Q&A
Discussion on litigation as a strategy to delay or prevent policy implementation
0:47:52
·
140 sec
Council Member Powers raises the concern that litigation is often used as a strategy to delay or prevent policy outcomes. Mastro responds to this concern and explains how his experience can benefit the city in such situations.
- Powers suggests that litigation is often used to delay or prevent outcomes, regardless of stated intentions
- Mastro argues against accepting such a broad proposition without considering specific facts and parties
- He emphasizes the importance of having a Corporation Counsel who understands these tactics and can proactively work to protect the council's objectives
- Mastro highlights his experience in both challenging and protecting city interests as a valuable asset in his potential role
Keith Powers
0:47:52
But miss Roger, would you agree that litigation is a strategy to prevent outcomes or delay outcomes even if you state on the state in your mission statement that you agree with a certain issue.
0:48:04
I'm not saying you are doing this.
0:48:05
I'm saying, but often it's a strategy utilized in order to prevent something from happening.
0:48:11
So regardless of whatever the mission statement is of any organization or group, litigation is part of a strategy to delay an outcome or prevent an outcome.
Randy Mastro
0:48:19
I I I I I couldn't accept such a broad proposition unless you look at the specific facts and the specific parties involved.
0:48:27
I can only tell you this.
0:48:29
The small landlords in in the in the cases, the condo co op association and local197 case, the small landlords in the GMAX case, they they do believe in those principles.
0:48:42
In those small condos and coops, They spent tens of 1000 of dollars to reduce carbon emissions and succeeded in the years preceding the new law, and they're concerned about the effects of the new law when they invested in complying with the old law.
0:48:58
Same thing in the GMAX case about retroactive amendments.
0:49:01
My point being this, one size doesn't fiddle.
0:49:05
You have to look at the facts of each case, but let's assume that there are cases like you're talking about where litigation as a strategy, all the more reason why you need a court counsel who understands that and is proactive in advance helping you as a counsel draft your legislation, create the administrative record that supports it so that when these cases go to court and there are some parties who do what you suggest, chair powers, we will be ahead of the curve and defeat them promptly and quickly and achieve your objectives.
0:49:38
That's what I do as a lawyer.
0:49:39
That's the value I bring to the table, understanding those issues, having litigated them, and understanding your priorities.
0:49:47
I live to serve your priorities, your policy objectives, and I will make sure that we are in the best position to defend you in court because I've been there, and I know what it takes to challenge the city, and I know what it takes to protect the city, and I will protect you.
Keith Powers
0:50:04
Okay.
0:50:04
Thank you, Mister Hatcher.
0:50:05
I'm just in respect of time, I wanna I'll come back with for for the round of questions.
0:50:09
We're not gonna go to the speaker for random questions.
Adrienne E. Adams
0:50:12
Thank you.
