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“We’re Starting From Scratch!” Says Developer Getting Brooklyn Heights Library Site- So How Tall Luxury Building Replacing Library Will Be And What It Will Look Like Is Unknown!

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Eeny, meeny, miny, moe- What might the luxury tower proposed to replace the Brooklyn Heights Library looks like?  We don’t now how tall or what shape, or anything, because the developer is “starting from scratch” stealing shamelessly from his competitors
The big, takeaway-with-a-gasp headline from the Tuesday, October 7th “Community Advisory Committee” meeting about selling and shrinking the Brooklyn Heights was that the developer said that he couldn’t say how tall the luxury tower replacing the Brooklyn Heights Library will be or what that building will look like, because, now that his company has been awarded the bid for the library site, they are“starting from scratch . .  just beginning” and that he could “now shamelessly steal” from his competitors to design what might actually be built.

Invisible Dog, Invisible . . . .

Ergo, a tricky feat was managed: While the CAC meeting had aspects of a dog and pony show where Brooklyn Public Library President Linda Johnson and cohorts were self-congratulatorily announcing their plans with an odd sense of certainty and inevitability, there was a certain invisibility to both the dog starring in the show (a library proposed to be vastly shrunken) and the pony (the luxury tower).
Version of Proposal F released by the BPL- Without the Saint Ann's development rights included to make it taller?
How tall might the luxury tower be and what might it look like?  If David Kramer and his Hudson Companies are stealing shamelessly from his competitors that means that anything that was previously possible or under consideration is still possible and under consideration.  It means the tower might, in height, be the equivalent of 45 to 55-stories.  That’s what was being looked at in terms of “Proposal F.”  See the analysis done of all the previously competing designs when they were presented:  Monday, December 16, 2013, Tall Stories- Buildings Proposed To Shrink The Brooklyn Heights Library: Brooklyn Public Library Publishes Seven Luxury Building Proposals To Shrink Away Brooklyn Heights Library.

There is an incentive for the developer to make his building as tall as possible that was highlighted in the Request For Proposals (RFP) that the BPL and New York City Economic Development Corporation issued that touted to developers the benefits of buying the library site.
The site enjoys park views to the east with the prospect of achieving views of Manhattan and Brooklyn skylines, as well as of the New York Harbor and bridges.
(See: Friday, September 20, 2013, Forest City Ratner As The Development Gatekeeper (And Profit taker) Getting The Benefit As Brooklyn Heights Public Library Is Sold.)

By making two choices the developer increases the number of luxury apartments that will vault into the heavens high enough to see over the rest of the neighborhood and across the harbor: 1.) make the building tall and skinny, and 2.) go with extra tall floor to floor/ceiling heights.  Each of these choices is all the more likely to be the developer’s strategy in the New York City market where an increasingly large part of the city’s luxury condo ales are comprised of what a New York Magazine cover story referred to has high-end “stash pads,” apartments that are pitched, largely to foreigners, as money-sponge assets, ways to soak up and park illegally obtained or ill-gotten gains now that new post-9/11 laws prohibit Swiss bank accounts from performing the functions they formerly did.  See:  Stash Pad- The New York real-estate market is now the premier destination for wealthy foreigners with rubles, yuan, and dollars to hide, (Why New York Real Estate Is the New Swiss Bank Account), by Andrew Rice, June 29, 2014  and (from the International Consortium of Investigative Journalists) Hidden in Plain Sight: New York Just Another Island Haven, By Michael Hudson, Ionut Stanescu and Samuel Adler-Bell, July 3, 2014.

Image that appeared in the New York Times and elsewhere as if the developer wasn't "starting from scratch" and incorrectly reporting that the tower would be "20 stories"
Asking how tall the new luxury tower might be or what it would look like might have seemed a somewhat stupid, time-wasting question when it was asked, given that when the BPL issued its press release about the selection of a developer an image of a building submitted with the developer’s proposal circulated and appeared in all the press reports including the New York Times.  The question, in fact, was far from foolhardy given the developer’s response.
Two incorrect reports that the new tower would be 20 stories.  On the left the New York Times correction.  On the left, the same incorrect information in a photo caption on the Brooklyn Paper
Another reason it made sense to ask?: After the BPL press release and press conference announcing the developer’s selection there were reporters, including for the New York Times and the Brooklyn Paper, who got the misimpression that the tower would only be 20 stories tall,  The information was incorrectly reported  with corrections needing to be made later.

You also can’t trust pictures that developers release to promote their projects as really being reflective of what the buildings will look like in relation to their environs.  Right now Forest City Ratner is taking lumps for new project renderings that obviously distort, trying to make proposed new Atlantic Yards (aka “Pacific Park” as euphemistically renamed) mega-project buildings look smaller. See these two recent articles: Friday, October 10, 2014, 550 Vanderbilt condo renderings fudge transition from row houses to tower; building marketed along with Nets in China and Tuesday, September 02, 2014, Playing with perspective: how renderings suggest new 18-story tower (smallest of all) almost harmonizes with row houses.  And see these older articles:  Wednesday, December 18, 2013, What's wrong with this picture? Atlantic Yards B2 rendering skews several perspectives, suggests clock tower,  Friday, September 26, 2008, Weighing Scale, and Thursday, September 10, 2009, The Surrounding Light Smears Ratner's Atlantic Yards Arena.
A taller version of Proposal F if Saint Ann's and Ratner development rights were used?
Lastly, another reason to wonder about how tall and large the building actually built might be is that none of the seven renderings previously presented to the public showed the development using all of the available development rights.  . . . . Six of the seven did not show development using the substantial development rights that Saint Ann’s, the private school on the same block (on the other side of the Forest City Ratner building) will transfer in when its zoning lot is joined with the Ratner zoning lot, as the library property is already joined.  From recent details released (the fact that Saint Ann’s is getting a new gymnasium out of the transaction and has been briefing its faculty on the benefits of the library sale and shrinkage for Saint Ann’s) it seems clear that this developer is, now at least, doing business with Saint Ann’s.  But did the developer’s original proposal reflect that fact?  If so, then “Proposal F” by another developer depicting the tallest of the proposed towers was a depiction that didn’t already include the Saint Ann’s development rights, a proposal that when stolen “shamelessly” can be much taller when the Saint Ann’s and unused Ratner rights are transferred in.
Developer David Kramer of the Hudson Companies speaking at the CAC meeting
Here is exactly what the developer said about how the building could be just about any size or shape when was asked about how tall, how many stories the luxury building would actually be.
So we’re sort of starting from scratch and trying to figure it out.  And you know we have different options.  You can have a taller slender building.  You can have a shorter squatter building.  Uhm, and so we are going to look at different options.  So, right now, we’re sort of. . uhm,. .. we’re just beginning.  We have scratch paper and we haven’t finalized uhm, either the floor to floor height for any individual apartment or the shape of the building.

And, in fact, you know an interesting dynamic is we can now shamelessly steal from all our competitors.  There were fourteen proposals and seven finalists.  I got to see six other designs.  Some of them are good friends of mine and I asked if I could go, you know, take a look at their proposal and they greet my request with a combination of anger and (laugh) friendship, uhm . . .and uhm. .  the BHA had good and bad things to say about those seven proposal and we sort of want to, uhm. . . you now, think about it, and see what people like, and what we like, and you know-   You don’t want to have it designed too much by committee, a camel as the joke goes,  . . . But, uhm, we want to. uhm, take a little time to figure it out.
Here is Citizens Defending Libraries YouTube of the developer's statement:

 

Hudson Companies on Library Tower: What Design? We Have Scratch Paper.  (Click through to YouTube for best viewing.)

The Brooklyn Heights Blog has recently covered the proposed Brooklyn Heights Library sale and shrinkage in a series of longer-form articles that are more detailed, considered and informative than is often typical for coverage of such matters.  Nevertheless, covering the CAC meeting it intemperately offered the assessment that:
  . . .  the evening's presentation confirmed that BPL has crafted a well-thought out and realistic proposal to replace an aging but extremely popular local library at one of Brooklyn's most expensive real estate addresses.
(See: BPL's Johnson Holds Her Own Against Opponents of Heights Library Plan; Smorgasburg and Brooklyn Roasting Company Named as Retail Tenants, by Michael Randazzo on October 8, 2014.)

My comment to the blog article (emphasis supplied):
How can there be any confirmation that the “BPL has crafted a well-thought out and realistic proposal” when the developer said that now that he has been selected he will “start from scratch?” Further, how can the BPL size a drastically shrunken library and then decide what the design will be and ask for public input afterward?
Better cover of the CAC meeting appeared in the Brooklyn Brief: Further Details (and Concerns) Emerge at Heights Library Community Council Meeting, Matthew Taub, October 8, 2014

The Known Unknowns About the Library
Above- The existing two-story Brooklyn Heights Library overlaid on the real estate parcel (with boundaries indicated) on which it sits.  That portion highlighted in brighter orange would be the amount of similar above-ground space the proposed "replacement" library would take up.  Hardly enough to be functional, certainly not functional as the central, destination library it has been since it was built. (More here.)
Just as what luxury tower we will get is a black box perfectly set up for bait-and-switches, we similarly know nothing about the library sale, shrinkage and so-called ”replacement” except for the exact size down to which the library is supposed to be shrunk, 21,000 square feet with 15,000 square feet above ground, down from a total 63,000 square feet of space owned and available to the public. . .

. . .  We don’t know:
    •    What assets we are giving up in terms of the existing library and the associated real estate or the value thereof.  A large portion of what we are giving up has only been identified under the treacherously vague rubric of space `not currently accessible to the public’ with no identification of what actual and specific space is being referred to or even how that space was determined as somehow being `not accessible to the public’  or possible not valuable to the public.  As one can see from the visual, the BPL has inexplicably  managed to conclude that the majority of above-ground space at the Brooklyn Heights Library is space ‘not accessible to the public.’

    •    What the BPL would net (if anything) in terms of available proceeds from the library sale (or in terms of overall value in the exchange).  Might there even be losses?

    •    What the “replacement” library would consist of.  At the CAC meeting Linda Johnson was telling individuals attending: “I hope that you will actually participate in the workshop [to conceptualize, design and configure the replacement library].  It sounds like you have ideas about what the library should contain and we’d really like you to be there.”
I asked at the CAC meeting for details about the first two unknowns bulleted above, but Ms. Johnson and the BPL did not provide that information for which Citizens Defending Libraries (of which I am a co-founder) has made the following outstanding request: Open Letter To Brooklyn Public Library President Linda Johnson.

It says something about the abject imbalance of the BPL’s  public priorities that while we as yet don’t knowhow big the developer’s luxury tower is, the one thing we do knowis exactly how small a space the library would be shrink down to, even before consideration of what we will try to include in that space or carry over  from what is presently publicly owned.
In simple bar graph form- The BPL is proposing to drastically shrink the size of the publicly owned space in the Brooklyn Heights Library from 63,000 feet (blue) to just 21,000 square feet (on left) of which just 15,000 square feet would be above ground.  For more visuals that look more directly at the existing building and property to explore what the public would lose at the site in terms of the benefits it is familiar go HERE.
Just 15,000 square feet of above-ground library space?  The Brooklyn Heights Library is a central destination library, at least the second-most-important library in the borough, serving the downtown, and accessible to all residents of the borough, all residents of the city, in fact, at the borough’s most important mass transit hub for both subways and buses.  The last time the BPL was going to create a new, central, destination library, in 2005 before the current library-shrinking and selling regime was instituted, it planned that a new Visual and Performing Arts Library across from BAM would be 150,000 square feet, ten times the size of what the BPL plans as the above-ground replacement library in the Heights.  That’s extremely telling even if that 2005 plan might have sported some of its own boondoggle aspects.

Absence of physical books in the libraries
A mezzanine of entirely empty bookshelves at the BPL's Williamsburg  Library where patron complain there are too few books and the BPL is also shrinkingthe library by giving away an entire additional floor to the private Spaceworks firm.  (Williamsburg is another library in city Councilman Steve Levin's district.)
Set aside the BPL’s suspicious `not accessible to the public’ space calculations: The BPL’s premises for shrinking down the Brooklyn Heights Library and others, selling off their space, is really based largely on the idea of getting rid of physical books.  Physical books take up real estate the BPL wants to sell.

There are two ways in which the BPL is proposing to banish physical books from the libraries:
    •    The library would no longer endeavor to have robust browsable collections of physical books available to the public visiting libraries.  Instead, a reduced collection of physical books, a “floating collection” would be available elsewhere, upon request.

    •    The library will provide books that are digital (many books simply aren’t digitally available), while forcibly weaning patrons away from what it refers to internally as “old-school type analogue books.”
Doreen Gallo of the DUMBO Neighborhood Association is a member of the Community Advisory Committee, and was particularly eloquent about a number of matters during the evening’s meeting, including how, due to prior vetting, members of the CAC did not represent the community or its viewpoints.  Gallo, herself, is an exception to that general observation.

Ms. Gallo zeroed in on the disappearance of books from the libraries, noting how other libraries loved their books, and complaining about the absence of books from the library.  She cited her visits to the Heights library with her daughter (written about in her open letter to Borough President Eric Adams) where it had taken nine to eleven days to obtain a books that they would originally have expected to find at the library when they went and, most recently, how requested books missing from the library had taken three weeks to obtain.

Ms. Johnson's explanation and information about the books that were not at the libraries was as follows.  The BPL is not maintaining book collections at individual libraries the way it used to.  Instead she explained that it has (a smaller) collection of books that “floats” among libraries (likely being where they were last requested) and that these books could be obtained by request. She said that books not at visited libraries “are somewhere else.”  She said that she thought that “nine to eleven” days seemed like "a long time" for it to take to obtain such books and that three weeks “was unacceptable.”

Then she said that the BPL was “monitoring this closely,” maintaining statistics about how long it took to get books and asked an assistant present (Sheila), “responsible for our neighborhood libraries,”  to say a few words about how long its takes to get requested books.  Her assistant said that for patrons requesting books not at libraries there was “usually a week’s turnaround” involved (that sounds like an `average of seven days’ to me, pretty close to the nine days Johnson said was a "long Time") although books could “sometimes” be available in (emphasis supplied) even two days.”
  
Ms. Johnson, apparently unhappy with the answer her assistant statistic-tracker had given, then stepped in to inaccurately restate the information just provided as follows: “If you reserve a book that’s not in your local library it’s usually between two days and a week to show up in the branch where you want it to be.” (Implying an `average of 4.5 days?’not 7.)

Of course, no matter how long it takes to fulfill a request, the valuable “browsing experience” is eliminated.

Later on in the meeting Johnson was criticized for not being a librarian and not having a respect for books.  Indeed, Ms. Johnson talking about "crestfallen" librarians and book lovers has often been quoted in the press talking about how she sees the future of the BPL’s libraries as being largely bookless although she was previously advertising that books stored off-site would be available in "24 hours."  When Jim Vogel, representing state senator Velmanette Montgomery, confronted Ms. Johnson about the absence of physical books Ms. Johnson offered somewhat lamely, "we can get very philosophical here about what it means to be a library"and said that she was sorry if people found her alternative vision for the library "mind-boggling."

It's is sad to see the children’s section of the Brooklyn Heights Library with empty shelves as a result of Ms. Johnson work and alternative vision.
Front page article in the New York Times: “reading to a child from an electronic device undercuts the dynamic that drives language development.”
As fate would have it, the next Sunday, New York Times ran a story on its front page about new studies “that reading to a child from an electronic device undercuts the dynamic that drives language development.”  See: New York Times: Is E-Reading to Your Toddler Story Time, or Simply Screen Time?, by Douglas Quenqua, October 11, 2014.- That’s basically in line with what a survey of the literature published in Scientific American was showing: The Reading Brain in the Digital Age-  Why Paper Still Beats Screens (Why the Brain Prefers Paper), by Ferris Jabr, November 2013.

Smaller Library to Have Fewer Librarians

Along with less space and far fewer books, the "replacement" library would, according to Ms. Johnson, have fewer librarians and a smaller staff.  Ms. Johnson was asked whether the downsizing of the library would result in a reduction in the staff assigned at that location to serve the public.  It was not surprising to learn from Ms. Johnson that a far smaller library would involve staff being cut.  Ms. Johnson said that she did not know "the exact answer" to the question about how many people would be hired at the smaller library, that “the numbers have yet to be determined," but that her hope was that when built the"new building will be a model of efficiency"with a reduced staff that would not have to compensate for the drawbacks of dealing with a library that was of an "improperly" large size.

Ms. Johnson almost made her less-is-more argument sound credible unless you stop to wonder whether libraries as places of exploration and discovery are really meant to to thrive on pared down efficiency.  Is efficiency really always good and how much is it just another pretextual euphemism in this context?

Community Reaction

Pretty much across the board the proposal to sell and shrink the library was not well received.  The opposition to the sale was not informed in advance that there would be an opportunity for the public to say anything or ask questions.   In addition to direct opposition, concerns were expressed about the paucity of dwindling public assets in the neighborhood, so that perhaps a shrinkage of the library would remove one more asset while PS8, the local public school, was still struggling to keep pace with too little space.  The developer's proposal would benefit Saint Ann's, a private school, but not the public school.  The developer said he hadn't been asked to benefit the public in this way, and that if he were required to do anything more to benefit the public he would have wanted to pay less for the property.
Monday, October 6th, the Saint Ann's faculty was getting another briefing about the benefit to the private school of the library being sold and shrunk
Reactions to the proposed sale and shrinkage were not universally, negative.  There was an interesting scattering of individuals who maybe didn't use the library but had decided to come out that night ready to express their enthusiasm for civicly engaging in the workshops to design its replacement that Ms. Johnson was extolling, a replacement they were somehow already sure would be an improvement.  At least one of these individuals wouldn't give her name afterward to an inquisitive reporter.

Certainly, all of the people that got up to speak at the meeting are real people with real lives, but one wonders what to make of remarks made by some of them.  One father who told a story about how his five daughters, hungry to read books from the library, reached the age of nine and then didn't want to go to the very "unappealing" library anymore so that as their father now, beseeched by them, had to run solitary, derring-do errand runs to fetch books.  Speaking derisively of the library, he bet aloud to those assembled that nobody could name another building designed by its architect.  I was standing behind him and named the Grand Army Plaza Library, also designed by Francis Keally.  The BPL places no information about this up on its site, but Ms. Johnson then wanted to quibble about whether both libraries were designed by the same architect or only by his architectural firm.  When others in the audience contradicted this speaker, saying that the library is, in fact, attractive the defended himself by saying, "not according to the library." 

There is a lot to be learned when we communally share our libraries as common assets.  One fellow commented quizzically about the pronunciation of "Llama" he heard used at the library when "Llama Llama Red Pajama"(drawn and written by by Anna Dewdney) by was being read to children at the library.  Llamas are domesticated animals in south America in countries where Spanish is spoken.  This fellow heard the word Llama being pronounced with its original Spanish pronunciation ([ˈʎama]locally: [ˈʝama]or[ˈʒama]).

Need to "Activate" Clinton Street?

There is probably more to say, but maybe it is sufficient to conclude this report of the CAC meeting with one last thing that may have gone unobserved.

The developer, promoting his development, said that Clinton Street, where the library is located, needed to be “activated,” asserting that this is something he knows because he walked his dog there four days a week and because it was something the Brooklyn Heights Association was calling for.  He said his project would activate Clinton Street by having on either side of the entrance to the luxury residential tower “two small retail spaces”: a coffee shop and a space curated by “Smorgasbord” that would have rotating food vendors.

Several incensed members of the community begged to differ about whether they believed this block of Clinton Street in fact needed to be "activated" or was actually better off the way it is now.  Who knows, but certainly it must be in the developer’s mind that Jonathan Butler of the real estate blog Brownstoneris the Brooklyn Flea, isSmorgasbord, and that promoting Smorgasbord and giving it space could likely improve the press Mr. Kramer and his Hudson Companies development firm get in Brownstoner for all the projects Mr. Kramer wishes to push through in the future . . . .

. . .  Which is to say, that when it comes to real estate development in New York City don't expect people in the industry to miss a trick- Something to remember whenever people in power are proposing that we should sell off our public assets.

Plutocratic Class Warrior Stephen A. Schwarzman: Public Impoverishment When Such An Individual Gains The Economic and Political Upper Hand?

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Stephen A. Schwarzman sees himself on one side of a class war, where when it come to protecting the preferential tax breaks he receives the rest of us are like Hitler.
Stephen A. Schwarzman, head of the Blackstone Group, has already been prominently cited in two columns by Paul Krugman, the Nobel prizewinning economist and New York Times opinion page columnist, as an example of a plutocratic class warrior who believes that the 1% must retain their supremacy over the rest of society, winning at any cost. (See: Plutocrats Feeling Persecuted, September 26, 2013 and Paranoia of the Plutocrats, January 26, 2014.)

Similarly, a recent short piece in the The New Yorker, Moaning Moguls, by James Surowiecki, July 7, 2014, focused in on the way a complaining and financially aloof Schwarzman aligns himself, class-wise, according to a we/they perception of the world:
You wouldn't think [Schwarzman would] have much to complain about. But, to hear him tell it, he's beset by a meddlesome, tax-happy government and a whiny, envious populace. He recently grumbled that the U.S. middle class has taken to "blaming wealthy people" for its problems. Previously, he has said that it might be good to raise income taxes on the poor so they had "skin in the game," and that proposals to repeal the carried-interest tax loophole-from which he personally benefits-were akin to the German invasion of Poland.
Is the bottom line that the wealthiest in society like Schwarzman should be living in fear that the political upper hand will be seized by those who will tax the rich (or simply eliminate the loopholes by which Schwarzman pays his income taxes at a preferential lower rate) to dispense largess to the poor or other strata of our society?  Au contraire!   While class warfare is real, is not a matter of what the wealthy might fear from the rest of us, but what the rest of us have to fear in the way of predation from the likes of Schwarzman: What do individuals such as Schwarzman do when they have the political and the economic upper hand?

Schwarzman, who has focused on profiting from buying homes of owners defaulting in the face of economic downturn, has in his role as New York Public Library trustee pushed for the selling and shrinkage of New York City's libraries, he has enthusiastically promoted investment in the environmentally costly practice of hydro-fracking with all its global-warming implications, he has invested in privatizing prisons and now, as is getting attention, we find that he has in a major, very nontransparent way been taking advantage of pension funds, including those of public employees.  Some of the pension fund handed over to Schwarzman's Blackstone were set up for the benefit of New York City and New York State employees.

Raiding Pension Funds

In Wall Street,” the 1987 film famous for its “Greed is good” Gordan Gekko character played by Michael Douglas, a key part of the plot is the disclosure of the unscrupulous lengths to which Gekko will go in dismantling an airline company, putting its employees out of work, in order to raid its pension fund.  The mindset epitomized thereby: An economic framework that works for and benefits a larger segment of society is up for grabs to be destroyed by monied interests playing an insider game to pile up ever greater wealth.  That was the 1980s.

Stealing from pension funds?  Is it worse when the pension funds that get hit are those of public employees?  And if you are a New Yorker paying New York taxes, what if those pension funds are for New York public employees?  The politically connected Stephen Schwarzman who keeps photographs of George W. and Laura Bush and Michael Bloomberg on his office desk has, Gordan Gekko style, been accused of robbing public pension funds, to build up his own personal wealth.  The accusations are worthy of consideration for all they imply.  See Zero Hedge’s Leaked Documents Show How Blackstone Fleeces, Taxpayers Via Public Pension Funds, by Tyler Durden, May 5, 2014 passing along an article by David Sirota at Pandodaily, LEAKED: Docs obtained by Pando show how a Wall Street giant is guaranteed huge fees from taxpayers on risky pension investments, May 5, 2014

Here’s some of the Zero Hedge summing up of the situation:
The following story by David Sirota at PandoDaily is simply excellent. It zeros in on the secretive and rapidly expanding relationship between private equity firms and the public pensions that invest in them. It shows a crony capitalist love affair greased by lobbyist influence peddlers known as "placement agents", as well as non-public agreements between PE firms and public pensions chock full of conflicts of interest, extremely high fees and underperformance. Unbelievably, in many instances the trustees of the public pensions are not allowed to know what funds the "fund of funds" invest in. This makes due diligence impossible, and in one particularly egregious example it led the Kentucky Retirement Systems to unknowingly invest in SAC Capital despite the fact it was under SEC investigation at the time.

Furthermore, with the Wall Street Journal reporting back in 2011 that $37 of every $100 dollars invested in Blackstone's investment pool comes from state and local pension plans, it appears that taxpayers are once again being fleeced by the financial oligarch class.

    * * *

The chief villain in this article will be no stranger to readers of this site. It is Blackstone . .
The main point of the PandoDaily article:
An increasing number of those pension funds are being stealthily diverted into high-fee, high-risk "alternative investments" that deliver spectacular rewards for the Wall Street firms paid to manage them - but not such great returns for pensioners and taxpayers.
According to the analysis of the leaked documents obtained:   
Taken together, the documents raise serious questions about whether the government employees, trustees and politicians overseeing major public pension funds are shirking their fiduciary responsibilities under the law when they are cementing "alternative" investment deals.
Fees Sapping Fund's Prospects of Investment Growth

These pension fund investments were not performing well because of the debilitating effect of high fees. Around the beginning of 2008 Blackstone launched its hedge funds; with a “fund of funds” approach where it steered clients’ money into other hedge funds in return for an additional fee.

When the Kentucky Retirement System was looking to invest about $400 million in Blackstone's Alternative Asset Management Fund (BAAM), which is a so-called “fund of hedge funds” the PandoDaily article says the leaked documents showed:
Blackstone was guaranteed whopping fees of 50 basis points plus 10 percent of any overall profits on retirees' money. In addition, the memo estimates 1.62 percent management fees and 19.78% incentive fees to be paid on top of the Blackstone fees to the underlying (and undisclosed) individual hedge fund managers in the "fund of funds."
And:
Pension officials made the decision to invest in the fund despite Blackstone then reportedly being under SEC investigation.
The Sunday’s New York Times Business Section of a week ago featured, front page, above-the-fold, a comprehensive article that, in just slightly more tempered New York Timesian business lingo, covered much of the same ground, with a few additions, as the Pando and Zero Hedge articles from last May. See: Behind Private Equity’s Curtain, by Gretchen Morgenson, October 18, 2014.

We’ll come back to ways in which that article, illustrated with a photo of New York City Comptroller Scott Stringer and featuring a quote from him, brings the question of these investments closer to home for New York taxpayers.

First, it would be worthwhile to note the way the compounding effect of `fees,’especially any accumulating proliferation of them, work to seriously gut an intended building up of retirement investments.  To say that “fees” are being charged might imply that valuable services are delivered in exchange, but, bottom line, one ought to suspect and fear the opposite.  PBS’s Frontline covered this point well in “The Retirement Gamble” (transcript is available).
If you Google images for “retirement three legged stool”
U.S. citizens have frequently been described as relying on a “three-legged stool” for their retirement, 1.) social security, 2.) presumably secure pensions, and 3.) invested personal savings that can also include 401(k) and IRAs.  Frontline covered how there has been a shift away from pensions (that covered 42% of Americans in 1972) largely to 401(k)s, originally “a corporate tax dodge” for high earners that “Nobody ever thought that this was going to apply to the rest of us.”
From Frontline's  “The Retirement Gamble”
Frontline explained the effect of fees in the context of the third category, invested personal savings that can also include 401(k) and IRAs.  One expert asserts that Americans don't know the price, quality or risk of what they are paying for when buying 401(k) retirement investments.  To lay it all out, Frontline correspondent Martin Smith talked with Jack Bogle, the founder of Vanguard, a company that offers some of the lowest-fee products on the market. Bogle succintly offers the advice “that if you want to improve your retirement outcome, make sure to minimize Wall Street's take.” * (Starting at 23:40 on the video- ignore the investment company promo ironically inserted at the very beginning of the PBS video.):
(* If social security is ever privatized as has been proposed all these considerations will come into play with respect to social security too.)
    MARTIN SMITH: Bogle gave me an example. Assume you're invested in a fund that is earning a gross annual return of 7 percent. They charge you a 2 percent annual fee. Over 50 years, the difference between your net of 5 percent - the red line - and what you would have made without fees - the green line - is staggering.

    Bogle says you've lost almost two thirds of what you would have had.

    JOHN BOGLE: What happens in the fund business is the magic of compound returns is overwhelmed by the tyranny of compounding costs. It's a mathematical fact. There's no getting around it. The fact that we don't look at it- too bad for us.

    MARTIN SMITH: [on camera] What I have a hard time understanding is that 2 percent fee that I might pay to an actively managed mutual fund is going to really have a great impact on my future retirement savings.

    JOHN BOGLE: Well, you have to rely on somebody to get out a compound interest table and look at the impact over an investment lifetime. Do you really want to invest in a system where you put up 100 percent of the capital, you the mutual fund shareholder, you take 100 percent of the risk and you get 30 percent of the return?
Again, from Frontline's  “The Retirement Gamble”- Results of a 7% return vs. a 5% return
These same mathematical investment facts also apply to pensions of private companies and public employees although the risks and responsibilities for management of them and the costs have not been shifted over from the employers to the employers in the same way.  These mathematical investment facts apply to Blackstone and in the case of public employee pension funds, it's our elected officials like our state and city comptrollers who are responsible for making the decisions about what fees like this are to be paid to companies like Blackstone.

On the Political Inside- "Pay to Play"

That’s why it’s a problem when Blackstone and firms like it are making campaign contributions to the very same officials making those decisions.  You have heard of "pay-to-play"?  See: Do campaign contributions help win pension fund deals?,  8/28/2009.  Here from that article:
More than two dozen firms that have surfaced in a broad corruption investigation of public pension funds gave at least $1.97 million in campaign contributions to officials with potential influence over the funds' investments, a USA TODAY analysis shows.

The givers included private-equity giants such as the Blackstone Group, the Carlyle Group and the Quadrangle Group, the firm founded by Steven Rattner, who in July resigned as the White House point man for the auto industry rescue. The contributions are legal, and the firms haven't been accused of wrongdoing related to the giving.

    * * *

Officials of the Blackstone Group have similarly contributed to pension fund incumbents and candidates. The firm's chairman is co-founder Stephen Schwarzman, a former Lehman Bros. executive. Co-founder Peter Peterson retired as Blackstone's senior chairman in 2008.

Campaign finance records show Schwarzman; his wife, Christine; and Peterson gave a combined $30,000 to three candidates who ran in 2002 to succeed H. Carl McCall as state comptroller. Hevesi, the winner, got the most, $21,000. Separately, McCall received $25,000 from Christine Schwarzman for his unsuccessful bid for governor.

Blackstone has received about $1.74 billion in private equity- and real estate-related investments from the New York pension fund since 1993 and has been paid about $20 million in fees, said Whalen, the state comptroller's spokesman.

The firm has not been accused in the New York investigation.
See also Crains New York Business: Private equity donations to politicians uncovered- Staffers of firms gave money to officials with power to steer pension funds to range of investment advisors, by Hilary Potkewitz, August 28, 2009.
New York Attorney General Andrew Cuomo has been investigating pay-to-play accusations involving the state's pension plan and various investment funds, including Carlyle, for the past year. In June, the Carlyle Group agreed to pay a $20 million settlement, and change company policy to limit employee political contributions to $300.

Blackstone has not been accused of anything as a result of Mr. Cuomo's investigations. A Blackstone spokeswoman said that since at least 2006, the company has had a policy prohibiting employees from donating to campaigns for offices with direct oversight of public pension funds. That policy also requires approval from its general counsel for any campaign contributions.
And see, Final Alternatives Hedge Fund and Private Equity News: Ex-Blackstone Employee Pleads Guilty In N.Y. Kickback Scandal, May 13 2009.
A former employee of a placement agent now owned by the Blackstone Group has pleaded guilty to securities fraud as part of the widening kickback scandal at a New York State pension fund.
Putting this again in the context of the debilitating fees already discussed, we come across this article from the New York Post that ran four years ago during the last election for state comptroller.  Harry Wilson, the Republican candidate running for office against Democrat Thomas DiNapoli (who won and is now running again) likely knew what he was talking about because he was a former Blackstone principal.  See: A pension to slash, by Josh Kosman, August 1, 2010.
The former Blackstone Group principal who is the Republican candidate for New York State Comptroller believes the state should consider decreasing its allocation to private equity in its pension funds.

Most PE firms, he said, do not outperform the S&P 500 after fees.

"I'm not a big believer in alternatives," Wilson told The Post. "I don't own a lot of alternatives in my portfolio."

"To outperform the markets is hard and then when you charge large fees on top of that it is really hard."
The article points out that:
The state as of March 31 had 9.3 percent of its $133 billion invested in private-equity funds, and another 9 percent in other "alternative investments" like real estate and hedge funds.
Idea That Pension Benefits Are Too Generous Anyway Finds Home at Schwarzman's Blackstone

Maybe candidate Wilson had a change of heart after leaving Blackstone but indications are that for those at Blackstone their heart is not in benefitting the pensioners; the job they are being paid enormous fees to do.

Blackstone’s Byron Wien, vice chairman of New York-based Blackstone's advisory group, said retiree benefits were "too generous."
"The retirement benefits for state workers, really not only in New York, California and New Jersey but throughout the country, are very generous, too generous," Wien said in response to a question about U.S. state budget deficits during a Jan. 5 presentation of his forecast, according to a transcript. "We literally can't afford the benefits we have given our retirees in state and local governments and we have to change that."
(See: Blackstone Seeks to Appease New York City Pensions After Wien's Comments, by Cristina Alesci and Jason Kelly, May 26, 2010.)

Wein’s remarks sound very much like Goldman Sachs CEO Lloyd Blankfein when he said that the public was going to have to lower its expectations about “entitlements and what people think that they're going to get.  Because they're not going to get it.”  It has been suggested that Mr. Blankfein should, like Mr. Schwarzman, be made one of the trustees to whom we entrust the care of our New York City libraries.  

What did Stephen Schwarzman say in response to Mr. Byron’s remarks and the objections that consequently arose?
"Byron will play a central and invaluable role in providing direction and guidance,"
While Mr. Wien's heart doesn’t seem to be in helping pensioners, he may also lack the talent that would entitle him to take fees to do so.  See:  Byron Wien's Atrocious "Forecasting" May Have Cost Blackstone Hundreds Of Millions, by Tyler Durden on 01/06/2011.

Another Level of Asset Stripping: Pension Funded Job Losses Through Blackstone

While politically luring public pension funds into underperforming high-fee investments is one form of public asset stripping, New York’s pensioners may also be chagrined to learn that the funds they had invested with Blackstone entailed another layer of public loss, one that U.S. Senator Charles Schumer was duty bound to complain about when it came to light.  During the Democratic Convention in the 2012 presidential race Bain Capital was excoriated for jobs it was said to have destroyed in corporate takeovers.

Blackstone engages in the same sort of dismantling of jobs and companies so, by investing in Blackstone, New York’ pension funds (two New York State public employee pension funds and four New York City pension funds) were causing jobs to be lost in Fulton, New York.  A Birds Eye Foods factory was ultimately closed by Blackstone's subsidiary after the union’s and Senator Schumer’s fruitless protests.  See Bloomberg’s: Pensions Find Private Equity Bites as Blackstone Cuts Job, by William Selway and Martin Z. Braun, February 23, 2012 and the very similar, slightly truncated Pension and Investments: NY pension funds find private equity controversy as Blackstone cuts jobs, by Bloomberg, February 23, 2012.
The new owners, Pinnacle Foods Group LLC, a company held by the private equity firm Blackstone Group LP (BX), [“the world's largest buyout firm”] closed the factory and fired 270 workers. Kimber, 64, got eight weeks severance for her 12 years on the job and lives with her 37-year-old unemployed daughter in the rust-belt town of about 12,000, northwest of Syracuse.

“They just used us. That’s exactly what they did,” Kimber said. “And then they kicked us to the curb.”

    * * *
Private equity executives, including Blackstone managing director and Pinnacle Foods director Prakash Melwani, have helped stock Romney's campaign war chests.
    * * *

New York Comptroller Thomas DiNapoli, the sole trustee of New York's $140 billion retirement fund, declined to comment. New York City Comptroller John Liu declined to comment. John Cardillo, a spokesman for New York state's Teachers' Retirement System, declined to comment.

    * * *

In January 2010, U.S. Senator Charles Schumer, the New York Democrat, held a press conference with workers in Fulton, saying he would keep pressuring the company until all the jobs were safe. Schumer said he called Stephen Schwarzman, Blackstone's chairman and co-founder, and asked him to spare the factory.
Ironically, Charles Schumer’s wife, Iris Weinshall, has now taken the position of Chief Operating Officer at the New York Public Library, where, because Schwarzman is a trustee there, she, in a sense works for him as one of her bosses.  She replaced Chief Operating Officer David Offensend who came to that position from Evercore, LLP another private equity and hedge fund firm that was spun off from Blackstone.  The universe of those exercising influence and power is remarkably small.  (So small, in fact, that Offensend's wife, Janet, wound up as a key trustee at the Brooklyn Public Library while it implemented plans tracking the NYPL's similarly selling and shrinking Brooklyn's libraries.)

As the articles note, while New York City Comptroller John Liu did not comment on this factory closing, in another situation where another private equity firm was involved in closing a factory in Cleveland over the objections of investing pension funds whose monies were being used, Liu wrote:
New York's pension funds do not wish to be investing in job loss or in a global `race to the bottom.
Fulton’s Republican Mayor Ronald Woodward, gets the concluding word in the article, putting it terms of class:
"What you're doing by doing that -- you are systematically eliminating the middle class," he said. "You're going to be rich or you're going to be poor. There's no in between."
Placement Agent Fees

Blackstone, and especially Schwarzman, was also openly going after and championing yet another level of fees that would sap pension fund investments, “placement agent fees.”  When I was in government with the state finance agencies we were confronted by firms that, with political introductions, proposed that they should be inserted as a new level of intermediary between the finance agencies and the investments they made, getting yet another set of fee for its `advice’ or `guidance.' Unable to discern any value to the proposal or actual expertise being offered we turned them away.

“Placement Agent Fees,” paid by pension funds generated considerable controversy and a challenge from the SEC.

The New York Times stepped into the fray with a business section editorial criticizing New York City Comptroller John Liu for wanting to ease a ban on placement agents.  See: Editorial: Bringing Back the Fixers, by Dealbook, February 22, 2010.  The editorial observed:
For years, the easiest way companies could get contracts to manage billions of dollars for the pension funds for either New York City or New York State was to go through the local influence peddler. It was a recipe for big corruption, especially in Albany.

Both the city and state stopped using placement agents last April after two top advisers to Alan Hevesi, the former state comptroller, were charged with corruption and violation of federal securities law relating to their "private" work as placement agents. The two pleaded not guilty and are expected to go on trial soon.

Another four fixers from the Hevesi era have pleaded guilty to securities fraud. And a California manager of a venture capital fund pleaded guilty in December to giving out nearly $1 million in illegal gifts to New York State officials to get contracts with the state pension fund.

State Comptroller Thomas DiNapoli said Thursday that the ban on placement agents is working well in Albany. He said it had made the investment process more transparent and helped new and smaller firms compete.

So, The Times asks, why is Mr. Liu going in the opposite direction?
Not quite two weeks later, Schwarzman was granted space in the Times to personally respond to the editorial.  He was arguing to support the position that Comptroller Liu has taken, that placement agents should be regulated, not banned, a position that would permit Blackstone to continue to ply its trade with New York pension funds as one of the four largest placement agents. See: Another View: In Defense of Placement Agents, By Stephen A. Schwarzman, March 4, 2010.
The four largest placement agents are part of major financial institutions in New York - Credit Suisse, UBS, Lazard and the Blackstone Group - and the professionals are federally registered and the firms themselves are heavily regulated. We do extensive due diligence on any manager we seek to represent (Blackstone's Park Hill Group takes as clients about 5 percent of the managers who come to it). We also prepare marketing materials and then take them before the major sources of investment capital - private, state and local pension plans; university and foundation endowments; sovereign wealth funds; etc. - to make the case as to why these managers warrant an investment. Most of these managers could not get a start in business without placement agents.
It is probably not to Comptroller Liu’s credit that he aligned with Schwarzman on this issue.  The alignment may have also put Liu in an interesting position when, three years later in the spring of 2013, Liu stepped up to oppose the sale and shrinkage of libraries with their attendant questionable real estate deals that Schwarzman was pushing for as a trustee of the NYPL.

When he wrote his Times rebuttal Schwarzman was already on record fighting against any bans on placement agents:
The SEC in May 2009 proposed the outright banning of placement agents , which in New York, California, New Mexico and Kentucky, were the conduit for corruption in those states' public pensions. However, the Private Equity industry was able to kill this SEC proposal, I believe by getting the Obama administration to pressure the SEC to water down this ban.

Blackstone's billionaire founder, Stephen Schwarzman, personally sent a letter to the SEC opposing a placement agent ban.
(See: Feds indict public pension placement agent, By Chris Tobe, March 20, 2013.)

A Hidden World, Where With a Lack of TransparencyPension Investors Take Hit for Fund Manager Wrongdoing
Photo used by the Times to emphasize Comptroller Scott Stringer's quote objecting to pension investors being saddled with the legal loss incurred from the settlement of the charges of improper conduct on the part of the fund managers
The recent article in the Sunday New York Times business section about the inappropriateness of pension funds investing in private equity funds focused mostly on the lack of transparency with respect to those funds and how that lack of transparency can conceal conflicts of interest that benefit the fund managers at the expense of the public investors.  Case in point, the quote featured from Comptroller Stringer was his objection to the fact that there had been a legal settlement respecting alleged misconduct of fund managers where the losses incurred with the settlement were passed along to be paid by the public pensioner investors, not the managers.  Given the lack of transparency of the private equity funds the public pensioners were probably in the dark that they are responsible for these costs, because according to the Times:
Their legal obligations are detailed in private equity documents that are confidential and off limits to pensioners and others interested in seeing them.
Notwithstanding, Comptroller Stringer said that forcing the pensioners to take the loss: "violates the spirit of the indemnification clause of our contract.”
Times reporting on the $325 million settlement to which Blackstone was a party
The comptroller was speaking of a settlement of a lawsuit against Carlyle Group and a number of other equity firms, (Bain, etc.), the Blackstone Group included, accused of colluding and market manipulations to drive down the prices of corporate takeover targets.  Blackstone, K.K.R. and TPG agreed to pay a combined $325 million to settle the accusations, the amount to be divided up between them in a manner unspecified t the public (K.K.R., Blackstone and TPG Private Equity Firms Agree to Settle Lawsuit on Collusion, by William Alden, August 7, 2014) and the Carlyle Group subsequently agreed to pay another $115 million in its own settlement.  Total, all of the firm settlements reportedly tallied $590.5 million (Carlyle Deal Concludes a Lawsuit Against Private Equity, by William Alden, September 8, 2014.)

The Sunday Times article makes it clear that Carlyle passed this loss along to New York City pensioners and that Comptroller Stringer's remark applies to them. When I asked whether the Blackstone was, or might be similarly passing its loss along to New York City pensioners I was quickly informed that the investigation is ongoing so that this information could not be furnished.  I put this question to the State Comptroller’s office at the same time and have yet to receive a response.
The Times article was front page and above-the-fold of the Sunday Business section
The Times article noted more on the absence of transparency:
"Hundreds of billions of public pension dollars have essentially been moved into secrecy accounts," said Edward A.H. Siedle, a former lawyer for the Securities and Exchange Commission who, through his Benchmark Financial Services firm in Ocean Ridge, Fla., investigates money managers. "These documents are basically legal boilerplate, but it's very damning legal boilerplate that sums up the fact that they are the highest-risk, highest-fee products ever devised by Wall Street."

Retirees whose pension funds invest in private equity funds are being harmed by this secrecy, Mr. Siedle said. By keeping these agreements under wraps, pensioners cannot know some important facts - for example, that a private equity firm may not always operate as a fiduciary on their behalf. Also hidden is the full panoply of fees that investors are actually paying as well as the terms dictating how much they are to receive after a fund closes down.

A full airing of private equity agreements and their effects on pensioners is past due, some state officials contend. The urgency increased this year, these officials say, after the S.E.C. began speaking out about improper practices and fees it had uncovered at many private equity firms.
The explanation from Blackstone and companies like it for the lack of transparency?:
Private equity giants like the Blackstone Group, TPG and Carlyle say that divulging the details of their agreements with investors would reveal trade secrets. Pension funds also refuse to disclose these documents, saying that if they were to release them, private equity firms would bar them from future investment opportunities.
Public Officials Don't Bargain?

On the very questionable absence of oversight by the public's elected officials making these investments the article quotes attorney Karl Olson, a partner at Ram Olson Cereghino & Kopczynski, who has sued he California Public Employees' Retirement System, to disclose fees paid to hedge fund, venture capital and private equity managers.
"I think it is unseemly and counterintuitive that these state officials who have billions of dollars to invest don't drive a harder bargain with the private equity folks," he said. "A lot of pension funds have the attitude that they are lucky to be able to give their money to these folks, which strikes me as bizarre and certainly not acting as prudent stewards of the public's money."
Conflicts of Interest?

On the subject of conflicts of interest that hide behind the lack of transparency the Times writes:
Regulations require that registered investment advisers put their clients' interests ahead of their own and that they operate under what is also known as a fiduciary duty. This protects investors from potential conflicts of interest and self-dealing by those managers. This is true of mutual funds, which are also required to make public disclosures detailing their practices.

But, as a lawsuit against Kohlberg Kravis Roberts shows, private equity managers can try to exempt themselves from operating as a fiduciary.
Abuse and the Breaking of Laws

It quotes another attorney in the area as follows:
"On one hand they say they don't owe you the duty," she said, "but everything is so confidential with these investments that without a court order, you don't have any idea what they're doing. It's not open and transparent, and that's the kind of structure to me that's ripe for abuse."
How ripe for abuse?  With this total lack of transparency and diligent review and bargaining how quickly would we know, for instance, if there was another Madoff in this thicket?  The Times reported that although private equity firms got off to a better start in their initial years, more recently:
. .  a simple investment in the broad stock market trounced private equity. For the five years through March, for example, private equity funds returned 14.7 percent, annualized, compared with 21.2 percent for the S.&.P. 500. One-year and three-year returns in private equity have also lagged.
And given the complicated calculations about who gets what monies in transactions, with the managers first in line, the investors always waiting to find out what they finally get, how late in the game after final reckonings would one know how bad, bad news is?  You can’t always get out of a hedge fund investment exactly when you’d like and when funds face liquidity problems they sometimes restrict withdrawals.

Madoff, of course, broke laws and a fairly high proportion of his victims were wealthy.  However, as must be noted with increasing frequency in our society, when it comes to the ways that the wealthiest use tilted playing fields to their advantage at the expense of others, the crime is not what activities are against the law, the crime is what is legal.  That’s the context in which this nation’s “plutocracy” is better understood as a "kleptocracy."

Laws can change.  Practices described here are in many ways similar and analogous to the kinds of abuses with respect to credit card and consumer lending, tricks and traps that Elizabeth Warren and new consumer regulations are working to proscribe.

Even by the relatively weak standards of what currently isn’t outlawed, it seems that legal lines are still crossed far too often.  According to the Los Angeles Times:
In a report on the SEC's findings after a preliminary round of examinations, agency official Andrew J. Bowden described what he called a "remarkable" level of lawbreaking and cheating among the 150 private equity advisory firms inspected so far. Bowden delivered his report directly to the lions in their den, speaking at a May 6 private equity conference.

"A private equity adviser is faced with temptations and conflicts with which most other advisers do not contend," Bowden stated. "We have seen that these temptations and conflicts are real and significant."

The most striking statistic: Half of all examinations uncovered "what we believe are violations of law or material weaknesses in controls."
(See:  SEC peeks under private equity rug, finds 'remarkable' corruption, by Michael Hiltzik- May 13, 2013.)

Rebates - Fluid Rules?

The New York Times article about high fees was preceded by several months by a thorough article addressing the subject that appeared in the Financial Times apparently sparked by the SEC investigation: Private equity: A fee too far- Regulators are probing conflicts of interest and high fees charged by fund managers to the companies they own, by Anne-Sylvaine Chassany and Henny Sender, July 13, 2014.

According to the article, one thing that is happening as investors and their advisors react to fees that “pump substance out of portfolio companies. . . the sort of greed you would typically see in investment banking"(quote from one advisor) is that investors are demanding, and getting, rebates of fees, on the order of 80%.  Such after-the-fact rejiggeing of the rules to fatten up a scrawny and inadequate return sounds faintly Ponzi-ish, though a crossing of that line has not been alleged on the part of any of the funds.*
(* In some fascinating articles however, questions have been raised about how, on the state official side of things, the state of New Jersey did poorly channeling monies into underperforming private equity funds,  Blackstone being one of the firms investments were handed off to, tripling fees being paid under Governor Christie while turning New Jersey into one of the nation's largest investors in hedge funds and then, and is now apparently trying to cover up "suddenly reporting higher results" . .  "a full 1% higher than previously announced".  "as if no one would notice the change."  See: New Jersey Funneling Pension Fund Cash to Wall Street Investment Managers, by David Dayen August 26, 2014 and Is New Jersey Fudging Its Pension Fund Results to Defuse a Christie Scandal? by Yves Smith, September 13, 2014.)
From the Financial Times article:
Even though these fees are increasingly refunded to investors, prominent institutions including some top university endowments are reluctant to back the most high-charging fund managers. "They have come up with a formula to enrich themselves more than their investors," says the chief of one leading US endowment.
The Financial Times article also examines ways that tax considerations contort private equity practices and funnel preferential benefits, another reason to close the kinds of loopholes that Schwarzman so watchfully protects.

Things may be coming home to roost, and there is one more sign that institutional investors, as the Times reports, are walking away from these deals more often: At the September 17, 2014 NYPL trustees meeting, home turf for Schwarzman, the trustees were told that the NYPL was implementing a shift in the last couple of years to take risk out of the portfolio, simplify and reduce fees.  Nevertheless, with 72% of its portfolio in public common stocks it still has 15% invested in alternative investments like hedge funds and 10% in private equity and real estate.

A Designated Villain?
Stephen A. Schwarzman leaving an NYPL trustees meeting March 12th outside of which demonstrators gathered to oppose the sale, shrinkage and deliberate underfunding of libraries.  Photo by Jonathan Barkey.
Are we being too hard on Mr. Schwarzman?  Are we asking too many hard, too many unfair questions?  Should we take less of a cue from, put less stock in how ostentatiously Mr. Schwarzman, himself, has declared himself to be antagonistically on one side of a class divide?

Is it just that Mr. Schwarzman sets himself up as too much of a target when he proclaims himself in superlatives, saying that Blackstone is, among other things, the world's largest real estate investment firm, the largest owner of houses in the United States, one of the "four largest placement agents," the world's largest investor in hedge funds, the "world's largest manager" (with $88 billion in 2008 and $200 billion in 2013) of "so-called alternative assets, such as private-equity, real-estate, and hedge funds-esoteric vehicles"mostly on behalf of "corporate and public pension funds, endowments of universities and other nonprofit institutions, insurance companies" with investors that included "Dartmouth College, Indiana University, the University of Texas, the University of Illinois, Memorial Sloan-Kettering Cancer Center, and the Ohio Public Employee Retirement System."?
This 2008 New Yorker article's title reference's Wall Street Journal coverage of a birthday party Mr. Schwarzman threw for himself that garnered negative attention for its ultra-lavishness  
How much of Mr. Schwarzman's being such a conspicuously large target accounts for a 2008 New Yorker story commencing with an evaluation that, with a sort of Gordon Gekko emblematic emphasis, Mr. Schwarzman:
. . had become the designated villain of an era on Wall Street-an era of rapacious capitalists and heedless self-indulgence that had driven the Dow Jones Industrial Average to new highs, along with the prices of luxury real estate and contemporary art, while the incomes of ordinary Americans stagnated or fell.
(See: The Birthday Party- How Stephen Schwarzman became private equity’s designated villain, By James B. Stewart, February 11, 2008.)

Are there lines that just shouldn't be crossed when making making money?  For instance, even if we believe that virtually, by definition, prisons should never be privatized and subjected to the profit-making motivations of incarcerating more people longer and for lesser infractions,* if prisons are privatized should it be off limits to invest in them?
(* Michael Moore had some ghastly fun with this in his "Capitalism: A Love Story"documentary segment running through unfortunately true facts about private prison operators kicking back money to judges to keep children in prison, the "kids for cash scandal".)
Are we too quick to hold NYPL trustee Schwarzman accountable for the debacle that was the sale of the Donnell Library or for the push for even more library sell-offs and shrinkage with the NYPL's Central Library Plan that, although the NYPL did not publicize it, would have involved public expenditures of over half a billion dollars?  Mid-Manhattan and the 34th Street Science, Industry and Business libraries were to be sold while the research stacks of the Central Reference Library holding three million books were to be destroyed.

Is it within bounds to observe that pulling back on resources like libraries helps send more people to prison?  According to Neil Gaiman:
I was once in New York, and I listened to a talk about the building of private prisons - a huge growth industry in America. The prison industry needs to plan its future growth - how many cells are they going to need? How many prisoners are there going to be, 15 years from now? And they found they could predict it very easily, using a pretty simple algorithm, based on asking what percentage of 10 and 11-year-olds couldn't read. And certainly couldn't read for pleasure.
(See: The Guardian- Why our future depends on libraries, reading and daydreaming, October 15, 2013.)

Mr. Schwarzman is not the only plutocrat who invests in such anti-social, currently money-making activities as hydro-fracking, with all its myriad long-term pollutions, toxins, water usurpation, radioactivity, earthquakes . .   When it comes to the ravaging the entire planet for the benefit of a few with the promotion of more fossil fuel use that will significantly bump up the effects of global warming, Schwarzman isn't likely to catch with the Kochs brothers, or even just David.  Brother David lives in the same building as Schwarzman, 740 Park Avenue, now an infamous symbol of wealth, income and political inequality with assists from Alex Gibney's documentary “Park Avenue: Money, Power & the American Dream”* and the book that preceded it, "740 Park: The Story of the World's Richest Apartment Building," by Michael Gross.
(*  The film targets New York Senator Charles E. Schumer as "a chief culprit" in protecting the "tax break benefiting hedge-fund moguls" including Schwarzman.)
David Koch who, with his brother Charles have also been attacking universal national healthcare, seems to has his name ubiquitously on everything these days despite such other anti-social activities as financing climate science denial.  Why should we then care or consider it inappropriate that Mr. Schwarzman's name should have appeared on the NYPL's 42nd Street Central Reference Library that would have been so ruined by the real estate deal oriented shrinkage plans he supported?

I think the answer is that it isn't just Mr. Schwarzman and his activities we should be objecting to and even though we are not, per se, talking the 1%, (actually the top tenth of 1%, .01% of all Americans) where an increasing imbalance of wealth is piling up, there are multiple other individuals we should be concerned about in that elite and exclusive group. . .

. . . Maybe it can be argued that putting David H. Koch's name on ballet theaters, NOVA Science episodes, hospital centers, or new oil-black public fountains outside the Metropolitan Museum of Art (weren't we better off with the old fountains and plaza?) somehow ameliorates the fact that we are trading in our environment, probably together with the planet's future, by letting Charles and David pursue ever greater wealth in whatever manner they choose.  Maybe it can also be argued that, in this besieged world where the middle class is already being squeezed out of existence with the spoils divided up, pension funds are best off partaking in dismantling the jobs of other workers in their state to curtail losses.  (That argument is suspect, however, if these equity funds don't even keep pace with the broader stock market). . . .

. . .  Nevertheless, does it make sense for us as a society to be signing on to losing propositions that shuffle wealth upwards and then content ourselves with these booby prizes as consolation?  Unless we are all in abject surrender mode, isn't it time to remove David H. Koch's name from all those public properties to which he has affixed it and remove Stephen A. Schwarzman's name from the NYPL's 42nd Street Central Reference Library?  Thereafter shouldn't we put a halt to the anti-social activities that have financed such ill-advised public honorings whether they be Mr. Koch's, Mr. Schwarzman's or anyone else setting such lamentable examples?

Is Forest City Ratner, As Victor, Writing Our History?- WNYC's Press Release on Appointing Forest City Ratner's MaryAnne Gilmartin to Its Board of Trustees

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“History is written by the victors.”   That's certainly the old adage that reflexively gets accepted as true by so many of us even without knowing who first said it.

But first the victor must wrest the pen that writes history into its own grasp. . .  That’s what Forest City Ratner seems to be trying to do when it comes to Atlantic Yards and its exploits in New York City.

In October Forest City Ratner’s Chief Executive Officer MaryAnne Gilmartin was appointed to the board of trustees of the board of New York Public Radio, better known as WNYC and its sister station WQXR, according to the press release appointing Gilmartin, “America's most listened-to AM/FM news and talk public radio stations.”  How did that happen?. . .

. . . Certainly not without a lot of maneuvering and purposeful intent on the part of Forest City Ratner.

The WNYC public radio stations are not are not only the “most listened-to” stations; there is also an implicit agreement with their listeners that, because they are listener financed, they can be trusted as a much more reliable source of earnest news reporting, an alternative free from the corrupting influence that saturates commercially owned and operated news media.  Accordingly, for instance, the idea that the WNYC family of stations provides in-depth news and information that is vastly superior to the kind of press release-conduit journalism that commercial stations put out was propounded again and in the sales pitches made during WNYC’s last fund-raising drive, just as that idea has been highlighted in the many years of fund-raisers before.  This most recent WNYC fund-raiser was subsequent to Ms. Gilmartin’s appointment to the WNYC board.

Ms. Gilmartin’s arrival at her policy-making trustee’s position on the WNYC board is reminiscent of another board’s takeover and ensuing 180-degree policy changes seen most clearly with respect to Forest City Ratner’s Atlantic Yards: That of the once venerated Municipal Art Society.

The Municipal Art Society was once thought of as representing the public and standing up to developers in the face of abusive development.  Kent Barwick, when he was the head of MAS, called Atlantic Yards “the poster child for what goes wrong when process is ignored. . . a poorly designed project that has polarized the community and that squanders both opportunity and public trust.”   Not so long ago, MAS had scores of forums about development in the city invoking the name and principles of Jane Jacobs in which, while the moderators kept civil order, the Atlantic Yards mega-monopoly was excoriated by expert panelists and attending public alike, for a zillion villainous transgressions against the public interest.
  
More recently, after an orchestrated reconstituting of the board, essentially, as it was disclosed to me, happening as something of a coup, MAS has reversed itself to the extent that many no longer regard it as representing the public.  This new version of MAS has given not one, but two, awards the to the Atlantic Yards mega-development, essentially praising Forest City Ratner for the kind of neighborhood destruction that was previously decried, an absurdity that’s siren for satire, essentially an award for “preserving a swath of Prospect Heights by tearing it down to build the Ratner Prokhorov Barclays arena while letting the rest of the destroyed neighborhood acreage lie fallow for a few decades.”   (See: Monday, June 16, 2014, Ratner, Gilmartin & the MAS Onassis Medal: selective memory, glitzy gala, and enduring dismay.)

Just a few days ago I ran into a woman who was a new resident of New York who, without knowing any of the history of how MAS’s mission has been recently redirected, told me that she had attended a MAS event and unexpectedly found it an almost unbelievably depressing pro-development spectacle.  I don’t know. .  I wasn’t there, but I do know that there has been a massive exile of those who used to be involved with MAS, including its former president, Kent Barwick, to resurrect The City Club of New York.  What’s left of the former Municipal Art Society seems to have gobs of money, but its soul is and moral compass are lost.  In its place, the new, leaner City Club is shaping up credibly to fill in the void of what MAS once was.

There are, of course, other well-worn sayings about history.  One of the best known is George Santayana’s “When experience (which is history) is not retained...infancy is perpetual. Those who cannot remember the past are condemned to repeat it,” which may be viewed as something of a retread of Cicero’s “Those who have no knowledge of what has gone before them must forever remain children.”  Malcolm X took a crack at essentially the same sentiment with: “History is a people's memory, and without a memory man is demoted to the lower animals.”

It provokes thought and fright to consider that when history is written by the victors it will be rewritten so that those things that should never have happened in the first place will happen again virtually by design.  In other words George Orwell’s, “Whoever controls the past controls the future.” 

This brings to mind another adage about victors and victory: “To the victor go the spoils.”  Getting to write history, the ability to control the past and thereby own the future too, may be viewed as just a subset of the spoils that the victors get to walk away with.

It is not then surprising that at the groundbreaking for the Ratner Atlantic Yards arena, Ratner and Atlantic Yards supporter Mayor Michael Bloomberg seemed to focus wishfully about his expectation of public forgetfulness to cement the highly controversial victories: “nobody's going to remember how long it took. They're only going to look and see that it was done.”  Such ablution via deficient memory extends to the cleansing almost any means-to-an-end in public debate and governance if only results matter.”  

The sad thing, if Forest City Ratner gets to write the history of Atlantic Yards, is that such writing of our history will not just be the consequence of victory, but another victory unto itself.  Although Forest City Ratner overpowered the public interest and the community to achieve many things it ought never to have achieved, I think it is quite fair to say that the community won a good share of the battles.  The most important was the laying bare of Forest City Ratner’s deceptive practices. That's more important even than the successful adjudication respecting such practices when the community won its environmental lawsuit.  These victories helped ensconce a public understanding of the abuses in the competing narratives of what happened.  In this way, the predatory Forest City Ratner cat was belled to warn those mice who might appeal to the cat as its future meals.

Evisceration of WNYC and the Municipal Art Society is a way of silencing that bell on the cat.  The “Braveheart” quote about writing history, put in the mouth of Robert the Bruce, is “history is written by those who have hanged heroes” with a concordant implication that those dead heroes and their deeds are then written out of our pasts.  That saps the spirit of resistance even further.  The heroes of the Atlantic Yards fight and other community battles may now be largely exhausted, having worked unpaid against well-financed minions.  They may have paid the price of many wounds, made many sacrifices.  We may even now think of some of them as the equivalent of the dead on the battlefield, but it’s truly grievous to think that all their hard work and truth that was brought to light by, for instance, the “No Land Grab” team or the “Battle For Brooklyn” documentary would be forgotten.

Maybe history will be rewritten so that WNYC’s future listeners or those going to next year’s MAS functions devolve, uninformed, into the feckless, perpetual infants or children of Cicero’s and Santayana’s admonitions, but on its own side of the fence Forest City Ratner is not going to forget its perfected playbook.  Similarly, other developers seeing what Ratner got away with will remember and emulate.  Which is to say that whatever battles have been won or lost it is still an ongoing war.

That brings us to what should be a number of critical realizations about the road we are not yet at the end of.  Yes, there is a question as to whether other developers will use, throughout the city, tactics Forest City Ratner used with respect to Atlantic Yards and its other New York City exploits going back to at least 2002, and there is the likelihood that Forest City Ratner’s tactics on future projects will resemble those its used on Atlantic Yards, but. . . .

. . .  Anyone who thinks that Forest City Ratner has won the Atlantic Yards war thinks in very circumscribed terms.

Completion of the Atlantic Yards mega-development from this point on could still take as much as another forty years.*  Even now, twelve years after Forest City Ratner started moving in to take over a swath of Prospect Heights with the threat of eminent domain, it has built only the arena (that's not even technically finished at this point as a corrective new secondary green roof is being built).  It has not built any housing.  It has not replaced any of the residential units it destroyed, including the low-income units it will never actually replace.  It has not replaced the businesses it evicted.  The one attempt Ratner has made to build a residential building stands halted, mired in a lawsuit about incompetence and may have to be torn down to be built again from scratch, its original estimated cost of $155 millionnow rising to perhaps $215 million or even $265 million.
(*  Even though the new, most recent, contractual deadline now theoretically stands as 2025, with the deal subject to perpetual negotiation with Forest City Ratner in the position of a politically muscular monopoly, no future terms can be assured.)
Forty years, or however many decades it actually takes to complete Atlantic Yards, affords ample opportunity for the community, albeit exhausted, to insist, as it should, that the mega-project be divided up and bid out to multiple developers, restoring the streets, sidewalks and avenues that Forest City Ratner has privatized.  Conversely, it affords opportunities galore for Forest City Ratner to reenact more times than we will be able to count what it has done at juncture after juncture, renegotiate repeatedly the terms of its monopoly to shift benefits increasingly in its favor.

In fact, as an example of how easily things can go one way or another, just recently in June, hardly anytime at all before the residential constructions problems and ensuing litigation about it was to be disclosed in August, something that would have made Ratner extremely vulnerable to finally losing monopoly control over the project especially given the community's litigation victory, Ratner slickly maneuvered, taking advantage of a new administration under the incoming mayor to renegotiate new terms for its deal (and more subsidy), once again more to its advantage.  Not knowing how how income eligibility bands were being rejiggered in the background, the representatives who ventured to negotiate for the community were snookered in the deal they'd probably have been better off never making no matter how good it was made to sound. Without cinching this deal, Ratner might have failed in his desperate deal selling a portion of the mega-project to the Chinese government. 

Consequently, Forest City Ratner is not presently the victor seeking to write history.  Still not yet the victor, it is simply doing what it has done from the start, seeking control of the news media and those who write the news in order control the narrative, in order to be the victor when all is said and done. . . .

If ever a definitive tale is told about the still-ongoing Atlantic Yards saga it is virtually certain to be in the form of the book on the subject that Norman Oder is writing.  Mr. Oder writes Atlantic Yards Report (currently retitled “Atlantic Yards/Pacific Park Report” in view of the fact that the Ratner firm euphemistically rechristened its project to divorce its self from years of bad press).  Atlantic Yards Report originally began as the “Times Ratner Report” much of its earliest focus being about how irresponsible and misleading the coverage of Atlantic Yards by the New York Times was. 

Conception of the Atlantic Yards project goes back to the summer of 2002.  In February of 2001 an eminent domain land deal was reached that turned Forest City Ratner into a real estate partner with the New York Times to construct its new headquarters.  For more about how the questionable reporting by the Times undoubtedly assisted Ratner’s Atlantic Yards to advance and ultimately succeed as far as it has, see:  Sunday, June 26, 2011, “Page One: Inside the New York Times” Reviewed; Plus The “New York Times Effect” on New York’s Biggest Real Estate Development Swindle.

This means that rather than being anything new, Forest City Ratner's encroachment into the theoretical bastion of public radio and public broadcasting is just a shifting of the previous line of influence, a pushing forward to dominate more completely by extending tactics previously used successfully by Ratner.  In fact, while public radio has done better in the past to escape the influence of Ratner and the real estate industry, the same cannot be said of New York City’s WNET public television station where criticism of the city’s real estate is never heard, but Forest City Ratner has gotten great promotion on Charlie Rose.  (See:  Monday, April 2, 2012, Charlie Rose Does Infomercial For Forest City Ratner and Tuesday, April 3, 2012, Channel 13, New York's Premier Public Television Station, Provides Promotion For The Ratner/Prokhorov Barclays Basketball Arena: What To Do About It?)

Ratner is also well infiltrated into the Brooklyn Academy of Music and the Brooklyn Museum.

Ms. Gilmartin’s first WNYC trustees meeting is scheduled to be Wednesday, December 3, 2014.  Before that, Tuesday November 18, 2014, the WNYC Community Advisory Board is meeting at 7:00 PM at St. Francis College in Brooklyn Heights.  The Community Advisory Board is supposed to take comment from the public about the station’s operations.  At their last meeting the CAB groused that far too few members of the public come to their meetings.  (With Gilmartin's appointment  they may be on the verge of ironic solution.) 

The WNYC Community Advisory Board was established to comply with the Public Telecommunications Act the purpose of which extends to providing “a source of alternative telecommunications” that will be “responsive to the interests of people.”  To receive public funds public broadcasters must have Community Advisory Boards to review the “programming goals established by the station, the service provided by the station, and the significant policy decisions rendered by the station.”  (emphasis supplied)

Under that rubric, it would seem that Ms. Gilmartin’s appointment to her policy-setting position on the WNYC board should be of vital concern to the CAB.  To argue, contrarily, that it is only a board appointment and that the CAB should wait and be concerned only when station policy actually changes after enough board members of Ms. Gilmartin’s ilk have been appointed would be to say the CAB should react to close the barn door only after there has already been an irreversible escape of the horse.

CAB members face a conundrum in regard to whether they will screw their courage to the sticking point and object to Ms. Gilmartin’s appointment.  According to the by-laws of the Community Advisory Board: “CAB members are subject to the approval of the [WNYC Board of Trustees] or its designees, including members re-nominated for a second term.”- . . .

. . . . That means that, by getting appointed to the WNYC Board of Trustees, Forest City Ratner head MaryAnne Gilmartin now has a say-so about who is on the Community Advisory Board supposedly watch-dogging her implementation of station policy.

Although the Community Advisory Board should probably be recommending Gilmartin's removal from the board and holding up her appointment as an example of what never ought to be done again, if they do, it could subject their members to her vengeance.

Although WNYC is keeping confidential more specifics and the deliberations that were involved, we know that the Trusteeship Committee (comprised of the following Trustees: Tom Bernstein, Martha Fleischman, Anton Levy, Herb Scannell, Lauren Seikaly, Peter Shapiro, Susan Solomon, Nicki Tanner, Andrea Taylor, Keith Thomas, Cynthia King Vance, Laura Walker and Alan Weiler) nominated Forest City Ratner CEO MaryAnne Gilmartin for trusteeship after an evaluation they were supposed to make of her qualifications and suitability for service and probably someone on the committee identified Ms. Gilmartin as a potential candidate for trustee.

Since WNYC is not telling us we have to guess while noting that it could even have been WNYC president Laura Walker who pushed Gilmartin's nomination forward.

A hint that Ms. Gilmartin might have been coming to the WNYC board involved her bizarre appearance back in July accompanied by WNYC president Laura Walker fluffing up a Brian Lehrer show segment about how to get `a good night’s sleep,' something, as commented by me at the time, it's questionable that Ms. Gilmartin actually deserves.  Giving a burnishing heft to Ms. Gilmartin's credentials though not necessarily making her being there seem less odd, Arianna Huffington was also a part of this surreal segment. Oh, Oh, WNYC!  Oh Brian!  See: Wednesday, July 16, 2014, On Brian Lehrer, FCR's Gilmartin reports on CEO Sleep Experiment.

If and when WNYC policies begin to change subsequent to this Gilmartin appointment it is doubtful that we see that change manifest in Brian Lehrer losing his prominent morning slot in the near future: He is expert at what he does, beloved by his audience, young enough to be around for a long time and, although moderating with reasonable fairness, he has never expressed hostility toward Atlantic Yards.  We would be more likely to see change creep in with a replacement of a retiring Leonard Lopate, an older broadcaster who has more regularly acknowledged the legitimate basis for the community's dissatisfactions with the megadevelopment.  It would be nice if Mr. Lopate were around to interview Mr. Oder when his awaited book comes out, but who knows when that will be as the Atlantic Yards saga continues to lumber forward in surprising ways frustratingly postponing any neat point at which to wrap up.  Mr. Lopate could likely be replaced by someone who, on the spectrum, is more more likely to be confused with a corporate lapdog than Brian Lehrer, perhaps friendlier to developers like Ratner than even Charlie Rose.

In pertinent part the press release announcing the appointment of Ms. Gilmartin to its board reads in cheery PR speak as follows:
NEW YORK PUBLIC RADIO ANNOUNCES FOUR ADDITIONS TO ITS BOARD OF TRUSTEES

Richard Brail, MaryAnne Gilmartin, Loretta Brennan Glucksman, and Brad Whitman Named to the New York Public Radio Board of Trustees

(New York, NY – October 9, 2014)– New York Public Radio today announced that Richard Brail, Managing Director and Head of the Media, Entertainment, Communications and Technology Group at Peter J. Solomon Company, and MaryAnne Gilmartin, President and CEO of Forest City Ratner Companies, have been elected to its Board of Trustees. Loretta Brennan Glucksman, Chairman Emeritus of the American Ireland Fund, and Brad Whitman, Vice Chairman in the Financial Institutions Group at Morgan Stanley, were also recently elected to the Board at the Spring meeting of the Board of Trustees.
As a 501(c)(3) not-for-profit organization, New York Public Radio is governed by an independent Board of Trustees that meets regularly throughout the year. There are currently 35 NYPR Trustees, headed by Cynthia King Vance, Chair. Information on all Trustees can be found here.

“Rich, MaryAnne, Loretta, and Brad bring vast experience in business, media and non-profit governance that will advance both the work of the Board and the mission of New York Public Radio,” said Laura R. Walker, President and CEO, New York Public Radio.“I look forward to collaborating with them to keep New York Public Radio at the forefront of digital innovation, award-winning content creation and enterprise journalism that enriches the lives of New Yorkers and audiences around the world.”

“I am delighted to welcome Rich, MaryAnne, Loretta, and Brad to New York Public Radio’s Board of Trustees,” said Cynthia King Vance, Chair, Board of Trustees, New York Public Radio.“These accomplished leaders bring a passion for public radio and new and valuable perspectives to a highly engaged Board of Trustees. We are lucky to have them join us as we reach for even more ambitious heights at New York Public Radio.”

* * * *

MaryAnne Gilmartin is President and Chief Executive Officer of Forest City Ratner Companies. She has been point person in the development of some of the most high-profile real estate projects in New York City. Ms. Gilmartin led the efforts to build Barclays Center and Pacific Park Brooklyn, a 22-acre mixed-use development. Ms. Gilmartin also oversaw the development of The New York Times Building, designed by Renzo Piano and New York by Gehry, the tallest residential building in the Western Hemisphere, designed by Frank Gehry. In addition to these projects, Ms. Gilmartin has managed the commercial portfolio at MetroTech Center in Downtown Brooklyn, which consists of 6.7 million square feet of Class A office space. Ms. Gilmartin served proudly for over 7 years on the New York City Ballet Advisory Board. Currently, Ms. Gilmartin serves as a Board Trustee for the Brooklyn Academy of Music (BAM); a Member of the Board of Governors of the Real Estate Board of New York (REBNY); and as a Member of the Industry Advisory Board of the MS Real Estate Development Program at Columbia University.

* * * *

New York Public Radio is New York’s premier public radio franchise, comprising WNYC, WQXR, The Jerome L. Greene Performance Space, and New Jersey Public Radio, as well as www.wnyc.org, www.wqxr.org, www.thegreenespace.org, and www.njpublicradio.org. As America's most listened-to AM/FM news and talk public radio stations, WNYC extends New York City's cultural riches to the entire country on-air and online, produces award-winning programming for local and national audiences, and curates the best offerings from networks NPR, Public Radio International, American Public Media, and the British Broadcasting Company. WQXR is New York City's sole 24-hour classical music station, presenting new and landmark classical recordings as well as live concerts from the Metropolitan Opera, the New York Philharmonic, and Carnegie Hall, among other New York City venues, immersing listeners in the city's rich musical life. In addition to its audio content, WNYC and WQXR produce content for live, radio and web audiences from The Jerome L. Greene Performance Space, the station's street-level multipurpose, multiplatform broadcast studio and performance space. New Jersey Public Radio extends WNYC’s reach and service more deeply into New Jersey. For more information about New York Public Radio, visit www.nypublicradio.org.

# # #   
Press release about Gilmartin appointment, page one, click to enlarge
Press release about Gilmartin appointment, page two, click to enlarge
Ms. Gilmartin brings a "passion for public radio and new and valuable perspectives to a highly engaged Board of Trustees"?  And, we are lucky to have Ms. Gilmartin join WNYC "as we reach for even more ambitious heights at New York Public Radio.”  Really?  Plus there's that cleverly oblique reference that Ms. Gilmartin has been the "point person in the development of some of the most high-profile real estate projects in New York City."*
(*  Commenting on this article Norman Oder in Atlantic Yards/Pacific Park Report post 11/18/2014 writes: "Forest City has a passion for shaping perception--such as the erasing-history effort to rename Atlantic Yards as Pacific Park. - So even the capsule biography of Gilmartin,surely supplied by her office for the press release, is part of that effort [incorporated in the WNYC Press Release!]. According to the press release, Gilmartin `led the efforts to build Barclays Center and Pacific Park Brooklyn, a 22-acre mixed-use development.'- Actually, Pacific Park Brooklyn hasn't been built yet. The first tower is stalled. The second break ground next month.")
Another item in the press release that's probably of interest in this context is that Brad Whitman also being appointed to the board, although now with Morgan Stanley, came from Barclays Bank just months before where he was head of mergers for financial institutions.  Barclays is the bank whose name is on the Ratner arena. That prominent public spot was sold to it as advertising, confusing what the public should think about its misconduct.  The world is too entirely too small, isn't it?
(click to enlarge) The kind of public interest advertising we might see in the subway if the public were coming up with funds for what's posted there.  Instead, the recidivist Barclays has the subway station and publicly paid for arena named after it to wash away thoughts of its misdeeds.
Forest City Ratner has never done a project without deep publicly paid for subsidy and it has never done a project where it was selected by competitive bid.  Its modus operandi in pursuing its usually large scale crony capitalistic deals is to get on the political inside, buying elected officials with campaign contributions and then misrepresent what is going on, that which the public is getting and what the public is losing. 

For a little more background on this and Ms. Gilmartin's appointment, see: Saturday, October 11, 2014, The Forest City Ratner Cafe, at the Brooklyn Children's Museum, and Gilmartin's new role on WNYC board, Atlantic Yards Report- Atlantic Yards/Pacific Park Report- Atlantic Yards, Pacific Park, and the Culture of Cheating, Tuesday, December 1, 2009, Unfair Substitution of Fiction For Fact in the Atlantic Yards Dialogue and Wednesday, July 18, 2012, Noticing New York's Hearing Testimony Re New York City Housing Development Corporation's Subsidization of Ratner's Atlantic Yards Mega-Monopoly.

Am I being too inhospitable, too unwelcoming to Ms. Gilmartin's arrival at WNYC?  Should one's attitude be more of a civilized "live and let live" approach where commercial and noncommercial interests could cohabit in the public broadcasting space, exchanging ideas with he-said/she-said balances?  Would that be the right resolution?  Could we expect that cohabiting commercial interests in public broadcasting would restrain themselves and not use the usual tactics of superior financial resources to overwhelm? . .

. . I don't think so.   Public broadcasting is supposed to be the alternative to other broadcasting already steeped in and motivated by commercialism (dubbed the "vast wasteland" when public broadcasting was conceived- "endlessly screaming, cajoling commercials"), not another sandbox where commercialism can play in a different guise getting elevated to equal footing with the public interest and that which the public wants to pay for.

There are those reading what I write here who will say that public broadcasting is already too infected by and susceptible to the influences of commercialism.  Environmental Action has a current campaign against what are essentially bought and paid for pro-fracking advertisements on public radio:
"NPR has been accepting millions of dollars in "sponsorship" from the fracking front-group known as ANGA. In exchange for their support, NPR hosts like Steve Inskeep, Melissa Block and Audie Cornish routinely read messages that blatantly misrepresent the dangers of fracking to our planet and people.
(See: Fracking the signal.)
Indeed, too often NPR and APR's MarketPlace (we won't review the complicated pluralistic structure of public broadcasters here) have run one-sided stories about how good fracking will be for the economy that appear to have come straight from that industry's press department representatives.  But the fact that these inroads have been made is not a reason to let there be more.

No, Forest City Ratner and MaryAnne Gilmartin don't cohabit nicely in the sandbox with others and they don't share toys.  When they want the property that you have they take it for themselves by eminent domain, stealth, cheating, and dirty and brute politics.  And that is why MaryAnne Gilmartin should not be on the board of New York Public Radio setting policy, including news reporting and public dialogue policy, for the WNYC family of radio stations.

BPL’s Bklyn BookMatch- A Match For The Human Race’s Book Future?: Electronic Books and Robot Librarians?

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Brooklyn Public Library president Linda E. Johnson envisions staff reductions if her idea of a “new” state-of-the-art Brooklyn Library is ever built, not surprising since the “new” library she wants to “replace” the exiting one would be a mere fraction of the current library’s size.  Such staff reductions would follow on the heels of staff reductions at the BPL and a switching away from professional library staff that has been going on for a long time now. Librarians who once ran libraries have been replaced with “site managers” which sounds more like a real estate term. The BPL has also shifted away, in general, from hiring professional trained librarians, replacing them with lower-level clerks.

Ms. Johnson said that she did not know exactly how many fewer librarians would work at a smaller Brooklyn Heights Library in Downtown Brooklyn, that “the numbers have yet to be determined," but that her hope is that when built the "new building will be a model of efficiency" with a reduced staff that would not have to compensate for the drawbacks of dealing with a library that was of an "improperly" large size.

But does Ms. Johnson (problematically not a librarian herself) even know what a librarian should be, what functions they perform by being on site?  At the BPL’s September 16, 2014 trustees meeting, Ms. Johnson and her staff proudly unveiled a way to replace on-site reference librarians with an electronic service substitute, a sort of virtual reference librarian system that can respond to a patron's inquiry, and by virtue of calculating "appeal factors" (BPL’s terminology to describe the service) will tell e-mailers what books they want to read with a week's turnaround time.

Here is a quote from the presentation given the trustees:
You don't usually get this chance to have such a conversation with someone at the reference library desk.
Of course, as you are not face to face with a live person this won't be exactly such a chance either, but it goes along with how we shrink libraries for real estate deals.  The  BPL says it's recommended that the responding e-librarians try to make these responses "as personable as possible."

How will this work?  You might stroll into your local library to begin this computerized interaction to help find and discover what books you want to read.  Linda Johnson’s vision of any library into which you might stroll is a place from which physical books will soon almost entirely disappear. Books take up space and, when they disappear, libraries can be made much smaller, facilitating selling off their real estate, like with the Brooklyn Heights Library, the Donnell Library or the NYPL’s Central Library Plan (derailed at the moment).

If you stroll into a bookless library for your computerized interaction you won’t have the other ways of selecting books available to you.  You won’t be able to browse the shelves or discover that a book you really want but didn’t know about is adjacent to the book you thought you wanted to find (“it’s never the book you want, it’s the book beside the book.”). You won’t find the book you didn’t yet know you wanted because it luckily attracted your attention by being  unusually and promisingly fat sitting on the shelf, because it was unusually thin, because it was lovingly worn out, and unusually old.  You won't find it because it was in sparkling just-arrived condition, or because it caught your eye on the reshelving cart or as a librarian reshelved it because somebody else hot on the trail of the same kinds of things you might be looking for might just have used it.  You won’t start up a conversation because you have bumped into someone else with your interests wandering in the same section.  There will be none of this kind of `serendipity’ (if that’s what one should call it). And it's unlikely you’ll take home a book home from that bookless library that same day.

You might not choose to go into the library at all for your computerized interaction, the benefit of ever visiting that physical library perhaps being minimal, unless you are one of the 27% of New Yorkers that the NYPL estimates are currently on the other side of the digital divide and are without broadband internet access.  If you don't have your own internet access you may still be impelled to visit a physical library.

But where does this vaporous e-relationship go from here (even as we might have to struggle to describe what “here” is):
    •    Maybe, the beginning is that the e-responding “reference librarian” is in some (central?) Brooklyn location from which all such inquiries from Brooklynites get answered.
    •    The three New York City library systems, the BPL covering Brooklyn, the Queens Library covering Queens, and the NYPL covering Manhattan the Bronx and Staten Island too, have been in talks to coordinate and consolidate operations.  Would this electronic service not seem a service high on the list for such consolidation of operations?  Where will the e-responses be generated from then?
    •    At the BPL trustees meeting it was noted that the BPL was only one such library in the country launching such a system now, that other library systems are doing similar things.  Maybe then, very soon, all these systems can consolidate.  Then the e-responses to Brooklynites can come from someplace in the Mid-West where the cost of living is cheaper and salaries lower.
     •    But we have seen such out-sourcing in the past and what has ultimately happened often is that the work has been outsourced to foreign countries like India where, while many people still speak and read English, the salaries are still even markedly lower.
     •    But, would our libraries still want to continue to run these contracted-out services themselves at all?  The New York City’s library system administrators are clearly bowing to the influence of money and money-influenced politics and elected officials when they plan to sell public libraries to benefit private real estate developers.  Isn't it likely that library system administrators of such a mind set would be convinced to simply contract out these services to the private sector?  Doesn’t Amazon have an an algorithmic advice infrastructure already set up to assist people in deciding what they want to read?  Wouldn’t Amazon be the perfect candidate to take over the whole system?  If that happened, the Washington Post, now owned by Amazon owner Jeff Bezos, who acquired that newspaper at a premium, could then write in the paper's style section a clever and cheeky little article about how state-of-the art and efficient this new Amazon service was.  Truly, mightn't Amazon know best that “Customers Who Read This Item Also Read. . . .”
     •      New York library administrators continue to push to overcome public resistance as they seek to shift patrons away from physical books and over to the electronic books.  Amazon can supply those books and that way Amazon can keep track of each page you read on your Kindle and how long you spend reading it and. . . . that way Amazon can make very good recommendations.
   •    Will it be actual professional reference librarians who provide these services in the future?   . . . Or will there be shortcuts?  Maybe even the obvious ultimate shortcut: Perhaps, after the system has made do for a time with workers in India (that did or, like Ms. Johnson, didn’t spend time in school to claim library degrees), the system will progress to what could be the inevitable next step. . .  the e-responders need not be human beings at all!  With a few of those Amazon-copyrighted algorithms mashed up with some Artificial Intelligence programs there could be a set-up that works beautifully with the “bots” that these days roam our virtual universe without our being able to tell the difference.
Is there anything wrong with all this?  Can’t we simply hail it as the marvel of efficiency that it probably and most certainly is?

The book collections of New York’s libraries used to be curated by librarians assigned to the different area libraries who got to know their communities and would attend book-fair events to assess, based on their familiarity with their patrons, what books should be added to that particular library’s collection.  More recently, decisions about what books will be made available in local libraries around the city are being made more `efficiently’ from a central administrative location. It's done based on call slip data that can be aggregated and then the frequency with which a book is borrowed stands in for its value.

When City Council member Ben Kallos met with Citizens Defending Libraries (as a co-founder of Citizens Defending Libraries I was part of that meeting) he identified a pitfall with this approach: At one point he had been involved in efforts to substantially augment the supply of Japanese language books in the Roosevelt Island Library.  The library administration officials soon wanted to get rid of the books again. . .  Because there were nocall slips showing that the community was borrowing the books.  The books were, in fact, being used, Kallos explained, but due to cultural difference they were being used by patrons visiting the library and reshelving the books after reading them, not thinking in terms of taking them out of the library.  The library was regarded as the place to do one’s reading of library books.

In what is now known as the slow food movement we speak increasingly and ever more universally of the importance of food being grown locally and as having a “terroir,” a term once more often used narrowly to describe how the taste of wine reflected the special characteristics infused by where the grapes used to make a wine were grown.  Is it possible that when it comes to the brain food of books and libraries that this concept applies as well? Could it apply to an even greater degree?   Or is the importance of `locality'reserved for other things?  As far as I know, location, location, location is still the motto of the real estate industry 

Let me drum up some gloom.

A couple of weeks ago I went to the first day of a two-day conference held at Cooper Union on the dystopian aspects and perfidious promises of technology (Techno-Utopianism and the Fate of the Earth).  The conference organizers managed to put together an impressive 24 hours worth of speakers (Bill McKibben and Ralph Nader were featured Saturday night) on subjects that were individually highly fascinating, but in the aggregate bleakly depressing, especially given the warnings being dispensed about everything from Monsanto’s Genetically Modified Organism strategies, to synthetic biology, to the Genetic Redesign of Human Beings. . 

.  Some of the themes and insights discussed were how techo-fixes are destined to disappoint and lead ever onward to the need for more techo-fixes (Michael Huesemann), and how illusory technicalprogress” has substituted as a distraction for what once was the goal of social progress (John M. Greer).

Many of the speakers came back to certain common refrains like how technology can lead to massive and rapid societal dislocations (corporate land grabs in Africa and third world countries- Anuradha Mittal- or replacing dairy farmers with factories that produce synthetic milk from vats of genetically altered yogurt- Jim Thomas) and how those in control and already at the pinnacles of power regularly forerun the game, steering the promise of technology (or often just masquerades of its promise- GMO’s that don’t really produce more food or are not close to being off the drawing board, “yellow rice” that does not actually supply vitamins better than alternatives) to seize and redistribute even more power and wealth to themselves.*  These two things, dislocations and increased imbalances of wealth and power, are often related.
(*  It is interesting to note that, according to one speaker at the conference, Clive Hamilton, the same companies that spend to heavily sponsor climate science denial are also investing in and promoting “geoengineering” schemes to artificially cool down a warmed-up planet like pumping sulfur into the upper atmosphere. . . Talk about the your techno-fixes coming with awful downsides and unforeseeable ramifications!-  You mean it's not just satire?)
The comparative superiority and reliability of the natural and organically evolved existing order of things was also frequently mentioned, together with observations of how technicians tend to ignore such superiorities with anthropocentric hubris.  Efforts to de-extinct the Passenger Pigeon, likely to be futile, are phenomenally expensive and resource-absorbing compared to preserving existing threatened species (David Ehrenfeld) . . .  Aquanautic swarming robots designed to chop up jellyfish that clog and shut down nuclear power plants around the world (Eileen Crist) are a side-show compared to the global warming and overfishing that cause these exploding populations that some fear may soon take over the oceans entirely.

As we ascend into the techosphere of an ethereal ethernet existence does the concept of place, physical existence and physical interactions fall by the wayside, no longer important?  That’s a hard question.

Last month I attended WNYC/WQXR’s Community Advisory Board meeting and Graham Parker, General Manager and Vice President of WQXR, spoke about his goal for WQXR, the New York classical music radio station, to succeed as a worldwide radio station:.  He referred to “grand ambitions” to be “the Number One brand in classical music” with many listeners already in Ireland, Japan, Korea and China.  He cited a recent 19% growth in international listeners, and a 34% growth in national users.  This is an example of “placelessness,” of, as Mr. Parker put it, succeeding “way beyond our terrestrial borders.” At the same time Mr. Parker expressed optimism about fulfilling that ambition because, based in New York (an example of “placeness”), WQXR was well-situated to do so:   "New York is the best place to launch yourself from, into a national or international market.  We’ve got the best of everything in this city, and we’ve got the access to it."
    
For better or worse, another aspect of this is that WQXR views itself as competing with every other classical music station in the world.  That competition may make for better quality and increase the variety of high-quality offerings that listeners who are able to roam an entire globe of offerings can choose from, but, conversely, it also can ultimately diminish who, on the other side of this equation, gets to participate in accessing the global audiences.  A classical listener listening to another classical music station is not listening to WQXR and, vice versa, a listener to WQXR elsewhere on some far away spot of the globe is not listening to their local station.

It is akin to the situation with what have been termed "Massive Open Online Courses" or "MOOCs"  These can be viewed as a tool for democratizing higher education, making the instruction of excellent university professors available to multitudes world-wide at little or virtually no seeming cost to the immediate beneficiaries.  But in “Who Owns the Future?” author Jaron Lanier raises concerns.  There are“qualms about mono-culture” tied in with the fact that you are playing a high-stakes winner-take-all star system game.  He also wonders whether:
. . .on-line efforts of this sort could create siren servers, even nonprofit ones, which could end up undermining the finances and security of academics. . .

. . .  Students at colleges ranked lower than Stanford would tune in to Stanford seminars, and gradually wonder why they’re paying their local, lower-ranked academics at all.  If locals are to remain valuable once a globalized star system comes into being over the ‘net, it can only be because they are present and interactive.

But online experts can also be made virtually present and interactive. . .  Artificial intelligence can animate a simulated tutor. . .
Why should we keep on paying for colleges?  Why pay [to support] a privileged class of middle-class people? . .
* * * * 
This is a pattern we’ll see over and over again. . . You get an incredible bargain up front. . , but in the long term you also face reduced job prospects.  In this case. .  fewer academic jobs. .
. . .Get educated for free. . But don’t plan on a job as an educator.
He also observes: "digital networks have thus far been mostly applied to reduce [the] benefits of locality," the ability to be a"local star"knowing, and locally serving with particularity a local neighborhood.


Notwithstanding, I have a certain love of technology so I don't want to be overly negative.

And It would be unfair of me to present theories about where the future of electronically accessed off-site reference librarians might take us without first finding out the experience that this service presents now.  Accordingly, I decided to try it out.

The Bklyn BookMatch site presents a form with the questions (bolded below) to which I responded as set forth below:
Are you looking for any specific reading recommendations? If so, please explain below. Otherwise, please share the titles, authors and/or types of books you enjoy, and why: *

I have found extremely enlightening books about how we collectively create value in society, culturally, economically, technologically, and politically, largely through what we share and the ways we interact, how the multiplicity and variety of those interactions accelerate and contribute to advancement, essentially why "civilization" and "city" as words share the same route.

I seek out books for insight about the world that will, hopefully, improve my instincts (escaping or countering pulls in wrong directions) and equip me with tools for my own participation in that dynamic, hopefully responsibly and justly. Reiterating somewhat, I am attracted to ideas about the importance of the public realm, the public commons, the need to respect and protect it, and the rules humankind makes up, democracy included, in efforts to shape our shared society even as the world organically self-organizes itself.

Though civilization may represent what humankind complexly unites to create, I have found terrifically consonant edification in books reminding us that the natural realm is foundationally shared too, communally by all the planet's species, with convincing analysis that economics and ecology, functioning with similar overlapping principles, ultimately meld to erase dividing lines when it comes to establishing the interactive balances essential to thrive or survive.

Topics of particular interest: Communications industry, concepts of property and forms of ownership, money in politics and reforms to address it, organic development, and checks and balances on power, hubris and imbalanced dominions.

        Titles and authors I enjoy:

"The Master Switch: The Rise and Fall of Information Empires," by Tim Wu. I enjoy its brilliant illustration of how, without corrective intervention, the communications industries bend toward monopoly or monopsony with probably detrimental cultural, political and societal consequence.

"Common as Air: Revolution, Art, and Ownership," by Lewis Hyde. It convincingly makes the case for the societal advancement and organic benefits that derive from knowledge that's shared as part of a broad and extensive commons.

All of Jane Jacobs' books, including the most obscure, "The Question of Separatism: Quebec and the Struggle over Sovereignty." Jacobs is more famous for a single book, "The Death and Life of Great American Cities," but I especially like most of her more developed work: "The Economy of Cities,""Cities and the Wealth of Nations,""Systems of Survival" and "The Nature of Economies." I enjoy Jacobs' rigor and preference to learn from the closely observed rather than through the received prisms of the theories of experts.

As more elucidation about Jacobs, I enjoyed the book by Jacobs' protege, Roberta Brandes Gratz: "The Battle for Gotham: New York in the Shadow of Robert Moses and Jane Jacobs."

"The Power Broker: Robert Moses and the Fall of New York," by Robert A. Caro. Caro's perpetual preoccupation with the intricate working of power was first addressed to this era of urban change.

"Gotham: A History of New York City to 1898 (The History of New York City)," by Mike Wallace. I live in New York, so knowing about its history informs what I observe around me.

"The Federalist Papers," by assorted Founding Fathers, John Jay, James Madison, Alexander Hamilton. How important the understanding and thinking about the need for checks and balances on human faults and frailty and what mechanisms will work.

"Republic, Lost: How Money Corrupts Congress--and a Plan to Stop It," by Lawrence Lessig. A study of how money in politics delivers bad decisions and outcomes and how the problem of that money can be counteracted.

"Who Owns the Future?" By Jaron Lanier. This book fascinatingly grapples with the anomaly of how wealth in the technological era is created, in a broad-based way, via the contributions of all of us, and yet technology concentrates wealth in a few, economically squeezing the middle class to an ever greater degree economically and in humanistic terms.

