Our View: Paterson needs to be open on O'Byrne tax investigation

Thursday, October 23, 2008 12:02 AM EDT

As the state Senate Investigations Committee opens its investigation into Gov. David Paterson's top advisor, we hope Paterson is true to his word that his office will fully cooperate.
Paterson's chief of staff, Charles O'Byrne, is under fire by state Republicans over revelations that he failed to pay about $300,000 in state and federal taxes between 2001 and 2005. O'Byrne has since made arrangements to pay the debt and associated penalties, but that didn't stop one Republican candidate from calling for O'Byrne's resignation and others, saying there were legal and ethical questions that need to be answered.

You may recall a similar investigation launched by Republicans with regard to former Gov. Eliot Spitzer's use of the state police in an attempt to discredit former Senate majority leader Joe Bruno. In that case, Spitzer staffers stalled, dummied-up and consulted with attorneys rather than divulge anything about who knew what and when.

But Paterson and O'Byrne seem to be taking a different tack here, with O'Byrne publicly taking responsibility for his past actions and Paterson welcoming a full investigation.

Paterson said that he knew about O'Byrne's tax problems in 2007 but that he asked for no special favors on O'Byrne's behalf from the state tax department.

Thus far, O'Byrne's ethical and legal standings seem to be holding up. He was able to amend his financial disclosure statement, without penalty, under the state ethics law, and the state tax department said it has no plans to pursue criminal charges because O'Byrne voluntarily disclosed his debt and made arrangements to pay it.

On Wednesday, O'Byrne released to the Republican-controlled investigations committee records concerning the back taxes he recently paid.

If more information is needed, we expect O'Byrne and Paterson to cooperate.

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