Albany Times Union (Sunday)

Cuomo and hardball tactics

Intimidati­on, sexual harassment allegation­s now coming to light

- By Brendan J. Lyons and Edward Mckinley

The phone rang just before midnight Jan. 11, 2012. The caller, Howard B. Glaser, who was Gov. Andrew M. Cuomo’s bellicose director of state operations, had learned that the U.S. Environmen­tal Protection Agency had just filed comments unfavorabl­e to the state’s impact studies on hydrofrack­ing.

Glaser was on a mission to have the EPA analysis rescinded before the midnight deadline for public comments expired. At that time, the Cuomo administra­tion was on a path to approve the controvers­ial natural gas drilling technique in New York — a position that would be reversed months later. Judith Enck, then the regional administra­tor for the EPA’S Region 2, which includes New York and New Jersey, answered the call.

“This was not your gardenvari­ety threatenin­g someone: He was asking me to withdraw a public document that we had submitted,” said Enck, who took detailed notes of the call and shared them with the Times Union. “I know the Cuomo crew is rough-and-tumble, but to say unless you withdraw this document I’m going to destroy you — that entered a whole new zone. The call was very abusive.”

Enck, who said Glaser also

threatened to take his fight with her to the media, has never publicly disclosed her account of the incident until now. It was one of several encounters, she said, in which top Cuomo staffers tried to intimidate or silence her when she was the EPA’S regional administra­tor.

Enck is not alone: Cuomo’s allegedly menacing style has been spotlighte­d in the past week since Democratic state Assemblyma­n Ron Kim, a critic of the Cuomo administra­tion’s handling of nursing homes during the pandemic, came forward and said the governor called him personally and threatened to ruin him.

Now, as the administra­tion is facing allegation­s of sexual harassment against Cuomo — including a second former aide’s claims reported by the New York Times on Saturday — and an FBI investigat­ion of the alleged mishandlin­g the state’s COVID -19 crisis in nursing homes, the governor’s political Teflon shows signs of corrosion, with lawmakers, journalist­s and former staffers coming forward to describe a culture of bullying and intimidati­on involving Cuomo and his inner circle.

Enck’s account also reveals the muscle that Cuomo’s administra­tion is known for flexing secretly — including alleged threats to destroy someone’s career or reputation — if they stand in his way on an issue or dare criticize his policymaki­ng.

On Thursday, as Cuomo’s office scrambled to deal with a former aide’s allegation­s that Cuomo had kissed her without consent in his office and engaged in a pattern of what she described as sexual harassment, his longtime friend and confidant, Steven M. Cohen, convened an abrupt conference call with reporters and sought to justify the governor’s tough-guy demeanor.

“He demands excellence and he requires that those around him perform. It is an operation and has always been an operation that wants to serve the people and do it appropriat­ely and to the best of our abilities,” said Cohen, who was once the governor’s secretary and has held other leadership roles for him.

“And he has never shied from that and he has never shied from giving those around him and those who are working for him in his administra­tion accurate, blunt feedback,” Cohen said. “It doesn’t mean he’s always right, but he has his opinion and he shares it with you. And that is not for everyone ... and it can be bruising to people.”

But many believe the intimidati­on goes too far, and that there should be an investigat­ion of the sexual harassment allegation­s against Cuomo by an outside entity, insulated from the governor’s influence.

‘A New York kinda way’

Enck said that Glaser’s demands on that January night included that she call the White House and her supervisor — at nearly midnight — and explain to them how she was “f__ing the governor” politicall­y. She said Glaser also warned that “there were things that the (Obama) White House had been asking them to do,” and that her actions were threatenin­g the relationsh­ip between the two administra­tions.

Glaser’s ties to Cuomo went back more than two decades: They worked together when Cuomo was President Bill Clinton’s housing secretary in the 1990s and then state attorney general starting in 2007. A year after Cuomo was elected governor in 2010, Glaser came on board as director of state operations and remained with the administra­tion until 2014.

“I don’t recall the conversati­on,” Glaser said of Enck’s account. “If Judi feels I crossed the line in the heat of the moment on a hard-fought issue, I regret doing so.”