Examples: Accelerating technological improvements mean "that more and more things can be done practically for free . . . When machines get incredible cheep to run, people seem correspondingly expensive." and "If observation of you yields data that makes it easier for a robot to seem [like you and replace you] then you ought to be owed money for [that]. This is such a simple starting point that I find it credible, and I hope to persuade you about that as well."

"The Origins of Political Order: From Prehuman Times to the French Revolution," by Francis Fukuyama. Looking at how we evolve better, stable governance.

"The Wealth of Nations," by Adam Smith. A seminal work on how capitalism works all on its own and, also, how it doesn't.

"The Uses of Disorder: Personal Identity and City," by Richard Sennett. Sennett builds on Jane Jacobs' theme that humankind's attraction to ordering the world can be unhealthy and stifle growth.

I also like books that provide insight into real people exercising important influences today, often finding them of increased interest when they are older and overlooked, perhaps written for a different intended purpose. In that category I would put-

"Bloomberg by Bloomberg," by Michael R. Bloomberg with help from Matthew Winkler. The book, released as Bloomberg prepared to launch into politics, contains an intriguing admission that when giving money to "charities" Bloomberg always considered what he was getting back in exchange.

"More Than They Bargained For- The Rise and Fall of Korvettes," by Isadore Barmash. A postmortem of how the once-successful Korvettes' chain devolved into the failure of a sell off of its substantial well-located real estate assets. Important because one of the characters in the saga is Marshal Rose, current NYC real estate magnate and simultaneously a trustee of the NYPL that is now looking to sell-off and shrink libraries as real estate deals.

Are there any authors and/or types of books that you don't like? Why?

“Robert Moses and the Modern City: The Transformation of New York,” by Hilary Ballon.  This “reexamination of Moses” comes across as too conveniently aligned with a suspect agenda to justify a return to large scale top-down planning.*

(*  Submitting this particular response was difficult.  The answer to the question had to be limited in length and I kept getting back messages I had to shorten it to be under the "maximum 255 characters long" even when I was under that character.  When I got down to 196 characters the program accepted my answer.)
Here is the response I got from the electronically available reference librarian.  Portions of it, as you likely can tell, were cut and pasted from elsewhere (usually text available in multiple locations on the internet including publishers websites) and I have highlighted those sections hyper-linking back to such other locations where the text can be found. Only one book description could not be found on Amazon, the one about U.S. Supreme Court Justice Sotomayor.  Amazon's description was, in this case, a somewhat customized version.  I did not, as predicted, have to wait a whole week to get my response back from email address: `AskALibrarian@oclc.org'.  I sent in my request middle of the day Friday and the response came back to me at the end of the day the following Monday.
Greetings from Brooklyn Public Library

Dear Mr. White,

Thank you for using Bklyn BookMatch! Based on your interests, I’ve created a customized reading list for you. The books I've selected cover a wide range of topics and interests, much like your impeccable reading taste.  In the list below you will find titles focused on technology, economics, the natural world, and more.  Please feel free to respond with any feedback.  Enjoy!
Based on your interest in economics and politics:

1.  Capitalism: A Ghost Story by Arundhati Roy
Based on your interest in economics and technology:
2.  Too Big To Know by David Weinberger
Based on your interest in important people and their impact in today's world:
3.  My Beloved World by Sonia Sotomayor

With startling candor and intimacy, Sonia Sotomayor recounts her life from a Bronx housing project to the federal bench, a progress that is testament to her extraordinary determination and the power of believing in oneself. She writes of her precarious childhood and the refuge she took with her passionately spirited paternal grandmother. She describes her resolve as a young girl to become a lawyer, and how she made this dream become reality: valedictorian of her high school class, summa cum laude at Princeton, Yale Law, prosecutor in the Manhattan D.A.'s office, private practice, federal district judge before the age of forty. She writes about her deeply valued mentors, about her failed marriage, about her cherished family of friends. Through her still-astonished eyes, America's infinite possibilities are envisioned anew in this warm and honest book, destined to become a classic of self-discovery and self-invention, alongside Barack Obama's Dreams from My Father.
Based on your interest in economics and technology:
4.  Remix: Making Art and Commerce Thrive in the Hybrid Economy by Lawrence Lessig
Based on your interest in the natural world and its connection to man and humankind:
5.  The Bonobo and the Atheist: In Search of Humanism Among the Primatesby Frans de Waal
In this lively and illuminating discussion of his landmark research, esteemed primatologist Frans de Waal argues that human morality is not imposed from above but instead comes from within. Moral behavior does not begin and end with religion but is in fact a product of evolution...Rich with cultural references and anecdotes of primate behavior, The Bonobo and the Atheist engagingly builds a unique argument grounded in evolutionary biology and moral philosophy. Ever a pioneering thinker, de Waal delivers a heartening and inclusive new perspective on human nature and our struggle to find purpose in our lives.

I've also made a booklist for you in our online catalog: http://bit.ly/1xy8Zek.  You'll notice a few more titles not mentioned above - these are just a few more recommendations.  Once you sign in to your account, you can easily place holds on any or all of these books. 

Please don't hesitate to reply to this message letting us know what you think about my suggestions and this service. Happy reading!
My response?  It's below.  I had to be honest:
I love these recommendations.  Thank you.

Interestingly, Sonya Sotomayor was a board member at one of the government agencies where I once worked, and, at one point, I wrote an article in the form of an "open letter" to her about eminent domain abuse.

As for the bonobos, that is relevant to some of Francis Fukuyama's discussion.  I recall, we currently believe that chimps and bonobos are both more closely related to humans than they are to each other-  Hmm.  Figure that out.  (Link below.) Francis Fukuyama focused in on the behavior of chimps and might have gone in a somewhat different direction in his thoughts if he'd focused on bonobos.
This librarian sounds like a nice and interesting person.  Wouldn't you like to meet her in person?
The email I got back gave her name and specified her title as "Librarian, Brooklyn Public Library."  Here are some other things I learned about her.  Her email told me something that I had not gleaned from BPL president Linda Johnson's presentation to the BPL trustees: She was responding using an OCLC ("Online Computer Library Center, Inc.") email address, not a BPL email address.  On the web page that popped up for OCLC it says about OCLC: "The world's libraries connected. . . . OCLC members make a collective impact, worldwide."

Disappointed, I thought that maybe my friendly assigned reference librarian wasn't a New Yorker and didn't work for the BPL.  But on Facebook I learned hearteningly that she lives in New York City (likely even in Brooklyn!- Williamsburg to be exact), came from Chicago, Illinois after studying Library Science at University of Illinois at Urbana-Champaign.  From Twitter I learned she is a poet.  A real person living in my city doing real things!  She is even a trained librarian working as a librarian, but apparently she doesn't work on staff for the BPL.  She works at Teachers College, Columbia University.  Maybe my quick response from her was by reason of her weekend moonlighting.

In promoting a just announced (but, like many others, very long in the works) plan to to redevelop the Sunset Park Branch Library into a "Mixed Use Real Estate Opportunity" the BPL is having conversations directed at the local community promoting this proposed redevelopment by telling people, in part, that the the development can be viewed as a jobs program (30-35 construction jobs during an estimated two years of construction) because construction means jobs.  But, think, if the administration of libraries can be conceived as a jobs program as the BPL was making the case, why not consider that the jobs that librarians do are important jobs to keep and provide. . . worth publicly paying for even when that means setting aside worship of technical efficiencies?

During the Great Depression the WPA (the Works Progress Administration) hired artists and theatrical performers to ply their trade, essentially almost to be themselves.  Mightn't it, in this day's challenging economy, make sense for the government to hire and pay people just to be smart, well read, informed and, without an agenda, informatively out and about and intermingling with our local communities, particularly with the goal of being in service to others, those most intent on self-educating themselves?

Would it be important to insist that these people focus on being "efficient" in their interactions, doing as much as possible with as few bodies as possibe?  Did we/should we have demanded this of the WPA artists and performers?

`Efficiency' may not be all that it's cracked up to be.  The great urbanist thinker Jane Jacobs, a proponent of the benefits if diverse, differentiating and naturally evolving development in books like "The Nature of Economies" looked askance at the "supposed efficiency" of monopolies and, with Detriot being one of her examples, she denounced specialized efficiency at the expense of diversity, considering it a prelude to economic stagnation.  Economies that sacrifice ample diversity, like ecosystems that do so, are less adaptable, less stable, less resourceful, less able to improvise, less able to develop and evolve.  To Jacobs, an economy with few sorts of niches for people's different skills, however efficient, is one that suffers impoverishment.

The proposed redevelopment of the Sunset Park Library weeks ago is the first time such an announced redevelopment of a library by the BPL has involved a proposed increase of library space rather than another shrinkage since Citizens Defending Libraries has been on the scene shedding light on the BPL's real estate ambitions.  It would be flattering to think that the increase in size as part of the proposal is even a reaction to knowing that Citizens Defending Libraries is on the scene.

Ironically, the BPL is hinting that it may give the Sunset Park community what it wants, a library that might well wind up being larger than the small size down to which the BPL is concurrently proposing to shrink the central destination Brooklyn Heights Library.  The Sunset Park community wants a new library that is two stories above ground, and for that space to be more than the 17,000 square feet the BPL initially proposed.  The folks in Sunset Park say they miss the two-story, above-ground Carnegie library the neighborhood once had that was larger than the box that has replaced it there now.  The BPL is responding that it sees the sense of what the community is requesting and is looking to accede if it can secure some increased funds.  By contrast the BPL is planning that the Brooklyn Heights Library would consist of only 15,000 square feet of such above-ground space with 6,000 square of ancillary below-ground space.

While the Sunset Park library is proposed to have more space, the BPL has not fully updated its sales pitch and is using many of the same words to describe why its hurried priority must be redevelopment of the Sunset Park library to make it `work better.'  (The BPL currently now rents out space in the library to Workforce1 that it could easily reclaim to expand without redevelopment.)   If you know the code words, the same words and overlapping phrases may hint at the same kind of staff and librarian reductions for Sunset Park as the BPL envisions for Brooklyn Heights:  "probably the most important issue . . .  this current layout. .  is not adequate to the services that are needed in the community today. . .  we need more technology."  The BPL spokesperson also again referred cryptically to existing space that "is not usable."  That phrase, used quite frequently in PR promotions for shrinking libraries, seems to refer often to space used by librarians and for them to exist in.

Said BPLs spokesperson to the community (emphasis supplied):
This branch isn't laid out in an ideal fashion.  I don't want to. . .  [He then named two Librarians by name], they deserve lot's of space, but unfortunately, in this branch right now, there's probably more staff space than is ideal.  So if we can start from scratch we can get that mixture, that balance of staff space and public space.  We can probably get a little closer to where we should be.  Again, we have the opportunity to create a modern, technology rich and welcoming library.
Well now that I have my book recommendations from my email pen pal of a librarian I'll have to plan to get the books.  But since books, like librarians, are disappearing from the library and are not available at the library until ordered (like Amazon), I'll have to order them to come in to my library from where the BPL now keeps its much smaller collection that mysteriously `floats.'  The BPL administration says the `floating' books not at the libraries you visit can be available with “usually a week’s turnaround”  (that's a week after the previous week's expected turnaround with the email reference librarian).  The time might even be less, but reports are coming in that it often takes nine to eleven days to get ordered books.

I'll try to wait as efficiently as possible.

With Big Bucks Out To Hijack Truth and Broadcasting Integrity- The Daily Show and Bill Moyers Set Models for WNYC Radio

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October 29, 2014, Jon Stewart takes on the Koch's when they advertise on his show.
This October when the Koch Brothers ponied up $$$$ to muscle in on the Daily Show (broadcast on a commercial network- Comedy Central) to gain influence through paid-for advertising spots, Jon Stewart pushed back scathingly with a brilliant “adjusted” version of the Koch's own commercial, torpedoing the Koch ad by sinking it in proper context, i.e. the pertinent facts of what the Koch’s are actually up to.  (See: Democalypse 2014 - South by South Mess: Ad of Brothers, October 29, 2014.)

Bravo!

A Model for Public Broadcasters, Maybe WNYC Public Radio?

That raises the question of what happens when similarly objectionable sponsors hope their money plus messages will hijack the public’s reliance on the integrity that people expect from public broadcasting, integrity we expect partly because so many of us ante up our own contributions so that such broadcasting will be paid for largely by our own listener dollars.. . .   The fracking industry has been paying public radio to run its pro-fracking “think about it”campaign. David H. Koch, a heavy funder of climate science denial, sponsors, with mysterious intention ,“Nova,” a premier PBS science program. And David Koch has been put on public broadcasting boards!  Where is Stewart’s spirited, contextual, integrity-regaining push-back against such sponsorships on these non-commercial public networks?

Similarly, what does public radio station WNYC do when $$$$$ is flashed by an objectionable and powerful entity intent on selling fictions about itself?  Do they perhaps put that entity’s Chief Operating Officer on its policy-setting board and send out a press release that spiffs up that CEO’s reputation, if that, in fact, is the very least they do?  (Would that be a poor attempt to follow in the steps of the Daily Show to evoke laughter?). . .

. . .  At least $$$$$$ is the presumed reason that people believe that MaryAnne Gillmartin, the CEO of our local real-estate-subsidy-pursuer Forest City Ratner, was recently appointed as a WNYC trustee, because people can see no other explicable reason for her appointment other than $$$$$ and see lots a reasons why she should definitely not have been appointed to such a position.   See: Sunday, November 16, 2014, Is Forest City Ratner, As Victor, Writing Our History?- WNYC's Press Release on Appointing Forest City Ratner's MaryAnne Gilmartin to Its Board of Trustees and  Tuesday, November 18, 2014, Was Forest City's Gilmartin appointed to WNYC board because of "passion for public radio" or fundraising help?

The Message to Send Back

How does one push back effectively?


For the Daily Show the vehicle was humorous satire, but the“adjusted” Koch brothers commercial the Daily Show crew created provides a model for what to do when someone comes knocking at your door seeking to buy what will be perceived as true.  Such a response doesn’t necessarily have to be couched in satire. . . . And the essence of the Daily Show’s tactical response applies quite well to the ways that Forest City Ratner can be outed when it lies about itself.

The `adjusted’ Koch brothers commercial, with some helping emphasis from Stewart’s bantering introduction to it, let us know:
    •    Who the Kochs are really are behind this offered veil, a not so friendly giant that’s far too eagerly controlling far too many aspects of our environment.
    •    That their commercial is the facile purchase of a cheerily false veneer of happiness, a virtual “smile factory” to generate a “how bad could they bemessage.
    •    That, in a shadowy way, they deploy a spider web of dark money that buys our elections and politicians.
    •    That the ad is far more important for what it leaves out than for what it includes.
    •    The ad has a 180 degree from the truth message: We are making your (the listeners’) lives better, instead of, in actuality, destroying much of the essential environment and natural ecosystem around you.
    •    There is a scary ubiquity, omnipresence, inescapable dominance on the part of the sponsor, relegating or exiling the rest of us to potential non-entity status.
    •    That even our thoughts and basic understanding of the truth is at risk as these entities work to indoctrinate all, even our innocent children, to believe their manufactured falsehoods and seek to commandeer and rewrite our sources of knowledge.
    •    That, in their view, everything, every aspect of us, is up for their monetizing grabs.
    •    That they are unfair to the average worker they employ, offering low wage jobs.
    •    That they are: “The next generation of robber barons bending the democratic process to our will.”
(While the description above is generated from viewing the Daily Show segment about the Kochs, the hyperlinks are all set up to document the similarities to the Forest City Ratner organization.)

Another Choice Video, Another Model for WNYC


(Above: Democalypse 2014 - South by South Mess: Ad of Brothers, October 29, 2014, click through to Daily Show for best viewing).

If you haven't already watched this four-minute Daily Show segment I highly recommend that you do and I don't think that my analytic summary above will subtract from your chortles or appreciation of what an exquisitely structured piece it is.  . . .

I have another choice segment of exquisitely constructed video, 22 minutes, that I am going to urge you to watch that I will discuss here as a second model for where WNYC should want to head in dealing with Forest City Ratner and the New York City real estate industry in general.  This one is from another broadcaster, Bill Moyers.  I specifically cited it as such an example in an email I sent to WNYC president Laura Walker in follow-up to talking with her after the last WNYC trustees meeting.



(Above: Full Show: The Long, Dark Shadows of Plutocracy, November 28, 2014- transcript available at this link- click through to Moyers & Company for optimal viewing.)
 
First let me set the scene a bit.

WNYC Community Advisory Board Meetings
November 18, 2014 WNYC Community Advisory Board meeting.  Attendance of New Tech City's  Manoush Zomorodi (facing, far right) was featured.
Some of us who considered absurdity together with danger to be inherent in Ms. Gilmartin’s appointment to WNYC’s policy-setting board went to the last two WNYC Community Advisory Board meetings (October 20, 2014 and November 18, 2014) to comment and object.  By the second of these two meetings the advisory board was beginning to weigh and think about our objections.  Unfortunately, the advisory board is no more than advisory; it doesn’t run things and can only relay to the board of trustees that does run things the feedback gotten from the public.  Unfortunately, the Community Advisory Board’s reports to the WNYC trustees board are only annual.   The next report including these objections won't go to the trustees until October of 2015!
At the October 20, 2014 Community Advisory Board meeting there was a presentation about sister station WQXR's aspirations/ambitions
December 3, 2014 WNYC Trustees Meeting
December 3, 2014 WNYC Trustees Meeting
No matter, some of us then went to the December 3, 2014 WNYC trustees meeting, the first trustees meeting held since Ms. Gilmartin was placed on the board. Ms. Gilmartin sat in a seeming position of honor right next to Laura R. Walker, board member, President & CEO of WNYC who conducted most of the meeting.  Ms. Gilmartin sat somewhat sullenly without speaking, probably aware that objections had been raised about her appointment.  When I spoke with President Walker afterwards she said that, because seating at the meeting was not assigned, nothing should be inferred from who was sitting where, but she refused to say who sat next to whom first respecting Ms. Gilmartin and herself.
Second and third from left, Walker and Gilmartin seated next to each other
While the WNYC board apparently hadn’t heard from the Community Advisory Board, a number of the members, Ms. Walker included, were expecting us and knew why we were there.  Even so, apparently not all the members were similarly aware and the Noticing New York’s article about Ms. Walker’s appointment had not been distributed to all the trustees.

An opportunity for public comment was not part of the meeting, but Ms. Walker noted that the public could approach and speak with the trustees who lingered after the meeting's executive session (during which the public had to exit the room).  Returning afterwards is when I spoke with Ms. Walker and an assisting staff member.

I was told that Ms. Gilmartin’s appointment had been in the works for more than a year.  Although I pressed for an answer, Ms. Walker would not say whether anyone had raised the obvious likely objections to Ms. Gilmartin’s appointment other than to let me understand that there had been discussions about Ms. Gilmartin's qualifications.  I asked, and Ms. Walker said that she had known Ms. Gilmartin for a number of years.

At the meeting, and outside of it afterwards, there was discussion about a gala (including what to wear) and, outside the board meeting room, there was also some discussion about how there was a lot of money in the borough of Queens, as in Flushing, that was not and ought to be represented on the NYC board.  As we were there to say that representation of actual people and listeners ought to be represented in the composition of WNYC’s board, not Forest City Ratner’s money, I was sensitive to the phraseology that there was “money” in New York City that needed to be represented on the board.

This dispersal of board members after the meeting was rapid.  I did not get to have much in the way of conversation with very many, but one of the board members who said he was aware of the controversy about the Gilmartin appointment said that he did not have any problem with it because he thought that Ms. Gilmartin and her interests should be represented on the board as part of representing the interests of “all New Yorkers.”

My Noticing New York point of view is that WNYC and public broadcasting is intended to be an alternativeto the relentless expression of commercial speech and is not supposed to be setting up a he-said/she-said balance on its board between all of the city’s commercial interests and those of the public.  There is also concern that with any such `balance' it will shift inexorably in the direction of the commercial interests represented.

Kurt Andersen Interview of  Cultural Affairs Commissioner Tom Finkelpearl

Left Cultural Affairs Commissioner Tom Finkelpearl.  Right Studio 360's Kurt Andersen
As if to emphasize the intersection of NYC's coverage of news and culture in New York with governance and politics, a centerpiece of the publicly held  portion of the trustees meeting was a half hour interview of NYC Cultural Affairs Commissioner Tom Finkelpearl.  He was interviewed by Kurt Andersen, known for his "Studio 360"program broadcast in prime slots in the station's line up.  Andersen quipped that without the editing and typical winnowing of a typical "Studio 360" interview (talking for an hour but getting the best ten minutes) he and Mr. Finkelpearl were not going to sound nearly as good as what usually goes out on the air.  It was, indeed, odd to hear Mr. Andersen's familiar voice associated with a face I might not have guessed went with it.  Present in the room with him, he didn't sound quite so perky.  If you'd like to listen to Mr. Andersen, "Studio 360" did an absolutely brilliant, recently rebroadcast, 2013 hour about the Disney Company parks that included discussion of urban planning issues, but not in ways that would relate those issues obviously to NYC.
Agenda for Trustees meeting
Commissioner Finkelpearl, a pleasant, erudite fellow may be familiar to our readers as he has gone to bat several times to speak on behalf of "Spaceworks."  Noticing New York views the Spaceworks very differently since the private Spaceworks firm, formed at the end of the Bloomberg administration (and not covered by WNYC yet) albeit "nonprofit," seems to have a decided real estate bent and has declared as one of its primary missions the acquisition and shrinkage of New York City Library space as "underutilized."

The Finkelpearl/Andersen interview discussing how culture and economics interrelate generally got around to discussing real estate, specifically Hudson Yards, which, as it is a thematic sister to Forest City Ratner's Atlantic Yards, should have been reason for Ms. Gilmartin's ears to perk up.  Conversely, might Mr. Finkelpearl's perception of Ms. Gilmartin have gotten an adjustment from sitting across from her that morning?  Hudson Yards is fewer acres and in many ways not as bad as Atlantic Yards, but similar vintage, both being mega, single developer projects sired under Bloomberg.

The discussion of Hudson Yards came up in the context of the millions of dollars the city is spending in terms of "partnerships" with cultural institutions and how culture, in the likely form of a governmentally assisted institution ($75 million), could be integral to moving the huge, single-developer Hudson Yards project along.

Back to David Koch

Concluding the Finkelpearl session, trustees were able to put their own questions to the Commissioner and the first as about whether Mayor de Blasio cares sufficiently about the Metropolitan Museum of Art.  Mr. Finkelpearl said this was not true, recounting that the department was actively involved with the Met and that he police commissioner had gotten involved with the issue of food cart vendors outside of the Met.  The issue has been exacerbated by the opening of the new (publicly protested) David H. Koch plaza outside the Met and is one that David Koch, living nearby, is speculated to be one he takes a personal interest in. Koch thought the old fountains outside the Met were "crummy" and  says of the replacement scheme"I suggested the whole project," reportedly getting into the "micro-details" of it.  We heard Mr. Finkelpearl explain that the Met gets $24 million a year from Cultural Affairs plus often getting "large capital investments."  City schools get $22 million yearly from the department.

Mention here of David Koch provides an opportune segue to discuss the Bill Moyers segment I recommend and the email I sent about it to Ms. Walker.

The Koch brothers represent the essential epitome of the fossil fuel industry and its outsized power.  In my email communication to Laura Walker about omissions that weaken WNYC’s coverage I cited, by example (you see how I detailed this in the actual email I sent below), the new episode of Moyers & Company that addressed itself to the outsized power of the real estate industry in New York City.  One point made during the Moyers show was the equivalency of the real estate industry  vis-à-vis New York City to the overbearing influence of the oil and fossil fuel industry nationally.

Putting Ms. Walker on the Spot
Compensation information for WNYC president Laura Walker from station's 2012 990 IRS filing
You may perhaps observe that my questions in my email below put Ms. Walker very firmly on the spot.  Before feeling too sorry for her consider that she is paid big bucks for these decisions and presumably to take the heat for it.  WNYC’s most recent IRS 990 forms on file with the Guidestar service (signed 05/14/2014) show that Ms. Walker’s reportable compensation for 2012 was $559,838 in addition to which she received from WNYC that year another $98,178 in the category of deferred compensation and non taxable benefits, for a total compensation package back in 2012 of $658,016 for her estimated 35.5 hours of work per week.  (Her salary, $486,688 in June 2007, was last noticed by Gawker in 2009, so it’s been going up a bit.)


In point of reference, talk show host mainstays Leonard Lopate and Brian Lehrer were paid for that reported year, $236,211 and $287,084, respectively (plus, respectively, $25,219 and $31,900 in the category of deferred compensation and non-taxable benefits).

My Followup Email to Ms. Walker
From Noticing New York's December 24, 2013 coverage (like Moyers) of the plutocratic towers casting shadows on Central Park- Slide promoting Skyscraper Museum Show-"View of Central Park from One57"
Here is my email to Ms. Walker:
Dear Ms. Walker,

When we talked after the WNYC board meeting yesterday you said that if there were ways I thought that WNYC could be doing a better job covering and addressing issues that I believe need to be addressed in this city I should let you know and that you would relay my thoughts to the WNYC editorial board assuring me that, notwithstanding the recent appointment of Forest City Ratner CEO MaryAnne Gilmartin as a trustee to WNYC's policy-setting board, that the listeners of WNYC will get the coverage of important issues that is deserved.

In that regard, I call to your attention a new episode of Moyers & Company: The Long, Dark Shadows of Plutocracy, Aired: 11/28/2014.

Although Moyers & Company is an independently produced nationally syndicated program that deals with issues of national importance I think you will observe that the entirety of this particular 22-minute program focuses on a series of connected concerns that are all local New York City issues, the kind that it would be the natural province of WNYC, our city public radio station, to cover.

This Moyers & Company episode, in a connecting-the-dots fashion showing the interrelationships, zeros in and seamlessly addressees all of the following issues:
    •    Increasing wealth inequality in NYC with the ascension of a privileged elite buying power to create an increasingly unlevel playing field that's being taken advantage of to create more power and wealth inequality.  (i.e. the  "dark shadow of plutocracy")
    •    The invasion of a significant public commons with its sacrifice to privileged private interests.  In this case that public commons is specifically, but also somewhat symbolically, the example of Central Park.  It is important to remember that WNYC similarly represents a significant public commons.
    •    Reminders of how our collectively shared commons represent the experience of democracy and its effective functioning.
    •    An elucidating equation of the power of the real estate industry in NYC with the all too influential national oil industry centered in Texas.
    •    How this disequilibrium translates into bad urban design and degraded living conditions for the average New Yorker with developer greed driving that detriment.
    •    An analysis of how the "Swiss bank account money" fueling these subtractions from the public good (per New York Magazine's "Stash Pad" cover story) likely doesn't pull its weight in contributing to the local economy, notwithstanding former Mayor Michael Bloomberg's defense of the super-rich and his political urging that the NYC economy be channeled in this direction.
    •    That, because of political machinations and dodgy deals in Albany linked to questionable campaign contributions, democracy and the public interest is being sold out in these regards, which means that these wealthy luxury apartment owners who very frequently don't pay local income taxes also very dramatically escape a proper shouldering of their fair share of real estate taxes.
    •    How the Moreland Commission, set up to investigate abuse and corruption in Albany politics, was focusing on these exact city real estate industry issues when it was dismantled by Governor Andrew Cuomo as it got too close to his own conduct in regard to these particulars.
    •    How the imbalances in the way we are managing our public resources is resulting in a less diverse, increasingly exclusive city with the needs of significant sectors of the population being insufficiently or completely unsupported.
    •    Some thought about what makes for effective public protest and countering political actions in the face of these things.
I doubt that you would disagree that all of these concerns plus the way that they are interconnected are of vital interest to New York City's populace and WNYC's listeners.  I therefore invite you to submit this Moyers episode to your editorial board and ask them when WNYC has covered these issues and their interrelation with similar comprehension and vigor.  I also ask you and the editorial board to identify when WNYC has subjected the Forest City Ratner organization and its activities that very much affect the city to the same kind of careful scrutiny.

I recognize that pieces of much of the above have been covered in fits and starts from time to time by various WNYC programs.

Brian Lehrer, for example, has (almost unavoidably) independently covered such topics as "stash pads" and the luxury towers casting shadows into Central Park, and has also had some excellent discussion about Governor Andrew Cuomo's dissolution of the Moreland Commission. Still, given that WNYC intends to be a station that prides itself on long-format, in-depth and analytical, in-context reporting, where is the kind of in depth reporting from WNYC that, like the Moyers story, pulls these things together, interrelating them for the kind of comprehensive overview that begs to be made?

I've covered much of what the Moyers episode addresses in Noticing New York, routinely making most of the same connections, and I do so because it has been my priority to deal with what I believe is most critically in need of being addressed in terms of New York City development, governance and politics.  That NNY coverage has been possible despite the fact that financially Noticing New York is essentially a shoestring, zero-budget operation.  So it doesn't take money.

Yesterday I repeated to you the suggestion made by one of the public attendees at the last WNYC Community Advisory Board meeting, that if comes to a question money (one of the CAB members suggested money was at the root of certain practices in question) that WNYC should simply consider "doing less with greater integrity."
A side note before concluding:  I realize that in holding out to you the Moyers work as an example, I may be undermining arguments I have recently been making because: 1.) It involves commendable actions recently taken by the Municipal Art Society although I have criticized MAS to the extent to which they, with board changes of their own, have abdicated- or reversed- much of the core mission MAS once pursued, and 2.) the broadcast came to New Yorkers via WNET Public television which I have criticized for not covering the the real estate industry issues that beset the city.  Quite true, but: A.) MAS could hardly ignore the magnitude of the issue (even if it is interesting that after the 1980s TimeWarner building construction battle precursing this more recent tower shadows issue was not completely won, MAS appointed that questionable building's architect as its board chair), and B.) As a nationally syndicated program the Moyers show bypassed the local editorial board, and was not a product of it.
I am thankful for WNYC's coverage of such local development issues and associated politics whenever it is clearly good, which it can be, but I am taking you up on your offer to communicate what needs and ought to be better, gaps that need to be filled.   Please let me know and direct my attention accordingly, if I have overlooked WNYC coverage that would match up to the story that Moyers & Company just produced.  Likewise, do let me know if you think that there has been rigorous coverage of Forest City Ratner that is comparable.  If that's not the case, I'd be delighted to hear that you are communicating to the WNYC editorial board that there are standards toward which they yet need to strive with the expectation of beneficial results to follow.

Thank you for your attention.
Above and below from the Moyers report

 "Masculine" vs. "Feminine" News, What's Most Important To Cover

Years ago, I heard on public radio (I was traveling and I am not sure it was WNYC and cannot retrieve more facts) a fascinating speech by a prominent national female news anchor of the time.  I am guessing that the speaker might have been Diane Sawyer and that this was in the 1990s.  She spoke about what is perceived as  “male” or “masculine” news, which was considered “hard” news and more important than what was considered “female” or “feminine” news.  Political news was generally viewed as falling into the “masculine” news category that also frequently preoccupied itself with headlines about crises that might be covered with relatively short spans of attention from the media.  Conversely, “female” or “soft” news, often dismissively viewed, tended to focus on the very intricate texture and meaning of our daily lives, often in ways that might help foreshadow or help us comprehend and prevent crises.

I remember coming away from hearing the speech with a very deep respect for the importance of this deeper, more contextual, background kind of news often viewed as “feminine” and inferior.

Fluffy News to Put You to Sleep?

That being said, I am beginning to wonder whether there has been a programming shift at WNYC to the less substantial, less meaningful, the kind of stuff that life-style commercial networks already cover with more than sufficient adequacy.  I asked Ms. Walker what she thought the purpose was of including Ms. Gilmartin in a July 15, 2014 Brian Lehrer segment about how to get a better nights sleep.  At the time that of that broadcast Ms. Walker and her board were obviously, based on what she said, considering honoring Ms. Gilmartin with an appointment to the WNYC board.  Ms. Walker did not really have an adequate answer, except to say that Ms. Gilmartin was just there as another female executive although I pointed out that her appearance in that segment alongside Arianna Huffington, head of the Huffington Post and AOL was obviously burnishing for Gilmartin’s reputation.

Background IS Indeed Important News

I actually view politics as being deeply imbued in the fabric, texture and background of our lives, what might be considered the feminine, often dismissed side of the news cycle.  Ergo, Ms. Gilmartin’s appearance in the context of that segment has political meaning.  Similarly, the background urban environment in which we live and the meaning it gives our lives is important, part of what we pay attention to and the decisions we must make when we govern ourselves.  For instance: Aren’t landmarks an important part of the way we feel and emotionally connect to the city in which we live?  It appeared the real estate industry had inveigled the de Blasio administration to do a massive, wholesale “de-calendering” of all of the landmarks now before the city Landmarks Commission to preserve, a total of about 100, jettisoning years of work by preservationists. . . New York Times architectural critic Michael Kimmelman posted to Facebook that it was “a sop to the real estate industry and the opposite of transparent, especially without a public hearing.”  

Indeed, done en masse under the vague “housekeeping” rubric, attested to an intention to hide exactly who was intended to be benefitted by whatever the juiciest handouts were in the group, but it was a safe bet that there were at least several really juicy ones, one of them perhaps the intention to build yet one more in the parade of supper tall towers south of the park at the site of the 57th and 5th Avenue’s Bergdorf Goodman!

. . . The Brian Lehrer show didn’t get around to covering the potential disaster but, thankfully, the plan was set aside after massive opposition anyway.  The Leonard Lopate show got around to it after the fact, almost too late.

Moyers Watching Stewart
Moyers commenting favorably on Stewart's treatment of his Koch sponsors
Will Jon Stewart’s bite the hand that sponsors you by assembling appropriate truth-telling adjustments catch on with public media?  Stewart’s push-back apparently did catch the eye of one public broadcasting veteran, none other than Bill Moyers himself.  Days after the Daily Show segment aired, the Billmoyers.com website put up a post with a link back to the Daily Show observing how Stewart had meted out his  honest helping of justice for the Kochs’ “series of treacly, feel-good commercials touting all the wonderful things the company does to make our lives better.”
The Goldman Sachs commercial that pops up links to more video promotion for Goldman, including its involvement with huge real estate projects in New York City.
There’s work for Moyers to do in this regard because the efforts of $$$$$ to encroach are everywhere. . .  It’s ironic, but when I clicked to watch “The Long, Dark Shadows of Plutocracy” what I got first before it started to play was a “treacly, feel-good commercial” for Goldman Sachs and company “touting all the wonderful things the company does to make our lives better.”   As written about previously here in Noticing New York, Goldman, including a subsidy-abusive real estate manipulation to build its own NYC office tower, was squarely targeted by Moyers in at least one previous Moyers broadcast.

Does this go in the “you just can’t win” category?  I’d like to think that Moyers has dished out far better than he has been subjected to, that his integrity is as mightily intact as it appears to be, and that at this point he is miles ahead of those who spend to piggy-back on his message, hoping to neuter the truth he offers. . .  That he, like Jon Stewart, may still be thought of as setting a good example for WNYC.
PS:  Something for Noticing New York to do next?:  Look more carefully at the composition of the rest of the WNYC board to consider whether we can expect there to be adequate checks and balances to the kind of influences that come with appointments like Ms. Gilmartin's.

Seasonal Reflections: No Matter How Fortunate or Not, We Are All Equal, Sharing a Common Journey

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The cusp of a new year and the winter solstice have arrived and it is again that time when, Noticing New York returns to its now annual tradition.  Since 2009, Noticing New York has annually offered a stocktaking of the decisions we are making in the public sphere that make it appear that we are veering off to a reality where a select few of our population revering money and accumulating “wealth” count for almost everything while the rest of us are treated with increasingly less regard.  I’ve done this in the context of two traditional Yuletide tales, both taking place in critical part on Christmas Eve, and both essentially the same story in many respects: Dickens’ “A Christmas Carol” about the reformation of the miser Scrooge and Frank Capra’s “It’s a Wonderful Life.” Both these stories frame the importance of free will and choice in terms of alternative possible realities, in order to contrast decisions about the bunching up of wealth and treasure with the benefit and spirit of shared community and giving.
(* You can find out prior annual essays here: Thursday, December 24, 2009, A Christmas Eve Story of Alternative Realities: The Fight Not To Go To Pottersville (Or Ratnerville), Friday, December 24, 2010, Revisiting a Classic Seasonal Tale: Ratnerville, Saturday, December 24, 2011, Traditional Christmas Eve Revisit of a Classic Seasonal Tale: Ratnerville, the Real Life Incarnation of the Abhorred Pottersville, Monday, December 24, 2012, While I Tell of Yuletide Treasure, Tuesday, December 24, 2013, A Seasonal Reflection: Assessing Aspirations Toward Alternate Realities- 'Tis A Tale of Two Alternate Cities?)
With the arrival of the solstice hope is kindled during these longest nights of the year by noting that we have reached a turning point with light beginning to return.  In the darkest of days it is always important to give thanks for all that’s good and all that we have been able to achieve.  This 2014 there has been some good news to lift our spirits . . . . 

. . . .Governor Cuomo just recently announced that hydro-fracking is being banned in New York State.  That is a big win bringing what may be the end to a long fight and it prevents the ravaging of the environment belonging commonly to all of us for the financial benefit of only a few.

. . .  There were victories also in the fight to save our public libraries from sale and shrinkage for the sake of creating real estate deals, another struggles where the public commons has been in jeopardy, again for just a few benefit at the expense of the many.  The biggest of these successes this year was the defeat this spring of NYPL’s Central Library Plan that would have squandered more than $500 million of the public’s money and resources, the full extent of that loss being announced only belatedly after the plan was officially derailed.
Above and below from the Moyers report
. . . . The New York City real estate industry is increasingly recognized as increasing the city’s wealth and power inequalities and destructive of the public’s interests.  Just around Thanksgiving a Bill Moyers & Company report devoted to this theme made such points clear sounding very much like Noticing New York and a number of its articles.  In fact, that report started with and was keyed off a reflection of the damage to the city, Central Park another critical public commons being done by the series of super-tall towers at the park’s south end casting shadows across it.  That is exactly what Noticing New York’s annual seasonal reflection focused on this time last year.

But, not all is improving and there is much that remains to be done as some things get even worse.
In "It's a Wonderful Life": on left Lionel Barrymore (who played Scrooge in annual radio broadcasts) playing the Scrooge-like Henry Potter and on right Jimmy Stewart playing George Bailey, the banker with friends who fends off succumbing to the Potter world
One matter these annual reflections have always tuned to is the way that Forest City Ratner’s takeover of a swath of Brooklyn constitutes a concentration of wealth and control that’s analogous to the way that in “It’s a Wonderful Life” the communally shared town of Bedford Falls became Pottersville in the alternate reality where unchallenged power was allowed to accumulate in the hands of Henry F. Potter, the bad town banker.  The unfortunate news to report this year with respect to Forest City Ratner is that its spreading power and influence in New York is continuing to grow like Potter’s did in that alternate reality. . .

George Bailey, the good banker of the "Wonderful Life" story, gets to see what the world would be like had he never been born, counterbalancing to make it better: everywhere he turns Potter's negative the influence of doing things only to dominate and make money pervades.
Just months ago the head and Chief Executive Officer of Forest City Ratner, MayAnne Gilmartin, was appointed to the board of WNYC, the city’s highly influential public radio station.  See:  Sunday, November 16, 2014, Is Forest City Ratner, As Victor, Writing Our History?- WNYC's Press Release on Appointing Forest City Ratner's MaryAnne Gilmartin to Its Board of Trustees, and Monday, December 8, 2014, With Big Bucks Out To Hijack Truth and Broadcasting Integrity- The Daily Show and Bill Moyers Set Models for WNYC Radio.

Does WNYC know better? 

Oddly, WNYC has its own annual yuletide tradition that ought to teach it better.  Every year the station broadcasts a radio play version of  “A Christmas Carol” in which the familiar radio personalities of WNYC appear performing roles.

This year, as I listened, I heard the principle declared that, however fortunate or relatively unfortunate any of us are, we are all equals, “one in the same.”  I believe that, but is that the message we would glean from the Ms. Gilmartin’s appointment to the WNYC board?  Would those who would and could truly represent the interests of the general public in fashioinging the public radio station's mission have as equal a chance of being appointed to its board has as equal a chance of being appointed to the board?
Basil Rathbone on leftplaying the ghost of Jacob Marley, Scrooge's deceased partner, essentially a version of Scrooge  who doesn't get to reform and on right in another production playing Scrooge who does eventually reform  
Here is the portion of the of the WNYC play (by Written by Arthur Yorinks) where that point is made as Scrooge debates with his nephew what Christmas means, what its value is:
    Scrooge (To his nephew Fred): You keep Christmas in your own way let me keep it in mine.

    Nephew:But you don't keep it!
   
    Scrooge:Let me leave it alone then: Much good it has ever done you!

    Nephew:Oh I think there are many things from which I've derived some good, by which I have not profited financially, I dare say. There is more in life than money, Uncle.

    Scrooge:Humbug to that!  More in life than money!  Humbug!

    Nephew:And I've always thought of Christmas time is a good time, a kind, forgiving and charitable time when men and women seem to open their shut-up hearts freely, and think of people not as fortunate in life as their equals, for they very well are equals.  We're all one in the same.  And therefore uncle, although it has never put a scrap of gold or silver in my pocket I believe Christmas has done me good, and will do me good but I say God bless it.

    Cratchit (Scrooge’s cleark):  Well put Fred!
In the Dickens’ book Cratchit’s approval is actually silent, something hard to convey in a radio play.  In fact, in Dickens’ book the concept is not, per se, `equality,’ but “fellow-passengers to the grave” and fellow members of the same race:
"Keep it!" repeated Scrooge's nephew. "But you don't keep it,"

"Let me leave it alone, then," said Scrooge. "Much good may it do you! Much good it has ever done you!"

"There are many things from which I might have derived good, by which I have not profited, I dare say," returned the nephew. "Christmas among the rest. But I am sure I have always thought of Christmas time, when it has come round-apart from the veneration due to its sacred name and origin, if anything belonging to it can be apart from that-as a good time; a kind, forgiving, charitable, pleasant time; the only time I know of, in the long calendar of the year, when men and women seem by one consent to open their shut-up hearts freely, and to think of people below them as if they really were fellow-passengers to the grave, and not another race of creatures bound on other journeys. And therefore, uncle, though it has never put a scrap of gold or silver in my pocket, I believe that it has done me good, and will do me good; and I say, God bless it!"
The message, of course, is also that much of the good in the world simply can’t be measured in dollars.  That’s bad news for those who relentlessly look to “monetize” all and sundry and consider subjecting everything to the constricted and constricting measures of the Wall Street mentality.
Alistair Sim, perhaps the very best ever to play Scrooge.  On left, Scrooge the epitome of a miser at the outset of the film.  On right, the reformed Scrooge now a model of kindness and generosity.

The Library of the Future Envisioned- “The 21st Century Library”. . . And Beyond- Questions Floating In Science Fiction’s Crystal Ball

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Discernible in the year 2077 pile of rubble that the film "Oblivion" envisions, the wreckage of the NYPL's 42nd Street Central Reference Library
There’s a powerful intuitive link between libraries and our future.

That’s probably why libraries have been a recurring feature, an anchoring reference point in science fiction that envisions the future.  Frequently, in those speculative fictions libraries and librarians, along with the loss of civilization, have found themselves consigned to a forgotten dust heap.
Librarian Romney Wordsworth, played by Burgess Meredith, charged with being "obsolete"
A classic1961 episode of the Twilight Zone, The Obsolete Man,” envisioned the prosecution of a librarian for being “obsolete” in a totalitarian state of the future.  As the prosecution commences, the statement by Mr. Romney Wordsworth, played by Burgess Meredith, that his occupation is that of “a librarian” is treated with derisive scorn and an ill-advised, defacto confession that he is “obsolete” exactly as charged.  According to the bullying Chancellor overseeing his case:“Since there are no more books, Mr. Wordsworth, there are no more libraries, and, of course, it follows that there is very little call for the services of a librarian.”  After expounding that ministers of religion are similarly seen by the state to have no function given that God has been disproved, the Chancellor goes on to tell Wordsworth (over the librarian’s interjected objections):
You are obsolete, Mr. Wordsworth. . .  You have no function, Mr. Wordsworth. You're an anachronism, like a ghost from another time.... a crawling insect.  An ugly, misformed, little creature, that has no purpose here, no meaning! . . .You're a librarian, Mr. Wordsworth. You're a dealer in books and two-cent finds and pamphlets in closed stacks in the musty insides of a language factory that spews meaningless words on an assembly line. WORDS, Mr. WORDSworth. That have no substance, no dimension, like air, like the wind. Like a vacuum, that you make believe have an existence, by scribbling index numbers on little cards. . . .Delusions, Mr. Wordsworth, DELUSIONS!! That you inject into your veins with printer's ink, the narcotics you call literature: The Bible, poetry, essays, all kinds, all of it are opiate to make you think you have a strength, when you have no strength at all!!! You are nothing, but spindly limbs and a dream, and The State has no use for your kind!!!! 
These words have a prophetic resonance for our time, as there are now those who, in the very name of futurism, seek as never before, to eliminate books and librarians from our New York City libraries.
From Wikipedia this still, apparently a publicity for use by the likes of "TV Guide," is not a shot form the episode.  Romney Wordsworth, the defender of books, never showed fear or appeared to cower in the actual episode 
True, if the books are removed from the libraries, as is happening, it thereby becomes possible to argue that librarians become obsolete relics.  But, conversely, if you eliminate librarians as the defenders of books, it is so much easier to banish the books.  In the Twilight Zone episode, Mr. Wordsworth with his resolute declarations that he is a librarian and defense of the books proves himself to be a cagey hero conspicuously problematic to the state seeking to eliminate him along with books and the ideas they hold.
The Chancellor from the state, eliminating books, visits librarian Romney Wordsworth in his book-filled apartment
Defending his importance Wordsworth says:“I'm a human being, I exist....and if I speak one thought aloud, that thought lives, even after I'm shoveled into my grave.” 

Library Destruction at the Hands of Tyrants

The Twilight Zone’s opening narration sets the scene for the episode:
You walk into this room at your own risk, because it leads to the future, not a future that will be but one that might be. This is not a new world, it is simply an extension of what began in the old one. It has patterned itself after every dictator who has ever planted the ripping imprint of a boot on the pages of history since the beginning of time. It has refinements, technological advances, and a more sophisticated approach to the destruction of human freedom. But like every one of the super-states that preceded it, it has one iron rule: logic is an enemy and truth is a menace. This is Mr. Romney Wordsworth, in his last forty-eight hours on Earth. He's a citizen of the State but will soon have to be eliminated, because he's built out of flesh and because he has a mind. Mr. Romney Wordsworth, who will draw his last breaths in The Twilight Zone.
In this Twilight Zone episode libraries, books, and a thinking individual like the librarian Mr. Wordsworth are consciously being suppressed by the state because of the threat they pose to obedience.   In the episode Wordsworth awaiting his execution explains to the Chancellor the state’s concerns: “I don't fit your formuli. . . . You control order and dictate, and my kind merely follow and obey. But something has gone wrong hasn't it? I don't fit, do I?”

Indeed, the script’s dialogue makes specific reference to the facts how this state of the future is endeavoring to follow in the footsteps of Hitler and Stalin who, according to the Chancellor, “had the beginnings of the right idea” but did not go far enough.

In this vein, author David Baldacci, a self-described library rat when he was growing up, recently commented to the New York Times:
Libraries are the mainstays of democracy. The first thing dictators do when taking over a country is close all the libraries, because libraries are full of ideas.
The elimination of books is closely associated with dictatorships and totalitarianism.  Hitler’s Nazi book burnings and those of Chilean dictator Augusto Pinochet are just two recent examples.  Interestingly, these two dictators may have presided over the elimination of books that others might have read but each, both Hitler and Pinochet, kept their own valued private libraries.
Books being burned in "The Day After Tomorrow"
From Wikipedia, book burning in Chile under Pinochet
Hitler’s book burnings were reportedly the spur to the writing of “Fahrenheit 451" by Ray Bradbury, coincidentally, like Rod Serling, host and author the Twilight Zone episode, another science fiction writer reported to be Unitarian.
In Bradbury's “Fahrenheit 451"book burning is carried out on an institutionalized basis by the government's"Fire Department."
Religions, although not Unitarians, have engaged in their fair share of book burnings over the ages, including, in essence the equivalent of Bible burning, when the many alternative gospels that were not incorporated in the official codification of the New Testament (Circa 367 AD after the AD 325 Council of Nicea) and other works like the "heretical" teachings of  Arius were banned and and intentionally destroyed.

