Thursday, April 16, 2009

The Great Recession: A Stimulus to Get Our City Back to “Bidness?”

Listening to a report tonight on NPR’s All Things Considered about how the federal stimulus bill was affecting the construction industry we heard the following:
With private capital all but dried up many contractors who normally work on private construction projects are now bidding on the public sector jobs funded by the stimulus. One benefit of so many contractors seeking the work is that bids for stimulus construction projects are coming in below expectations, meaning that there may be more money available to fund more projects later on.
(Listen to: The Stimulus Bill And Construction, by David Schaper: at 2:30)

We have also heard Forest City Ratner’s explanation for why it is stopping work on its Beekman project near City Hall: That it wants to similarly take advantage of the current economic climate by rebidding the construction work “with contractors eager for work.” (See: Monday, March 30, 2009, Forest City Enterprises announces losses, asserts that AY arena is one of only two new projects to launch in 2009.) (We suspect that something else is actually preventing the Beekman from proceeding at this time. . . Might it not have to do with the way Forest City Ratner’s financials and credit rating are tubing, added to the way that NYC commercial real estate assets like the Beekman are not underwriting the way they did nine months ago?)

So state and local governments everywhere else are saving significant money on public sector work by getting bids during this economic downturn, and Forest City Ratner claims it is similarly going to reduce costs for itself through the lower bids they can get during the economic downturn. . . Who isn’t invited to the party to get the benefits of such bidding? The New York taxpayers who are expected to shoulder the unbelievably huge subsidies (more than $2.1 billion) being given to Forest City Ratner, without bid, for its proposed Atlantic Yards project! That is because, our politicians gave Ratner (without any bid) a multi-decade monopoly on a 22-acre site which, in theory, precludes competition for perhaps 40 years.

Are our politicians really telling us with straight faces that they have made a deal with Ratner that precludes any competition for however many decades it takes his company to complete Atlantic Yards? Are they saying that the public can’t even give project work to competing developers if Ratner dawdles for decades, goes bankrupt or reneges on what was once promised for delivery?

We have always advocated that development on the scale of Atlantic Yards should be done the way that other large developments are and should be done, using the same model as Battery Park City and Queens West: The project should be bid out, as ready, in multiple parcels to developers who actually commit themselves to specified results in the near term. If our advice were being followed some development in the area might be complete by now. More important, however, nobody would be arguing that whatever development wasn’t already underway couldn’t be bid out to take advantage of the substantial savings the public could now be achieving.

Noting A Good Day for Us


This is just to note that it is a good day for us.

(FYI: The “bigger” guy in glasses is Bruce Ratner.)

Wednesday, April 15, 2009

Permission to Speak Frankly: How We Know More and Less From Breakfast Interviews With Marisa Lago


Last week Empire State Development Corporation CEO Marisa Lago was the interviewee in the “on the record” part of the "On/Off the Record" breakfast sponsored by City Hall News. A fraction more light can now be shed on that interview given Ms. Lago’s participation in another breakfast this week and her on-the-record, answers, previously unavailable to all the general public, to questions we asked about Atlantic Yards.

The subject of last week’s City Hall News breakfast interview was economic development in general. Atlantic Yards provided a large part of the morning’s fare, City Hall News interviewer Edward-Isaac Dovere conscientiously bringing it a number of times amongst a short list of the most important big projects for which the state, through Ms. Lago and ESDC, is responsible. All of those big projects may be considered troubled as we will touch upon here.

Atlantic Yards Report has already covered the key revelation (of the “obvious”) of last week’s breakfast interview: Atlantic Yards is going to take far longer than previously averred by the state in court proceedings and far longer than the public was told or has otherwise been officially acknowledged. Based on what Ms. Lago said, Atlantic Yards isn’t going to take 10 years as previously planned: It is going to take “decades” (See: Thursday, April 09, 2009, ESDC CEO Lago admits the obvious: Atlantic Yards would take “decades”.)

You should definitely read Norman Oder’s Atlantic Yards Report piece on the morning interview especially for how it parses out the inconsistency of Ms. Lago’s “revelation” with prior information ESDC supplied to the public. That information was also used to create the misleading court record based upon which ESDC litigated. Other things occurred during the morning that we think supply insight into the public agency’s economic development process. We would like to let you know about these this as best we can. We say “as best we can” because we are hampered in telling you what you certainly ought to know by the peculiar format of the breakfast interview: Only some of the morning’s event, the interview by Mr. Dovere and Ms. Lago’s response were on the record. Unfortunately, what impedes us is that the publicly attended question and answer session that followed the interview was “off the record.”

We are going to respect the breakfast’s “off the record” rules, but we don’t agree that they are a good thing. In fact, we think they are representative of something exceedingly bad for society, the idea, that there can be concentric circles of access to public officials, and that depending upon how far “in” you are, what club you can be a member of, you will get to know a respectively greater portion of the “truth” that our public officials know and can relate when they speak with greater candor.

Have you ever suspected that within the most inner circles our public officials and those close to them speak absolutely frankly about Atlantic Yards, including acknowledging that it is a "wired deal" being done, not because it benefits the public but because the political fix is in, that it is a burlesque of counterfeit process structured to give Mr. Bruce Ratner a special deal based on relationships and political contributions? Do you wonder whether the multi-decade time line for Atlantic Yards referred to as previously “obvious” by Norman Oder has long been a subject of frank discussion in inner circles long before it was officially disclosed by Ms. Lago? Is that why the official documents signed by public agencies long ago actually accommodate this multi-decade developer monopoly? Don’t bother to wonder.

By that same token, there were perhaps 50 people at the City Hall news breakfast, including bank tellers and officers at the TD Bank (317 Madison Avenue, corner of Madison and 42nd Street) which played host to the event. Those individuals will know a lot more about what Ms. Lago said when speaking (somewhat) more frankly about development of our city than those of you who were not present. You will know less because we are going to respect the rules and not report anything that was “off the record” that morning.

We will, however, tell you more of what you should know that was actually on the record. We also figured out how to inform you about at least some of what you ought to know that was off the record: We are putting on the record our Noticing New York Atlantic Yards question that we orally put to Ms. Lago the morning of the breakfast and later resubmitted to the ESDC press office in writing for the on the record response she has now supplied.

Also at the breakfast were City Council candidate Josh Skaller (City Council District 39) who had an Atlantic Yards question of his own (more on this coming up) and New York State Senator Bill Perkins, who has held hearings about eminent domain abuse (a sore Atlantic Yard subject) and will be asking his own set of questions about Atlantic Yards at hearings he will be having on the project. (See: Tuesday, April 14, 2009,Questions for Sen. Perkins: Why did ESDC punt to the city's DOT on the Carlton Avenue Bridge.)


(Image of Mr. Skaller from Only The Blog Knows Brooklyn.)

How Many Decades of Blight is ESDC Assisting Atlantic Yards Developer Forest City to Create?

First, let us return to the subject already covered by Atlantic Yards Report. How long has Ms. Lago admitted that Atlantic yards will take? How many “DECADES” will it be?

Norman Oder’s strictly construed analysis is that Ms. Lagos’s admission that it will be “decades” (plural) means that Atlantic yards will take at least 20 years. We think however that the fair import of Ms Lago’s remarks is that Atlantic Yards is likely to take the better part of three or four decades, or perhaps even longer. It is especially troubling to us that for what is likely to be the better part of a half century, ESDC will be giving an extended development monopoly over more than 30 acres to BYOB (“Bring Your Own Blight”) developer/subsidy collector Forest City Ratner.

Ms. Lago when describing how long Atlantic Yards would take said it was “similar” in “scale” to “Roosevelt Island, a project that has grown over decades, 42nd Street, a project that has grown over the past 25 years.” (Emphasis supplied.) More specifically, Roosevelt Island got underway at the beginning of the ‘70s and the UDC lease that initiated things was signed in 1969. The project is not yet finished so it is already at least a four decade project. Times Square, as noted, has taken at least 25 years. (BTW: The fact that eminent domain is still being used for Times Square redevelopment at this late date to favor certain developer’s acquisitions raises troubling policy questions.)

Here is what Ms. Lago said at last week’s breakfast:

Mr. Dovere: Let’s finish, in terms of talking about projects, with talking about everybody’s favorite, the Atlantic Yards which doesn’t seem to be one that generates a lot of answers all the time.

Ms Lago: Obviously, challenging project again. Projects conceived in a different time and in a different economy - But, a few things: One, the focus now is very much on moving forward with the Nets stadium and with the housing that is on that first block, the first phase of the project. Attenuated time lines, I think, are a reality for private sector and for public sector projects. There is nothing wrong with that. We look at the history of the transformational projects that have occurred in the city. Earlier I was discussing with some of the folks here, Roosevelt Island, a project that has grown over decades, 42nd Street, a project that has grown over the past 25 years and the scale of the scale of the Atlantic Yards is similar in that it is remaking, it is reknitting a portion of the city. So, as I said, focus on what can get done now in the current climate, what is financable now. And also recognizing that it is a project that is scheduled to grow out over multi-years, decades, not over months.
What Is the Proper Way for the State to Foster Economic Development? A “New Realism!”

In predicting a multi-decade time frame for Atlantic Yards Ms. Lago may have been incorporating some of her thinking, expressed just moments before, about the development of Moynihan Station. She said there was a “new realism of saying that plans that had been conceived in frothier times when there was an expectation that millions of square feet of new office towers could crop up, were unlikely to occur.”

