Ex-Spitzer aides, appointee face ethics charges

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The commission said evidence shows Baum "received (and ignored) e-mail communications" that showed there was a plot to generate negative publicity about Bruno to Spitzer's benefit, even though the governor's aides had already concluded Bruno wasn't violating state policy on the use of state aircraft.

Dopp and Felton could request a public hearing to contest the findings. If more evidence comes out of those hearings, more charges could be brought, possibly against Spitzer, the commission said.

Acting on a reporter's request
Dopp and the other aides had insisted they were following the legitimate request of an Albany Times Union reporter for public information.

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In his testimony to the commission, Dopp "does not indicate Spitzer ordered the documents' release, but instead states Spitzer said the documents had to be released because according to Dopp they were public documents."

"According to Dopp, Spitzer and Baum relied on Dopp's judgment that the documents were public documents subject to disclosure," according to the report.

Of Spitzer, the commission said that failing to supervise subordinates was not in itself a violation. "Similarly, the release of information or documents to the media about a political opponent, without knowledge that such information was confidential or improperly compiled or created ... does not violate the Public Officers Law," the panel wrote.

The commission, however, criticized the Spitzer administration for claiming executive privilege and seeking to withhold 109 documents "without legitimate basis."

The report also complained that the executive chamber created "numerous improper obstacles" to the investigation by withholding documents and gradually releasing information over 10 months.

In 2007, state Attorney General Andrew Cuomo's investigation of the case found improper conduct by Spitzer aides, but no crime.

Bruno retired from the Legislature last week.