Queens Democratic Assemblyman Mike Miller's office had been under investigation since December by an ethics commmittee after a female staffer said she felt unsafe and afraid to go into the office. 

Miller was informed of the investigation in December by the committee's then-chairwoman, Aravella Simotas. He was told not to discuss the case with anyone except his attorney. 

Instead, Miller spoke about it. He spoke to his staff about the investigation, he spoke with a state senator about it. He also spoke with community leaders and a "powerful" district leader, according to an ethics committee complaint. 


What You Need To Know

  • Assemblyman Mike Miller has been sanctioned for violating the Legislature's sexual harassment policy.

  • Miller was cleared of direct harassment, but he was found to have spoken about the investigation to people other than his lawyer, including staff members.

  • Miller's office will undergo a climate survey.

  • Miller lost his Democratic primary in June.

 

That, in turn, may have chilled other witnesses from coming forward. 

Miller on Thursday was formally reprimanded by Assembly Speaker Carl Heastie's office for speaking about the investigation into an unspecified harassment and gender discrimination complaint. 

An investigation of Miller cleared him of harassment, but the committee is still reviewing allegations he retaliated or intimidated staff when discussing the investigation itself. 

Miller lost his Democratic primary last month to Jenifer Rajkumar. 

The state Legislature over the years has come under scrutiny for a free-wheeling and male-dominated culture of harassment. Before the #MeToo movement captured headlines, state lawmakers and staffers from both parties faced allegations of harassment, sexual abuse and assault. 

The Legislature in recent years has sought to reform its own anti-harassment policies in the wake of the accusations leveled against the late former Assemblyman Vito Lopez. A report from the Joint Commission on Public Ethics detailed abuse and harassment by Lopez of his staff. 

The Miller case, meanwhile, underscores the power elected officials still have as they face allegations of harassment. 

"Miller had some of these conversations knowingly if not deliberately within earshot of members of his District Office staff, in one case speculating about who might be the complainant (and who the Member was certain was not), and in another announcing that his lawyer told him he could sue the complainant for libel and slander," a letter released Thursday by Assembly Ethics Committee Chairwoman JoAnn Simon states. 

Miller discussed the case with "numerous persons other than his attorneys," the letter states.

"The investigator found that Assembly Member Miller had some of these conversations knowingly if not deliberately within earshot of members of his District Office staff, in one case speculating about who might be the complainant (and who the Member was certain was not), and in another announcing that his lawyer told him he could sue the complainant for libel and slander," the letter states. 

This, in turn, "likely impacted the willingness of the witnesses to be forthcoming in her interviews," Simon wrote.

One Miller staffer refused to provide testimony, according to the letter. 

Miller's office was ordered by Heastie to undergo a climate survey and the lawmker himself to undergo "additional training" on the chamber's sexual harassment policy and laws against retaliation. 

EC 8-4-20 by Nick Reisman on Scribd