The following day, Enck said, she received a call from Robert F. Kennedy Jr., who served on a fracking advisory board convened by Cuomo — his former brother-in-law. Kennedy apparently wanted to console her for the difficult call she had received from Glaser the night before.

“Bobby wanted me to tell him if Howard continued to be a problem to let him know — like I’m a damsel in distress,” she said. “But here was the real purpose of the call: He wanted to know what I was planning on doing about the midnight call. … I told him I was very disturbed by the call and was reflecting on what, if anything, I would do about it.”

That same day, Enck, who consulted a private attorney about Glaser’s alleged threats, said she also took a call from the leader of a national environmen­tal group, who had inexplicab­ly learned about her call with Glaser and wanted to offer support. Like Kennedy, Enck said, the person asked, “Are you going to do anything about it?”

Near the end of 2015, as the state’s mishandlin­g of an environmen­tal disaster involving contaminat­ed drinking water in Hoosick Falls came to light, Enck said Cuomo’s administra­tion, which often complained about her to the White House and top EPA officials in Washington, D.C., had convinced the agency’s leaders to silence her. It came, she said, after she had demanded the state health department stop telling residents in the Rensselaer County community that their water — which was polluted with a toxic manufactur­ing chemical — was safe to drink.

“The Cuomo press office was peddling the idea it was the EPA who screwed up,” she said. “Hoosick Falls was heating up at the same time Flint, Mich., was heating up. The Cuomo people were getting very nervous, particular­ly about comparison­s to Flint. They called EPA Washington and I wouldn’t stop working on it, but … the concession they got was that I would not speak publicly on the issue anymore. … They did not want me talking to reporters.”

Richard Azzopardi, a Cuomo senior adviser, disputed the claim that the governor’s administra­tion had a role in silencing Enck.

“We’re not the federal government and the Obama administra­tion owed us nothing. If her supervisor­s asked her to do something different, that was their decision,” he said. “The state was the entity that stepped in and fixed the water crisis and continues to be working with the community closely to monitor the water supply and hold accountabl­e the corporatio­ns that caused this contaminat­ion in the first place.”

The administra­tion’s hardball tactics also crossed paths with Enck’s office in 2014, she said, when a special counsel to Cuomo, J. Alexander Cochran, was livid that the EPA’S regional office would not give “comfort letters” to prospectiv­e tenants of the former Kodak Park in Rochester. The state’s efforts to revitalize the business park that was afflicted with contaminat­ion hinged on absolving new companies of any liability for the pollution there.

“They wanted a liability waiver, and we said no,” Enck said. “So then it became this unbelievab­le conflict with the governor’s office and with (the state Department of Environmen­tal Conservati­on).”

In an email from Cochran to two staff members in the EPA’S regional office, the Cuomo aide — who is still with the governor’s administra­tion in Washington, D.C. — threatened that they needed to get the matter out of the EPA Region 2 office and deal directly with the EPA administra­tor — and, if that was unsuccessf­ul, with Obama’s White

House directly.

“He demands excellence and he requires that those around him perform. It is an operation and has always been an operation that wants to serve the people and do it appropriat­ely and to the best of our abilities.”

— Steven Cohen, longtime Cuomo friend and confidant

“Now is the time to jump in and save the day before we go crazy,” Cochran wrote. “It’s about to get uncomforta­ble for everyone in a New York kinda way.”

Cochran did not respond to a request for comment for this story.

Azzopardi said Cochran was “frustrated by the red tape that was preventing this project — which converted a blighted brownfield into an economic engine for the entire region, and history has been on our side.”

He noted the revitalize­d business park, “thanks to this administra­tion’s efforts has grown from 28 companies in 2011 to over 110 companies with more than 6,600 jobs.”

Enck said the encounter was not unique in her interactio­ns with Cuomo’s office. “He creates that culture, (but) it’s not just him,” she said. “I mean, Howard Glaser felt emboldened to make that phone call because of the culture in the office.”

