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Brian Lehrer: Brian Lehrer on WNYC. We'll come back to the Trump verdicts, and more of your calls on that later in the show with Andrea Bernstein. It's not the only thing going on in the world, and we want to talk for a few minutes now about a local political situation that is growing more intense, the bad blood and competition for power between Mayor Eric Adams and the New York City Council.

Over the last month, there have been several contentious City Council hearings with representatives of the Adams administration culminating in a bill that Council was now considering that would grant the Council powers to approve many more mayoral appointees. Central to the division is City Councilmember Lincoln Restler of District 33, Boreham Hill, Brooklyn Heights, Brooklyn Navy Yard, Downtown Brooklyn, Dumbo, Fulton Ferry, Greenpoint, Vinegar Hill, and Williamsburg. What am I leaving out?

Earlier this month, he grilled Chief Citywide Equity and Inclusion Officer Silvia Montalban on the mayor's handling of two sexual harassment allegations against Tim Pearson, a longtime advisor and friend to Adams. Restler particularly questioned the role of Melody Ruiz, the Chief Equal Opportunity Officer for the mayor's office. We're going to play a 50-second clip of this because this became such a point of contention between the Council and the mayor.

Lincoln Restler: It's run by Ms. Melody Ruiz. She makes $201,071.

Female Speaker: Oh, pardon.

Lincoln Restler: She's the Chief EO Officer of the mayor's office, a longtime former Borough Hall staffer.

Female Speaker: Chair Restler, we know that to be the EEO Office for the mayor's office entities is how we at DCAS see it. We just see it as another agency that has an EEO Office that handles matters that pertain to mayor's office entities and the staff there.

Lincoln Restler: Do you think it's appropriate for a longtime employee of the mayor, dating back to his Borough Hall days, who worked for him for many years and got a large pay raise and promotion when he became mayor to be charged with investigating complaints against his closest allies?

Female Speaker: Chair Restler, I really can't comment on that because I don't have knowledge about that.

Brian Lehrer: Councilmember Lincoln Restler joins us now to discuss the division between the council and the mayor's office, as well as his legislation that seeks to give employees more time to file claims of workplace discrimination and harassment. Councilmember Restler, welcome back to WNYC.

Lincoln Restler: It's an honor to be with you.

Brian Lehrer: We just heard that clip of you questioning someone from the administration. Do you want to start us off by providing some context for listeners about what led to that line of questioning? How did the mayor's office handle the two sexual harassment lawsuits against Tim Pearson?

Lincoln Restler: I really appreciate you giving me an opportunity to share some more information about this, Brian. As a council member, as Chair of the Committee on Governmental Operations, I take my responsibility really seriously to provide oversight of this administration. It's clear that Mayor Adams and his team doesn't respond all that well to tough questions, whether it'd be from the council, from oversight bodies like the Civilian Complaint Review Board, or even from the press.

When we held this hearing on the administration's sexual harassment policy, I asked tough questions, like why is the mayor's close friend, Tim Pearson, still working at City Hall after widespread allegations of sexual harassment? Why is he still overseeing such a large staff, including female employees? Why is the city providing him with a taxpayer-funded lawyer in handling these cases of sexual harassment? Why did the mayor's office not properly investigate these claims of sexual harassment?

At the hearing, we were pushing for an independent oversight entity to investigate claims of sexual harassment that could be more removed from the politics that wouldn't be led by direct appointees of the mayor. The administration's response to these questions, to these issues, was to attack me and my credibility. I think that says a lot more about them than it does about me. This hearing all happened. It was a public hearing. It's online. You can watch it for yourselves. It's our job in the council to provide tough oversight and that's what my constituents sent me to City Hall to do. That's what we're going to keep doing.

Brian Lehrer: Why did you zero in on Melody Ruiz, the Chief Equal Opportunity Officer for the mayor's office? Because after the hearing, as you know, City Council received a letter from the mayor's office claiming that you "defamed and harassed her by calling her out by name and citing her salary on the record, and disparagingly referred to her as long-time former Borough Hall staffer". Obviously, you saw this letter sent by the mayor's legal council. What do you make of their interpretation of your questioning and the fact that they sent this in the first place to the council?

Lincoln Restler: I really appreciated that the speaker of the City Council dismissed this letter out of hand. The purpose of the hearing and the point that we were really trying to drive home is that when there are allegations of sexual harassment happening at City Hall, it's really important that there be an independent entity to conduct investigations to ensure that we get to the bottom of the case.

What became clear at the hearing and from the statements that have been made by the mayor's office is that we haven't seen a full and proper investigation of this case. Tim Pearson, widely alleged to have repeatedly and repeatedly and repeatedly sexually harassed his staff, is still working at City Hall. He hasn't received a slap on the wrist. He got a taxpayer-funded attorney. Ms. Ruiz was responsible for conducting this investigation.

I asked repeatedly about the name of the office in reference to what investigation had occurred, and as you could hear from the clip, the representative on the panel wasn't familiar with what I was referring to. It's our job to ask tough questions, and I'm not going to shy away from doing so. I think that the mayor's handling of this case sends a really terrible message to every worker in city government who has concerns about sexual harassment. Frankly, it sends a terrible message to the city of New York, and we still haven't gotten answers to the questions that we raised at this hearing.

Brian Lehrer: Mayor Adams indirectly addressed your line of questioning at that hearing in one of his weekly news conferences earlier this month. Here's 30 seconds of what he had to say.

Mayor Adams: Because you are a council person, it does not give you authority to degrade people and use your power to be disrespectful. There should be a level of decorum that's expected, as you question, and if that's normal behavior based on your observation, something is wrong.

Reporter: [unintelligible 00:07:27] NYPD following such decorum?

Mayor Adams: Yes, they do. I think we are the kindest and the gentlest and the most loving police department on the globe.

Brian Lehrer: You want to continue that conversation, Councilmember?

Lincoln Restler: The mayor seems to really bristle at oversight, at tough questions. I am really concerned about how these allegations of sexual harassment in his administration by one of his most senior aides has been handled. We should be asking hard questions and we deserve real answers. I hope that the mayor will focus on the substance of the issue that's at hand and give New Yorkers the direct answers that we deserve.

That's what we're trying to achieve through our oversight hearings, and I will continue to ask those tough questions. The reporter who, I think, made light of the comparison between the tough, direct, substantive questions that we ask in the council and the personal attacks that are waged by law enforcement officers of the NYPD on Twitter is really quite a stark juxtaposition.

Brian Lehrer: I don't think the reporter was making light. I think the reporter was asking a follow-up question, asking the mayor if his administration follows such decorum.

Lincoln Restler: I think [unintelligible 00:08:57]

Brian Lehrer: It was the mayor who said, we are the kindest and gentlest referring to the NYPD, and the most loving police department on the globe. We know some of the things that they've been using, their social media, to say about reporters and others recently.

Lincoln Restler: Exactly. I think that the reporter was trying to contrast tough oversight hearings with the unprecedented attacks that the NYPD leadership, the most senior officials in the NYPD, have been making against distinguished reporters, against members of the City Council. That's really dangerous when law enforcement officials are waging attacks against people in our communities. I'm really concerned about the way the NYPD has been acting. I'm pleased that the Department of Investigation has undertaken an investigation into their conduct because it's unacceptable.

Brian Lehrer: You haven't been in council that long, but is this different in your experience or in your understanding from what other mayoral administrations have done in terms of responding to the tone of aggressive questioning by city council members? We see what goes on in Congress. There have been hearings on things in Congress this year that have made so much news, and we see how sharp that questioning is. Is it new according to you, or according maybe to some of your colleagues who've been in council a lot longer to have the mayor try to be the tone police in this way?

Lincoln Restler: I've just served in the city council for about two years, but I did have the privilege of working in the previous two administrations and so I've spent over 15 years in city government. Just this week we had another hearing of my committee, and a representative from the mayor's office came in, read a statement, and then walked out refusing to answer questions. I cannot recall a time that the administration has refused to answer questions from the city council at one of our hearings.