We recently saw push-back against censorious religious belief with The New York Times media corespondent David Carr observing of the purchasing public's recent snapping up of perhaps five million copies of the recent post-murder edition of the Charlie Hebdo magazine with the image of a weeping Prophet Muhammad on the cover:
the sentiment that drove the sales probably had less to do with those messages and more to do with the impulse to preserve a world in which the speech of the many cannot be held hostage by a few.
In the Twilight Zone episode and “Fahrenheit 451" the protagonist’s lives are on the line because of their book-defending stance against the state.  It’s not only a fiction that people sacrifice and put their lives at stake in opposition to libricide or biblioclasm as book burning is sometimes otherwise termed.  In 1992 during the Bosian war, when the ethnic-cleansing, anti-Muslim Serbs targeted the Bosnian National and University Library in Sarajevo with incendiary shells, citizens worked to rescue books under a hail of sniper fire.
Two scenes of Sarajevo citizens working to rescue books from the libraries, the second from a video.  Lives were lost.  Both images appeared in the documentary The 50 Year Argument about the New York Review of Books.
Library Destruction as a Consequence of Cataclysmic War
Burgess Meridith as Henry Bemis, another book-loving denizen of the Twilight Zone, from another episode, “Time Enough at Last”
When libraries pass out of existence in the futures science fiction imagines, it isn’t always because dictators or those in power consciously want to eliminate them.  In a sort of repertory theater style of production, the Twilight Zone anthology series often had certain actors rotate through and play different roles in a number of episodes.  Burgess Meredith appeared in four episodes altogether and two years prior to “The Obsolete Man” episode he appeared in another famous Twilight Zone episode that associated him with a book-loving character, appearing as Henry Bemis, a man who could never find enough time to read until the world is destroyed by nuclear war. That episode was titled Time Enough at Last.” (The other two episodes Meredith starred in were “Mr. Dingle, the Strong” and the hour-long “Printer's Devil.”)

Those who have seen the 1959 “Time Enough at Last” episode will remember the famous scene where the Henry Bemis character sits on the steps of a destroyed 42nd Street Library with a stack of books to read using his ultra-thick glasses before . . .  a cruel fate befalls.

Early in the Cold War with its “duck and cover” accouterments and a few years before the October 1962 Cuban Missile Crisis, the scene of this Twilight Zone fable echoed images of the time of what nuclear war’s possible aftermath would look like, as in this drawing of a Geiger Counter being used to get radioactivity level reading outside the 42nd Street Central Reference Library in Nuclear Dawn (a book not available in the Brooklyn Public Library system).  In the story Bemis survives having been inside a bank vault when the bomb fell.
An image of the times: An imagined aftermath of a nuclear war, protectively clothed and measuring radioactivity outside the 42nd Street Central Reference Library in Nuclear Dawn
Reportedly, the steps of the post nuclear war library upon which Meredith's Henry Bemis character sits in despair in “Time Enough at Last” are the same post nuclear war library steps that were used for George Pal’s 1960 version of H. G. Wells’ “The Time Machine” filming around the same time as the Twilight Zone at Metro-Goldwyn-Mayer Studio Culver City locations.  I took a drenching rain day trip to Brooklyn’s Grand Army Plaza Library to verify and read more about this in the BPL’s only copy of “The Twilight Zone Companion,” but my visit wasn’t fruitful.  That sole volume is now reported as lost.
Filmed about the same time, the MGM steps in Culver City city stand in for two alternative post apocalypse libraries providing seating for Yvette Mimieux and Rod Taylor in "The Time Machine" and Burgess Meridith in The Twilight Zone. 
 H. G. Wells, author of the “The Time Machine,” is one of the authors that Nazi book-burners sought to eradicate.
The Twilight Zone Companion says, "`Time Enough at Last’ remains one of the best-remembered and best-loved episodes of The Twilight Zone.”  It quotes Burgess Meredith saying: “The only thing I can tell you about that particular episode, is that I heard more about that and any of [the other Twilight Zone episodes], and indeed almost more about it than anything else I've done on television. I think it must've had a great impact on people. I don't suppose there's a month goes by, even to this day that people don't come up and remind me of that episode.”

In 1970's “Beneath Planet of the Apes” we see another version of the 42nd Street Central Reference Library post-nuclear apocalypse, again featuring the lions de rigueur
Library Destruction as Through Indifference

In the 1960 George Pal “The Time Machine” it is not the nuclear war in the plot that has destroyed the library.  It is the apathetic lassitude and lack of curiosity of the Eloi who have inherited this patrimony and let it decay unused.  The Eloi who lack concern about their own fate and well-being are one of two branches into which the human race has evolved in year 802,701, the other race being the Morlocks who cannibalistically prey upon the Eloi.
In year 802,701 a portion of the library has found a new life as a sort of Eloi social center
Many scenes of the film have the Eloi traversing up or down these steps as a portion of this future library with its ignored books is used as a sort of Eloi social center where the community congregates to consume its food and drink. (This could be viewed as an ironic reflection of our own immediate potential future as we greet today's current calls for increasingly bookless libraries to “find a new life” as social centers.)

Finding himself amongst the Eloi in this community center, the time traveling protagonist of the story (H. George Wells), his curiosity being viewed as odd, questions the Eloi: “I must learn about you and your civilization.  You have books, don't you?”

A young Eloi man responds (recognizing the half-forgotten word) telling him, “Books. - Books!  Yes, we have books.”
“Yes...they do tell me all about you!” says the time traveler as the book crumbles in his hands.
Relieved, the time traveler who has been frustrated by the Elois’ lack of information about themselves says: “Books will tell me what I want to know.  Books will tell me all about you.”  But when he is taken to the shelves of the library and a volume he picks up instantly crumbles in his hands, appalling him, he reprises, “Yes...they do tell me all about you!”

In the plot the Morlocks are the descendants of those humans who retreated underground in the aftermath of the war, the Eloi the descendants of those who remained above ground.  If the Morlock/Eloi split could be viewed as a cautionary metaphor for what is happening in our current day “Tale of two Cities” culture might it be the split between the 99% and the winner-take-all 1% that economically preys on the rest of the populace?  The Eloi might be that evolving sect preoccupied with, addicted to, the distraction of our smartphones.

The 1960 version of “The Time Machine” ends with the time traveler returning to the future with plans to reestablish civilization amongst the Eloi.  His plans cryptically involve taking with him into the future three books that are noticed by his housekeeper to have vanished with his departure from his personal library.  The audience is invited to guess what three books those would have been.
In the 2002 remake of "The Time Machine" the time traveler shows up in an explicitly rendered version of the 42nd Street Central Reference library in the year 2030.
There is a now hard-to-obtain, 2002 remake of “The Time Machine” that shifts the action from London to New York and features, very explicitly, the NYPL 42nd Street Reference Library of the future.  In an imagining of what the library would be in in 2030 that coincides markedly with the dreams of the real estate-oriented crew that, in 2004, soon after the movie was made, took over the NYPL’s libraries with plans to sell and shrink them, the library is virtually bookless and manned by a robotic artificial intelligence hologram.  Superintendence by robot librarians is a path down which the libraries may now well be heading, see: Tuesday, November 25, 2014, BPL's Bklyn BookMatch- A Match For The Human Race's Book Future?: Electronic Books and Robot Librarians?
The robotic artificial intelligence librarian manning the library, played by Olando Bloom, puts time travel in the category of science fiction.
(The full version of the 2030 library scene is available on YouTube: The Time Machine (2002) Full Library Scene.  Click through to YouTube for best viewing.)

The remake tracks the original plot roughly so that again it finds a split of the human race in the year 802,701 between Eloi and Morlocks.  In the 2002 version the destruction of the modern human race has come about in a more benign, less bellicose fashion, the result of a technological accident involving the destruction of the moon by space colonists.
In 2037 the moon begins to break up in the 2002 version of "The Time Machine"
Library Destruction by Extra Terrestrial Aliens
The image of the broken-up moon of year 2077 that you see in the opening sequence of 2013's "Oblivion"
On a different diagonal, but the year 802,701 moon of "The Time Machine" and the year 2077 moon of "Oblivion" are quite similar (click any image to enlarge)
“Oblivion,” the 2013 science fiction film with Tom Cruise, also feature a future visit to very recognizable 42nd Street Central Reference Library.  In that film, too, modern human civilization has been wiped out by the destruction of the earth’s moon, this time intentionally for that purpose by aliens from the planet Jupiter.   In this film, too, there is an issue of remembering the past with the Tom Cruise character and his partner, a lonely duo, looking after affairs on earth having been subject to a “mandatory memory wipe.”  Books again invoke a beneficial connection with the past, factoring in the plot.  The Cruise character, Jack, retrieves, keeps and reads, from the library ruins, “Lays of Ancient Rome.”    “Tale of two Cities,” by Dickens is another of the books he secretly saves in a lakeside wilderness retreat. “Pickwick Papers” and “David Copperfield,” two more books by Dickens are two of the books that “book people” in the woods by the river memorize and personally “become” at the end of the Ray Bradbury’s “Fahrenheit 451.”  “David Copperfield” is also a favorite of Henry Bemis in the “Time Enough at Last” episode of the"Twilight Zone"
In 2077 the ceiling of the NYPL Central Reference Library's Rose Reading Room is in even worse shape than now, but it is still around for Tom Cruise to be able to dangle from as a nice centerpiece
It’s all the more startling to see Tom Cruise hurtling down, suspended on a rope, through a gaping hole in the ornate ceiling of the Rose Reading Room and the ensuing destruction occurring there in this 2013 film now that, in 2014, the Rose Reading Room, a significant public space, was closed (and still is) when a chunk of the ceiling reportedly fell down, for real, in the middle of the night. A startling development, the incident occurred May 30th, two weeks after the NYPL was forced to abandon its plans for the consolidating shrinkage of the Central Library Plan that, among other things, involved banishing millions of books from its premises.  It occurred four days before the NYPL would announce that the Central Library plan would cost hundreds of millions of dollars more than it had previously publicized.
Mayhem in the Rose Reading Room with a robot drone inflicting most of the destruction
 Library Destruction by Climate Change and Science Deniers
A tidal wave about to hit the 42nd Street Central Reference Library
The Rose Reading Room also appears equally recognizably and transformed in another end of the world disaster film, the 2004 “The Day After Tomorrow.”  In an immensely silly plot the earth’s climate goes haywire racing into catastrophic chaos, in a matter of days battering Manhattan and the library with a tidal wave, then dropping it into a deep freeze where some of the protagonists debate which books to burn first as they warm themselves with the fire.
The Rose Reading Room again.  This production still, used to promote the film, was not from a camera shot used in the film
The voluminous Tax Code volumes are cheerily consigned to the flames; the fate that Nietzsche deserves is debated.  One Gutenberg Bible is rescued from the rare books room by a resolute librarian protector, not because he believes in God, but because it is “the first book ever printed” (in the 1450s) representing “the dawn of the age of reason” (the early 1700s) and “as far as I'm concerned, the written word is mankind's greatest achievement” and “if Western civilization is finished . . .I'm gonna save at least one little piece of it.”  In the Twilight Zone’s “Obsolete Man” episode it is a copy of the Bible that Romney Wordsworth keeps locked in a safe, his value of it inversely related to the totalitarian state’s ban of it, but Wordsworth believes in God.
Books from the Rose Reading Room being trundled into the flames.
If “The Day After Tomorrow” survivors were to arrive at the Rose Reading Room this week they would probably be chagrined to discover how few books they’d find there for fuel because the Rose Reading Room is currently empty and millions more of the library’s books have been sent off-site.

Sacrificing Western civilization in order to sustain the life of imperiled survivors is not exactly Nazi book burning.  On the other hand, it lacks the lighthearted optimism of Puccini’s “La Bohème" when Rudolpho similarly burns his own manuscript to stave off the cold he and Marcello suffer in their garret studio on Christmas Eve, the implication being that the thus warmed Rudolpho embodies his own work (a converse to “Fahrenheit’s” book people who have absorbed the work of others).  Rudolpho will live to write better plays in the future, perhaps even involving the experience of that very evening.

One reason we closely associate libraries with the future is that we think of them as helping us steer our course into it.  That’s something we are not doing well when it comes to climate change.  Although this film makes climate change the threat and climate science denial the villain, its choice to go with utterly fantastic spectacles does no favor for those endeavoring to bring recognition of real climate science to the fore.  A far better and more terrifyingly speculative film about the implications of climate change could easily have been made based on real climate science and made for far less than the $125 million that was spent making this disaster that panders with such formulaic expectations about box-office economics.

When we veer off course, money is frequently the reason for it.   Most of the public’s denial of climate change science stems from funding of that denial by the fossil fuels industry and people like the Koch brothers.  See Frontline’s “Climate of Doubt.”

Could the destruction and underfunding of libraries help contribute to our misunderstanding of climate science, tilting us toward more likely calamity?  The answer is YES, very definitely, see: Tuesday, February 11, 2014,  Libraries And Climate Change: The Dangerous Destruction of Information We May Need To Know To Survive.   

Library Destruction and Civilization Collapse

One thing these science fiction scripts get right, is that there is a high correspondence, if not quite one-to-one, between the demise of great libraries and the collapse of great civilizations. See: Books on Fire: The Destruction of Libraries throughout History, by Lucien X. Polastron (2007).  Oh, to know what the thousands of destroyed Mayan codices would have revealed!

Destruction of libraries and books by tyrants, destruction by war, destruction by apathetic indifference, destruction by aliens hostile to the human race and destruction by losing our way in the face of climate change, may seem to cover the gamut, but it still doesn’t cover all the  possibilities.

Library Destruction at the Hands of Private Enterprise

The New York Times recently ran an editorial castigating “some large hotel chains” who “want to block guests from using their own wireless Internet devices. .. a blatant attempt to limit customer choice.”   See: Brazen Attempts by Hotels to Block Wi-Fi, by The Editorial Board January 3, 2015.   Which is to say don’t under estimate private enterprise’s propensity to try to restrict and limit the free flow of what could be readily available communication and information in hopes that, through limitation, private companies can instead charge for it. 

The Times was writing about how:
the Marriott International and the American Hotel and Lodging Association are asking the F.C.C. to give hotels the green light to remotely disable the Wi-Fi devices that some travelers use to connect their laptops and tablet computers to the Internet through cellular services from companies like Verizon. This would force guests to buy the wireless Internet service provided by hotels.
The editorial notes that the F.C.C. has already fined Marriott for engaging in the practice.  It is a lot like the way that Hershey's as a profit enhancement maneuver is now curtailing the competitive sale of better-made, better-tasting chocolates Cadbury imports (link to article by same Times reporter reporting about sale of Brooklyn Heights Library).

It is interesting to note that the initiative to sell and shrink libraries in New York City originated under the Michael Bloomberg mayoral administration and that Michael Bloomberg owns a company that sells information and content.  Bloomberg donated three of his signature Bloomberg financial information terminals to the NYPL’s Science, Industry and Business Library (SIBL) at 34th Street and Madison, something that may have been good advertising for his generosity,” but the terminals, although they can, for instance, be used in short restricted sessions to find jobs in the financial sector offer to the non-fee paying library-using public the Bloomberg terminal services and information, with a twenty-minute time delay, a lower-priced edition from what is offered to those on Wall Street who will pay full price.

Writing this article, in large part about a lot of films, I was struck by how difficult it has become to get much of the content I needed as reference material.  My attention was drawn to the recent wholesale disappearance of video stores.

Not many years ago I had many engaging conversations with a cinephile colleague at work.  At home he and his would routinely organize and curate their own film festivals centered around the oeuvre of a chosen director or actor or maybe a genre.   The films were initially all rented on video tape but when DVD technology with its improved picture quality came in that shifted over.  In a similar vein, my favorite local video store downstairs in the building where I lived used to have a “dead actors special” whenever a well-known actor died, pulling out from their stacks all the films in which that actor appeared and setting them up on the counter for more prominent display.  Films could easily be watched in a broader context, not just in the urged response to recent publicity campaigns.

New York video stores, fast disappearing almost entirely, were places where staff were paid in expectation that, out of their own enthusiasm and exploration, they would watch and familiarize themselves with films and be able to make recommendations to patrons.   In a way they were curated like libraries (albeit with minimal fees involved) and, like the best libraries, the best video stories had the largest collections.  A few years ago a DVD of film like the 2002 remake of “The Time Machine” should have been easy to find in multiple video stores around the city.   Times have changed.  A 2014 article in the Observer reports:
Between 2010 and 2012, the number of video/disc rental stores in New York state went from 451 to 198 according to the U.S. Census Bureau.
In 2002 there were 885,731 in 2007.

Now the number of remaining stores is even fewer.  A 2011 article in the Real Deal, The Last of the Mohicans: How NYC's holdout video stores have hung on, September 30, 2011, by Sarah Gross, supposedly about stores that are still open is perhaps more important for the stores it features that have since closed: World of Video (closed April 2012),  Heights of Video (aka Mr. Video III, closed end of 2013) Royal Video Exchange (phone no longer in service), Alan's Alley Video (closed July 2014, BUTreopened in August off the street on the fifth floor of an office building.)
Unlike video stores, patronage of New York City libraries is way up.

885 New York City stores down to what could now be fewer than one hundred?  That’s a vast industry, many workers and owners that have disappeared.  The stores have been supplanted by Netflix and streaming.  To a certain extent libraries also competed with them and perform functions in the void they are leaving.  Originally Netflix just provided DVDs by mail, supplying conveniently much the same variety of content as video stores, but without the same immediacy or curating personal interface.  Now Netflix streams films, but as customers shift over its streaming content is rather limited as other suppliers with which it competes seeking to lock up the rights.

Experimenting, I rented for streaming the 1960 version of “The Time Machine”  It’s only available from Amazon.  The 2002 remake is not available for streaming.  The experience was not very satisfactory.   The film’s resolution was poor, probably equivalent to early VHS quality.  Once started, I was required to watch it within 24 hours before it disappeared.   I paid about as much as I might have at a video store.  Amazon has other films available for high-definition rental, more than Netflix it looks like, but the prices are alarmingly high, even if sometimes less than the cost of mass transit to and from a central library.*  It occurred to me that Amazon, without the overhead of physical video rental stores and a lock on the license to rent, pockets a fair amount of money on these rentals, money that used to flow more broadly through the economy.
(*  I went to obtain a copy of the 1960 version of “The Time Machine” that was supposed to be at the NYPL's Mid-Manhattan Branch.  It wasn't there.  It is now marked missing.  I then went to pick up the BPL's only copy of it at the Turner Classic Movie edition of it at Windsor Terrace Branch.  It wasn't there and is marked missing.  I found and borrowed the NYPL' last and only copy at the Lincoln Center Library for the Performing Arts.)
Library Destruction Through Technological Obsolescence
In 1996 the New York Times proclaimed that SIBL was the "Library of the Future."  Now the NYPL would like to argue that it's obsolete so it can sell its real estate.
In the 2002 remake of “The Time machine,” the traveler finds, improbably, that in year 802,701 the holographic librarian, Vox 144, encountered in his 2030 time stop, is still up and running.  Vox 144 must have been a very robust system and still around when the moon and civilization was destroyed in 2037, seven years later.  Seven years?: That’s a lot of Moor’s Law bi-annual doubling of computing power for Mr. Vox, the A.I. librarian, to have remained around and still be working and all the proper connectors still available.   “144" indicates that this “librarian” had previously already gone through a number of iterations in the 28 years the film posits transpired between the making of the film and the time traveler’s 2030 visit.
In 802,701 ruins Mr.. Vox 144 is found to be still operational and on the job.  What is more unlikely: That for seven years Vox edition 144 would have continued in operation, not supplanted by by multiple upgrades, or that he could `take a licking and keep on ticking' for the 800,664 years that afterwards ensued? 

Blackberry declared a relic
Seven years?  In roughly that period of time we went from all the techno-geeks brandishing Palm Pilots and Blackberries to them having Apple iPhones.

Technology’s rapid rate of change has led to a new uneasy impermanence.  Science fiction tries to predict the future, but the future is not always so easy to predict.  SIBL, the NYPL’s Science, Industry and Business Library, was opened in1996 heralded as a cutting edge technological marvel and yet starting in 2005 or 2006 the NYPL began to conceive plans to sell it and was soon heaping scorn on its design for inadequately predicting the shape the future would take.  The “library of the future” and the “library of the 21st century” said the New York Times when it opened emphasizing, “even the smell of the place, like the newest of new cars, emanates `future.‘”  Truth to tell, the library is adaptable and doesn’t deserve the scorn heaped on it for the convenience of justifying the real estate deals that were really motivating the NYPL.

The 1960 "The Time Machine" envisions a much simpler technology than Mr. Vox surviving to tell of the past: Gold rings that talk when spun.
Now library administration officials, with real estate redevelopment deals lurking in the background, are talking about how New York City libraries around the city are in need of redevelopment because they don’t have enough electrical outlets (actually a very easy upgrade) and, implicitly not enough computers. Meanwhile, SIBL the one library with a resplendent superfluity of electrical outlets, computer terminals, ethernet connections and fast wi-fi connections, everything necessary to erase the so-called digital divide for less advantaged New Yorkers, is stillbeing prioritized for sale.
Views of two small portions of SIBL (click to enlarge), an unadvertised midtown treasure, with resources galore available to "close the digital divide."  In addition to the chairs set up on the left, SIBL has auditorium spaces and multiple meeting rooms, training centers and conference center. 
Two examples of how the NYPL with plans to sell off and shrink libraries has been emptying the shelves at SIBL.  The library once held over a million books; now books there number about 50,000 according to the NYPL.
Above and below floor plans of the SIBL's currently existing areas (click to enlarge).  The floor plans do not show substantial areas, now sold off, where millions of books and reference materials were stored.
In the same building as SIBL the CUNY (City University Library of New York) library's shelves are packed with books.  Once upon a time, prior to current real estate ambitions, adjacent SIBL's supply of books was supposed to act synergistically as a robust supplement to CUNY's library.   
Part of the original 1960 “Time Machine’s” charm was use of the rapid advance of time for social commentary on the vicissitudes of fashion.  The time traveler is positioned so as to be able to see a stationary mannequin in the shop window across the way from his house and its costumes constantly change.  “That’s a dress?” says the time traveler disbelievingly at one point as he slows his rate of movement through time to take it in.
In homage to the original 1960 "Time Machine's" commentary on the vicissitudes of fashion (left) the 2002 remake replicates with its own set of mannequins (right) the ever-changing notions of what is modern and in "style"
Time travel stories also traffic in a sort of Rip Van Winkle charm to the extent that the traveler, like Rip Van Winkle, comes out of the past to wonder at a world, our own present, which we already know and understand the history of.

That technology has its dark, paranoia-inspiring side is a given.  This is the focus of a new British anthology TV series (available through Netflix), “Black Mirror.”   On The Media covered the series, in an interview with its creator, Charlie Brooker: the“unsettling plausibility to most of these plots” with technology serving “as the backdrop for each episode, all very dark, but in manifestly different ways.”  Repeated comparisons were made to discuss the series as “the Twilight Zone updated for the digital age.”  It’s a series of `what ifs' about now contemporary concerns.

The one Twilight Zone that gets specific mention, in the context of being “shockingly cruel” according to Mr. Brooker is the 1959“Time Enough at Last” Burgess Meredith episode ending with his Henry Bemis sitting on the steps of the destroyed library.  On the Media host Brooke Gladstone summarizes:
And you've even cited one of their dark O'Henry type episodes where a luckless bookworm wanders through the rubble following a nuclear holocaust. He thinks he's the last man on earth. Decides to kill himself. And then he sees a library nearby just as he lifts the gun to his temple. He suddenly realizes he can now read all the books he wants, uninterrupted. But when he reaches for the first book, his glasses fall off and smash on the floor, and he ends the episode weeping and alone.
Gladstone says that it reminds her of a specific episode of The Black Mirror, “The Entire History of You,” which is about a technological world of TMI (Too Much Information).  Maybe that’s The Black Mirror episode most like that Twilight Zone episode, but the episode could be rewritten into a more explicitly analogous sort of Rip Van Winkle plot.

Haven’t we all had our technology go obsolete frighteningly fast?  I may often find myself arguing for perseverance of the tried and true multi-hundred year old technology of traditional libraries, but I hardly consider myself a technological Luddite.  And sometimes that’s frustrating.

Let me give you my own litany.
Did you all transfer all your data sets from your Palm Pilots to your iPhones (it was mostly possible), or did you start entering data anew, reinventing the wheel? . . . .  I remember when I bought the media player program for the music stored on my computer and I went with the higher price version of buying the program for life with all future updates.  It turned out that “for life” meant for the life of the program which was bought by another company that ultimately decided to terminate it.  Say goodbye to whatever play lists you might have constructed! . . .  The software technology was tied in with RCA hardware that electronically broadcast the music through my home.  Goodbye, Tata! . . .  I bought a wonderful little iPad and computer app that meant I could travel and stream all my music from my home computer, listening to it as I traveled on my iPad, phone or any computer I had with me.   Not nice to discover on a long trip that the company that provided it has been bought by a company that immediately discontinued the service. . . .What if you wanted to just carry around all your music?  Storage has become a cheap commodity so that should be easy.  Apple used to have iPods with capacity to store 160 gigabytes of songs, enough to encompass the entirety of most people’s collections- But now Apple only sells dedicated players that will hold up to 64 gigs- They want you to store your music on their cloud so they can keep track of what you listen to. . . .You could buy Apple's most expensive mini-iPad and use if for a 128 gig music player, but then you wouldn’t have space on it for any of the other uses that instilled its top-of-the line price. . .Isn’t HD radio the greatest thing?  With CD quality clarity and the listing channels it broadcast it’s another substitute for carrying around your own music.  Everybody, all the best stations are now broadcasting in it.  But hope you bought your receiver a while ago, because nobody is selling them now. . . . Now I go to certain websites with my Internet Explorer browser and they tell me that my browser is out of date and the sites cannot be viewed, but when I go to Microsoft to update my browser I get message that my browser cannot be updated because the XP operating system is no longer supported and I am directed to buy a new computer as the solution! . . . Is the iPad a handy substitute for browsing the internet?  Not when its browser crashes and can’t be fixed because it is too old.  Time to buy a new one. . . . Another reason to do that?  I want to put a word processing program on the iPad, something that used to be possible, but now it can’t be done without updating the operating system- And Apple has made a choice, apparently a marketing one, not to release updates for its older models- Time to buy a new iPad. . . .  When you buy that new iPad/iPhone be ready to by the new connectors and battery chargers you will need. . . Did you like that new compact high-definition Flip video camera that was destined to take over the market?  Have you finally mastered its software?  Well the company that bought the Flip camera because it was going to take over the market quickly stopped manufacturing it because there was, they figured, no future in it.  That means you won’t be able to replace the battery, so you can throw it away. . . . And what about mastering software?  I was once ahead of everyone with my mastery of Excel, but when I bought that new computer I had to buy the new version so it suddenly takes me forever to figure again out how to do anything I used to be able to do easily. . .
The moral is that you spend a lot of time getting technological things in place and making them work and then, voilà, they’re gone.  You are expected to keep pace or technology’s magic will vanish and leave you behind.

Maybe we are mildly bemused when someone surfaces from an extended spate in prison and is flabbergasted when he suddenly has to struggle to understand a world of cell phones, where computers control the innards of our cars, people Skype on flat surfaced tablets and the internet permeates everything around you, but what if we were the ones that fell behind?

So here is the Rip Van Winkle plot with the all-too-plausible premise I propose as a “Black Mirror” retread of the “shockingly cruel” “Time Enough at Last” episode:
Techie Rip Van Winkle, has a bit of a bout with the grog.  Did his Siri/"Her" mode wake-up service fail to call him because it had been bought and dismantled by another company in the night?  At today’s accelerating pace it wouldn’t have to be too much of a bender that needed to be slept off, quite short of a full-fledged month’s long coma. . .  He wakes to find he’s totally behind in keeping his technology up-to-date, he’s missed his windows of opportunity to upgrade and now nothing is working for him.  He can’t upgrade to start keeping pace again because he has no way to connect back into the system.  Even his money to subsist is no good because he can no longer interface with his bank for his financial credits, etc.
Maybe, before this disaster, the same techie in the opening scenes had been so busy installing, fervently pursuing perfection, all his cutting edge hardware and software that he he’s actually had no time to enjoy his content, sit back and enjoy his music, watch his movies or read his books?

In 1989 Isaac Asimov, speaking to the American Booksellers Association:
made a passionate defense of the survival of the book when he asked his audience to imagine a device that "can go anywhere, is totally portable. . . . Something that can be started and stopped at will [and] requires no electric energy to operate." This dream device is, of course, the book. "It will never be surpassed because it represents the minimum technology with the maximum interaction you can have."
The above excerpt is from a comprehensive article, Libraries in Science Fiction, by James Gunn, covering the literature of the genre.

Maybe the end of this posited “Black Mirror” episode is the techie’s relief as he discovers a pile of still readable books discarded by the back steps of a library. . .    I suppose that if the episode turns “shockingly cruel” before fade out, that’s when the license of the techie’s Google Contact Lenses fails. . .
O'Henry ending of “Time Enough at Last”
On the Media’s analysis is that “Black Mirror’s” focus is ultimately one on contemporary concerns.  Certainly, science fiction has always been a lens through which to do that, but the further we look into the future the more likely our speculation is to become untethered.  The fact is that the future begins now and to consider what the “Library of the Future” or the “21st Century Library” will be, we need look no further than to what is happening and being built now.

Library Destruction From a Real Estate Industry That Banishes Books

Will we find books in our libraries?  Library administration officials in New York City based, ostensibly on speculation that the future is not one of physical books, but more likely upon the fact that books take up real estate they want to sell, are getting rid of books fast.

Millions of the NYPL’s books that used to be in Manhattan are gone.  In the case of replacing the destroyed Donnell Library with a far smaller one, the architects for the future shrunken were given no instructions or information about how many books their design should seek to accommodate.  Other architects designing new city libraries say that library officials leaned on them to reduce the amount of book shelves they sketched into their designs.  In “Re-Envisioning New York’s Branch Libraries” workshop sessions convened to showcase broad suggestions being made by the Center For an Urban Future, architects speak of “inverting the ratio” of space in libraries used for books (once the core mission of libraries) versus other uses so as to drastically reduce the space for books.

City Councilmen like Brad Lander specifically invoke futurism with phrases like “Library of the Future” and the “21st Century Library” to justify the expectation that books should be banished. . . . although Mr. Lander also envisions rebuilding such “21st Century Libraries” as disaster recovery centers to be ready as bulwarks in the face of climate change disasters (much like “The Day After Tomorrow” where the library's books were burned as they were diverted to the purpose of surviving a disaster?).

Construction of a Real Library of the Future in Austin, Texas- With Books!
Vision of the "Library for the Future"from the Austin Public Library
But that is New York.  I recently visited Austin, Texas, a city noted for its technological advancement and identity.  It’s the home of the South by Southwest (SXSW) conference that focuses on tech and culture (the SXSW Film and Multimedia Conference component), including libraries and their future, in addition to the festival of music out of which the conference originated.  It’s also the home of Dell Computers its largest private employer.  Adam Dell, Michael’s brother is a partner at Austin Ventures, funding tech ventures and the city's largest venture capital firm.  Facebook and Google have moved entire divisions to Austin, where you can also find operating centers for 3M, Apple Inc., Hewlett-Packard, AMD (Advanced Micro Devices), Applied Materials, Cirrus Logic, Cisco Systems, eBay/PayPal, Bioware, Blizzard Entertainment, Hoover's, Intel Corporation, National Instruments, Samsung Group, Silicon Laboratories, Oracle Corporation, Hostgator, AT&T, Flextronics (formerly Solectron), Freescale Semiconductor and United Devices.

Austin isn’t shrinking libraries or getting rid of its books.
Bigger Austin Libraries with more books
Austin is building a new grander $120 million central library.  Billed as the first"library for the future" (and/or “library of the future”) in the United States and the second in the world, it will, at 198,000 square feet and six stories, be close to twice the size of the 110,000-square-foot Faulk Central Library it replaces.  A circulating library, it will also have more books . . . 530,000 books, a nearly 25% increase over the 430,000 volumes at the current library plus it will have an additional 24,000 electronic books.

The growth will be all the more pronounced because Austin will also, at the same time, get to keep its old central library.  The 110,000-square-foot Faulk will become a Central Reference Library where archived materials (archival collections, photos, film, media, civic records) can be accessed.  The Faulk currently stands next to the Austin History Center that will expand into it with some of the expansion of space being used for exhibition of historical displays and some may possibly be used for classroom space.

Nancy Toombs, head of Public Services for the History Center, says the History Center is currently packed to overflowing with what staff assesses as 50,000 square feet of materials in a 35,000 square foot building.  In the struggle to accommodate all the material on-site they have, to date, according to Ms. Toombs, pressed into service not only basement storage, but offices, kitchens and bathrooms.

While it is no small distinction that the Austin Public Library and the History Center are keeping and expanding their materials, that doesn’t prevent them from also envisioning and planning to have the same kind of spaces and facilities that New York library administration officials conversely promote as reasons to banish books.

There will be community spaces to gather, plenty of natural light, an airy atrium, lots of computers and technology (and “electronic delivery of information” will get its focus too), event space, a dozen meeting rooms. Yes, there will even be, “a street-level café.”  See the Austin Statesman and the Austin Library’s Press Release: Designs coming into focus for Austin's new central library, Thursday, Sept. 27, 2012, and Coming Soon! A New Central Library- Press Release.

There is another not so subtle distinction that emerges from the plans that may sound superficially alike.  The Austin plan’s description has in it an echo of the mantra of “flexibility” that NYC public officials harp upon as a way, Murphy-Bed-Apartment style, of having minimal shrunken down spaces serve, virtually simultaneously, for every need the New York officials profess to be adequately accommodating.  The Austin press release says its building program “incorporates flexible and blended spaces.”

But in New York where spaces are being shrunk with everything happening “flexibly”pell-mell on top of everything else with “no partitions,” New York City library administration officials are touting the idea that libraries should be “loud” (with a `non-shush' policy).  With the opening of Mariners Harbor, the NYPL's most recently designed library, we learn that it is supposed to be LOUD and NOISY!: "`We encourage noise,' said Elizabete Pata, the library manager. `I'm not the typical librarian, shushing people.'"

In Austin where they are expanding library space, they expect live music performances in its event space . . . . Still, the expanded space will, according to the officials there, have (emphasis supplied) “cozy areas for silent reading.”
The full shelves of an Austin library branch, the Manchaca Road Library.  In New York we have a City Councilman, Carlos Manacha.  The Red Hook and Sunset Park libraries for which there are controversial plans are in his district.
Austin, with a population of 842,592, has 22 libraries. Brooklyn with a population just over three times that, 2,592,149, has 60 libraries.  A spot check of an Austin library found the library full of bookshelves and those bookshelves full of books.  In New York books are disappearing from the libraries.  The Brooklyn Public Library has no copy in it of the “The Twilight Zone Companion.”  The Austin Public library, servicing a population just under one-third the size, has two copies of the “The Twilight Zone Companion.”
Example of empty shelves in two Brooklyn libraries the BPL wants to shrink.  On the left Brooklyn Heights and on the right the Williamsburg Library.  For more pictures of empty NYC library shelves see: Empty Bookshelves As Library Officials Formulate A New Vision of Libraries: A Vision Where The Real Estate Will Be Sold Off.
With its final plot twist the Twilight Zone "The Obsolete Man" episode offers up what turns out in the end to be an ambiguously trick title:  Is "The Obsolete Man" the librarian Romney Wordsworth, or the state official who would deprive the public of books and libraries in the name of his own vision of a better, purer future, limited to what they consider relevant?
New York Libraries are now used more than ever.  More people visited public libraries in New York than every major sports team and every major cultural institution combined.  There has been a 59% increase in circulation (physical books preferred despite efforts to steer the public into digital), and a 40% increase in programmatic use.  The funding of libraries costs an almost unimaginably small fraction of the city's budget. . . and the wealthy in their aeries of the sky like private libraries to be features of their luxury apartments (See: Tuesday, April 29, 2014, What's Wrong With These Numbers?: The Baccarat Tower's $60M Penthouse and NYC's Library Budget.) . . .

. . . But somehow, those with interests alien to the rest of us are have drastically cut back on the funding of the city's libraries, planning to sell and shrink them, eliminating books and librarians, consigning books and librarians to "Oblivion."  This kind of book burning and cultural eradication would figuratively subject the public to the sort of "mandatory memory wipe" sacrifice of our human race's patrimony referred to in the film of that title.  Those formulating these choices would do so ignoring what the public would choose for itself.
Eleventh hour for New York City libraries and librarians?  The countdown to elimination in "The Obsolete Man."  . . .The Chancellor tells Wordsworth how he reviles the “ many undesirables” who "eventually create a corps of resistance” and those who“clutch at the past and won't accept the new.”
Obsolete?  Oblivion?  That's the "Library of the Future"? Without wanting to give away all the plot twists of "Oblivion," it is worthwhile to caution that those in charge don't always have the interests of humanity in mind no matter what they tell you.

The closing narration of "The Obsolete Man" Twilight Zone episode wraps up to tell us that it is not the librarian defending books who is obsolete, but instead the Chancellor, as a state official who would overlook the state's citizens to ban books and, according to Twilight Zone host and creator Rod Serling:
. . so is the State, the entity he worshiped. Any state, any entity, any ideology that fails to recognize the worth, the dignity, the rights of Man, that state is obsolete. A case to be filed under "M" for Mankind - in The Twilight Zone.
In the ruble of a civilization-destroying nuclear strike, bookworm Henry Bemis discerns his public library, arousing his hopes.

Open Letter To New York Times Public Editor Margaret Sullivan Regarding Non-disclosures By Ginia Bellafante and the New York Times In Connection With Article About Proposed Sale And Shrinkage of Brooklyn Heights Library

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The following is an open letter I wrote to the New York Times Public Editor Margaret Sullivan concerning an article for which I was interviewed as co-founder of Citizens Defending Libraries by that article's author Ginia Bellafante.

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To: Margaret Sullivan, Public Editor, New York Times
Public@nytimes.com

Dear Ms. Sullivan,
Subject: Non-disclosure of reporter's connection to significant aspect relevant to article about proposed sale and shrinkage of major Brooklyn Library, that private school will benefit very substantially behind the scenes.
I am writing to call to your attention to and ask for your evaluation as New York Times Public Editor of an article written by a New York Times reporter, Ginia Bellafante, with a slant that may not have been discernable to many New York Times readers, but should be very discernible to those who know the facts concerning the subject as well as I believe Ms. Bellafante did.  Ms. Bellafante's editor observes that the article reflects an "opinion" Ms. Bellafante's formed about a very important public issue, whether a major public asset should be sold for redevelopment, the Brooklyn Heights Library, the central destination library in downtown Brooklyn, proposed to be replaced by a luxury tower with a drastically shrunken library at its base.

The article is: Brooklyn Libraries, Development and Misdirected Fear, July 10, 2015

Ms. Bellafante left out of her article many facts, some might think oddly or preferentially, that would very likely have caused her readers to form an opinion, contrary to her own, and conclude that the proposed library sale and shrinkage is unwise.  Her omissions included leaving out the fact that, quite shocking to many, a private school, Saint Ann's, is benefitting to the tune of what is likely to be tens of millions of dollars if the library is sold and shrunk.  Behind the scenes the possibility of materializing this private benefit for the private school seems to be a significant factor in driving forward this public transaction with its attendant public losses.

More important, in terms of letting readers evaluate the objectivity with which Ms. Bellafante was presenting what she wrote, Ms. Bellafante neglected to disclose to them, something unknown to me when she was interviewing me for the article: that she is a parent with a child in that Saint Ann's school that stands to benefit from the transaction she was writing about.

In addition to Ms. Bellafante not disclosing this herself when she wrote the article, the New York Times thereafter chose not to publish a comment on her article (the article was one that was open for comment) that I wrote that would have filled in this omission.  My comment on the article, provided below, noted that Ms. Bellafante disclosed to me, as she was writing the article, that she already knew about how Saint Ann's, a private school, is getting a significant payday (in a currently undisclosed amount) if the proposed sale and shrinkage of the public's library proceeds. Plus my comment noted that Ms. Bellafante and I had discussed the issue of Saint Ann's lobbying for the sale and shrinkage of the library in the background.  I also noted that  Ms. Bellafante did NOT tell me during those discussions that she is a Saint Ann's parent.

The Times decision not to publish my comment was apparently made after my ultimately-not-to-be-published comment was forwarded to Ms. Bellafante's editor who, apparently after consultation with Ms Bellafante, contacted me to say that it was not being published and to explain her view as editor that these things were not of concern.  I do not concur with Ms Bellafante’s editor in this assessment and I am providing our email exchange about this below.

Unfortunately, the publishing of Ms. Bellafante’s article was very well timed to influence an important political vote by Brooklyn Community Board 2 about whether the transaction should proceed and was used as propaganda by those attempting to push the transaction forward.

It would probably be worthwhile to consider chronologically the following concerning Ms. Bellafante’s writing of the article.

On July 6, 2015, the Monday after the 4th of July weekend Ms. Bellafante showed up at a hastily scheduled meeting of the Brooklyn Community Board 2 Land Use Committee.   Because the meeting was atypically being set up ad hoc at the very last minute with notice not going out to the public until 8:55 PM, Thursday, June 30th (essentially for all practical purposes Friday morning of the 4th of July weekend) Citizens Defending Libraries of which I am a part and co-founder of, had a tough time notifying as many people as we could to get the word out that this meeting was to occur.

According to what Robert Perris, the District Manager for CB2 told CB2 members later (July 11, 2015) when distributing and touting Ms. Bellafante’s“observations,” Ms. Bellafante “apparently walked over from her Brooklyn Heights home to attend the community board's public hearing on the ULURP applications associated with the Brooklyn Public Library's plans for its Brooklyn Heights and Business and Career branches” to attend the meeting.

Attending the meeting Ms. Bellafante heard discussion by a CB2 Land use committee that was obviously flailing about helplessly with, for instance, a total lack of knowledge about how much they were actually shrinking the library.  The public was not allowed to speak before the Land Use Committee voted, but it would be hard to think that anyone attending would not have been greatly affected, taking expressed sentiments to heart, when, at the end of the meeting, a long line of community members got up and spoke absolutely unanimously and very eloquently (we should get all our video posted on this) inveighing against sale and shrinkage of the library. No member of the public attending the meeting spoke any words of approval for the scheme.

In news coverage of that night summarizing many of the comments I am quoted as follows:
"This is a very sad vote," said Michael D. D. White, co-founder of Citizens Defending Libraries, which has been fighting the sale. "You've declared open season on selling off of libraries, you've declared open season on the selling off of public assets in general. And you've set the precedent for selling them off at an extraordinarily low price."
See:  the Brooklyn Eagle:  CB2 committee approves sale of Brooklyn Heights Library, with caveats, By Mary Frost, July 7, 2015.  I said much the same thing on News 12 coverage which, with a few short minutes and few words managed to cover other essential points Ms. Bellafante neglected in her article.

Apparently, however, Ms. Bellafante's point of view was not, and perhaps could not be, swayed by the public sentiments expressed that night.  Ms. Bellafante’s editor email to me stated that Ms. Bellfante’s “opinion” that “the redevelopment of the Brooklyn Heights branch should go forward had already been formed” and, in fact, was formed before she learned that the Saint Ann’s school her child attends was benefitting.  We don’t know when Ms. Bellafante decided she would write her article, but it has come to our attention that Ms. Bellafante was informed that Saint Ann’s was benefitting at least by the evening of Monday, June 29, 2015. . .  which means that her “opinion” was already formed by that Monday.

Tuesday, July 7th, the day after the Land Use Committee meeting Ms. Bellafante attended, Ms Bellafante reached out to me leaving a message on Facebook at 3:42 PM.  See below:
Michael: I am a Brooklyn Heights resident and columnist at the NYT and I'm writing this week about some of the changes facing Brooklyn libraries (both at Cadman and Sunset Plaza).

I was at the Community Board meeting last night and noticed some folks holding up signs and assumed they were affiliated with Citizens Defending Libraries. I'd love to talk to you (and/or you and your wife, who I understand is also very involved in this issue) about some of your concerns. I live right on Willow so could meet for coffee in the AM if you have time or we could talk on the phone if that's easier.

Let me know. My email is  giniab[at]nytimes.com

Many thanks,
Ginia
Ms Bellafante finally reached me the following afternoon (Wednesday July 8th) when she called my cell phone wanting a call back “before 6:30 PM” because she was “on a deadline.”

I called her back and we talked extensively starting about 4:30 PM.  In multiple respects I was surprised by how much she told me she already knew about the library sales.  Although she was contacting me with a stated deadline that was imminent, Ms. Bellafnate’s preparation for her article with its pro-development message the article did not appear to have been be rushed into production. 

Her article, published in the Metropolitan Section, was posted on line Friday afternoon.

In collecting more information from me, Ms. Bellafante let me know that she was already very familiar with many facts she later left out of the article, including how Saint Ann's private school is benefitting behind the scenes if the public's library is sold and shrunk.  She was also aware of the linkage between the sale of the Donnell Library for an inexcusably low price and the virtual carbon-copy replication of that model with the proposed sale of the Brooklyn Heights Library: She said she knew that when David Offensend was at the NYPL overseeing the much criticized Donnell sale, his wife, Janet Offensend, went to the BPL where she was key in evolving the "real estate strategy" and concurrent decision to sell and shrink the Heights Library.

Nevertheless, there were a fair number of things I told her that she didn't know that I noted didn't show up in her article even when I think they were of significance.  For instance, that Bill de Blasio had stood on the steps of the 42nd Street Central Reference Library in July of 2013 calling for a halt to the sale and shrinkage of libraries, including this particular Brooklyn Heights Library,* but then not long after, while developer applications were pending was taking money from the development team his administration ultimately selected as he let the sale proceed through to the next steps preceding the public approval process that Ms. Bellafante was writing about.  At Ms. Bellfante's request I directed her to a video available on the Citizens Defending Libraries YouTube channel of de Blasio's July 2013 statements appearing beside us to opposing the library sales.
(* Mr. de Blasio (7/12/2013): "It's public land and public facilities and public value under threat. . . and once again we see, lurking right behind the curtain, real estate developers who are very anxious to get their hands on these valuable properties")
Instead of mentioning anything about de Blasio in connection with the above, Ms. Bellafante downplayed the likely legitimacy of suspicions about our top elected officials and the sacrifice public assets for real estate development by suggesting to her readers that such suspicions were a sort of reflexive hangover, an "aftermath of the Bloomberg era" (therefore safely past tense and dissociated from the de Blasio era?).

I was also able to inform Ms. Bellafante, because she did not know, that Scott Sherman, who had written a series of articles about proposed NYC library sales and shrinkages for The Nation, had a new book book just out, "Patience and Fortitude- Power, Real Estate, and the Fight to Save a Public Library," that included in it new revelations about just how extremely little the NYPL netted from the sale and shrinkage of the Donnell Library: Less than $33 million.  From that amount must still be subtracted annual rent for a temporary replacement Donnell that started at $850,000 after Donnell, still not reopened in any form, closed in spring of 2008 and also must be subtracted millions of dollars paid to high-priced professionals associated with making that transaction materialize.  That very low net price was for a 97,000 square foot library shrunk down to a largely underground and largely bookless library of just just 28,000 square feet, while the penthouse apartment in the 50-story luxury tower replacing this public building is on the market for $60 million and other apartments in the building are selling for prices in the neighborhood of what the NYPL netted.

