ALBANY — The state’s top ethics watchdog yesterday slapped outgoing Gov. Paterson with a historic rebuke, ordering him to pay a $62,125 fine for taking free World Series tickets from the Yankees — and then lying under oath to cover his tracks.
The Public Integrity Commission’s penalty — the first of its kind levied against a sitting governor — follows a months-long investigation into the lame-duck Democrat after The Post exposed his freebie trip to the first game of the 2009 World Series.
Commission Chairman Michael Cherkasky said Paterson’s ethical lapses, his lying under oath and his status as the state’s highest-ranking official justified the harsh fine.
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“The moral and ethical tone of any organization is set at the top,” Cherkasky said. “Unfortunately, the governor set a totally inappropriate tone by his dishonest and unethical conduct. Such conduct cannot be tolerated by any New York state employee, particularly our governor.”
The penalty amount — six times more than had been recommended by an administrative judge — included the $2,125 face value of the five VIP-seat tickets that Paterson, two aides, his son and his son’s friend had used to attend Game 1 of the Yankees-Philadelphia Phillies World Series on Oct. 28 of last year.
It also included $60,000 for three violations of the state’s gift ban.
The Post first revealed on Nov. 2, 2009, how Paterson and his former top aide David Johnson had no intention of paying for the tickets they had solicited from the Yankees.
An investigation launched in response by the Public Integrity Commission not only confirmed The Post’s account but accused the governor in a blistering March 3 report of lying under oath to cover his tracks.
Investigations painted the governor as ensnared by his own net of contradictions and cover stories after The Post inquired about who, if anyone, had paid for tickets.
The governor told his top spokesman, Peter Kauffmann, that he was invited to the game by Yankee President Randy Levine but retracted the story after Levine told The Post the governor was “a liar.”
Paterson insisted during sworn testimony to investigators that he had always intended to pay for at least two tickets for his son and his son’s friend, and claimed that he drafted an $850 check before going to the game.
Ethics investigators, however, determined the check was likely drawn up by Johnson after The Post’s Oct. 29 inquiry. A handwriting analysis found the lettering on the check Paterson claimed to have written was identical to that on the check Johnson made out to cover his own $425 ticket.
Paterson contended that his role as governor entitled him to the freebies, and Johnson — at the request of the Yankees — secured a letter from Peter Kiernan, the governor’s counsel, to quell ethics concerns expressed by team management.
“Yankees the only sports franchise that give us problems,” Johnson complained in an e-mail to another staffer before calling on Kiernan to draw up the letter.
Kauffmann, who quit because of the scandal, later testified that Paterson and Johnson had insisted they didn’t have to pay for the tickets.
“Mr. Johnson was very forceful and adamant about this point,” Kauffmann said. “The governor doesn’t have to pay for these tickets. These tickets are free.”
The commission dismissed the “official business” argument because Paterson didn’t participate in any ceremonies, events or speeches during the game.
At any rate, the commission argued, the exception would not excuse the gifts to the other four attendees.
When pressed, Paterson told investigators that it was his responsibility to attend the sporting event.
“There are events that are very high profile — if a governor does not attend them, they would create problems,” Paterson said. “I felt that it was my professional duty to be at the game.”
The Yankees have various interests before the state and regularly register as a lobbying entity. It is against state law for a public official to accept gifts from a registered lobbyist.
The commission settled on a total fine of $62,125 — six times more than the $10,125 penalty recommended last month by an administrative judge who heard the case over the summer. But the penalty fell short of the $96,375 maximum allowed under law.
Paterson’s lawyer, Theodore V. Wells Jr., called the commission’s decision to overrule its own hearing officer and impose a stiffer fine “outrageous.”
“The commission has wildly misrepresented the facts, exceeded its legal authority, and generally confirmed what has long been obvious: that these proceedings were always about political retribution and never about the truth,” Wells said.
Paterson refused to participate in hearings and argued that the Public Integrity Commission unfairly rushed the case even as an independent counsel’s review of its findings was still in progress.
Independent Counsel Judith Kaye on Aug. 26 upheld the commission’s findings and determined that Paterson had given “inaccurate and misleading” testimony under oath.
The penalty comes less than two weeks before Paterson is slated to leave office, cash in on his estimated $80,000-a-year pension and hand the Executive Mansion to Attorney General Andrew Cuomo.
Flimsy restrictions on campaign funds mean that Paterson could use the $225,000 remaining in his campaign account to pay the fine, although NYPIRG’s Blair Horner called on the Board of Elections to bar him from doing so.