The other thing we noted when she was talking about this “new realism” is that Ms. Lago seems to be adopting our Noticing New York thinking about how Moynihan Station should be developed. We think that the government should do what it does best, infrastructure, and that the Bloomberg administration has wasted its years in office on this project by virtue of being distracted by an unnecessary effort to create “public/private partnerships” which in the end surrenders too much control and responsibility to developers. Ms. Lago therefore sounded rather like us when she said (emphasis supplied):

And so it is a back to the basics and a focus on ongoing discussions with Port, ESDC, the city, the various parties in interest, about focusing on the transportation facets. We know that Senator Schumer has been very helpful in advocating for a focus on stimulus funding. That’s the type of project that is going to take years, will provide jobs along the way and doesn’t in any way foreclose, I think quite the opposite, sets the stage for private sector development down the road. It won’t happen in the first phase, but by having an enhanced transportation infrastructure it will be the catalyst for rebirth of the far west side.
That seems to comport with what we have been saying. Here is part of a longer analysis of the problem previously provided by Noticing New York (and, yes, we believe our longer analysis is worth referring to):

. . . . If you are not building a new train station but negotiating to buy and redesign a whole neighborhood with the goal of putting private developer profit in your pocket, you are talking a whole different time frame and the lead winds up being taken by entities whose eye is on a different ball. Developers were focusing on building towers where Madison Square Garden is and enacting laws to transfer development rights to adjacent properties they owned or were trying to buy.
(See: Monday, February 23, 2009, Un-funny Valentines Arriving Late: Your Community Interests at Heart.)

The fact of the matter is, development has a way of happening on it own as Seth Pinsky, President of the New York City Economic Development Corporation, recently admitted at another City Hall News "On/Off the Record" breakfast session. (See: Thursday, April 09, 2009, NYC EDC head on recent past: "We’ve been much more the 'Real Estate Development Corporation'".) Mr. Pinsky’s admission: “What occurred to me was that, really, for much of the last several years, even though we call ourselves the Economic Development Corporation . . . the economy has been growing on its own without much need for the city’s interference.” We might add to “without much need for the city’s interference” the following which naturally goes along: Without any need for special multi-billion subsidy deals for specially handpicked developer friends of the mayor and other politicians.

If the city does development the right way and invests in infrastructure such as transit (Moynihan Station included), it can expect development, as Ms. Lago was admitting, to follow. To paraphrase urban planner Alex Garvin, `development-oriented transit’ is preferable to that which the Bloomberg administration is doing too much of: `transit-oriented development’ (e.g. Atlantic Yards). For instance, city investment to put light rail, bike lanes and trees along 21st Street in Astoria as Mr. Garvin recommends (going west to the East River to create a new “public realm”) would, Mr. Garvin predicts, create tremendous amounts of new housing and the community would NOT be opposed to the investment. (See: Tuesday, July 22, 2008, At MCNY panel, defending dissent and promoting the better way to develop (not like Atlantic Yards).) Garvin’s “back to basics” prescription in this regard is “spend more money on the public realm.” (See: Monday, November 03, 2008, Overdevelopment, zoning, and the public realm (and AY).)

(Here, for reference, is the extended version of Ms. Lago’s statements at the breakfast:

Moynihan Station, as I am sure you know, the Governor, this past summer before I joined, was looking to the Port Authority to take this forward. I think, again that was part of the new realism of saying that plans that had been conceived in frothier times when there was an expectation that millions of square feet of new office towers could crop up, were unlikely to occur. Why? Because the market is telling us that there isn’t the demand, there isn’t the private sector financing. And so it is a back to the basics and a focus on ongoing discussions with Port, ESDC, the city, the various parties in interest, about focusing on the transportation facets. We know that Senator Schumer has been very helpful in advocating for a focus on stimulus funding. That’s the type of project that is going to take years, will provide jobs along the way and doesn’t in any way foreclose, I think quite the opposite, sets the stage for private sector development down the road. It won’t happen in the first phase, but by having an enhanced transportation infrastructure it will be the catalyst for rebirth of the far west side.)
Struggling to Get a Few Questions and Answers about Atlantic Yards on the Record

As noted, the Q&A session was “off the record” but since we think it is important for the public to know what was said about Atlantic Yards, here is our solution for partially informing you. We can tell you on the record what our question to Ms. Lago was. Also, because we conferred with City Council candidate Josh Skaller, we can tell you for the record the question he asked Ms. Lago about Atlantic Yards. While we can’t tell you what Ms. Lago’s answers were at the breakfast and we don’t even think we can tell you whether our questions were, in fact answered, Noticing New York submitted these questions to Ms. Lago for on the record responses which we got. Originally, ESDC was not willing to answer Mr. Skaller’s question if it was submitted through us, but when we said that we would adopt it for submission as a second question of our own we were able to get an answer. Mr. Skaller is also obtaining an answer to his question directly.

Noticing New York’s Question to Ms. Lago About Atlantic Yards

We asked Ms. Lago the following.

We have seen with the Wall Street crisis that the lack of transparency and proper valuation has led to “toxic assets” being held by a swath of financial institutions across the economy. Doing finance, I think you are in a culturally linked area. When I was doing the kind of work that you are doing I used to think that if you couldn’t find a worthwhile project it was time to stop providing subsidies and maybe take away an agency’s programs and powers. In that vein how do you justify a developer-driven, -initiated and -designed project like Atlantic Yards, where ESDC has admitted that it never weighed the public benefit as opposed to the private benefit that was designed into that project by the developer. I think that is contrary to what you said you were calling for in the Empire Zone program where you said that you were analyzing actual benefit.
That was the question we asked orally. In our written follow-up we were able elucidate our reference to Ms. Lago’s earlier remarks at the breakfast about the Empire Zone program (emphasis supplied):

Regarding my question, Ms. Lago will remember that, when speaking of the Empire Zone program, she talked about the importance of evaluating what is funded in the program for delivery of actual benefit, saying that ESDC currently has in the program some businesses that don’t even return a dollar’s worth of benefit for each tax dollar of tax break which is given to them. She explained that this had come about when the program morphed over the years and its focus was lost so that accountable measures of benefit were also lost. She said that was not a sustainable approach and that reform of the program was to include evaluating firms for removal from the program.
(We take it that our readers will perceive by analogy that public agencies really and truly do drift off course for political or other reasons so that they wind up being involved in delivering projects with little or no benefit or project which are actually deleterious to the public good like Atlantic Yards.)

We have received Ms. Lago’s written response to our question from ESDC. Here it is:

Although AY is a developer initiated project - we have carefully reviewed the expected impact of the project and the expected benefits to be generated from the project - in terms of jobs, fiscal benefits, the production of affordable housing and the removal of blight. We think this is a good deal for the City and State - especially now.
We don’t think we are allowed to tell you whether this response is as satisfactory as the answer we either did, or did not, receive at the breakfast, or whether it was the same or even similar. Only the 50 members of the public who were at the breakfast will have the privilege of evaluating that. We will point out however that we disagree with the on the record assessment that the project is, or ever was, “a good deal for the City and State.” That is partly because we don’t think the project delivers any real benefit and it is also because we have years of experience as a public official negotiating public benefit. As a negotiator experienced in this field we think that it is impossible for ESDC to say that it is a “good deal” given that ESDC has admitted in court that it never weighed the public benefit as opposed to the private benefit that was designed into that project by the developer even though the project was developer driven, initiated and designed. (See: Thursday, March 5, 2009, Missing a Leg To Stand On: ESDC Didn’t Consider Developer Profit, the Main Thing Atlantic Yards is About.)

(Here for consideration and comparison, here is Ms. Lago speaking more frankly at the breakfast about the Empire Zone Program, another ESDC program for which she is responsible, that sometimes fails to create value:

ML: A second is the Empire Zone program. This is program which has been much maligned for years, and we were fortunate in this legislative session to put in place a couple of very significant reforms to the program. One is a requirement that new businesses entering the program produce $20 dollars of benefit. And what is benefit? It’s the wages that are paid and it’s the capital investment that businesses make for every dollar of tax credit. And in a particularly deft move, a wise move, there is a recognition that manufacturing jobs are key jobs for the state and so for manufacturing firms the ratio for benefit to the state was10 to 1. Now the program sunsets in a year and that, I think, poses an opportunity, a challenge and an opportunity, which is working with the business community to design a program, the economic development strategy of a program, that will replace the Empire Zone program.
Asked to explain the arcane program and the hoped for effect Ms. Lago continued.