Ms. Bellafante did not tell me that she had already formulated an opinion that the Heights Library should similarly be sold and shrunk, but a few odd things indicated she might already have some leanings about certain things . . .  

Ms. Bellafante dismissed with disinterest the inconsistencies of the Brooklyn Heights Association respecting its position on selling and shrinking the library because of the gap in time between when it advocated the library be enlarged and its switch to now advocate that it be shrunk.

The fact that the library was significantly enlarged and completely upgraded with appreciable public expense in 1993, making the building essentially 5 years newer than the adjacent Forest City Ratner One Pierrepont Plaza, Morgan Stanley building, was irrelevant to her.  That Morgan Stanley building is where Hillary Clinton has chosen to locate her National Campaign Headquarters.  “After all,” that (1993) was “twenty years” back at the time the BPL announced it wanted to sell the library Ms. Bellafante reasoned aloud sharing her thoughts.

The Friday afternoon Ms. Bellafante's article went up, I immediately started posting comments to the article to add to it facts and perspective that I felt the article lacked.  Processing of comments was slow with some taking five hours to appear.

Publication of Ms. Bellafante’s article this particular weekend was very well-timed to have an influence on a CB2 vote scheduled for the following Wednesday, July 15, 2015, as to whether the library should be sold and shrunk and Saturday, the afternoon following the article’s publication it was sent around to all the CB2 members as propaganda by the CB2 District Manager suggesting the relevance of Ms. Bellfante’s “observations” to the upcoming vote.  See below:
July 11, 2015 at 3:20:21 PM EDT.

"Ginia Bellafante, who writes the "Big City" column in the Metropolitan section of the New York Times, apparently walked over from her Brooklyn Heights home to attend the community board's public hearing on the ULURP applications associated with the Brooklyn Public Library's plans for its Brooklyn Heights and Business and Career branches.  The applications are on the agenda for this Wednesday's general meeting, to be held at 6:00 pm at St. Francis College.  I thought the members of Community Board 2 and its Land Use Committee might be interested in Ms. Bellafante's observations."- District Manager Robert Perris.
(For what it’s worth, almost as soon as Ms. Bellfante’s article was posted on Friday, 3:04 PM, Ashley Cotton, Senior Vice President and Chief of Staff of Forest City Ratner, another of the real estate parities involved in the proposed library sale and shrinkage tweeted Ms. Bellafante’s article embedding a thank you.”)

On Sunday, July 12th when I learned in the afternoon that Ms. Bellafante was a Saint Ann’s parent I submitted the following comment to the Times article (I was still awaiting publication of a previous comment about digital books).  This is the comment the Times would not publish:
When I spoke with Ms. Bellafante there was a great deal of information she impressed me by telling me that she already knew,, most of which doesn't appear here.  For instance, the background connections explaining how this proposed sale is modeled on the Donnell sale debacle, conceived at the same time.

Ms. Bellafante also explained that she knew all about how Saint Ann's, a private school, is getting a significant payday from the sale and shrinkage of the public's library in a currently undisclosed amount.  We discussed the issue of Saint Ann's lobbying for the sale in the background.

What Ms. Bellafante did NOT tell me and I now understand to be true is that Ms. Bellafante is a Saint Ann's parent, something not disclosed in this article.
Here is what Ms. Bellafante's editor wrote back to me at the end of the next day confirming that Ms. Bellfante was a Saint Ann's parent together with reasoning about my comment that was not being published:
From: Virshup, Amy  
To: mddwhite  
Sent: Mon, Jul 13, 2015 4:39 pm
Subject: Your comment on Ginia Bellafante's column

Dear Mr. White,

I am Ginia Bellafante's editor at the Sunday Metropolitan section of the Times and your comment about Ms. Bellafante's recent column on proposed library redevelopments in Brooklyn was forwarded along to me. The comment was not posted on the site, as I'm sure you know.  But I didn't want to let the moment pass without getting back to you.

I spoke to Ms. Bellafante about any possible conflict of interest. She began following the library issue before she knew that any possible sale of air rights by St. Ann's could be part of the project. She had not heard that anyone in the school was lobbying for the redevelopment to go forward, until you and other opponents claimed to her this was the case. Her opinion of whether the redevelopment of the Brooklyn Heights branch should go forward had already been formed and was not influenced by this news, or by the fact that she has a child at St. Ann's.

As citizens of New York, we here at the Times often end up writing and editing about things that intersect with our own lives. There are cases in which we feel that a reporter or columnist is simply too close to an issue to write fairly about it. We don't think this is one of those cases.

Sincerely,
Amy Virshup
Here is what I wrote back:
Monday, July 20, 2015 9:21 pm

Dear Ms. Virshup,

Yes, thank you, I am aware that the Times did not publish my comment.

When I talked with Ginia she told me that she knew all about the Saint Ann's payday.  I was surprised by how much she knew about this and other things like the linkage between Donnnell and other library sales with the Offensends (from our shared Brooklyn Heights neighborhood*) in the background and somewhat surprised by how much she chose to leave out as too unimportant to specifically mention, and too unimportant apparently to weigh in the balance of her conclusions.

        * We also similarly talked about Mr. Gutman.

Talking about Saint Ann's, we talked about the PowerPoint presentation that Saint Ann's did for its faculty about the library sale.  We also discussed at length the issue of Saint Ann's lobbying for its private benefit behind the scenes to drive forward this transaction where the public incurs significant loss.  I don't know when Ms. Bellafante first became well informed about the Saint Ann's payday before talking to me, nor do I know when she formulated her opinions, but I firmly feel it was, as a matter of good journalistic practice, a matter for her to disclose to her readers.  Ostensibly, at least she was formulating her thoughts when seeking information from me, and perhaps she should still have been.  On the other hand you are suggesting she already had a fixed idea of the conclusions she intended to promulgate before contacting me.

Failing disclosure in her article, I think it would have been fairest to the public and Ms. Bellafante's readers to at least learn that Ms. Bellafante was a Saint Ann's parent via my comment when I offered it rather than blocking it. This would have been especially valuable to have done on a timely basis, because Ms. Bellafante's article was used as a propaganda piece sent out officially by the CB2 office for CB2 board member consideration in connection with their vote before the CB2 members voted.  It was very well timed and well written for that purpose.

I could quibble about other matters in the article that look like they reflected an agenda on Ms. Bellafante's part, but I suppose I will only add that Ms. Bellafante did not mention to me that she was was going to depict Citizens Defending Libraries as having a sort of a feud with Urban Librarians Unite.  I don't believe she mentioned Urban Librarians Unite at all, and she certainly didn't mention her intent to have them comment on Citizens Defending Libraries or offer any opportunities of balance in that regard.

As for the question of when a columnist is too close to an issue to write fairly about it there will be different opinions. I, myself, personally, believe it is often necessary to write about things intersecting closely with our own lives. .  although maybe this is less often the case at the Times where the staff is large.  The lack of disclosure is what is troubling.

As to whether these or other relationships affected Ms. Bellafante's judgement in these matters, some of her logic troubled me like quickly dismissing the oddness of so drastically shrinking a library we so recently expanded (effectively the library is five years newer than the adjacent Ratner building, One Pierrepont Plaza, where Hillary Clinton has located her national headquarters).  Right now I'll leave the question of whether Ms. Bellafante's judgement was affected to others to consider without stating my own conclusion.  It's something I believe you and the Times should still be thinking about.   As for the public, it  won't be able to evaluate the question for itself without disclosure.

MICHAEL D. D. WHITE
Citizens Defending Libraries 
Noticing New York
http://noticingnewyork.blogspot.com/
National Notice
http://nationalnotice.blogspot.com/
W: (718) 834-6184
C: (917) 885-1478
mddwhite [at]aol.com
I did not get a response back.

One additional afterthought I’ve had is that, even if Ms. Bellafante formulated her apparently irrevocable opinion that the library should she sold before she formally knew that Saint Ann’s was getting a great deal of financial benefit in the background, she still formulated her opinion with that Saint Ann's sale being part of the milieu, the background and social environment of people around her, against which she formulated her thoughts.  Without being very careful it is not so easy to say that there was no consequent influence.

The purpose of this letter is not to point out where Ms. Bellafante and I may disagree in about conclusions that could be subjective, but pointing out some of these differences will help indicate instances where more wary and alerted readers might conclude that Ms. Bellafante's judgment was off.

Ms. Bellafante is entitled to a personal observation upon which she describes the library as "dilapidated," especially since she told me that she has visited the library with her son, but it is an assessment we don't share and I directed her to an extensively complete set of photographs including all the space not normally viewable by the public that I believe supports a different conclusion.  While it must be treated as Bellafante's own assessment it seems less accurate than an indication that she was looking to pass along promulgated talking points of the BPL.  Using sarcasm to belittle the idea that there is need for scrutiny because the BPL estimated costs of $9 million in necessary repairs for the library, $3.5 million for a partially out of commission air conditioning system (actually estimated by the BPL as higher than that) are likely inflated, Ms. Bellafante tossed off to her readers a disbelief that library administrators are interested in doing real estate deals, but the BPL's minutes show that when Linda Johnson arrived as BPL president she told her board that real estate deals were her top priority.

While Ms. Bellafante's quoting me about digital books is an accurate portion of our conversation about digital vs. phyical books it is a highly truncated one.  Yes, as recently covered by a WNYC "On The Media"segment and National Notice article, digital books and keeping physical books off site does mean libraries cease to have zones of privacy, but in saying that we are not against digital books I cited librarian John Palfrey's new "BiblioTech" book as calling for digital plus physical books (requiring more, not less, room), and I noted that people tend to prefer physical books (probably in part because they learn better with them- as covered in the Times) so that, despite the push of the BPL and NYPL toward digital books, circulation is way up with almost all of that circulation being physical books.  I also cited the just-out Washington Post article about how much more expensive digital books are and how with a push to digital rental models and increasingly consolidated content control digital books may mean that content winds up just vanishing from the libraries. . . .

. . . Instead, Ms. Bellefante's article uses was written to imply that the Brooklyn Heights Library is being shrunk based on "library science."

In conclusion, I believe that that there is substantial evidence that Ms. Bellafante approached her subject with bias and a fixed predetermination about what she would write that improperly fore-ran her collection and analysis of relevant facts and that, partly because that fixed predetermination persisted the way it did that Ms. Bellafante being a Saint Ann's parent, a school benefitting very significantly from this transaction, should have been disclosed in her article.  Similarly, I think the Times should have published rather than blocked my comment that would have provided an alternative, though less effective, disclosure of that relevant fact.  In fact, I see no reason why the Times did not publish my comment other than the original lack of disclosure might have been viewed as potentially embarrassing.

Had readers been informed by such disclosure there would have been cause to be more alert for the balance that I believe was missing from Ms.Bellafante's article.

Here, albeit with a few overlaps from what is cited above, are things Ms. Bellafante left out of her article:
    1.    The mistake of shrinking this library ( last enlarged with public expense and sacrifice Oct.1993) down to just  one-third size* can  never be corrected, nor can the “replacement” library, stuck in the bottom of a luxury residential tower, ever grow with the neighborhood, CBD, borough or city.  Though this shrinkage is to a preordained size, no replacement library has been designed and  no estimation at all has been done of how many books it should hold.

            (*  63,000 square feet to just 21,000 square feet.)

    2.    The BPL is selling a  sturdyreadily adaptable library in good shape, together with its land and development rights worth over $100 million (probably $120 million or more) to the public in order to net next to nothing in a transaction that may even incur a  net cash loss.  Further, there is no assurance that the paltry sums, if any, gleaned from the sale,  all going to the city, would ever subsequently go to libraries.  Libraries, highly valued by the public, cost relatively little to fund, but this sale is apt to encourage further underfunding like this.

    3.    This sale would sacrifice one more public asset (an education-supporting one at that) to build yet another new, huge residential tower that would further burden the public infrastructure such as PS8, already at  140% capacity.

    4.    The gentrifying aspects of this project are unmistakable with a public asset democratically serving everyone equally being shut down, lower income patrons coming to the neighborhood  kicked out, and so-called “affordable” housing units built  “poor door” style at a far remove from Brooklyn’s burgeoning downtown and upper crust Brooklyn Heights.

    5.    The developer has  refused to say how much of a payday the private Saint Ann’s School is getting from the public’s sale and shrinkage of the library, because that’s a “ private” transaction, even though  it’s driving this  public one.  Shouldn’t Saint Ann’s be paying the BPL?  (It may likely get more from this sale than the BPL is getting.)

    6.    This sale sets the unfortunate precedent for serially underfunding and selling off other libraries (per the BPL strategic real estate plan) and other public assets (like  public housing) setting a template for how public assets can be picked off one by one.  This developer is making hundreds of millions of dollars: The incentives for other such deals will always be there.   If we can’t stop them at libraries . . .where can we stop them?

    7.    It’s improper that while the developer’s application for this project was pending Bill de Blasio was taking money sent to him by its development team,  in his words“lurking right behind the curtain . .  very anxious to get their hands on these valuable properties.”

Here are links I supplied Ms. Bellafante as research resources to supplement what I understood she had found:
    •    This Citizens Defending Libraries page with a handout we gave the CB2 Land Use Committee members (linking to other handouts including the memo about environmental issues).  It links backward to other valuable sources.  Monday, July 6, 2015,  Handout Number 1 For July 6, 2014 Brooklyn Community Board 2 Land Use Committee Meeting- Let's Get the Record Straight! Concerns Re Proposed Library Sale+Shrinkage To be Voted On 
   •    This is the Citizens Defending Libraries YouTube 12-minute interview with the 2-minute de Blasio clip right after the introduction.  BK Indie Media Interviews CDL On Library Selloff Schemes
    •    This is the product of the Citizens Defending Libraries forums we've had on the subject of selling off and privatizing public assets in general.  Our Public Assets Under Attack- A Calamity of the Commons Unfolding That We Must Act Collectively Against- How best To Express It? 
   •    This presentation of the tour photos showing the library to be in very good shape with lots of readily usable space.   In A Closed Library, A Tour of Much The Public Doesn't Get To See- Don't Let Them Close This Library, The Brooklyn Heights Library On Cadman Plaza West, Corner of Tillary & Clinton

    •    This is Citizens Defending Libraries statement of principles posted in connection with the Sunset Park library proposal.  Monday, November 3, 2014,  Proposed Statement of Principles Concerning Any Possible Redevelopment of Library-- Sunset Park Branch.
    •    Reference to recent Noticing New York articles I wrote about the libraries from July and June.

Sincerely,

MICHAEL D. D. WHITE
Citizens Defending Libraries 
Noticing New York
http://noticingnewyork.blogspot.com/
National Notice
http://nationalnotice.blogspot.com/
W: (718) 834-6184
C: (917) 885-1478
mddwhite [at]aol.com

Was Library Administration Officials’ Campaign For Restoration of Library Funding Done With Great Fanfare A Victory? No. Was It Even A Great Campaign? No.

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Caption to this "We Did It" photo sent by the NYPL: "You asked them to Invest in Libraries-and they did! Pictured, from left to right: Libraries Sub-Committee Chair Costa Constantinides, Finance Committee Chair Julissa Ferreras, Speaker Melissa Mark-Viverito, and Majority Leader Jimmy Van Bramer"-  And what "did" they do?
There had been so much fanfare about it all and then, late Monday night, June 22, 2015, the public got news on the results of one of the most major campaigns for restoration of library funding that anyone can remember.  The campaign NYC Library administration officials ran, aimed at the de Blasio administration, was for restoration of progressive annual cuts implemented by the Bloomberg administration going back to 2008.  Was the campaign a success?: It was announced that libraries would receive an additional approximately $40 million* "for all branches operating within the five boroughs" over what had been in the "the mayor's office original plan to significantly cut library funding in next year's budget.". . .  Was the campaign even a good one?

Sadly, the answer to both these questions is NO!
(* Introductory background note on the figures:  Perhaps it's indicative of just how casually a few paltry million is thought of in the scheme of things, but the restoration of funds was variously reported and discussed as being in the amount of $39 million, and alternatively, without explanation, in the amount of $43 million.  Initially, the New York Times reported the restoration amount to be $39 million on June 22, 2015.  Similarly, $39 million is what was discussed as the figure from budget negotiators on June 24, 2015 on the Brian Lehrer show.  A City Council press release announcing the restored funds on June 26, 2015 oscillates, stating the restored figure to keep branches open as $39 million in one place, and $43 million in another.  Ultimately, library PR started consistently using the $43 million, which my discussions with the NYC Independent Budget Office indicate is probably the correct number.  A recent New York Times article by Ginia Bellafante that sought to convey with emphasis that libraries that might be sold off have gotten a lot of money recently stated the figure to be $46 million, but that was probably a typo or a miscommunication between Ms. Bellafante and the library administration spokespeople she was communicating with. . . . However, dirty little secret, the actual increase to funding this 2016 funding year over the prior funding year is just $35 million, the statement of the greater $43 million figure is because de Balsio was actually proposing to cut funding from the previous year's level.)
It Hasn't Been Reported, But A Confused Public Needs To Know. . . 

These questions were asked of me by a reporter in connection with an article that might have been written.  Time has passed and that article has yet to be written so I think it's time to write it myself.  Full disclosure: The reporter contacted me because I an a co-founder of Citizens Defending Libraries, an organization that has been fighting for adequate funding for New York City Libraries, one reason being that we don't want underfunding of our city's heavily used libraries to be used as an excuse to sell them off.

Based on what has been written and appeared in the news media to date, the public would be pretty confused about what happened, including being confused by the fact the campaign was declared a victory and the PR pushed out by by library administration officials PR that has led to goofy, misleading statements like this one in the Times: "The city’s 2016 budget includes the largest increase in operating and capital funding for libraries in the city’s history."

In reality, failing to get a restoration of the Bloomberg cuts they identified, library administration officials got $22 million less funding for libraries from Mayor de Blasio on the operating side than they asked for and they should have been asking for even more money overall.  The Bloomberg administration's intentional deferral of capital expenditures for the libraries has not been adequately addressed so that needed repairs for libraries will not be made and this lack of funding will be cited as a reason to sell off significant library assets at bargain basement prices.

Is it truly fair to say library administration officials ran an ineffective campaign for the restoration of library funding? How could it be that when, with the campaign that they ran, every major New York City daily editorialized that proper funding to the city's libraries should be restored: The New York Times, the New York Post, the Daily News, The Observer, AM New York (as a key tool to narrow the city's income gap), and the Staten Island Advance?  Good points were made by all getting important messages out.  For instance, the Times editorial cited its columnist Jim Dwyer who had pointed out that in the last 8 years at least $620 million has been spent on just three sports arenas, (the Ratner/Prokhorov "Barclays" arena included) and that this amount was 1.37 times the amount spent on libraries serving seven times as many users.

Said the New York Times editorial while citing that Dwyer piece:
Mr. de Blasio leads a city where the corporate and entertainment infrastructure are seldom neglected. Citi Field, Yankee Stadium and the Barclays Center, to name just three, are beneficiaries of hundreds of millions of dollars in taxpayer funds . .  while schools and libraries languish.
The reason it is fair to say that the campaign was actually not the campaign that it needed to be is that the big picture of what went on is that the fight for more library funding was fundamentally flawed: It was hamstrung by starting out not asking for enough, asking essentially only for a compromise . . .  Worse: The campaign did not clearly state what was at stake.  Doing so would have been important to rally the public.  . .    When your starting position is to ask for what is only a weak compromise what you are likely to get, and what we got, was a compromise on that requested compromise.

Libraries have always had to fight for funding, but we used to fight for funding to enlarge our libraries as we were doing through to the end of the Giuliani administration and before him under Dinkins.  Now the money we need is so that there isn't an excuse to sell off in our libraries in a weird program of self-cannibalizing funding that sacrifices and drastically reduces our overall assets, selling libraries like Donnell, the 34th Street Science, Industry and Business Library (SIBL) and Brooklyn Heights for a fraction of their value.

Libraries are one of the top priorities of the public.  They cost the merest fraction of the budget to fund.  Usage is way up.  They supplement what we spend on schools and more than pay for themselves economically although their real value in terms of democracy, society and culture is fuller than that.

The public absolutely does not want libraries underfunded and the public certainly does not want to face the doomsday scenario that libraries are so underfunded that the public will be told that unrepaired libraries need to be sold off and shrunk.  The funding campaign waged by the library administration officials did not ask for the amount of money we need so there will be no excuse to sell off libraries like SIBL or the Brooklyn Heights central destination library in Downtown Brooklyn.  The library administration officials' campaign did not tell the public that without proper funding we would be selling our libraries.  Any real threat like this should've been trumpeted!  It wasn't and most of the public still aren't aware libraries are threatened by such sales.

Why did library administration officials hold back and not make the case for funding sufficient so that libraries won't be sold?:  These very same library administration officials are pushing these real estate deals, which are, in fact, juicy handouts to developers.  This amounts to a perverse incentive to underfund libraries. .

. . .  The current level of underfunding began after Bloomberg secured his third term and as plans to sell and shrink libraries, citing underfunding as an excuse, were launched.

Listen To Young Adult Fiction Writer Judy Blume
 
The following was from an April 25, 2015 “Invest In Libraries” campaign email, “Are you there Mr. Mayor? It's Me, Judy Blume,” sent out by the Libraries. .  In this case, for purposes of the email, the words were put in the mouth of author Judy Blume asking New Yorkers to sign a letter to Mayor de Blasio asking for more funding (emphasis supplied):
Librarians are the protectors of intellectual freedom. They are the defenders of books and imagination and thought. They are on the front lines, working every day to improve literacy, to close the digital divide, and to spark creativity in everyone who walks through their doors.

Despite this role, NYC libraries have been cut $65 million in annual operating funds since 2008. They are down hours and about 1,000 staff members. If that funding was restored to the City's three library systems, the total budget for public libraries would be less than half of one percent of the total City budget. Seems like a no-brainer to me.

Take a moment. Literally just about 30 seconds. Tell Mayor de Blasio and the City Council that our libraries are worth more.

Additionally, library buildings themselves are not up to par. The City's 217 branches need $1.4 billion worth of maintenance and renovations over 10 years. They leak. They are overcrowded. They don't have enough outlets. Really? This is not acceptable.
There's nothing to disagree with here.  And it's eloquent.  But where is the mention that without proper funding major libraries, significant capital assets will be sold?

Next, notice that the Blume email observes that since 2008 (when Bloomberg was launching library sales plans) library operating funding has been cut $65 million.  Wouldn't you imagine that anything less than a restoration of those requested $65 million in funds would be a defeat?  One would think so, but although the revised budget de Blasio agreed to restored significantly less everyone involved in the ineffective campaign was willing to proclaim victory as if the public wouldn't notice the still missing funds.  And the public, being told that a victory had been achieved might, indeed neglect to remember the figures in the Judy Blume email.

Declarations of Victory- Really?

Here is a June 30, 2015 email (Subject:"Subject: Major Victory for NYC Libraries!") from the NYC Council Speaker Melissa Mark-Viverito declaring a victory in the library funding campaign fight:
In case you missed the good news, this past week the New York City Council adopted a balanced, fiscally responsible budget for Fiscal Year 2016  that includes $43 million in funding for our city's libraries.  

With this funding, branches across all three library systems – the Brooklyn Public Library,  the Queens Library,  and the New York Public Library (which serves Manhattan, the Bronx and Staten Island) – will be able to stay open six days a week!

We also successfully persuaded the Mayor to commit to a $300 million 10-year capital plan to help maintain and revitalize these vital institutions.

Our thanks to you and everyone else who helped make these important victories possible!
Here is a similar June 24, 2015 email declaration of victory sent out by Brooklyn Public Library president Linda E. Johnson:
Dear Library Supporter,
This is a great week for Brooklyn Public Library.

On Monday, we learned that Mayor de Blasio and the New York City Council have reached an agreement to increase funding for public libraries in the City’s budget.

Here from NYPL President Tony Marx’s June 30, 2015 “Big win for NYC's libraries” (alternately to others it went to the same day “The big news, and a big thank you”) with a huge “We Did It!” banner:
 New Yorkers spoke out. And City leaders listened.

We're thrilled to report that the Mayor and the City Council announced their agreement on the budget: The City will increase libraries' operating budget by $43 million. We'll also see a significant increase in the budget for taking care of our aging buildings.

This is the largest single increase of operating funds in our history and will allow for 6-day service across the city, plus more books, programs, and increased research library services.

    * * * *

We are so grateful to Mayor de Blasio, City Council Speaker Mark-Viverito, Council Finance Chair Ferreras, Majority Leader and Cultural Affairs Chair Van Bramer, Sub-Committee on Libraries Chair Constantinides, incoming Libraries Chair Andy King, and all the members of the Council for this historic increase, which provides great momentum for the future.

    * * * *

We at the Library have been honored to have been a part of this campaign, which showcased the best of New York.

"We Did It!"  Did What?

The banner said “We Did It!”   Whether that's true all depends on what your definition of "It" is.

If "It"means that New York City libraries will continue to be underfunded, then they did "It."

If "It"means that New York City library administration officials will proclaim that library funding is now at a level so low that libraries need to sold and shrunk as a result, then they did "It."

If "It"means that all of the above can be true ans still let library administration officials, the New York City Council and the mayor proclaim this "the largest single increase of operating funds in our history,"then they did "It."

This is the "It"that these officials apparently think means that they can tell the world they ran a great campaign even while libraries are underfunded and in jeopardy of sale, a sort of sweet spot where they probably expect much of the public will be lulled into thinking there is no longer anything to be on guard against, that its interests were vigilantly protected. . .  This sweet spot was steered into almost as if by magic.  Were smoke and mirrors involved?

What enables the proclamation that this is this "the largest single increase of operating funds in our history"?  Partly it's a budget dance.  The actual increase to funding this 2016 funding year over the prior funding year is really just $35 million.  The statements describing the increase to be $43 million instead is because Mayor de Blasio was actually proposing in his original executive budget this year to cut funding from the previous year's level.

Last year, the first year for which Mr. de Blasio was in office to propose a budget for libraries, City Council members in the their budget hearings gleefully announced that with Democrat de Blasio in office the "budget dance" was over.  The "budget dance" engaged in routinely and cynically by Bloomberg involved gaming ploys to distract attention and energy by proposing cuts to the public's beloved libraries that the Bloomberg administration never, ever intended to fully implement and then letting the city council fight and take credit for reducing them.  The good news that first de Blasio budget year was that the dance was theoretically over and that de Blasio somewhat increased library funding over the prior year's Bloomberg budget, even though he by no means made up for all the past Bloomberg cuts.*
(*  That year de Blsio also derailed the NYPL's central library plan, cutting off its funding, although, somewhat inconsistently, he did not simultaneously recapture for other uses plus city oversight and scrutiny the $150 million in city money that had been associated with it.)  
 This year during budget hearings the City Council members were forced to acknowledge that the"budget dance" was back with City Council member Jimmy Van Bramer stating that what they were fighting for this year was not a "restoration" of funds but a "restoration of a restoration" of funds.

Library Administration Officials Commanded Significant Resources to Hit This “We Did It!”  Sweet Spot

Library administration officials and those with them in the lead on this campaign were able to commandeer significant resources with many like Judy Blume, significant personages appropriately eager to fight for the libraries.  One would hope that Ms. Blume and these others would consider that their contributions to the fight were well used.

For instance, on  June 8. 2015, the NYPL ran and ad in the New York Times with a list of supporters which included really big names like Robert A. Caro  Malcolm Gladwell, and Tony Kushner.  At the bottom of the page it said the "Advertisement paid for by NYPL Board of Trustees Chair Evan R, Chesler and NYPL Executive Committee Chair Abby S. Milstein."  Ms. Milstein is from the Milstein real estate family.

Others signing the advertisement statement that "The world's capital of opportunity deserves better" included: Vincent Alvarez, Kurt Andersen, Paul Auster, Rabbi Andy Bachman, Mikhail Baryshnikov, Judy Blume, Andy Borowitz, Phoebe Boyer, Rabbi Angela W. Buchdahl, David Byrne, Geoffrey Canada, Graydon Carter, Mario Cilento, Vin Cipolla, Edwidge Danticat, His Eminence Archbishop Demetrios of America, Junot Díaz, E. L. Doctorow, Jennifer Egan, Héctor Figueroa, Reverend Floyd H. Flake, Jonathan Franzen, Neil Gaiman, Henry Garrido, William Gibson, Elizabeth Gilbert, Adam Gopnik, Kim Gordon, Annette Gordon-Reed, Philip Gourevitch, Vartan Gregorian, George Gresham, Ethan Hawke, John Hockenberry, Jenny Holzer, Siri Hustvedt, Sherrilyn Ifill, Walter Isaacson, Jennifer Jones Austin, Maira Kalman, Imam Khalid Latif, Paul LeClerc, John Legend, Jonathan Lethem, David Levering Lewis, James McBride, Lin-Manuel Miranda, Toni Morrison, David Nasaw, Victor S. Navasky, Harry Nespoli, James Patterson, Darryl Pinckney, Richard Price, Francine Prose, Ruth Reichl, Anthony D. Romero, Oliver Sacks, Stacy Schiff, Anna Deavere Smith, Colm Tóibín, Javier Valdés, Reverend Michael A.Walrond, Jr., Tom Wolfe, Jacqueline Woodson, Sheena Wright, Tim Wu.

Notably, this list includes individuals who, like Citizens Defending Libraries, were plaintiffs in lawsuits against the NYPL to halt the NYPL's Central Library Plan, an ill considered real estate boondoggle involving library space shrinkage and library sell-offs: David Levering Lewis and David Nasaw.  Similarly, it includes now recently deceased E. L. Doctorow (a professor of mine at Sarah Lawrence) who supported the Committee to Save the New York Public Library (of which I am also a part and which has coordinated with Citizens Defending Libraries) joining in criticism of that Central Library Plan.  Tim Wu, last on the list, was candidate for Lieutenant Governor of New York on the ticket with Zephyr Teachout who held a rally with Citizens Defending Libraries decrying the library sell-offs and sales on the steps of the 42nd Street Central Reference Library during their campaign.

The energy of all these individuals wound up supporting a campaign that steered into falling short of the mark, and consequently the prospect of turning libraries into real estate deals. What if some of these individuals could, alternatively, have put their energy into a campaign with higher standards and demanding a better deal for the public?

In the strange bedfellows department, some of the individuals in this long list, former NYPL president Paul LeClerc and Muncipal Art Society president Vin Cipolla were involved with launching or supporting library sell-offs and shrinkage, individuals who would not have wanted this grand campaign to steer a different course.

Celebratory Endorsement While Underfunding Persists

Still others were similarly broadcasting to the public that they were endorsingly enthusiastic about this sweet spot that had been hit.

Brad Lander, who has been working hard to turn libraries into real estate deals for a number of years now, emailed his constituents ( 6/26/2015):
“I am especially excited about . . . six-day service at all our public libraries: Thanks to an additional $43 million, every public library across NYC will be open 6 days a week. This has long been one of my priorities – and it was made possible this year by an incredible “Invest in Libraries” campaign that involved many of you.”
From Urban Liberians Units "Happy Dance" post about the level of funding for the libraries
Urban Librarians Unite is a group that was formed contemporaneously with the launching of the library sales and which has managed to find itself on the supporting side of all the proposed variations of library sales that have materialized since then, posted, on July 29, 2015, its "Library Budget Happy Dance FY16":
It’s starting to feel real now. In June, libraries in NYC received an additional 43 million dollars in operating funding, something we have been fighting for for 6 years. . . .  

. . .   It’s completely awesome and a little bit overwhelming, but real. Definitely real.
We did it. YOU did it. Thank you to all the letter writers, elected official callers, 24 hour read in readers, postcard collectors, researchers, petition signers and city council testifiers. You were so loud that libraries couldn’t be ignored.
Underfunding of Libraries Now Cited As Reason to Sell Them

Has the de Blasio administration restored New York City library funding to anything near sufficient levels? On Wednesday July 15, 2015, a community board in Brooklyn, Community Board 2, voted to sell off and shrink down to just one-third size a major destination library in burgeoning downtown Brooklyn, the Brooklyn Heights Library, for a very low price.  That library had not long ago, in October 1993, under a previous administration, the Dinkins administration, been greatly expanded and completely upgraded at with city funding reflecting appreciable public expense and sacrifice. . .

. . . .The reason for the sale of this public asset worth probably $120 million or more to net the city selling it significantly less than $40 million?: The community board said there was no other alternative to address the lack of city funding.  One of the CB2 board members pushing for the sale and shrinkage of the library, William Flounoy, chairperson of the Economic Development and Employment Committee, speaking of repairs (the air conditioning) that haven't been made at the library said"There's no money in the system to maintain it."

Meanwhile, another major library, the Science, Industry and Business Library, built at considerable expense ($100 million) when it opened in 1996 (also with a special focus on business and career functions) is similarly on the sales block for the same reasons.

Must the answer be to now sell and shrink libraries?  In a Brooklyn Magazine article about how in the aftermath of the proclaimed funding victory capital needs of the libraries still remain desperately unmet, Christian Zabriskie, Executive Director of Urban Librarians Unite, says selling the Brooklyn Heights Library (probably SIBL and others too) is the "pragmatic" thing to do because "libraries don’t really have any assets other than the buildings,” as if the purpose of publicly paid for libraries is to pay financial tribute or spin off assets.  Libraries are long-term capital assets that took years to build and acquire.  Rather than rush, wouldn't it be better to wait and continue the fight for restoration of the small amount of funds needed?  Remember Ms. Judy Blume's informing us above that, "If that funding was restored to the City's three library systems, the total budget for public libraries would be less than half of one percent of the total City budget.". . .

. . .  that"less than half of one percent" is what the entire budget would be, not the still missing fractions needed to end de Blasio's carry-ever of the the Bloomberg cuts.

In a recent Ginia Bellafante New York Times article promoting the sale and "redevelopment" of the Heights and other libraries, Zabriskie ridicules the idea that there could be such alternatives: "We would obviously prefer it if buildings weren’t sold off. But it’s the real world. I’d rather ride a unicorn to work, but I can’t.”   This ridicule about the possibility of adequate funding comes from the man that Urban Librarians Unite, in its "Happy Dance" post about funding touts "just never freaking stopped" when it came to library advocacy?

The Underfunding Is Recent, Peculiar To the Bloomberg and de Blasio Adminstartions

The Brooklyn Magazine article quotes David Woloch, Executive Vice President of the BPL who says that in Brooklyn alone, capital needs are a “problem that has been growing for a really long time, for decades” making the current funding problems seem perhaps all the more insurmountable.  But this is disingenuous.  Going just one`decade' back would take us to 2005, and Bloomberg's NYC and BPL deferrals of capital repair expenditures doesn't commence until November of 2008, although the plans to sell and shrink libraries that occasioned them may well go back to 2005. . .  Going back two'decades' gets us to 1995, the era when under Dinkins and Giuliani we were enlarging and upgrading libraries, including the Brooklyn Heights Library.

Giuliani's expansions continued to the end of his administration carrying over into the first years of the Bloomberg administration that started January 1, 2002.

Mr. Woloch once worked at the city department of transportation for Iris Weinshall, senator Schumer's wife, who now as COO at the NYPL is selling off SIBL, completed as part of a major publicly paid for expansion in 1996.    

Selling Libraries Is Amounts To Public Loss, Not Generation of Funds For the Public

Providing another disingenuous rationale for selling off the Brooklyn Heights library Mr. Woloch and Mr. Zabriskie have advanced the idea that (ignoring any associated public losses), according to Zabriskie, the sale "will generate revenue to repair other branches in lower income areas. The sale of this one library will benefit many."

In point of fact, the money from any sale goes back to the city, not the library.  Although the BPL is, in connection with the proposed Heights Library sale, moving four identified libraries to the head of its list for city capital repair funding of some of their needed repairs there is no guarantee that after whatever lobbying and beseeching is done money will come back to the libraries after this bird-in-the-hand asset is sacrificed and, in the end, there is no way to track things through to show this to have been the case.  Further, some would say the BPL moving these four libraries to the head of the list is just a cynical political move to buy support from key local elected officials at the unfair expanse of other libraries equally or in greater need of funding.

Lastly, although the sale will "gross" a $52 million price for the city and the BPL it has many attendant expenses the city and BPL will have to pay for, including, but not limited to, $16+ million to outfit the new much smaller replacement and a yet to be determined or revealed amount, probably again many millions, to cram shifted functions into the Grand Army Plaza where no additional space will be created to accommodate them.  The BPL has not opened up its books on this, but in the end, the sale could net close to or less than zero.

Zabriskie also invokes his own "library science" analysis to justify his conclusion its a good idea to sell and shrink the Heights library.  I am not a librarian and I don't play one on TV, but given the greater expense of digital books and the fact that the public prefers physical books we would beg to take issue with Zabriskie's expression of his professional opinion on this matter.

Was the campaign for restoration of library funds a successful campaign?  No. Neither that, nor a good one.  As the most recent Citizens Defending Libraries petition to Mayor de Blasio (Mayor de Blasio: Rescue Our Libraries from Developer Destruction) states:
Selling irreplaceable public assets at a time of increased use and city wealth is unjust, shortsighted, and harmful to our prosperity. These plans that undermine democracy, decrease opportunity, and escalate economic and political inequality, should be rejected by those we have elected to pursue better, more equitable, policies.
The campaign has left us exactly there, in a place where we are selling those precious assets.  Only those who think that this is a good thing or believe that this was legitimately the intent of the campaign should believe that it was a good and successful one.

Priorities To Be Replicated?: Private Luxury Now Abounding Where Former Donnell Library Stood, A "Replacement" Library Is Nowhere In Sight

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"DO NOT ENTER" the library, still a construction site in the huge new luxury tower, but an "Opening Alert" went out last March inviting those who could afford it to come "Come sip cocktails in the Crystal-clad Baccarat Hotel" - Click to enlarge
Monday of this week the New York City Planning Commission for the first time voted, setting an very significant precedent, about whether we should sell our libraries as redevelopment projects, with our libraries and perhaps schools (if schools are sold as well) put at the base of new luxury towers. . . 

Today is the eighth anniversary of the announcement of the sale of the beloved and very important central destination Donnell Library across from MoMA on 53rd Street between Fifth and Sixth Avenues.  Last March the luxury hotel, the luxury condominium building, theluxury restaurant replacing the Donnell Library all opened.  If you pass by the former Donnell site as I did the other day it will be clear to you that there will be no `replacement’ library there come next March 2016, the anniversary of these luxury openings.  That's even though, when the Donnell Library sale was announced in 2007 the public was told that the sale would produce such a replacement library in “no more than three-and-one-half years.”

Guest luggage headed in to the Baccarat hotel (a lit fireplace part of its entryway) and, on right, as seen from the outside, the bar at the entrance of "Chevalier," restaurant for the wealthy.
This arrival of private luxury in the Baccarat Hotel and condominium tower with no library in sight says volumes about what the priorities were when Donnell was sold off at a fraction of its value to the public: High-end amenities and more property and wealth for the richest come before democracy and the assets that serve us all.

Moved back yet one more time, NYPL's expected completion date become "Summer 2016".

In fact, a visit today to the New York Public Library website discloses that the current, relentlessly postponed expected completion date for the drastically shrunken “replacement” library (less than one-third the size, almost only just one-quarter) is Summer 2016.”  That's virtually the ninth anniversary of the announcement of the sale, approximately a year and a half after the opening of the luxury facilities.

That “replacement” library will be largely bookless and, unlike the now completed luxury facilities, mostly underground.  While it might be unknown how many books the replacement library will hold (when plans were announced the architects said they were given no direction on this), the luxury penthouse in the fifty-story building replacing the library is advertised as featuring its own private library, books lining the private space’s walls.
New York Times advertisement for the luxury condominiums in the Baccarat featuring the private library of the penthouse
The announcement that Donnell, one of Manhattan’s favorite, most heavily used, central destination libraries had been suddenly and secretively sold, its dismantling soon to commence, was like finding out one of your very best friends was in the hospital with a few more visits still possible, but, in all, on its way out with not long to live. Did the announcement maybe explain some previous recent manifestations of sickliness, a flutter in the library's heartbeat, as the NYPL administrators secretly withdrew resources, preparing to move Donnell to the terminal ward?

Besides the promise of a prompt restoration, much else that library administrators told the public when the Donnell sale was announced wasn’t true.

They said that Donnell would remain open for a year after the announcement, but it was closed only months later in the spring, virtually all its books banished.  (Because the library still retained a very few books on site for a while the NYPL obfuscates that the library didn’t officially finally close until the very end of "August.")
Books from Donnell headed elsewhere
The title of the November 2007 NYPL press release reads: “New York Public Library to Rebuild outdated Donnell Library Branch.”“Rebuild,” of course, implies that an equivalent library of the same size would be built, and the text of the press release contained no contradicting reference for the unaware about how the library was being shrunk.  Additionally, only a very careful reading of the New York Times coverage by an already informed individual would have allowed that reader to decipher intimations about the shrinkage.

When the sale was announced, the NYPL told the public that the buyer would build “an 11-story hotel building” on the site.  In truth, as later disclosed, the people involved in the negotiations for the property, including Jared Kushner, clearly envisioned something bigger, and a 50-story building was built instead.

The NYPL press release and Times reporting both asserted that “The Library will receive $59 million in cash” from the sale, without noting that. more importantly, the net amount obtained would be far less than only $33 million. . . Far less than only $33 million.for a 97,000 square foot library that had undergone substantial recent renovation at public expense?  The 7,381 square foot penthouse with the private library went on the market for $60 million. Another single lower level condo unit in the building, 43A, sold for$20,110,437.50.  There is also a 114 guest room luxury hotel in the tower and earlier this year Chinese investors made that hotel, according to the Wall Street Journal, "the most highly valued hotel in the U.S." after agreeing to buy it for "more than $230 million. . .  .more than $2 million a room."

What was being downplayed overall was how much this was not a deal intended to benefit the public, only one that was intended to hand off property to the wealthy.

There is the expression: “First in time, first in right.”  The completion of all the luxury components at the former Donnell library site so far ahead of any public elements suggests the appropriateness of flipping this to: “First in right, first in time.”

We have often, through history, spoken of the “prerogatives” of wealth, the “pre” in that word meaning before and getting to say (and get) what you want first.

That seems to be the way it is playing out here.

The restaurant on the site, Chevalier, looks very nice (the New York Times review says“it's pretty, but . . . looks like a movie director's idea of a restaurant for rich people” - “it’s a place where Bruce Wayne would have dinner”) and for those who can afford it, from the dinner menu, you can get a three course meal for $96, sides an additional $12 each.  You’ll probably want to have some wine as well because “Executive Chef Shea Gallante is available to work closely with each guest to create a unique, customized tasting menu complemented by a carefully chosen wine pairing.”  A review from “at the Sign of the Pink Pig” says “This is another wine-list which is unrelenting in its proffer of three-figure special occasion bottles.. . . Yes, it's very expensive: $200 per person is easily achieved, even with relatively modest wine, and I exceeded that.”

Customizing the menu and "wine pairing" assistance from the "Chef Shea Galiante"
With seating in the main area for 80 to 85 people, plus a 14-person Chef’s Table, and bar seating 15 they obvious have hopes to rake in a considerable sum.

Baccarat publicity photo
Chevalier is not the only restaurant in the luxury hotel and condo building. The hotel’s Grand Salon with “coyote” pelt upholstered chairs (yes indeed “coyote”skins!) charges more for its wine according to the New York Post review, an easy “$151.30 . . .  for lunch for two,” the Post commenting that the Salon: “targets the serious wastrels - -Eurotrash, oligarch wannabes, and hedge-funders and their dates.”
Even covered up by a cheery over-promising sign, you can see above how little work is in place for the "replacement" library.
With everything else complete and up and running so long ago, why is it taking so long to complete the public's library, if it’s not complete indifference?  It could be that the NYPL wants to minimize cost overruns.  Homeowners who have handled their own renovations likely have faced this trade-off: Being strict and on top of things with your contractors about price control, you are more likely to face delays, while, conversely, pushing to stay on schedule you are more likely to generate overruns.  The NYPL already admitted early on to facing $1 million in overruns in constructing its new version of a library.


But schedule delays have their cost too. Scott Sherman’s new book“Patience and Fortitude- Power, Real Estate, and the Fight to Save a Public Library” about the NYPL's recent ventures in transforming its main Manhattan libraries into real estate deals revealed that the NYPL is paying a lot, every year, in rent for the temporary library replacing Donnell, the lease signed called for $850,000 for the first year (with possible increases thereafter).  So an extra year’s construction could cost an extra $1 million or so in rent . .
. . .  Remember the figure above that the NYPL netted considerably less than $33 million?  That’s the $59 million gross cash price received, minus $21 million to construct the new library, minus also the $5 million spent to outfit the temporary replacement library, equaling $33 million. . .  But from that $33 million must be subtracted each year of rent plus millions the NYPL has paid to consultants and PR firms to promulgate the idea that the very bad idea of selling this library was a good one.  What does that leave?: Maybe $25 million?
Design for NYPL's 53rd Street "replacement" library on left, apparently cribbed from design for "bookless" Japaneses library, upper right and looking a lot like the design for the Prada Flagship store, lower right.  - Click to enlarge

Another possible reason things are going slowly?: Library administration officials fear that the new library with its rather odd design that has nothing in common with the old Donnell will be unpopular with the public, especially a public that can remember back, and those officials may not be that eager to have the library come on line while other library sale and shrinkage plans are in the works or being conjured up.  The are indications that to avoid comparisons the NYPL may, in the future, be calling this the "53rd Street Library,"not Donnell.
Both designed by Francis Keally: On left Grand Army Plaza which would become more cramped with sale of central destination Brooklyn Library on right.
Yes, there are, indeed, other library sales for redevelopment planned like the one that the City Planning Commission voted on Monday, involving the proposed drastic shrinkage of another major destination library, this time the Brooklyn Heights Library in Downtown Brooklyn.  It's Brooklyn's second largest library, designed, like a book-end, by Fracis Keally who also designed Brooklyn's other central destination library at Gran Army Plaza. Once again the library is proposed to be shrunk to about a third of its original size even though it was just enlarged and fully upgraded in 1993.  Once again a “partnership” benefitting a private developer will produce a luxury tower at the site.

Once again the public is being short-changed as a library worth $120+ million is being sold to net considerably less than the $40 million the BPL says it will get.  The BPL says it will cost $10 to $12 million to outfit its new library so it will net $40 million by selling the Downtown Brooklyn for a gross sale price of $52 million.  But it actually would come out to considerably less if the BPL does the math they refuse to do.  Based on Donnell’s figures it should cost closer to $17 million to outfit the (still undesigned) library, plus the BPL refuses to reckon the cost of moving and keeping books off-site or transferring Business, Career and Education functions to the Grand Army Plaza library where no additional space will accommodate them (there is no design for that either) but resulting construction will still be necessary.

That this new deal so exactly replicates the Donnell deal should not be a surprise.  It was planned at exactly the same time and while David Offensend, the NYPL’s Chief Operating Officer, was implementing the sale of Donnell to be followed by other planned library sales, his wife, Janet Offensend, materialized as a trustee on the board of the Brooklyn Public Library involved in implementing this sale and shrinkage and an overall “real estate strategy” to similarly “leverage” all the BPL's library real estate.
The Donnell library was a five-story 97,000 square foot library, much of which had been recently renovated at public expense, with a state of the art media center,a new teen center and an auditorium that hosted valuable public forum and things like regular jazz performances.
What was different about this last Monday when the City Planning Commission voted, is that this was the first time the City Planning Commission ever voted to back such an absurd transaction thus setting a precedent of public approval for future sales.  Public libraries in New York City, run by “charitable” 501(c)(3) organizations, are almost all are owned by the City of New York and, under a City Charter provision intended for safeguarding public property, a section in something known as ULURP (Uniform Land Use Review Procedure), such property cannot be sold to be turned into luxury towers, without public approval.  That's the reason the City Planning Commission voted on the sale of the Brooklyn Heights Library.  By contrast, the Donnell Library was owned by the NYPL itself, not the city, and thus was one of a few rare exceptions to the ULURP requirement, which the NYPL took advantage of when rushing to secretly sell it.
Above, New York City Planning Commissioner which voted to approve the sale and shrinkage of the Brooklyn Heights Library, just like Donnell, and whose chair indicates would be inclined to similarly approve sale of NYC public schools for redevelopment inserted into private towers.
The irony is that, while virtually everyone now acknowledges that the sale of Donnell has been an inexcusable debacle that should never have occurred, the City Planning Commission, eyes fully open, voted to approve this replication of the Donnell sale, thus setting a precedent for the sale of all New York City’s libraries. . .

