‘Inappropriate and unprofessional’: Queens rep Michael Miller is sanctioned for conduct during harassment probe

ALBANY — A Queens Assemblyman is being sanctioned, just weeks after his June primary loss, for “inappropriate and unprofessional” conduct stemming from a harassment complaint made against his office.

The chamber’s Ethics Committee found Assemblyman Michael Miller, a Democrat representing the 38th district, to be openly discussing the complaint while it was being investigated in front of staffers, which “had the effect of intimidating potential witnesses.”

Assembly Speaker Carl Heastie (D-Bronx) accepted the panel’s recommendations to admonish his fellow Democrat and ordered him to undergo harassment and retaliation training. A “climate survey” will also be conducted in his office.

The investigation began following a December 2019 report about an incident involving a female staffer. The employee was so afraid, following the incident, she sought to work from home, according to the committee.

Miller was instructed not to discuss the investigation with his staff, colleagues or anyone he suspected might be the complainant, a witness, or involved in any way, “nor anyone with whom the investigators could reasonably expect to speak.”

On June 16, 2020, the committee met following an investigation that found while the evidence did reveal inappropriate and unprofessional conduct, it did not “support a finding that Miller engaged in harassment and/or discrimination.”

The investigator determined that Miller’s actions were not directed towards the staffer “based upon her gender, and the evidence does not establish a pattern of [sex-based] misconduct.”

However, the probe revealed Miller had spoken with numerous persons other than his attorneys, including members of his own staff, at least one state senator, community leaders and a district leader.

Some of the conversations were conducted “knowingly if not deliberately within earshot of members of his staff.”

The conversations “breached the confidentiality of the investigation in a manner that had the effect of intimidating potential witnesses,” the committee wrote to Heastie.

Miller was one of half a dozen incumbent Democrats who lost primary elections to insurgent progressive challengers. He was first elected in a 2009 special election to replace ex-lawmaker Anthony Seminerio, who was convicted of fraud and bribery and later sentenced to prison.

Attorney Jenifer Rajkumar, who defeated Miller in the June primary, could go on to represent the 38th Assembly district, which covers parts of Woodhaven, Ridgewood, Ozone Park and Richmond Hill, following the November general election.