ML: The Empire Zone program started out in the ‘80s as an attempt to put together a very rich package of tax benefits for a small handful of extremely economically depressed communities throughout the state. So the notion that the state would have a tool to attract jobs to those areas that were the most intractable. It has ballooned over the years. There are now 85 zones. There are 9000 companies in these zones and as the program morphed over the years the focus on the most economically distressed areas was lost and the measure, the accountability of what was the state getting in return was also lost. We currently have in the program some businesses that don’t even return a dollar’s worth of benefit for each tax dollar of tax break which is given to them. That is just not a sustainable approach. And that was one of the reforms, that those firms will be evaluated for removal from the program. Now, currently, the Empire Zone program costs over $500 million a year. It’s a half a billion program. It has become quite untargeted: 85 zones, 9000 firms. I think it’s incumbent on us to step back and say if we are to design a successful program what are the strategic industries that we want to focus on and also get back to the roots of particular areas- what are the economically distressed areas that we want to target. We know that it’s a useful attraction tool for companies that are thinking of coming to the state, or unfortunately, when a company is thinking of relocating out of state. But it does need to be more far more focused, I think we can employ the $500 million more effectively.)
The Question From City Council Candidate Josh Skaller “Adopted”by Noticing New York As Its Own

Candidate Josh Skaller’s question was:

Given delays in construction and the difficulty they are going to have actually to bring the Atlantic Yards project about and given the amount of money being spent on Atlantic Yards, couldn’t that money be better spent on other smaller projects, such a smaller local jobs? Especially given the need for direct job stimulation in New York?
Ms. Lago’s on the record response to this question is:

We expect that the AY project will generate a substantial number of construction jobs - commencing in 2010 - as well as permanent jobs once the arena and project get built out.
The response while vague actually provides some real news: The project won’t commence until 2010. Notwithstanding the ever-receding commencement dates that have been officially offered heretofore, that’s a later date than anyone has previously talked about.

Some Other Questions We have For Ms. Lago

As can be noted from Ms. Lago’s on the record response to our question, “the expected benefits to be generated from the project” include “the removal of blight.” Based on a chat we had with Ms. Lago after the breakfast’s Q&A concluded we also asked ESDC press office for more information as to Ms. Lago's impression, based on her personal experience, that there is blight in the neighborhood around Atlantic Yards. In answer to this, we have so far been informed that Ms. Lago likes to bicycle in Brooklyn. This limited answer does not fully cover what Ms. Lago told us about how she formed her personal experience-based impression that there is blight in the neighborhood. We want to know when her personal impressions were formed and we are waiting for more information about this. Also, what particular areas were involved in contributing to Ms. Lagos’ personal impression?

Another Week, Another Breakfast With Ms Lago

This week, as noted, there was another breakfast where Ms. Lago discussed development and Atlantic Yards. The breakfast featured the heads of the State and City development agencies, Ms. Lago and Robert Leiber, respectively.

We weren’t able to attend, but we heard about it through WYNC reporter Matthew Schuerman. He wrote about it and was interviewed about it on Brian Lehrer immediately afterward. (See: WNYC News Blog, Projects Whose Names None Dare Speak, by Matthew Schuerman, April 14, 2009, and listen to The Brian Lehrer Show / April 14, 2009 / 2,000 and Counting, Tuesday, April 14, 2009.)

A lot of the same ground was covered as the previous week with the same projects being mentioned. There were, however, some slight, but critical variations.

Atlantic Yards, (et al), “Not Dead yet. . Far From Dead. . . Supposed to take Lots of Time. . Plenty of Years to Go”

Has ESDC known all along that Atlantic Yards was going to take decades (as we suspect), longer than they were previously telling the public and longer than they were telling the courts in the litigation? If what Mr. Schuerman said on the Brian Lehrer show was true, then Ms. Lago was at this week’s breakfast transmuting her earlier “revelation” of a longer Atlantic Yards time table into something that, in fact, has been known for some time whether or not the public and courts were fairly put on notice: Speaking about Atlantic Yards and some other big projects “They were supposed to take lots of time to build and we still have plenty of years to go.”

Here is the whole of what Mr. Schuerman said on Brian Lehrer (at 7:55), saying that the two economic development heads were:

“basically assuring the New York Building Congress, a construction industry group here in New York City, that all these projects you hear that are on the rocks, Atlantic Yards, West Side Railyards, Willets Point: They’re not dead yet, in fact, they’re far from dead. They were supposed to take lots of time to build and we still have plenty of years to go. And stimulus funding did come up in regards to one maybe dead or maybe not dead project, Moynihan Station, on Manhattan’s West Side. Senator Schumer a while ago said that Amtrak should give $100 million that it has through the stimulus package - and give it to Moynihan Station. And the one bit of news, there wasn’t much this morning, but the one bit of news was Marisa Lago the head of the Empire State Development Corporation, saying that it was unclear whether any part of that project was shovel ready and would actually qualify for stimulus funding.
Mr. Schuerman’s short written account of the breakfast with its provocative headline “Projects Whose Names None Dare Speak” focused more dramatically on the tap dancing the public officials did to avoid mentioning the city’s big projects which are “the public private partnerships”and their big delays, particularly Moynihan Station. Mr. Schuerman wrote:

New York Times reporter Charles Bagli, one of the moderators, got impatient at one point, telling panelists, “I was struck by the fact that so many of the projects–the public private partnerships that dominated the headlines, that dominated the public approval process–were not mentioned or were barely mentioned this morning.”

* * * *

Marisa Lago, of Empire State Development, said Atlantic Yards was “clearly a challenging project in this environment.”
[Sound like a scripted repeat of the earlier breakfast?] She said her agency was focusing on meeting a December 31st deadline to qualify for tax-exempt bonds. [Humm: What about that 2010 start mentioned above?]

On Hudson Yards, Robert Lieber deputy mayor for economic development, said it would be “decades before that is completely built out.” [If that sounds like a scripted repeat of the earlier breakfast, someone else was handed the script!]

Bagli, the reporter, brought up another hibernating project: Moynihan Station–which was first conceived in the early 1990s as a renovation of the Farley Post Office on Eighth Avenue, exploded in scope, and has since returned to smaller, but indeterminate, shape. (Bagli called it the project that “none dare call its name.” . . . .)

Lago, the state economic development chief, threw cold water on Senator Schumer’s idea to convince Amtrak to devote $100 million of its stimulus funding to the station, saying officials had not figured out what part of Moynihan could qualify as “shovel ready.”

There you have it: More than 15 years, and three-and-a-half environmental reviews later, Moynihan Station still isn’t shovel ready.
It doesn’t seem like the projects delayed by Bloombergian “public private partnerships” are getting much appreciation. The aforementioned Charles Bagli of the Times has another article about more delays at the Ground Zero redevelopment site (As Finance Offices Empty, Developers Rethink Ground Zero, April 15, 2009).

Speculation about Inspector Generals Investigating Projects Like Atlantic Yards If They Get Stimulus Money

Does is seem as if all this dancing around, failure and lack of frankness on the part of public officials doesn’t stand up to scrutiny? There may be more scrutiny coming. Among other things, the same Brian Lehrer program (with a different moderator standing in for Lehrer) concluded (at 16:25) with an interesting prediction of investigative journalism headlines in this area (if there are still newspapers around 18 to 24 months from now.):

Moderator: This calls into question, Rick Newman, the issue that I put off earlier which is transparency, which obviously has a lot of people concerned, where is this money going, how is it being spent, who’s accountable? What are you seeing now, on a national level to make sure that this process does unfold in a fair and equitable way?

Rick Newman: We’ve seen very little oversight so far because there’s just not enough information yet. But here is a prediction: In a year or eighteen months, I think, (if there are any newspapers left) we’re going to see some very interesting investigative headlines about portions of stimulus money being used for illicit purposes and for pet projects at the state and local level. And here’s why: I think that in Washington there is a great deal of oversight. You know, it’s practically a cottage industry; you’ve got the Government Accounting Office, you’ve got all these subcommittees in Congress, inspector generals in every department of the federal government - - Not so much at the state and local level where oversight tends to be more lax and, you know this is kind of a feeding frenzy - - And I think the Obama administration knows that. And I think they are trying to find the right balance between flushing money into the system which is one way, one of several ways, to help get the economy started and getting it out throughout the country, which you have to do, and getting it out quickly. And I think they are kind of making a deal with the devil by accepting what is some inevitable waste, fraud and abuse. So by the time we start to hear about this in eighteen months or two years, if we are lucky the economy will be back on its feet, and Obama is probably gambling that he will be able to say, “Hey look, we kick-started, we jump-started the economy, we will look into this, prosecute it if necessary but things are going good.” We’ll see what happens. It’s going to be interesting because if that time line plays out that will be right around the time of the 2010 elections.
Mr. Newman’s prediction reminds us of what we wrote about how multiple inspector generals might be actively investigating Atlantic Yards if stimulus money is ever used for it:

It is interesting when just one office like a State inspector General’s Office has jurisdiction to look into improprieties. They may ignore them or choose to be lethargically inactive. What may raise interest sufficient to get an investigation rolling under one state administration may differ from another administration, and vice versa. We have noticed, however, that the dynamic often changes significantly when at least two such offices share jurisdiction over a matter: Casual disregard of a matter’s significance recedes as an option and competition can take hold. We certainly don’t ever want to see Atlantic Yards put on a list of projects to potentially receive federal stimulus money. But if that were ever to happen, a shift in the dynamic of who wants to investigate what and when and with how much vigor could cause things to become very interesting.
(See: Thursday, February 26, 2009, Dear Eliot, . . . other things kept undercover may bear investigation.)

Earlier on we spoke of our disquiet with the idea of surrounding our public officials with concentric circles of access, with those being closer in having access to greater candor about what is going on with the development process in this city. We find objectionable the idea that as you go further and further into these circles, more “truth” is available and that it’s not until you have accessed the innermost concentric ring that real truth is available. Unfortunately, the reason we think that there is no candor is because the truth would be so objectionable to the public if revealed. That makes the prospect that the truth might come out through a future inspector general’s investigation exceedingly interesting.

