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The Race ...
Public Advocate
Know about something you don't see here? Let us know at campaign05@gothamgazette.com
General Election Results
Betsy Gotbaum
Primary Results
Betsy Gotbaum
The Incumbent:
Betsy Gotbaum
General Election Challenger(s):
Bernard Goetz
Jay Golub
Jim Lesczynski
Primary Election Challenger(s):
Michael Brown
Damon Cabbagestalk, Jr.
Jay Golub
Andrew Rasiej
Norman Siegel
- Michael Brown has not filed
- Damon Cabbagestalk, Jr.
- Bernard Goetz
- Jay Golub
- Betsy Gotbaum
- Jim Lesczynski
- Andrew Rasiej
- Norman Siegel
Feature Articles ...
July 22, 2005

On a recent summer afternoon, Public Advocate Betsy Gotbaum stood at the front of the lunchroom of the Jackie Robinson Senior Center waiting to be introduced to two dozen elderly Harlem residents. But before Gotbaum took the microphone, a member of the audience - who had apparently shown up for the dollar lunch and not to listen to a politician's speech - called out. "Who is she?"
Gotbaum explained that she was a citywide elected official who handles New Yorkers' questions and complaints. "The difference between calling 311 and calling us is that you actually get a live person who will help you solve your problems," she said.
But four years after Betsy Gotbaum took office, many people are asking "Who is she?" And 16 years after the position of public advocate was created, many New Yorkers have never heard of it. Even those who have, disagree over what it is, or what it should be - and even over whether it should exist at all.
Critics believe it says something about Betsy Gotbaum's record that, in an election year when many incumbents in New York City have no opponents at all, nine candidates are challenging Gotbaum in her bid for re-election. And each has his own view of what the public advocate should do.
Norman Siegel, a civil rights lawyer who lost to Gotbaum in 2001, sees the public advocate not as someone who helps New Yorkers get services, but as the "people's lawyer" who should go to court on their behalf.
Andrew Rasiej, a businessman with a background in technology, wants to use the position to provide wireless Internet access to every New Yorker.
Bernard Goetz, who best is known as the "subway gunman," said he is running to raise issues like vegetarian options in school lunches.
And Libertarian candidate Jim Lesczynski is running to abolish the position entirely. "The first thing I would do is fire the staff, padlock the door, and return the salary," he said.
Given such divergent platforms, when voters go to the polls this fall, they may not be just voting for the candidate with the best qualifications, but for the candidate whose view of the public advocate they agree with most.
WHAT DOES THE PUBLIC ADVOCATE DO?
The office of public advocate was created in 1989 when the United States Supreme Court ruled that New York City's system of government was unconstitutional. The century-old Board of Estimate was abolished and the position of City Council president, a citywide official whose primary power was voting on the budget, was renamed the public advocate.
At the time, there was heated debate about whether the position should be eliminated entirely, according to Eric Lane, who headed up the commission to change the city government's structure. Some argued that without a vote on the budget, the office was worthless. Others argued that the City Council president often acted as a gadfly and challenged the executive branch and that role was still needed.
"The thinking was that an ambitious public advocate could create some tension and keep people on their toes," said Lane.
Some politicians wanted to keep the seat as a launching pad for higher office. The City Council President at the time, Andrew Stein, was planning a run for mayor, but did not want to run from a position that had been recently eliminated. Stein's bid for mayor ended when he dropped out of the 1993 mayoral race, but the position of public advocate lived on.
The city charter gives the public advocate few specific powers other than to break tie votes in the City Council (there never have been any) and to succeed the mayor if he leaves office before the end of his term.
In 1993, Mark Green, who had run unsuccessfully for U.S. Senate and then served as the consumer affairs commissioner, was elected as the first public advocate. Green, who had made his political career as a lawyer, author, and speechwriter, says he used the post as a bully pulpit to fight injustices in the Giuliani administration, including suing the police department over racial profiling.
"The office is an underappreciated asset," said Green, who served in the post until 2001. "The job is to challenge the mayor, and the mayor resents it."