. . .  And based on remarks made by the City Planning Chair Carl Weisbrod at the public hearing, he apparently considers it a precedent for similarly selling off New York City public schools for private partnership redevelopments.  If that happens, just remember who comes first in these private-public partnerships.
City Planning Commissioner Cheryl Cohen Effron who voted for the sale and shrinkage of the Brooklyn Heights Library and who at the Revson Foundation and in other ways has supported and worked with those recommending sale and shrinkage of the NYC libraries like Donnell and Brooklyn Heights.  Part of "power couple," her husband Blair is an investment banker.
Here is one note of hope: The sale of the Brooklyn Heights central destination downtown library still cannot go through without City Council approval.  The first step in that approval is expected to be a November 18, 2015 hearing before the City Council's Land Use subcommittee on dispositions in the City Hall Council Chambers at 1:00 PM.

Citizens Defending Libraries, of which I am a co-founder, is fighting against the sale of these and other city libraries.  You can contact Citizens Defending Libraries to join in the fight and it will also certainly also help if you and everyone you know signs Citizens Defending Libraries’ most recent petition:


Mayor de Blasio: Rescue Our Libraries from Developer Destruction:   We demand that Mayor de Blasio, all responsible elected officials, rescue our libraries from the sales, shrinkage, defunding and elimination of books and librarians undertaken by the prior administration to benefit real estate developers, not the public. Selling irreplaceable public assets at a time of increased use and city wealth is unjust, shortsighted, and harmful to our prosperity. These plans that undermine democracy, decrease opportunity, and escalate economic and political inequality, should be rejected by those we have elected to pursue better, more equitable, policies.

Baccarat on right, the MoMA Museum tower that got special pushing-the-envelope special tax benefit and perhaps helped inspire the Baccarat on left
PS:  Has the Brooklyn library sale been window-dressed, as is par for de blasio's course these days, with some "poor-door" so-called "affordable" housing units in another school district more than a mile away, entitling the developer to a larger building, only five of those units in a really affordable range being large enough for families (even as de Balsio is shedding 14,000 NYCHA, truly affordable units?  Yes, quite indefensibly.

As for the other ostensible `difference' between the Donnell and Brooklyn Heights sales, that library administration officials can terminate the transaction with the Brooklyn Developer if the transaction isn't proceeding fast enough?:  It's not a difference, because the Donnell deal could have been terminated by COO David Offensend on essentially that basis and he simply didn't do so when he had the chance.

Do Conflicts of Interest Steer the New York City Planning Commission? The Answer Is “Yes” When It Comes To Selling/Shrinking Public libraries (Unless You Don’t Want to Call Them “Conflicts of Interest”)- Implication For Protecting The Public

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Over 2,000 completed testimony forms opposing sale and shrinkage of the library and collected in just over two weeks
On September 22, 2015 the City Planning Commission was taking oral testimony about whether to approve a proposal to sell very cheaply Brooklyn’s second largest central destination library, located in Downtown Brooklyn, the recently expanded and fully upgraded Brooklyn Heights Library.  Citizens Defending Libraries (of which I am a co-founder) delivered over 2,000 completed testimony forms collected in just over two weeks at the end of the summer opposing the sale and drastic shrinkage of the library. Confronted with twenty-two reasons not to sell the library, most members of the public submitting the testimony cited the more than half of those reasons not to sell the library, the majority citing all of them. . . . . .   

Notwithstanding, on November 2, 2015, ten City Planning Commissioners voted unanimously to sell and drastically shrink the library, pulling in very little money for the city in return for that sale.
Click to enlarge: Twenty-two reasons that most of the more than 2,000 people delivering testimony against the library sale thought were good reasond NOT to sell the library
What explains why not one of these commissioners sided with the express, nearly universal sentiment on the part of the public?
The New York City Planning Commission at the September 22, 2015 hearing
The lock-step lineup of commissioners also voted 180 degrees contrary to the recommendation Brooklyn Borough President Eric Adams made against selling and shrinking the library.  Moreover, the commissioners knew that Citizens Defending Libraries also has, with its two petitions, well over 25,000 signature opposing such sale, shrinkage and underfunding of libraries.  The commissioners rejected and failed to take to heart the common sense, some would say conservatively-based advice of Nicole Gelinas of the Manhattan Institute, who directed an appeal to them in her New York Post column before their decision about how we are depriving “future generations” : NY libraries shouldn't be selling land - especially to build `affordable housing', By Nicole Gelinas, October 18, 2015.- See also her radio segment on the subject.

About the only conceivable explanation for the commissioners being so out-of-sync is that, pretty much across the board, the City Planning Commissioners have interests very different from the rest of the public’s. . .

. . . Two commissioners currently in office actually didn’t vote (there are twelve commissioners now holding office): The two were recused from the vote because they were acknowledged to be directly involved in the proposed library sale and shrinkage under consideration.

One commissioner recused was, Joseph Douek.  He is one of the trustees of the Brooklyn Public Library, one of the co-applicants proposing to convert the library into a real estate deal and also was on the board of another co-applicant, the NYC Economic Development Corporation (EDC), while the proposed sell-off was formulated.

The other commissioner recused was Michelle de la Uz.  Her position on the commission is as an appointee of the Public Advocate (appointed by de Blasio when he held the position). The Public Advocate's job is to be an elected watchdog for the public interest.  In another capacity Ms. de la Uz heads the Fifth Avenue Committee in which role Ms. de la Uz has already been advocating for the sale and shrinkage of this library and also pursuing a number of other Brooklyn Public Library real estate deals like Sunset Park, Clinton Hill (requires accompanying upzoning), Red Hook and finally turning the Sunset Park Library into a multi-use development.  Supposedly Commissioner de la Uz’s Sunset Park Library   redevelopment will be moved to the head of the list for city funding if the Brooklyn Heights Library is sold.

But what of the other ten commissioners who did vote?  Whatever causes their point of view to diverge so significantly from what the public wants, they say it is not a conflict of interest and they say there was no similar need for any other of them to to similarly recuse themselves.  We know this because Citizens Defending Libraries raised the issue of the likely need of seven more commissioners to recuse themselves, noting how those seven commissioners were respectively, in various ways, involved professionally with businesses, entities, and individuals in selling off the libraries.
CPC Chair Carl Weisbrod
Firmly rejecting the notion that any other commissioner might have to recuse themselves by reason of a conflict of interest the commission’s Chair Carl Weisbrod observed of the various professional entanglements (refereed to by him as their“essential . . . broad exposure to the business realms and civic realms of city life”) we “clearly would not want a commission of cloistered monks.”

Whether the commissioners have been living like “cloistered monks” or not, the question is whether the vote of all ten of the commissioners, each and every one of them under the circumstances and taking their associations into account, could be interpreted as independently exercised votes of conscience rather than reflecting a desire to please those in the real estate industry.

Having conflicts of interest is inherently awkward, but having a conflict of interest doesn’t make you a bad person.  What makes someone a bad person is having a conflict of interest and letting that conflict of interest determine an outcome.  A shade of nuance over from this is having a conflict of interest and, because you believe that you can still exercise your best judgement, voting or exercising discretion in a position of trust despite that conflict.  If you then vote in accordance with how that conflict might sway you (rather than the reverse) even if you think you are exercising your best judgment, you then have an appearance of impropriety, difficult to explain away.

If your standard is that you should avoid the appearance of improprieties (and that’s the standard most would advise) and you have many conflicts that can create such appearances then you may not be a bad person, but the question is whether you are holding a position it is not good for you to hold, whether it would be better for another, less conflicted person, to hold that position instead. . .

. . . With the world of New York real estate (especially the huge projects and major decisions regularly coming before City Planning) being such a small world of big monopolies, mostly a few, often family-based organizations, it is not surprising that commissioners who are `broadly’ involved in that world and not living like “cloistered monks” would face overlaps of involvement worth looking at.

Along these lines, the Citizens Defending Libraries press release announcing that it was raising the conflicts of interest issue noted:
The perhaps startling number of commissioners asked to recuse themselves can be accounted for by a number of things deserving public attention: Because so many of the New York City Planning Commission commissioners are deeply enmeshed in their own private real estate careers, the ubiquity of Forest City Ratner as a developer, and lastly because all of New York City's many libraries have now become an attractive target for transformation into real estate deals.
The reference to Forest City Ratner is because four of the commissioners had identifiable business interactions with Forest City Ratner and the commissioners were voting to approve the amendment of an agreement with Forest City Ratner (incidentally allowing for the wiping out of a public park and open space with many trees) whereby the transfer development rights could transferred through Forest City Ratner’s property.

Aside from the recused commissioners de la Uz and Douek, three other of the commissioners had connections to library sale transactions, one of them being Chair Weisbrod because of the involvement of the Episcopal Diocese of New York in real estate matters relating to the sale of New York City Libraries.
Commissioner Cheryl Cohen Effron, a particularly interesting case when it comes to conflicts of interest and selling off libraries
When it come to selling libraries Commissioner Cheryl Cohen Effron was a particularly interesting case because she (and I am stealing language liberally from the press release) has multiple relationships with many of the people involved in promoting the sale of New York City libraries.  That includes working directly with Linda Johnson, president of the BPL, one of the co-applicants to sell and shrink the library.  It also includes being on the board of the Revson Foundation formulating policy with Sharon Greenberger, the former Chief of Staff to Daniel Doctoroff, Deputy Mayor for Development for the Bloomberg administration who as a BPL trustee worked with Janet Offensend to structure this and other library sale transactions.  Her involvement with promoting the sale and shrinkage of libraries in a surprising variety and number of ways is extensively set forth in this open letter to her from Citizens Defending Libraries before the commission's vote: Friday, October 30, 2015, Open Letter To NYC Planning Commissioner Cheryl Cohen Effron Respecting Her Vote About Selling & Shrinking the Brooklyn Heights Library, Other Libraries The Revson Foundation, Center for an Urban Future, And More 

Among other things, the Revson Foundation granted money to the Sunset Park Library real estate transaction tied in with this one, a reason Commissioner de la Uz has already recused.  The Revson Foundation has also given money to a number of other organizations promoting NYC library sales, including the Center for an Urban Future whose representatives testified more than once during these proceedings that the Brooklyn Heights Library (and others) should be sold based on reports the center did funded by the Revson Foundation.  Effron has been simultaneously involved on the "Benefit Committees" for Center for an Urban Future galas (for at least two years) working with David Offensend who, as COO of the NYPL sold the Donnell Library while his wife Janet was involved as BPL trustee structuring the nearly identical proposed Brooklyn Heights Library sale.
On left the David Offensend deal, the luxury tower replacing the  Donnell library. On right, the Janet Offensend deal, a luxury tower to replace the Brooklyn Heights Library replicating the Donnell deal.
The debacle of selling the Donnell Library, still infamous, was alluded to several times by the commissioners during the hearing as a generally acknowledged mistake (although the Revson funded Center For An Urban Future endorses it as model).  We have now passed the 8th anniversary of its sudden, secretive sale: The luxury hotel, condominium tower and restaurants the lucky developers to whom the property was handed got to build were up and running last March, but the tiny, underground, shrunken mostly bookless library to `replace’ the once grand Donnell is still nowhere in sight.

David Offensend was also working to sell the Mid-Manhattan Library and Science, Industry and Business Library as part of the Central Library Plan.  That’s the same plan predicated on removing 3 million books from the research stacks of the 42nd Street Central Reference Library and sending them to New Jersey, something hurriedly done before Bloomberg left office so that we are still trying get them brought back.

Commissioner Effron was not recused from the vote and voted just the way one would expect her to given all these previous efforts   Explanations for why none of the commissioners, including Commissioner Effron, recused themselves were offered in general terms so pinpointing what exact reasoning applied to each respective commissioner is difficult.  From what was offered it seems that, in the case the of Ms. Effron, the idea seemed to be that she didn’t have a conflict of interest because Sharon Greenberger, working with her the board of the Revson Foundation to set policy and provide funds to organizations promoting library sales, including the Center For an Urban Future, and former hedge funder David Offensend, working with her on the fund-raising galas for the Center For an Urban Future, were considered just “acquaintances.”  Chair Weisbrod suggested that to “just know” someone or have inconsequential dealings with them was not a concern. The Commission Counsel, Anita Laremont, opined for the board that“incidental business relationships” don’t create conflicts while Weisbrod similarly said that just to have “dealings with” someone doesn’t create a conflict.

What was perhaps intended by Chair Weisbrod to be the coup-de-grace in dismissing any idea that Ms. Effron could have a conflict of interest was that her long record of involvement with those pushing for these library transactions together with any of Commissioner Effron’s own committed involvements in promoting such library sales and shrinkage as Donnell, the Brooklyn Heights Library and the NYPL Central Library Plan, were “charitable.”  Mr. Weisbrod, reading from his prepared statement, referred to board member involvement in “charitable efforts to assist libraries.”

The Revson Foundation is a charity.  The Center for Urban Future is non-profit.  Spaceworks, receiving funding from Revson with a principle purpose (albeit with a real estate oriented bent) of shrinking and privatizing NYC public library space as “underutilized” is technically non-profit, Urban Librarians Unite, advocating for library sales is a non-profit and receiving funds from Revson is a non-profit.

Ms. Effron“has served on more than twenty boards”- That’s from Ms. Effron’s bio on the website of the Municipal Art Society introducing her as “as a New York-based real estate developer specializing in the revitalization of warehouses into multi-tenant manufacturing centers” from when she was a speaker at a“summit” in 2011.

Although BPL president Linda Johnson, who when she arrived at the BPL in 2010, the year before, told her board that the real estate plans were her priority, was also a speaker at the summit that should not be held against Ms. Effron because the speakers in 2011 were many and far ranging. Nonetheless, the Municipal Art Society has also been devoting it resources to the promotion of this and other library sales.  Worse, it stands as a prime example of how a charitable organization’s charted course can be commandeered and reversed.  As Noticing New York has covered before, the Municipal Art Society, once a bulwark for the public interest has started backing developments it once helped direct excoriating criticism at, handing out two awards for Ratner’s Atlantic Yards (once the “poster child” for bad development) and an award to the man who was viewed as having bollixed it up, Sharon Greenberger’s former boss and Bloomberg Deputy Mayor for Development, Daniel Doctoroff.

That a once powerful organization that could be depended upon to critique the excesses of the real estate industry has now, instead, been moved into the category of cheerleader (only occasional deference to its ostensible purposes still paid) must be extremely valuable to the real estate industry, “Better than money in the bank” to use an expression.

Sounds like a joke, but true story-  Two hedgefunders sit in a Mid-town Manhattan Starbucks.  “So what’s up?” says the first.  “I don’t know,” says the second sounding somewhat put upon, “They’re wanting us now all to get on the boards of 501(c)(3)s.”  

Why when you look at the LinkedIn profile for a young ambitions professional, a salesman/consultant/PR type always playing the angles, do you see the vaguely expressed objective of “getting on the board of a charity”?  Just any kind of “charity”?

With the percentage of nonprofit board members coming from the finance industry reportedly doubling since 1989, the increasing dominance of Wall Street financiers on charitable boards is raising concerns about how those institutions set their goals.

Charities should not always be presumed to be doing good in this world.  Forest City Ratner created “charities,” non-profits to promote Forest City Ratner's very much for-profit Atlantic Yards project.  With financial assists Ratner also induced existing charities to veer into the course of supporting his project, putting them at odds with the broader community opposition that soon arose.  Then Ratner essentially used one of the non-profits he created to run a candidate (Delia Hunley-Adossa) for City Council against Tish James, the City Council Member who was leading strong opposition to his mega-monopoly project.

Charities should not always be presumed to be doing good in this world, but the presumption that they are doing good can be like putting on a suit of armor for those from the business world who have other motivations.

In a May 30, 2015 New York Times Sunday Review Op-Ed, "Who Will Watch the Charities?," by David Callahan, founder and editor of Inside Philanthropy, says"(W)e should end the charade that all philanthropy is somehow charitable," and gives multiple examples of why.

There are, of course, requirements under state law that the purposes of charities be truly charitable.  There are levels of regulation under the federal tax code intended to enforce concepts along those lines which the IRS is supposed to enforce.  State law is most often supposed to be enforced by the State Attorney General, (currently in New York State: Eric Schneiderman) but that is a political position, subject to the same sway of big money as may subvert the purposes of charities.  In all, there is much deference paid to the judgement of the supposedly charitable boards even when the decisions they make are suspect or bad.

Whether conclusive or not, that activities are denoted as “charitable” goes a long way to negate an inference of “financial gain” being sought.  The City Planning Commission concluded that, apparently largely because they were describing them under the rubric of  “charitable,” Commissioner Effron’s deep and repeated involvements with those shrinking libraries were not conflicts because, as such, she would not be considered to be using “her position to obtain a financial gain, contract, privilege or other private or personal advantage, direct or indirect for . .  herself or for any person or firm with whom he or her is associated.”

In fact, in presenting how involved Commission Effron has been with promotion of library real estate deals Citizens Defending Libraries did not trace through any of her involvements to “financial gain” or attempt to say specifically whether she was receiving other “private or personal advantage, direct or indirect for . .  herself or for any person or firm with whom he or her is associated.”
The Effrons described by Muckety as a “power couple,”
Commissioner Effron is described by Muckety as one half of a “power couple,” her husband being Blair W. Effron, co-founder of New York based Centerview Partners, an investment banking firm based in New York City with offices in London, Los Angeles and San Francisco.

According to its website since its 2006 founding Centerview has:
advised on over $1 trillion of transactions. Our clients include over 20% of the 50 largest companies in the world by market capitalization, and we have been involved in many of the largest and most complex corporate situations and transactions.
The subject of conflicts of interest can be confusing and baffling in the challenge of its analysis, especially when one realizes that conflicts don’t necessarily have to manifest themselves in bilateral quid pro quos.

For instance, conflict can involve three-way exchanges.  When former Connecticut Governor John G. Rowland resigned in scandal one of the things that brought him down was the purchase from the governor of a “pied-à-terre” condominium unit at an apparently inflated price by an antiques dealer.  The antiques dealer, a Mr. Pratt, didn’t have any business dealings with Governor Roland and wasn’t trying to get any benefits for himself, but“Mr. Pratt's frequent business partner and closest friend” was Robert V. Matthews, whose companies “received $8.7 million in rent and $4.8 million in loans and loan guarantees during Mr. Rowland's tenure.”

Another example of how confusing things can be: Harvard Law School professor Lawrence Lessig, who (together with others such as Zephyr Teachout) writes about the problem of what money in politics buys at the expense of public good, has been making it clear that the corruption of money in politics should not be considered just the kind of particularized quid pro quos that the Roberts Supreme Court is trying to narrow things down to “a contribution” to a government official or candidate “in exchange for his agreeing to do a particular act within his official duties.”  It is instead a more systemic problem involving generalized understandings about how the interests of wealthy players will be served ahead of those of the general public.

This gets into questions of what the law is, or may be interpreted to be, versus what it should.be. . . .  Or as the refrain goes: “The crime is what’s actually legal!”  (At least when certain people are writing the rules.)

Thus part of the defense being mounted for former NYS Assembly Speaker Sheldon Silver against his criminal prosecution for corruption is that while there may be more or less broad belief on the part of the public that Albany is corrupt, and while what goes on there, even exactly what Silver was doing may make people “uncomfortable” it is not against the law because Silver successfully side-stepped leaving evidence of a technical ”quid pro quo.”

In his opening statements in Silver's criminal trial Silver’s defense attorney Steven Molo said of Silver and his the huge payments he was taking as alleged kickbacks (per the Observer):
. .  the government simply disapproved of the entirely legal fact that Mr. Silver and other state lawmakers can hold outside employment and, instead of trying to change such laws—which he said will present “inherent conflicts of interest”—the government was “leveling false criminal charges against one of the senior legislative officers, senior government officials in this state.”

 “It makes some people uncomfortable, but that is the system New York State has chosen, and it is not a crime,” Mr. Molo said. “The prosecutors are trying to make it a crime, but it’s not.”
A New York Post editorial chose to quote Mr. Molo on another aspect of the defense, everybody does it:
"It's impossible, absolutely impossible," argued defense lawyer Steven Molo, "for a member of the Assembly to .?.?. do the job that a person in the Assembly does and not have some sort of conflict of interest.
   
"That may make you uncomfortable," he added, "but that is the system New York has chosen, and it is not a crime."
That’s not exactly a you can’t be a “cloistered monk” defense, but it has an echo of it.

It’s worth remembering that Sheldon Silver, and similarly charged Republican Senate leader Dean Skelos also, may not be convicted.

The key to what’s actually kosher, or what ought to be, is what Sheldon Silver sought to conceal.  So, last Monday, testimony was taken from a staff member on the Assembly Ways and Means Committee about how budget reports were adjusted to conceal Speaker Silver’s involvement with“discretionary funding that Sheldon Silver had allocated to items of his own choosing.” 

It is worth noting that during the oral testimony hearing about the library sale, Commissioner Effron was conspicuous in her non-disclosure of her relationship with the Center for an Urban Future when eliciting testimony from its representative.

The possibility of conflicts on the part of the other City Planning Directors don’t involve charities.  Dismissing the possibility of their importance, Chairman Weisbrod said that they in some cases involved  “really ancient dealings.”  CPC Council Anita Laremont stated “Past business relationship is irrelevant. . . . Acquaintances, past business dealing, or incidental business relationships do not meet [the definition of conflict of interest].”

Not much of what was raised for the commission to consider about conflict of interest was all that“ancient,” except for one past involvement of Chair Weisbrod himself: Chair Weisbrod was the former head of the NYC Economic Development Corporation when the Ratner agreement about development of the property, then sought to be amended, was put in place for the adjacent Ratner building completed in 1986.  As for the real estate deals involving the Episcopal Diocese of New York and its pension funds purchase of a portion of the NYPL’s SIBL at 34th Street, the deal's inception looks like it goes back to 2007, but in 2012 there was a significant transfer of real estate, followed with a number of other transactions, some quite recent, and it looks quite likely that negotiations still continue respecting future possibilities.

While certain dealings could maybe be characterized as "ancient" the conflicts of interest law sometimes has a long memory with a “lifetime bar” (albeit narrowly construed) applying to city officials and employees ever working on the “same transaction” for someone else in the future.  While this “revolving door” prohibition invokes an elephant's memory standard, there isn’t a reverse counterpart that prohibits someone implementing a transaction for a private party then going into government and continuing to implement it further or consummate it there.

As for Chair Weisbrod’s previous involvement with the Ratner deal at EDC: Although not cited, he might have been able to excuse himself from a “lifetime” bar with respect to it by arguing that he was, at the CPC, once again working for government, not the private sector, so the bar should not apply.

A review of most of the other overlapping professional relationships of the commissioners show they involve more contemporaneous and/or possibly recurring situations.

For instance, Commissioner Orlando Marín has a professional association with the Bluestone Organization.  The Hudson Companies is the developer applicant wanting to buy and shrink the library.  Bluestone is a partner with the The Hudson Companies in another Brooklyn project, Gowanus Green.

Orlando Marín
Mr. Marín did not recuse himself, reportedly because he is not now with the Bluestone organization.  But when Bluestone was called up by someone seeking to check this information about when Marin left Bluestone, it was Commissioner Marin who answered the phone.  The explanation is, reportedly, that he operates as a sub-contractor.  We understand that answering the phone at Bluestone Mr. Marin was not happy and somewhat defensive, complaining about being “stalked.”  But, remember, there is nothing wrong about having a conflict of interest, the question is whether someone lets that conflict determine outcomes.  Conflicts should also not be concealed.

On September 22nd, after the commission hearing where oral testimony was taken, several of us there to defend the library had to wait patiently to talk to Commissioner Marin because David Kramer, whose Hudson Companies was a co-applicant asking for the library sale, was ahead of us conversing with  Commissioner Marin about business opportunities and who they mutually knew and who was doing what.  While it cannot be said exactly that Kramer was offering Marin business we as listeners agreed that it was very easy to interpret it as having that flavor, and the conversation was certainly reminder to Marin that they were in the same club with shared interests and point of view.

Later, after one of the commissioners’ meetings (Monday, October 5, 2015) where there was a follow-up discussion about the library before the commissioners voted, CPC staff shooed me away from talking to Commissioner Cantor (whose question indicated he was uninformed about the relationship between the Donnell and Brooklyn Heights libraries, including the Offensends).  I was told it was improper for the public to be talking to the commissioners while a matter was pending.

There is a back hallway at the City Planning Commission that leads to where the commissioners can be found before and after their meetings.  It is blocked by a sign that reads “Staff Only Beyond This Point.”  After the commission’s November 2nd voted to approve sale of the library to Hudson Companies, a witness excitedly reported seeing David Kramer pass beyond that sign, disappearing down the hallway.  Sounds like he knew his way.

Should Citizens Defending Libraries have raised these questions about conflicts of interest before a vote?  With any group, and this must be supposed about the commissioners too, there is a strong psychological impulse to “circle the wagons” and band together when any of its members are in any way questioned.  And while not all the commissioners were exposed to questions about the possibility of conflicts in this instance, the possibility of other other conflict being raised in the future is huge.  A little research in connection with other matters might expose nearly all of the commissioners to many such challenges going forward.  You might say that, thinking ahead to the future, they needed to defend how principled or not they have a right to be as a matter of principle.

Citizens Defending Libraries could have waited and raised these issues after the vote, but raising them after the vote seems lame, sour-grapes, and last ditch, less like you were honestly concerned about the issue from the get-go.  The actual fact of the matter is that, given the composition of the board and its history, the board could have been expected to vote the interests of the real estate industry club to which they belong no matter what.  Raising these issues explicitly as we did in advance in a context where the public interest was so clearly contrary to what the board decided at least helps light the way for those who will be dealing with the City Planning Commission in the future.

Chair Weisbrod dismissed the need for any other commissioners to recuse themselves somewhat disdainfully, sounding admonishing as he asserted that by raising these issues Citizens Defending Libraries “demonstrate a lack of understanding as to what constitutes a conflict of interest.”  To add authority to this assertion Weisbrod said that the CPC’s Counsel, Anita Laremont had discussed the issue with the city's Conflict of Interests Board.

Is the Conflicts of Interest Board exacting and tough enough to protect the public?  Some things it does will throw a convincing scare into people.  For example: As previously written about in Noticing New York, in 2009 the Conflict of Interest Board sought to fine a librarian $1,000 because, as a proud father, he promoted and gave away free copies of his daughter's new graphic novel version of  of "Macbeth." 

At almost exactly same time, the Conflicts of Interest Board was exempting the members of charitable boards, including those on the library boards, from newly enacted disclosure rules, doing so very much against the expectations of legislators who had passed the law.  It may be said that the tough rules are for small fry, not the big fish.

In 2009, the New York Times wrote about how the Conflicts of Interest Board was likely not so reliable for discerning conflicts pertaining to Mayor Bloomberg:  City Board Set Up to Monitor Ethics May Have Conflicts of Its Own, by David W. Chen, September 6, 2009:
But even as they scrutinize the ethics of others, several board members, all five of whom were appointed by Mayor Michael R. Bloomberg, have ties to city funding and the mayor's fortune that raise questions about their own potential conflicts.

        * * * *
 
Dick Dadey, executive director of Citizens Union, a nonprofit government watchdog, said, "There may be reason to question how strongly they are monitoring the activities of senior administration officials, given that they have ruled against a number of lower-level city employees for rather minor mistakes or judgments and then appear not to be as equally fair-minded in their review of higher-level folks."
Conflicts of Interest Board bias is likely to flow from who appointed them.  The five members of the Conflicts of Interest Board are appointed by the Mayor (with the advice and consent of the City Council).  When Mayor Bloomberg first took office, the COIB, its then members appointed by his predecessor, issued restrictions to prevent Bloomberg’s continued interactions with his Bloomberg LLP. terminal sales business.  Ultimately, those restrictions were not enforced when Bloomberg ignored them and kept calling up his business to check on terminal sales (mostly with companies doing business with the city).  The board that was not enforcing the restrictions transitioned to one Bloomberg appointed himself.
Anthony Crowell, on the Conflicts of Ethics Board and the Brooklyn Public Library Board, appointed to both by Bloomberg.  He was Bloomberg's special counsel.
Currently, three of the five sitting COIB members were appointed by Bloomberg.  One of those three is Anthony Crowell, a trustee of the Brooklyn Public Library, and former chair of the BPL's borad of trustees as the library sales were first pursued hot and heavy.  He was appointed by Bloomberg when he was Bloomberg’s special counsel.

Does this make it sound like the club that gets to decide who can do what is altogether too small?  In 2006 the Conflicts of Interest Board was asked whether Anthony Crowell being on the (charitable) BPL board (ultimately pushing for libraries sales) at the same time he was part of the Bloomberg administration constituted a conflict of interest.  He’s still on the BPL board so you can guess what Conflicts of Interest Board decided.

No matter, it is not really clear at this point what was communicated to the Conflicts of Interest Board in the recent discussions the City Planning Commission reportedly had with them nor which of them did what in reaching the conclusions that there were no other conflicts of interest that needed to be dealt with.

Here is what the CPC’s Counsel Anita Laremont stated for the record during the meeting:
in order for there to be a conflict requiring recusal . .  there would need to be a determination that a commissioner was attempting to use his or her position to obtain a financial gain, contract, privilege or other private or personal advantage, direct or indirect for him or herself or for any person or firm with whom he or her is associated. . .  Past business relationship is irrelevant. Nothing in the various alleged relationships evidences an association of the type that would constitute a conflict or allow the conclusion that any commissioner was attempting to use his or her position for personal or financial gain or other advantage for themselves or others.  We remain unaware of any such relationship, beyond those of Commissioner de la Uz and Commissioner Douek who are both recused .
The relevant provision of the City Charter on this is Charter Section 2604 subsection 3, which prohibits public servants from using or attempting to use their city position to obtain any financial gain, contract, license, privilege or other private or personal advantage, direct or indirect for themselves or for any person or firm with whom or with which they are associated. . . Acquaintances, past business dealing, or incidental business relationships do not meet this definition.  In short, none of the claimed relationships here would require recusal for any of the named commissioners.
To be absolutely fair, although the overwhelming divergence of the commissioners' votes from what would obviously appear to be public interest cannot be readily explained without resorting to an examination of problematic ties to the real estate industry, not every one of the ten votes can necessarily be ascribed to possible conflicts of interest.
Commissioner Anna Hayes Levin, a particularly depressing vot because of Manhattan Borough President Gale Brewer.
The vote that was most depressingly troubling and not explicable in this way was that of Commissioner Anna Hayes Levin, the appointee of Manhattan Borough President Gale Brewer.

Commissioner Anna Hayes Levin has no apparent conflicts or ties to the real estate industry. Appointed by Borough President Gale Brewer, she should have been expected to vote exactly as Gale Brewer wanted so long as it was the right thing, and Commissioner Levin comes across as very smart and informed so she must have known that voting for the sale and shrinkage of the library was not the right thing to do.  During the hearing she properly raised valid, on-target concerns about what was proposed: That this was a “one-shot deal,” a lack of a proper appraisal showed that the city was not even getting the “tear-down” value of an extremely valuable asset, how there was absolutely no guarantee that any of proceeds going to the city would ultimately be spent on libraries (the “main argument” for the proposed sale), that the BPL was selling the library without even bothering to design the “replacement” shrunken library first, she expressed concern about the imbalance and burdens between development and supporting public infrastructure when our educational infrastructure, schools and libraries get such short shrift.

She firmly expressed all these appropriate concerns during the early days of the proceedings and then she did that classic government maneuver that’s always startling whenever it is pulled in these situations: The day of the vote she obliquely announced that all her “concerns had been met” leaving it a mystery how that could possibly be.

Needless to say there is probably reason to be enormously disappointed in Gale Brewer as the probable influencer of this outcome.  It does not bode well with respect to the planned sale of SIBL being talked about that results in the shrinkage of the Mid-Manhattan library when “renovated.”  Further, it is already time to acknowledge that Brewer has not been the friend to SIBL one would hope and expect.

As Brewer’s appointee Commissioner Levin should also have voted against the sale based on Commission Chair Weisbrod’s indication that the sale of this public asset could be viewed (dangerously) as setting an interchangeable precedent for something Gale Brewer recently fought while still a City Council member: Selling public schools for redevelopment, putting them in the base of towers.  Indeed, although Citizens Defending Libraries offered caution about this and all its associated problems in its testimony, less than two weeks after the commission’s vote a report ran on WNYC, sounding like it had been placed by the de Blasio administration, a trial balloon for future PF.  It told us “Mayor de Blasio says” that the public should “allow developers to build taller and, in return, get things like new schools and libraries” in the buildings.  See: Dumbo Developer Proposes Schools in New Apartment Buildings, Friday November 13, 2015.
WNYC's report: Dumbo Developer Proposes Schools in New Apartment Buildings
Ironically, reporter Janet Babin’s WYNYC report is structured around “one real estate mogul” Jed Walentas of Two Trees Management in Dumbo who is “on board” making the proposal to do this “wherever there are new apartments coming on line” and uses the example of school space being put into Walentas’ Dock Street, Walentas proclaiming it “a model of how schools should get built.”   The report makes no mention of the sordid details of how the withholding of a more appropriate school was used to blackmail the community into approving a bigger Dock Street project for Walentas that the report holds up as a desirable example.

The report, biased in terms of time allocated and otherwise, lets Walentas make a sort of too-good-to-be-true-free-lunch pitch that by allowing a “bending the zoning code” by Mayor de Blasio we’d be creating “land for free” (Really?), and that “private developers can build schools cheaper than the city” and that the city spends “way too much money” building schools.  In asserting that there will soon be a “shiny new school” in the Walentas building the report skips mention of the controversial bait and switch the community is now dealing with in that respect.

The entire WNYC report offers just one sentence that offers a different point of view to counter what it hypes, but it’s a good one.  Maggie Spillane, a member of the community education council for Brooklyn Heights says: “I think for children, where they learn matters, and I don’t know that developers whose main interest is in selling apartments, really have the interest of the school children, sort of at the forefront.”  Her on-target observation, however, is undercut by the quickly following suggestion that a developer may want a good school to help sell apartments.

Think for a moment: Isn't the reason that we need our libraries and new schools because developers have gone crazy-wild building taller all over the place already?

How can the answer is to that problem then be to build even more and even taller?  (it's like those who say the answer to guns in schools is even more guns in schools.)  What happened to providing schools and libraries the old-fashioned way keeping pace with development, no hostage taking allowed?

Besides, why are we noticing that the result of letting the private developer Hudson Companies build super-tall (400 feet) on the site of the Brooklyn Heights Library is that the `rebuilt' shrunken library the public is getting in exchange, hardly a free lunch, is actually a significant loss, just one-third the size of the library the public, no private developer in sight, recently enlarged and fully upgraded in 1993.

Why is it that Gale Brewer apparently wanted her appointee to the City Planning Commission to set a precedent to approve the sale and shrinkage of NYC city libraries, likely followed by New York City schools in deals that drastically shortchange the public?  Why would she want to be seen as retroactively blessing the inexcusable sale and shrinkage of the Donnell Library?  An answer is that she may have had a deal with de Blasio.  In the larger scheme of things, that's OK, not a conflict of interest, if Borough President Brewer made a good trade, one that actually benefitted the public.  Horse trading and deal making is the basis for much of the way that government and politics operate.

But why would de Blasio want to be selling off and shrinking libraries, something he decried as he ran for mayor saying: 
It's public land and public facilities and public value under threat. . . and once again we see, lurking right behind the curtain, real estate developers who are very anxious to get their hands on these valuable properties
The answer is that, shortly after saying this, de Blasio was taking money from the real estate development team looking to acquire the Brooklyn Heights Library while their application was spending.  Money in politics is not the kind of possibly prohibited conflict of interest we have mostly been talking about here, but in the big picture, money in politics represents interests that conflict with those of the public.

Reade Street, above the door when you enter City Planning Commission premises
The vote of the city Planing commissioners occurred at 22 Reade Street.  That’s sadly ironic because the commissioners voted to greatly curtail and take away space for New Yorkers to read. . .

. . .  Another irony: The Monday the commissioners voted to shrink library space the New York Times ran a front page story about how the troubling shortage of New York City library space often means that needs are not being fulfilled.  The article said that surging “demand for story time  . .   has posed logistical challenges” for NYC libraries “particularly those in small or cramped buildings.”  See: New York Times:  Long Line at the Library? It's Story Time Again, by Winnie Hu, November 1, 2015.
Citizens Defending Libraries tweet of New York Times story about inadequate library space.
You can't make this stuff up!

The City Planning Commission would have you believe that there were no conflicts that should have required any of the other commissioners to recuse themselves, a sort of `Move along folks, nothing to see here' kind of thing.  It's flabbergasting that, even by the very narrow constraints according to which the CPC would like to define and admit to conflicts that their answer is that there absolutely weren't any more conflicts at all to be recognized (or even asked about).  Beyond this, there is the bigger picture question of what is allowed to drive the planning commission and what the public would likely sense ought to be considered a conflict with an appropriate writing and interpretation of law.  That kind of analysis would likely call for more recusals in this instance and probably for a different, stricter approach to selecting who should serve on the commission in the first place.

Thankfully the City Planning Commission speaking for the real estate industry doesn't have the last say.  Whether the Brooklyn Heights Library should be sold and shrunk will now proceed to the New York City Council will confront the issue of setting this formidable precedent. Its first hearing will be 1:00 PM this Wednesday, November 18th in the Council Chambers at City Hall. The City Council is a body of elected officials.  There Stephen Levin, the elected City Councilman in whose district the City Council is in, will have a substantial say about the outcome.  At a previous hearing Mr. Levin said that "95%" of his constituents are opposed to this sale, that he wasn't able to walk "ten feet in district" without hearing about this issue and that it was the "#1 issue" when he was re-elected. . .

. . .  We'll see how this plays out.

Op-Ed: City Council Poised To Vote On City-wide Model For Library Sales and Shrinkage

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The Brooklyn Heights Library, Brooklyn's central destination library in Downtown Brooklyn. Recently expanded and fully upgraded it is two-stories (about 38,000 square feet) above ground and two half-floors with books at the ready underground 
Major things are happening in New York’s City Council with a vote of the full Council expected December 16th.  . . .

. . .  Last month Brooklyn Public Library President Linda Johnson testified that the sale and shrinkage of Brooklyn’s downtown central destination library, the Brooklyn Heights Library, the second biggest library in Brooklyn, was being looked at as a model for deals being worked on by ALL THREE library systems in New York, the BPL, the NYPL and now the Queens Library.

This sweet deal for a developer who will build a luxury tower tucking in a drastically shrunken “replacement” library at the bottom, is far from a desirable model for the future of our libraries.  And, the proposed sale of the Brooklyn Heights Library isn’t, actually,  the original model for all this; the sale of the Donnell Library, conceived at the same time and executed first is the first prototype.  The proposed sale of the Brooklyn Heights Library nonetheless charts an unprecedented course in that this is the first time the City Council must vote to approve such a transaction, a test of the council’s mettle.

The sudden, secretively arranged sale of Donnell was announced November of 2007.  The five-story 97,000 square foot library standing on 53rd Street across from MoMA was sold at the height of the real estate bubble to net the New York Public Library probably less than $25 million.  Between Fifth and Sixth avenues, Donnell was on what was documented to be the most valuable block in Manhattan.  The 7,381 square foot penthouse in the 50-story luxury tower replacing it is on the market for $60 million.  Other apartments in the building are selling for more than $20+ million.

We’ve just passed the 8th anniversary of Donnell’s sale announcement.  The priorities here?: Last March, the luxury condominium tower, luxury hotel (for which Chinese investors paid a record-setting $130 million) and luxury restaurants were open, but the planned “replacement” for the library at the site, less than one-third size (28,000 square feet), mostly underground and largely bookless, is nowhere in sight.  It’s new perpetually postponed completion date is now stated by the NYPL to be “Summer 2016.” .  .

. . . While you continue to wait you can dine in one of the luxury restaurants seated on chairs upholstered with coyote pelts.

The beloved Donnell was a central destination library, much of it recently renovated with public money. It had a state-of-the-art media center and a new teen center.

The Brooklyn Heights Library is similarly a central destination library with a special focus on its Business, Career and Education division.  Its location in Downtown Brooklyn at a key transit hub where it’s the most accessible library for a huge number of New Yorkers and Brooklynites.  Its full upgrade in 1993 means it’s one of Brooklyn’s most up-to-date libraries and best in terms of computer support.

Even if the BPL proposed a full scale replacement library it would be a problem, because, stuck at the bottom of a privately owned residential building, the library could never thereafter be enlarged.  This library was substantially enlarged when it was fully upgraded in 1993 so surely it’s a mistake to shrink it now, an uncorrectable one at that.  This research library is one of the highest circulation libraries in the system, in the center of a fast growing business district, neighborhood, borough and city.  Library use is up 40% programmatically and 59% in terms of circulation, most of that being physical books.  The BPL plans to banish an untold number of books, only the merest fraction to remain.

The existing library is 63,000 square feet.  Its proposed “replacement” was proposed to be a just over the 21,000 square feet specified in the developer’s contract.  Pursuant to some backroom maneuvering to push the library sale though announced just last Thursday* it's now proposed to be a slightly larger shrunken library,  42% of the size of the current one. The existing library is about 38,000 feet above ground while its proposed “replacement” would have only 15,000 square feet above ground.
(*  That backroom deal, with a lot of spending on the public's dime to push this deal through, not the developer's makes a major non-transparent raid on the budget of the Mayoral-controlled Department of Education.)
A second hugely awkward problem about considering a full-scale replacement: Selling the library for so little the BPL likely loses money.  So far its it’s costing the NYPL $21 million and counting to outfit the library that’s supposed to replace Donnell.  If it had to outfit a full-scale replacement it would have put the NYPL into an embarrassing hole.

Same thing with the proposed sale of the Brooklyn Heights Library.  The library would cost $120+ million to replace, $60 million for the construction and, additionally, the land and the public’s associated right to use it are worth more than another $60 million.

But the BPL isn’t bothering to appraise the library’s current value to the public saying that attention only need be paid to a far lower figure, what a developer will pay for the “tear-down” value of the library.  It’s like saying the value of a heirloom watch is just the puddle of gold it melts into.  Interesting: The hearings have pretty well documented that the developer (not the high bidder), giving money to de Blasio, is not even paying that far lower “tear-down” figure.  The BPL says the sale will net the city $40 million but appears intent on exaggerating the number.

Libraries, emblematically, are democratic institutions offering knowledge and opportunity to all.  They also support our democracy by providing an informed, educated electorate.  Happy coincidence: Libraries are good politics, because the public values its libraries, wanting their proper funding to be a top priority.

Will the City Council vote to approve this as a city-wide model for a retrenching program of future library sell-offs?  That would be bad for our democracy and very bad politics for the City Council.

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The author, Michael D. D. White, a co-founder of Citizens Defending Libraries, is an attorney and urban planner who held a senior policy-level position and, for more than twenty-five years, worked for the state finance and development authorities.
For more about what has been written about the City Council's vote to inaugurate approval and sale of public libraries with this proto-type (including letetr of object written by the NYC Comptroller and Public Advocate) see:
Thursday, December 10, 2015,  Links Respecting City Council land Use and Subcommittee Vote (and Steve Levin community betrayal) Respecting Proposed Sale and Shrinkage of Brooklyn Heights Library As Prototype For Future
PS (BONUS):  Here is video about the decision where you can see:
1.)  BPL President Linda Johnson saying that:
- This sale and shrinkage is a “model” for libraries throughout the city, not just future BPL transactions, but also for Queens and the NYPL
- Councilman Brad Lander (pushing for library sales and shrinkages like this one) is “very clever”
2.)  NYPL president Tony Marx“Shushing” fellow library Johnson about saying that Lander is “very clever”
3.)  Brad Lander saying about these library sale deals that developers “must make a profit.”

Will Steve Levin Save the Brooklyn Heights Library?


Seasonal Reflection: Mayor de Blasio, His Heart Squeezed Grinch-Small, Starts Gifting Stolen Libraries To Developers For The Holidays

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Mayor de Blasio becomes the Grinch arriving at Christmas to steal and shrink the public's libraries while disguised not so very credibly in a faux Santa Claus suit.
Noticing New York returns here to its now annual tradition.  It's the cusp of a new year and the winter solstice has arrived so it is once more that time when, we reflect with holiday spirit about . . .

In modern holiday tradition there is a fellow who arrives with stealth on Christmas Eve to surprise everyone as he makes the night the occasion for his mean-spirited takings.  He is that anti-Santa Clause, the Grinch, conceived by Dr. Suess.

This year our Mayor de Blasio has squeezed himself into the Grinch's faux Santa Claus costume to play that role by launching a sell-off and shrinkage of New York City Libraries with the sale and shrinkage (down to just 42%) of the Brooklyn Heights central destination library.  No doubt collapsing his 6'5" frame into such a tiny costume involved de Blasio shrinking his heart (to quote Dr. Susss) to to at least "three sizes too small," probably considerably less than 42% the size of a normal generous library-loving New Yorker's.

Mayor de Blasio's Christmas Eve launch of library sales is 180 degrees opposite to his campaign rhetoric about how we should halt the sale and shrinkage of libraries undertaken by the Bloomberg administration.  See Citizens Defending Libraries*: Sunday, December 20, 2015, PRESS RELEASE: De Blasio, reversing campaign pledge, commences selling NYC libraries delivering, in Grinch mode, huge shrinkage.
 (* Disclosure: I am a co-founder of Citizens Defending Libraries.)
When de Blasio spoke as a candidate wanting our votes there was no mistake that he was specifically including the Brooklyn Heights Library when calling for a halt to these sales and shrinkage because he mentioned it by name in his list.

In the videos linked to below you can see candidate de Blasio truthfully saying at that time:
“It’s public land and public facilities and public value under threat. . . and once again we see, lurking right behind the curtain, real estate developers who are very anxious to get their hands on these valuable properties”
Videos:
Selling Our Libraries!

Will Steve Levin Save the Brooklyn Heights Library?
What's especially frightening is how this sale and shrinkage is considered to be the first of many more library sales under de Blasio.  So Brooklyn Public Library president Linda Johnson told the City Council at its hearing about the Brooklyn Heights sale the sale is considered to be a "model" for transactions underway with respect to libraries throughout the city, not just for other libraries in her BPL system, but also for Queens and the NYPL.  Then, at the BPL trustee meeting the Tuesday before the City Council vote, the trustees applauding this sell-off and shrinkage were reminded how sale of this library was chosen as a “demonstration” for what was possible.  They were told that this was a “huge turning point for the library system” and “across the city in general” with Johnson `pioneering’ the future of libraries.

Maybe even more frightening is that this isn't actually the first library sale and shrinkage.  Though we certainly should have learned from it, this library essentially replicates, with the same people discernibly behind it, the Donnell sale debacle:Saturday, November 7, 2015, Priorities To Be Replicated?: Private Luxury Now Abounding Where Former Donnell Library Stood, A "Replacement" Library Is Nowhere In Sight.


It's ironic that this taking from the public comes right at Christmas, but not necessarily unintended.  Those pushing for controversial over-development in this city have their own tradition of scheduling advancement of these public encroachments for holidays, for times when they think the public will be least able to respond and pay attention, August vacation time, Thanksgiving and yes. . . . Christmas and New Years.

