In UN - Bloomberg Fire Safety Stand-Off, Freedom of Information Is Lacking

Byline: Matthew Russell Lee of Inner City Press at the UN: News Analysis

UNITED NATIONS, August 11 -- As New York City's Bloomberg administration ratchets up pressure on the UN to fix the 866 violations found in the most recent inspection, Bloomberg's Fire Department has denied access to the report of inspection, even to accredited media who work in the UN headquarters.

            Bloomberg's sister and commissioner for the UN, Marjorie B. Tiven, has written to UN Secretary General Ban Ki-moon that he is "putting at risk the lives of the people who work and visit the United Nations."

            But when a formal request for the list of violations was made by Inner City Press under New York's Freedom of Information Law, it was denied in full, ostensibly because releasing the report could endanger the safety of persons.

   In a June 11, 2007 letter to Inner City Press, the FDNY's Records Access Officer Maura J. Kugelman that "the disclosure of the requested inspection reports could endanger the life or safety of one or more persons... You may appeal."

            This correspondent filed an appeal, emphasizing in part that as a person working inside the UN, knowing and reporting the specifics of the violations could help promote, and not endanger, safety. In this case, ignorance is not bliss -- it simply compounds the danger.

            On August 8 the Fire Department's Records Appeal Officer and Deputy Counsel Elena Ferrera informed Inner City Press that no portion of the inspection report will be provided. Asked for the basis of the denial, Ms. Ferrera said it's contained in a formal ruling which has yet to be received (but will be sent to the NYS Committee on Open Government).

            While Inner City Press may challenge the withholding of the UN report in New York Supreme Court, which it has previously prevail in other FOIL litigation, one should not have to sue to get access to the City's safety inspections, particularly when the City is making loud claims about the reports.

            The Bloomberg administration previously sought to withhold safety information about the 9/11/01 attacks, until sued by the media and families of the victims. One hopes that is not necessary here.

 Bloomberg and Ban Ki-moon, safety inspection report not shown (nor provided)

            In recent days, UN fire team personnel have been much more visible in the headquarters building. Patrols by themselves, however, do not resolve the safety problems. Trying to explain the UN's basis for leaving violations, the Department of Management's Lena Dissin told the Washington Post, "If we install a fire sprinkler system in the entire building and they will have to be torn out, this is not something the members states will be happy about."

            But earlier this year, knowing even then of the UN Capital Master Plan for gut rehabilitation, the UN paid over $130,000, begrudgingly disclosed to Inner City Press, to install over its basement Vienna Cafe a ventilation system to remove cigarette smoke. (Since the UN is on international territory, it is argued that Mayor Bloomberg's anti-smoking ordinance do not apply in the UN.)

            Ms. Dissin's boss, Under Secretary General for Management Alicia Barcena, has three times this year said that the UN will be enacting a Freedom of Information procedure, if not law. If these promises had been carried out, the inspection report could be requested and obtained from the UN itself.

            In higher profile safety and secrecy news, on August 10 Inner City Press asked Ban Ki-moon's spokesperson's office to confirm or deny that in connection with the UN's plan to expand in Iraq, the Secretariat told the UN's Advisory Committee on Administrative and Budgetary Questions that it wants to spend $130 million on a new UN headquarters in Baghdad, and that ACABQ responded negatively. Video here, from Minute 9:27.

  The Associate Spokesman said he did not think any dollar figure had been made public. Now could he say what the UN will do to dispose of such Iraq-related items as a Scud missile engine and target-seeking gyroscopes, held on 48th Street and First Avenue, click here for that Inner City Press story.

            Beyond "a plague on both your houses" for withholding information, those most impacted by lack of safety precautions should not be kept in the dark. Safety in Iraq may be a long way off, but on the East Side of Bloomberg's Manhattan, safety and the public release of information about safety should be the rule. Watch this space.

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Click here for a Reuters AlertNet piece by this correspondent about the Somali National Reconciliation Congress, and the UN's $200,000 contribution from an undefined trust fund.

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