Murphy a Hypocrite

To the Editor:

In a letter to THE CHIEF published in the April 6 issue, former New York City Employees' Retirement System Executive Director John Murphy assails the current Executive Director of NYCERS as unqualified. He says: "so it is reasonable to assume that this appointment was knowingly made in violation of civil service law."

When Harold Herkommer, the former NYCERS Executive Director retired, John Murphy was appointed acting Executive Director. Subsequently, some board members wanted to open the appointment to the position to applicants in the normal and legal way, as was done in the past, and appoint the best-qualified applicant.

One day, before the board went into session, its chair, Carol O'Cleireacain, asked Murphy: "John, do you have a resolution appointing you Executive Director?" He replied: "No, I have a draft of it." Ms. O'Cleireacain said: "We all know John."

Some people in the room clapped, and that was the end of it. No resolution was introduced at the board meeting or seconded or voted on at that meeting or at any subsequent board meeting. Nevertheless, John Murphy removed the word acting from his title, giving the impression that such an appointment was made.

John Murphy would be correct if he ascribed his description of the personnel practices of NYCERS to his management when he was acting Executive Director. He said, "This potential civil service violation makes personnel management untenable at NYCERS. Every hiring, every firing, every raise and promotion is suspect."

In fact, his practice when he was Acting Executive Director was more than suspect. It was clear violation of the Civil Service Law and every concept of management and propriety as far as hiring, firing, salary raises and promotions. This is well known, and what was published in the press is a sample of what he did.

I do not know what is happening presently at NYCERS. But the practice of John Murphy was far worse than what he describes as being done by the present management. He would have to be a fool to say that only the spoils system is improper, assuming he did not practice it, and the favoritism he practiced is proper and legal, under Civil Service Law. The favoritism he practiced is notorious.

REUVEN DAVID

Editor's note: Mr. David served for 24 years as Deputy Director of NYCERS's Legal Affairs Office, retiring in 2002.