Pataki Weighs Removal Proceeding
Pressure Mounts on Hevesi

By RICHARD STEIER

Governor Pataki Oct. 27 tapped a former U.S. Attorney to look into whether there is sufficient evidence of wrongdoing by State Comptroller Alan G. Hevesi in having one of his staffers serve as his wife's personal driver to warrant his removal from office.

DEFIANT BUT LOSING SUPPORT: State Comptroller Alan G. Hevesi continued to insist that he would not resign after being found guilty of misuse of a state employee to drive his wife by the state Ethics Commission, but his support for re-election dropped precipitously as Governor Pataki considered whether his actions warranted removal and Mr. Pataki's likely successor, Eliot Spitzer, withdrew his endorsement of Mr. Hevesi.

Mr. Pataki told reporters he took that step because the State Ethics Commission concluded that Mr. Hevesi "knowingly and intentionally misused his office and broke the law" by assigning the staffer, Nicholas Acquafredda, to that work and paying him from state funds.

Unprecedented Action

The provision of state law under which the State Senate could vote to remove Mr. Hevesi from office has never been invoked, Mr. Pataki said at the mid-afternoon press conference, adding, "If it's used at all, it has to be used cautiously and with great, great care."

He said he had asked ex-U.S. Attorney David N. Kelley to report back to him within a week, but would give him more time if he needed it. Asked whether removal could occur before next Tuesday's election, Mr. Pataki said it would not.

But when asked what he would say to Mr. Hevesi given the circumstances, the Governor replied, "I think he should take a hard look at where he stands right now." He noted that a day earlier, the man who is expected to be the next Governor, State Attorney General Eliot Spitzer, rescinded his endorsement of his fellow Democrat because of the Ethics Commission's Oct. 23 findings.

Mr. Hevesi's only response to the Governor's action was to say, "As a result of this decision, five million voters will choose their next Comptroller, and that's as it should be."

Won't Go Voluntarily

GOVERNOR PATAKI: Moving carefully.

He previously insisted he would not resign, even as pressure mounted on him with Mr. Spitzer's cutting of past ties. If he was re-elected and the Senate subsequently voted to remove him, the entire State Legislature would choose his replacement.

The Albany County District Attorney's Office is considering whether criminal charges should be brought.

Mr. Hevesi, his re-election suddenly endangered by the controversy, had offered to reimburse the state for what he estimated to be $83,000 in salary and benefits the driver received while assisting Carol Hevesi. The ethics panel questioned whether that was the proper amount, however, and said the Comptroller's failure to log how much time his aide devoted to his wife indicated that he may have had no intention of reimbursing the state until his Republican opponent, J. Christopher Callaghan, reported the abuse.

Mr. Callaghan brought the issue to public attention, ironically, by making a complaint to a hotline Mr. Hevesi created to deal with corruption allegations.

Sought Advice, Ignored It

In May 2003, Mr. Hevesi, citing the chronic physical and mental problems from which his wife suffers, wrote the Ethics Commission asking whether he was entitled to have the state provide her with security. The panel responded that he should seek an opinion from law-enforcement officials before arranging for a driver.

Mr. Hevesi consulted the State Police, which concluded that there was a "low threat risk" to Carol Hevesi, even though the Comptroller had angered numerous vendors - including some with organized-crime ties - by disqualifying them from contracts with the state.

He then deployed Mr. Acquafredda, who had driven his wife to medical and other appointments on occasion in the past. Mr. Hevesi said his aide, whose duties were related to constituent service, had his time spent with Ms. Hevesi steadily increase, estimating that in 2005 and 2006, 40 percent of his work hours were spent with her.

Aide: Other Duties Ceased

But one aide to the Comptroller, Myrna Santiago, told the Ethics Commission that there was a point when Mr. Acquafredda "actually ceased" doing constituent work.

RANDI WEINGARTEN: 'Pile-on' obscures record.

"There is no question that Mrs. Hevesi suffers from debilitating illnesses, and that those closest to her have genuine concerns for her welfare," the Ethics Panel stated in its report. "But State employees may not use public resources to care for their loved ones. Surely, the State's Comptroller may not do so."

The release of the report triggered an uproar, with several prominent Republicans, including Senate Majority Leader Joseph L. Bruno, calling for Mr. Hevesi to step down.

The intensified pressure forced the Comptroller, who until then had ducked a debate with Mr. Callaghan - who until recently he led in public-opinion polls by 40 points or more - to appear with him Oct. 25 for an hour-long session in the offices of New York 1.

Mr. Callaghan did little to assert himself during the debate; the most strenuous exchanges involved Mr. Hevesi and the panel's moderator, Dominic Carter, who provoked the Comptroller's pique when he described using Mr. Acquafredda as he had as an "abuse of his office."

'It's Not An Abuse'

Mr. Hevesi exclaimed, "It's not an abuse," saying that he came out of "an environment" during his time as City Comptroller in which security details were provided to the wife of then-Mayor Rudy Giuliani and then-Deputy Mayor Randy Mastro.

When Mr. Carter noted that those details were assigned because of threats against the officials that were perceived as serious, Mr. Hevesi responded, "You're talking about my wife. Maybe other people have different attitudes. I'm not taking that kind of a chance."

'Shouldn't Have Done It'

He continued, "My failure ... and it's a real failure [is] I shouldn't have done this; I should have paid for the nonsecurity service." He said that he had intended to provide reimbursement but then had forgotten to do so. The Comptroller insisted, "I'm not trying to beat the system," but Mr. Callaghan derided him as "somebody who is not willing to pay unless he's caught."

"I made a very bad error," Mr. Hevesi responded. "This was not a willful attempt to cheat." He said that his action should be judged in the context of his 35 years of public service.

UFT Head Defends Hevesi

One longtime supporter of Mr. Hevesi, United Federation of Teachers President Randi Weingarten, offered qualified support for him. She said he had "made a huge mistake, which he is paying dearly for." But, she added, the reaction to the Ethics Commission report smacked of "a pile-on" that was out of proportion to the wrongdoing even if you believed Mr. Hevesi was guilty of a cover-up.

"The tragedy here is that Alan has been an amazingly effective public servant," she said in an Oct. 27 phone interview. "Nobody prior to this time ever questioned his integrity and his honesty."

She admitted part of her concern stemmed from the fact that she believes Mr. Callaghan is unqualified to be Comptroller and poses a threat to public employees. She cited as evidence his advocating - as has Republican gubernatorial nominee John Faso - the replacement of the traditional pension system with a 401(k) plan for future public workers. State law prohibits any diminution in the pension rights of public employees already on the job.

"I believe a defined contribution plan is more appropriate for the state," Mr. Callaghan said during the debate, noting that it would reduce employer pension costs.

Plays the Bush Card

Mr. Hevesi retorted, "You want to throw [public employees] into the market ... the same way George Bush wanted to privatize Social Security."

He put Mr. Callaghan on the defensive when he cited a 2002 report by former Comptroller Carl McCall covering the finances of Saratoga County and Mr. Callaghan's stewardship as its treasurer. Among the problems the McCall report discovered was that records were missing, something that Mr. Hevesi noted took place while Mr. Callaghan was responsible for a staff of just 12. He asserted that he would be in over his head trying to manage the Comptroller's staff of 2,400 and pension system assets of more than $140 billion, a belief that Ms. Weingarten echoed.

"You've got the worst of all situations," Ms. Weingarten said: "a legitimately bad thing that Hevesi has done - and for which he has abjectly apologized - and an opponent who is unqualified for the office. And it's coming smack-dab in the middle of election season.

"Is this a good situation? No."