Showing posts with label Michael Bloomberg. Show all posts
Showing posts with label Michael Bloomberg. Show all posts

Tuesday, November 15, 2011

After All, It Is a Park

City Moves on Zuccotti Occupiers

After Two Months' Acquiescence,

Next Round Will Be in Court




Last night, the city administration used its power to close down, at least temporarily, a street demonstration that had occupied Zuccotti Park, a previously uncelebrated 33,000-square-feet plot of choice Lower Manhattan real estate with trees and benches softening the skyscrapers surrounding it on three sides.

The Park is located on the west side of Broadway, between Cedar Street and Liberty Place, roughly two blocks north of Trinity Church, which is at the head of Wall Street. It is public open space, owned and maintained by Brookfield Properties and intended for passive recreation. It was created through a transaction in which Brookfield was permitted to build a substantially larger office building on the site. Mr. Zuccotti, a former first deputy mayor of New York City during the Beame administration, serves as the co-chairman of Brookfield, a Canadian company.

Zuccotti is a highly regarded public servant and a successful and innovative real estate executive. When the city was on the brink of bankruptcy in 1975, a principal demand of the business and civic communities was for his appointment as first deputy mayor, in effect the city's chief operating officer. His leadership helped to restore the reputation of city government, whose credibility had been seriously impaired as a result of misleading financial statements over the years, which concealed the city's failure to cope with deficits.

It is interesting that Zuccotti's name is more likely to be widely known for the two-month forcible occupation of the park designated to honor him than for the good works he accomplished for the city at a critical time in its history.

We must point out that today, in 2011, thirty-six years after that narrow escape from financial ruin, the city's position, although not so dire as it was in April 1975, when bankruptcy papers had been prepared by the law firm of Weil, Gotshal and Manges to be filed in Federal Court, nonetheless conceals structural weaknesses. At this time, due to thirty years of relative fiscal restraint, the city is not as badly off as either the national government, with its $15 trillion public debt, the New York State government, which faces a $3.5 billion deficit in the upcoming fiscal year, or the euro zone, whose stability is widely regarded as precarious.

Unfortunately, there is no John Zuccotti on stage or in the wings today to deal with these fiscal problems. We must face these issues in the closing stage of a twelve-year mayoralty which largely avoided disaster and disrepute, and which initiated many worthwhile programs, particularly in health and housing, while being unable to eliminate the structural imbalance which has plagued city finances for over a generation.

While reserving for another time a discussion of the current mayoral candidates, we believe it is safe to say that none has demonstrated the stature or skills of a Zuccotti or a Felix Rohatyn, to cite two leaders of the past generation. As people criticize Mayor Bloomberg for various aspects of his persona, they should not forget the substantive achievements of his tenure or the relatively high quality of his appointments.

We will be fortunate if the next administration at City Hall is comparable in achievement to the current one. Political leaders are often more highly regarded after they have left office. Harry Truman epitomizes that history. The inevitable reassessment of the current administration is likely to start sooner than the Truman redemption. Our problem, however, is not with what will be Mayor Bloomberg's place in history, a position which will be measured in part in consideration of his enormous personal wealth, employed in the public's interest as well as his own.

The issue which will dominate the next two years in our municipal history is who the successor will be, and whether he or she will have the ability to deal with the daunting issues that still face the city. We have sounded the call that danger lies ahead, and it will take enormous effort and sacrifice to deal with the problems that have gravely impaired so many other places, both in this region and around the world. Time always gets shorter, and we should devote our abilities to a wide search for equitable solutions, because inaction leads to the aggravation of existing problems as the time to resolve them inevitably diminishes.



StarQuest #785 11.15.2011 714 words

Friday, October 28, 2011

One Small Step

Pension Reform Agreed Upon,

But Will the Promises Be Kept?


By Henry J. Stern
October 28, 2011

The city's antiquated pension system has long been in need of streamlining and updating. The agreement reached yesterday by Mayor Bloomberg, Comptroller Liu and leading labor unions provides hope that 2012 will be a year of pension reform, but such hopes have previously arisen and been dashed on the rocks of political reality.

New York City employees have different pension plans, all under the management of the City Comptroller: the Employees' Retirement System (NYCERS), the Teachers' Retirement System (TRS), the Police Pension Fund Subchapter 2, the Fire Department Pension Fund Subchapter Two, and the Board of Education Retirement System (BERS). Each pension fund is financially independent of the others and has its own board of trustees, which include city officials and relevant union leaders. In general, the city and the unions have roughly equal authority over the funds.

Sometimes the city and union leaders work jointly on pension matters, while at others they are in disagreement, a difference largely based on the relationship between the mayor and the comptroller at the time.

Historically, the city's mayors and comptrollers have been at odds more often than they have been united. The comptrollership has been used as a stepping-stone for mayoral candidates and under those circumstances it is not uncommon for the mayor and the comptroller to disagree on issues.

The last comptroller, Bill Thompson, left office in 2009 after a close but unsuccessful effort to defeat Mayor Bloomberg's bid for a third term. The subsequently disgraced and convicted Alan Hevesi sought the mayoralty in 2001, but ran a poor fourth in the Democratic primary, losing to Mark Green, Freddy Ferrer and Peter Vallone, who all lost to Bloomberg.

Liz Holtzman was defeated for reelection as comptroller in the 1993 Democratic primary by Hevesi, who raised integrity issues against her. She never ran for mayor, but was defeated as the Democratic nominee for U.S. Senate in 1980 by Al D'Amato and in the 1992 Democratic Primary for Senate by Robert Abrams. Her predecessor as comptroller, Harrison J. Goldin, made a bid for the office in 1989, finishing fourth in the Democratic primary behind Richard Ravitch (3rd), incumbent mayor Ed Koch (2nd) and David Dinkins, the eventual mayoral winner. Goldin had succeeded Abe Beame, the only comptroller in City history to ascend to the mayoralty since Consolidation in 1898.

It is one thing for public officials to disagree on a policy issue, a frequent occurrence, but another to be in chronic dispute on questions of investment and expenditure of public funds, in situations in which the outcomes can result in financial gaps of millions of dollars in return on investments. The hydra-headed current system leads to such results.

The relationship between third-term mayor Mike Bloomberg and first-term comptroller John Liu has been particularly chilly. Although they cannot run against each other in 2013 they clearly have different visions as to what the city should do in the interim.