Sunday, April 12, 2009

Bloomberg Update: Fire and Ice (Part II)


This is Part II of an article (click here for Part I) consolidating recent updates about Mayor Michael Bloomberg’s abuse of his increased wealth and contributions to charities for political purposes and how the campaign for mayor is therefore progressing.

We left off in Part I describing Mr. Bloomberg campaign to remind nonprofits of the ways in which they may be beholden to him, describes how Bloomberg is vastly outspending opponents and his unchecked dedication to eliminating opponents and we also noted how updates respecting Mr. Bloomberg’s wealth that seem to have gone unnoticed by the press.

In Part II we will be providing updates about conflicts of interest and qui pro quo-ing concerns with respect to the Bloomberg administration and prices everyone should be concerned that the city will have to pay.

Update on Bloomberg’s Qui Pro Quo-ing: Bloomberg Turns to Blagojevich's Ex-Deputy

As we have written before, Bloomberg has always employed his vast PR resources to perpetuate the manufactured myth of his munificence, the idea that he is not interested in the staggering wealth he keeps accreting from the private business in which he still participates while being mayor and that he is not interested in power. In fact, he seems more than a little preoccupied with both and that gives rise to substantial concerns about the kind of qui pro quo-ing in which he uses his vast resources to engage. For more background on this we refer you again to our comprehensive earlier article: The Good News IS the Bad News: Thanks A lot for Mayor Bloomberg’s “Charity.” (Monday, February 2, 2009). For something shorter and more focused see: Are the Atlantic Yards Land Grab and City Official Fraud Being Used to Finance Bloomberg’s Bid for Billionaire Term Limit Exceptionalism? (Wednesday, October 22, 2008).

For the most recent update on how hot and heavy the quid pro quo concerns are with respect to the Bloomberg administration consider this. Wayne Barrett came out with an important new Village Voice article in March relating to concerns about politicians that quid pro quo. (See: Bloomberg Turns Over His Next Campaign to Blagojevich's Ex-Deputy, by Wayne Barrett, March 10th 2009.)

In December Mike Bloomberg named Bradley Tusk to run his re-election campaign. Tusk's main credentials were four years as indicted Illinois Governor Ron Blagojevich's top aide. Bloomberg has guts because at the time Tusk was hired word was already out about Blagojevich: Barrett points out Blagojevich “had been arrested just three days earlier.”

Who is Bradley Tusk? According to Barrett:

The Chicago Sun-Times compared Tusk to Karl Rove, the Tribune called him "the center of gravity," Crain's said he was "as inside as you can get," and Republican State Senator Kirk Dillard called him a "junkyard dog protector of the governor" with "immense power and influence."
What kind of things did Bradley Tusk do for Blagojevich?

. . . . the Voice has obtained a copy of his June 22, 2006, interview with the state's Auditor General, William Holland, which establishes his culpability for a flu vaccine program that the state itself conceded, when sued by an unpaid vendor, was illegal.

* * * *
. . . the impeachment report formally charged Blagojevich with running two Tusk-conceived-and-directed programs—the flu vaccine and the importation of Canadian drugs—that "violated" numerous federal and state laws and, in the case of the importation effort, "exposed" participants "to federal criminal sanctions." The report names Tusk, concluding that the vaccine program, which it said was executed in "utter disregard" of the law, "implicates the highest-ranking officials in the Governor's Office, including the Deputy Governor."
Apparently subpoenaing Tusk winds up being critically intertwined with, and important to, ongoing investigations, both the one being conducted by U.S. Attorney Patrick Fitzgerald and the impeachment inquiry. This is not because Tusk is offering help to the investigation.

One certainly would like to hope (how credibly?) that Blagojevich-style government can be kept from happening here in New York and one would like to hope that Bloomberg’s hiring of Tusk is not an attempt to graft refinements of the Chicago/Illinois style on top of our already questionable New York ways. The New York Times recent front page story about the Blagojevich Indictment makes clear how much qui pro quo-ing was going on in the Blagojevich administration. (See: Blagojevich Indictment Lays Out ‘Enterprise’ of Corruption ...Print Headline: Blagojevich Indictment Lays Out Broad ‘Enterprise’ of Corruption, By Monica Davey and Susan Saulny, April 2, 2009.)

Rod R. Blagojevich, the ousted governor of Illinois, used his chance to fill the Senate seat vacated by Barack Obama as one more money-making plan in a vast racketeering scheme, federal prosecutors said Thursday, an operation they portrayed as the “Blagojevich Enterprise.”

In a 19-count indictment, prosecutors said the “primary purpose of the Blagojevich Enterprise was to exercise and preserve power over the government of the State of Illinois for the financial and political benefit of” Mr. Blagojevich, his family and his friends.

* * * *

The indictment lays out a broad pattern of corruption spanning from before Mr. Blagojevich was elected governor in 2002 to the day of his arrest, Dec. 9. He used his official position, the indictment suggested, to seek financial gain in nearly every element of government work, from picking members of state commissions to signing legislation.

Mr. Blagojevich sought a return on deals to give money to a hospital, to approve legislation helpful to racetrack owners, to pick a particular candidate to fill the Senate seat and, according to the indictment, from a United States representative who was pressing for a $2 million grant for a publicly supported school.
And the Times described how dispensation of government benefit was used to leverage political support. In 2006 when then Congressman Rahm Emanuel:

. . . was making inquiries about the status of state grant money intended for the school, Mr. Blagojevich sent a message that a brother of the representative (apparently, officials said, Ari Emanuel, an agent in Hollywood) needed to have a fund-raiser for Mr. Blagojevich, the indictment says. Mr. Blagojevich told an employee not to release the grant money, already in the state’s budget, until the governor gave further notice. According to the indictment, the fund-raiser never occurred.
Barrett’s story reports denials by the Bloomberg administration that Tusk was involved in the activities for which Blagojevich was indicted though the denials preceded release to the public of important information which, in retrospect, make one wonder even more. By contrast, Barrett provides a detailed and intricate account of Tusk’s apparent involvement in such Blagojevich interactions, including situations where Tusk, on behalf of Blagojevich, was interacting with the Bloomberg administration, including on the aforementioned flu vaccine matter and public awards of corporate sponsorships to beverage companies. (Bloomberg’s contract with Snapple gets an interesting, if possibly innocuous, passing mention.) Clearly the public was short-changed by Blagojevich. We must refer you to the Barrett article to make up your own mind on the full extent of Mr. Tusk’s involvement.

BTW: The Times has reported very little about Mr. Tusk. It will be interesting to see if it continues to ignore the Tusk story. But the Times has reported that Tusk and Deputy Mayor Patricia Harris are apparently hanging out together. (See: March 30, 2009, Odds and Ends From a Weekend on the Trail, by Michael Barbaro.)

For an interesting take on what the Blagojevich and Bloomberg administrations have in common in terms of manipulating media and editorial coverage by exercising control through the owners of city newspapers, we refer to an interesting Atlantic Yards Report article (Wednesday, December 10, 2008, The Illinois governor pressured the Chicago Tribune; in New York, the mayor & Ratner have had much less trouble). That article incorporates some other choice quotes from an earlier Wayne Barrett article on Bloomberg. Coincidently, Blagojevich, like Bloomberg, also had a Chief of Staff by the last name of “Harris.” You can read about the dirty work this other Harris was assigned to do when (Blagojevich’s) Harris was directed to tell the Chicago Tribune owner and a Chicago Tribune representative that state financial assistance would be withheld unless members of the Chicago Tribune’s editorial board were fired, with the goal being for Blagojevich to get “editorial support” he was after. The Blagojevich instructions to be conveyed through Harris:

. . . fire all those [expletive] people, get ‘em the [expletive] out of there and get us some editorial support.
Gosh and Golly! A Bloomberg Administration Ethics Scandal: Why Does It Matter?

Having previously covered at length the serious large-scale conflicts of interest directly involving the mayor and his very top aides, we thought it was interesting when, just recently, the press covered a new Bloomberg administration ethics scandal involving New York City Finance Commissioner Martha E. Stark. Keeping things in perspective, Ms. Stark is, relatively speaking, a much lower level Bloomberg administration official. The story, involving a relatively small amount of money was also, by comparison, a small potatoes story.

Commissioner Stark got attention and had to resign from the board of a national real estate company because of the conflict of interest it presented. The conflict of interest was coyly referred to as a “distraction” by Ms. Stark. (See: City Finance Official Resigns Seat on a Developer’s Board, Citing Publicity, by Ralph Blumenthal and Jo Craven McGinty, March 15, 2009.)

Ms. Stark, whose annual salary is $190,000, was “paid her fees by the firm totaling more than $134,000 in 2006 and 2007.” According to the Times, Stark was on the board of the Tarragon Corporation and said:

. . . she had obtained official approval to serve as a director of the Tarragon Corporation, a publicly traded company with nearly 15,000 condominiums and town houses planned or under construction around the country, although none in New York City. But Mayor Michael R. Bloomberg said he first learned of the arrangement this weekend, when it was reported by The New York Post, and questioned whether his administration was appropriately informed.
Ms. Stark issued a written statement:

. . . announcing her resignation from the board: “Although it was cleared by the city’s Law Department and the Conflict of Interest Board prior to my agreeing to serve as a board member for Tarragon Corporation, and all income was fully and accurately reported to the appropriate oversight agencies, I do not want this issue to become a distraction from the work we do at the Department of Finance.”
Admittedly, being paid more than your public salary by a private company has its disquieting aspects and the story indicates that Ms Stark obtained her approval from the city Law Department with some information that did not, in fact, pan out to be exactly true: She informed the Law Department she would be partaking in “three or four meetings a year” rather than what turned out to be perhaps sixteen.

