Amidst NUMC fights, at least one appointment appears valid

                                                                             

Matthew Bruderman (left) and Bruce Blakeman

Nassau Democrats have been fighting over control of the Nassau University Medical Center ever since Republican Bruce Blakeman became county executive on Jan. 1.

Democrats last month challenged Blakeman's appointment of new NUMC board chairman Matthew Bruderman to replace board member Ann Kayman, who was appointed by former Democratic County Executive Laura Curran in December.

Though a court temporarily blocked Blakeman from replacing Kayman, the county executive did a workaround with the Republican-controlled legislature to put Bruderman back on the board as chairman. This week, according to Newsday, Blakeman filed notice of charges to remove the former hospital chairman, Ed Farbenblum, another Curran appointee.

The partisan fighting is not too much of a surprise because county Democrats lost control of nearly all sources of political patronage after they were routed by Republicans in last November's elections.

Voters in North Hempstead, Glen Cove, Oyster Bay, Hempstead Town and Nassau County all elected Republican leaders. Democrats still control Long Beach,  but they are independent Democrats, not party loyalists.

So all Nassau Democratic party has left is a 4-3 Democratic control of the North Hempstead Town Board, where Democratic board member Veronica Lurvey has boldly attempted to act as the proxy supervisor over newly elected Republican Jennifer DeSena.

And then there's the county public hospital in East Meadow and related facilities.

On paper, NUMC is run by a public benefit corporation and is supposed to be devoid of politics.

But the hospital for decades has been is a rich trove of contracts and jobs for whatever party hold the county executive office because the county executive names the chair person and can sway the appointments of a majority of the 15 voting board members. 

Curran, who publicly touted transparency, secretly pushed though three appointments to the NUMC Board before she left office in December to ensure Democrats remained in control of the hospital. She appointed lawyer Ann Kayman on Dec. 17 and convinced the governor, Democrat Kathy Hochul, to appoint two losing Democrat candidates, Jason Abelove and Lisa Daniels.

Breaking with tradition, Curran didn't announce the public appointments nor did Hochul.

NUMC did not announce the appointments nor respond to Freedom of Information requests in January asking about the appointments. 

The Nassau County Clerk, the usual repository of all county records, referred inquiries about the appointments to the govenor's office.

This week the state responded to a Freedom of Information request for Curran's recommendation letters, Hochul's appointment letters, and any associated oath of office cards.

New York law requires all appointed and elected officials to file oath of office cards within 30 days of beginning their terms with the appropriate authority. Failure to file results in the office automatically being vacated.

State records show that on  December 8, Democrat Curran asked Democratic Hochul, whose re-election bid has been strongly supported by Nassau Democratic and state chairman Jay Jacobs, to appoint Abelove, who just lost his bid to unseat Republican Hempstead Town Supervisor Don Clavin.

On December 17 -- the same day Curran appointed Kayman to the board -- she asked Hochul to appoint Daniels, who had just lost her bit to defeat to incumbent Republican Legis. Howard Kopel of Lawrence.

Hochul's appointments are dated Dec. 28, three days before Blakeman took office.

The fight over Kayman, who is represented former Democratic Nassau Legis. David Mejias, is continuing in Supreme Court.

Blakeman's lawyers are asking Justice Randy Sue Marber to dismiss Kayman's case, arguing that she failed to file her oath card within the 30 days required by law.

Court documents show Kayman filed her oath card with the county clerk in February, after being appointed in December.

                                                                                  

Curran's appointment of Kayman "lapsed, by operations of law, by the failure to file the required oath of office," the county argued. "Upon this failure, again by operation of law, the seat to which petitioner claims to have been appointed, became vacant."

There is an argument that NUMC board member oaths should actually be filed with the secretary of state, rather than the county. But Nassau is not making that argument.

It is also unclear if Kayman also filed with the state.

However, state records did provide a copy of a the timely oath of office filed by Daniels.

                                                                           

The state records show that NUMC general counsel Meg Ryan filed Daniel's oath of office with the state.

The NUMC dispute includes the board firing Ryan at its last meeting, but Bruderman contends they did not have the authority fire her.  

Still unknown is whether Abelove filed the appropriate oath within 30 days and where he filed it.

Here are Curran's recomendation letters and Hochul's appointment letters: