Implications Could be Vast
A formal ethics complaint filed by Legislator Robert Trotta of Suffolk County’s Thirteenth Legislative District against then-District Attorney Tim Sini and the PBA finally yielded a decision.
This formal request asked the Suffolk County Ethics Board for an opinion regarding the legality of political candidates (specifically the former District Attorney) accepting large donations from the Suffolk County Police Benevolence Association (PBA) Fund’s Political Action Committee (PAC).
The Board concluded “Because the Suffolk County Code of Ethics is designed to foster public trust in government, the appearance of impropriety in an organizational interaction and oversight of police conduct leads this board to determine that the receipt of campaign contributions from an organization representing police or law enforcement agencies, from any related PAC’s, or from any similar organization such as a “Super PAC” is a VIOLATION of the code.”
The decision is a blow to the PBA. Records indicate that Sini received tens of thousands of dollars from the Nassau and Suffolk County Police Benevolence Associations. As a retired member of the police force, Trotta recalls that he approved a $1 per paycheck deduction ($26.00 a year) to go to the PBA Political Action Committee. However, Trotta “never authorized additional funds be given to political campaigns.”
According to a press release from Trotta, “Now they are doing this and going beyond the legal limit.”Legislator Trotta pointed out that according to the Election Law all campaign contributions must be voluntary. Therefore, Trotta questions why is it that the Suffolk police unions are forcing members to contribute to a Super Pac not to mention other union dues being transferred to the regular PAC. In addition to Legislator Trotta, several police officers have made inquiries about these political donations to the former and now current police commissioner and the previous District Attorney.
The complaints have gone unanswered.
Legislator Trotta previously urged his fellow legislators to return funds received by the PBA due to a potential violation of New York State Election Law. Trotta specifically cites section 14-116 of NYS Election Law.
The press release Trotta released goes on to read “the officers have not authorized the use of these dues for political purposes and the amount far exceeds the allowable amount of $5,000 per calendar year.”
“Moreover, former District Attorney Sini and County Executive Bellone have knowingly allowed this illegal activity to continue while they have personally benefited from millions of dollars in campaign contributions. They more than anyone else should know that their actions are illegal, and the taxpayers should be aware of their blatant disrespect of the law,” added Trotta.
The Suffolk County Board of Ethics issued its opinion to Legislator Trotta’s request. The Board of Ethics has independent authority to advise regarding public officials’ compliance with the Suffolk County Code of Ethics and did such on February 16, 2022. In its opinion, it is stated that “We take this opportunity to opine, regardless of the issue of compliance with Election Law Section 14-116, that acceptance of campaign contribution(s) from any law enforcement union or organization of related PAC or “Super PAC,” controlled or managed by Suffolk County Law enforcement public servants, made to a District Attorney creates a non-waivable and impermissible appearance of impropriety under the County Code of Ethics due to the unique role of the District Attorney…”
“Certainly, the rule is applicable to receipt of campaign contributions by all other elected officials of the County from third parties. However, such application will require a particularized factual case-by-case analysis of whether a campaign contribution in that setting will give rise to an appearance of impropriety. However as noted above, the special relationship between police and the District Attorney requires scrupulous avoidance of the appearance of significant impropriety for a District Attorney to accept campaign contributions from a law enforcement officer union or PAC.”
The wide-sweeping nature of this opinion could immediately impact donations from other PACs in County races if they hint at impropriety.
This is a developing story with more updates to come as we head into election season.