We have to wonder at the way that Ms. Stark was being made an example by an administration where far more serious conflicts of interests exist right at the top with the mayor. Ms. Stark apparently never had an actual conflict of interest and was never put to the test with a situation where she might have needed to recuse herself. If you refer to our prior article, Bloomberg has been presented with situations where he knew he was supposed to recuse himself and didn’t. In those situations the sums of money in play were truly appreciable and worthy of press attention.
In the case of Ms. Stark it was a question of receiving $134,000 for being one member on the board of a company that reportedly didn’t do business with the city. In the case of Mayor Bloomberg it is a question of owning and being involved in the operations of a company that has increased his personal wealth while mayor from perhaps $2 to $20 billion. As the Times put it, that company transacts business with “virtually every major financial institution in the city.” (The Roles Blur for the Mayor and the Mogul, By Serge F. Kovaleski and Ray Rivera, December 8, 2007.)

Ms. Stark, who was once proposed as a candidate for State Comptroller by Governor Spitzer has, however, been involved in other situations where her conduct has been questioned. In one case it was a question of what she let a top aide get away with and several thousand dollars were in issue. In another, concerning Yankee Stadium, it was a question of what she was enlisted to do at the probable behest of the mayor; involving multiple millions of dollars of benefit handed out by the Bloomberg administration.

We’ll start with the small stuff: Days after the story of Ms. Stark having to resign from the board of the real estate company, information surfaced that city investigators had warned Ms. Stark that the husband of her first deputy commissioner had, as a senior parking ticket judge, falsely billed “for office hours when he was not present.” (See: Parking Judge to Be Reassigned After Conflict-of-Interest Allegation, by Ralph Blumenthal and Jo Craven McGinty, March 17, 2009.) In essence, the parking judge was being supervised by his senior official wife.

Of all Ms. Stark’s conduct, the most significant questionable and perhaps illegal conduct involves something else: her participation in apparently manipulating an inflated real property assessment to support the issuance of tax-exempt bonds for Yankee Stadium. Ironically, this has received less coverage. For thorough coverage see Atlantic Yards Report. (Thursday, March 19, 2009, Under fire, Finance Commissioner Stark gives up moonlighting job; won't talk about conflict-of-interest situation and Saturday, October 25, 2008, Testy Kucinich presses city officials on “gaming” Yankee Stadium assessment; big disagreement over “smoking gun”.) See also our own: Does Questionable Assertion of Attorney-client Privilege Point to Yankee Stadium Bond Taxability? (Saturday, November 8, 2008).

The Bloomberg administration’s treatment of Ms. Stark, requiring her to resign from the real estate company’s board may seem disproportionate in light of everything else that goes on in the Bloomberg administration but it has its considered tactical advantages. In a shorthand fashion it telegraphs to the public that the administration is ethical, notwithstanding that this may only be serving as a distraction from the more serious issues of conduct in the administration. It is like the magician’s tactic of distracting with superfluousness the audience’s attention away from that which the magician does not want the audience to see.

It is likely that the decision to have Ms. Stark resign was made when administration officials guessed or gleaned that the investigation of her senior deputy supervising the time certifications of her own spouse was going to become public. They may have feared that one thing would lead to another as it so often does: This was then like creating a firebreak ahead of a brush fire. The Bloomberg administration would also appreciate that a small scale anecdote the public can readily understand is often more potent than more obscure issues that might be related. Consider, for instance, the AIG bonuses (understandable) vs AIG’s unnecessary 100% payout to banks like Goldman Sachs and Barclays (more important).* (See: Monday, March 30, 2009
Former AIG Executive’s Whereabouts: Quick Note on Scandal Follow-up Questions We Hope Are Being Asked.)

(* Note: For a quick read relevant to Bloomberg and the AIG bonuses see: Mayor Turns Suddenly Shy About Money, April 10, 2009 wherein Jim Dwyer pints out that Bloomberg, a key George W. Bush supporter, and one of very few Obama non-supporters, was in favor keeping AIG taxpayer-financed bonus information secret while at the same time in favor of inquisitioning New Yorkers who protested against the invasion of Iraq about their political beliefs and who they voted for in past elections.)

Silent Spring: A City Laid Waste, Its Earth Sown With Salt


We have a convenient symbolic update with which to wrap this all up. This brings us to the latest reporting by the Brooklyn Paper about a special Bloomberg pet project, The New York Waterfalls. We are not the only ones who think the New York Waterfalls are symbolic of Bloomberg. When Forbes, in September, reported the peak Bloomberg’s personal net wealth figure of $20 billion Forbes pasted into its report an image of Bloomberg standing in front of his Waterfalls. In a way, as we will explain momentarily, the subject of the Waterfalls will bring Noticing New York full circle in examining Mr. Bloomberg and his abuse of charities.

Last week the Brooklyn Paper ran an update on what it has referred to as the “killer waterfalls.” (See: Silent spring at the River Cafe thanks to Waterfalls project, By Aisha Gawad, April 1, 2009.)

As the paper noted, Olafur Eliasson’s “arborcidal artwork,” “New York City Waterfalls” appears to have inflicted “a lingering wound.”

One of the four salt-water-spewing behemoths from Eliasson’s public arts project
was situated directly under the Brooklyn side of the bridge. And on most days
over the course of the three-month, $15-million public art project, a brackish
mist lashed the River Cafe’s beloved trees.

All summer long, trees not only at the restaurant, but also near other Eliasson “waterfalls” along the Brooklyn Heights Promenade and on Governors Island, showed severe damage.


(Image from Brooklyn Paper story.)

With the arrival of spring, the paper is reporting that the damage may be permanent despite the fact that:

When the project’s taps were finally tightened, tree experts hoped that the
foliage would bounce back. But it has been a silent spring, so far, at the River
Cafe.


We commented on the Brooklyn Paper’s website (and the same appeared as a letter to the editor in the print edition- click image to enlarge) that this story should have made a least some reference to Mayor Michael Bloomberg who masterminded the Waterfalls as a pet project, including diverting $2 million in 9/11 disaster recovery money for its funding. He led and directed almost all the $15.5 million in funding for it and then gave his pet project a (self-congratulatory) city award notwithstanding the damage it did.

It was probably because of Bloomberg’s involvement that there wasn’t an environmental impact statement or assessment ahead of time sufficient to identify the damage that was likely.

In addition to the diverted disaster recovery money, funding came from Bloomberg’s private “charity”and from a City Hall “charity” Bloomberg controls by being mayor and then from a long list of mostly real estate industry interests like Atlantic Yards developer Forest City Ratner who benefit terrifically from discretionary decisions made by the Bloomberg administration.

The kicker is that the recipient of all this money, Susan Freedman, president of the Public Art Fund, appeared to testify in support of the Bloomberg-proposed special extension of term limits.
(Image above from our "Befalls" piece.)

We are coming full circle here because it was the Waterfalls that first got us thinking about Bloomberg’s abuse of charities. We put our initial thoughts into the article: Self-Congratulation “Befalls” a Man Who Would Know No Limits (Wednesday, October 15, 2008).

Immediately thereafter, in a front page article about Bloomberg’s abuse of charities for political purposes, the New York Times reported on testimony by Susan Freedman, president of the Public Art Fund, in support of the Bloomberg-proposed special extension of term limits. The Brooklyn Paper also had previously run important stories about the abuse of charities for political purposes. We followed up with more thoughts. (See: For more about how all these stories interweave see: Monday, October 20, 2008 “Charity?” We Begin to Groan.)

Bloomberg as Salt of the Earth

Salting of the earth to prevent crops from growing was something once done to an enemy’s land so that the enemy might be totally vanquished. In modern times it often used as a metaphor to connote excess by the victoriously powerful. The symbol now recasts itself. The salted barren earth Bloomberg’s self-important pet project has left behind seems a fitting symbol of the Bloomberg administration’s stripping of the public realm. We have, of course, mentioned before the many holes in the urban fabric the Bloomberg administration is creating, like Atlantic Yards and Coney Island. Bloomberg is so often distracted by the grand scheme that leaves the city poorer in the end. Not many days ago we were talking with a knowledgeable, involved real estate professional about the Queens West delays that ensued from the Bloomberg administration’s preoccupation with its 2012 Olympic bid. Without that distraction, Queens West might be much further along than it is now and perhaps a better project. And speaking of that Olympics bid, thank heavens that Bloomberg’s West Side stadium never happened.

The West Side stadium never happened, but a third term for Bloomberg will be an opportunity for more serious mischief and mayhem across the city. We are not likely to escape unscathed. For a litany of what selling off of the public realm consists of see: Un-funny Valentines Arriving Late: Your Community Interests at Heart (Monday, February 23, 2009). That litany though is probably far from complete.

Let there be no secret then that we believe that the city desperately needs a change in administration. The only problem is that with the totally absurd wealth Bloomberg has at his disposal whether he will ever allow the natural process by which that change ought to come about.

