Albany Times Union (Sunday)

Freeze gets a shrug at top

Agency set rules for hiring during crisis; Cuomo ignored them

- By Chris Bragg

As New York’s budget deficit ballooned this spring, state budget director Robert Mujica sought to dramatical­ly slow spending by imposing a “strict” freeze on all hiring by state agencies.

In his April directive, Mujica laid out clear rules for agencies wishing to break the freeze: They needed to receive approval from the Division of Budget by showing why the position could not be filled internally and explaining how the new employee was “essential to protect health and safety” amid the COVID-19 pandemic. Yet by August, Gov. Andrew M.

Cuomo’s office had hired four veterans of Democratic presidenti­al campaigns at a combined taxpayer cost of $567,000 in annual salaries.

In doing so, the Executive Chamber largely ignored the formal process that Mujica had laid out, according to records obtained by the Times Union through a Freedom of Informatio­n Law request.

In the case of two well-paid speechwrit­ers hired by Cuomo’s

office, the formal written approval from the DOB didn’t come until more than three weeks after they had come on board. A key promotion was made in Cuomo’s office without any waiver approval at all, despite another Mujica mandate.

And in memos to Mujica’s office that were supposed to justify why each exemption to the freeze was necessary, Cuomo’s office offered little of the informatio­n required. Instead, the Executive Chamber turned in identical, one-sentence boilerplat­e for each proposed hire.

Despite those deficienci­es, the DOB has routinely approved Cuomo’s hiring requests.

Over the summer, Cuomo’s office placed an ad seeking to hire an individual to promote “the accomplish­ments of New York State to the public.” On Aug. 7. the governor announced the hiring of Stephen Silverman, who had previously worked as a consultant for the Clinton Foundation, where he focused on “amplifying the achievemen­ts” of former President Bill Clinton. Silverman had also advised Michael Bloomberg’s 2020 presidenti­al campaign.

On Aug. 17, Silverman joined the state payroll as a $150,000-a-year employee in the governor’s office. In late August, the Times Union published an article questionin­g Silverman’s hiring, and filed an open records request seeking the waiver allowing it. But his hiring wasn’t formally approved by Mujica’s Division of Budget until Sept. 9.

That’s despite the fact that in April, Mujica had stated that new agency hiring was not allowed

unless “authorized by the DOB.”

In addition, Mujica’s directive stated that agencies could not add new employees unless the reason for each hiring was “individual­ly justified” in paperwork submitted to the budget office.

“Agencies must provide compelling justificat­ion to support these requests and discuss the consequenc­es of non-approval,” Mujica wrote.

But the justificat­ions Cuomo’s office submitted to DOB seeking to hire Silverman and the three other operatives contained only a single 20word sentence, which was identical in all four memos: “Filling this position is essential to the administra­tive operations of the Executive Chamber and

the core mission of the agency.”

The paperwork from Cuomo’s office provided no informatio­n to DOB about why the positions were necessary to “protect public health and safety,” Mujica’s stated standard.

If Cuomo’s office had described the full natures of the positions in writing, it might have been apparent they were not truly necessary.

The paperwork from Cuomo’s office listed the “titles” of the proposed hires, though those bore little resemblanc­e to their actual duties. When Cuomo announced Silverman’s hiring, he was identified as the governor’s new “senior communicat­ions adviser for speechwrit­ing and strategic messaging.” But in the pa

perwork submitted to DOB, Silverman is listed as an “administra­tive assistant.”

Mujica’s April memo stated that agency waiver requests were required to “demonstrat­e” that the proposed hire’s work could not be done by “existing staff.” The paperwork submitted by Cuomo’s office contained nothing on that topic.

Yet despite all these deficienci­es, all four Cuomo requests to hire the political consultant­s were approved.

A Division of Budget spokesman, Freeman Klopott, justified the hires by saying that communicat­ions specialist­s are especially necessary during the COVID-19 pandemic.

“There’s no question that clear communicat­ion with the public has played a critical role in New York’s response to the pandemic,” he said.

Kloppott said staffing changes in Cuomo’s office had required the administra­tion to move nimbly to fill key posts. At times, hires and their required waivers were “approved verbally” by the DOB, Klopott said.

“Sometimes the paperwork just takes time to catch up,” Kloppott said.

Klopott declined to say, however, if that meant the budget office had verbally approved the hiring of Silverman and another speechwrit­er, Daniel Kadishon, before they joined the state payroll Aug. 17. As with Silverman, Kadishon’s hiring wasn’t formally approved in writing by DOB until Sept. 9.

Mujica’s directive in April said nothing about DOB verbally approving hires, but did say that agencies were “required to provide a written justificat­ion” for “requested” hires.

Klopott declined to comment on the dearth of informatio­n in the Cuomo waiver requests, and why they were still approved.

