Professional Documents
Culture Documents
could not promise in advance what those conclusions might be. Some might nonetheless choose
to discount the dangers to which I testified at yesterdays hearing on the proposed rezoning. If they
want to underestimate my commitment to say only what I believe to be true, or to mistrust my
expertise and experience, thats their prerogative but why put the taxpayers at risk if they turn
out to be wrong?
A guarantee from SL Green costs the City nothing and provides a basic layer of vital protection.
If the Law Department is right and our claim fails, no harm is done in having sought
indemnification. If they are wrong, a great harm will be averted. In other words, the City has
nothing to lose and everything to gain by seeking indemnification for the One Vanderbilt Special
Permit associated with the Vanderbilt Corridor rezoning. As the steward of the Citys finances and
watchdog for the taxpayers, you are in a unique position to bring a measure of common sense to
this process. Your clear desire to protect the taxpayers at no risk to the City should make this
decision fairly straightforward. I am not asking you to settle with Boies Schillers client or admit
liability in any way. I am asking only that if the zoning does result in liability, then that liability
should fall on the private party benefitting, not on the City.
In short, I am asking you to take a very simple step to protect the taxpayers. Require
indemnification. Avert a significant potential harm. I realize that others see the potential harm
differently. But I cant understand why they wouldnt bother to take the basic step of protecting
the taxpayers on the chance that I happen to be right.
Thank you for your consideration.
Respectfully,
Laurence H. Tribe
Carl M. Loeb University Professor, Harvard University,
and professor of law, Harvard Law School
University title and affiliation included for identification purposes only; the views expressed are solely those of the
author as a scholar of constitutional law.