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New York Daily News
I-Team Special Investigation
Nov. 20, 2007
BY GREG B. SMITH
DAILY NEWS STAFF WRITER
After leaving his city job,
former mayoral aide Jonathan Greenspun (below) lobbied on behalf of Thor
Equities, which has big plans for Coney Island.
Albans/News His new firm didn't detail
whom he sought help from, in apparent violation of law.
Lobbyists for some of the city's biggest corporations and
developers are hiding the names of city employees they've tried to influence in
apparent violation of the law, a Daily News probe has found.
Last January, a new was past requiring all lobbyists to list
by name all city employees they've pressed to obtain tax breaks, zoning
changes, contracts and other perks for their clients.
The News found 95% of the 264 lobbyists who filed reports
this year failed to reveal the names of the so-called "targets" they
lobbied on their registration forms.
As a result, the public has no way to know which levers most
well-paid lobbyists are trying to pull for their powerful clients.
On Friday, Acting City Clerk Michael McSweeney, whose office
monitors lobbyists, ordered an investigation to ensure the law is enforced in
response to the ongoing News investigation of lobbyists.
"People are supposed to be following the law,"
McSweeney said. "They're supposed to specifically state the people that
they're lobbying and the subject matter upon which they are lobbying. The law
is clear.
"Based on what we've seen, clearly a lot of people are
not adhering to that as specifically as required."
The lobbyists could face fines and even prosecution on
misdemeanor charges.
Mayor Bloomberg enthusiastically supported the new law as a
way to shed light on what used to be back-room deals.
Lobbyists were told to attend training sessions to learn how
to fulfill the new law's requirements. Some lobbyists did and included detailed
lists of names.
For instance, Bryan Cave LLP, a lobbyist law firm based in
Manhattan, carefully recorded the names of all city employees with whom the
firm's lobbyists met.
Atlantic Development Group, for instance, paid Bryan Cave
$12,544 this year to seek a permit to build affordable housing.
Records show the lobbyists reached out to Robert Dobruskin,
an administrative city planner, and David Karnovsky, a lawyer in the city
Planning Department.
"We take the lobbying requirements very seriously
because we believe the city takes them seriously," said Robert Davis, one
of the firm's lawyers.
In contrast, there's Jonathan Greenspun, who left his job as
commissioner of Mayor Bloomberg's community assistance unit in June 2006 and
registered as a lobbyist for the firm FHGR.
The law prohibits former city employees from lobbying any
city agency on matters in which they had personal involvement while city
employees. None of Greenspun's filings reveals the names of the city employees
he lobbied.
During his years working for the mayor, Greenspun served as
a liaison with numerous city agencies, including the Department of Buildings
and the city Economic Development Corp. (EDC).
Immediately upon leaving the Office of the Mayor, Greenspun
began lobbying both the Buildings Department and the EDC on behalf of seven
corporate clients seeking zoning changes and city contracts, records show.
That included representing Thor Equities in its quest to win
EDC aid to develop an amusement park and condos in Coney Island; his firm got
$167,000, records show.
The records do not show the names of people who were
lobbied. Greenspun declined to comment, but his partner Mike McKeon said he
would not release the names because his lawyers said the forms comply with the
law.
In addition, the forms raise another issue. City employees
are barred from lobbying their former colleagues for a year after leaving
public service.
Greenspun's lobbyist firm, FHGR, insists Greenspun only
lobbied employees in city agencies, not employees of the mayor's office.
Some records back that up: Van Wagner Communications, a
billboard company, paid FHGR $50,000 to lobby on an unspecified "local
law." The record states Greenspun lobbied "only" the Buildings
Department, while his colleague, McKeon, lobbied the mayor's office.
But other records list Greenspun as one of several FHGR
lobbyists lobbying the "Office of the Mayor" on behalf of several
clients during the year he was supposed to be banned from doing so.
Alabama-based Intergraph Corp., for instance, paid Greenspun
and FHGR $132,000 to lobby the mayor's office and other city agencies on
"security technology" within the year after Greenspun left City Hall.
McKeon said Greenspun was "extremely scrupulous"
to avoid breaking the law on the one-year ban, seeking a ruling from a city
ethics attorney and FHGR's counsel.
"He was very diligent in making sure that everything he
did was right and proper," McKeon wrote in response to e-mailed questions.
"He did not speak to any mayoral staffers about any client business at all
during his ban."
McKeon said he handled all contact with the mayor's office
during Greenspun's one-year ban.
Last month The News revealed that another mayoral aide,
Anthony (Skip) Piscitelli, lobbied his former colleagues within a year of
leaving public service.
Piscitelli's lobbyist firm, Wilson Elser, did not list the
names of the mayor's aides Piscitelli lobbied on its 2007 forms, records show.
Disputing the law's fine print
It's impossible to know which employees were lobbied by
former politicians such as ex-Council Speaker Peter Vallone Sr. and ex-Queens
Borough President Claire Schulman.
Vallone says he followed the law, which states lobbyists
must report "the person or agency before which the lobbyist has
lobbied." He interprets that to mean one or the other.
The city clerk's instructions to lobbyists state otherwise,
spelling out that if a lobbyist contacts a city employee on behalf of a paying
client, he must reveal that person's name. The city clerk's office said it will
examine Vallone's filings.
Schulman said she was unaware that she was required to list
the names of those she lobbied on behalf of a Queens developer who wants to
develop two sites in Forest Hills. When asked, she volunteered the name of city
employee John Young.
"I didn't like doing it to begin with," she said.
"I don't like being a lobbyist or a consultant. It's just not my
thing."
gsmith@nydailynews.com