Whoever is in office faces serious limitations.
The public advocate's office, which employs about 40 people, operates with a budget of $3 million a year. By comparison, the mayor's office has a budget of $72 million and the city comptroller's office spends $55 million annually.
Funding for the public advocate's work is subject to the mayor's budget cuts, and the office must routinely fight for its own survival. In 1994, Mayor Rudolph Giuliani cut funding for a panel called the Commission on Public Information and Communication, which the public advocate is supposed to oversee. It has not been funded since.
Unlike the City Council, the public advocate does not have subpoena power.
And the office also suffers from an image problem; few New Yorkers know who the public advocate is or what she does. A recent poll found that two-thirds of likely voters in the Democratic primary could not name the incumbent.
CHALLENGING THE INCUMBENT'S RECORD
In contrast to how Mark Green used the position, Public Advocate Betsy Gotbaum, who also served as parks commissioner and head of the New-York Historical Society, tends to see her role more as an ombudsman than government gadfly.
"So many people need help and don't know where to turn," she said.
When asked about her major accomplishments, Gotbaum mentions her efforts to improve special education, to reform the food stamp application process, and to win funding for meal programs for low-income elderly. She also points out that she was an early opponent of the proposed West Side Stadium.
This approach has opened Gotbaum to critics, who charge that she has not done enough.
"One politician standing on a soap-box and wagging her finger is not an effective voice," said Andrew Rasiej, founder of the Irving Plaza concert venue and a non-profit that brings technology to public schools.
"People ask `who is the public advocate?'" said candidate Norman Siegel, the former head of the New York Civil Liberties Union. "One year after I am elected, people will not be asking that question."
Siegel's first television commercial shows relatives of emergency workers who died on September 11th criticizing the public advocate for not taking up their cause to create a 9/11 commission and release 9/11 tapes and transcripts (and praising Siegel for doing so.)
If elected, Siegel promises to set up public advocate offices in every borough and recruit teams of volunteers interested in keeping government accountable. And he plans to use legal action whenever necessary. Siegel points to the arrest of over 1,100 protestors at the Republican National Convention last summer (90 percent of which were never charged with a crime) as an example of the kind of issue he thinks the public advocate should take on.
"You need an office that represents the people versus city agencies," said Siegel.
Andrew Rasiej has focused his campaign on the public advocate's role in monitoring government information. Rasiej is calling for wireless Internet access in every neighborhood in the city, which he estimates would cost $80 million, or about $10 per resident. Such an investment, he argues, would generate new business for the city, improve education, and create a new level of civic engagement. And while the idea may seem far fetched, other cities like Philadelphia are already undertaking similar initiatives.
"The position of public advocate is limited only by the imagination of the person in office," said Rasiej, who promises to create system where residents take photos of potholes, dead trees, and environmental hazards to help monitor government responsiveness.
Gotbaum rejects these ideas, arguing that the job is not about filing lawsuits or bringing Internet access the city, but about helping those who need assistance. And she defends her low-key approach to the job, noting that she never promised to be a confrontational figure.
"I know what you can do, and I know what you can't do," she said. "It isn't my style to scream and yell."
Despite their differences, Betsy Gotbaum, Norman Siegel, and Andrew Rasiej agree that that the public advocate should use the position to work on issues of education, housing, and helping low-income New Yorkers. They also agree that the position needs to be strengthened in order to be effective.
Both Gotbaum and Norman Siegel would like to see the public advocate's budget set as a fixed percentage of the overall budget, like the current funding for the Independent Budget Office, rather than being subject to the whims of the mayor. Andrew Rasiej believes that after a year in office, he could convince the mayor and council that the office's activities are worth funding.
While Gotbaum, Siegel and Rasiej are generating the most attention in the race, there are seven other candidates.
Jay Golub, a dentist who ran for City Council in the past as a Republican but is now competing in the Democratic primary, promises to use the office of public advocate to address the needs of small businesses and try to cut taxes and fines.
