Merit Matters Press Release
December 2, 2011
While the lawsuit against New York City and the FDNY has produced some truly ridiculous and confusing rulings, arguments and statements one thing has remained consistent and well understood - the apparent contempt held by Judge Nicholas Garaufis for firefighters and the FDNY. Two topics related to firefighting in NYC seem to particularly gall him - the racial makeup of the FDNY and the fact that firefighters have a habit of recommending the job to friends and family. In criticizing us for these sins, however, Judge Garaufis is throwing stones in a glass courthouse.
According to him, because the expensive and extensive efforts to integrate the FDNY (including quota hiring in the 1970s and more than $20 million spent on recruitment since 1989) have not produced a racial balance he is comfortable with, the FDNY is “a stubborn bastion of white male privilege”. Be advised - what has been stubborn is the city’s repeated attempts to integrate, and our employment is not viewed as a privilege, but something precious to work hard for and earn.
White males comprise approximately 90% of the firefighting ranks in the FDNY - almost exactly the percentage of white males in the Federal judiciary. There is a critical difference, however - firefighters earn their jobs via a competitive civil service merit system; Federal judges are appointed via a patronage system where crony politics often intrudes. Now that this similar racial and gender imbalance has been pointed out, perhaps Judge Garaufis will avoid charges of hypocrisy and resign so as to provide an opportunity for a member of an underrepresented group to be appointed. After all, this is what he has imposed on Candidates for firefighter whose hiring he has prevented.
As glaring as the hypocrisy just outlined is, it pales in comparison to the scathing criticism Judge Garaufis has thrown at the FDNY as it relates to friends and family. According to him, any advice or help given by current FDNY members is out of bounds although it is well known that the Vulcan Society also engages in this practice. Let’s examine how friends and family of the Judge are connected to his recent appointment of a Special Monitor for the FDNY.
On November 9, 2011 Mark Cohen was appointed to this position and authorized to review and approve any aspect of the FDNY hiring process as well as to overhaul the procedure for investigating discrimination complaints (the city has vowed to appeal this appointment). Mr. Cohen’s name was not submitted for consideration by any of the parties (and, in fact, the Vulcan Society objected to him for reasons that were not disclosed) but Judge Garaufis chose him anyway; this mirrors the earlier selection of Robert Morgenthau as Special Master for this case. Morgenthau’s name was also not suggested by any party; he was instead chosen by the Judge but had to drop out within four days because of past conflicts with Mayor Michael Bloomberg.
Who is Mr. Cohen? He was an attorney for the Department of Justice in the Eastern District from 1990-1995 and worked at a private law firm after that. He has been described as not having much civil rights or labor experience, but he does have a law partner named Lawrence Gresser.
Who is Mr. Gresser? He comes from a long line of Queens politicians (Garaufis also has a long history of prominence in Queens politics) and was himself Queens Deputy Borough President under Donald Manes. His wife, Carol Gresser, had been President of the Board of Education, and they are very good friends of Nicholas Garaufis, even attending the annual New Year’s Day party at the Garaufis home after receiving what is described as “a VIP invitation to be treasured”.
Mr. Gresser is also a Trustee of the Citizens Budget Commission from which, as luck would have it, Elizabeth (Betsy) Seidman (wife of Nicholas Garaufis) received consulting fees in 2008, 2009 and 2010. Among the fundamental beliefs of the CBC are a desire to serve the interests of the citizenry at large rather than narrow special interests; a belief that it is wrong to waste precious public resources, financial or human; and that it is important to focus on the well-being of future New Yorkers. I submit that in line with the CBC’s self-described reputation for independence and objective research they should look into the damages possibly visited upon NYC by a narrow special interest group (the Vulcan Society) that is wasting precious financial resources (and perhaps human if fire deaths increase) which may lead to a Fire Department that may not protect future New Yorkers. An inquiry such as this would seem to be a natural for the CBC and I would be happy to assist them.
Who is Michael Tremonte? He was a law clerk for Nicholas Garaufis from 2000 (the year Garaufis was appointed to the bench) until 2001. He then worked for Mark Cohen and Lawrence Gresser from 2003-2008. In 2008 he became an Assistant U.S. Attorney in the Eastern District (where Cohen worked and Garaufis presides). I wonder if any phone calls were ever made on behalf of Mr. Tremonte.
What just happened on the 19th floor at 800 Third Avenue in Manhattan? Well, on November 2, 2011 (one week before Mark Cohen was announced as Special Monitor although his name had not been submitted by any of the parties and was, in fact, opposed by the Vulcan Society) it was announced that the law firm of Cohen and Gresser signed a 10 year lease for that floor, adding to their offices on the 20th and 21st floors. In what I am sure is a complete coincidence, Mr. Cohen’s employment as Special Monitor is expected to last 10 years.
Where does all this information leave us? Should a Special Monitor be appointed to review and approve all aspects of selecting Federal judges? Should the CBC, government agencies or members of the media ask a few questions about the aspects related to the selection of Special Monitor Cohen and the network of family and friends surrounding it?
I at least have one request of Judge Garaufis: if he decides not to resign so as to increase diversity, or forego the benefit of family and friend connections, he should at least have the decency to stop delivering sanctimonious lectures to us on these topics
Anyone with questions or who would like to learn more, feel free to contact me.
Paul Mannix
President Merit Matters
516-848-9847 cell
Note: Mr. Mannix is an FDNY Deputy Chief but does not represent the FDNY in this Release.
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