Liu has been in full-fledged campaign mode for the 2013 Democratic nomination for Mayor from the day he took office 22 months ago. His initial act was to publicly decline a mayoral invitation to lunch on his first day in office, which, though not substantial, set a tone of antagonism over a non-issue. There are other issues, great and small, where the two men have differed. One chronic bone of contention deals with the comptroller's issuing reports faulting the conduct of a mayoral agency. The press asks the mayor to respond, and he generally does.

Whatever justification for a particular dispute it seems clear that the mayor and the comptroller are often on opposite tracks in their judgment of the city's financial crisis and the way for it to dig itself out of the mess. The mayor sees the solution as based on reducing expenses and increasing renevue with an economy that gets better, while the comptroller believes the city can survive the recession by continuing to spend as it has done in the past.

Of course, all this may change in the next few months, since new economic data is constantly arising and influencing the stock market, corporate earnings, and tax receipts. The financial situation may improve, or deteriorate.

The tentative agreement reached yesterday between the mayor and the comptroller will require considerable fine-tuning in addition to approval by the State Legislature in Albany. It is by no means complete and dispositive of the main issues that have arisen. It does indicate a desire to reach common ground and the recognition that the city's urgent and continuing fiscal troubles require more savings to be made without endangering the pension system.

Some watchers believe that the decisions announced yesterday are not real, but a paper gloss over a more severe situation designed to buy a few months breathing room in which city and state officials will work out a more comprehensive reform. Of course, if the financial situation improves over the next several months to the extent that these measures will not be fully required, so much the better.

The working agreement announced yesterday will require the relinquishment of some authority by the comptroller, who now possesses almost plenary authority in making investment decisions for the $120 billion that remains in the city's pension accounts. It is a rare for public officials to spontaneously limit their authority in any way, unless they are required to do by law enforcement or other external authorities.

Liu has been under fire in the press in recent weeks for alleged fundraising irregularities, including taking campaign contributions from certain donors under the name of others in order to increase the amount of matching funds he would receive from the city's Campaign Finance Board. If he made concessions as the result of current political weakness, it remains to be seen whether he will adhere to them when his own situation improves.

It should always be remembered that every high political office is but a few steps from the grand juries' chambers in the county court houses. The higher one rises in the system, the more vulnerable one is to accusations of various types of misconduct.

The trouble is, as we say in Rule 32, that some of the charges are likely to be true.

Tuesday, August 30, 2011

Garbage In, Garbage Out

Asphalt Green

Set to Become

Port Garbage

Under City Plan



For some years, the City of New York has been planning to construct a marine transfer station (MTS) on the Manhattan side of the East River, with an entrance and exit at 91st Street and York Avenue. There was such a facility on that site until 1990, when it was closed. In the twenty years since, the neighborhood has become increasingly high-rise residential and Asphalt Green, a recreation center with a swimming pool and substantial play areas for children, has been built east of York Avenue, immediately adjacent to the site.

The transfer station would be a large building which trucks loaded with garbage that would enter and then drop their contents into scows. When filled, the scows, pulled by tugboats, would travel down the East River and bring the garbage to freight cars which would carry it by rail to rural sites where the city had purchased rights to deposit solid waste.

The site, a couple of blocks from Gracie Mansion, has stirred neighborhood controversy. Local elected officials, led by Congresswoman Carolyn Maloney, are strongly opposed to the location. Mayor Bloomberg supports it. Indeed, he advanced its construction by a year, in an effort to lock in the site before he leaves office in December 2013.

Supporters of the site say that Manhattan should handle its own garbage, rather than ship it to other boroughs. They say the residents of the East Side who oppose the site are guilty of "environmental racism", dumping unpopular facilities in neighborhoods inhabited by poor people. This argument carried the day at the City Council, where in June 2005 an attempt by then-Speaker Gifford Miller to over-rule the mayor's solid waste plan which included the marine transfer station failed when the Speaker could not muster the necessary two-thirds of the Council, and the vote was canceled. It was rumored at the time that Miller had rounded up 32 votes, but 34 out of 51 members were required for an over-ride.

The fact that Miller was running for mayor against Bloomberg that year did not help his cause. It enabled the mayor to appear as the defender of the outer boroughs against a councilmember from the silk stocking district who did not want a necessary sanitary facility in his backyard, even to take care of his own constituents' garbage.

Since that time, the project has spent six years wending its way through the bureaucracy. When approved, the decision was seen as the outcome of a political battle between the mayor and the speaker. Now, with Miller long out of politics, and Speaker Quinn a strong ally of the mayor as she seeks to become his designated successor, the old lineup has evaporated, and the transfer station appears to have clear sailing.

None of this has to do with the merits of the proposal, which have been challenged in the courts, so far without success. In general, the courts are supposed to decide on whether the city has authority to take a particular action, not to judge the merits of the proposed action. However, judges often insert themselves into local disputes, whether to make friends or avoid making enemies, or to attract attention to themselves and the power they can exercise, at least until the matter is taken to a higher court, which has no problem in reversing political decisions made by trial judges.

Disclosure: I live on East 84th Street, which is far enough away from the site for me not to be bothered by whatever smoke, noise, odors or fumes that may emanate from the plant. I do remember the old plant, and the problem there was that trucks waiting to enter one of the berths from which they dumped the garbage would line up on York Avenue, their diesel engines running, all the way down to 86th Street, five blocks south of the station. The trucks were often accompanied by flies, who feasted on the trucks' cargo whenever they could gain access.

The environmental elite is all for the project, out of belief that it will mitigate global warning, and the conviction that anything that discommodes rich people or reduces the value of their homes cannot be all bad. These groups have been under fire from minorities because they are overwhelmingly white, although composed primarily of volunteers.

Supporting this project is a good way for the richies to show that they favor justice for all, and are not troubled by any consequences that do not affect the underprivileged, or as they now prefer to say, the underserved, since they are not seeking privileges, but rights which they richly deserve but have never received in our unjust society.

Of course, rhetoric on both sides has next to nothing to do with the merits of the project. There are factors: length of truck routes, availability of sites on the Hudson River, the West Side of Manhattan (ships generally dock there, not on the East River). The effect on property values, and consequent tax revenue to the city, should also be considered. If $100 million in luxury housing declines in worth to $75 million because it now faces a huge garbage dump, that is a cost which will be paid each year when the city assesses the real estate that is its principal fixed asset.

