Drawing The Line Does a political aide have the right to give voice to their own opinion without fear of reprisal? Apparently not. In a case of first impression, Judge Jack Weinstein of U.S. District Court ruled that Assemblymember Edward Griffith, assistant speaker and Brooklyn's senior Assemblymember, had the right to fire Diane Gordon, his former aide and currently a district leader, for taking a position contrary to his at a public rally she attended on her own time.

Gordon attended the East New York rally last year and spoke out against police brutality. The next day, Griffith called her and her supervisor into his office and, according to Griffith's complaint, berated and fired her. His basis was that she jeopardized his relationship with the 75th Precinct by speaking out against police actions.

In her complaint, Gordon maintains that she took a personal day to attend the rally, and that she was clearly speaking in her role as district leader, and was introduced on stage as such. The complaint states that at no time did she indicate that her remarks were in any way connected with Griffith. Further, her complaint states that she had never before received reprimands for her performance, and that Griffith routinely forced her to engage in partisan political activity on her own time. Her suit, which sought $10 million in damages, held that Griffith violated her constitutional rights of free speech and free assembly by firing her.

But in a sworn affidavit, Griffith states that Gordon blurred her roles as district leader and legislative aide by making police officials unsure of what capacity she was acting in. A police officer actually called Griffith after the rally because he was under the impression that Gordon was representing Griffith there. And, Griffith maintained, Gordon's failure to affirmatively disclaim her role as a Griffith aide at the rally left the impression that Gordon was acting on his behalf.

Griffith also says that he called her into his office merely to discuss the matter and set rules by which she could act both as an independent district leader and his aide, and that she resisted the discussion and became argumentative with him. "In the course of informing Ms. Gordon of my concerns, she went from defending her actions by asserting that they were within the scope of her role as Female District Leader and her personal exercise of First Amendment rights on her own time to outright insolence by mocking my accent and speech in my presence and that of a subordinate.This was conduct that was not to be tolerated," he said in the affidavit.

Judge Weinstein ultimately dismissed Gordon's claim, and the decision is sure to make others who wear more than one political hat wary of taking positions that run contrary to those of their employers, regardless of whether they believe they are doing it on their own time. To some extent, the case goes right to the heart of the inherent difficulty in trying to be a partisan advocate some of the time and an independent thinker and actor the rest of the time, and whether the two roles can ever really be separated in the minds of constituents.

"The people in the precinct distinctly had the impression that she was there in that capacity (as a Griffith aide)," said Terry O,Neill, counsel to Griffith. "If she had been listed on the program as a district leader, or just some way where it was not ambiguous what she was doing there, it would be different." "To me, if somebody gets up there and is introduced as a district leader, I don't think that they have to say, 'By the way, I'm not here in the context of my daytime job as a representative for Assemblyman Griffith,'" said Joseph Grob, Gordon's attorney.

And if Gordon had made an affirmative disclaimer? "It certainly (would) take away an element of their argument," said Grob. "The judge though seemed to march to a different tune on that, in that when you're dealing with political jobs in this political climate, he's not going to dictate to an assemblyman, who's got to face reelection every two years, what he can and can't tell his people to do." Gordon did not return a message left with Grob. She is now challenging Griffith in the upcoming primary.

Miller Time Bob Miller understands that close only counts in horseshoes and hand grenades. Nine years ago, Miller went to bed on election night with a 22-vote lead over incumbent Councilmember Noach Dear. But the next night, after the recount, he hit the pillow as a man who lost by a mere 100 votes. In 2001 Dear will have to step aside because of term limits and now Miller, a lawyer who specializes in commercial litigation, is at it again, declaring himself a candidate in the 44th district Councilmanic race.

Miller recently garnered some attention with a case in which he represented two Sabbath-observing workers discriminated against by Sears and First Union. With some help from the state attorney general, the companies eventually settled, allowing the workers to take off on their religious days of rest. The clients, said Miller, were referred to him by Assemblymember Dov Hikind.

Miller has also served in local civic associations and represented Italian-American and Jewish organizations in the district, which includes Borough Park, Bensonhurst and Flatbush. When asked whether he thought his religion (Roman Catholic) would make it difficult for him to win the seat in a predominantly Jewish district, he said that his record should be the issue. "I think somebody's religion in politics should be unimportant. What should matter is that person's values and what that person has done and will do for the community," said Miller.

He said that he was hopeful of getting support from all parts of the district, and that he has not yet begun raising money. Miller said that he has a good relationship with Hikind, but Hikind's chief of staff is also a candidate for the seat.

Focused On Washington Not so fast, said Yvette Clarke, the daughter of Councilmember Una Clarke, when asked whether she is seeking to assume her mother's position. Rumors have been circulating that the younger Clarke is gearing up for a Council run, but both mother and daughter said that such talk was premature. "We're not looking for the successor for anything," said Councilmember Clarke. "There are folks who think that I have a good possibility or probability (of defeating Rep. Major Owens). The rumor mill runs. There are several people who are angling to run and maybe (the rumor exists) because I've said that none of them have any better qualifications than my daughter."

"I haven't made a decision to be quite honest with you," said Yvette Clarke, the director of business development at the Bronx Overall Development Corporation. "There have been some folks in the community who have reached out to me and shown some encouragement. To that extent, I've given it some consideration, but right now I'm really focused on helping the Councilwoman win her race."

If she does run, she would join a growing list of relatives of elected officials now seeking office. Edward Norman, the brother of Assemblyman Clarence Norman, is running for City Council, and Councilmember Martin Malave Dilan's son, Eric, is rumored to be interested in succeeding his father. Councilmember Noach Dear's wife, Rickly, is considering succeeding her husband, and other rumors have Dear's brother taking a stab.

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