Reasoning that even elected officials have bosses, a Manhattan Supreme Court judge hinted that he may allow a case to proceed against New York state over claims disgraced former Assemblyman Vito Lopez sexually harassed two female employees.
“There has to be some supervisory institution over an elected official,” Justice Paul Wooten said.
“An elected official does not operate in a vacuum,” he said, adding, “I have to run, I’m elected by the people. I have to follow rules under the state of New York.”
The judge questioned state attorney Michael DeLarco’s claim that “the state cannot be liable for Mr. Lopez’s conduct” because it is nothing more than a “glorified payroll and benefits provider.”
Twenty-something staffers Victoria Burhans and Chloe Rivera sued the state earlier this year after losing a case against the Assembly.
Their lawyer, Kevin Mintzer, said state officials were aware of Lopez’s “harassment rampage” because at least two other victims had already accused him of “treating them as sexual objects and punishing them when they refused to go along.”
Those officials had an obligation to protect their employees, Mintzer said.
“My clients are public servants. They work for the government, they don’t work for Vito Lopez Inc.” he said.