There is also the issue of what to do if you build it and it doesn't work the way you wanted it to. Look at the Town of North Hempstead in Nassau County, which built a costly incinerator, only later to dismantle it and use the land for a golf course. This turned out to be a nine-figure blunder, but it was supported by the so-called experts. Of course, a transfer station is easier to build, small children employ its principles in sandboxes.

But with Murphy's Law in mind, do not underestimate the capacity of public officials (and their rivals and successors) to mess things up. This is particularly true when a noisy minority opposes the project from the start. BTW, why was the first transfer station built at that site to ship out truckloads of garbage abandoned twenty years ago? Why was the striking asphalt plant on the site, designed by the famous architects Kahn & Jacobs in 1944, recycled into a sports and arts center in 1982? Possibly because the manufacture of asphalt is a business historically operated by organized crime, with which the city was not competitive.

My prediction is that some day, not too far away, the experts will find a better way of getting the garbage onto the scows or a better place in which to do it. In the meantime, as they say, "there goes the neighborhood." Many communities have gone up and down over the years, often for reasons that were beyond the reach of government. The novelty here is that the city itself will pay to ruin the ambiance and the view, which will diminish the economic value of one of its finest local neighborhoods.

Let us make it clear that a lot of honest and intelligent people support this project in good faith. It is just that, based on my knowledge, experience with similar proposals, and stubborn intuition, I don't believe them to the extent of spending billions of dollars of tax money to do what they tell us. For example, what if the rural states reject our garbage, or make accepting it prohibitively expensive? Will the scows remain at sea in perpetuity?

The fact that this damage is being inflicted in the name of improving the environment reminds us of the words which sadly became famous in Vietnam: "We had to burn down the village in order to save it."

As Puck observed, "What fools these mortals be."


StarQuest #777 8.30.2011 1287 words

Monday, August 29, 2011

Water, water, everywhere

Irene Drenches City

Winds Just Bluster,

Nature Lends a Hand.

Mayor Back in Groove


Today we enjoy the calm after the storm. The sky is clear and we have a pleasant breeze. It is a perfect day to go outside and breathe air that is cleaner than usual. You can also leave your apartment windows open.

The contrast, of course, is with last week, when Hurricane Irene dropped millions of gallons of water over the Eastern Seaboard, starting with Puerto Rico, and heading north to Canada, finally dissipating over Quebec. Hurricanes have no regard for political boundaries. Landfalls slow them down but do not stop them.

Fortunately, Irene turned into a tropical storm as it approached New York City, and we were spared the worst of the winds, which would have inflicted enormous damage on property and probably would have killed many people, as tornadoes frequently do.

This column tends to view significant events, including natural disasters, in terms of their political effect, if any, and the competence of public agencies and officials in dealing with crisis.

In that regard the Bloomberg and the Cuomo administrations did very well. It is possible that the Mayor's good work was, in part, based on his determination to avoid another fiasco like the late December blizzard in 2010 which was not anticipated and not responded to promptly by city officials, some of whom were out of town. There is nothing wrong with the mayor's learning from that experience, and in fact it is a credit to him that he did.

There was one change in the lineup, Deputy Mayor Stephen Goldsmith, who lived in Washington, D.C., and became, somewhat unfairly, the official scapegoat for all that went wrong in the city's response to the blizzard, was replaced by Cas Holloway, who had been Mayor Bloomberg's Commissioner of Environmental Protection. Holloway lives in Brooklyn Heights, and had served years in the mayor's office, and before that, in the Department of Parks & Recreation, a well-known incubator of young talent (e.g. Adrian Benepe, Ed Skyler and Bradley Tusk).

The city had the advantage of five days' notice that Hurricane Irene was headed our way, and used the time wisely to make arrangements as to how to deal with the approaching storm. The mass evacuation of nursing home residents turned out not to have been necessary, but anyone who remembers senior citizens drowning in their beds in New Orleans during Katrina did not want to see a repeat of that tragic scenario.

HISTORICAL CATASTROPHES

The death toll from Katrina was 1,836, making it one of the deadliest natural disasters in the United States since the Johnstown, PA, flood in May 1889, where an estimated 2,200 people died, mostly by drowning. That tragedy was caused by the catastrophic failure of the South Fork Dam on Lake Conemaugh, which released twenty million tons of water which raced 14 miles downstream to reach Johnstown. The worst natural disaster in United States history was the Galveston flood of September 1900, which killed an estimated 8,000 people. The multiple attacks on 9-11-2001 killed nearly 3,000 people, but that was a man-made tragedy and not a natural disaster. Outside this country, the Haitian earthquake of January 2010 resulted in 316,000 deaths, more than a hundred times as many as died at the World Trade Center.

As of this afternoon, just one death in New York City has been attributed to the storm, which is the result of good luck, sound planning, and fine work by first responders. The men and women who worked to achieve this result deserve praise for their efforts. We hope they suffer no after-effects from their work.

This hurricane was extensively covered by the media, particularly television, which had great visuals of surging waves. Reporters and cameramen were placed in different neighborhoods and showed the extent of the flooding, which never seemed to be as deep as their descriptions. Winds are less visible on TV, but one could see reporters trying to stand up straight while they spoke, with gusts occasionally pushing them around.

Mayor Bloomberg had periodic press conferences to report on developments, which is what Mayor Giuliani did after the 9-11 terror attack. Governor Cuomo called out 2000 National Guard troops, deployed them in flooded areas, visited upstate counties, praised local officials and showed himself to be deeply involved, with State Operations Director Howard Glaser coordinating the state's response, where flash floods upstate endangered lives, with people trapped in motels by rising waters.

After 9/11, candidate Andrew Cuomo got into trouble for saying that all Governor Pataki did was hold Mayor Giuliani's coat. This year Governor Cuomo spoke wisely and to the point, telling what the state was doing, and saying nothing negative about anyone. By highlighting the hurricane's effect in Long Island and upstate counties in the Hudson valley, he avoided Mayor Bloomberg's turf and showed that he was ready for prime time. Good.

Even President Obama got into the act, speaking live for a few minutes at 5 p.m. Friday about federal assistance in the disaster area, and how all levels of government were working together. He also mentioned ways people could prepare for impending hurricanes. It was somewhat reassuring to know that he cared about us New Yorkers.

In another first for natural disasters, we received e-mails all day from miscellaneous elected officials, district leaders, city councilmembers and even one aspirant to a Queens Assembly seat, advising their constituents how to deal with the winds and the flood. These messages were harmless, and might even be helpful if one had no other source of information as to what to do in the event of a hurricane, or were watching TV for the first time.

