The Council lost, not Mastro: The sham confirmation process shames the members

US

This could have been an editorial endorsing Randy Mastro to be the top lawyer for the New York City government, called the corporation counsel. The timing of that would have made sense if the vote on Mayor Adams’ nomination of Mastro was going to be held this morning by the City Council’s Committee on Rules, Privileges and Elections and the full body to vote in the afternoon.

However, the panel’s 10 a.m. meeting has been “deferred.” But don’t misunderstand. The committee will never vote on Mastro, as he requested that the mayor withdraw his name from consideration.

He didn’t have the votes. There is no shame in that and it reminds us of when we were sitting next to the late Paul Feinman, then a Manhattan Civil Court judge. It was September 2005 at the judicial nominating convention of the Manhattan Democrats to select three candidates for state Supreme Court.

The convention was being held in the auditorium of PS 75 on the Upper West Side (that was before Mike Bloomberg correctly booted such partisan political events out of the public schools).

Feinman thought he could win. But then Assembly Speaker Shelly Silver walked in, striding all the way down to the front row where fellow delegates from then-64th district were sitting.

Silver wanted Marty Shulman to get the spot. Soon enough Feinman stood up and quit, giving the “it’s not my year speech,” almost choking up as he spoke. When he sat down, we asked Feinman if he was forced out and he said: “I can count.”

Feinman would make Supreme in 2007 and the even higher appellate division in 2012 and in 2017 be nominated and confirmed to the top court in New York State, the Court of Appeals.

If Mastro didn’t have enough support, that is how things work. But he never had a chance.

The Aug. 27 hearing wasn’t just limited to the committee’s 11 members. While panel members Joe Borelli and Rafael Salamanca were absent, the others acted in unison under Chair Keith Powers and Speaker Adrienne Adams. One after another they laid into Mastro: Diana Ayala, Justin Brannan, Gale Brewer, Selvena Brooks-Powers, Amanda Farías, Crystal Hudson and Pierina Sanchez.

At one point after a brief break, Powers said: “In the name of time and respect for the public, I want to continue to move our hearing along.” Yes, yes, more knives to be stabbed into Mastro.

Then came Public Advocate Jumaane Williams. And then non-committee members Lincoln Restler, Shekar Krishnan, Jim Gennaro, Carmen De La Rosa, Oswald Feliz, Rita Joseph and Alexa Avilés. Only near the very end, which came after 8½ hours, did two of the Council’s Republicans, Joann Ariola and Vickie Paladino, have a few non-hostile exchanges with Mastro.

When all the members were done, Mastro wanted to respond to the onslaught, but Powers said “I think we have the information we need.” Indeed, they had the info before they started.

Still gracious, Mastro said: “I want to thank the Council. Please look at my entire record, open your hearts and your minds. Give me a chance.” More like fat chance.

The Council now wants the power to confirm an additional 20 agency commissioners. After the Mastro farce, that should not happen.

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