‘Gird your loins’

The recent revelation­s about Cuomo’s intimidati­on of political adversarie­s — including in his own party — took a dark turn last week when Lindsey Boylan, a former administra­tion aide, published a personal essay that elaborated on her allegation­s from late last year that Cuomo runs a toxic workplace and sexually harasses women. Boylan alleged that Cuomo, during a flight on the governor’s plane, asked her to play strip poker; that he kissed her on the lips without consent at work in 2018; and that he singled her out with other inappropri­ate remarks.

Boylan, who is running for Manhattan borough president, embedded in her post an email from 2016, when she worked for Cuomo, in which another staffer said Cuomo had commented that Boylan looked like an ex-girlfriend of his and that they “could be sisters. Except you’re the better looking sister.”

When Boylan came forward in December with her initial allegation­s against Cuomo, the Times Union reached out to about 30 women who had worked for the governor.

The governor’s senior staff quickly became aware of that effort, and reached out to the newspaper repeatedly to ask about it, pointing to other sources of their choosing who might speak on Cuomo’s behalf. A few women who used to work for the governor and who had not been contacted by the paper also reached out to a Times Union reporter to offer their favorable perspectiv­e of working for Cuomo.

Many of those not recruited by the administra­tion, however, described experience­s marked by pervasive abuse and bullying. The portrayal of Cuomo seemed particular­ly harsh among female former staffers who have since left New York politics, juxtaposed against those still in the game who portrayed the demanding workplace as intense but virtuous.

One compared the environmen­t to a high-pressure law firm or financial outfit in Manhattan, saying staffers were frequently screamed at or belittled by senior staff.

Cuomo often singled out a particular male junior staffer for verbal punishment, according to one source, and she said she overheard someone tell him, “Gird your loins — he wants to see you” when he was summoned to Cuomo’s office.

“If the advance team got something wrong or there was something out of place in the order of events, or he thought he was going to be speaking at a certain time and then wasn’t, Cuomo would scream at whoever he thought was responsibl­e,” said the former staffer. “And sometimes it wasn’t the person responsibl­e; it was, like, the person easy to yell at.”

“You can never say ‘no’ to the governor — that’s just not a word he understand­s,” said a second source. “We are all still working this out in therapy. It’s true.”

That second person said it was also drilled into new hires never to put anything in writing that could be politicall­y harmful to the governor — and to ensure reporters couldn’t access the records through the state Freedom of Informatio­n Law. If someone spoke out of turn, the person said, it was widely known that the governor and his staff would “make sure you would never work again in the state of

“If the advance team got something wrong or there was something out of place in the order of events, or he thought he was going to be speaking at a certain time and then wasn’t, Cuomo would scream at whoever he thought was responsibl­e. And sometimes it wasn’t the person responsibl­e; it was, like, the person easy to yell at.” — Former Cuomo staffer

New York.”

Also, senior staff members were known to be more aggressive and have the propensity to yell at staffers even more than the governor would, former aides said.

“There was always yelling throughout the entire (Executive) Chamber in my time there, and I always think that it started from the top,” the second person said. “I mean, that kind of culture has to start somewhere.”

She said staffers were given Blackberry phones, and senior aides — particular­ly Cuomo’s former Executive Deputy Secretary Joseph Percoco, who is serving six years in federal prison for bribery and corruption charges related to his official position — would frequently hurl them around the office out of anger.

“Walls would literally shake because people were being yelled at so hard,” this woman said. “At one point, a television fell off the wall.”

The administra­tion’s preference for Blackberry­s — a penchant that endured long after the smartphone­s faded in popularity — drew rampant speculatio­n.

Law enforcemen­t sources have privately scoffed at the Chamber’s decision to use the devices, which are often favored by drug dealers because they have a secure messaging system that bounces between cell towers rather than between computer servers — and accessing those records requires issuing subpoenas to Blackberry, a Canadian company that has resisted turning over that informatio­n to U.S. authoritie­s. (An aide to Cuomo, speaking on background, recounted that Glaser had allegedly dropped his government­issued Blackberry in a large glass of water before departing the administra­tion in 2014.)

Azzopardi, who has worked for Cuomo for more than eight years, described some of the accounts, including any coordinate­d efforts to conceal their communicat­ions, as “ludicrous.”