These e-mailings were evidence of the maxim, "It's an ill wind that blows no good", because the raging hurricane provided an opportunity for the politicians to send mailings to their constituents at the expense of the State or City of New York. Watch for the next rainstorm, and see whether we are advised to carry umbrellas.

We defend the city from accusations of over-reacting, which were implicit in some questions from skeptics in the press. For the next hurricane, we can do fewer evacuations, but it is important periodically to test emergency management situations, and Irene was an excellent occasion to find out what works and what doesn't.

I think of the two men on the beach in Florida talking about what had brought them there. One man said he had a candy store which burned to the ground after a serious fire. The other fellow said that he had a clothing store, which had been blown away by a tornado. The first man expressed surprise, and asked his companion, "Tell me, how do you make a tornado?"

Since we cannot make tornadoes or hurricanes, we should use the ones that God sends us to learn all we can as to how to deal with them, and minimize the loss of life and property. It is not wrong for a disaster to be a test of public officials, they are elected in part to protect us, and a crisis gives them the chance to show what they can, or cannot do.

President Bush looking out the window of Air Force One flying over New Orleans after Katrina six years ago was not a helpful image, and his words on the ground to his FEMA chief, "Brownie, you're doing a heck of a job," reverberated to his discomfort. It is remarkable what the elected class has learned since then.

We wish that hurricanes, floods, earthquakes, tornadoes and forest fires do not threaten our State. If they do come, we depend on our public officials to lead our response. There is also a great deal that individuals can do, and they should be more prepared for disasters than they are today.

We have lived for over a half century under the threat of weapons of mass destruction. With nuclear proliferation under way, with unstable regimes in some countries, and others led by psychotics, the world is a dangerous place, whether or not it is warming (and it probably is). The more people can do to provide practical protection for themselves and their families, the better their outcome may turn out to be, as my mother used to say, "if anything happens."

Wednesday, July 27, 2011

Suffer Little Children

Mattingly Leaves ACS,

Presided Over Tragedies

But Reformed the Agency.

Judge Richter Is Successor.




John B. Mattingly is retiring as Commissioner of the Administration for Children's Services (ACS) after seven years in the trenches. At the age of 66, he will return to the child welfare foundation he headed in Baltimore.

His departure is in striking contrast to Jay Walder's jumping ship after 21 months at the MTA to take a far more lucrative position running a railroad in the Orient. Yet Walder may have performed a service by his surprise exit. His manner had alienated many of the people he had to deal with, and the financial chasm between receipts and expenditures had only widened, although through no fault of Walder's.

John Mattingly stayed for the long haul in what is probably the most thankless position in city government. You get into the news only when a child under your protection is murdered, usually by the mother's boyfriend, or when the child starves to death after months or years of neglect and abuse. The more grotesque the death, the more attention it receives in the media, and the more people are shocked by the tragedy, which can often be traced to the negligence or incompetence of employees of the Administration for Children's Services.

The nadir in this agency came five and one half years ago, when the police found the lifeless and emaciated body of Nixzmary Brown in an apartment in Bedford-Stuyvesant. We reported on the case on January 13, 2006, and you can read our analysis of the situation by clicking here. We reproduce the headline over the story.

TORTURE AND MURDER OF A 7-YEAR OLD GIRL
LIVING WITH FAMILY UNDER ACS SUPERVISION
LEADS TO DEMANDS FOR FULL INVESTIGATION
AND REVIEW OF ACS' FAMILY-FIRST ATTITUDE.

With additional information, we wrote another article five days later, which you can read here. By January 18, similar horror stories were coming to light. This was the headline on the second article:

OBSERVATIONS ON THE DEATH OF AN AMIABLE CHILD,
TORTURED BY ADULTS AND IGNORED BY AUTHORITIES.

The reference to an amiable child is from the caption on a small statue in Riverside Park, just west of Grant's Tomb, which commemorates the life of St. Claire Pollock, a young boy who, on July 15, 1797, fell to his death from the edge of a cliff overlooking the Hudson River. We feel sadness over the centuries at the loss of an innocent child. When the tragedy is caused in part by official misconduct, people feel anger as well as sorrow.

A roster of murdered children appeared in a third story, which was published on January 23. Compare the unusual, hopeful names their mothers gave them with their sordid and pitiful deaths. Click here to read the article headlined:

SIERRA, DAHQUAY, JOZIAH, NIXZMARY;
FOUR CHILDREN DIE IN FOUR MONTHS
WHILE UNDER THE CARE OF CITY ACS.

That column, which is almost lyrical in tone, begins with the poem, "Who killed Cock Robin". It continues with a contemporary version of the children's rhyme. I strongly recommend that you read it; you will not be disappointed.

AFTER THE TRAGEDIES

With the support of Mayor Bloomberg, Commissioner Mattingly survived these disasters and went on to institute numerous reforms in the beleaguered agency. More caseworkers were hired, and their training improved. Supervision was increased, and supervisors were held responsible for their employees' misconduct. Child welfare advocates, generally critical of public agencies, gave Mattingly good marks on the whole upon his departure.

However, since no one can entirely believe the words of public officials, (look, for example, at the hosannahs which exalted Joel I. Klein upon his departure from the Department of Education to enter the service of Rupert Murdoch) we cannot say for certain what, if any, skeletons remain in the closet at ACS.

We commend Commissioner Mattingly for his service and dedication over seven long and arduous years. Mayor Bloomberg was courageous for not yielding to those demanding Mattingly's immediate dismissal after the tragedies.

We have just learned that the mayor has appointed Ronald E. Richter, a Family Court judge, to succeed Mattingly. Richter was formerly a Deputy Commissioner at ACS, in charge of Family Court cases involving child abuse, neglect and custodial rights. He is married to Franklin Cogliano, and they have a 14-month daughter, Maya.

Mayor Bloomberg said that the Commissioner's sexual preference had no relevance to his appointment.

Friday, April 22, 2011

To Do Or Not To Do

Guide for Agency and Business Managers:

Much That You Are Told Just Isn't True,

What You Are Not Told May Be Decisive.




On April 18 we wrote an article on the decision making process in government. We noted at the time that the great majority of our columns deal with specific situations, generally situations which have gone wrong, problems the authorities have failed to solve, or improper influence being exerted to shape a decision on an issue.