Eric Ruano Melendez, a former civil engineer for the city's Department of Environmental Protection Administration who has run for City Council, mayor, Congress, and U.S. Senate, wants to use the position to require that companies who do business in the city give health and retirement benefits to their employees. He is also interested in regulating Spanish language television stations, who he says use obscenities.
Bernard Goetz, a civil engineer best known for shooting four teenagers on a train in 1984 because he thought they were going to mug him, said the public advocate could bring attention to issues like the new World Trade Center design and help build common ground between the mayor and council.
"I don't believe it should be a confrontational position," said Goetz, "The presence in the City Council can be used to influence and educate members."
The two other Democrats are Damon Cabbagestalk, a recent graduate of the College of New Rochelle's Brooklyn campus and a candidate named Michael Brown. (Neither of them could be reached by press time. Phone numbers filed with the city's campaign finance board for each were disconnected or incorrect.)
Also running is Republican Daniel Maio, a self-employed cartographer who has run unsuccessfully for City Council, State Senate, and Manhattan borough president in the past. (He could not be reached as well.)
And Libertarian candidate Jim Lesczynski, who advocates for less government regulations, lower taxes, and an end to public housing, sees eliminating the position - which pays $150,000 a year and includes a car, driver, and bodyguard - as a quick way to save taxpayers money. "It's a position we probably don't need," he said.
THE CAMPAIGN
In 2001, seven Democratic candidates sought the open public advocate seat. In the primary, Betsy Gotbaum, beat the second place candidate, Norman Siegel, by 50,000 votes.
Since no candidate earned more than 40 percent, the two candidates faced off in a run-off two weeks later. Gotbaum defeated Siegel by a two-to-one margin and went on to win the general election with 86 percent of the vote.
Given the close primary in the past, Gotbaum is taking no chances with her campaign this year. She recently submitted 200,000 signatures to get on the ballot and has built up a campaign war chest of more than $1.4 million by mid-July. And she has hired veteran political consultant Hank Sheinkopf to manage her campaign.
"Norman got his clock cleaned in 2001 and it will be the same this time," Sheinkopf predicted.
But the challengers are not deterred.
Siegel has raised $268,000 and Rasiej has $225,000 in contributions by the mid-July filing date. Jay Golub has raised $10,000. Damon Cabbagestalk has raised $2,000 and Daniel Maio has raised $1,300. (Eric Ruano-Melendez and Bernard Goetz have not disclosed any contributions to the campaign finance board.)
Siegel has also gathered the endorsements of more than two dozen local political clubs and unions.
Rasiej said he hopes to mobilize "wired technology interested New Yorkers" and public school parents who want to their kids to have access to the 21st century technology.
Even the former Public Advocate Mark Green, who said he would not make an endorsement, seems to be enjoying the race.
"Defeating a well-liked incumbent is always a challenge," he said. "Betsy has the edge, but both Andrew Rasiej and Norman Siegel are formidable candidates. It will be a spirited race if people pay attention."
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The Incumbent:
Betsy Gotbaum | Dem |
Betsy Gotbaum was elected as Public Advocate in 2001. In the past, she has worked as an advisor to three mayors, as head of New York Police Foundation, as commissioner of the Department of Parks and Recreation, and as president of the New-York Historical Society.
Challenger(s):
Michael Brown | Dem |
Damon Cabbagestalk, Jr. | Dem |
Damon Cabbagestalk is pursuing master's degree in education and religion from the Theological Seminary College in Manhattan. He has worked and volunteered for Community Board 33 in Brooklyn and continues to sit on the board's education committee. He is a member of the Unity Democratic Club, the Bedford Stuyvesant Education Task Force, and the Police Athletic League board in Bedford Stuyvesant.
Bernard Goetz |
Bernard Goetz has professional licenses in building contracting, land development, potable water plant operations, and wastewater treatment. He was involved in a well-known subway shooting incedent in 1984.
