At the April 23, 2019 Community Board 10 Health Committee meeting when I tried to speak on an item of old business, CB 10 member Bob Bieder got up and said "you can't talk" I said this is where the public can speak. CB 10 member Bieder came back with "this meeting is just like a City Council meeting and you can't talk there." I replied that I was a community board member for six years, Vice-Chair of two committees, then Chair of a committee, as well as being on the By-Law Committee when my board did major revisions to its By-Laws. CB 10 member Bieder then called out for the CB 10 District Manager to silence me. However the chair of the committee said that she wanted to hear what I had to say, and I spoke.
I then lodged a complaint in writing to the Bronx Borough President's office the next day, and received conformation on May 2, 2019 due to the fact that Mr. Tom Lucania was on vacation. In the letter included was the fact that I had noticed certain other procedures CB 10 was doing which I felt to be improper.
At the May CB 10 full board meeting then CB 10 Chair P. Sullivan said that the board would be going into Executive Session to discuss a disciplinary matter about one board member, and asked if I wanted the board to discuss my complaint. CB 10 Chair Sullivan said that I could not come into the Executive Session, and told me that CB 10 was doing a revision of its By-Laws to strengthen its disciplinary code, and suggested I wait until that was done by CB 10.
The following transpired - Jun 10, 2019, 3:46 PM
CB 10 Chair to the Borough President's office
Mr. Robert Press is upset that we canceled our Executive Board meeting, where we were to hear his complaint against Bob Bieder. I assured him that his complaint would be heard before the end of the month, if it is not heard at the next full board meeting. Here is the sticky part, Mr. Press does not believe or want his complaint to be heard in Executive Session, he wants it out in the open. Our by-laws state that complaints or grievances are to be heard in Executive Session, please advise.
Regards, Chairperson, Peter Sullivan
Jun 10, 2019, 4:21 PM my reply
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Re our conversation: I said to Mr. Sullivan the only part of CB 10's by-laws available is the one page concerning conduct at meetings. There are no other parts of CB 10's by-laws available to the public.
As I stated to Mr. Sullivan because I am not a CB 10 board member or employee I therefore can not go into a CB 10 Executive session.
In fact at the previous full board meeting Mr. Sullivan asked me if I wanted the complaint heard in the Executive session the board was going into. I said I would like to be heard, and Mr. Sullivan replied that I could not be heard in executive session since I was not a member of CB 10.
I trust Mr. Sullivan's judgement, but I am now going public with this complaint against CB 10 member Bob Bieder since I have been given no other recourse. Knowing community board rules I specifically did not mention board member Bieder by name when I spoke in the gallery session of the May board meeting.
Thank you, Robert Press
Jun 10, 2019, 5:04 PM
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CB 10 Chair to the Borough President's office
Maybe there was some confusion at the last board meeting, the agenda that night stated “removal of an officer” for the Executive Session, nothing else was listed. As I told Mr. Press it should go in front of the Executive Board to substantiate, before it comes to the full board. Now since the Executive Board has been postpone, which might not be rescheduled till after the next full board meeting. I feel to ask Mr. Press till wait until September’s Full Board Meeting or call for a special meeting, would be unfair to everyone at this point. So all I really need to know is, per our by-laws, it stated complaints or grievances to be heard in Executive Session; So would Mr. Press be allow into our Executive Session or does this complaint need to be done in an open forum? Mr. Press has stated that he would prefer this matter to be addressed in open forum. Need to know to put it on the agenda by Friday.
Sorry for any confusion on my behalf.
Regards, Chairperson, Peter Sullivan
Other correspondence between myself, the Bronx Borough President's office, and then CB 10 Chair P. Sullivan included -
The section of the Open Meeting Law stating that anyone could be invited into an Executive Session, my request of hearing the matter of what Mr. Bieder did in public to be heard in public, my speaking to other community members who said that Mr. Bieder had done the same thing to them, my willingness to go public with the information I had (as I do now), my mention of observing certain patterns by CB 10 that through my community board experience I felt were improper, and Mr. Lucania writing that he would be setting up an appointment at the Borough President's office.
Sorry for any confusion on my behalf.
Regards, Chairperson, Peter Sullivan
Other correspondence between myself, the Bronx Borough President's office, and then CB 10 Chair P. Sullivan included -
The section of the Open Meeting Law stating that anyone could be invited into an Executive Session, my request of hearing the matter of what Mr. Bieder did in public to be heard in public, my speaking to other community members who said that Mr. Bieder had done the same thing to them, my willingness to go public with the information I had (as I do now), my mention of observing certain patterns by CB 10 that through my community board experience I felt were improper, and Mr. Lucania writing that he would be setting up an appointment at the Borough President's office.
I would later be given information about the upcoming June election where one of the four candidates would be dropping out of the race for Chair of CB 10 to allow one of the other candidates to win. I said this at the June CB 10 meeting before the election took place. One candidate did drop out, and the winner won with a clear majority avoiding a run off election.
