| A few years ago when Aubrey Lees became chair of Community Board 2, she appointed two committee chairs that seemed to the GVBA to constitute a “conflict of interest.” In one instance, Bob Rinaolo who owns the Garage Cafe was appointed chair of the Business Committee that hears new applications and renewals for liquor licenses — the NY State Liquor Authority (SLA) makes the final decision. The GVBA wrote to the NYC Conflict of Interests Board and asked for an opinion. In early 2003 Mr. Rinaolo decided to open a roof top cafe at the Garage. This alarmed residents in nearby buildings who envisioned that that noise and smells from the cafe would invade their homes. Other residents were concerned that if such an application were approved, an unwelcome precedent would be set, and that the Village could prepare for an onslaught of rooftop cafes. Many residents who attended committee hearings were surprised that an applicant could chair the committee hearing his own application. Although Mr. Rinaolo would probably recuse himself in the discussion and refrain from voting on his application, there seemed to be an appearance problem. After several contentious meetings and delays Mr. Rinaolo decided to forgo his rooftop cafe; indeed, no formal application to the State Liquor Authority had been made. Some people was left confused as to why this issue appeared on the committee’s agenda. Why was the community alarmed and inconvenienced for a unfiled application? In early summer, the GVBA received — more than 2 years later — a ruling on its “conflict of interest” query. The Board ruled that, indeed, Mr. Rinaolo’s appointment did represent such a conflict. The ruling was forwarded to the new chair, James Smith, who deemed that this was an advisory opinion, and he preferred to ignore the advice. The chair of an advisory body (CB2) refused to heed the advice of another “advisory” body (the NYC Conflict of Interests Board.) The GVBA understands, however, that the NYC Conflicts of Interest Board’s ruling is not advisory, but compelling and binding. In other words, Mr. Rinaolo — who has served in that capacity for more than two years — may not chair the Business Committee of CB2. Yet, he continues to do so, despite the GVBA’s request that the Manhattan Borough President’s Legal Officer, Denise Outram, should offer appropriate legal advice to CB2’s current chair. Is justice delayed justice denied? |
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