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Subpoenas will soon be flying in the probe of Vito Lopez.
The state Joint Commission on Public Ethics yesterday voted to open a formal investigation into alleged sexual harassment by the Brooklyn assemblyman — a step needed for the panel to send out subpoenas, The Post has learned.
The JCOPE vote — which required the support of at least two Democrats appointed from the Legislature — occurred during a special video conference of the commission, according to a source.
Investigations are considered confidential and JCOPE isn’t even permitted to confirm publicly that a probe is under way.
Lopez, who until last month was the powerful chairman of the Kings County Democratic Party, released a defiant statement saying he won’t relinquish his last bit of political power by resigning from the Assembly.
“In recent days, outside individuals and interest groups have asked me to resign . . . I will not capitulate to those self-serving tactics and demands,” Lopez said yesterday.
It’s unclear if the JCOPE probe will include Assembly Speaker Sheldon Silver’s actions, as well as those of the offices of Attorney General Eric Schneiderman and Comptroller Thomas DiNapoli, both of which assisted with the tax-funded settlement with Lopez’s accusers.
A lawyer for two women who claimed they were sexually harassed by Lopez said she’s eager to work with the panel.
“Once we are served, we anticipate providing the commission with our full cooperation,” attorney Gloria Allred, who represented ex-Lopez aides Leah Hebert and Rita Pasarell, said from the Democratic National Convention, where she is a California delegate.
JCOPE’s ethics probe comes as a separate criminal investigation into Lopez is under way, headed by Staten Island DA Dan Donovan, who was appointed as a special prosecutor.
Meanwhile, more political foes and former allies piled on, calling on Lopez to resign his seat.
Silver, who’s leading the New York delegation at the convention, said his staff is exploring legal options for forcing out Lopez, who is running unopposed for re-election in the Democratic primary.
Delegates at the convention said they’re relieved that Silver called for Lopez to resign in a phone call Friday to the Brooklyn lawmaker. Sen. Charles Schumer said he was satisfied that Silver “quickly moved to correct” mishaps to improve the handling of future harassment cases.
“He should have done that a week ago,” a source said of Silver.
And Schumer supported Silver’s effort to get Lopez to step down. “I asked the speaker to find a way to get rid of him. He should not be in office,” Schumer said of Lopez.
Silver’s team is studying the state Senate’s proceedings against disgraced former Sen. Hiram Monserrate, who was convicted of misdemeanor assault against his girlfriend.
Meanwhile, Councilman Lew Fidler took to his Facebook page last night to praise Lopez while revealing details of a recent health scare.
Fidler wrote that in July, he was “diagnosed with a fatal disease” and Lopez set up a meeting with “the top leukemia specialist at Sloan-Kettering.”
“Please know that I am grateful to Vito for this and that we should never judge someone as all good or all bad.”
Fidler said the doctors told him he’d originally been misdiagnosed, but needs dialysis to treat a chronic kidney condition.
Additional reporting by Erik Kriss in Albany, and Sally Goldenberg and Lorena Mongelli in NY