May 6, 2010
Senator Neil Breslin
Assistant Majority Leader on Conference Operations
502 Capitol Albany, New York 12247
Dear Assistant Majority Leader Breslin,
On Monday, May 3, 2010, I gave to the press copies of my state and federal income tax returns for 2009, my W-2, and a dividend form. The only information that I redacted from those forms was my social security number, my bank account number, and the street address of my home. I have also promised that, if elected, I will not have any outside job (in order to be completely free of any potential conflicts of interest) and to release my tax returns and W-2 every year.
I released my tax information because I believe that the voters have a right to know how much a candidate earns, and how he or she earned it. I believe that the voters have an equal right to know how much a Senator earns, and how he or she earned it. This includes a right to a full disclosure of any outside job(s) or sources of income, and any resulting potential conflicts of interest.
When I released my own tax information I requested that you do three things. First, follow my example and also release your 2009 tax returns and reveal your salary from your second job at the law firm Hiscock and Barclay. Second, reveal your client list so that the voters can know if there are any potential conflicts of interest. Third, reveal your time records so that the voters will know what general services you provided to these clients, and know when you are working at the law firm, as opposed to working on Senate duties.
Senator, you have so far not responded to any of these requests or released any of this information. As Assistant Majority Leader of the New York State Senate and Chairperson of the Senate Insurance Committee, you are one of the most powerful and influential people in State Government. Yet, you also work simultaneously at Hiscock and Barclay, and you have so far refused to reveal your specific salary or your clients. Without the release of your tax information and client list it is nearly impossible for the public to know if there are any potential conflicts of interest from the clients that you represent at Hiscock and Barclay.
As I am sure you know, this information is not covered by the attorney-client privilege. In January 2010 the Association of the Bar of the City of New York issued a report on "Reforming New York State's Financial Disclosure Requirements for Attorney-Legislators." In that report the Bar Association noted that under existing law the identity of an attorney's clients and amount of income are not confidential and are subject to disclosure. The Bar Association also stated in its conclusion that "...all lawmakers, including attorney-legislators, should be required to disclose information about their sources of outside income, including the identity of their clients, their fees and a clear description of the services rendered."
This is the exactly the same information that I am requesting that you release: 1) your outside income, including at your law firm, 2) the identity of your clients, and 3) time sheets or some other clear description of the services your provided to those clients. Not only do voters have a right to know this information, but, if there are no conflicts of interest then I fail to see how releasing this information would be a problem.
I want to make clear that I am only asking you to do what I have already done. I believe in leadership by example. As a result, I first released my tax returns and W-2, which reveal all of my sources of income for 2009 (which consisted of my state salary and approximately $40 in interest that I earned from one investment). I do not have, and did not have, any second job or outside source of income. I do not have, and did not have, any outside clients. Therefore, I have already released all of the information that I am requesting that you disclose. I look forward to your response.
Sincerely,
Luke Martland
Since we're on the topic of "show me the money," I think it's time I started doing this:
