Showing posts with label ethics. Show all posts
Showing posts with label ethics. Show all posts

Thursday, June 3, 2010

SD-46: Breslin STILL Refuses Ethical Disclosure Despite Calls from Martland, Cuomo

A full month after Luke Martland called on Senator Neil Breslin to fully disclose his list of clients, citing numerous credible sources, the Senator continues his refusal to confirm that there is no conflict of interest in his being an of counsel attorney at a union-busting and insurance-lobby law firm while the Senator sits as Chairman of the Insurance Committee in the Senate.

Today, Luke Martland adds gubernatorial candidate Andrew Cuomo to his list of sources to bolster his argument:

BRESLIN IGNORES MARTLAND’S CALL FOR FULL DISCLOSURE OF TAX RECORDS, LAW FIRM CLIENT LIST AND SALARY

Andrew Cuomo Called for Full Disclosure in Acceptance Speech

June 3, 2010

(Albany) – Thirty days have passed since Senate candidate and former prosecutor Luke Martland called on 14-year incumbent Neil Breslin to release his tax records, law firm client list and salary. Martland released his own state and federal tax records to the press on Monday, May 3, 2010.
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“It has been a month since I called on Neil Breslin to release his tax records, law firm client list and salary,” said Martland. “If Breslin has nothing to hide, why doesn’t he simply disclose this information,” questioned Martland.

Martland’s call for Breslin to release this information has been echoed by the Attorney General, the press, a large bar association and a federal judge.

Attorney General Andrew Cuomo called for full disclosure of outside sources of income for lawmakers at his nomination acceptance speech last week.
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Despite these calls for full disclosure, Breslin has repeatedly refused to divulge his law firm client list and law firm salary.

For the record, Cuomo's statement reads as such, from the transcript of his campaign announcement video:

My Clean Up Albany Plan will enact strict new ethics laws, require full disclosure of all legislators' outside income, and have a real independent monitor, because self-policing is an oxymoron.

I'm assuming Sen. Breslin is supporting the future Governor's election. But will he actually take action and reveal his client list, or will he prove Cuomo's axiom that "self-policing is an oxymoron" is true? A recent interview in the Legislative Gazette by Faith Burkins-Gizmet reveals Breslin's arrogance:

Martland recently called on Breslin to release his 2009 tax forms, including income from the law firm where Breslin is of counsel, Hiscock and Barclay.

Breslin maintains he has already done that, providing the documents to the Albany Times Union in January after the newspaper asked all lawmakers to disclose their finances.

Martland also demanded that Breslin release a list of his law firm's clients, citing that the public has a right to know if there is a possible conflict of interest.

Breslin said he finds this argument "absurd." He said none of his clients have any business with the Legislature, and they are guaranteed confidentiality by law. He said it would be an ethical violation if he were to disclose his clients' names.

There's nothing to be read from this except arrogance. Breslin seems to believe if he keeps on ignoring these calls that they'll simply go away. How he sees this stubborness helping his campaign is something I simply can't fathom. If he would only reveal the client list as Martland and Cuomo are saying, his challenger and this blogger would have to find something else to write about, right?

As it stands, without a list of names to confirm there is no conflict of interest, there's no proof there is none. But there is proof that, as Cuomo said, self-policing is an oxymoron:

Breslin's continued refusal to provide full disclosure. And that's only one of the reasons Senator Breslin needs to be offerred a retirement package in September's Democratic primary.

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Wednesday, May 12, 2010

SD-46: Show Me The Money!

Luke Martland Continues to Demand Full Disclosure of Unresponsive Sen. Breslin

More than a week after State Senate candidate Luke Martland called on Senator Neil D. Breslin to fully disclose the amount of money he makes and who he represents at his second job at a union-busting and financial industry lobbying law firm, the Assistant Majority Leader has failed to respond.

Undeterred, Martland yesterday brought forth the issue again, and vowed to continue doing so until he succeeds in getting Albany County voters the full disclosure we deserve. One thing Martland's press releases never fail to do is hammer the secretive Senator while tying his attacks in with recent legislative events:

“Instead of caring about New York’s families that are suffering pay cuts and job losses, Breslin is more interested in hiding his pay increases and multiple side clients. If only working families were as important to him as his secret clients, maybe the state budget would get passed and the furloughs avoided.”

- Luke Martland, Democratic candidate for New York State Senate, 46th District

Breslin's response to last week's inquiry from Martland was to shrug it off entirely. One supposes he was too busy authoring a resolution condemning the very furloughs he himself voted for. Perhaps the Senator considers himself so untouchable that Martland and his press releases might simply go away...

