Judge confirms Democrat's seat on NUMC board; maintaining 7-7 impasse

                                                                                

Nassau University Medical Center

A Nassau Supreme Court judge yesterday declared that Democrat Ann Kayman "was properly and duly appointed" to serve as a director on the board of NuHealth, the public benefit corporation that runs the Nassau University Medical Center and related facilities.

The decision seals a 7-7 Democratic-Republican split on the East Meadow hospital's governing board, maintaining an impasse in a political power struggle that has raged over NUMC -- with its many contracts and jobs -- since Republican County Executive Bruce Blakeman took office a year ago.

Justice Randy Sue Marber, a Democrat cross-endorsed for re-election in 2020, yesterday affirmed the temporary restraining order she issued last March that found Kayman had been properly appointed by former Democratic County Executive Laura Curran just as she left office in December, 2021.

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

When Marber issued the temporary order last March, she also blocked Blakeman's appointment of Centre Island financial adviser and contributor Matthew Bruderman to take Kayman's seat and serve as chairman of the board, replacing Curran's appointed chairman Edward Farbenblum.

Blakeman argued that Kayman's appointment was illegal because Republican Warren Zysman's term on the NUMC board had not yet expired when Curran replaced him with Kayman. He also contended Kayman had not signed her oath of office card within the 30 days required by law.

But Marber ruled yesterday,  in the lawsuit filed on behalf of Kayman by former Democratic legislator David Mejias,  that Zysman's term had expired and that Kayman's tardiness in signing the oath of office card could be attributed in part to NUMC general counsel Meg Ryan, who delayed in providing Kayman the oath of office card and the "onboarding packet" given to all newly appointed members.

Marber also pointed out that the Democratic majority in Albany passed a law that seemed intended to make Kayman's appointment legal.

 It said: 

" Notwithstanding any law, rule, or regulation to the contrary,
any officer appointed to a county position in the state of New
York as of December 15, 2021 through January 31, 2022, who failed to take or file their oath of office or official undertaking within the statutory prescribed period shall be permitted to continue to serve in such capacity for the duration of their term upon the taking and filing of their required oath of office or official undertaking consistent with sections 10 and 11 of the public officers law within 30 days of the effective date of this act. Such officers appointed to a county position who take and file their oath of office or official undertaking shall be deemed to have been continuously serving in office as of December 15,2021 or the date prescribed by their appointment through January 31, 2022. This act shall take effect immediately"

Blakeman responded to Marber's first temporary order by implementing a workaround, using the Republican-controlled legislature to install Bruderman as chairman. 

Then Blakeman filed ethics charges against Farbenblum, who was the apparent source of many news stories about the inner workings of the board.

Newsday reported that Blakeman claimed Farbenblum "failed to file required financial disclosure forms; sought 'preferential hiring' of a former business associate; failed to 'execute direct oversight of NHCC's [Nassau Health Care Corporation] financial management'; failed to 'maintain confidentiality of attorney client communications'; and aided 'litigation filed against NuHealth' by another board member. 

Farbenblum denied any wrongdoing but resigned.

Abelove and Lisa Daniels took up the fight, with Abelove publicly accusing Ryan of malpractice. He voted with Democratic board members to fire Ryan. (Coincidentally, Abelove, who ran unsuccessfully against Republican Don Clavin for Hempstead Town supervisor in 2021. at the same time moved up in the Nassau Democratic party heirarchy, becoming a vice chairman and hosting numerous Democratic events.)

But Blakeman and Bruderman maintained the Democratic directors did not have the authority to fire Ryan and she continues in her near $500,000 a year job.

Ryan and Blakeman at NUMC holiday party (from Blakeman Facebook page)

Bruderman, meanwhile, threatened to "mow down" trustees who stood in his way  while making numerous other politically incorrect comments as he fought for his job. He promised to fix the finances at NUMC, which has always been on the verge of bankruptcy, but it continues to bleed money.

And the 7-7 split, with Democrats failing to show up for meetings, has left Bruderman essentially powerless, without a quorum.

As state law states "No action shall be taken by the board of directors except pursuant to the favorable vote of a majority of the board at a meeting at which a quorum is present."

Pretty cut-throat, right? 

But the partisan fighting should not be too much of a surprise because county Democrats lost control of nearly all sources of political patronage after they were routed by Republicans in the 2021 November elections.

Except for the hospital, which has always been a rich trove of contracts and jobs for whatever party holds the majority.

More important, there doesn't have to be a 7-7 split.

State law says there shall be 15 voting members, not 14. 

That means somebody holds the key to breaking the impasse and taking control by making a new appointment.

Is it Blakeman? Hochul? 

Oddly it appears to be the legislature's Minority Leader Kevan Abrahams (D-Freeport.)

See Section C in the state law governing NUMC:

"1.(a) There is hereby created a state board to be known as the Nassau health care corporation which shall be a body corporate and politic constituting a public benefit corporation.

(b)The corporation shall be governed by fifteen voting directors, eight of whom shall be appointed by the governor as provided in paragraph (c) of this subdivision, three of whom shall be appointed by the county executive for initial terms of two years, and four of whom shall be appointed by the county legislature for initial terms of three years.

(c)Of the eight directors appointed by the governor, two shall be appointed upon the recommendation of the county executive, three shall be appointed upon the recommendation of the majority leader of the county legislature, one shall be appointed upon the recommendation of the minority leader of the county legislature, one shall be appointed upon the recommendation of the speaker of the assembly and one shall be appointed upon the recommendation of the temporary president of the senate."

So now we wait to see what Abrahams does. Or if Blakeman figures out another workaround.

                                                                              

Kevan Abrahams