Federal Monitor Over Rampant Court Corruption Next

Monitor Tapped for Fire Department Compliance
The New York Law Journal by Brendan Pierson  -   November 10, 2011

Mark S. Cohen, co-founder of Cohen & Gresser, has been appointed to monitor the New York City Fire Department's compliance with a court order ending what a federal judge has found to be racially discriminatory hiring practices.  Eastern District Judge Nicholas Garaufis yesterday appointed Mr. Cohen, a former Eastern District assistant U.S. attorney who focuses on complex commercial litigation, white-collar defense and regulatory enforcement. His appointment will last at least 10 years, during which he will have the authority to review and approve any aspect of the department's hiring process. Mr. Cohen was one of 12 candidates considered by the court.  Judge Garaufis issued a remedial order for the appointment of a monitor last month after concluding that the FDNY had failed to comply with multiple previous court orders that it stop discriminating against black and Hispanic applicants in hiring (NYLJ, Oct. 6). The judge's scathing order, which came in response to a suit by the U.S. government—in which the Vulcan Society, an organization of black firefighters, intervened—described the FDNY as "a stubborn bastion of white male privilege" and accused Mayor Michael R. Bloomberg of ignoring the problem.  The parties to the case were all asked to weigh in on possible candidates. The government and the city agreed on Mr. Cohen, but the Vulcan Society objected. Nonetheless, Robert H. Stroup of Levy Ratner, counsel to the Vulcan Society, said he and his client believed Mr. Cohen was "highly qualified" and that he would do "a really good job." Mr. Ratner noted that Mr. Cohen "has a strong prosecutorial and investigatory background and is willing to make a significant commitment to the work that the monitor needs to do." The nature of the Vulcan Society's objection is confidential, according to Mr. Stroup. Blacks make up just 3 percent of city firefighters.  Mr. Cohen and the city now have 15 days to negotiate a compensation scheme for Mr. Cohen and present it to the court. Mr. Cohen, who will be paid by the city, did not return a call for comment.  Georgia Pestana, chief of labor and employment law at the city's Law Department, said in a statement that while the city had not objected to the choice of Mr. Cohen, it did not believe a monitor was necessary and would appeal the remedial order.  Representatives of the U.S. Justice Department and the Eastern District U.S. Attorney's Office, which are handling the case for the government, declined to comment on the appointment.