It was unprecedented. In the last 20 years, the relationships between the mayor's office and the city council have been broadly collegial, constructive, focused on governing. There is a personal contempt that this administration seems to have for the council and the oversight role that we have to play, that I have found confounding.

Brian Lehrer: A few more minutes with Brooklyn City Councilmember Lincoln Restler, who has become the face, along with the speaker Adrian Adams, of the rising tensions and now power struggle between city council and the mayor. We can take a few phone calls for him at 212-433-WNYC, 212-433-9692. Bronwyn in Greenpoint who wants to ask about McGuinness Boulevard, we see you and you're going to be first in a minute, but I just want to make sure the listeners know, council member that speaker Adrian Adams put forth a bill proposing an expansion of the city council's powers, particularly the power to approve mayoral appointees.

Not everybody in the good government organizations is thrilled about this. There are two values here. One is the value of oversight, which is on the table to increase. The other is the power of mayoral autonomy to have with only the most-- what's the word? Maybe friendly level of advice and consent, except in extreme cases for the mayor to have the commissioners that the mayor wants. How do you think the public should understand this?

Lincoln Restler: I firstly just want to give real credit to our Speaker Adrian Adams, for introducing this legislation and for strengthening the role of the council and helping to ensure that we have the most capable people serving in important positions in city government. Basically, what the speaker's proposal would do is subject about 20 positions to a public hearing of the city council and a vote of the city council for them to be confirmed.

This will absolutely lead to more competent, more experienced, more ethical leaders serving in critical positions like Commissioner of Parks or Commissioner of Sanitation. In big cities across the country like Chicago, Los Angeles, Houston, majority of mayoral appointments are subject to approval by their city council. In our state government up in Albany, the state senate approves every agency head that the governor nominates to serve in her cabinet. At the federal level, the US Senate approves 1,200 nominations including every agency head to serve in a president's administration. We're talking about 20 important cases--

Brian Lehrer: And every federal judge.

Lincoln Restler: Indeed, every federal judge, and Senator Schumer has been doing a great job on that front, but what we're talking about here is something quite a bit more narrow. We're talking about 20 positions, and I think it's really helpful for a nominee who's going to serve as a commissioner to come in before a public hearing, answer questions, demonstrate that they have the knowledge and the values to serve our city admirably and that they're committed to working with the city council and the diverse stakeholders across our city. That's a positive thing. This is checks and balances at its very best, and I'm really excited to help Mr. Adams get this bill passed.

Brian Lehrer: One follow up question before we actually switch topics for a couple of minutes and take a phone call or two, why doesn't the bill include police commissioner, which is the most consequential appointment that a mayor can make by many accounts? Why did you leave that out?

Lincoln Restler: I think the speaker's position on this has been that this bill is a beginning. Currently, there are a small number of positions in city government that are subject to the advice and consent of the council. This bill expands it to about 20 more agency heads. If we can successfully implement this, then we should continue to expand it further and consider NYPD and other uniform first responder agencies. The legislation did not include those uniform first responder agencies I think in part to ensure that a mayor could swiftly appoint those people at the beginning of the term.

Brian Lehrer: Before we take a phone call, let me set up what I think the caller is calling about. I know your district includes Greenpoint, which will be virtually inaccessible via subway as parts of the G train will be shut down between July 5th and August 12th. There are disgruntled residents who will lose train service for a large chunk of the summer. Also in your district, parts of the Brooklyn Queens Expressway, the BQE will be shut down this weekend for repairs, and there's an issue on McGuinness Boulevard that Bronwyn in Greenpoint is going to bring up. You're on WNYC with Councilmember Restler. Bronwyn, hello.

Bronwyn: Hi, Brian. Thanks so much for having me and thanks so much to Lincoln and to both of you for all of your tough questions. I have so much respect and admiration. I'm one of the organizers for the Make McGuinness Safe Coalition in Greenpoint. We started a coalition with parents at PS 110 when a elementary school teacher was killed crossing McGuinness Boulevard, and he's just one of many who are killed and injured on that really dangerous, very short boulevard that divides our neighborhood.

