How could it happen?

After reading a recent blog piece about a New York State brain injury council being in total disarray a friend of mine asked, “How could it happen?”

Good question.

How could a council, formed by an act of a state legislature, drift so glaringly far from its mandated purpose? The New York State Traumatic Brain Injury Council (TBISCC) is, “Under Article 27-CC of the New York State Public Health Law…mandated to recommend long-range objectives, goals and priorities, as well as provide advice on the planning, development and coordination of a comprehensive, statewide TBI program.” Yet, as readers of this blog already know, nothing has happened.

There are two people claiming to be chair and vice-chair who aren’t. If the council were to abide by its by-laws, one of the two hasn’t been a member of the council for more than nine years.

What is it that leads people to turn a blind eye, remain silent, including other council members, when others blatantly break the rules? That, and what leads those who break the rules to do so knowing their actions will damage the lives of people with disabilities, in this case New Yorkers with brain injuries? It is not a coincidence that several of the current vacancies on the council are meant for people with brain injuries, yet the agenda for the upcoming December 10 meeting doesn’t mention this.

Back to, how could this happen?

When my friend first asked the question the first thing that came to mind was Abraham Lincoln’s quote: “Nearly all men can stand adversity, but if you want to test a man’s character, give him power.” 

Sit in on a few meetings with Michael Kaplen ( he still insists he is the council’s chair) and you’ll quickly learn he is a bully. I’ve been in meetings with him as participant and observer and witnessed him yelling at people and threatening people. Judith Avner, whose term on the council has been over for more than nine years yet still claims to be the council’s vice-chair, is another kettle of fish entirely. She charms, cajoles, and, were there awards for lip-service skill, would win gold or silver every time.

Having said all this, Avner and Kaplen are not hard to understand. Both strike me as being rather weak and insecure people who, by inflicting their will on others are able to feel some sense of control in life and some sense of, well, power. But what’s the cost? New Yorkers with brain injuries and their loved ones suffer as a result. The fact Kaplen and Avner, both attorneys, know their behavior leaves New Yorkers with brain injuries in the lurch reveals a lack of character.

The real question is, what empowers the enablers? The New York State Department of Health knows full well the council is a mess. Thus far it has said and done nothing. In fact, it sends high-ranking staff to council meetings and answers some council questions.  Perhaps one reason for the lack of DOH oversight can gleaned by  considering a July 5, 2011 blog post: “Minutes from a September 9, 2003 meeting say the council drafted a letter to then DOH official Betty Rice expressing the council’s dissatisfaction “with not being allowed to review (TBI Waiver Manual’s) revisions.”  This underscores what has been an ongoing pattern with the DOH for years; they are not interested in outside input. An ineffective council is to its liking.

But why the silence from other council members? Why the silence from members of the NY State Legislature? What are people afraid of, if, in fact, it is fear that gets in their way?

Perhaps, if council members, and others, listened to and heeded the advice of two heroes of mine (and many others) things might take a turn for the better.

  • Elie Wiesel: “Take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented.”
  • Dr. Martin Luther King, Jr:  “Our lives begin to end the day we become  silent about things that matter.”

This writer did send an email along with information about the council to Dr. Nirav Shah, the New York State Commissioner for the Department of Health.

4 thoughts on “How could it happen?

  1. This is a good piece, Peter. However, the time is NOW for dropping the hammer. Let’s talk about how that is done. Shall I volunteer for one of their positions?

    The Lincoln quote is fitting here, but too generous. The action and inaction of these two LAWYERS is a CRIME.

    Tim Kelley

  2. Lets face it. That fund was SO BIG – it caught the attention of the greedy and how were they going to get there piece? You are fighting the good fight, Peter. Hope it leads to a better place for all the fund was set up for.

  3. Peter, we do not always see eye to eye, but I do think you are an intelligent person with great common sense , I believe you are headed in a fitting direction and you are not afraid to take a stand on an issue….I am just wonder what the real issue is here? Is it that there are supposed to be vacancies filled on the council? How long have they been empty? AND if they were supposed to be filled, how is that accomplished? Where does it provide for council members to be individuals with brain injuries? Does the DOH have ulterior motives in not allowing the councils input?

    It is so sad today that politically correct, political infighting, and personal agendas take over what was originally intended to be an agency to help those disabled with brain injuries. I will have to see if I can obtain a copy of the by-laws and stated charter intentions of this council,

    1. Howard, good to hear from you. It seems to me the real issue here is comprised of several things. First, you have a council that is not doing what is supposed to be doing as mandated by the state legislature. The council’s mandate, in short, is to provide ideas and proposals to the DOH to better support NYers with brain injuries. Second: the council does not abide by its own by-laws. One of the two at the council’s helm isn’t even on the council anymore and the other is not duly elected. Third, some of the current vacancies on the council are earmarked for individuals with brain injuries. It is telling that those seats don’t get filled. The subject of filling them is not included on the Dec. 10 agenda which gives you a glimpse of how the importance council’s leadership gives to the voice of those with brain injuries. And then, of course, the council has all these groups come and present information, yet, the information is never disseminated, nor is it woven into a proposal for the DOH. If you go to this blog’s Nov. 25, post, you will see two places to click for the by-laws in the third paragraph and a place to click for the agenda in the first paragraph.

      Be well, thank you for writing in and reading the blog.



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