CHEEKTOWAGA, N.Y. -- Former Assemblyman Dennis Gabryszak will likely have to pay a $100,000 fine after the Legislative Ethics Commission found he violated several state ethics laws.
It looked into accusations that Gabryszak harassed female staffers and used state resources for his re-election campaign. But will the state law allow him to use campaign funds to pay those fines?
2 On Your Side spoke with attorney Barry Covert to find out.
"He can use his campaign funds to pay for attorneys to defend himself initially against accusations that stem from his job as a legislator. But then when it comes to paying for fines, paying for penalties, the case law that I saw seems to go against him on that,” says Covert.
After his resignation in January of 2014, campaign finance records show Gabryszak had more than $4,400 on hand. On January 15, just days after he resigned, Gabryszak paid $4,000 as a retainer fee to the Greenberg Traurig law firm in Albany.
He reported $40 in bank fees in June along with $112 in miscellaneous receipts. This left just $510.50 in his campaign chest when he last filed a report with the state in July of 2014.
"That's not going to go anywhere. For $500, you're not going to get legal representation. So chances are, he's been having to pay for his legal representation out of his own pocket," says Covert.
Covert says it is now up to the State Election Commission to determine whether the $100,000 fine stands. If the Commission says he has to pay it, Gabryszak has four months to decide whether to challenge it.
So what happens if he doesn’t have $100,000?
"There would be an enforcement action taken in court, and if they prevail, a judgment is taken against you and then in New York State, the judgment generally is on the books for about ten years unless it's renewed and then it's on for another ten years where so for 20 years, he could have a situation where if he ever accumulates assets, somebody could try to use those assets then to satisfy the judgment," says Covert.
Gabryszak is still facing seven lawsuits connected to the alleged harassment.