Bloomberg Update: Fire and Ice (Part I)

On Monday, at NYU’s Robert F. Wagner Graduate School for Public Service, Mayor and mayoral candidate Michael R. Bloomberg addressed a large group mostly consisting of individuals from the city’s nonprofit organizations, spending 21 minutes telling them about the ways in which they were going to be getting money from his administration. The title of the address was: “Nonprofits In NYC: Facing the Challenges.” We say “mayoral candidate” Bloomberg because there is no one else campaigning with anywhere near the kind of financial presence of Mr. Bloomberg. Yes, Mr. Bloomberg, the man who became the city’s richest resident while he was mayor, taking his wealth up from about $2 billion to about $20 billion. And it hasn’t yet been two terms. Bloomberg wants a third. During his remarks he joked with casual aplomb about going for a “twelfth term.”

Updates While Looking at the Mayoral Campaign

We are going to use this occasion of the Mayor’s talking to those assembled from the nonprofit community as a chance to talk about the unfolding campaign for mayor and to provide updates to the portrait we painted when looking into the workings of the Bloomberg administration at the beginning of February (Monday, February 2, 2009, The Good News IS the Bad News: Thanks A lot for Mayor Bloomberg’s “Charity.”)

In other words, we will write here about a man of unfathomable wealth who is dedicated to remaining in power and who in the process abuses charities, process and conflicts of interest. Unfathomable wealth? Well you can conclude from what we write further on whether it is possible that Bloomberg is, in fact, so unfathomably wealthy that Bloomberg recently lost $4 billion in personal wealth in a matter of months without the press even noticing when reporting on the subject of the stats of his net worth. In the end, none of this is healthy for the city. We conclude by looking at how the Bloomberg administration’s mismanagement is leaving us with barren salt-sown earth in our urban environment.

The updates here illustrate in a time-microcosm the same concerns we previously wrote about. (For the macrocosm refer to our previous piece.)

Bloomberg Campaign Proceeds Apace Financially With a Ubiquitous Bloomberg Face

Bloomberg’s face is everywhere these days. His campaign advertisements are appearing all over on the back of community newspapers like Chelsea Now. (Click on image.) A Brooklyn Paper story accompanied by Bloomberg’s picture on the front page begins: “Mike Bloomberg wants YOU — to volunteer for his race for a third term. To make it easier, the billionaire mayor opened campaign offices in all five boroughs last weekend . . .” (See: Billionaire Bloomy needs you to volunteer for his campaign, by Gersh Kuntzman, March 30, 2009.)

(Click on images to enlarge, this one from the front page Brooklyn Paper story.)





Bloomberg’s publicists seem to have done good work. If you were riding Amtrack this past month, Bloomberg’s face would have been staring at you from the many covers of Amtrak’s Arrive magazine, slapped onto a story about harnessing wind power that seemed to have very little to do with the expensive high-end picture portraits of Bloomberg incorporated into the magazine.

(BTW: We must acknowledge that in some recently appearing photographs Bloomberg looks pretty good. Is he working out? Losing weight? Are old archived photos being exhumed? Nobody seems to be alleging that he has had any `work done.’)













Bloomberg, Bloomberg everywhere, but you see almost nothing of the opponent candidates. This is partly attributable to the terrific degree to which Bloomberg is outspending his challengers, See the recent New York Times story on the three million his campaign has already acknowledged spending: Bloomberg Spends $3 Million on TV Ads in Mayoral Race, by Michael Barbaro, April 7, 2009.

The $3 million cost of the ads exceeds the combined spending by all of his Democratic rivals since the start of the current election cycle, in 2006.

And it represents nearly half of what the city’s campaign finance laws allow each of his challengers to spend on the race between now and their party’s primary in September.

Without money others may be in the political doldrums, but Bloomberg is pursuing endorsements. He has gotten endorsements from the Independence Party and from the Staten Island Republican Party. The Independence Party’s endorsement is part of a calculated bid to get enough votes to keep its line on the ballot in the future. The fortunes of that party are fading and part of the deal for the party’s endorsement is that “in return for the support. . . that the mayor had offered, among other things, to help pay the costs of promoting him as the party’s candidate.” (See: Bloomberg Is Endorsed by Independence Party, by Fernanda Santos, April 5, 2009.)


Masterful Mayor on Monday

In his remarks on Monday, the mayor, introduced as a “hugely strong supporter of non profits,” did not, for the most part, say that nonprofits were going to get more money from the city. He spent his time talking about the procedural details of the nonprofits continuing to get the money they are already getting. Apparently, there will be less paperwork and procedures will be streamlined and brought up to date with more computer- and web-based support mechanics. (The city also stands ready to help nonprofits save money by conserving energy, group purchasing, and taking advice from the city on better management.) The mayor also did not mention his own substantial private flow of funds to nonprofits.

The mayor’s remarks were masterfully delivered. He seemed supremely confident. We thought about this. To us it seemed the confidence of someone totally in control and who intends to give up none of that control. After his remarks the Mayor sauntered off the stage and an announcement was made on his behalf that he was leaving because he `had no time to answer questions.’

FIRE and ICE

Clearly focused upon on Monday was the new importance of “ICE.” ICE is what we are going to get in the winter of our discontent now that our FIRE is sputtering out. Expect to hear a lot more about it. (For instance: Wednesday, March 11, 2009, With Houses Divided And Revenue Reduced, How Can Legislature Agree on Any Budget? By Henry J. Stern, March 10, 2009)

FIRE, standing for “Finance, Insurance and Real Estate,” is that sector of the economy that has always most preoccupied Bloomberg. It is that sector of the economy where he made his money. It is that sector for which he primarily envisioned building. It is that sector of the economy that, with bubble economics, was driving other sectors out of existence in New York. And now that the bubbles have burst we, as a city, have found ourselves in the lurch. Now we are hearing a new term used to talk about that sector of the economy that is expected to pick up the slack, ICE for “Information, Culture and Education” (or, alternately, until a consensus develops, “Intellectual, Cultural and Educational.”) Other cities that were not so tied to FIRE, cities like Savannah, knew about ICE a long time ago even if it had not yet been so christened. For NYC residents it is just beginning to be talked up, but this has always been an important part of our economy, especially since it includes science, health care and medical schools.

There is also the very peculiar way that the real estate industry has always valued culture, as in “artists.” Artists are viewed as the vanguard that create value in transforming neighborhoods though they then get kicked out when they are out-bid by higher-paid FIRE arrivals.- That’s grist for further rumination to discuss in another article at another time.

Reference to ICE was made in the introduction by New York University President John Sexton that prefaced the mayor’s remarks. Mr. Sexton took responsibility for coming up with the term “ICE.” We think we can recognize an advertising campaign when we hear one, political or not. Not only do we come from a family that included a good many advertising professionals but our aunt, Kay Daly, is credited with coming up with the original Revlon “Fire and Ice” campaign of the `50s, renowned in advertising circles. (See: Fire and Ice, by Andrew Tobias.)



Cold and Clammy Thoughts About ICE

It is not that in paying attention to the ICE sector Bloomberg is switching his attention to something he has never heeded before. The sector is filled with nonprofits and, going back to a time not long before he first ran for mayor, he started making “charitable” contributions to a vast number of institutions in the sector. At last report there were 1,221 recipient groups showing up in his 2008 tax return and that probably leaves out many others receiving his “largesse” via other means, such as the taxpayer-financed gifts from the city or the Mayor’s Fund charity, controlled through City Hall.

It is actually pretty scary to think that FIRE and ICE are considered the two major sectors of the economy and that Bloomberg’s ties to each are so significant. Our wealthiest resident privately does business with most of the firms in the FIRE economy while simultaneously dispensing critical discretionary City Hall favors throughout that sector. That is not to say that Bloomberg doesn’t also do business with many in the ICE sector. The largest nonprofits have substantial endowments to invest and it also seems to be increasingly fashionable for the large nonprofits to think in terms of making killings in real estate. That seems a temptingly easier path to funds than pursuing their missions in more traditional ways. (See: Nonprofits Look for Cash, ‘Salvation' in Real Estate, by Michael Stoler, March 8, 2007 and How Real Estate Bolsters Nonprofits, By by Michael Stoler, May 10, 2007)

Hot and Cold

There is the famous Aesop’s fable of the Shepherd and the Satyr from which comes the phrase to “blow hot and cold in the same breath.” The fable is a tad more enigmatic than some other of Aesop's, founding its inexplicability upon the foreignness of two creatures, one of them mythical, each hailing from a different world. (Notably, the mythical creature, the satyr, has the higher standards while the human, is just, well, just human.) The fable can leave some room for how it is interpreted but most often it is considered to refer to a man who cannot be trusted. It is not the same thing as “running hot and cold” which refers only to simple vacillation. Instead it bespeaks an untrustworthiness born of a devious duality of purpose. What that duality involves or how it problematically undermines the hope of depending on someone to act in accord with a declared purpose is left to be fleshed out by the specific situation when the phrase is applied.

We point out the aptness when, dealing with FIRE and ICE, of applying the “blows hot and cold in the same breath” phrase to Bloomberg who, in the case of both sectors, has a substantial dualities of purpose. He governs the FIRE sector while making his living from it. When it comes to the ICE sector, anyone who receives the “gift” of his “charity,” as we will discuss further, should wonder about the extent to which it should actually be considered a “gift.”

