The Kelly Conflict
November 8, 2010
New York City’s Conflict of Interest Law seems pretty straightforward.
And it appears that Police Commissioner Ray Kelly has violated it.
The law “prohibits public servants from using or appearing to use their City positions for their own personal benefit.”
It continues: “To comply with the law, you cannot use your City position to gain any private advantage for yourself…”
Over the past eight years, as this column reported, the New York City Police Foundation has paid more than $12,000 to cover Kelly’s dues and meals for guests at the Harvard Club,
Kelly has refused to disclose, even to the Foundation, who these guests were.
Over the past four years, as this column reported, the Police Foundation has also paid $400,000 to a publicist, whose job has been to get Kelly favorable media coverage and to introduce him to the rich and famous. All this as Kelly considered a run for mayor in 2009 and may be considering another run in 2013.
Former Mayor Ed Koch, for one, says he believes Kelly will run. The publicist, Hamilton South, remains on the Foundation payroll, earning an annual $96,000 fee, plus expenses.
In accepting these Foundation freebies, Kelly seems to be encouraging the very behavior he prevented other police-friendly organizations from doing.
Returning as police commissioner in 2002, following Bernie Kerik — who so blatantly accepted gifts that he is now serving four years in federal prison — Kelly seemed almost saintly in refusing to tolerate the slightest appearance of impropriety.
He was so sensitive to appearances that, in December, 2002, he bailed out at the last moment from a dinner honoring Chief of Department Joe Esposito, which was hosted at the Pierre Hotel by The Finest Foundation, one of the smaller police-friendly groups on the department’s fringes.
Not only did Kelly refuse to attend, he barred all the top brass from attending.
The Finest Foundation was forced to cancel the dinner. It lost its $10,000 deposit to the Pierre plus $39,000 in non-refundable expenses.
Kelly’s stated reason for bailing out was that the Finest’s invitations offered $5,000 tables for a “Lieutenant’s Package;” $25,000 tables for a “Chief’s Package” and $50,000 tables for a “Commissioner’s Package.”
As Kelly explained to the Foundation, “The invitation to the event raises a number of concerns, including the appearance that access to ranking law enforcement officials would be guaranteed based on the level of contribution.”
Now, eight years later, what has happened to Kelly?
He seems to have been “using or appearing to use” his city position for his own personal benefit, via the Police Foundation, at the Harvard Club. He also seems to have been “using or appearing to use” his city position to seek access to the city’s elite while considering a run for mayor. Those elites are potential political contributors for him.
In those eight years, something else has changed. With no one at City Hall reining him in, Kelly appears to have taken control of the Police Foundation.
He has forced out its longtime executive director, given his wife a non-paying role, created a police scholarship in his name, and convinced the foundation not to speak publicly for itself but instead to have media queries answered by the police department.
In that regard, he seems to have used, or appears to have used, his city position to turn the Police Foundation into a professional slush fund for himself.
KELLY, SAFIR AND KERIK. Two cases involving former police commissioners may prove instructive in determining whether the current commissioner has breached the city’s ethical guidelines. The two cases may also prove instructive in determining whether the city will actively pursue a case against him.