‘He’s a tough boss’

All of the female former staffers interviewe­d by the Times Union requested anonymity to speak for the story, except one: Abbey Collins, now a communicat­ions director for the Metropolit­an Transporta­tion Authority — an entity controlled by Cuomo. She said her “network” had encouraged her to contact the Times Union.

“There’s definitely ups and there’s definitely downs,” said Collins, who left the administra­tion in 2018 to work on Cuomo’s second re-election campaign. “He’s a tough boss. It’s a tough job, but it’s the place that I’ve learned the

most.”

Asked whether Cuomo personally yelled at junior staff, she said, “Again, I think that the governor is a tough boss and he has high expectatio­ns.” Asked again to clarify whether she knew of the governor berating aides, she paused for about 10 seconds and said she never witnessed him yelling at staffers.

At the end of the call, she said, “I know I paused for a while, but I was just racking my brain and you have my answer on that.”

Generally, former employees spoke of the governor personally in positive tones. They said he is remarkably intense — which he has acknowledg­ed — and that he holds people to a high standard.

They also noted he was prone to outbursts of anger. But they also said that he was kind in little ways that they found meaningful.

“I did find the governor to be largely, you know, really respectful of me. He did seem, in his own way, to be concerned that we were having fun, that we liked our work,” one source said, pointing to a habit of Cuomo’s to invite junior staffers onto his private elevator if they were boarding at the same time. “I think he really did want in his kind of larger, kind of kinder soul, ... to be happy and didn’t want things to go poorly.”

One source — who worked for many years in a senior role with the governor and who also proactivel­y contacted the Times Union — said, “I can tell you that I personally never heard him raise his voice.”

Notably, Cuomo had lashed out at a reporter publicly about a month before the call with that source. When other sources were asked to respond to the claim that a senior staffer had never heard

the governor raise his voice, they laughed. “That is ridiculous,” one said.

“I would definitely say it’s demanding and a highpressu­re work environmen­t… not everyone is cut out for that kind of demanding, high-pressure work,” said another person. “But I wouldn’t question that someone would perceive it as bullying.”

Azzopardi acknowledg­ed the governor has at times been “impatient with partisan politics and disingenuo­us attacks.”

“The people of this state have known and given the governor their trust for the last 14 years have heard him and looked into his eyes during the darkest period,” he said.

“We have a top-tier team — many who have been here for years and others who left and then returned — and the governor is direct with people if their work is subpar because the people of New York deserve nothing short of excellence from us.”

There’s definitely ups and there’s definitely downs. He’s a tough boss. It’s a tough job, but it’s the place that I’ve learned the most.” — Abbey Collins, former Cuomo staffer

Billionair­e Warren Buffett encouraged investors to maintain their faith in America’s economy and the businesses his Berkshire Hathaway conglomera­te owns in a reassuring letter to his shareholde­rs Saturday.

Buffett hardly addressed the coronaviru­s that has ravaged many businesses, instead focusing on the long-term prospects for the railroad, utility and insurance businesses and stocks that belong to Berkshire Hathaway. But he said U.S. business will thrive over time in spite of the pandemic.

“In its brief 232 years of existence, however, there has been no incubator for unleashing human potential like America. Despite some severe interrupti­ons, our country’s economic progress has been breathtaki­ng,” Buffett wrote.

Buffett’s annual letter is always well read in the business world because of his remarkably successful track record and his knack for explaining complicate­d subjects in simple terms.

But he didn’t offer much explanatio­n for why Berkshire hasn’t made a major acquisitio­n in several years or discuss the company’s recent major new investment­s in Verizon Communicat­ions and Chevron.

“The one thing that caught my eye about the letter was sort of what it didn’t have,” CFRA Research

analyst Cathy Seifert said. “I think what was notable was the fact that given everything that’s gone on in this country from the pandemic to all the social unrest to the social inflation and climate change that’s impacting the insurance industry. It was striking to me that none of that was mentioned in the letter.”

Buffett, a longtime Democrat, largely avoided politics in the letter but he did express faith in the future of the country.

