Giuliani D.E.P. Head Asking to Stay on in Bloomberg Term

To the chagrin of some environmentalists, Joel Miele, the

Giuliani administration’s confrontational Department of Environmental

Protection commissioner, has been quietly lobbying to keep his job when

Mayor-elect Michael Bloomberg takes office on Jan. 1, according to

administration sources. Those efforts have set off alarm bells in the

environmental community, which is preparing a major effort to block Mr. Miele’s

potential reappointment. The controversy over the usually obscure agency could

prove to be Mr. Bloomberg’s first major political battle.

A swaggering Queens Republican who packs a pistol in an ankle

holster, Mr. Miele gained notoriety for claiming under oath that his agency was

about to deploy a submarine to check for leakage in one of the city’s

aqueducts-although the submarine didn’t exist at the time.

Mr. Miele’s management style won him few friends in the

environmental movement. But it has been more than just a personal feud:

Environmentalists have long charged that he has not been a proper steward of

the city’s endangered watershed. Mr. Miele admitted in court earlier this year

that his agency allowed the release of toxic mercury into an Ulster County

reservoir for two years. The D.E.P. entered a guilty plea on two felony counts

of violating the federal Clean Water Act-leading a federal court to fine the

agency $50,000.

Mr. Miele’s tenure has even attracted the attention of Manhattan

District Attorney Robert Morgenthau. Jeff Odefey, project attorney for

Riverkeeper Inc., an environmental group which has regularly battled Mr. Miele,

told The Observer that he’d met with

Mr. Morgenthau’s investigators last spring to urge them to investigate his

claims about the phantom submarine-claims that were made in sworn testimony.

Mr. Odefey said the investigators assured him that “the allegations were under

review and investigation.”

Barbara Thompson, a spokesman for Mr. Morgenthau, said: “The

matter is still under review.” A spokesman for Mr. Miele declined comment.

Despite all this, there is reason to believe that Mr. Miele has a

good shot at being reappointed. Indeed, a recent report in Crain’s New York Business identified Mr. Miele as one of the

commissioners most likely to survive the transition.

A spokesman for the D.E.P. declined to comment on Mr. Miele’s

potential return. Ed Skyler, a Bloomberg spokesman, would only say: “There are

obviously some very qualified people who have worked in the Giuliani

administration, and we encourage anyone that’s interested in staying to apply.”

According to D.E.P. sources, the commissioner has lobbied fellow

members of the Giuliani administration to help persuade the Bloomberg team to

keep him on. Mr. Miele recently got a call from a Bloomberg adviser who told

him that the Mayor-elect’s team was considering keeping him for a transitional

period of a year, one source said.

Unlike the names of other commissioners who have been identified

as possible holdovers, Mr. Miele is a controversial character who, if

appointed, would place the Bloomberg administration on a collision course with

environmentalists. Indeed, environmentalists have been trying to counter Mr.

Miele’s lobbying effort with an offensive of their own, privately warning

Bloomberg transition-team members that Mr. Miele’s reappointment would result

in nothing short of protracted political war.

“It is time for a change,” said Eric Goldstein, head of the

Natural Resources Defense Council. “The feeling in the environmental community

is that, with the new spirit that Mayor-elect Bloomberg is bringing in, he

would be best served by fresh leadership at an agency that has had its fair

share of challenges in recent years. The city is entitled to a commissioner who

is a committed steward of our air and drinking water.”

“The reappointment of Commissioner Miele would be a declaration

of war by Mayor Bloomberg upon New York’s environmental community,” added

Robert F. Kennedy Jr., chief prosecuting attorney for Riverkeeper Inc. “The

agency has experienced more mismanagement and corruption under his tenure than

at any other time since the Bureau of Water Supply was managed by Boss Tweed in

1870.”

Charles Sturcken, Mr. Miele’s chief of staff, dismissed the

criticism. “Obviously, they’re posturing to influence the next administration,”

he said. “That’s standard for all interest groups. That’s just what they do.”

Mr. Sturcken added that Mr. Miele was a pleasure to work for.

“Whatever people want to say about him, positive or negative,” Mr. Sturcken

said, “he’s a good commissioner, and he’s a person the government is served

well by.”

Security Issues

Despite the looming political battle over Mr. Miele, an extension

of his tenure would not be entirely surprising. Security issues have become

paramount for city agencies across the board in the wake of the Sept. 11

attacks. The Bloomberg transition team may decide that this would be an

inopportune time to hand over responsibility for safeguarding the city’s water

supply to a newcomer. An ongoing drought warning, brought on by scant rain this

fall, makes the task of taking over the agency even more daunting. Mr. Miele,

who was appointed D.E.P. commissioner five years ago, has a background in

engineering and construction that has earned him a reputation as a competent

technician who is equipped to deal with such nuts-and-bolts problems.

Mr. Miele has always enjoyed good standing within the Giuliani

administration, both because of his loyalty to the Mayor and his ability to get

along with the businesses regulated by the agency.

Still, environmentalists have no shortage of gripes about Mr.

Miele. For one thing, they say, he’s too dismissive of concerns about the

quality and reliability of the city’s water supply. Once, during an interview

with Mr. Miele conducted in his office by WNBC, reporter Tim Minton asked about

the safety of a water tunnel that connects upstate to the city.

“Can you assure New Yorkers that [the tunnel] will not collapse

tomorrow, next week or next month?” Mr. Minton asked.

“I don’t think I can do that,” Mr. Miele replied. “But I also

can’t guarantee that you’ll make it out of my office alive without slipping on

a banana peel and breaking your neck.” (Mr. Minton returned to his office

without incident.)

In another episode-one that attracted virtually no attention in

the press-Mr. Miele pled guilty in August to two criminal violations of the

U.S. Clean Water Act. He admitted in federal court that his agency, charged

with defending the water supply, had contaminated the water with mercury and

PCB’s. The D.E.P. was fined $50,000 as part of a plea-bargain arrangement that

also placed the agency on probation and called for an independent monitor of

its activities. In a letter to the court requesting the plea agreement, the

U.S. Attorney described the D.E.P. as an agency where “environmental laws

[have] not been a priority among those at DEP entrusted with running the water

supply system.”

Then there’s the matter of Mr. Morgenthau. In the spring of 2000,

Mr. Miele, whose agency was being sued by a D.E.P. whistleblower, testified

under oath in U.S. District Court that his agency had “a contract to build” an

underwater vehicle that would gauge the severity of a potentially disastrous

leak in the Delaware Aqueduct. But when the New York Post subsequently contacted

the company that was supposed to build the machine, the paper found that the

contract didn’t exist. (The underwater vehicle is currently under design and is

scheduled to be operational by October 2002.) Environmentalists had warned that

the leak needed urgent attention because it could cause the collapse of a key

water artery, leaving the city in a water crisis.

Armed with proof of what they

believed was perjury by Mr. Miele, attorneys for Riverkeeper invoked an obscure

section of the City Charter that states: “Any officer or employee of the city

or of any city agency who shall knowingly make a false or deceptive report or

statement in the course of duty shall be guilty of a misdemeanor and, upon

conviction, forfeit such office or employment.” The attorneys took their case

to Mr. Morgenthau’s investigators, who are still reviewing the claim.