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November 17, 2011

Whistleblowing and EDC: Culture and the Questionable Spirit In Which the State Agency Most Responsible For Atlantic Yards Wields Omnipotent Powers

Noticing New York

In a post that compares and contrasts the Penn State sexual abuse scandal and Atlantic Yards, Michael D.D. White explores the Empire State Development Corporation's shoddy record on compliance with state law.

Fully on notice about its noncompliance given my February 3, 2010 Noticing New York article, ESDC finally adopted the whistleblower policy it was legally required to on April 26, 2010 (i.e. also missing the March 1, 2010 deadline of the second law).

It was on the agenda for April 26, 2010 for administrative action as Agenda item #4. According to the minutes, when one of the board members asked, they were told that this was the first time the agency had such a policy but there is no mention recorded in the minutes or in the memo presenting the policy to the directors that the agency had been improperly without such a policy for many years.

JDA, ESD’s coadministered sister agency that was involved in issuing the (rather questionable) bonds for the Atlantic Yards Prokhorov/Ratner “Barclays” arena did not act to adopt the required whistleblower policy until more than a year after ESD, June 28, 2011.
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The responses I received after inquiries to the ESD press office inform me that the policies, since their adoption, have been essentially inert.

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Posted by eric at November 17, 2011 1:00 PM