Members bite back on Trusts gag order rule
By Lincoln Anderson
Several members of the Hudson River Park Trusts board of directors found it hard to swallow a new set of rules the authority is proposing that would effectively ban the 13-member board from speaking to individuals outside the board about pending matters concerning the Hudson River Park.
What some are criticizing as a gag order was discussed at the Trusts board meeting last Thursday at Pace University. Specifically, the language proposed for approval was: Trust directors, officers and employees shall avoid any unauthorized ex parte communications concerning a pending matter and avoid comment about such a matter outside the Trust directors, officers and employees official duties.
The rule on board members outside communications was tacked onto a code of ethics that the Trust is in the process of trying to adopt. The Public Authorities Accountability Act of 2005, signed into law by Governor Pataki a few months ago, requires every New York State authority to, among other things, adopt a code of ethics that, at a minimum, includes standards established in the states Public Officers Law.
However, four board members expressed reservations about limiting board members speech to nonboard individuals.
I think that its an infringement on our free speech, basically, said Julie Nadel, a Tribeca waterfront activist.
Former Parks Commissioner Henry Stern, said, This raises not only a First Amendment issue but a whistle-blower issue. People should have a right to speak out. I am troubled by this because of the potential barriers to free speech. This is not the United States Supreme Court where every communication is strictly regulated.
Former State Senator Franz Leichter, a co-author of the parks founding legislation, said, If we appear at a public event, a community board, if were asked a question, its very unclear what we can comment on under the proposed regulation.
Joe Rose, a former City Planning commissioner, also raised concerns about curbing board members communications.
On the other side of the debate, Diana Taylor, an appointee to the board of Gov. Pataki, spoke for more discretion outside the board.
We need to be careful about what were doing and what the staff is doing, said Taylor, who is also Mayor Bloombergs girlfriend. She said the Trust should have a state-of-the-art ethics document.
Nadel has criticized several Trust decisions in the past including its ouster of the historic Yankee Ferry last year. She said staffers were grotesquely irresponsible when they ordered the power cut to the vessel, which is on the national register of historic places Weve got a new governor next year and five new appointments to the Trust, she said last year during the Yankee dispute. It can only get better for historic ships.
After last weeks meeting, Nadel said she wasnt sure if her criticisms had anything to do with the proposed rule change. I have my inner thoughts about it, but I dont know, she said.
On the rule change, she said: The way it was written amounted to censorship in the guise of ethics. I dont know if it was intentional or unintentional. All I know is what I read. I was happy with the discussion and comments the board members made. I dont think that its enforceable.
Nadel, like Leichter, is an appointee of Manhattan Borough President Scott Stringer. The governor and mayor share effective control of the Trust with five appointees each, but Stringer has three appointees who control two votes on the board.
Stringers other appointee to the board, Larry Goldberg, offered support for the new guidelines, indicating he didnt feel they were that onerous.
I read them as vanilla, Goldberg said. People dont talk to other people during the contracting process [but if they do] that causes lots of problems, he said, referring to how contractors bidding on park projects could be affected if board members discuss the bidding or other aspects of the job.
Charles Trip Dorkey, the boards chairperson, called it disrespectful to raise questions about the ethics code, since it was the third version that the board members had seen.
But Leichter said that the final product, not the process, is what really matters.
I think its more important that we pass something correctly, he stressed.
Adrian Benepe, the citys Parks commissioner, said he didnt have a strong opinion on the proposed regulation, but that when two individuals like Leichter and Stern, with long unblemished records in government, take issue with something in an ethics code, it bears listening to.
Nadel proposed that the board just adopt the standard ethics code without the speech curb but Dorkey said he didnt share her view.
Due to the concerns expressed at the meeting, Dorkey agreed to hold off on a vote on the ethics code. At the suggestion of Rose, Dorkey agreed that a governance committee be formed to look more carefully at the regulations.