...but that clearly isn't going to happen. Luke Martland has been good about backing up his request with evidence to thwart Breslin's bogus claim that such disclosures are unnecessary. He cites a January finding by the Association of the Bar of the City of New York which came to the following conclusion:

“...all lawmakers, including attorney-legislators, should be required to disclose information about their sources of outside income, including the identity of their clients, their fees and a clear description of the services rendered.”

Emphasis mine - SP

Not content to simply cite a Bar Association report, Martland follows the perennial "rule of three" to further bunker his demands. He cites last Friday's Times Union editorial which echoed his own opinion, saying that all Senators should "be subject to full disclosure of their sources of income and actual or potential conflicts...which they have for too long refused to do." Additionally, he reminds us of what U.S. District Court Judge Gary Sharpe told disgraced former Senate Majority Leader Joe Bruno in court: “Why is anybody worried about disclosure? Disclosure gets rid of the entire problem of conflict. How can there be a conflict if you’ve disclosed? That’s the whole function of disclosure. Let the public know...And then they can make their own judgments.”

I find it refreshing to see a State Senate candidate leading by example, as Martland has already released all his tax and income information of his own volition. And I say three cheers to Luke Martland for reminding the entrenched Senator of the lessons all legislators should be taking away from the recent conviction and sentencing of Uncle Joe.

"I believe in leadership by example," Luke Martland told me the first time I met him. It's also what Luke Martland says directly to Senator Breslin in a letter dated May 6th, which was also released to the press yesterday.

Interested? The letter is quoted in full below the fold.

The ball is in Breslin's court on this one. Stay tuned to see if all he does is keep dribbling.

(Cross-posted on The Albany Project)

Below is the full text of the letter Luke Martland sent to Sen. Breslin.

May 6, 2010

Senator Neil Breslin
Assistant Majority Leader on Conference Operations
502 Capitol Albany, New York 12247

Dear Assistant Majority Leader Breslin,

On Monday, May 3, 2010, I gave to the press copies of my state and federal income tax returns for 2009, my W-2, and a dividend form. The only information that I redacted from those forms was my social security number, my bank account number, and the street address of my home. I have also promised that, if elected, I will not have any outside job (in order to be completely free of any potential conflicts of interest) and to release my tax returns and W-2 every year.

I released my tax information because I believe that the voters have a right to know how much a candidate earns, and how he or she earned it. I believe that the voters have an equal right to know how much a Senator earns, and how he or she earned it. This includes a right to a full disclosure of any outside job(s) or sources of income, and any resulting potential conflicts of interest.

When I released my own tax information I requested that you do three things. First, follow my example and also release your 2009 tax returns and reveal your salary from your second job at the law firm Hiscock and Barclay. Second, reveal your client list so that the voters can know if there are any potential conflicts of interest. Third, reveal your time records so that the voters will know what general services you provided to these clients, and know when you are working at the law firm, as opposed to working on Senate duties.

Senator, you have so far not responded to any of these requests or released any of this information. As Assistant Majority Leader of the New York State Senate and Chairperson of the Senate Insurance Committee, you are one of the most powerful and influential people in State Government. Yet, you also work simultaneously at Hiscock and Barclay, and you have so far refused to reveal your specific salary or your clients. Without the release of your tax information and client list it is nearly impossible for the public to know if there are any potential conflicts of interest from the clients that you represent at Hiscock and Barclay.

As I am sure you know, this information is not covered by the attorney-client privilege. In January 2010 the Association of the Bar of the City of New York issued a report on “Reforming New York State’s Financial Disclosure Requirements for Attorney-Legislators.” In that report the Bar Association noted that under existing law the identity of an attorney’s clients and amount of income are not confidential and are subject to disclosure. The Bar Association also stated in its conclusion that “...all lawmakers, including attorney-legislators, should be required to disclose information about their sources of outside income, including the identity of their clients, their fees and a clear description of the services rendered.”

This is the exactly the same information that I am requesting that you release: 1) your outside income, including at your law firm, 2) the identity of your clients, and 3) time sheets or some other clear description of the services your provided to those clients. Not only do voters have a right to know this information, but, if there are no conflicts of interest then I fail to see how releasing this information would be a problem.

I want to make clear that I am only asking you to do what I have already done. I believe in leadership by example. As a result, I first released my tax returns and W-2, which reveal all of my sources of income for 2009 (which consisted of my state salary and approximately $40 in interest that I earned from one investment). I do not have, and did not have, any second job or outside source of income. I do not have, and did not have, any outside clients. Therefore, I have already released all of the information that I am requesting that you disclose. I look forward to your response.

Sincerely,

Luke Martland

Since we're on the topic of "show me the money," I think it's time I started doing this:

Donate to Luke Martland for State Senate.