We asked our readers to let us know what they thought about such columns, and whether they wanted us to continue with that kind of analysis. We received no negative comments, and enough favorable ones, to justify our return to discussing some of the more practical aspects of public administration.

The question we ask first is: How do public officials make decisions on issues before them?

The beginning of the answer is that they usually do what they are told to do by their superiors in the chain of command, or they do what they have done previously on the same or similar occasions. There is a reporting relationship between public officials, more clearly specified in the uniformed services, but existing in all agencies. You know who your boss is, and so does your supervisor, right up to the Deputy Mayors who report to an elected official, the Mayor.

Sometimes, the formal chain of command does not reflect the realities of the situation in a particular agency. This can happen for a number of reasons. One is that a new person is appointed with different strengths or skills than those formally required. Rather than revise the organization chart and submit it to various staff agencies which may want to play with it, either to justify their existence or to throw their weight around, the wise commissioner, in his mind, conforms the chart to the new reality. This is inconsistent with Rule 31-N: "There is no such thing as a mental note." But it is in conformity with Rule 27-B, one of a handful of rules that originated directly with Mayor Bloomberg and therefore deserve particular adherence: "Beg forgiveness, not permission."

The potential conflict between caution and action is also reflected in the difference between the Nike rule and the Nancy rule. The Nike rule, known formally, as 8-J, is "Just do it." The Nancy rule, 9-J, is "Just say no." Since many passages in the Bible contradict each other, one should not be unduly upset at the variance in our Modern Mishna.

Of course, the essence of judgment comes in knowing when to follow 8-J, and when to obey 9-J. That is not a decision that can be made in advance, because it obviously depends on the fact situation one is facing, and the resources available to solve the problem. When a commissioner, or a general, or a private sector executive, is faced with an issue, it is usually the case that not all the facts which would bear on the decision are available - sometimes a relatively small part of the picture is clear, sometimes the situation in the field is hopelessly obscured, and the reaction by others to the decision may be difficult to predict.

In many cases, the information you have before you is tainted. Misleading statements or allegations may have been made by adherents of one side or the other, or occasionally by both sides. Often the answer is described in Rule 30-T: "The truth lies somewhere in between." Although that rule is usually true, it does not tell you just where the truth can be found.

It is also quite possible that people who work for you have their own interests in the matter, which conflict with each other's and possibly with yours. Staff members who want you to make a particular decision, for good reasons or bad, are likely to emphasize or exaggerate the data which favors their position, and deny, ignore or denigrate information which contradicts their views.

Sometimes misinformation, or disinformation as it is called when the false data is deliberately disseminated, is relied upon by the decision maker, who does not know that what he has been told is false or distorted. That's why it is important for the decision maker to know his people, and to have formed an opinion on their credibility. This can be done by asking them questions and evaluating their replies.

Here is an example: Ask someone a question which he cannot answer, either because he does not know the answer or because there is no answer. Does he guess at an answer? Does he dodge the question and say something irrelevant? Or does he answer wisely and admit that he just doesn't know? Much of the so-called skill of management comes down to judging people, their confidence and their credibility, and learning to what extent you can rely on them.

What is also required in making assumptions is a keen sense of what is likely to be true, and the ability to judge how close to plausibility what you have heard appears to be. That does not mean that the unlikely is impossible, but if data is totally inconsistent with one's expectations, one should start by examining the discrepancy. It is not yet a rule, but it has been said, particular with regard to Bernie Madoff: "If it's too good too be true, it is." Perhaps it should be 25-M.

In evaluating what someone tells you, it is sensible to provide some margin for puffery, self-protection and defense of one's staff. Hardly anyone tells the exact truth, and if someone does, you may have reason to be concerned that the gift of precise recollection will some day be turned against you.

These attributes are difficult to quantify, and they vary from person to person and often depend on relatively extraneous factors: time, mood, hunger, thirst, temperature (rooms used to interrogate prisoners, for example, can be heated or cooled in order to make the prisoner less comfortable). A great deal can be done legitimately, far short of waterboarding, to induce people to be more accurate in their recollections of past events.

That is why it is so important, in running an agency, to get to know your people as individuals, and not just the handful that immediately surround you and cater to you. Talk to people when you see them, sometimes ask them questions as to what they are doing. It is too easy for a commissioner to act like a monarch, the master of all he surveys, the direct emisssary of His Majesty the Mayor (regardless of who is mayor). Such an official often unconsciously limits his conversation to people who serve at his pleasure, urgently desire his good will, and are unwilling to say or do anything which they believe carries with it the risk of jeopardizing their relationship with their master.

It has not quite jelled into a rule, but I believe that the higher up one gets on the food chain, the less likely one is to be told the truth. To take the most grotesque example, which Nazi official would be likely to tell Hitler that Germany was losing the war? To a lesser degree, this principle applies around the office.

How to deal with this situation? First, select people you can trust, preferably through shared experience. If you do not have that authority, which is often the case, test the people to find out whether they are truthful and trustworthy. Second, encourage open discussion and full disclosure on their part. Praise those who speak frankly, and express some displeasure at reports which strike you as exaggerated, self-serving or unlikely to be true. Let your staff see that you value truth and accountability, and make modest disclosure of your own past experiences and reverses. You do not have to be a mystery person like a Freudian psychiatrist. Be as normal as you can manage.

These simple admonitions may seem manifest to some of you. However, they are not intuitive for most people. It is much easier, in a meeting situation, to accept whatever someone says, rather than challenge it. Silence, often interpreted as acquiescence, makes the meeting go more smoothly, and avoids hurt feelings which can mutate into negative words and actions. Moreover, if you speak up, whatever you say can be potentially interpreted as hostile to a group with which the target identifies, whether it be one realted to ancestry, religion, nationality, gender or sexual orientation.

Part of the decadence of today's social order is that too many people see themselves as representatives of a group or tribe, rather than as individuals responsible for their own decisions and their own conduct. Supervisors feel compelled to adopt the same values, because they know that any decision they make, especially on personnel, is subject to review, and they may be accused of retribution or racism or anything that can be fitted into a counterclaim.

Unfortunately, to report or act against misconduct means that one often puts oneself at risk of retaliation, under cover of the law. In the past, we have generallly interpreted retaliation to acts by officialdom to punish employees for union activity or for making complaints to the authorities. Retaliation by employees can also be a motive for aggressive actions against supervisors for doing their jobs faithfully. The result is that fewer disciplinary actions are taken and more dereliction of duty is countenanced. Who wants trouble?

