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Council Member Powers questions nominee Firestone on Tax Commission appointment
1:31:39
·
4 min
Council Member Keith Powers questions Robert Firestone, the nominee for President of the NYC Tax Commission, about his dual appointment and qualifications. The discussion focuses on the need for mayoral authorization for Firestone to serve on both the Tax Commission and Tax Appeals Tribunal, as well as Firestone's experience in real estate law.
- Powers requests written authorization from the mayor for Firestone's dual appointment
- Firestone explains the distinction between the Tax Commission and Tax Appeals Tribunal jurisdictions
- Firestone outlines his extensive experience in real estate law and property tax appeals
Keith Powers
1:31:39
Thank you.
1:31:40
Thanks for the testimony.
1:31:41
Just a few questions here.
1:31:43
You've formed the you've informed the council that if appointed as president of the tax commission, you intend to continue to serve in your appointment as commissioner of the New York City Tax Appeals Tribunal.
1:31:52
Section one fifteen of the city charter provides that no officer shall hold any other appointed office except if the mayor authorizes a person in writing to accept the civil office, and no compensation or salary is provided.
1:32:04
Has the mayor provided a written authorization to you, and have you provided to the city council at this point in time?
Robert Firestone
1:32:11
I'm sorry.
1:32:12
It's little hard for me to hear some of the the
Keith Powers
1:32:15
Sorry.
1:32:15
I said have you provided has the mayor provided a written authorization to you to serve on both the New York City Tax Appeals Yes.
Robert Firestone
1:32:23
Yes.
1:32:24
I mean, we eleven fifteen a requires says you can get a waiver, which we we can get.
1:32:29
We've been informed by by first of all by COIB that there's no conflict.
1:32:33
The tax the tax commission and the tax appeals tribunal have entirely different jurisdictions and they're not overlapping.
1:32:42
The tax commission has jurisdiction, they hear real property tax cases and the tax tribunal has real has jurisdiction to hear income and excise tax cases and there's no there's no overlap, there's no conflict.
1:32:53
So and and all of the prior presidents of the tax commission have also been presidents of of the of the checks of Heels tribunal for the last, you know, the two last few.
1:33:05
But we can get a waiver, and that would be, you know, possible.
Keith Powers
1:33:08
Yeah.
1:33:08
Are you planning to get a waiver?
Robert Firestone
1:33:10
We yeah.
1:33:10
The mayor would issue one.
1:33:12
Sure.
Keith Powers
1:33:12
Okay.
1:33:14
Yeah.
1:33:14
So I think it would be helpful if we got the letter from the mayor that gave the authorization for both just because our our reading of the charter means we believe there there's a need for the mayor to authorize, not a COI interpretation, but a mayor authorization.
1:33:27
So if you can provide that to the council, that would be helpful.
1:33:29
And then the qualifications for tax commission are different from the tax appeals tribunal.
1:33:36
Members of the tax commission are required to have experience in real estate or real estate law.
1:33:40
Tribunal members must have experience in tax law.
1:33:43
I think you've spent your career as a tax associate in private practice and a tax lawyer in the law department.
1:33:49
If there's a distinction between tax law and real estate law, can you just provide us with your understanding of what the distinction is between those two things?
Robert Firestone
1:33:56
Between tax law and real estate law?
1:33:59
Yes.
1:34:00
Well, I mean, real real estate law or real estate taxation?
Keith Powers
1:34:05
It's it's my understanding that the members of the tax commission are required to have experience in real estate or real estate law.
Robert Firestone
1:34:13
Okay.
1:34:14
So you want want to know my experience in the Or Sure.
1:34:17
I'm sorry.
1:34:18
I'm sorry.
1:34:18
Wasn't sure what you were asking.
1:34:19
Yeah.
1:34:20
I've served on in terms of real estate law, I've served on the tax commission as a hearing officer for over eighteen years, during which time I conducted real property valuation hearings on over 26,000 applications.
1:34:38
And I've also heard, many appeals of of of on applications claiming exemption from the real property tax.
1:34:48
I also attended many borough outreach sessions during those eighteen years where I had the opportunity to explain to individual property owners their assessments and how to commence an appeal before the tax commission.
1:35:01
I I've I've in addition to that I've during many of the cases that I supervised and litigated during my thirteen years at the law department and heard on appeal during my eighteen years on tax appeals tribunal involved issues of real estate laws, like the real property transfer tax and commercial rent and occupancy tax and also even corporation tax and unincorporated business tax, I encountered real estate law in many of some of the bigger cases.
1:35:36
So I have the the background in in that area.
1:35:40
And
Mark Ruffalo
1:35:42
That's
Keith Powers
1:35:43
Okay.
1:35:43
Thank you.
1:35:44
Any other questions?
1:35:45
Numbers?
1:35:46
Okay.
1:35:47
Congratulations on your nomination.
1:35:48
Thanks so much.
Robert Firestone
1:35:49
Thank you.
Keith Powers
1:35:50
Thank you.
Robert Firestone
1:35:50
Thank Thank you so much.