Pushing this particular library sale through already involved some very slick and not really above-board maneuvers by Brooklyn Community Board 2 the Fourth of July weekend.

Mayor de Balsio's Grinching with his Deputy Mayor for development, Alicia Glen, adopting this Bloomberg library sale and shrinkage as "her own," and by implication all the envisioned future library sales, to "push it across the finish line" falls into our lap to bemoan in what has been a Noticing New York tradition.
Alistair Sim, perhaps the very best ever to play Scrooge.  On left, Scrooge the epitome of a miser at the outset of the film.  On right, the reformed Scrooge, now a model of kindness and generosity.
Since 2009, Noticing New York has annually offered a stocktaking of the decisions we are making in the public sphere that make it appear that we are veering off to a reality where a select few of our population revering money and accumulating “wealth” count for almost everything while the rest of us are treated with increasingly less regard.  I’ve done this in the context of two other traditional Yuletide tales, both taking place in critical part on Christmas Eve, and both essentially the same story in many respects: Dickens’ “A Christmas Carol” about the reformation of the miser Scrooge and Frank Capra’s “It’s a Wonderful Life.” Both these stories frame the importance of free will and choice in terms of alternative possible realities, in order to contrast decisions about the bunching up of wealth and treasure with the benefit and spirit of shared community and giving.
(* You can find out prior annual essays here: Thursday, December 24, 2009, A Christmas Eve Story of Alternative Realities: The Fight Not To Go To Pottersville (Or Ratnerville), Friday, December 24, 2010, Revisiting a Classic Seasonal Tale: Ratnerville, Saturday, December 24, 2011, Traditional Christmas Eve Revisit of a Classic Seasonal Tale: Ratnerville, the Real Life Incarnation of the Abhorred Pottersville, Monday, December 24, 2012, While I Tell of Yuletide Treasure, Tuesday, December 24, 2013, A Seasonal Reflection: Assessing Aspirations Toward Alternate Realities- 'Tis A Tale of Two Alternate Cities?.,Wednesday, December 24, 2014
Seasonal Reflections: No Matter How Fortunate or Not, We Are All Equal, Sharing a Common Journey
In "It's a Wonderful Life": on left Lionel Barrymore (who played Scrooge in annual radio broadcasts) playing the Scrooge-like Henry Potter and on right Jimmy Stewart playing George Bailey, the banker with friends who fends off succumbing to the Potter world
One matter these annual reflections has always tuned to is the way that Forest City Ratner’s takeover of a swath of Brooklyn constitutes a concentration of wealth and control that’s analogous to the way that in “It’s a Wonderful Life” the communally shared town of Bedford Falls became Pottersville in the alternate reality where unchallenged power was allowed to accumulate in the hands of Henry F. Potter, the bad town banker.  The unfortunate news to report this year with respect to Forest City Ratner is that its spreading power and influence in New York is continuing to grow like Potter’s did in that alternate reality. . .
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An example of exactly what this transformation of our world means can be seen in the way we de Blasio, and Council Member Steve Levin as his delivery instrument to override the wishes of the community, are gifting the library this Christmas to developer David Kramer and his Hudson Companies.  They are valuing the library not from the perspective of the public, but only from the developer's.
CLICK TO ENLARGE (something you can't do with a library)- A gift to developer David Kramer (in suit) under the Brooklyn Heights Promenade XMass tree this year, the Brooklyn Heights Library, sold for less than the price of a vacant lot, courtesy of Mayor Bill de Blasio, The Brooklyn Heights Association, and Councilman Steve Levin.  Others were involved pushing for this sale, like Saint Ann's.  Kramer here was getting some elf-help from the construction union whom he has never treated well.  The union reversed positions of the public good of the sale when Kramer made some feeble work place safety concessions, sad for them and unwise in that unions wanting to reverse waning support from the public should seek to do so by supporting the public. 
 It is perhaps crass to try to talk about such an important and democratic and cultural institution as a library in purely financial terms but the Brooklyn Heights Library, substantially enlarged and fully upgraded at considerable public expense and sacrifice, would cost more than $120 million to replace.  It represents an accumulated investment of our tax dollars over the years.  Yet, the de Blasio/Levin sale of the library insistently views the library only from the vantage of the developer: The library will be sold to the developer for less than the price of a vacant lot.  The sale, a significant public loss, would net the city perhaps less than $25 million. . . Brooklyn Public Library president Linda Johnson told her board the net is to be some unspecified amount appreciably below $40 million, but we think her math obviously and deliberately overstates even this small as yet unspecified figure.

What is a library such as this worth?  Last year we quoted from Charles Dickens'“A Christmas Carol.”  I I think if fitting to return to a part of the exchange between Scrooge and his nephew again this year:

    Nephew:Oh I think there are many things from which I've derived some good, by which I have not profited financially, I dare say. There is more in life than money, Uncle.

    Scrooge:Humbug to that!  More in life than money!  Humbug!
So, until we teach him better, we'll have to let de Blasio drift, keeping the season in his "Humbug" developer-gifts-come-first fashion.  For the rest of us, let's all be blessed, every one of us, in knowing that what we value is so much more important and meaningful and in our collective commitment and New Year's resolution to fight for a future where those values will once more be respected.

So You Are Looking To Make Sense of The World And Want To Get That Same Book From The Library “To Change Your Life” That Aaron Swartz Did? Expect The Sweet Smell Of Success To Elude You.

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Aaron Swartz said a book from the library changed his life- Picture of Aaron Swartz from an interview shortly before his suicide- "Three young New York filmmakers sought to document how the internet is largely controlled by profit-seeking corporations, even as it has evolved into the world’s gateway for speech."
“Reading the book, I felt as if my mind was rocked by explosions. At times the ideas were too much that I literally had to lie down.”-   That’s what Aaron Swartz wrote about “Understanding Power: The Indispensable Chomsky,” in a May 15, 2006 post he titled: The Book That Changed My Life.”  It’s a book he says “is completely shocking, at odds with everything you know, turning the way you see things upside-down.”  Swartz tells us he’d read the book two years before, “a thick paperback I picked up at the library.”

Swartz picked up this “thick paperback. .  at the library”?  That was 2004: Heaven help you if you want to stop in and pick up a copy of this book to similarly change your life in 2016. That’s despite the fact that Aaron Swartz provocatively says this book caused him for “weeks afterwards” to see everything “in a different light” and that “Questions that had puzzled me for years suddenly began making sense.”

Aaron Swartz lived in Brooklyn.  The Brooklyn Public Library has zero copies of this book throughout its sixty library system.  That is zero copies of the thick paperback, zero copies of the much harder to obtain hardcover, and zero copes of any digital edition (or audio edition) of the book.

Some very important books, including about books about"power," such as Robert Caro’s “The Power Broker: Robert Moses and the Fall of New York” are simply not available digitally, but if the Brooklyn Public Library wanted, Noam Chomsky’s “Understanding Power” is available digitally, albeit digital books have a disadvantage for libraries of being more expensive than physical books (libraries are charged more), plus libraries like the BPL frequently just lease their digital books, making endeavors to frame the public discourse like this one frighteningly ephemeral.

Aaron Swartz was an activist and a major force in the open internet movement, believing fervently in the availability and free flow of information.  While, a focus on the internet was central to what involved him in many of his passions, he saw libraries and librarians as contributing integrally to the ready availability of information and, for example, his “Open Library” project had the goal of letting people find their way to any existing book, including making those books already in the public domain more easily and freely available.
"I love libraries. You know, I'm the kind of person who goes to a new city and immediately seeks out the library": Aaron Swartz speaking, above, explains in the documentary, “The Internet's Own Boy: The Story of Aaron Swartz.”  He goes on to say:"You know Books are the place people go to write things down. And to have all that swallowed up by one corporation is kind of scary."
He cared about protecting fundamental liberties and that caused him to warn about government surveillance and censorship.  And his interest in information availability was accompanied by his efforts to reform and improve our political processes and social justice.  The purpose of Watchdog.net, “The Good Government Site With Teeth,” one of the groups Swartz founded (funded by the Sunlight Network and the Sunlight Foundation), was ”to enable people to become active citizens and create a government that is transparent and accountable.”

The censorship Swartz warned of might come from the government or from private corporations.  It might also come from a conjoining of the two as manifested by SOPA, The “Stop Online Piracy Act,” that Swartz helped lead an uprising to defeat.  By those envisioned changes to law the government would have conferred significant control over the internet and censorship ability to private companies.  As Swartz noted, censorship by private companies can be worse than government censorship because the traditional constitutional protections are not in place.

Worrying about the continued freedom of the internet Swartz asked:
Are private companies going to censor [the] websites I visit, or charge more to visit certain websites? Is the government going to force us to not visit certain websites? And when I visit these websites, are they going to constrain what I can say, to only let me say certain types of things, or steer me to certain types of pages?
Will speech be constrained?  Will the public be steered to certain content?  These concerns about the free flow of information don’t apply just to the internet.
I became aware how important Aaron Swartz thought Chomksy’s “Understanding Power” book was because January 11, 2016 was the third anniversary of Swartz’s death.  Swartz was found at the age of 26 in his Brooklyn apartment, hung, apparently having committed suicide. Recognizing the anniversary WNYC's “On the Media” presented a piece about Swartz, The Wunderkind of the Free Culture Movement (January 15, 2016- Transcript), an interview with Justin Peters, author of a new book about the life and death of Swartz along with background about the internet and the history of copyright in America, “The Idealist: Aaron Swartz and the Rise of Free Culture on the Internet.”

In his On The Media interview Peters said:
    . . . after reading that book, something seems to have switched [for Swartz] and he seems to have realized now that I've seen this, I can't unsee it. Now that I've seen how power works and accumulates, I can't pretend that I don't know how the world works.
In his book, Peters writes something else in his own words about understanding power: “If you are interested in understanding power you have to understand how power perpetuates itself, how it is wielded like a cudgel to bludgeon deviants until they surrender or shatter.”

While speaking generally, Peters no doubt meant this to also apply specifically to Swartz and what most people feel was done to him in the government prosecution that is viewed as leading to his death.  At his funeral Aaron’s father Robert Swartz said what was thematically echoed later by many of the other speakers at Swartz’s later widely attended Cooper Union memorial service that "hounded by the government” . . . Aaron did not commit suicide but was killed by the government,” . . “Someone who made the world a better place was pushed to his death by the government.”

In what most recognize to have been“over-zealous prosecution for a crime with no victims -- by a Justice Department that has yet to prosecute the Wall Street bankers who destroyed our economy and harmed millions of lives.”

Swartz’s misdeed, technically a crime the way our laws have been written, was to download 4.8 million academic journal articles from a database (JSTOR) that, based on his previously published Guerrilla Open Access Manifesto he probably had thoughts of ultimately making more freely available to the public.  A number of years before, no charges were pressed against Swartz when he downloaded and made more freely available to the public 2.7 million federal court documents from a federal database, documents which were technically already public, although not actually very easy to obtain from the Federal PACER (Public Access to Court Electronic Records) database the government managed.  Prosecuted for downloading the JSTOR articles Swartz was faced with potential 90 years in prison . .

. . . The government very obviously placed an extremely high priority on protecting private copyright ownership interests and making an example of Swartz.  In doing so they were also making an example of the man who had prevented a very scary expansion of those same private rights when he helped in defeating the proposed SOPA and PIPA (Protect Intellectual Property Act).  The proposed SOPA and PIPA laws were defeated in the beginning of 2012.  Swartz downloaded the public court documents in 2008 and was apparently followed by the FBI after that.  These struggles, unfortunately, continue still and legal provisions highly reminiscent of the dreaded defeated SOPA and PIPA provisions stand to be enacted via treaty if the proposed 6,000 pageTPP (Trans-Pacific Partnership) agreement is passed.

Writing about the Chomsky’s coverage in the book of stories of “an incredibly wide range of topics” Swartz said:
Each story, individually, can be dismissed as some weird oddity, like what I'd learned about the media . . . .  But seeing them all together, you can't help but begin to tease out the larger picture, to ask yourself what's behind all these disparate things, and what that means for the way we see the world. 
Here is one more weird oddity to add to the mix to see the “larger picture”: While the Brooklyn Public Library has no copy of the Chomsky book it has seven copies of a book it has promoted by one of its own trustees: “Success Never Smelled So Sweet: How I Followed My Nose and Found My Passion,” by Lisa Price.  It’s a book that came out in 2004, the same year Swartz discovered Chomsky’s book, that self-promotionally tells of Ms. Price’s success in starting a beauty products company.  In theory, it could be inspiring to minorities about perusing an entrepreneurial path although Ms. Price has had her ups and downs. 
It is perhaps fittingly symbolic that while all seven copies of Ms. Price's book sit unclaimed and unread by library patrons on Brooklyn Public Library shelves the one copy of Mr. Chomsky’s “Understanding Power” that is available from the New York Public Library, BPL’s sister library system, has seven people in line to read it.  The NYPL, more frugally has just one copy of of Ms. Price’s “Success Never Smelled So Sweet”- that one can’t be claimed by borrower since it’s a research copy.

One wonders if Aaron Swartz were alive today what he would have to say about the selling and shrinking of libraries propelled mostly by those interested in transforming them into real estate deals that benefit developers, not the public.  The issue was just gaining significant attention (partly with the assistance of Noticing New York*) as much critical new information surfaced starting in 2013, just when Aaron Swartz was unfortunately no longer with us.  Would Mr. Swartz’s astute instincts also be picking up on the fact that a number of interests converging to besiege libraries are associated with privatizing content and `steering' the public to corporate products in the ways that Mr. Swartz pointed out as worrisome.
(* Disclosure: I am a co-founder of Citizens Defending Libraries which, with its petition is battling the selling off and underfundingof libraries as well as the removal of books.)
Look at the chart below depicting some of those interests.  Then consider, when you review, whether the trustees of Brooklyn Public Library should be those in charge of its mission and charting its course for the future.
Above From: Why Nonprofit Boards May Stray From Their Core Missions And Obligations To the PublicReal Estate Interests - Content Control - Internet - SurveillanceCensor and dumb-down the public.
To consider further whether we can rely on private sector trustees such as this to faithfully pursue public missions effectively and in a true spirit of charity, read the following where that chart was originally published: Why Nonprofit Boards May Stray From Their Core Missions And Obligations To the Public- Considered Generally And Particularly With Respect To Libraries.
Books disappearing from the libraries?  Empty shelves (obviously no copies of "Understanding Power") at SIBL and the Mid-Manhattan Library recently targeted for sale, and books being shipped out of the Donnell Library that was suddenly and secretively sold.
One of the things well-known about Aaron Swartz is that, although he was not spending the money with personal ostentation and spoke instead of directing it into good works, Swartz made a dot-com fortune from the sale of Reddit, a content aggregation and discussion website, benefitting from having become an equity partner in the company through the merger of start-ups with which he was involved.  Oct. 31, 2006 Reddit was sold to Condé Nast.  Condé Nast is in turn part of a much larger conglomerate of companies owned by the Newhouse family and their Advance Publications, Inc., a conglomerate increasingly focused on digital platforms.   Following the Reddit acquisition, Swartz went to work for a while for Wired, owned by Condé Nast, but soon departed since he didn't fit in.
Reddit, along with some of the other social media platforms, all variously privately owned, are now embroiled in difficult censorship controversies.  Where this will lead is unclear, but with increasing monopolization in the content industry the world becomes very small indeed-  One of the trustees of the Brooklyn Public Library, Cindi Leive, editor in chief of Glamour, works for Condé Nast and David Remnick, editor of The New Yorker, another Condé Nast publication, is similarly one of the trustees on the board of the New York Public Library.
Irony in howwe are asked to "share" a warning about social media companies?
Whether it’s the internet or libraries, it all bundles up into the same thing.  Some will think of it liberally as the free flow of knowledge.  Others will think of it more restrictively as the information industry.- The “information wants to be free/information wants to be expensive” dialectic.

One other thing about libraries- While Aaron Swartz had his mentors like Lawrence Lessig (working to curtail the corrosive effect of money in politics), Swartz was also an autodidact.  He dropped out schools a number of times, both high school and college in preference for self-education.  Certainly the internet can provide support for such self-directed campaigns, but traditional libraries have also long harbored and provided resources to those who are called to individualistically find their own way. . .  But if the books are not in the libraries, or if the books that are there preferentially steer us in certain corporately decided upon directions then our needed successors to Aaron Swartz will be much fewer and further between. . .

Some good news. . .

. . . As for that other new book just out, Justin Peters “The Idealist: Aaron Swartz and the Rise of Free Culture on the Internet.”- The BPL has thirteen copies, of which six copies are currently claimed by patrons and the NYPL has about 37 copies, of which 23 are claimed and 14 are available.  But if any of the readers of this new Peters book are led by it to want to read the Chomsky book then they are going to have problems finding that book to retrace Aaron’s path through recent history.

NYS Attorney General Eric Schneiderman Is Taking Political Donations From Those He Could or Should Be Investigating- Despite a (Playboy) Model Being Involved This Is NOT A Model That Serves The Public Well

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WNYC and News News 4 New York have partnered to report on Attorney General Eric Schneiderman’s office taking contributions from the potential targets of his investigations
You probably don’t come to read stories at Noticing New York for shallow analysis.

WNYC and News 4 New York have partnered to produce a pair of stories about how New York State Attorney General Eric Schneiderman’s office is often taking political donations from those they are investigating.  Although I don’t know what to think when not-for-profit news organizations increasingly “partner” with for-profit news organizations, these articles ought to grab public attention.  (Note: The more sensationally presented News 4 New York story had to conclude with a disclaimer of ownership relations between NBC and companies mentioned in their investigative story.)
    •    WNYC:Could Some Political Donations to New York's Attorney General Be a Conflict of Interest? Interview by Jami Floyd, February 18, 2016

    •     News 4 New York:I-Team: Why Did Former Playboy Playmate Donate $65K to Attorney General Eric Schneiderman?  By Chris Glorioso and Ann Givens, February 18, 2016
Both stories state that Attorney General Schneiderman isn’t being accused of any wrong doing.  Both stories also note statements from a Schneiderman spokesman that Schneiderman has investigated his own political donors, and in the WNYC report, Chris Glorioso states that the Attorney General’s office says this “evidence that he is unbiased and not swayed by these political contributions.”  According to Glorioso, the spokesman also said that in cases where donors stand to benefit from investigations that “those investigations began from the ground up, they began from New Yorkers who may have been wronged in one way or another, or from whistleblowers who called out wrong doing in the financial sector.”

Is the investigation of an Attorney General of his own donors evidence of a lack of bias, a lack of problems with receipt of the money received?

An uncle of mine was in the public relations business in the 1970s and there is a story I was privy to growing up told as a cautionary tale in my family about a fabled, wealthy publicist of the time.  I found it fascinating.  I won’t use names because I have never been able to find anything anywhere documenting the allegation although I did read that records that might have said something one way or another about the facts were burned after the publicist’s death.

The story was that when clients came to the publicist he told them that it was his job to tell the public everything good about the client, everything the client would want the public to know and everything it was the goal of the client to put out to enhance the client’s name and brand, but that he also needed to know what he would need to steer around. He explained that he needed to know all the client's secrets, the skeletons in the closets.  This man was recognized as being an exceedingly good publicist and did a good job for his clients, but if there ever came a time when a client thought about abandoning the use of his services, or if they began to think his fees verged on being too much, the situation could become uncomfortable. . .

. . . Was there reason for the client’s to be uncomfortable?  Was there ever an instance of private confidences having been breached?   I don’t know that there ever was.  I only know that the feelings of discomfort were part of the story that was told and that everyone knew from his flamboyant life style that the man’s fees were high.

I tell this story because it reminds me of another seeming paradox that might bring people up short when they first think about it.  Campaign finance reform expert and advocate Lawrence Lessig has written about how elected officials across the spectrum, both Democrat and Republican, “have an interest in extending the reach of regulation, because by increasing the range of regulated interest, you increase those who have an interest in trying to influence . .regulation.”  (This quote is from Lessig’s book, “Republic Lost.”)

Why do electeds benefit from regulation?  Is Lessig’s view that they necessarily want to enforce regulation?  No, it is that, as gatekeepers who get to collect political contributions in the money-in-politics “gift economy” that Lessig writes about, it’s good to have lots of “targets for fund-raising.”   Lessig tells us how federal lawmakers seek to be on certain “cash cow” committees which because of their regulatory power “primarily because members of those committees are able to raise large amounts of campaign money with little effort.”

Professor Lawrence Lessig appearing in the documentary, “The Internet's Own Boy: The Story of Aaron Swartz.”  Mr. Lessig's preface to the second edition of "Republic Lost" is a lamentation of our loss of activist Aaron Swartz.
In other words, Lessig quoting the work of Peter Schweizer and his book “Extortion,” describes an “extortion game.”  “What if politics is really largely about fund-rasing and making money,” is one of the quotes Lessig picks up from Schweizer.    

Later in analyzing what causes the campaign contributions, whether it originates with the hopes of the donor, or with the politicians and electeds soliciting contributions, and how much blame to put in the system itself Lessig writes:
Think about a more pedestrian version of this sort of extortion: We wouldn’t look to the failure of a local Mafia to give the victims of its extortion benefits as proof that there is no extortion. The victims are trying to avoid penalties; they’re not seeking special favors.
It’s particularly uncomfortable to apply this analogy to a state attorney general, because as Glorioso stressed in his WNYC interview:
Prosecutors are not just politicians, they are law enforcement officers.  They have subpoena power.  More than a law maker or a governor they can act unilaterally to penalize an entity, or to force an entity to cough up information.  So particularly here in New York where the Attorney general’s Office has been called the “Sherif of Wall Street,” a subpoena or a decision to investigate can have tremendous consequences in the market place.   
While, on one hand, there is a question of how things may turn out when there is competition between various moneyed interests, there is a bigger problem when you are the public with no money to pony up in the game.  Then you lose out entirely, in practical terms dropping off the face of the political earth.

Near the end of the NBC story Lawrence Norden of the Brennan Center Democracy Program says: “As a general matter there is political science out there that says that the donor class has more influence over policy than the general public.”
Bill Maher on his Friday, February 13th Real Time showing speaking about how the average American has"only a minuscule, near zero, statistically non-significant impact upon public policy."
That is essentially what Bill Maher said in far more blunt terms on his last show a week ago:
Bill Maher:I just want to read one thing I read before on the show, it's a study, I am sure you are familiar with it, by two Princeton professors who said this is an oligarchy:
The preferences of the average American appear to have only a minuscule, near zero, statistically non-significant impact upon public policy.
 . . And they wonder why there's a revolution!
The professors Maher referred to are Martin Gilens and Benjamin I. Page (from from Princeton University and Northwestern University) and their report, Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens, uses in some cases some very academic sounding language to say these things; while they speak of “U.S. government policy” you can readily believe that with money in politics the way it is locally and in New York it is also true of New York City politics:
Multivariate analysis indicates that economic elites and organized groups representing business interests have substantial independent impacts on U.S. government policy, while average citizens and mass-based interest groups have little or no independent influence.
A summarizing preview was published (Oligarchy, not democracy: Americans have `near-zero' input on policy - report, April 15, 2014) containing these extracted quotes:
"Despite the seemingly strong empirical support in previous studies for theories of majoritarian democracy, our analyses suggest that majorities of the American public actually have little influence over the policies our government adopts,". . 

While "Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association," the authors say the data implicate "the nearly total failure of 'median voter' and other Majoritarian Electoral Democracy theories [of America]. When the preferences of economic elites and the stands of organized interest groups are controlled for, the preferences of the average American appear to have only a minuscule, near-zero, statistically non-significant impact upon public policy."
If you are involved in a political fight and want something that a considerable portion of the moneyed elite with influence and access also want, you might have a chance of winning it. . .  And there are some good things that the elite might also want to pass.  There are no reasons why the elite shouldn't be almost equally on the same sides of certain social issues such as abortion or gay marriage.  A goodly portion of the moneyed elites might also not want there to be fracking in New York State where the NYC water supply could be poisoned or the environment of vacations homes surrounding the city ruined.

The influence of money has certainly been a problem when it comes to how the fossil fuels industry has frustrated appropriate measures to head off climate change.  That includes all the money spent on climate science denial.  Even so, there must to be a certain portion of the elite, a large one, that don’t want their children and grandchildren to live in world that perishes, ceasing to exist as we know it because of severe climate change.

Notwithstanding, Lessig in his book (where in the updated edition he also writes about the Gilens and Page study) cites issue after issue with documenting polls showing that the policy the government follows is what the elite, the top 1%, want, not what the majority of Americans want.

We normally think in terms of going to our elected officials to get government to do what we want it to.  But maybe that doesn’t make sense at all. Instead of beseeching and lobbying our elected officials, the public probably ought to be at the doorstep of the moneyed elites trying to influence their viewpoints given the documentation (and Lessig includes graphs in his book) that “as the percentage of the elite supporting a proposal goes up, the probability of that proposal raises,” but “as the percentage of average voters show support an idea goes from 0 percent to 100 percent, the probability that idea will be adopted doesn’t change.”
$65,100.00 from 2010 Playboy Playmate of the Year tops Schneiderman's contribution list?
The WNYC and News 4 New York stories pointed out mysteries and lack of public access to information about what was going on with the contributions coming in.  The hook for both the stories was to ask the question why a former Playboy model from Texas, Hope Hope Dworaczyk, now Hope Smith, the 2010 Playboy Playmate of the Year, contributed $65,100.00 to become the largest political donor to Attorney General Schneiderman this January.

Ms. Dworaczyk recently married private equity billionaire Robert Smith who has contributed a lot of money, $150,000.00,  to Schneiderman over the years with much of the cash contributed to Schneiderman after he launched a probe, and then closed that probe, into the fees that private equity firms charge their clients.  The print version of the News 4 report explained that Smith is “the founder of Vista Equity Partners, a private equity fund that has attracted nearly $1 billion in investments from the New York Common Retirement Fund, a public pension, over the last seven years.”

Compounding the problem of mystery and its deepening the appearance of impropriety, News 4 interviewed James Tierney, a former Maine attorney general, now directing Columbia University's National State Attorneys General Program who, News 4 said explained that:
hedge funds and private equity firms are not transparent about their investments. That means the funds can allege some sort of wrongdoing about another company - and it is impossible for prosecutors to know if a resulting investigation could be seen as posing a conflict of interest.
Would you like to consider yet one more layer of complexity?  With all the money and ownership interests affecting the press there is, similar to the situation with elected officials including Attorneys General such as Schneiderman, the question of what gets investigated by the press . . .

Part of the News 4 story related how Schneiderman has investigated and now halted in New York the Fantasy Sports Gambling industry (See the Frontline Report: The Fantasy Sports Gamble,
February 9, 2016).  NBC’s investment in this industry necessitated disclosure in its report, but there is money on both sides of the deal because NBC reported that Schneiderman has also taken money from the local regulated gambling industry which competes with fantasy sports gambling.

As noted, the WNYC and News 4 New York reports both make clear that, when all is said and done, the Attorney General’s office, despite how troubling all of this must necessarily be, is not being accused of any wrong doing.  Indeed, while part of the purpose of this article to deepen the analysis points out that it is simplistically naive to believe the assertion of Attorney General’s office when it says that Scheiderman’s investigation of his own “political donors” is “evidence that he is unbiased and not swayed by these political contributions,” that doesn’t change that fact that nothing written here concludes that Schneiderman doesn’t strive to do the right thing in a troublingly warped and problematic system.

We can note in more detail here the questions about how elected officials including state attorneys general are essentially gatekeepers to benefit that can be politically derived, essentially collecting tolls, but one would expect or hope that, because an attorney general's office is comprised of attorneys with the licenses and personal integrity on the line, it would ensure that the office operates within legal bounds and mostly according to Hoyle.
Tim Wu during the Teachout/Wu campaign for Governor and Lieutenant Governor from this Citizens Defending  Libraries gallery of events page.
Further, it must certainly serve as an inherent check and balance on the office that so many attorneys working there have no doubt gone to work in the office precisely because they hope it is a place where they can do the right thing and accomplish idealistic objectives they likely came equipped with.  A recent case in point is that, this fall, Tim Wu, the Columbia Law Professor and highly influential open internet advocate (and Tweeter par excellence), joined the Eric Schneiderman’s office.  Mr. Wu is also recently famous by virtue of his political foray to become lieutenant governor as running mate of Zephyr Teachout.  It was a campaign that was startlingly effective.  Ms. Teachout is a protégée of Lawrence Lessig and a central tenet of the Teachout/Wu campaign was the overriding need for the kind of campaign finance reform that this article is about.

Still, in the final analysis, how does our warped system serve or not serve the public?  When it comes to moneyed interests being on the scene does Schneiderman stand on the side of the public if all the money is on the side of private moneyed interests?   Or does our state attorney general fulfill predictions of professors Gilens and Page that the actual interest of the public will have “only a minuscule, near zero, statistically non-significant impact upon public policy”?

Here is a perfect test case with a now escalating profile.  The New York State Attorney General regulates charities and is supposed to "to police fraud and abuse" and, for instance, the office was recently even given additionally clarified  powers “to bring judicial proceedings to unwind interested-party transactions."
A complaint about such fraud and abuse by the Brooklyn Public Library was recently filed by a newly formed group, Love Brooklyn Libraries, representing the public interest.  There is, however, a lot of private industry money on the other side, particularly real estate interest money that would like to see Brooklyn public libraries sold for a pittance, far less than their value to the public.  Part of the problem is that the composition of the board of the Brooklyn Public Library is extremely ill-suited to upholding the public interest with far too many competing agendas at odds to the public’s.  This is exactly what the Scheiderman’s office is supposed to be regulating.  He is supposed to prevent and insulate the public from exactly that kind of harm.
Read about the composition of the board of the Brooklyn Public Library and competing agendas at odds to the public’s.
Point of disclosure: I am a co-founder of Citizens Defending Libraries which has similarly brought such matters to the attention of the Attorney General’s office, not only with respect to the BPL and its trustees, but also with respect to the NYPL and, for instance, its sale of the Donnell Library.

Now if one were plotting it on one of those professorial graphs we talked about, it is important to know that the public almost universally opposes the sale and shrinkage of our libraries, the elimination of books and librarians and the deliberate underfunding of libraries in a time of plenty being being used as an excuse to do so.
The breaking headline news now escalating the status of this story: The New York Post has just come out with an eviscerating story about the sweetheart details of de Blasio's giveaway of the Brooklyn Heights library.  The developer to whom the de Blasio administration and the BPL trustees regulated by Schneiderman’s office wasn’t the highest bidder; his bid was 20% lower than another of the two bids that surpassed him.  It was an inferior bid in other respects as well.  See:  New York Post: Developer with ties to de Blasio scores job, despite being outbid, By Aaron Short, February 21, 2016.

The new facts in the Post article are further evidence of what Scheiderman needs to be investigating.  But even this needs to be put in context: David Kramer (of the Hudson Companies) was the low bidder for a library that should not even be sold.  Kramer and the other developers were only bidding for the value of the library site as a vacant lot.  There were being asked by the BPL and its trustees to bid only for the “tear-down” value of the library.  These bids were in no way related to the value of the library to the public from the public’s perspective, because de Blasio and the BPL trustees were selling off the library with no appraisal of the value of the library from the public’s perspective.  And it is important to remember that what we are speaking of is a recently enlarged and fully upgraded library that would cost more than $120 million to replace.

So that is the test case that the New York Post has now given an escalating profile: What Schneiderman does in this instance, a matter that the public cares about intensely, will tell us much about exactly how worrisomely warped our system is.
Citizens Defending Libraries on Thursday night outside an event where Mayor de Blasio and economist Paul Krugman were to discuss income inequity in NYC.

Councilman Brad Lander Announces Participatory Budgeting 2.0- The Next Phase of Participatory Budgeting- “With Meta-Participatory Budgeting We Demonstrate Democracy Without Training Wheels”

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Democracy without training wheels
Councilman Brad Lander, the city’s most joyously fervent exponent of Participatory Budgeting, took the opportunity of this spring season’s focus and rampant advertising for the Participatory Budgeting program to release information about the program’s next phase, which Mr. Lander promised will be bigger and more real than anyone imagined.  It wasn’t until release of the carefully timed announcement that anyone even knew a next phase was in store.  Lander is referring to the program’s second phase as “Participatory Budgeting 2.0” although its more formal name, which refers to the extra layers through which it works is “Meta-Participatory Budgeting.”

“Now that we have demonstrated what we can demonstrate with the original version of the program, and we always referred to it as a `growing program,’ it is time to take the baby into the big time,” said Mr. Lander.  “We are ready to spend some real money and make the kind of commitment that will get real attention.”

The current form of Participatory Budgeting program that is now operating was introduced in New York City for the 2012 budget year cycle and was announced in September of 2011 by Mr. Lander, who had pushed for it as an effort to “increase people's faith” in how the government is spending the people’s money.  The New York Times describing the PB “experiment” that began that year reported that “New Yorkers jumped into the trenches and dirtied their hands with democracy.”

Councilman Stephen T. Levin praises Participatory Budgeting, what it is and what it is to become- It's an "antidote" to being distracted by themalfeasance of elected officials
That Times article premiered a refrain still used to promote the program by elected leaders like Councilman Stephen Levin, assisting Lander, explaining it as an opportunity “to counter people's cynical view of government by inviting them to participate in the very process they mistrust.”   Said Levin in a similar vein more recently, “You know, all too often people see government gone awry, elected officials engaging in malfeasance or dysfunction . . .  . . and you know people get. . . it’s easy to get cynical when you see that.  And this is an antidote to that!
Councilman Brad Lander- He brought us Participatory Budgeting and now brings us Participatory Budgeting 2.0 -“Meta-Participatory Budgeting”

Heretofore, the PB program has been used to allocate capital expenditures, a portion of the available councilmatic discretionary funds that each of the City Council members receive annually.   Council members joining in the program have made available $1 million apiece each year for a process where members of the public could redirect their energy to identify and vote on projects they valued.   Councilman Lander recently made even more than that available, an extra $.5 million in his district for a total of $1.5 million.  In all, the public that engaged was recently allowed to vote on the about $35 million in expenditures across those districts running the program.

Lander has staunchly defended the program against critics who say the funds directed by the program are so paltry as to create little more than a sideshow, given the total city capital budget, the total city budget and even just the amount that is available through elected officials as discretionary capital expenditures.  The city’s capital budget has been averaging about $8 billion a year (of which PB’s $35 million would be about 00.4%) and the separate NYC operating budget for this year is proposed to be over $80 million.  Each of the city’s 51 council members gets $5 million in discretionary funds with total elected officials discretionary funds totaling about $400 million (Borough Presidents also have discretionary funds).

It was noted by Noticing New York that the PB amounts available are so very small that they are not even a fraction of the amount that it has been said would be necessary to address repairs now withheld from some of the public’s libraries, like air conditioning repairs for the central destination Brooklyn Heights Library.  Those needed repairs are being cited as reason to sell off the libraries.  “Have the public vote to repair the libraries we want to sell and turn into real estate deals?” asked Mr. Lander. “That would be counterproductive.  There is a reason we have made the amount for stated necessary repairs to libraries we want to sell such high figures.”

Mr. Lander said that people who complained that the amount of funds heretofore channeled through the program are relatively small don’t understand that the purpose of the program is to “demonstrate that government can be good.”  “Having done that,” he said, “we can now open the program up in new ways to set up the expenditure of more funds.”

Steve Levin said this was exactly the case, that the program was to offer “a positive experience for folks” and that it meant that, “people have faith, through this process they know, at the very least, where that funding [the PB funding] is going.”

Lander said that the purpose of the first phase of the program was this restoration of “faith in government” and also for members of the public to “enhance skills and learn how to be active citizens.”  He said that now that the first phase had succeeded it was time to proceed to phase two: “We are going to take the training wheels off Democracy,” he said, “and it means spending real money as well.”

Asked what kind of financial commitments the real money of “Participatory Budgeting 2.0- Meta-Participatory Budgeting” involved, Mr, Lander explained that the commitment of financial resources was so extensive as to be essentially open-ended.  “We are talking about, as eligible, virtually all of the online scheduled capital budget items for the city, but not just that, because there are also commitments that have substantial value in terms of deployment of resources valuable to the public like zoning policies and real estate variances and regulatory overrides that don’t show up as line items in the city’s official budget.  All of these are up for grabs as part of the Meta-participation program.  The more resources we can direct through it the better.”

The first action to get PB 2.0 rolling will be the appointment of an informal and rotating board of advisors, essentially a panel, to judge, consider or reject proposals that may possibly come from the public interested in “reconnecting with government” and wanting to“take control over their own public resources and steer a path.” 

Administrative costs for the panel will be kept extraordinarily low, next to nonexistent, through the use of a public-private partnership approach where those choosing to be on the panel will bear their own expenses, almost undoubtedly meeting on an ad hoc basis in gatherings at private residences or dinners where discussion of proposed projects can integrate readily with other business and social interactions.  It is expected that panelists will already be of means as they will also be expected to make public-spirited contributions to the essential business of funding NYC elections and the related need of running of campaigns.

According to Mr. Lander, the efficiency of the program structure that is being rolled out is that whatever the panel can be convinced by the public is a good idea has a very high probability of being effected with very significant commitments of public funds backing them.  Not only is the likelihood of effectuation enhanced, the process is much more direct than relying on council members as conduit decision makers.  In addition, whereas government has always been subject to lots of “procurement rules, red tape and regulations that need to be in place,” Mr. Lander said these approvals would provide the sort of “done deal” imprimatur that would help assure they move through to completion.

Council Member Levin said that it was exciting to see the PB program “blossom in this way” furnishing the “ramped up growth” and “innovative ways of expanding the program beyond City Council capital budget expenditures that were promised.”  He said the structures being formalized and now explicitly laid out this way ought to“give people more faith in the transparency of government, in the fairness of government, that there is some responsiveness and accountability.”

The names of those on the informal panel will not be known since it is considered that they will have a freer hand to vote their conscience, making the inevitably hard decisions that will confront them, if their privacy is protected.  Both Lander and Levin agreed that members of the public wishing to steer a path while not knowing who in actuality would be considering their proposals could help surmount their frustration by considering themselves as addressing the same decision makers as have always had ultimate say about the city’s affairs.

Lander said that whatever is lost in terms of transparency by not publicly identifying these decision makers is more than made up for by bequeathing those members of the public engaging through the program “the much more real and actual experience of the way Democracy operates that they ought to be asking for.  Those who engage thereby become a much more educated platform of voters than they would otherwise be.”

Mr. Lander said that one of the main purposes of the Participatory Budgeting program when it was introduced was to “get people to start asking questions about their government” and “with more things left appropriately concealed there are more questions to ask.”

Councilman Lander said that his press release announcing the launch of Participatory Budgeting 2.0 -“Meta-Participatory Budgeting” was timed so that the first year of its actual implementation one year hence could also be the same date: April 1st.
Real Real Money, Real Real Power

Ethan Hawke Appointed as a Trustee of New York Public Library- At Eventful Meeting Iris Weinshall (Sen. Schumer’s Wife) Reports NYPL Is In Discussion To Sell “Upper Manhattan” Library

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Ethan Hawke, NYPL's newest trustee, at his first trustees meeting.  NYPL president Marx seated on right.
It was a change of pace, with the trustees of the New York Public Library meeting yesterday afternoon in Harlem for their trustees meeting rather than their regular 42nd Street Central Reference Library digs. . .  and it was an eventful meeting.

What will probably grab the headlines is that NYPL just appointed Ethan Hawke, actor (“Boyhood,” “Dead Poets Society, “Gattaca” many more), writer and novelist (“Before Sunset,” “Before Midnight,” “the Hottest State,” “Ash Wednesday”), and director (“Chelsea Walls,” “A Lie of the Mind”).

What is likely to get skipped over as important, is news, delivered by NYPL Chief Operating Officer Iris Weinshall (Senator Schumer’s wife).  For the first time since Donnell and the NYPL’s ultimately derailed Central Library Plan, the NYPL trustees were told that the NYPL is looking at selling another library in another concocted  real estate deal.  Noticing New York previously reported that the NYPL has, since at least 2008, had the idea of doing such real estate deals in “northern Manhattan” (i.e. Harlem?).  Information beyond that oblique fact was not available from the NYPL.

The Brooklyn Public Library president Linda Johnson recently told the City Council that all three city library systems, her BPL, the Queens Library and the NYPL, were looking at the sale of the central destination Brooklyn Heights Library (at a huge public loss) as a model for future transactions.  That would bring things full circle back to the NYPL, because the sale of the Brooklyn Heights Library closely replicates the NYPL’s sale of Donnell.

This is what Ms. Weinshall told the NYPL trustees, which is still pretty oblique:
I just want to tell the board about another interesting initiative that has come our way: A major foundation here in the city of New York has approached the library about working with us on one of our libraries in upper Manhattan to create affordable housing on the site, but the plus for the library Is that this foundation along with HPD, which is a city agency, is prepared to provide the library with the total funding for reconstruction of the library on the site. So this would present a great opportunity for us in a facility that, uhm, has, many opportunities like the lower floor of this building, to create a brand-new library in upper Manhattan. And there will be more discussion and Tony [NYPL president Marx] and I are involved with the foundation in discussion. Thank you.
.  . ."one of our libraries in upper Manhattan" . . . "major foundation"?

By the “lower floor of this building” Ms. Weinshall was referring to NYPL’s 115th Street Branch of The New York Public Library where the meeting was being held, built with funds given to the city by Andrew Carnegie and opened in 1908.  It's three above grounds floors plus the “lower floor,” a basement floor a community space languishing in disrepair.


The deal Ms. Weinshall described sounds more like the BPL’s proposed Sunset Park Library sale: The Donnell and Brooklyn Heights library deals involve luxury towers going up on squashed shrunken libraries pushed down into underground space.

The NYPL trustees got a report on the “replacement” for Donnell, closed in the spring of 2008 with a promise it would be replaced within 3-1/2 years.  It's still not "replaced."  They were told that the “53rd Street Library” (there is apparent embarrassment to call the library replacement by the name of Donnell) is “almost finished," which according to the other reports means may be as soon as the fall of 2016.  It was not reported that the luxury hotel, the luxury condominium building, the luxury restaurants replacing the Donnell Library all opened more than a year ago in March of 2015.  The trustees were told that they would be pleased with the modernity of this largely underground, largely bookless library.. . . Which is interesting because, at least once, it was suggested to the trustees in their meetings that the Donnell scheme was a mistake.

There was also this update about another library sell-off and shrinkage, a modified vestige of the $500+ millionderailed Central Library Plan that the NYPL still plans to follow through on: The trustees were told that they will soon see plans showing how an “entire floor” in what is now the Mid-Manhattan Library will be given up as a “replacement” for the 34th Science, Industry and Business Library (SIBL).  That shrinking of space that is now devoted to the Mid-Manhattan Library is so that SIBL, a quite valuable facility as it now exists, can be sold.

Discussing library usage SIBL, it was noted how SIBL, a 1996 research library, has become perhaps the most important of the NYPL’s libraries providing a focus on employment pursuit and research.

There was also a discussion of library usage statistics (“metrics”).  One must wonder whether there was hope behind how they were collected and presented that they might support the idea of “the changing nature of what a library is” (NYPL president Tony Marx’s words), and thereby generate acceptance for some of this real estate shuffling and shedding.  The statistics seemed to report a reversal somewhat in line with recent Center For an Urban Future ideas about making libraries less about books and more about . . . whatever.  Previously the reported “metrics” weren’t in line with those ideas.

In 2013 the Center For an Urban Future reported that NYC library usage for the decade was way up, 59% in terms of circulation (most of which was was physical books) and 40% in terms of programs.  In 2015 another report from CUF said that library space should be converted to program space?- The metrics reported to the NYPL trustees were that in the last five years NYPL program use was up 75% while circulation was actually down, mostly because streaming (Netxflix, for instance, if one can afford to subscribe to their current catalogue), is replacing the borrowing of the DVDs the library has available.  Physical books are the vast bulk of the circulation, but the fraction of digital books being borrowed, a very small number, is recently, after having been introduced quite a few years ago, reportedly going up by multiples (14x).

While the trustees asked about causes for the slightly reduced circulation, none of them asked whether any of it could be due to the absence of books in the libraries, the empty shelves, the broken habits of formerly more regular patrons with cutbacks in library hours and upkeep (even if some of that has just recently been somewhat remedied).  Nor was it suggested to the trustees that such things  might be factors to be considered.

There is also the question of whether digital books (the only immediate satisfaction when NYPL shelves are empty- “three clicks” to get them said Marx) are being pushed.  President Marx said that while he personally preferred to read physical books, digital books should be available to library users, “not just those who can afford to” get electronic books “on paid subscription services.”

Marx’s perhaps reflexive reference to getting electronic books through “paid subscription services” rather than buying them outright (at least for your current platform) as most of us do is interesting.  Libraries tend to rent their ebooks through subscription arrangements with the archival function of libraries going by the wayside.  There is no preservation of history this way. They can say that they are driven to that decision by the pricing by the content providers wanting to retain control.  What most people don’t know is that the ebooks that are still much less preferred by the public are actually more expensive.

During the discussion the trustees were told that the NYPL had used a service (Shopper Tracker) to collect data on how many people were coming to the NYPL libraries, the amount of time different individuals were spending there and for what kind of purpose.  One category of people reportedly spending more time at the library is researchers because they come to do what they cannot do elsewhere.

With NYPL president Marx citing the fact the NYPL had a privacy policy it needed to follow, the trustees were assured that when people’s use of the libraries was being monitored during the collection of these metrics face recognition technology was not being used and they were further told that after the data was collected the underlying records were destroyed.

New York State has a statute (Civil Practice Law and Rules §4509) requiring that library usage and related right of free association information “shall be confidential.”  The problem is to what extent this statute has been superseded either legally, or from a just plain practical standpoint, by post-9/11 federal surveillance laws or practices.

All of which is to say that Mr. Hawke has arrived at the NYPL at a very interesting time and is faced with the job of handling a multifaceted set of challenges.  It is hard to resist the very bad and obvious pun to ask whether, to do that job, he will be watching like a hawk.

Point of disclosure: I am a co-founder of Citizens Defending Libraries formed in 2013 in reaction to breaking headlines about library real estate deals benefitting developers, not the public.  Since that time it has become important to broaden that focus to be alert to other private and government interests leaning in with a desire to change “the nature of what a library is.”

Post Script?:  It's been called to my attention that Ethan Hawke made and directed a documentary, "Seymour," about a beloved 87 year old New York piano teacher, Seymour Bernstein.  One of Mr. Bernstein's piano students is New York Times architectural critic Michael Kimmelman, who in 2013 followed in Ada Louise Huxtable's footsteps influentially savaging the the NYPL's still pending Central Library Plan real estate deal: New York Times:Critic’s Notebook- In Renderings for a Library Landmark, Stacks of Questions, by Michael Kimmelman, January 29, 2013.. .   Interesting?

Oddly Timed 2008 NY Observer Article Pumps Up “Ambition” For The Books- A Pitch To Those Who Would Like to Be Trustees of Brooklyn Public Library, If Not Actually Trustworthy

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Found on the Massey Knakal a real estate firm website.  Text highlighted in yellow calls attention to the involvement of one of their brokers.   It is probably just a bizarre coincidence that there is a large ad for Baccarat given that when the Donnell Library was sold it was replaced, in part, by a luxury hotel using using the name.
I came up with a wonderful it-only-takes-a-little-reading-between-the-lines New York Observer article from 2008 about who should consider for themselves the prospect of becoming a trustee of the Brooklyn Public Library.

The article came out in February of that year, just a few months after Jared Kushner, the owner of the Observer (and Donald Trump’s son-in-law) had locked in a deal that benefitted from the sale of the Donnell Library that trustees of the New York Public Library tossed out munificently to the real estate industry.. . . The public, of course, losing out.

Interestingly, I didn’t come across the article on the Observer’s site; I came across it on the site of Massey Knakal, a real estate firm, where they had posted it, highlighting text in the article to show how one of their brokers, Landon McGaw, was participating.