We see this problem in social service programs and in Medicare and Medicaid. Desirable programs are abused by corrupt service providers. The protections of due process make it difficult to prevent dishonesty and fraud. In these circumstances, as in so many areas involving government, the law is on the side of the crooks. In part this is because law enforcement is restrained by due process, as it should be, however those who violate the law are unconcerned with statutory inhibitions. They simply take what they can get. They are beating the system.

The most prevalent vice among public employees, however, is not corruption but idleness. When a particular task is completed, people often do nothing until the next task is assigned. One can always volunteer when one's own work is done, but new employees who do that soon learn from their seniors what the work habits are in a particular unit. Sometimes they are good and sometimes they are bad.

Over time, just as water seeks its own level, the rate of activity approaches the lowest common denominator of the units involved. The late Senator Daniel Patrick Moynihan wrote of "defining deviancy down". That is sadly the norm in areas of the public work force.

In some agencies, and with regard to some tasks, the work to be done is strictly defined. A motorman, for example, must drive his train from one end of the line to another, no matter what his disposition may be on any morning. Sanitation employees have a route to cover, which they can do well or poorly, but can get in trouble if they do not complete. Letter carriers have precise locations to reach and exact tasks to perform. The time they save by doing their jobs quickly is usually regarded as their own.

Some employees, like firefighters, work in response to specific requests. The level of coverage is measured by the time it takes, after the alarm is sounded, to reach the site of the fire. Consideration of the cost-benefit ratio of additional fire houses is clouded by the emotional factor that longer response times may lead to the loss of life. That, plus the strength of the firefighters' union, the desire of communities for visible protection, the presence of a fire station as a safe haven on a block, and the presence of strong males who could protect the public, contribute to intense public resistance to closing firehouses. We have about 218 firehouses in the city, many built a century ago when most houses were built with wood, which, as we know, burns.

As in many areas of human activity, laws with noble purposes are twisted by wrongdoers and their lawyers to protect bad behavior and discourage actions which would be helpful to the purpose the agency was created to accomplish. To some, the government of the City of New York is a giant pinata, and the object of their efforts is to extract as much of its contents as possible for themselves.

The defense of the city treasury is itself expensive, and takes funds away from direct service delivery. Yet it is essential to protect the city from even further spoliation than it already suffers. People do not guard public funds as zealously as they protect their own. The Soviet Union made that discovery when it forced Russian peasants into collective farms, which never produced as much as the individual farmers were able to grow on their own small plots. Millions of people starved to death in the Stalin area, in part as a result of this misjudgment of individual motivation.

The secret of good government, or sound management, is to have individual desires and ambitions coincide with, rather than oppose, benefit for the general public. Too often in our structures the opposite is true, and in those situations the public usually loses out, because no state is powerful enough to imprison everyone, and if the power were there, who would be left to do the work? It is easier for tyrants to prohibit certain activities than to compel them, although even Prohibition proved extremely difficult to enforce.

There are many variables in all these situations, far more than we could name. Certain principles of human behavior can be identified. We are certain there are others, of equivalent importance, and we seek them. Here are six:

1. People act in what they believe to be their own interest, even though in many situations they are mistaken.

2. People tend to defend their relatives, friends and neighbors against external authorities, if they have the opportunity to do so.

3. People often do not believe the words of elected and appointed officials, because frequently they have turned out to be false.

4. People resent wealth and success in others which they feel to be undeserved, based on connections rather than merit.

5. People want their children to do well, and will make some sacrifices to achieve that purpose.

6. People have a sense of fairness, and do not like others who attain or retain power by violating common standards of decency.

Suggestions as to other principles of behavior are invited from our readers, and may be added to the list.

Anyone with particular knowledge of how these principles apply to the operation of public agencies is encouraged to share thoughts and observations with us. You may write anonymous, pseudonymously, initially or under your own name. Your wishes will, of course, be respected.

Tuesday, April 12, 2011

Black Thursday

Mayor Fires Chancellor Black

After 97 'Unsatisfactory' Days


We were surprised today to learn that Mayor Bloomberg dismissed his hand-picked Schools Chancellor, Cathie Black, after 97 infelicitous days as chief of New York City's school system. The mayor did not set a speed record, however, in dismissing a commissioner who did not work out.

That distinction falls to Mayor Edward I. Koch, who took just 74 days to fire Robert J. Milano, whom Koch had appointed Deputy Mayor for Economic Development at the start of his first term in 1978. Milano died in February 2000, and Koch said today that they parted ways because Milano wanted to expand his agency and Koch wanted to shrink it.

Ms. Black was never able to counter the wave of negative judgments that followed her appointment by Mayor Bloomberg on November 9, 2010, a scant hour after the departure of Joel I. Klein, who had set a record for length of service. Klein was chancellor for more than eight years, Bloomberg having appointed him on July 29, 2002. Ms. Black also set a record, for brevity of service.

In general, Mayor Bloomberg has been praised for the quality of his appointments to high city positions. He has a Committee on Appointments, led by the highly respected former Deputy Mayor (under Koch), Nat Leventhal. The Black selection was out of character and did not follow the normal pattern of vetting potential candidates. It is suspected that the mayor was more than willing to dispense with the services of Chancellor Klein, whose luster had been dimmed by Federal statistics indicating that the academic achievement of New York City students was not as great as Mr. Klein had led New Yorkers, including perhaps the mayor, to believe.

The beleaguered mayor deserves some credit for firing Ms. Black before she became a further embarrassment. He showed that he could dismiss his own appointees, even if that leads to the conclusion that he made an error in hiring them in the first place. It should also be pointed out that although this is the tenth year of his mayoralty, it is the first time that such an inappropriate appointment was made, and he corrected it on his own.

We were highly skeptical of the Black appointment from the start, and wrote about it twice. On November 10, we wrote, under the headline KLEIN OUT, BLACK IN. DOES SHE KNOW HOW TO TEACH THE 3R'S?:

"One would imagine that if one were seeking to fill the most important school superintendency in the United States, some person could be found who was both a brilliant manager and had some experience in public or private education. The appointment was not required to have been announced within minutes of the news of Joel Klein's resignation to enter the field of publishing."