We had, as Lincoln knows, a really robust safety plan proposed by the DOT to our community last year. They were committed to come and implement that by the end of 2023. Then in summer of last year, Mayor Adams walked that plan back and essentially canceled it when some of his donors, or I should say one of his donors reportedly objected and they did commit to come back and do some portion of the redesign in the spring.

It's now June. Practically, we've seen no work. We get no feedback from DOT, no responses to our questions and we're at a loss in the meantime. Like somebody's seriously injured on McGuinness Boulevard just about once a week. This is not an imagined danger. It's a real danger. I wanted to ask Councilmember Restler if he has any news on this from City Hall or DOT or any advice to us as organizers of what we can do to try and get this implemented. We have 10,000 signatures on a petition for the DOT safety plan, and the mayor has just blocked it.

Brian Lehrer: Thank you, Bronwyn. Council member?

Lincoln Restler: Bronwyn, first and foremost, I am enormously grateful and inspired by the organizing that you and so many of your fellow parents at PS 110 and so many of our neighbors in Greenpoint have done over the last three years in memory of Matt Jensen to organize and to demand that we finally Make McGuinness Safe. Your guess is as good as mine on where we are at this point. The mayor has changed his mind.

I don't know how many times over the course of this process. McGuinness is profoundly dangerous. It is less than a mile long but it is one of the most treacherous stretches in all of Brooklyn. The experts at DOT, the traffic engineers in the mayor's own administration have recommended a plan to reduce a lane of traffic in each direction. It is the right and necessary thing to do. Ten thousand neighbors in Greenpoint have signed a petition demanding safety on McGuinness Boulevard and the mayor has ignored us.

Brian Lehrer: Why, in your opinion?

Lincoln Restler: I think that Bronwyn got it right, that there is an influential business that has been very, very generous in donating to him over many years and that's been in his ear. His chief advisor, Ingrid Lewis-Martin has gone back and forth with me and tried to tell me that the 10,000 petition signers in support of Make McGuinness Safe are somehow fraudulent. We've sent the underlying data over to DOT of the people who have signed it with their addresses.

I've seen Bronwyn and other neighbors out at Farmer's Markets and Community Events every single weekend for years gathering signatures. I'm happy to debate the mayor and his team on the merits of this proposal any day, but they don't get to make up their own facts. We're going to keep fighting and pushing to make McGuinness safe. It is just too darn important to our community. The mayor claims that public safety is his number one priority, that it's paramount. Our community is demanding that he make McGuinness safe, and we really hope that he finally will listen to us.

Brian Lehrer: Just to circle back to our original topic, to finish up after your aggressive questioning of a mayoral aide on the question of harassment and discrimination against some employees. After that hearing, where you did ask tough questions, and then the mayor complained about it. City Council did pass your legislation that seeks to further protect employees from harassment and discrimination in the workplace. Do you see it making a difference in cases like the one you were describing before?

Lincoln Restler: Well, this is a really exciting bill, and I appreciate you highlighting it for listeners. Before we passed this bill, some of the biggest corporations in New York City like Northwell Health, or FedEx, were forcing their workers, even forcing job applicants to sign away their own rights by prohibiting them from suing their employer when an issue of harassment or discrimination or even violence in the workplace occurred.

It gave them only a six-month window to sue their employer after an incident happened. The city's human rights law is supposed to give people a three-year period to determine if they want to pursue litigation. It takes time to process and recover from an issue of harassment, to find a lawyer, to file a complaint. Some of the largest private employers in New York City were taking advantage of this loophole in the law. Our legislation closed it, and it ensures that whenever harassment or discrimination might occur in the workplace, you have three years to decide if you want to pursue legal action and hold your employer accountable.

Brian Lehrer: City Councilmember Lincoln Restler of Brooklyn, thank you for coming on with us.

Lincoln Restler: Thank you so much, Brian. It's an honor.

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