Judge Schack Shows a Curious Sensitivity to Compensation Data

Establishment of a public library in the State of New York

Why Brooklyn Public Library Is Not Part of the City. (Brooklyn Eagle, 12/14/2011)

Excerpt:  Two weeks ago, Schack (who even quotes Mel Brooks at one point in his decision) ruled that the library’s attempts to portray itself as a “municipal corporation” are completely without merit. He rejected the library’s motion to dismiss the lawsuit filed by David Rodriguez, who was allegedly injured in a crash with the library’s van near Grand Army Plaza. The library claimed that dismissal was warranted because of the man’s failure to file a notice of claim.

“While BPL [Brooklyn Public Library] is dependent upon the City of New York for its existence, it does not receive all of its financial support from the City of New York,” Justice Schack wrote. “If BPL is a ‘municipal corporation,’ why does it have a professional fundraiser [staff person] who receives more in compensation that every New York State judge, including the Chief Judge of the State of New York? These salaries are not indicative of those usually paid by a ‘municipal corporation.’” [Emphasis added.]

Schack dissected the library’s 2010 tax return, pointing out that the library was $1.1 million over budget this year, but had spent $1.8 million alone on compensating nine top executives at the library, who earned salaries ranging from $160,000 to $255,000.