BP: THEY HAVE NO CASE Federal Judge Recommends Denial Of Trustees’ Lawsuit Aug. 29 to file objections and potentially appeal the ruling. “The six trustees are distinguished leaders with long records of service to the community. They could not allow the actions by the borough president to go unchallenged,” said attorney Doug Grover. “They brought this action to assert the independence of the library and the right of every trustee to act without political interference. They are understandably disappointed by today’s outcome but remain true friends of the library and hope for its continued success.” Can’t rely on Contract Clause Each of the six were previously appointed by former Queens Borough President Helen Marshall and rebuffed calls Katz and other lawmakers made to reform Queens Library in the wake of scandals surrounding its president and CEO, Thomas Galante. In an 11-page memorandum filed last Monday, Aug. 4, in U.S. District Court in Brooklyn, City Corporation Counsel Zachary Carter argued the trustees’ lawsuit against Katz was flawed, charging the borough president had cause and authority under recently-passed state legislation to take such action. Carter charged the six trustees’ lawsuit is primarily based on the federal Contract Clause, but such an argument was rendered inadequate due to a previous federal court ruling upholding a state’s power “to amend or repeal corporate charters.” The state legislature first approved QBPL’s act of corporation in 1907 and amended it multiple times in the years that followed. The counsel pointed out no objects were filed against any previous amendments to QBPL’s act of corporation that the state legislature and governor approved. “The recent amendment imposed no new duty upon the trustees concerning the furtherance of the library’s educational purposes, but only afforded the borough president and the mayor the power to respond to a breach of that existing duty,” Carter stated. “Previously, the power to remove a trustee had been assigned to the board of trustees by the QBPL’s by-laws.” TIMES, THURSDAY, AUGUST 14, 2014 • 8 by Robert Pozarycki Six ousted members of the Queens Borough Public Library (QBPL) board of trustees have no legal grounds to sue Queens Borough President Melinda Katz for removing them last month, according to a legal response on her behalf in the members’ federal lawsuit. U.S. Magistrate Judge James Orenstein seemed to agree with that assessment on Tuesday, Aug. 12, as he recommended denial of the trustees’ request for an injunction blocking their removal and a temporary restraining order restoring them to the panel. As previously reported, the six trustees—Jacqueline Arrington, Joseph Ficalora, William Jefferson, Grace Lawrence, Terri Mangino and George Stamatiades—sued Katz, Attorney General Eric Schneiderman and New York State in federal court earlier this month, charging their removal violated the U.S. Constitution. The restraining order request was to have been considered at a federal court hearing in Brooklyn on Monday, Aug. 11, but it was postponed after Judge Roslynn Mauskopf—the presiding jurist assigned to the matter—recused herself due to a long-standing and close relationship with a lawyer representing the library board in its investigation of a whistleblower complaint. “The results of the internal investigation are central to the contract claim and the First Amendment claims,” Mauskopf said, as noted in a court transcript provided to the Times Newsweekly. “The internal investigation appears to be central to the fact development in this case.” After Orenstein’s denial the next day, the attorney representing the six trustees gave no indication of whether litigation would continue. U.S. District Judge Margo Brody is expected to render an official decision, and the plaintiffs have until -SEE LIBRARY ON PG. 26- They Robbed And Roughed Up Cabbie Three bandits who robbed and assaulted a livery cab driver in Ozone Park earlier this month remain at large, police reported. The incident reportedly occurred at about 4:10 a.m. on Sunday, Aug. 3. According to law enforcement sources, a 60-year-old male taxi driver picked up the suspects from a stand located on 102nd Street near Jamaica Avenue in Richmond Hill and drove them to a location on 101st Street off Rockaway Boulevard. Upon arriving in Ozone Park, authorities said, the suspects held and, using a black handgun, pistolwhipped the driver about the face and head while demanding cash. They reportedly removed the driver’s iPhone, a tablet computer and his wallet, which contained $250 in cash and a credit card. Following the attack, they fled in an unknown direction. The incident was reported to the 106th Precinct; the driver suffered lacerations to his left eye and swelling. Anyone with information regarding the robbery or the suspects’ whereabouts that could prove helpful is asked to contact Crime Stoppers by phone at 1-800-577-TIPS; by text message to 274637 (enter information, then the code TIP577) or online at www.nypdcrimestoppers.com. All calls and messages will be kept confidential. Lighthouse Assembly of God 71-29 68th Place (bet. Myrtle Ave. & Central Ave.) Glendale, N.Y. 11385 Sunday School for all ages 9:45 am Morning Worship (& Children Church) 11:00 am Sunday Evening Service 6:00 pm Friday-Prayer, Bible Study And Youth Meeting-7:30 pm (Preaching ALL The Gospel To ALL The Family) ©Times Newsweekly - 2014 - LIGHTHOUSE 1-718-456-1203 Rev. Deo Geer, Pastor RIDGEWOOD HAIR STYLISTS 57-01 Catalpa Ave. (Cor. Seneca Ave.) 1 - 7 1 8 - 8 2 1 - 9 5 8 1 W E A L S O D O M A K E - U P • U P - D O s W A X I N G • W E D D I N G PA R T I E S ! 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