When it comes to Bloomberg, we find ourselves with the satyr, we “will have nought to do with a man who can blow hot and cold with the same breath."

What Did Bloomberg Need to Say to Get His Campaign Message Across With ICE?

We thought it was interesting what the mayor did not have to say on Monday, starting with what we observed about how what he was saying was not about giving the nonprofits MORE of the city’s taxpayer money that flows through the Bloomberg administration. It was sufficient for campaign purposes for Mr. Bloomberg to focus only on the “procedures” by which members of the assembled audience would get money. The mayor never mentioned the funds that he personally gives out (actually or potentially) to these same organizations. Did he need to? Consider this: It was featured news at this initiative-announcement/press conference/campaign event that “returnable” money or possible temporary bridge loans from the city were being increased by $12 million. It was the dollar figure mentioned in terms of new funds being made available. Compared with that, Bloomberg privately is now the source of $235 million or more per year in funds that can be kept as “gifts” and not returned.

Here is what the handout said about the funds for “short-term” use:

The city will more than double the size of the New York City Returnable Grant Fund from $8 million to $20 million- a 150 percent increase - for the next two fiscal years.

(See also, Bloomberg Outlines Initiatives to Assist Nonprofits, 07 April 2009.)


Mr. Bloomberg concluded his remarks by conspicuously informing all of the nonprofit community guests assembled that their point person on dealing with his administration on funding should be First Deputy Mayor Patricia Harris. We have previously written about Ms. Harris (see again: Monday, February 2, 2009, The Good News IS the Bad News: Thanks A lot for Mayor Bloomberg’s “Charity.”) and we have more to say here. Ms. Harris, who came with Mr. Bloomberg from his private sector operations, seems to have problems understanding conflicts of interest and seems to be in the thick of some very disconcerting qui pro quo-ing. Her responsibilities overlap some dangerous areas of concern: charities and big real estate.

Devoiding the Field of Alternatives to Bloomberg

We would hope that checks on the power of Bloomberg as the city’s wealthiest resident would include alternative mayoral candidates with viable campaigns to run against the mayor. There are candidates, but their numbers are declining. Those that exist are having problems raising the funds necessary for the public to find out about them, funds they also need to have good campaign staff and support. More on this later. First, some explanation why.

Mayor’s Abuse of Charities to Deprive Opponents of Political Funding

We previously wrote about how Bloomberg leveraged his “charitable” contributions for political purposes. We wrote about phone calls from high up in the Bloomberg administration scolding the recipients of Bloomberg “charity” for providing financial support to Bloomberg’s political adversaries. (See: Monday, February 2, 2009, The Good News IS the Bad News: Thanks A lot for Mayor Bloomberg’s “Charity.”)

Such high-level discouragement of financial support for his political opponents came from the same deputy mayor, Patricia Harris, entrusted simultaneously with responsibilities for Bloomberg’s“charitable” largesse and overseeing important city and City Hall-influenced decisions significantly affecting the economics of big-developer real estate deals. When last we wrote, we cited the New York Times. Here, as a supplement, is a link to an Observer article we missed that is about the Bloomberg City Hall administration’s use the “charities” to discourage contributing the mayor's political opponents. (See: A Deputy Mayor Hits Culturati On Giff Giving, by Lizzie Ratner and Ben Smith, May 30, 2004.) Yes, that article focuses on First Deputy Mayor Patricia Harris (“Pattie Harris”).

The Observer article covered, if allegations are to be believed, multiple contacts by Ms. Harris. Since essentially the same reported language was used in the case of the two of the three situations where the reporters talked directly to individuals threatened, it is likely Ms. Harris was working from what was essentially a script to make a comprehensively orchestrated set of contacts. Support for Bloomberg’s opponent (Gifford Miller) was viewed as “unfriendly or disloyal" “anybody who donates to Gifford is going to be viewed as disloyal" and “ the Mayor wasn't happy.” (General background: There has also been an article in the New York Post publicly reporting that the mayor was ‘livid’ with those on the list of contributors to Miller.)

Bloomberg administration spokesman, William Cunningham, defended rather than denied the allegations:

He said there was nothing inappropriate in the deputy mayor's questions. "You have a right to ask a question, 'Did you really give money to someone who's working against us? We've been with you for years,'"
Apparently, the implied threat aspect of this (technically denied by Mr. Cunningham) applied both to Bloomberg’s private charitable funding going back for years as referred to above and also, according to those recipients speaking to the reporters, to public funding over which Bloomberg (and Deputy Mayor Harris) did not start exercising control until he assumed the office of mayor in January 2002.

In the article, Gene Russianoff, a senior attorney with the New York Public Interest Research Group, commented:

Ms. Harris' conversations with the Miller contributors could "chill contributions" to Mr. Bloomberg's opponents. "If true, it's inherently coercive for a government employee to be doing that," he said. The City Charter bars deputy mayors from soliciting political contributions, but contains no explicit prohibition on their discouraging contributions to others.
Personally, we doubt such activities by the Bloomberg administration do not transgress the line of what is legally permissible. (In spring 2004, still preoccupied by 9/11, we think that Bloomberg was still in an unexamined honeymoon period with the press.) If the law actually permits Bloomberg such latitude then the problem is that the law is not strict enough. Remember that we are talking about the man who is currently, far and away, the city’s wealthiest citizen who by virtue of being mayor also controls extraordinary public funding. Mr. Russianoff was not clear that Bloomberg was legally home safe with respect to his conduct. His comment extended to include this:

However, the city's Conflicts of Interest Board has been known to censure officials who violate the spirit of the charter's rules.
Given the above we wondered exactly what was meant when we read that the Bloomberg’s Deputy Mayor Edward Skyler, in charge of administration, threatened city’s comptroller, William C. Thompson Jr., a candidate running for mayor against Bloomberg, with “the Gifford [Miller] treatment.” (See: Mayor Trusts Youngest Deputy to Run the City, by Michael Barbaro, April 9, 2009.) It is not clear form the context of this recent Times story what that threat was intended to mean, but however it was intended one must also wonder how it was interpreted by the recipient.

No Rescue in the Times?

While the New York Times has reported on Bloomberg’s abuse of charities for political purposes as front page news, the Times has not yet editorialized directly against it. The Times editorial page nevertheless appears to be very well able to perceive the critical importance of keeping politics and charity separate and has called for appropriate conduct characterizing the following as one in a list of “stunners”:

For more than 50 years, it has been against the law for charities to contribute to politicians. This news appears not to have reached Albany. Danny Hakim and Jeremy Peters recently reported in The Times about how more than 80 tax-exempt charities have been doling out money to helpful state politicians.

Some of the charities said they simply “goofed,” even though they appear to have received favors from politicians they supported. Charities should know better; the illegal money, meanwhile, should be returned.
(See the editorial: Albany Syndrome, March 20, 2009 and see also the story to which it referred: Charities Give to State Campaigns, Despite Law, by Danny Hakim and Jeremy W. Peters, March 16, 2009.)

Speaking in general terms, the concerns the Times editorial confronted involved quid pro quo exchanges between politicians and charities wherein a charity forsakes its obligation to benefit the public in a nonpolitical, neutral fashion. When charities abandon their obligation to benefit the public nonpolitically and neutrally as a result of such quid pro quo exchanges, there is an amplification of concern because, with special privileges to avoid taxes, the quid pro quo exchanges can have disproportionately large economic impacts. This applies to the Bloomberg situations as well.

The Times editorial which had a few other complaints about conduct and failure to clean house in New York bemoaned: “The news from Albany these days is filled with evidence of dysfunction and allegations of full-blown illegality.” But if the New York Times as the paper of record presides over dysfunctional politics in New York perhaps it bears much of the responsibility itself by not reporting what it should and by not calling for appropriate conduct as and when it should.

We have previously pointed out that by prematurely supporting a third term for Bloomberg in ill-considered fashion, the Times editorial page is now often in the feckless position of calling for better conduct from Bloomberg after the fact. (See: Saturday, November 15, 2008, The Mayor, The Times’ Timing, and a Proper Ordering.) We have been accumulating a growing list of such too-late editorials chasing after the mayor. If the New York Times ever does editorialize against Bloombergian abuse of charities it seems we will just have to add that editorial to the list.

Might It Be Goose and Gander With Ms. Harris?

If charities are abused this way by Ms. Harris to downwardly manipulate contributions to Bloomberg opponents, we must necessarily speculate about how impartially Ms. Harris handles City Hall’s ability to make discretionary decisions with respect to large real estate projects since this is also a responsibility assigned to her purview. We view it as problem that so much of local New York City politics is funded by the political contributions of real estate developers. We view it as a problem, but is nonetheless a reality that such political contributions sort of set the bar in terms of what people expect. People have come to expect the well-funded well-staffed kind of campaigns they see when campaigns are taking money from real estate developers. But if Ms. Harris can dissuade real estate developers from making contributions to Bloomberg’s opponents, then you won’t see them running those kinds of campaigns.

