Koch Politicized Medical Examiner

To the Editor:

In the article in last week's Chief re: the adverse finding by Chief Medical Examiner Charles Hirsch in the cause of death of Detective James Zadroga, it was stated, "The Mayor and Dr. Hirsch have maintained that the Office of the Chief Medical Examiner is an independent and non-political entity." This statement is erroneous.

In 1979, Dr. Michael Baden was the Chief Medical Examiner of New York City, completing his probationary period in what was then a competitive civil service title. On the last day of his probationary period, he was fired by Mayor Koch for political reasons having to do with dissatisfaction with Dr. Baden's professional findings, which were at variance with decisions which Manhattan DA Robert Morgenthau and Mayor Koch would have preferred.

Mayor Koch had the position of Chief Medical Examiner removed from the competitive civil service and made an appointive position. Prior to Mayor Koch, the position of Chief Medical Examiner conferred permanent tenure on an incumbent who had completed his probationary period. At that time, the position was independent and nonpolitical.

Dr. Baden, who was in the permanent civil service title of Deputy Chief Medical Examiner, had passed the test for Chief Medical Examiner.

Since 1979, the Chief Medical Examiner has served at the pleasure of the Mayor and has no rights as a competitive civil servant.

GEORGE SILBERMAN, Retired Sup. III