“We retain our constituti­onal aspiration of becoming ‘a more perfect union.’ Progress on that front has been slow, uneven and often discouragi­ng. We have, however, moved forward and will continue to do so. Our unwavering conclusion: Never bet against America,” he said.

Buffett said Berkshire’s $120 billion stake in Apple is one of its most valuable assets — rivaling its BNSF railroad and Berkshire’s utility division — even though it owns only 5.4

percent of the iphone maker, hinting at a longterm commitment to the Apple investment.

Buffett said one of his biggest investment­s last year was the $25 billion repurchase of Berkshire’s own shares. But even after that and several multibilli­on-dollar stock market investment­s in the second half of last year, Berkshire still held $138.3 billion cash at the end of 2020. Edward Jones analyst Jim Shanahan said it’s significan­t that Buffett is investing that much in his own stock.

In addition to the letter, Berkshire said its fourthquar­ter profits grew 23 percent to $35.8 billion, or $23,015 per Class A share, even though the pandemic continued to weigh on most of its businesses, which include BNSF railroad, several major utilities, Geico insurance and an assortment of manufactur­ers and retailers. Most of the gain over last year’s $29.2 billion, or $17,909 per A share, was related to paper gains on the value of its investment­s.

Buffett maintains that Berkshire’s operating earnings offer a better view of quarterly performanc­e because they exclude investment­s and derivative­s, which can vary widely. By that measure, Berkshire’s operating earnings increased by nearly 14 percent, to $5.02 billion, or $3,224.74 per Class A share. That’s up from $4.42 billion, or $2,714.76 per Class A share, a year earlier.

The four analysts surveyed by Factset expected Berkshire to report quarterly operating earnings per Class A share of $3,413.01.

One of Berkshire’s hardest-hit businesses last year was aviation parts manufactur­er Precision Castparts, which lost a significan­t amount of business because airlines struggled due to the pandemic. Buffett, who took a nearly $10 billion writedown on the value of Precision Castparts last year, said he made a mistake when he agreed to pay $32.3 billion for that business.

“No one misled me in any way - I was simply too optimistic about PCC’S normalized profit potential,” Buffett said. “Last year, my miscalcula­tion was laid bare by adverse developmen­ts throughout the aerospace industry, PCC’S most important source of customers.”

Buffett also reassured his stockholde­rs that he has no plans to retire. The 90-year-old investor said one of Berkshire’s mostexperi­enced managers had retired at the “ridiculous­ly premature retirement age” of 103.

 ?? Seth Wenig / Associated Press ?? Lawmakers, former staffers and journalist­s describe a culture of bullying and intimidati­on involving Gov. Andrew M. Cuomo and his inner circle.
Seth Wenig / Associated Press Lawmakers, former staffers and journalist­s describe a culture of bullying and intimidati­on involving Gov. Andrew M. Cuomo and his inner circle.
 ??  ??
 ?? Will Waldron / Times Union ?? Judith Enck, former U.S. EPA regional administra­tor, left, David Bond, associate director of the Center for the Advancemen­t of Public Action at Bennington College, center, and Howard Freed, former director of the state Health Department’s Center for Environmen­tal Health, in 2017 to announce a survey of three communitie­s contaminat­ed with toxic chemical PFOA.
Will Waldron / Times Union Judith Enck, former U.S. EPA regional administra­tor, left, David Bond, associate director of the Center for the Advancemen­t of Public Action at Bennington College, center, and Howard Freed, former director of the state Health Department’s Center for Environmen­tal Health, in 2017 to announce a survey of three communitie­s contaminat­ed with toxic chemical PFOA.
 ?? Paul Buckowski / Times Union archive ?? Howard Glaser, Gov. Andrew Cuomo’s director of state operations and senior policy adviser.
Paul Buckowski / Times Union archive Howard Glaser, Gov. Andrew Cuomo’s director of state operations and senior policy adviser.
 ?? Houston Cofield / Washington Post News Service ?? Warren Buffet, chairman and chief executive officer of Berkshire Hathaway, is urging investors to bet on America.
Houston Cofield / Washington Post News Service Warren Buffet, chairman and chief executive officer of Berkshire Hathaway, is urging investors to bet on America.

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