Other Mayoral Candidates: Those Who Are NOT Taking Contributions From Real Estate Developers

One of the candidates running against Bloomberg, City Councilman Tony Avella, is not going to have the problem of Bloomberg or Patricia Harris dissuading real estate developers from making contributions to his opposition campaign. Candidate Avella does not take contributions from real estate developers. He made this point at the March 7, 2009 15th annual Historic Districts Council (HDC) conference, Communities and Cornices: Preservation in a Political World, where all the mayoral candidates were invited to speak. (Mr. Bloomberg didn’t avail himself of the invitation and Comptroller William Thompson also did not come.) We were there. In the Q&A session, after Mr. Avella made the point that he was the only major candidate to that didn’t accept contributions from real estate developers except for Mr. Bloomberg, we corrected Mr. Avella: We pointed out that Mr. Bloomberg essentially does take political contributions from real estate developers since Bloomberg causes real estate developers to contribute to charities he designates and he then uses those charities for political purposes. (See: Monday, October 20, 2008, “Charity?” We Begin to Groan.)

There is another candidate who is not taking money from developers, Billy Talen, better known as Reverend Billy.

Tony Avella can run a campaign on the merits, pointing out the fact that he is consistently on the right side when it comes to development issues. He is on the right side even when that means taking a lonely position and he is on the right side of other important issues such as opposing the repeal of term limits in the fashion it was done. While he can run a campaign based on these merits, he is not running a very well-financed campaign and that probably causes many to judge him as running what looks like a campaign that could be higher profile and better run.

Reverend Billy’s core positions are probably not so different than Councilman Avella’s. He is a robust critic of the venality in the real estate industry. We hope that Reverend Billy can make up for, with showmanship, what must also be a very small campaign purse.

Other Candidates in the Somewhat Devoided Field of Alternatives to Bloomberg

The other candidates running against Bloomberg were Anthony Weiner and William C. Thompson.

As noted, William C. Thompson, City Comptroller and the candidate viewed as the strongest opponent to Bloomberg, didn’t speak at the HDC conference.

Mr. Weiner spoke earnestly, addressing himself to preservation issues, but he left without a Q&A session. This was ascribed to a lack of time, but we wondered whether it should be attributed to an unease about whether the audience would be friendly. Among other things, it has been predicted that Mr. Weiner would, as mayor, be on the wrong side when it came to preserving a viable Coney Island amusement park.

More on our mind when Mr. Weiner spoke was the predication we had heard that he was about to drop out of the race. We were told by people apparently in the political know that he would drop out because Senator Schumer was telling him to, telling him it was not his time (and perhaps clearing the way for Bloomberg?). We can’t vouch for the accuracy of what we were told, but only a few days later Mr. Weiner did drop out as predicted.

(For other reporting on the candidates’ remarks at the conference see: Saturday, April 11, 2009, A few mayoral candidates (but not the big two) on historic preservation, plus more from the HDC conference.)

No Strong or Real Choice in the Field of Candidates?

The New York Times described Mr. Weiner’s dropping out more technically as a “move to the sidelines” since Mr. Weiner said he could possibly resume his campaign months from now. (See: Political Memo: Bloomberg and the Incredible Shrinking Mayor’s Race, by Michael Barbaro, March 13, 2009.)

One thing Mr. Weiner did very well when he was running was to speak eloquently against the way the mayor maneuvered to extend term limits against the public’s wishes. The above Times article begins by pointing out:

It was a central argument by Mayor Michael R. Bloomberg for re-engineering the city’s term limits law last year: Allowing him to seek re-election would give voters a bigger pool of candidates from which to choose . . .

“If anything, the public has more choice because there will be more candidates, at least one more in the mayor’s race,” he [Bloomberg] said the day after the City Council voted to rewrite the rule.
It then notes that choice was, instead, eliminated:

“We now know what Bloomberg meant when he said ‘choice’ — he meant himself,” said Bruce F. Berg, chairman of the political science department at Fordham University.

Rewriting term limits, Mr. Berg said, “has stifled choice. And if Thompson drops out, he may well have eliminated choice.”
An aid to a Republican interested in getting into the race:

. . . expressed bewilderment over Mr. Bloomberg’s contention that altering the term limits would create a wider pool of candidates. “Historically, in any race, you will see more candidates when it’s an open seat than when there is an incumbent,” he said.
The article concludes:

“The power of the mayor’s incumbency, coupled with the power of his money, makes a smart politician think, ‘Maybe I should take a pass on this,’ said Steven A. Cohen, a professor of public affairs at Columbia University.
And Bloomberg clearly wants the field to himself. This week a story has come out about Bloomberg’s fervor to eliminate Weiner as opposition even as Weiner was dropping out of the race. According to the Times, Mr. Bloomberg commissioned a telephone poll last month that spread derogatory information about Weiner. (See: ‘Survey’ Calls Attack Bloomberg Rival, by Raymond Hernandez, April 6, 2009.)

Speaking of the calls which were confirmed to be part of Bloomberg’s campaign:

One of the Congressman’s [Weiner’s] aides said that the calls seemed suspiciously like push-polling — a technique disavowed by reputable pollsters in which phone calls disguised as survey research are used to spread negative information about an opponent.

Joel Benenson, a senior campaign adviser to Mr. Weiner, described push-polling as “one of the most discredited and dishonorable forms of negative campaigning.”
Back to the article, “Bloomberg and the Incredible Shrinking Mayor’s Race,” we think it incorrectly experiments with giving Bloomberg credit, aside and apart from his money, for being the currently more popular candidate. It does so by offering a side-by-side comparison of Mr. Bloomberg to Governor Corzine of New Jersey:

Money alone does not explain his popularity, they said, even if it helps. After all, in New Jersey, another wealthy businessman-turned-politician, Gov. Jon S. Corzine, faces an uphill re-election race, no matter how much he is willing to spend on a campaign.

But Mr. Bloomberg’s popularity ratings, which dropped to the low 50s in February after being in the 60s last year, are higher than Mr. Corzine’s.

From this the article infers the Bloomberg may have governed better than Corzine. Comparison to Corzine is a worthwhile exercise, but is should be done with the proper rigor.

Yes, Corzine spent heavily on his own campaign, but Corzine’s wealth is measured in mere millions. Corzine’s total net worth is less than half of what Bloomberg “gives” away every year to “charity.” Bloomberg’s charitable giving is used to manipulate politics and public opinion, so Corzine’s total net worth is way below what Bloomberg spends on such manipulations each year.

Bloomberg has ongoing personal business affairs that routinely create conflicts of interest while he is stockpiling astronomical wealth. Bloomberg fails to recuse himself when he should. Corzine simply has no such comparable conflicts of interest.

To compare Bloomberg’s billions to Corzine’s paltry millions is simply to illustrate that you have seriously lost track of how outsized and beyond most people’s comprehension of Bloomberg’s wealth actually is.

Losing track of Bloomberg’s Incomprehensible Wealth: And Did Bloomberg Lose $4 Billion?

Here is an example of just how blithely inept we are at keeping track of Bloomberg’s wealth. The Times ran an article in March saying that Forbes was reporting that Bloomberg’s wealth went up this year- - to $16 billion. (World’s Richest Aren’t So Rich Anymore, Forbes Says, March 12, 2009.) It reported that to be a $4.5 billion dollar increase in Bloomberg’s net worth but, if it had been keeping track, it could likely have reported a $4 billion loss instead.

Indeed, in March as part of listing of the world’s richest men, Forbes did report Bloomberg’s wealth as $16 billion making him the 17th most wealthy man in the world. But only six months before in September of 2008 as part of listing of America’s richest individuals, Forbes reported Bloomberg’s wealth as $20 billion, making him the wealthiest New Yorker and the 8th most wealthy U.S. citizen at that time. (As of March he was the 5th wealthiest person in the country.) So when the Times reported his wealth was going UP despite hard economic times, did they miss what was actually a decline in the last six moths? The Forbes article did say that those whose wealth had declined only 20% in the past year were doing well. That may or may not apply to Bloomberg since the basis for setting the figure for his wealth at $20 million was only established in July so the decline is not for a full year.

There are plenty of possible reasons for Bloomberg’s wealth as reported in Forbes to have gone down and plenty of questions to be asked in connection with them. Did Forbes quietly evaluate the wealth of a campaigning mayor more conservatively? Or did Bloomberg actually start losing billions at a good clip just recently? $4 billion in six month loss would annualize to $8 billion over a year, something on the order of 40% or double the loss that would put Bloomberg in the lucky category in this downturn. That would comport well with the idea Bloomberg didn’t see this financial crisis coming and that he isn’t a financial genius.

We don’t know the answers that explain it, but we don’t even see anyone asking the questions. Has anyone besides us actually noticed that Bloomberg’s wealth figure went down? Is Bloomberg’s wealth now so stratospherically beyond our comprehension that noticing this eludes us? The Post and the even the Wall Street Journal simply reported the March story the way the Times did, as if Forbes was reporting another increase in Bloomberg’s wealth rather than a $4 billion decline. (See: Bloomberg Is the Richest Man in NYC: Mayor Raking it in - but Nobody Else is, by Kirsten Fleming, March 11, 2009 and, The Wealth report: These Billionaires Actually Got Richer in 2008, by Robert Frank, March 16, 2009.)

For our own quick reference with collected figures tracking Bloomberg’s wealth see: Bloomberg’s Increasing Annual Wealth: 1996 to 2008 (Tuesday, February 3, 2009). (We need to do an update to show that most recent Forbes reported decrease.)

(Click here to continue to Part II of this article.)