Demanding Accountability from the Empire State Development Corporation
Two weeks ago we submitted a Freedom of Information Law (FOIL) request to the Empire State Development Corporation (ESDC) requesting a copy of a secret Memorandum of Understanding (MOU) between the ESDC, the Atlas Corporation, and the Hudson River Park Trust. ESDC's silence is unacceptable and it remains unclear why this document has not been forthcoming.
At a meeting on Friday, May 16, ESDC promised to send us the MOU the following Monday, May 19. They did not keep that promise. On May 21, we (ten elected officials) wrote to ESDC president Kenneth Adams, asking for the MOU. After another week went by without receiving the MOU or a response to that letter, we took the step of filing a Freedom of Information Law request, sent late on Friday, May 28. It is unacceptable that we should have to do this to obtain a document that we were promised a month ago and it is unacceptable a government agency has ignored a simple request like this but especially one made by a United States Representative, two State Senators, three members of the NYS Assembly, three City Councilmembers, and the Manhattan Borough President.
While ESDC responded to the FOIL request within five business days of receipt as of June 9, it was only to say that we would be notified of the results of its "search" within ten days. That tenth day was Friday, June 13th. And still nothing. This lack of responsiveness is extremely troubling and easily gives rise to conspiracy theories. What is in the document that the ESDC does not want us to see?
As elected officials we represent all New Yorkers, who have the right to know agreements that public agencies engage in with private developers. The Empire State Development Corporation must provide a copy of the MOU immediately.
Jerrold Nadler
U.S. Congressman
Daniel Squadron
NY State Senator
Brad Hoylman
NY State Senator
Deborah J. Glick
NYS Assembly Member
Richard N. Gottfried
NYS Assembly Member
Helen Rosenthal
NYC Council Member
Linda B. Rosenthal
NYS Assembly Member
Corey Johnson
NYC Council Member
Margaret S. Chin
NYC Council Member