2 Women Received $32,000 From Assemblyman, Beyond Money From State

ALBANY — Two women who brought sexual harassment claims against Assemblyman Vito J. Lopez this year received $32,000 from him, in addition to $103,080 in state money, according to a redacted copy of the settlement agreement obtained by The New York Times. They also received an unspecified amount of pay and benefits. Julia Gillard Assemblyman Vito J. Lopez in 2009. Multimedia DOCUMENT: Letter From Assembly Speaker Silver Censuring Assemblyman Lopez Related Assembly Leader Admits Fault as Critics Assail Secret Payoff (August 29, 2012) Assembly Paid $103,000 in Harassment Case (August 28, 2012) Before Censure, a Hushed Settlement Against Assemblyman (August 26, 2012) Lawmaker Is Censured Over Sexual Harassment (August 25, 2012) Times Topic: Vito Lopez Connect with NYTMetro Follow us on Twitter and like us on Facebook for news and conversation. Mr. Lopez, a Brooklyn Democrat, signed the agreement himself, though it was not clear whether he paid the $32,000 from personal, campaign or other accounts. As part of the agreement, he and members of his staff had to attend a class on avoiding sexual harassment. The agreement settled what it called “unproven allegations” that the two women “were subjected to sex discrimination and retaliation and sex harassment, which Vito Lopez and the Assembly deny.” The details of the accusations were not described in the agreement. The $135,000 in payments were divided among the women, who are former employees of Mr. Lopez, and the two law firms that represented them: Cuti Hecker Wang, based in Manhattan; and Allred, Maroko & Goldberg, based in Los Angeles. The new details about the settlement emerged as the State Assembly speaker, Sheldon Silver, and Gloria Allred, one of the lawyers who represented the two women, continued to trade statements about the terms of the settlement. Ms. Allred has insisted that the settlement’s confidentiality clause did not preclude the Assembly from referring a case to its ethics committee; Mr. Silver, a Democrat, who is a lawyer, disagreed in a statement he released on Tuesday. The terms of the agreement, however, suggest that the Assembly could have proceeded with an ethics committee investigation, though it is clear nobody wanted that to happen. “The parties desire to resolve this matter without resort to litigation or any administrative proceeding of any sort,” the agreement says. There is a typical exception to the confidentiality clause in the agreement that stipulates it does not apply if the parties are presented with “a valid subpoena.” The Assembly’s ethics committee has subpoena power. There is no specific prohibition detailed in the agreement that limits the Assembly from taking action against Mr. Lopez — for legal purposes, the Assembly and Mr. Lopez are on the same side in the agreement. Mr. Silver, in a rare mea culpa on Tuesday, accepted responsibility for mishandling the situation and said the Assembly would treat future cases involving similar circumstances in a more open and transparent manner. His spokesman also said that there had been no previous agreements similar to the one involving Mr. Lopez. But on Wednesday Ms. Allred stepped up her criticism of the Assembly. “We disagree with Speaker Silver’s statement that the Legislature is ‘precluded’ from referring complaints to the Assembly’s ethics committee whenever an employee also seeks some form of a private resolution of claims against an alleged harasser,” she wrote in a statement that was also signed by two other lawyers involved in the settlement, Nathan Goldberg and Mariann Meier Wang. “Neither the law nor ethical requirements preclude such a referral.” “Mr. Silver has to shift his priorities,” she said. “The legislators are elected officials. Their job is not to sexually harass women. If they do, there should be no corner in which they can hide. The State Legislature should do everything possible to bring current and past allegations of this nature to light.” Michael Whyland, a spokesman for Mr. Silver, said on Wednesday, “The speaker believes that the policy was wrong, has taken full responsibility and is committed to changing it.” Calls to Mr. Lopez’s office were not immediately returned; he has denied any wrongdoing and has said the allegations were politically motivated. The Times also reported on Tuesday that the offices of Attorney General Eric T. Schneiderman and Comptroller Thomas P. DiNapoli were consulted before the settlement was paid. On Wednesday night, Mr. Schneiderman’s office released new details about its contacts with the Assembly, saying one of its staff lawyers had consulted several times with a top Assembly lawyer over more than a week, and even provided a model agreement used by the attorney general’s office as a template for a variety of claims brought by state employees.nytimes