On November 12, under the headline, UNWEIGHTED BY EXPERIENCE, CATHIE BLACK SEEKS WAIVER. WILL MAYOR'S WISH PREVAIL?, we wrote:

"No truly independent screening panel of educators is likely to conclude that no experience whatsoever in their professional field is adequate preparation for the most difficult and complex job in local public education. If they felt that way, they would be expressing the view that their own professional qualifications had little value, and that any corporate executive could fill the positions they now hold...

"It could be said that the chancellor, a person whose importance is comparable to that of the police commissioner, should be a person of impeccable and undisputed credentials, a Horace Mann of the 21st century, if such a person could be found and persuaded to take the job. To select a chancellor with no background whatsoever in education is certainly a daring leap of faith."

The leap of faith has not led to a happy landing, and the plug has pitilessly been pulled on the publisher. President Kennedy and thousands of others have said that public service is the highest calling, if it is done wisely and well. If it is not, one finds another person to serve. The republic will endure. So will Ms. Black.

The task now falls on Deputy Mayor Dennis Walcott. We have known him for many years, and we like and respect him. This will be the most challenging task he could possibly attempt. We hope he succeeds.

One piece of advice for Mr. Walcott: Call Diane Ravitch and Sol Stern. You don't have to do everything they say, but you should listen to them carefully. They can tell you a lot about the system for which you are now responsible. They are not bound by the mistakes of the past, and neither should you be. There are over a million children out there for whom you should be a great hope. Do everything you can not to let them down.

Wednesday, March 09, 2011

The 30% Solution

50% Grab Cut to 30%

But It's Still a Chunk

Of Principals' Junk



Last Thursday we reported about an injustice at the Department of Education, a decision by Tweed to confiscate half the money principals had saved from their budgets to deal with the severe cuts expected in the FY 2012 budget, which begins July 1.

The clawback was denounced by the principals of the affected schools, who said that their efforts at economy had been rewarded by headquarters seizing half the money the saved, unless they spent it by March 18. That would encourage wasteful spending to beat the deadline.

Yesterday the city retreated, by reducing its bite out of the schools' savings from 50 to 30 per cent. The story is told on A22 of today's Times in an article by Fernanda Santos, under the headline CITY AGREES TO TAKE LESS OF SCHOOL PRINCIPALS' BUDGET SAVINGS. Her lede:

"The New York City Education Department said Monday that it would allow principals to roll more money than anticipated from this year’s budget into next year's, but that they would still have to return some unspent money to the school system headquarters.

"Knowing that budget cuts were quite likely, many principals tried to stash some of this year's money, but Schools Chancellor Cathleen P. Black informed principals last month that the city would take 50 cents for every dollar they had managed to save. They protested that they were being punished for frugality, and on Sunday, Mayor Michael R. Bloomberg said during a radio interview that they had a point.

"The chancellor and the mayor met on Monday afternoon at City Hall. Afterward, the Education Department announced a compromise: The principals would have to return 30 percent of the money, or, as the department explained in a brief statement, the money would 'carry a 70 percent' in the school year that begins in September.

"Principals were not exactly appeased..."

The rest of the article contains the principals' objections and the chancellor's rationalization for her action and volte-face, and the mayor's approval of the result.

In our article Thursday, we speculated (we do not know) whether the original decision to take back the money which had been promised to the schools came from the chancellor or the Mayor. We thought that if the clawback came from Ms. Black, the mayor would have no trouble over-ruling her, since she is his creature. If the Mayor really wanted the cuts made, he would be unlikely to retreat completely. That is not his nature, nor is his obduracy necessarily a negative when dealing with matters of principle.

The 30 per cent solution is somewhat mystifying. The obvious compromise is to cut the baby in half, changing the clawback from 50 to 25 percent. The extra nickel being withheld is a symbol of who rules the roost, and it is not the principals, even though most of them were originally chosen by the Tweedlings. The amount of money at stake here is not great, the 5 percent difference comes out to $4 million citywide out of a budget that exceeds $21 billion, or less than one-fiftieth of one per cent, which is truly minuscule, except as a demonstration of power.

If Tweed wanted to change the rules of reimbursement, it should have done so for the next fiscal year, rather than allowing principals to make savings and at the last moment telling them they could not spend half the money they saved unless they bought tchotchkis within two weeks. That looked silly to everyone, and caused some embarrassment to the new Chancellor, whose reputation is based on her cost-cutting achievements as a publisher of Hearst magazines.

The mayor came to the rescue Monday afternoon with what appeared to be a compromise. The odd figure (30 percent) may be intended to convey the impression that the result is based on some rational computation, rather than simply patching over a mini-storm caused by promulgating an arbitrary scheme which undeniably would disappoint many more people than it would please, as well as carrying the odor of adults breaking their promises to children.

The money itself doesn't amount to a hill of beans, considering the huge size of the education budget. The switch shows that the mayor is responsive to reasonable criticism. The lesson for Tweed is to fight for principles, not against principals. This suggests Rule 21-W-1: "When will they ever learn?

Friday, March 04, 2011

Tweed Still At It

Tweed Undercuts Principals

By Grabbing Half Their Nuts


We tend to write about what we view as major injustices, which means that minor injustices receive short shrift.

The Department of Education can briefly and appropriately be referred to as Tweed, referencing its abode at 52 Chambers Street, a building whose construction enriched the Democratic county leader at the time to an extent unmatched until the advent of CityTime 140 years later. The schools had been run since 1940 out of 110 Livingston Street, in Brooklyn, an address that in time became a metaphor for waste and bureaucracy. Rejecting figurative suggestions that it be blown up, the city sold the building and it is now a convenient if uninspired condo.

Those educrats not pensioned off reconstituted themselves in Tweed, a 19th century relic at the northern end of City Hall Park. Seized by idealism, the Tweedlings set up a City Hall Academy, a charter school to share their building and remind its occupants who they were supposed to serve. The children shortly afterward disappeared and the Academy was relocated. One doesn't use an executive suite for manufacturing, even in education.

The move to Manhattan does not appear to have drastically affected the thought practices of the Tweedlings, who reorganized the school system several times in a few short years. Their claims of educational achievement were debunked by state officials last July, and the longest-serving chancellor departed in December.

Although this is not a cosmic issue, it deserves more public scrutiny than it has yet received. What the Tweedlings have done this year is to renege on an agreement which allowed school principals to defer a small percentage of the annual appropriation for their school until the next year, to enable them to retain teachers or offer new programs. These are expenditures they would be unable to afford unless they were allowed to keep some unspent funds.