The article starts out saying that maybe getting onto the exclusive NYPL board with Stephen Schwarzman of Blackstone (the world’s largest real estate investment firm plus much more) is out of reach when you are “jockeying for position” in New York,  but “what about Brooklyn” for opportunities?

Answer: “Cue J.P. Morgan, CitiGroup and Goldman, Sachs-and government employees (retired teachers and a Con Ed spokeswoman among them).”  Brooklyn is a borough of “Brooklyn's shiny new condos and brownstone conversions.”

Put into the words on one of the people reported on there is, “a eureka-moment story about . . . .  standing in Grand Army Plaza, the traffic circle outside of Prospect Park . . .  the imposing main branch of the BPL, and thinking, This place is changing. . . . `Why don't I engage the library?'"

Consider this startlingly frank assessment from the article (emphasis supplied):
Buried underneath the earnest and altruistic desire to help the library is, perhaps, a touch of social snobbery, a desire to use the opportunities afforded by the New Brooklyn to further one's station in life.

Then again, that's what nearly all New York-style charity has been about, and it's unrealistic to expect this new group to be any different. And it must be said that the barriers to entry are lower. .
The article spotlights BPL trustee Janet Offensend as being the BPL official leading the charge for the advertised transformation, bringing in a new set of individuals who “love a good party” (one must wonder about whether such phases are code words or dog whistles when buried in with the recitation of a lot of other altruistic claptrap.).  The article tells us about Ms. Offensend:
Janet Offensend, a fixture on the Brooklyn charitable scene for many years whose husband is the chief financial officer of the NYPL, is a library trustee who has helped marshal the Vanguard through its first few months.
What is not noted is that Ms. Offensend’s husband David Offensend, mentioned as the chief financial officer of the NYPL, is the one who arranged the sale of the Donnell Library in a deal benefitting the aforementioned Jared Kushner, owner of the Observer.  If you know that you don’t need dog whistles to figure out much more.

For further documentation about the recomposition of the Brooklyn Public Library Board of Trustees achieved in this era consider the following page of information from Citizens Defending Libraries:
Brooklyn Public Library Trustees- Identified + Biographical and Other Information Supplied
Point of disclosure: I am a co-founder of Citizens Defending Libraries, formed in 2013 in reaction to breaking headlines about library real estate deals benefitting developers, not the public.

The Observer article appears on the Observer’s website:
The Observer:Brooklyn's Bookish Ambition, By Doree Shafrir, February 22, 2008

And, as noted, on the site of real estate firm Massy Knackle.
One additional little secret to share: I also found the article because it mentioned Ethan Hawke.  Click for more information here:x

Snowden, Booz and the Dismantling of Libraries As We Know Them: Why Was A Private Government Spy Agency Hired to Take Apart New York's Most Important Libraries And Turn Them Into Something Else?

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This post will in a moment, I assure you, be about what has been a favorite topic for Noticing New York to keep returning to in recent years: The dismantling of libraries as the institutions we have traditionally relied on, but first. . . .

Oliver Stone’s new film “Snowden” is now out playing in the theaters.  It is a powerful, important, brilliant and spectacularly well-crafted film.  You’re likely to want to see it more than once.  It is also, to an amazing degree about relationships, the kind that can make this world work better and the kind of relationships that drag us into dank swamps.  Although the film can’t pass the Bechdel–Wallace test (a test which must involve two women talking- and there is only one important woman in the film) it may pass muster as a woman’s film in that Snowden’s girlfriend plays such a key role.  An extraordinary amount of what unfolds hinges on the intelligent management of the developing bonds of the couple’s relationship.  To balance that out, the film is also about male bonding, at least to the same extent that one might say the "The Godfather" is about that subject.

The film is, of course, centrally about Snowden’s disclosure, through carefully vetted news reporters, of the massive, illegal, very worrying over-surveillance of the US citizens and basically everybody else in the world as well.  The film should be viewed in tandem with the excellent “Citizen Four” that won the Academy Award last year for best documentary.  That’s especially recommended in a situation where sticking to the facts is so critical.

Despite what some might tell you, the film is far from glib about what are the views of those who probably have positions opposite to Snowden’s and it absolutely does acknowledge that knowing what actual terrorists might be up to is a seriously essential matter.  It does acknowledge that the government's surveillance equipment could be used to protect Americans.  It is therefore more devastating in its indictment when it points out that the country’s over-surveillance of the public is less likely to be about hyper-vigilance to prevent terrorism and more likely to be about other things, things such as military-industrial-surveillance complex boondoggle spending.*  There is also the problem of the secret unleveling of playing fields and for the benefit of whomever that may be.
(* If you want to consider this further, follow the money. . .  And there is a huge amount of money to follow.  The amount of money that flows through our military-industrial-surveillance complex, with all that implies, is mind boggling-especially if you consider that, statistically speaking, it is 82 times more likely for someone to be killed falling out of bed than by a terrorist.  The amounts and portions of our budgets that flow to the spy agencies is not transparent, with a significant amount of such spending in a so-called "black budget" component involving little oversight or check against potential waste.  Frontline’s "Top Secret America" while referring to the secret expenditure figures tells us: "Exactly how much money the NSA was spending in the years after 9/11 is one of the government's most closely guarded secrets. The agency's budget, like its work, is a state secret."  There are some sixteen or so different U.S. intelligence agencies.  The Guardian reported that, as of 2013, the government's "black budget" security agency spending had doubled over what was spent in 2001. But how precisely known these figures are has to be a guess as, for instance, the intricately related Pentagon's budget is very leaky and imprecise with trillions of dollars not properly accounted for on a recurring basis.  It is reported that the Pentagon controls 85% of the intelligence budget.  Budgets of other agencies, like the US Agency for International Development, are also leaky with amounts supposedly designated for other projects diverted to covert intelligence enterprises.  Then there have been the problems with off-budget spending with things like Iran-Contra arms sales or CIA drug trafficking generating unsupervised revenues.  In May of 2011 after the U.S. announced that it had killed Osama Bin Laden in a secret CIA-led operation- about which there are disputedstories- The National Priorities Project calculated that, as of that time, "in all, the U.S. government has spent more than $7.6 trillion on defense and homeland security since the 9/11 attacks."  Point of reference: a "trillion" is one million millions.  Notably, there was a significant increase in this torrential spending right after 9/11.  The National Priorities Project calculated that as of that May 2011, in adjusted for inflation terms, the Pentagon base budget- exclusive of the $1.4 trillion spend on the Iraq and Afghan wars- increased 43%, spending on nuclear weapons increased 21% and spending on "Homeland Security" went up 301%.  Prior to 9/11 there had been appreciable decreases in our military-industrial-surveillance complex spending with there being talk of still further reductions due to the expected"peace dividend" flowing from the demise of the Soviet Union.  Total expenditure figures continue to escalate at a fast rate since those 2011 calculations were done: For instance, the $365.9 billion figure the National Priorities Project gave for Homeland Security spending then it now states to have surpassed a total of $708 billion since 9/11 and the total cost of the wars we have waged since 9/11, exclusive of what is spent on the Pentagon base budget now exceeds $1.721 trillion, and just in the year of 2016 we have already spent about $1.1 billion on Predator and Reaper drones.  Put this in perspective of the entire national budget.  Offering its own calculation, the Friends Committee on National Legislationcalculates that of the $2.674 trillion “federal fund” budget, which is the spending supported by income taxes, estate taxes, and other general revenues- not the trust funds self-supported by dedicated revenue like Social Security- 37.5% is going to pay for the cost of current and past wars.  It's not clear whether their 37.5% figure includes surveillance expenditures.  The surveillance expenditures also flow through the economy in interesting ways.  Snowden revelations disclosed that security spending included the NSA's making huge payments to internet companies including Google, Yahoo, Microsoft and Facebook under the Prism program.  If properly calculated, these payments just reimbursed those companies for the cost of compliance with government surveillance requirements.  If not then. . .- Yahoo has recently been prominently in the news for the over-surveillance it did for the NSA.  Facebook, Instagram and Twitter were similarly in the news for such surveillance.  Thoughts on this? New York Magazine quips: "Facebook, Instagram and Twitter were shocked that law enforcement was using a company called Geofeedia to track their users. Only they're allowed to do that!"  As the main body of this piece will go on to make clear one thing that is key to remember about U.S. surveillance spending is that most of it is directed through what is officially the private sector.)
What has the Snowden movie got to do with the dismantling of our libraries as we know them?   It will become clear as we proceed, but first I can give you a hint: It is worthwhile to remember that it was librarians who offered the first successful challenge to the massive illegal over-surveillance of the public.  And now we proceed. . .

As the “Snowden” film nears its climax, the hitherto unknown Snowden is introduced on television screens around the world explaining that he is a employee of Booz Allen Hamilton a private firm contracted with the NSA.

Snowden’s revelations published beginning in June of 2013 acquainted many of us for the first time with the firm of Booz Allen Hamilton and what they do.  Within days we heard this on NPR’s “All Things Considered”:
AUDIE CORNISH, HOST:

Back in the U.S., the leaks have put a spotlight on the company Edward Snowden worked for. Booz Allen Hamilton is one of the largest private contractors that does intelligence work for the government. Its share of the work keeps getting bigger, and as NPR's Laura Sullivan reports, that worries some government watchdogs.

LAURA SULLIVAN, BYLINE: When you think of government cyber spying, it's easy to think of government employees of the CIA, FBI, NSA, the National Security Agency staring into computer screens, ferreting out foreign or domestic threats in nondescript office buildings. That's all actually true, except for the government employee part. These days, those employees are more likely than ever to work for government contractors.

    * * *

SULLIVAN: Booz Allen Hamilton is one of the largest government contractors in the country. It has 25,000 employees, nearly six billion in annual revenue and, for the most part, one customer: the federal government. Top officials familiar with the company told NPR that almost two-thirds of its work is now focused on intelligence- and defense-related contracts.

JAY STANLEY
[a senior policy analyst for the ACLU who focuses on technology and government.]: Booz Allen Hamilton is really an arm of the intelligence community.

They live on substantial government contracts. They have been involved with some of the most controversial federal surveillance programs in recent years. They have actually lobbied for increased information sharing. And if you look at their leadership and their staff, they are heavily made up of former military and intelligence officers.

    * * * *

SULLIVAN: . . . . The company is considered one of the most trusted government contractors specializing in cybersecurity and technical support. Company records say 76 percent of employees have government security clearances.
(See: Booz Allen Hamilton A Major Player In Intelligence Community, by Laura Sullivan, June 10, 2013.)

A few days after this “All Things Considered” piece ran, Bloomberg Businessweek had a cover story proclaiming Booz Allen Hamilton the most profitable spy company:  Booz Allen, the World's Most Profitable Spy Organization- How a consulting firm turned itself into the world's most profitable spy organization, by Drake Bennett and Michael Riley, June 21, 2013.  Essentially, although technically a private publicly traded company, Booz Allen is virtually indistinguishable from our government itself when it comes to surveillance, with as Bloomberg Businessweek said, the "federal government as practically its sole client."  The government's surveillance work is now carried out predominantly through `private' spy organizations like Booz: "About 70 percent of the 2013 U.S. intelligence budget is contracted out, according to a Bloomberg Industries analysis."

The Bloomberg Businessweek article describes "a classic public-private revolving door" between those officially working directly for the government and those working for these private companies (at higher salaries):
Name a retired senior official from the NSA or the CIA or the various military intelligence branches, and there's a good chance he works for a contractor-most likely Booz Allen. Name a senior intelligence official serving in the government, and there's a good chance he used to work for Booz Allen.
More specifically, from the reporting at that time, here are some of those on the “roster of intelligence community heavyweights who work there” and vice versa:
    •    Mike McConnell- Booz Allen’s Vice Chairman, was (coming straight from the private sector) President George W. Bush's director of national intelligence and, before that, director of the NSA.

    •    James Clapper- President Obama's top intelligence adviser-is a former Booz Allen executive.  He is also the one who lied before Congress about the extent to which the government was actually collecting surveillance data on the American public.

    •    Joan Dempsey- A former CIA deputy director works for Booz Allen and has called it the "shadow IC" (for intelligence community).
In 2008 Booz Allen, as Bloomberg Businessweek phrases it, Booz: "became a pure government contractor, publicly traded and majority-owned by private equity firm Carlyle Group."

The Carlyle Group was shifting its significant military-industrial-surveillance complex, involving things like munitions used in Afghanistan, more into the ownership of surveillance organizations.  Carlyle bought a number of other intelligence companies, including, for instance, in 2003, Carlyle bought QinetiQ, a British company with Pentagon contracts that used to be the Defense Intelligence research unit of the British military (reputedly the inspiration for James Bond's Q), but which was privatized and perhaps sold way too cheaply in the early part of the George W. Bush administration.

The Carlyle Group has been nick-named "The Ex-Presidents' Club"and called"one of the world's largest and most secretive investment funds."

More specifically, from the reporting at that time, the Carlyle Group has close ties to the Bush family, including as investors.  Carlyle employees have included:
    •    George Herbert Walker Bush- Former U.S. President and also a former head of the CIA.

    •    George W. Bush- Former U.S. President during 9/11 and the launching of ensuing surveillance under the PATRIOT act and the one who led us into the Afghan and Iraq wars.

    •    Frank Carlucci- the firm's chairman, was Ronald Reagan's defense secretary and a former deputy director of the CIA.

    •    James Baker- Former U.S. Secretary of State and Secretary of the Treasury under G. H. W. Bush and White House Chief of Staff to Reagan and G. H. W. Bush.  Baker was also chief legal adviser for George W. Bush during the 2000 election overseeing the Florida recount battle which wound up with Supreme Court decision installing Bush as president. 
    •    John Major- Former British Prime Minister (succeeded by Tony Blair).
The list goes on.  Baker and Carlucci are among the partners investing in Carlyle. And, until 9/11 Bin laden Family members were also important investors in the Carlyle Group.

Tim Shorrock, author of “Spies for Hire- The Secret World of Intelligence Outsourcing,” raises a basic question, opining that it is "an extremely dangerous trend" to allow sensitive operations, "in some cases operations we shouldn't even be doing," such as prisoner interrogations (torture like at Abu Ghraib prison) and renditions, to "become profit centers" in the American system of capitalism.

Does all of this seem so terrible that you almost feel like somebody really ought to stop you from reading about it any further?

Now to the dismantling of libraries. . . 

. . .  Scott Sherman’s 2015 bookPatience and Fortitude- Power, Real Estate, and the Fight to Save a Public Library revealed that in 2007 the New York Public Library hired Booz Allen Hamilton to advise and help oversee a "radical overhaul at the NYPL involving real estate sales, consolidation and fund-raising." Sherman says that "in consultation with with Booz Allen" the NYPL made the decision to sell three major libraries, the Mid-Manhattan Library, the Donnell Library and the Science, Industry and Business Library (SIBL).   In addition, the plan involved gutting the research stacks of the NYPL's 42nd Street Central Reference Library which held three million books, most of, and what was once the core of, its research collection.

The four libraries thus being dismantled were the four most important central destination libraries in Manhattan. SIBL was a state of the art library just completed in 1996 and the Central Reference Library has last been expanded in 2002.

While Sherman's mention of Booz Allen Hamiltion being hired describes the firm as "a gargantuan consulting firm that derives much of its revenue from U.S. military and intelligence agencies," he did not follow up on the implications of that passing statement.

Mr. Sherman's book was the culmination of work he had done writing series of articles about the library destruction that appeared in The Nation.  In the last of those articles, (The Hidden History of New York City's Central Library Plan- Why did one of the world's greatest libraries adopt a $300 million transformation without any real public debate? August 28, 2013) he expressed some anxious concern about what Booz was up to, but neglected to identify Booz as a spy agency, instead identifying it to readers of The Nation in alternative, if related, terms:
Finally, what was the role of Booz Allen Hamilton—the gargantuan consulting firm whose tentacles reach into the defense, energy, transportation and financial service sectors—which was hired by the NYPL in 2007 to formulate what became known inside the trustee meetings as “the strategy”?
If librarians were the first to successfully stand up and oppose the intelligence overreaching and if Booz Allen Hamilton “is really an arm of the intelligence community” involved with the federal government’s “most controversial federal surveillance programs in recent years” then why was Booz Allen Hamilton hired to help reorganize the New York Public Library's most important libraries?

One might expect that the intelligence community's reaction to being thwarted by librarians pushing back to resist the PATRIOT Act might have been a little like the intelligence community's reaction to Edward Snowden's questioning the scope of their surveillance.  What was the intelligence community's reaction to Snowden?  If you have been following it, it was harsh, but one example was Richard C. Schaeffer's reaction to Snowden at New York County Lawyers Association, "Government Surveillance and Privacy Have We Reached a Tipping Point," held June 11, 2015 . . .

“My opinion is one day Edward Snowden will rot in hell,” said Mr. Schaeffer.  The conference with panelists representing the spectrum of opinion involved the dissection of complicated and intricate national security law questions in what is normally fairly genteel `lawyer speak' so Schaeffer's remark really stood out and generated comment.  According to his bio Mr. Schaeffer, having moved on to become a V.P. of  Emerging Technologies & Markets at KEYW, was a former Senior Executive with the National Security Agency (NSA) with over 40 years total U.S. Government service, including 15 years as a member of the Defense Intelligence Senior Executive Service.

"Rot in hell" is the reaction after Snowden's revelations prompted all three branches to change course and, at least ostensibly, rein in the unchecked overreach on the collection of data on U.S. citizens?  Some of what was going on has already been ruled illegal by the judiciary and perhaps more will be in the future.  The Fourth Estate, the press, also became less quiescent and began doing a better job of covering these issues. Prior to Snowden's revelations all three branches of government (and with its quiescence much of the press) had blessed what was happening and the Executive Branch had publicly lied to Congress about the extent to which such collection was going on and because members of Congress there listening knew they were being lied to there was complicity in that lie to the American people.  It was only when there was transparency so that the public knew, that the three branches of government became accountable and changed course.

It is odd to think of calling for Snowden to "rot in hell," when you consider everything that Snowden had to give up in his life, and the extreme risk he subjected himself to, by coming forward with his revelations.  At the conference it was noted that, when it came to "motives" on the part of Snowden, venal motives did not apply: Money?- No, Power?- No, Career?- No. .  Even peculiar ideology?- No!.

Meanwhile, on the other side of the equation, the motives of people in the intelligence community do show up far too often as "money, money, money" and "career, career, career."  That's something one could say the privatization of spying for profit is all about.

In the Bloomberg Businessweek article about Booz Allen, Steven Aftergood, who heads the Project on Government Secrecy at the Federation of American Scientists, spoke about the way people in the industry are milking the revolving door for profit saying: "You have to have a well-developed sense of patriotism to turn that money down."  The article asserts that Snowden is an "anomaly":
What he did with that information-copying it, getting it to the press, and publicly identifying himself as the leaker-cost him his job and potentially his freedom, all for what appear so far to be idealistic motives. The more common temptation would be to use knowledge, legally and perhaps not even consciously, to generate more business.
Richard Shaeffer can be linked to Booz Allen through INSA, the Intelligence and National Security Alliance.  It was attendees of an INSA conference who in June of 2013 were reported to have been overheard saying that both Glen Greenwald and Edward Snowden should be disappeared.  See: INSA – How Money and Power Corrupts National Security, by Tim Shorrock, June 9, 2013.

More temperately, Mr. Shaeffer also said at the conference that he endorsed reactions to Mr. Snowden's revelations expressed by Robert S. Litt.  Although when he attended, Mr. Litt was General Counsel of the Office of the Director of National Intelligence he was participating in the discussion only in a personal capacity for educational purposes and not in his official capacity or for attribution of his remarks in such official capacity.

Mr. Litt said that while other people had changed their minds about what should be surveiled he hadn't and what he said indicated that he was thinking more constructively about how to go forward.  He averred that because of what he viewed as the serious damage of the Snowden leaks there was a need to rebuild capabilities, and that most significant was the loss of relationships with US companies so that work would have to be done rethinking the historic relationship of those companies assisting the government as good corporate citizens.

When the government surveillance establishment learned that libraries and librarians, at least many of them, were not going to cooperate in being turned into instruments of wholesale surveillance do we think that they weren't annoyed and that these government officials just turned away and went home?  Or do we think that they decided to put on their thinking caps and construct another way to skin the cat?  Hence the very odd, and otherwise almost impossible to explain decision to hire Booz Allen Hamilton, ""an arm of the intelligence community” involved with the federal government’s “most controversial federal surveillance programs in recent years” to help reorganize the New York Public Library's most important libraries?

What is different at the libraries these days?  Books have disappeared, more and more of them moved off site.  You have to request them electronically, and if you request them electronically. . .  Or you might settle for obtaining them digitally, oddly, a more expensive proposition for the library.  Perhaps you'd like to settle for the the more corporate-culture, elite media froth that, promoted, bubbles up most readily to the surface of the internet (and hope that "net neutrality" such as we currently experience continues into the future with nothing like the TPP to bring us a son-of-SOPA).  . . .  It has become increasing difficult to go into a library and study and learn by just browsing.  The librarians who can help you, especially the experienced librarians, longest there with a sense of history, are disappearing too.  (For instance, here is more of what's in store: the NYPL research libraries once employed 829 salaried employees and 366 hourly employees, but it was recently announced that they will soon employ only 460.)

In the case of the NYPL's once world class and esteemed 42nd Street Central Reference Library, millions of books that have disappeared from the library went to the ReCAP facility site in New Jersey where they are now entombed.  Because ReCAP shares space at Princeton University nearby the Forrestal Campus, a complex which has stringent federal security requirements as a laboratory devoted to nuclear fusion and plasma physics research, a public demonstration to protest the books' loss was effectively prohibited.  That's ominous. Meanwhile, at this location the library's own books are being consolidated into the collections of others at this facility and  there is "de-duping" of books, destroying or casting aside as not valuable what they refer derisively to as "artifactual originals.". .

. . .  It is worth noting that duplicate books do have a purpose.  After World War II many of Germany's books had been purposely destroyed by the government, lost to its libraries.  One way that German library collections could be reestablished, the books replenished, was because there were duplicate books made available to the libraries in Germany from libraries in Australia.

It would be nice to know that the bad news about dismantling libraries laid out above stops here.  It doesn't.  Libraries, as we knew them, are being dismantled or "re-imagined" without their traditional access  to books throughout New York.

There is good news, but only partial.  It is good that the NYPL plans in connection with which the spy agency Booz Allen Hamilton was hired did not proceed exactly as envisioned due largely to the organized opposition of community activists, including the Committee to Save the New York Public Library, of which I am a part and Citizens Defending Libraries of which I am one of the co-founders.  Citizens Defending Libraries was one of the plaintiffs, together with a group of high-profile scholars, that brought two of the three lawsuits that stalled, through the December 31st 2013 end of the Mayor Michael Bloomberg administration, the NYPL's Booz-imprinted Central Library Plan that was otherwise destined to dismantle Manhattan's three most important remaining central destination libraries, the 42nd Street Central Reference Library, the Mid-Manhattan Library and SIBL.

Unfortunately, by this time the esteemed Donnell Library had already been destroyed, plundered by the real estate industry with the NYPL receiving an appallingly small pittance as its eyewash to explain the dismal shedding of such an asset.  Also unfortunately, while the Mid-Manhattan Library is no longer slated for sale and while destruction of the research stacks at the 42nd Street Library has been prevented or at least forestalled, there are still plans to shrink the Mid-Manhattan Library and millions of research books have not been brought back to the Central Reference Library.  Over a million books are also missing from SIBL, much of its recently built research bookshelf space has been sold, and the NYPL persists in its plans to sell the exceptional and still extensive public space that remains at SIBL-  The consolidation to cram what remains of SIBL into its premises is what will shrink the current Mid-Manhattan.  Up through at least 2001, the end of the Mayor Giuliani administration, the NYPL's plan had been the reverse, to nearly double the size of Mid-Manhattan.

Meanwhile, the kind of odd dismantling transactions that Booz Allen helped inaugurate at the NYPL were being replicated elsewhere in the city, expanding to the city's other libraries and systems.  New York's libraries are entrusted to three systems that historically grew up separately: The Brooklyn Public Library is in charge of Brooklyn's libraries, the Queens Library oversees those of Queens, and the NYPL has responsibility for all the rest, those in Manhattan, the Bronx and Staten Island too.

At the same time a shrink-and-sink real estate deal was concocted that would extinguish the central destination Donnell Library was devised and launched, a virtually identical shrink-and-sink real estate deal (with an overlap of people in the background) was ginned up for Brooklyn's second largest and most important library, the central destination Brooklyn Heights Library in Downtown Brooklyn at the confluence of all the city's public transportation lines in that borough.  The library, greatly enlarged and fully upgraded in 1993 is, except for the BPL's main Central Destination library at Grand Army Plaza, probably the most up-to-date and capable in terms of modern computer support.  It is also a Federal Depository Library, part of a system essential to providing information to the public and archiving history about the federal government.

At a March 9, 2015 public meeting about the proposed Heights library destruction BPL president Linda Johnson nonchalantly dismissed my question about the library's Federal Depository Library function saying.: “I am not even sure exactly what you mean by a Federal Depository.”   That kind of outwardly cavalier attitude, albeit by a non-librarian (essentially a political agent) put in charge of the borough's libraries, should concern us about how readily the nationwide program could be compromised.

Early on in minutes of the BPL, and ultimately in statements made publicly by Linda Johnson herself, it was clear that the real estate strategy effecting the shrink-and-sink plunder of the Heights library, the consequent banishment of most of its books, was one that would be extended to all of the BPL's libraries, all of the BPL's "real estate," that for the BPL the assault on the Heights library was just the first maneuver.  In fact, when the shrink-and-sink Heights deal went before the New York City Council on November 18, 2015, Johnson was ready to proclaim that it would be viewed as a model for other deals throughout the city and in all three systems as Ms. Johnson testified at City Council’s hearing on the matter.  Days later, December 15, 2015, much the same was said as the City Council approval of the library sale triumphantly reported to the BPL's board of trustees, who were told that this was a “huge turning point for the library system” and “across the city in general” and that Johnson was `pioneering’ the future of libraries.

The BPL trustees were also told at an earlier meeting that its plans would be a model for other urban areas throughout the country.  Insight about the kind of shifts being encouraged alongside the real estate deals can be gleaned from what the BPL trustees were told more recently at a meeting February 23nd of this year, when they had described to them an "exciting""incubator" initiative, intended to have its librarians "change their roles"from being"information oriented,"using what they learned in "library school"because "the profession has changed, it's not about reference anymore."  Instead, with the initiative that senior staff hoped to "scale" up and "push the envelope," the senior staff leading the library was seeking to quell or "manage" librarian's "risk aversion," and have librarians learn"project management skills,"  how to build and run projects working with"partners"from the private sector (all the librarians tapped for the first cycle of this new training"had to identify a partner").  The trustees were told that this initiative was being worked on at the library by the following departments: Strategy (translate real estate), IT (information technology), Government Affairs and Public Service had been working on.

Activism by resistant community groups including Citizens Defending Libraries has impeded or prevented some of the more city-wide plans that Johnson spoke about: Previously announced as a top priority along with the Heights real estate deal, the BPL's sale of the Pacific Branch is not currently being openly pursued. The BPL and Spaceworks backed off on a privatizing shrinkage of the Red Hook Library, although the alarm about Spaceworks was not sounded early enough to prevent it from taking over the second floor of the Williamsburg Library.   An alerted Sunset Park Community has mobilized and is in a much better place to defend itself against previously secret plans to turn its library into a multi-use real estate project.

Still, the fact is that battles are likely to be lost and new aspects of the unfolding plans continue to surface. At each of its last two board meetings the NYPL revealed that another of its libraries was being targeted for real estate deals.  One library, subject of negotiations with Mayor de Blasio's administration, is an unidentified library in northern Manhattan, likely Harlem.  In 2008 information came out, although not specific about plans for what appeared to be another consolidating shrinkage in northern Manhattan.  The second library which has not been identified is, from information a NYPL trustee let slip, is apparently the Jerome Park Library in the Bronx. 

But it has been a long time since the spy agency Booz Allen Hamilton was involved in all this dismantling. . . Or has it been?

In 2011 and 2012 all three library systems, the NYPL, the BPL and the Queens Library, engaged Booz & Co in a consolidated hiring arrangement that involved City Hall and Mayor Michael Bloomberg's First Deputy Mayor Patricia Harris.  Over the course of two years, a slew of meeting's were held at locations like Gracie Mansion and City Hall with Booz & Co attended by Ms. Harris and the library heads and representatives.  The meetings were definitely to touch upon matters related to the library sales (to "right size operations") and the announcement of the Booz engagement to the BPL board was at at the same meeting where it received a presentation about the borough-wide real estate strategy, but the engagement of Booz as explained to the BPL board extended to more than that:
to increase efficiency . . to develop strategic cost-cutting measures . . . improve efficiency and generally improve service to patrons . .  find areas for collaboration amongst the systems to improve the operations and reduce the operating costs of all three [NYC Library systems].
The October 13. 2011 Queens Library minutes describe the contract being pursued with Booz & Co. somewhat similarly:
to study technical services operations for best practices and potential cost savings through shared services.
Those minutes disclose that while all three libraries paying for this engagement much of the cost of the Booz & Co. contract was being picked up by Bloomberg's City Hall and the Revson Foundation.
  
Now, before getting too excited about Booz & Co. assuming these functions in connection with an extension of reorganization of NYC libraries similar to and seeming flowing out of the NYPL Central Library Plan for which Booz Allen was responsible, it is necessary to make a technical distinction between Booz Allen Hamilton and Booz & Co.  Booz & Co. was created by Booz Allen Hamilton and spun off from it in 2008 when Booz Allen Hamilton was being acquired by the Carlyle Group.  So arguably it could said that Booz & Co., the acorn falling far from the tree, might not be expected to engage in the spy business.  More recently, in 2014, Booz & Co. has changed names again merging with PwC (PricewaterhouseCoopers) to form the consulting firm "Strategy&."  But Tim Shorrock, author of "Spies For Hire" also lists PricewaterhouseCoopers as a company known to have done work for the NSA.

So who exactly were the NYC library systems hiring back in 2011?  What kind of Booz?

BPL President Linda Johnson, explaining the hiring of Booz to her board February 8, 2011, told them that, "Booz came to BPL with extensive experience with libraries."  Was this "extensive experience"anything more than than the work Booz Allen Hamilton did for the NYPL when hired for the "radical overhaul at the NYPL"?  Similarly, the minutes say that when Queens Library President Thomas Galante met with his trustees in Executive Session (i.e. secret session) on April 28, 2011, reporting that he was meeting with Booz & Company about a possible future consulting agreement, the firm was described as having "been used by the New York Public Library and Brooklyn Public Library for public service staffing model assessments."

The minutes of the NYPL do not seem to ever refer to its engagement of Booz and Co. at this time to advise it either on "right-sizing" its real estate footprint or with respect to these other matters like digitizing or introducing a new focus on metrics.  Notwithstanding, in that 2011 period the NYPL was very busy selling the bookshelves that held over a million books at SIBL and selling the 42nd Street Annex, another major piece of book-holding real estate serving as an ancillary facility for the 42nd Street Central Reference Library.  The February 9, 2011 NYPL minutes do say this however, "Brooklyn is also engaging Booz Allen, [not Booz and Co.] which served as consultants in assisting NYPL to develop its new strategy.  Deputy Mayor Patricia Harris has called on representatives of each of the three library systems to attend a meeting on March 7 to discuss potential for collaboration"  (one of the multiple tri-li meetings held).
  
Searching the website of "Strategy&." the continuation of Booz & Co., there are no apparent references to expertise on the part of the firm or "extensive experience with libraries."   Who were the Booz representatives that showed up at various meetings?  Although there are frequent mentions of Booz & Co. in available documentation of the meeting of Booz & Co. as a company meeting with the three library systems (tri-li meetings- "tri-library system" meetings) the apparently low-profile individuals representing Booz never seem to get named in relevant documents the way that representatives from other companies do.  Perhaps more concerning given Booz Allen Hamilton's reputation as a spy agency, with proper searching, it is possible to pull up a reference to Booz Allen Hamilton having conducted a management study of the Library of Congress in 1996.

It ought to be possible to provide a great deal more information about the Booz & Co. contract the City Hall entered into with the library systems in 2011 by virtue of the Freedom of Information act request for such information we made of the Brooklyn Public Library in 2014, but the BPL has stonewalled, refusing to provide the information it ought to have made public about the contract.

The potential distinction between Booz Allen Hamilton as a spy agency contracting directly with the government to conduct espionage versus Booz & Co. as a consulting firm working only for the private sector and accessing information the government can only get its hands on through other means is an important one legally and and from the standpoint of perceptual optics.  In national security law there is something called the "third party doctrine" which holds that US citizens give up their expectation of privacy and protection from unreasonable searches under the Fourth Amendment with respect to information they willingly put into the hands of independent third parties.  Further, we think we have less to fear from private companies.  Since the private sector doesn't have the same capacity or arrest us or the same motives to target us (for things other than advertising), we a less likely to be perturbed when Google, not the government, roams streets around the US, and the world in general, collecting a comprehensive photographic catalogue of everything in our neighborhoods and "sniffing" unencrypted Wi-Fi traffic.

I have been asked by those suffering enormous frustration and bewilderment why the real estate shenanigans dismantling our libraries haven't been the subject of numerous and through investigations.  The rushed and secretive sale and shrinkage of the Donnell Library (with a subsequent "ratification" by the NYPL board) stank and looked like an obvious scam with only the merest pretense of an effective bid:  There were only two ostensible bidders on the secret scale and since both bidders were inevitably destined to be doing a coordinated real estate deal there was no real incentive for them not already to be acting in partnership.

The sale was kept confidential until the last possible minute.  It was finally announced publicly in November of 2007 only because, as a publicly traded company, the purchaser, Oriental Express Hotels Ltd., had to disclose the agreement within within four days of the execution of the transaction.  The NYPL was then prepared so that, when announced, the public relations firm of Howard Rubenstein, called the ''dean of damage control'' (for the powerful) by Mayor Guiliani, would be ready to handle the press which was furnished information that ultimately proved be a very inaccurate representation of the transaction.

There was also the Blackstone Group, its head Stephen Shwarzman on the NYPL board, then lurking in the background.

The extremely valuable five-story Donnell Library, almost 100,000 square feet across from MoMA on 53rd Street between Fifth and Sixth Avenues was sold for a pittance, netting the NYPL less than $20 million.  The penthouse in the luxury tower that replaced it was put on the market for $60 million and other apartments in the building are regularly sold for more than $20 million.  The luxury hotel component in the building was sold to the Chinese in a record-setting transaction for more than $230 million.

Yet when this was brought to New York State Attorney General Eric T. Schneiderman whose office regulates charities such as the NYPL and is supposed to prevent the kind of abuse that apparently occurred here and endorse other laws that would likely be pertinent here he had no interest in investigating.

One must wonder whether, when it comes to investigating library sell-off abuses, our local New York politicians are a bunch of gutless wonders.  New York City Public Advocate Tish James, who came into office promising to stand up against the abusive sell-off of public assets specifically citing libraries in particular has, nearly four years later, never stepped into the breach to use the powers of her office to that effect.

We buttonholed Comptroller Stringer just the other day and complained about his non-investigation of the library together with his failure to produce the BPL library audit he promised“I don’t investigate libraries,” he said.   We responded that his website, his press releases and public statements all represent that he does investigate corruption, fraud and abuse and the waste of city funds.  And Comptroller did produce an audit of the Queens Library where he went into details about much less significant matters, involving what were, comparatively, just a few dollars: How the former Queens Library head improperly used his library credit card to put gasoline in his other family members’ cars.

There is, however, apparently one criminal investigation: US Attorney Preet Bharara is understood to be investigating Mayor de Blasio's apparent pay-to-play hand-off the Brooklyn Heights Library.  Like the way that an effective and above-board bid process was apparently side-stepped with the Donnell Library to hand off the library real estate to a new owner for far less than its value, the Brooklyn Heights Library is being handed off for far less than its value to the public and is being given to a developer who was not the high bidder.

When the frustrated and bewildered ask about it, it is easy to account for the lack of investigation by our New York officials by blaming it on the usual suspects and say that it is all about the power and influence of the real estate industry on politicians through campaign contribution and otherwise.  That's no doubt part of it: the real estate industry in New York these days is regularly one of New York's most dependable villains.

But maybe something more is going on that can account for the strange absence of courage on the part of our local officials.  When it comes to surveillance by the government there is something called the "state secrets privilege."  When it comes to criminal conduct, fraud and abuse it can act as a "get out of jail free" card.  It can effectively halt both legal and criminal proceedings.  It allows the exclusion of evidence in legal proceedings based on assertions by the government (often enough, not true or justified) that proceedings involving the evidence might endanger national security.  If, without referring to that evidence, a plaintiff can't make their case a proceeding terminates.  If a defendant accused of misconduct, injuring another, or a crime can't make their case, without referring to that evidence, a proceeding terminates.

No doubt investigators and potential prosecutors are sensitive to the doctrine even in the earliest stages of inquiry and can be fended off.  The career of a US Attorney like Preet Bharara inevitably depends not only on his taking on corruption and major elected officials; it also depends on public perception that he is tough on terrorists. And it means weighing in on subjects like the government's surveillance and third party assistance in that regard.  It is frustrating how intricately connected this can all get.
   
Does this mean that if "national security" can be invoked and government surveillance is involved people can corruptly carve up and fire-sale our public assets like libraries with impunity?  Those involved with dismantling our libraries have certainly seemed to act like they have nothing to fear.  Unfortunately, one price we pay as the spending increases on surveillance and the dollars flowing out increasingly pervade the private sector is that transparency and oversight, the bulwarks against corruption, diminish. Notwithstanding, the state secrets privilege can be extremely problematic, but good investigators and prosecutors will do their best to make their case anyway even if it is more of an uphill battle. . .

Perhaps, given all these intersections, Preet Bharara is the perfect individual, with the perfect powers to be investigating these matters.  Perhaps not.  We shall see.  One bad thing about criminal investigations is that when they are underway the criminal investigators will never tell you what is happening or what to expect.  And I suppose, conversely, that one good thing about criminal investigations is that because they won't tell you, you can always, at least from the public's viewpoint, expect and root for the best to happen. That may keep the bad guys a little off guard.

Government surveillance is a national issue.  Can we expect, at least with libraries, something better from the next president?  Well, both candidates likely to win, the Republican and the Democrat, have connections to the NYC library real estate sales. . .

. . . The Brooklyn Heights Library is immediately adjacent to the Forest City Ratner owned building where Hillary has her national campaign headquarters.  The building is even, for development purposes, part of the same real estate development parcel as Hillary’s headquarters, thus constituting Hillary’s Forest City Ratner landlord a gatekeeper to the library sale, shrink-and-sink transaction.  Ironically perhaps, the library given the intersection of the streets where it is located, is the “Tillary Clinton Library.”  Hillary Clinton did not answer Citizen Defending Library calls to come forth and oppose this privatization of public assets.

. . . As for Donald Trump, remember that the shrink-and-sink sale of the Brooklyn Heights Library was modeled on the shrink-and-sink sale of the Donnell Library (with an overlap of the people behind both) and one of the principal financial beneficiaries of the secret sale of Donnell was Jered Kushner, Trump’s son-in-law and top campaign advisor.

Here is something to mull and wonder over, perhaps allowing us to conclude on a more heartening note?   It is so oddly coincident I would be remiss not to mention it.  On September 19, 2007, as the NYPL trustees were getting ready to sell Donnell and launch the destructive Central Library Plan, the trustees were thinking about the PATRIOT act-  Board Chair Catherine Marron brought it up her Chairman's report after telling the the trustees about a September 11, 2007 Celebration of Brooke Russell Astor.  She noted that  "an important opinion on the USA PATRIOT Act" had been handed down (September 7th) by NYPL Trustee Victor Marrero serving as United States District Court Judge Southern District of New York (appointed by Clinton in 1999).  . .

Judge Marrero's decision, in the same vein as another he issued, struck down controversial portions of the USA PATRIOT Act according to the Washington Post, ordering the FBI to stop its wide use of warrantless, secret"national security letters" (NSLs) to demand e-mail and telephone data from private companies.

He said in his opinion it was "the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values."  The FBI usually orders that the national security letters be kept secret, thus creating much the same impediment to policy-setting and/or in any way challenging these actions, that Snowden addressed because Americans didn't know that they were subject to surveillance and probably actually believed that they weren't.  Marrero said in his opinion:
The risk of investing the FBI with unchecked discretion to restrict such speech is that government agents, based on their own self-certification, may limit speech that does not pose a significant threat to national security or other compelling government interest
Well enough that that Judge and NYPL Trustee Marrero issued such an opinion for the protection of the public, but we must return again to the big unanswered question we are addressing here: Why was a top U.S. intelligence spy agency engaged for radical overhaul of libraries as we have traditionally known them?

Even if you believe that libraries should be re-envisioned so that they no longer constitute the zones of privacy as they traditionally were in the past, and instead become zones of surveillance, what about public debate of the related questions?  The reduced and restricted availability of knowledge?  The dumbing down of the American public?  (Could this presidential election cycle ever be more dumbed down than it is?)   What about resisting pressure to altering libraries in other ways that might be good for others, like those in the internet and tech industry, but not good the public?  For instance, as the NYPL trustees were considering how they would re-envision their key NYC libraries under the Central Library Plan they were cautioned by NYPL president Tony Marx about not treading into the territory that should be reserved for "Google" and "Amazon."

As Snowden made clear with his revelations, there can be no effective debate if the public doesn't even know what is happening.  In other words, there is a high price in our democracy for maintaining `perfect security' . . . . And we must ask whether that is, in fact, exactly what is going on here.

Too Close For Comfort? Real Estate Addresses- Blackstone, Booz Allen Hamilton, The Libraries & Bryant Park

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Here is a quick note, something to take stock of.  I invite readers to see what they can make of it.

At the end of last month I posted an article about how the private spy company Booz Allen Hamilton, regarded by experts as an “arm of the [United States] intelligence community,” with the “federal government as practically its sole client” was hired by the NYPL to overhaul its most important libraries in a scheme that entailed the sale and destruction of the Donnell, Mid-Mahattan and SIBL libraries and the central research stacks of the 42nd Street Central Research Library.

You should know, as background, that the U.S. contracts out the huge preponderance of its surveillance to private firms, and mainly to just a few firms with  Booz Allen Hamilton regarded as the colossus of those few.

In my article, (Snowden, Booz and the Dismantling of Libraries As We Know Them: Why Was A Private Government Spy Agency Hired to Take Apart New York's Most Important Libraries And Turn Them Into Something Else?- Sunday, October 30, 2016) I asked why a spy firm was hired in 2007 for a destructive reorganization of New York’s libraries when, only months before, in May of 2006, it was revealed that librarians had been fighting the federal government’s overreach of secretly taking PATRIOT Act surveillance into the libraries.  Subject to a perpetual gag order, it took years before what was going on was finally revealed to the public, and it was revealed only because the Connecticut librarians involved had finally won their fight.

In turning Noticing New York’s attention to the involvement of Booz and its motives in the dismantling of libraries I turned away, momentarily, away from Noticing New York’s previous major focus on the New York real estate industry’s push to plunder the libraries.

Perhaps I needn’t have: Here is an interesting connection that has surfaced linking the two.

A Noticing New York reader sent me information querying whether something the reader had found out wasn’t too close for comfort: That the spy firm Booz Allen Hamilton, like the NYPL’s prized 42nd Street Central Reference Library, is also located on Bryant Park.  It’s just across from the library.  As the park is not very big, that makes things very close.  Actually, the library itself is technically in Bryant Park, actually on and still part of that city-owned park land.  Something else many people don’t know: Most of the significantly diminished collection of books that are still at the 42nd Street Central Reference Library are actually under the park, in the park’s center connected by passageway underground.

Receiving the information I was able to make still one more important observation. . .

Because I had been paying attention to another thing, the Bryant Park real estate activity of Stephen Schwarzman’s Blackstone Group as the NYPL pursued its destructive Central Library Plan real estate plan, I noticed something else when Booz Allen Hamilton’s address (1095 6th Ave #25B, New York, NY 10036, aka 3 Bryant Park- occupying 12,000 square feet) was identified to me.  Blackstone (among many other things the world’s largest real estate investment firm) was Booz Allen Hamilton’s landlord. . . And Stephen Schwarzman?: He’s an NYPL trustee who was pushing for the destructive Central Library Plan.  (He is also the highest salaried man in America.)

For those who don’t know, Stephen Schwarzman’s name was put on the 42nd Street Central Reference Library (multiple times, five in all) in connection with the Central Library plan that removed its books and would have destroyed its research stacks.

Frankly, once I understood the importance of Booz in connection with the library dismantling, I  had already started researching for connections between Booz and other prime players in the library sell-offs, just as I had been looking out for connections between Blackstone and other principal players, like the connection between Blackstone and the NYC Comptroller’s office (we might hope that Scott Stringer has entirely terminated it) and Blackstone’s relationship with Senator Schumer, whose wife, Iris Weinshall, is now at the NYPL in charge of the NYPL’s continuing library real estate deals.

The potential possible connections between Booz and Blackstone were myriad, but not necessarily easy to find out about or discern if they were there.  Frankly, it hadn’t yet occurred to me that I should do some simple address checking.  Now that the landlord/tenant real estate connection is identified, what does it mean?  It could actually mean a lot of things.  It could also, if you want to ascribe it simply to coincidence, mean nothing really.

As it turns out the Bryant Park address, 1095 6th Ave #25B, New York, NY 10036, aka 3 Bryant Park, is being left behind by both Blackstone and Booz.. .

 . . . Blackstone sold the building, inking its deal in November 2014 (the Central Library Plan got substantially disrupted May 2014, partly through lawsuits in which Citizens Defending Libraries, of which I am a co-founder, was a plaintiff).

Booz is leaving the building (announced March 2016) to move across the street into 133 Avenue of the Americas (taking 23,000 square feet on the 28th floor, nearly doubling its presence), a Durst building, the Bank of America Tower, which is only a few feet shorter than the Empire State Building.  Technically the 1,200 foot tower is the fourth tallest building in New York City.  The building is another on the border of the park, looming over it.  It would be the third tallest building in the city except that another building crept in ahead to rank between it and the World Trade Center Tower: We have now built an ultra-tall 1,398 ft residential tower, 432 Park Avenue, one of the new unprecedentedly tall buildings claiming the skyline to cast long shadows on Central Park.

(The Durst tower is, however, about to be suffer another significant demotion that will make it seem to shrink by comparison.  Just down the block, going up next to Grand Central Terminal is the new One Vanderbilt tower, 1,501-foot-tall, being built where it will also tower over Bryant Park.)

It is impossible to say exactly what these coincidences may mean.  I present them here so that those who can do further research, or present information or insight they may already have, can do so. . . .

Does it concern you that the country’s largest private intelligence firm involved with a dismantling overhaul of NYC libraries sits so cheek by jowl close to the preeminent research library thus subject to its dictates, and, similarly, so close to Mid-Manhattan, Manhattan’s largest circulating library? . . .

 . . .  If it does then you are also likely to be creeped out by the fact that millions of books shipped out of the 42nd Street library implementing the plan Booz was hired for went to a site in New Jersey immediately adjacent to the Forrestal Campus, a complex which has stringent federal security requirements as a laboratory devoted to nuclear fusion and plasma physics research.-  Maybe the world of deep federal security has just become too omnipresent overall.

. . . . Whether coincidence or not, does it creep you out that the nation’s largest private spy corporation hired by the NYPL for a dismantling overhaul of our city libraries was simultaneously the tenant of Blackstone, the world’s largest real estate investment corporation (plus many other things) the head of which, Stephen Schwarzman, was on the board of the NYPL pushing for that same dismantling overhaul?

. . .   And then, as we become increasingly beleaguered by dominating big towers and their implications, there are those who will just be creeped out automatically to know that a corporation like Booz, the nation’s biggest private spy corporation, will be located in the third tallest office tower in the city.
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