Boyland Charged by Legislative Ethics Commission

The New York State Legislative Ethics Commission (LEC) has issued a “notice of reasonable cause” (a “NORC”) alleging that Assemblyman William Boyland (D – Brooklyn) violated various provisions of the state’s Public Officers Law (POL) by accepting a consulting job at a local hospital that has business with state agencies.

This appears to be the first time that the LEC has taken action against a sitting state legislator.  The LEC’s only previous action against a legislator was brought against Hiram Monserrate last October, after he was expelled from the Senate.

Specifically, the LEC is alleging that Boyland violated:

• POL § 74(2) by maintaining a financial relationship that constitutes a substantial conflict of interest with the proper discharge of his duties;
• POL § 74(3)(f) by giving a reasonable basis for the impression that the hospital and its related entities could improperly influence him and unduly enjoy his favor;
• POL § 74(3)(a) by accepting employment which impaired his independence of judgment in the performance of his official duties, or POL § 74(3)(d), gaining an unwarranted privilege; and
• POL § 73-a by knowingly and willfully reporting false information on his annual statements of financial disclosure for the years 2003 through 2009.

In March, Boyland and Senator Carl Kruger (D – Brooklyn) were charged by the U.S. Attorney for a number of public corruption offenses, including bribery.

The LEC voted to investigate Boyland in July 2010 after he sought and then withdrew a request for an advisory opinion relating to outside employment.  The NORC also notes that Boyland was notified of his opportunity to be heard before the Commission voted on whether to issue the NORC, but chose not to be heard.

The NORC also states that LEC’s further adjudication of the matter “will be held in abeyance pending ongoing discussions with the United States attorney’s office for the Southern District of New York.”