Jay Golub | Con |
Jay Golub resides in Gramercy Park and is a dentist in Queens. He ran for City Council district 2 as a Republican in 2001.
Jim Lesczynski | LBT |
Jim Lesczynski is the chair of the Manhattan Libertarian Party and founder of the New York City chapter of Shooters Committee on Public Education, a group dedicated to the second amendment.
Andrew Rasiej | Dem |
Andrew Rasiej is the founder of MOUSE (Making Opportunities for Upgrading Schools and Education), a non-profit organization focused on integrating technology into public schools and the creator of Personal Democracy Forum, a non-partisan online magazine, focusing on the evolution of technology in politics and public policy. He founded the New York Nightlife Association, and has served on the New York City Board of Education’s Task Force on Technology and the boards of Teachers Count, eThe People, and the New School Jazz and Contemporary Music Program.
Norman Siegel | Dem |
Norman Siegel is a civil liberties
lawyer. He served as executive director of the New
York Civil Liberties Union and was a member of former
Mayor Rudolph Giuliani's Commission on
Police-Community Relations. As a lawyer, Siegel has
represented a wide array of people seeking to protest,
including cab drivers and members of the Ku Klux Klan,
as well as participants in the monthly Critical Mass
bicycle protest, demonstrators at the Republican
National Convention, and residents and businesses
seeking to stop construction of the arena for the Nets
basketball teams in downtown Brooklyn. He ran for
public advocate in 2001, coming in second in a field
of seven in the Democratic primary, but losing the
runoff to Betsy Gotbaum.
Campaign Trail ...
Below are the latest Campaign Trail items for the Public Advocate race. For the full Campaign Trail archive, go here
Public Advocate Gotbaum Defeats Challengers
September 14, 2005
Betsy Gotbaum, the city's public advocate and second-highest official, won the Democratic primary yesterday, assuring her re-election since she faces no Republican opponent in November. Gotbaum won with about 48 percent of the vote. Norman Siegel came in second. In a surprise, Michael Brown, who was rarely seen during the campaign, defeated Andrew Rasiej, who raised about $1 million, for third place.
(New York Times)
Gotbaum Campaigns Hard to Keep Post
September 10, 2005
Two well-financed and energetic challengers, Andrew Rasiej and Norman Siegel, are complaining that incumbent Public Advocate Betsy Gotbaum has failed to use her post to improve life in the city. With a total of five challengers, Gotbaum is seeking to raise her profile in an increasingly bitter primary race.
(New York Times)
Siegel the Outsider Looks for a Spot Inside Government
September 9, 2005
Norman Siegel says he is tired of confronting the system as an eternal outsider; the longtime civil liberties lawyer hopes to join government. He is making a second run for public advocate to serve as a watchdog over city government and succeed the mayor in case of an emergency or death.
Amsterdam News Endorses Seigel
September 1, 2005
There are many who are not only qualified to run, but who, in our opinion, would make fine candidates for the office of public advocate.
However, most outstanding among those candidates is Norman Siegel, who has run before with our endorsement for this office and lost.
One of his opponents, Betsy F. Gotbaum, who is now public advocate, serves this city well. It is our belief, however, that the office of public advocate needs stronger leadership and a vision that includes everything from voting rights and civil rights to health care and welfare. It also needs someone who has the skill set to articulate the needs of all these disciplines, and is creative enough to address them as an advocate or a participant, if need be. (Amsterdam News)
September 7, 2005
Our support goes to Norman Siegel. He is campaigning to replace Betsy Gotbaum, who was elected four years ago but has failed to live up to the high expectations of voters.