While the Cuomo hirings are only a blip in an $8 billion budget deficit this year, they come at a time when Cuomo is requiring sacrifice from others. State workers were denied promised raises, and state agencies have been directed to slash

spending. Cash-starved local government­s and school districts have seen their payments cut, and nonprofits serving society’s most vulnerable have been denied state funds.

The hirings also raise questions of a double standard. Asked if agency hiring requests beyond the Executive Chamber’s were being treated with the same leniency, Klopott said DOB was in “constant discussion­s with all of the agencies regarding staffing needs.”

Mujica, a former top aide for state Senate Republican­s, was appointed by Cuomo in 2016 and has accumulate­d unusually broad powers for a budget director. He has regularly appeared beside Cuomo during daily COVID-19 news briefings. The hiring freeze and other measures have decreased state spending by more than $4 billion so far this year, and Mujica has emphasized an attitude of fiscal vigilance.

“One dollar spent in one place is $1 not spent somewhere else,” he said in a May interview with City & State magazine. “Resources are finite.”

But E.J. Mcmahon, research director at the fiscally conservati­ve Empire Center for Public Policy, said in August that the Division of Budget has little independen­ce from Cuomo’s office.

“This is a case of the governor just doing what he wants,” Mcmahon said of Cuomo hirings. “The message is, ‘Do as we say, not as we do.’”

Over the summer, Cuomo’s office also placed an ad on Linkedin seeking a new speechwrit­er. The ad placement came ahead of Cuomo’s primetime speech at the Democratic National Convention.

In August, the Division of Budget refused to tell the Times Union if a speechwrit­er had indeed been retained.

And in response to the Times Union’s open records request, DOB last week did not include any record of such a hiring — until the Times Union pointed out the improper omission of Kadishon.

Indeed, according to state payroll records provided by Comptrolle­r Tom Dinapoli’s office, Kadishon was hired on Aug. 17 as a $130,000-a-year “special assistant” in Cuomo’s office.

According to his Linkedin profile, however, Kadishon is a “senior speechwrit­er” in Cuomo’s office. He previously worked on Hillary Clinton’s 2016 speechwrit­ing team and spent nearly five years working for New York City Mayor Bill de Blasio.

The two other political operatives hired this year by Cuomo, Laura Montross and Marquita Sanders, were approved in writing by DOB before they joined the state payroll.

Montross is Cuomo’s new “deputy communicat­ions director for policy and issue advocacy,” but is listed in payroll records as a $117,000-a-year “administra­tive assistant.” Most recently, Montross worked as a director of women’s outreach for Bloomberg’s 2020 Democratic presidenti­al campaign.

Before that, Montross worked for three years as a principal at Kivvit, the political consulting firm founded by a close Cuomo advisor, Maggie Moran, who served as Cuomo’s 2018 campaign manager.

Sanders most recently worked for U.S. Sen. Cory Booker’s unsuccessf­ul presidenti­al campaign, where she was director of scheduling and the “advance” work necessary to prepare for the New Jersey Democrat’s political events. Before that, she worked in the Obama administra­tion.

Sanders is now Cuomo’s assistant secretary for scheduling and operations, earning $170,000 a year, according to payroll records that identify her as “deputy secretary to the governor.”

Meanwhile, after Cuomo’s communicat­ions director Dani Lever recently left for a job at Facebook, Cuomo’s senior deputy communicat­ions director, Peter Ajemian, was promoted in August to fill Lever’s position.

As with new hires, Mujica’s April memo stated that internal promotions also require a waiver approval by DOB.

But in response to the Times Union’s open records request, DOB failed to include a copy of any waiver allowing for Ajemian’s promotion.

Several months after the promotion, DOB spokesman Klopott said the waiver paperwork approving it is “being processed.”

While not publicly announced by Cuomo, the administra­tion in May hired Matthew Mcmorrow as his statewide director of LGBTQ affairs. Mcmorrow works in Cuomo’s office, according to his Linkedin profile, but his $115,000-a-year salary is being paid by the Department of State, where he is listed in payroll records as a “citizens services representa­tive.”

The Department of State’s waiver request to DOB was even briefer that the line used in the four other applicatio­ns: “Waiver needed to fulfill mission of Governor’s Regional Representa­tive Program.”

Once again — and with no written justificat­ion for breaking the hiring freeze — the Division of Budget signed off.

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 ?? Will Waldron / Times Union ?? Gov. Andrew Cuomo, Health Commission­er Howard Zucker, far left, Budget Director Robert Mujica and special council and senior adviser Beth Garvey, far right, seen in March. Few words were used in waiver requests to the Division of Budget to justify new staff for Cuomo’s office in the midst of a hiring freeze.
Will Waldron / Times Union Gov. Andrew Cuomo, Health Commission­er Howard Zucker, far left, Budget Director Robert Mujica and special council and senior adviser Beth Garvey, far right, seen in March. Few words were used in waiver requests to the Division of Budget to justify new staff for Cuomo’s office in the midst of a hiring freeze.

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