Q&A
Questions about supporting the Public Advocate's right to information and potential litigation
5:04:56
·
4 min
Jumaane Williams questions Randy Mastro about supporting the Public Advocate's right to information and how he would handle potential litigation between city entities.
- Mastro affirms his support for the Public Advocate's right to receive timely information
- Williams raises concerns about past instances where the Public Advocate was prevented from suing the city
Jumaane Williams
5:04:56
Do you support the right of the New York City public advocate to receive timely information regardless of the method of how it was requested to fulfill New York City's charter mandated oversight serve as an appropriate check on administration.
Randy Mastro
5:05:09
I do.
5:05:09
And Betsy got Emma's here today, will tell you that I've represented her in advising around such issues when she was public advocate.
Jumaane Williams
5:05:16
So would you engage litigation to prevent the charter mandated work of the public advocate?
Randy Mastro
5:05:21
Of course, if the public advocate had a claim to bring against the city and I believe that the public advocate was legally right, evaluating consistent with the law and the interest of the city, I would represent the public advocates.
Jumaane Williams
5:05:34
So there are times when I, as a council member, I, as a public advocate, has tried to sue the city, and we were thrown off cases because the definition of city and legal dispute between that office and administration.
5:05:48
Was found that I couldn't as a as a council or I couldn't as a public advocate because I am the city.
5:05:54
So I think that's more practice than was actually the charter.
5:05:58
How would you navigate that if I am trying to sue the mayor or the council is trying to sue the mayor, would you assist in that happening?
5:06:08
And how would you get around that excuse that's always used when we try to do that?
Randy Mastro
5:06:11
I would I would make sure there was a team from the law department to evaluate your claim and your rights.
5:06:17
I would try and facilitate dialogue with the administration to address the problem before it needed to go to court, which is what I will intend to do on all issues.
5:06:26
And if it nevertheless was a breakdown, and have the court council's office would have to make a determination which side to represent.
5:06:34
And if the decision were made to represent one side or the other, I would facilitate getting independent counsel for the other side and facilitate the transfer of
Jumaane Williams
5:06:43
Who would pay for
Randy Mastro
5:06:44
the files to that to that party so that they would be fully represented in any event?
Jumaane Williams
5:06:50
Who would pay for that?
Randy Mastro
5:06:51
Well, in in retaining outside counsel, which happens in a lot of cases, including some of the ones that the city council is involved in right now, that is something that the the city permits to be paid for by the city.
Jumaane Williams
5:07:05
Well, in that case, you come out of one of our budgets, which we may not have that kind of money for.
5:07:10
Which is why corp counts will be best because we don't have to pay corp counts.
Randy Mastro
5:07:15
I I understand, and I am telling you that there are issues you have with the city.
5:07:19
There will be a there will be a dedicated team
Jumaane Williams
5:07:22
And who will make a decision?
5:07:24
Of which side the court council represents.
Randy Mastro
5:07:26
I'm sorry?
Jumaane Williams
5:07:27
Who would make the decision upon which side court council represents?
Randy Mastro
5:07:30
Well, ultimately, court council in the law department evaluating the issue, the facts consistent with the law, and in the vicinity of the city would make a determination of which party to represent.
Jumaane Williams
5:07:43
Yeah.
5:07:43
My my concern is that in pattern and practice, that has meant the mayor gets court counsel's support gets court counsel's advice gets court counsel's legal defense.
5:07:54
And the rest of us don't are not able to benefit from that.
5:07:59
And I will say my concern comes from some of the decisions you've made in the past.
5:08:03
Some of it also comes from this particular administration that has shown they've not too keen on transparency, on accountability, and they are very keen on loyalty.
5:08:13
And there's a huge concern.
5:08:15
I haven't heard that alade now that the decision that will be made will primarily be on behalf of the mayor.
5:08:23
And I haven't really heard anything even though I've tried to ask some questions and examples to me that would lay ups.
5:08:28
Okay.
5:08:28
If this was the case, we would support the council or we would support the public advocate.
5:08:35
Or controller for that example.
5:08:37
And that is where my concern is based on who you have been as a counsel as a attorney, based on who this particular administration is.
5:08:45
My biggest concern is that US court counsel would be primarily defending and doing the duty of the mayor.
5:08:53
I will say what I'm about to say now is just pure hearsay, so it is what it is.
5:08:57
But from folks I have spoken that you've spoken to, I've also said that that you'll be loyal to the mayor, and that that just concerns me.
5:09:04
So I just wanna say how loud that is probably the biggest concern.
5:09:08
I've added some based on some of your testimony here, but it is very concerning.
5:09:15
I don't know that you've laid any of it I just wanna make sure I didn't miss any any questions.
Randy Mastro
5:09:20
Okay.