Siegel has a long and distinguished career as an advocate for people's human and political rights and their civil liberties, a background that would give him a forceful presence at City Hall. (Carib News Editorial Board)
New York Times Endorsement: Betsy Gotbaum for Public Advocate
September 7, 2005
The office of the public advocate is an enigma in New York City government. Created in the City Charter revision of 1990, it lacks real power and a mandate, beyond a vague description of the public advocate as an "ombudsman" who monitors city services. The advocate is nonetheless the second-highest-ranking city official and the first in line to succeed the mayor, albeit temporarily, in an emergency. There is no template for doing the job, but New Yorkers should expect their public advocate to be experienced, independent and resourceful. Betsy Gotbaum does need to push herself to be more public as she advocates. That said, she is the best candidate for the job. (New York Times)
September 7, 2005
Calling the incumbent public advocate “both diligent and disappointing,” the paper says that Betsy Gotbaum “does need to push herself to be more public as she advocates. That said, she is the best candidate for the job.
The Future of the Public Advocate
September 7, 2005
Wayne Barrett takes a critical look at Betsy Gottbauym’s performance as public advocate: “If Gotbaum wins the primary on September 13, she may be our last official advocate, interring it with her own paltry performance.... The race for advocate is not just a contest between Gotbaum and five others, led by civil rights lawyer Norman Siegel, it's a fight for the preservation of this vital voice itself, which both mayors Giuliani and Mike Bloomberg have tried to abolish.”
(Village Voice)
Daily News Endorses Gotbaum for Public Advocate
September 6, 2005
The job of public advocate is so ill-defined as to be a Rorschach test for wanna-be politicos with wacky ideas. The job can be whatever you want it to be. This year's platforms include such proposals as instituting power naps for city workers, placing random voters on public boards and abolishing the post entirely. While this last one would be a service to the city - the office should have been dismantled years ago - the public advocate is mandated by City Charter to monitor citizen complaints against agencies, break tie votes in the City Council and, most important, take over for 60 days if a mayor dies or becomes incapacitated. For that reason, the best course is to keep the job in the hands of incumbent Betsy Gotbaum. Given the competition, she's the choice for a vestigial post that's an unnecessary burden on taxpayers. (Daily News)
As Public Advocate, Rasiej Wants to Use Technology to Change City
September 2, 2005
For Andrew Rasiej (pronounced ra-SHAY), being public advocate - the person who succeeds the mayor if he or she is incapacitated - is not just about triaging complaints from the public. It is also about fostering a revolution in the way people and government exchange information.
Is Gotbaum Master of Her Domain?
August 25, 2005
What's worse, feigning ignorance or being ignorant? That is the question raised by the latest attack by public advocate candidates Andrew Rasiej and Norman Siegel on the woman they each want to unseat, incumbent Betsy Gotbaum. In Tuesday's NY1 debate, Siegel asked Gotbaum how she squared her support for the Atlantic Yards project in Brooklyn with her opposition to the use of eminent domain. Siegel opposes the recent Supreme Court decision allowing government "takings" for private development rather than old fashioned public uses like hospitals and highways, and he has provided legal help to opponents of Bruce Ratner's plan to build a Nets arena and housing complex around the MTA rail yards. In March, Gotbaum told the Brooklyn Rail newspaper that she "will not support any project that is dependent on the use of eminent domain for private use," but then in July called the Atlantic Yards project—and its community benefits agreement that includes jobs for locals and affordable housing—" a wonderful, wonderful example of what development should be all about." She went on to say: "To bring all these different groups together to get everybody on board, to have negotiated like that, Bruce Ratner, I think we can only praise you to the highest." (Village Voice)
With TV Ads, Gotbaum Aims to Portray Herself as Effective Public Advocate
August 28, 2005
With two of her rivals having already taken their campaigns to the airwaves, Betsy Gotbaum, the city's public advocate, will begin her own commercials tomorrow, urging New Yorkers to elect her to a second term.
The ads portray Ms. Gotbaum as being responsive to issues raised by the public. In one, a father whose son has physical limitations and was beaten in school discusses the services his son needed in the city's public schools. "The Department of Education seemed to be specialists at wasting people's time," he said. "Betsy Gotbaum was the only one who took the time to find out what was best for my son."
The second advertisement features an elderly couple who praise Ms. Gotbaum for working to maintain the delivery of hot food rather than frozen meals in the Meals on Wheels program in the Bronx.
(NY Times)
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