On June 25th I was asked by Bronx Borough President Ruben Diaz Jr.'s Community Board Lesion Tom Lucania to come into the Borough President's office on July 9, 2019, and if I was coming as a reporter or Bronx resident. I replied to Mr. Lucania of the Borough President's office I would be there at ten A.M., and the second part of his question had no relevance. I thought I was going to meet with only Mr. Lucania to discuss the actions of CB 10 member Bob Bieder. When I arrived not only was Mr. Lucania seated but the Communication Director, and Counsel for Bronx Borough President Ruben Diaz Jr. To my surprise the three people from the Bronx Borough President's office did not want to discuss the incompetence of of CB 10 member Bob Bieder, but only what I had found out about CB 10. I said I came in only to discuss CB 10 member Bob Bieder, and that I was not there to discus what I had found out about CB 10. I was told by Mr. Lucania my complaint against CB 10 member Bider would be kicked back to CB 10 at its September 2019 Executive Board meeting.
The September 2019 CB 10 Executive Board meeting came and went without my complaint on the agenda or even mentioned. At the September 26, 2019 full CB 10 meeting I requested speaking time to ask why my complaint about Mr. Bieder was not heard. Before I could finish a sentence the new Chair of CB 10 Mr. J. Russo cut me off before I could ask about why my complaint about Mr, Bieder was not heard. I filed a complaint with Bronx Borough President Ruben Diaz's office about what CB 10 Russo had done. The October 2019 CB 10 Executive Board meeting came and went without my complaint on the agenda or being heard. On November 6, 2019 I wrote to Mr. Lucania as to why my complaint was not heard when he told me the matter would be heard at the September CB 10 Executive Board meeting,
Below is copied from the CB 10 November Executive Committee and full board meetings of November which is false. The matters were never heard by Community Board 10 or the Bronx Borough President's office.
The September 2019 CB 10 Executive Board meeting came and went without my complaint on the agenda or even mentioned. At the September 26, 2019 full CB 10 meeting I requested speaking time to ask why my complaint about Mr. Bieder was not heard. Before I could finish a sentence the new Chair of CB 10 Mr. J. Russo cut me off before I could ask about why my complaint about Mr, Bieder was not heard. I filed a complaint with Bronx Borough President Ruben Diaz's office about what CB 10 Russo had done. The October 2019 CB 10 Executive Board meeting came and went without my complaint on the agenda or being heard. On November 6, 2019 I wrote to Mr. Lucania as to why my complaint was not heard when he told me the matter would be heard at the September CB 10 Executive Board meeting,
Below is copied from the CB 10 November Executive Committee and full board meetings of November which is false. The matters were never heard by Community Board 10 or the Bronx Borough President's office.
EXECUTIVE BOARD November 18, 2019
The minutes of the November Community Board 10 Executive Board meeting state the following at the beginning of the fourth paragraph.- Russo also provided the committee with updates from the Borough President’s Office: 1) The complaints
lodged by Bob Press have been resolved and are currently closed;
The minutes of the November 21, 2019 CB 10 full board meeting state the following under -
EXECUTIVE BOARD: Mr. Russo
The Committee met on November 18, 2019. The minutes are self-explanatory. Mr. Russo communicated to membership that complaints against the Board were closed by the Borough President’s office. Mr. Russo remined members of the importance of parliamentary procedure. Ms.Chambers addressed the membership on conflict of interest training and discussed when it is important to recuse one’s self from voting on a matter that could be beneficial to board member.
On November 18, 2019 I went into the Community Board 10 office requesting to see certain materials which should be in the Community Board office for viewing. At no time did I say I worked for or represented the Bronx Borough President's office. I stated the reason was to finish a report as the Bronx Borough President Consul had requested. I was denied my request and filed the following Freedom of Information Request later in the afternoon.
CB 10 acknowledged my FOIL with an answer We have received your request for records pursuant to the Freedom of Information Law dated November 18, 2019.
To Mr. J. Russo Chair of Community Board 10,
I Robert Press hereby request by the Freedom of Information Law to view the following information which should be on file in the CB 10 office.
1 - The liquor license applications submitted to Community Board 10 for the years 2018 and 2019.
2 - Any and all stipulations that may have been placed on any and all applicants for a liquor license by Community Board 10, which should be in the minutes of the committee to hear liquor licenses.
3 - The Community Board 10 member who requested any stipulation, which should be in the minutes of each meeting of the committee to hear liquor licenses.
4 - The Community Board 10 member who seconded any stipulation, which should be in the minutes of each meeting of the committee to hear liquor licenses.
5 - The vote of each member of the committee to hear liquor licenses, which should be in the minutes of the committee to hear liquor licenses.
6 - The "Best Practice Rules" of CB 10 that may be referred to in any statement regarding a liquor license in CB 10.
7 - To view any and all of the e-mails of any member of CB 10, the District Manager or any staff member of Community Board 10 regarding any liquor license in the time frame listed above in this FOIL.
CB 10 acknowledged my FOIL with an answer We have received your request for records pursuant to the Freedom of Information Law dated November 18, 2019.
This agency has determined that it is unable to respond to your request at this time. Accordingly, on or before December 18, 2019, we will grant and/or deny access in whole or in part.
Sincerely, Matthew Cruz, District Manager
Since one of the duties of the district manager's job is to see that the minutes of all meetings are recorded and posted, I have requested that the Borough President's office fulfill this foil request. As has been requested and complied from other community boards the e-mails of board members are subject to the Freedom of Information Law.
To be continued, because the public should be respected at community board meetings.
