Stringer Takes City to Court over Virus Probe

Stringer Takes City to Court over Virus Probe

Photo Courtesy of Comptroller Stringer’s Office

“New Yorkers deserve answers about what our City knew about the virus, when we knew it, and what we did about it,” Comptroller Stringer said. “But instead of timely providing documents and being fully transparent, City Hall has continually delayed disclosures and thwarted the truth.”

By Michael Cusenza

City Comptroller Scott Stringer recently took court action to force the City to comply with a subpoena issued pursuant to his investigation into the City’s preparedness for and response to the COVID-19 pandemic.

Following what Stringer has described as months of stalling and refusals to fully comply with the subpoena issued in June, the City’s fiscal watchdog filed a petition in New York County Supreme Court seeking a court order to compel the City to promptly and completely comply with the subpoena. The petition details how the City has consistently stymied the production of documents, repeatedly missed production deadlines—several of which the City set for itself—and recently declared it would not be able to provide all requested documents until April at the earliest—nearly a year after Stringer’s office launched the investigation.

In May, Stringer kicked off a probe into the City’s preparedness and response to the COVID-19 pandemic with a request for documents received, created, or issued by City government officials and agencies related to the public emergency, and its potential impact on residents and businesses, in advance of the March 22 statewide stay-at-home order.

The comptroller’s investigation includes a request for communications in email, memoranda, guidance, rules, advisories, or other written information received, created, or issued by the City that addressed COVID-19 such as:

Operational and decision-making structure for the City to address the public health emergency;

Measures that City government was advised could or should be taken to reduce the risk of New Yorkers contracting the virus, including introduction of social distancing, closure of non-essential businesses and locations, widespread testing, and availability and use of personal protective equipment by medical professionals and the general public;

Projected transmission rates, death tolls, and geographic and demographic breakdowns of the virus’ impacts on the City including the most vulnerable New Yorkers, those with pre-existing medical conditions and New Yorkers living in overcrowded housing;

Transmission and impacts of the virus through asymptomatic individuals and its viability on surfaces of all types;

Impacts of COVID-19 on the city’s health care system including estimated and projected need for hospital beds, emergency room capacity, intensive care unit beds, staff, and PPE, among other relevant issues.

“My office launched an investigation into the City’s preparedness for and response to COVID-19 so that we can learn from our past experiences and improve on them as we continue to battle this pandemic. New Yorkers deserve answers about what our City knew about the virus, when we knew it, and what we did about it. But instead of timely providing documents and being fully transparent, City Hall has continually delayed disclosures and thwarted the truth.  Six months after our investigation began, the Administration hasn’t produced a single document from City Hall and has repeatedly impeded our efforts and failed to provide the documents necessary to execute our investigation,” Stringer said. “As we stare down a potential second wave, the investigation has only become more vital. With every delay, every obstruction, and every attempt to escape oversight, the City is denying New Yorkers the open and honest government they deserve. My office won’t stand for it.”

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