One of the key goals of education reform under mayoral control was to increase the authority of principals, while at the same time holding them responsible for the success or failure of their students. The principal was to be treated as the CEO of a school, not as a bureaucrat at the bottom of the Tweed totem pole.

This year, Tweed has notified the principals that one-half of the money they have saved and set aside will revert to headquarters if the money is not spent this year. The deadline for "use it or lose it" is now March 18.

The arbitrary decision to cut in half the small percentage that the principals can use to alleviate next year's budget shortfall flies in the face of Mayor Bloomberg's sound fiscal management, where he set aside two billion dollars to meet the revenue deficit that was anticipated with the Great Recession. The reason the city has fared so much better than the state government is that while the state legislature continued to spend recklessly as the crisis deepened, the mayor and the city council had foreseen the fiscal disaster and provided for it to the extent that they could.

The decision to renege is attributed to Schools Chancellor Cathie Black, who according to the Post, "dropped the bombshell in her weekly letter to principals telling them half the funds they manage to set aside for the next school year will be diverted to the DOE's central coffers."

A timeless fable that casts light upon this dispute, "La cigale et la fourmi" ("The Grasshopper and the Ant") was told by La Fontaine in the l7th century. The parable recounts the story of a grasshopper who spent the warm months singing, while the diligent ant dedicated his time to gathering food. Come winter, the grasshopper finds himself starving and begs the ant for help, but the ant instead admonishes him for his improvidence.

I feel it is appropriate to cite the tale here because we had to memorize it in Mr. Clement's French class at Junior High School 52 in Inwood. Later, I learned the fable was first written by Aesop twenty six hundred years ago, but since we were taught French and not Greek, we had to read La Fontaine's version.

The predicament of the formic principals was well related by Sharon Otterman in the February 17 New York Times, PENALTY FOR NEW YORK CITY PRINCIPALS WHO SAVE.

Her story concluded with this quote: "Ed Tom, principal of the Bronx Center for Science and Mathematics, a small high school, said he faced losing $125,000 from the $250,000 he had planned to save for next year enough for a year's afterschool program. 'I am in shock,' he said. Speaking of the central offices of the Education Department at Tweed Courthouse, he said. 'This money rightfully belongs to the school community, it doesn't belong at Tweed."

The Post's education reporter, Yoav Gonen, wrote for the February 18 paper, under this headline: FRUGAL PRINCIPALS FEEL BLACK'S 'PINCH'. His lede: "Frugal principals who manage to squirrel away rainy-day school funds to offset pending budget cuts are livid over a Department of Education bid to pinch half their savings."

Gonen quotes Sean Walsh, principal of IS 291 in Brooklyn. "This is insanity. It's saying whatever you put into this deferred account, you only get 50 percent back without any rationale as to why and what it would be doing to support the system as a whole."

The Post spoke to other principals, and reported: "Many were outraged about being punished for exhibiting the same sound fiscal management that Mayor Bloomberg has repeatedly touted as the impetus for Black's appointment as chancellor."

City Councilmember Elizabeth Crowley of Queens held a press conference today with several other elected officials at P.S. 128 in Middle Village protesting the Tweed directive. "Taking 50% of our schools' reserves will to do little to close a budget gap but will have a big impact on the programs schools can provide for our students," said the councilmember. "We are telling the Mayor and the DOE to not cut our schools reserves - it's bad education policy, it's bad management policy and it's bad budget policy. The DPPI [Deferred Program Planning Initiative] has allowed our schools to be fiscally responsible and ensures that money meant for our local schools, stays in our local schools. For the DOE to tap into schools' budget funds and blame budget deficits is disingenuous." Four elected officials joined in her statement.

It is hard for us to believe that Cathie Black ordered this policy shift on her own, breaking faith with the principals who are considered the cornerstones on which Mayor Bloomberg's program to reform the schools is built. Across the five boroughs, the total amount saved by the principals was around $80 million. Why should Black impair her own credibility by taking less than $40 million (the 50%) away from the schools to return to headquarters, when the Department's total budget exceeds $20,000,000,000? (That is twenty billion dollars, if there are too many zeroes to count.) Also, the fact that the principals have until March 18 to spend the money means there may not be any financial savings at all, just a lot more school supplies and toilet paper purchased.

The closer one looks at this episode, the odder it appears. One would think that this administration, in particular, would want to encourage initiative by principals through giving them a small percentage of their school budget to save for a rainy year, 2011-12. Why should high officials undermine themselves by tampering with prior promises? What is really the reason for this flip-flop, which has irritated so many people who are devoted to the schools?

There are two theories. Either this policy perturbation originated in City Hall, or it did not. Was Cathie Black being set up to take the fall? Assuming good intentions, and rejecting unproven conspiracy theories, let us believe that the decision was made at Tweed, either by Ms. Black or one of her staff members. If that be the case, the mayor can straighten out the situation in a flash - that is why we have mayoral control of the schools, which we all supported in 2003, and continue to support today because whether or not we have increased literacy, we do have more accountability. The mayor is clearly accountable, as he wanted to be.

If this mess originated with Ms. Black, she should be reminded that this is not the Hearst Corporation, which is a hierarchical corporate structure in which the views of underlings count for naught. There are over a thousand principals here, men and women generally deserving of considerable respect, who do happen to have educational credentials to justify their appointment. Why should these leaders be subjected to what amounts to a purse snatching?

If this scheme came from one of her staff, he or she should receive the same due process the Intifada principal was given, and assigned duties in which misjudgments will not cause public embarrassment and create ill will.

It is an extraordinarily difficult task to teach children, many from deprived backgrounds, to read, write and cipher. A frightening story that appeared today on the Times's website (which presumably will be in tomorrow's paper), CUNY ADJUSTS AMID TIDE OF REMEDIAL STUDENTS, by Lisa W. Foderaro, casts light on just how great are the challenges the Department of Education faces, if it is to make its graduates literate.

It is fair to suppose that the best ways to teach may not yet have been discovered. The point of today's article is not to take DOE to task for the performance of its million students; we may not know any better than they do on that subject. What we do know is that it makes sense to keep one's word, and not to take away what has been given, not to alienate the people you rely on to lead, and not to conceal what is being done or who has done it.

If one conducts oneself properly and obeys the rules of civilized behavior, people will be more likely to believe that what one is doing on more important matters is credible and makes sense.

The appropriate words here are those that Mayor Bloomberg for years has addressed to every commissioner just after he has appointed them: "Don't [mess] it up."