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By Thomas Hauser
Dear Governor Hochul -- I received several text messages earlier this month from someone I don't know who wrote to me about a problem at the New York State Athletic Commission. Two days later, I got a telephone call about the same issue from someone I respect and know reasonably well.
These people reached out to me because, over the years, I've written a series of investigative reports about the New York State Athletic Commission. Sometimes the problems I write about are self-evident. Other times, people contact me regarding issues I'm unaware of in the hope that something I write will lead to positive change. On eight occasions, articles I've written have been honored by the Boxing Writers Association of America as the "best investigative reporting" of the year. In other words, there's some substance to what I write.
I hope this article lands on your desk. The New York State Athletic Commission is a small state agency whose mandate pales in comparison to the job of overseeing public health, public education, mass transit, and a host of other needs. But because it's a small agency, it can be understood and the problems within it can be fixed.
What's happening now at the NYSAC is happening on your watch. Andrew Cuomo is gone. How you deal with this situation will be regarded by people familiar with the issues involved as a litmus test for how you govern as opposed to how you talk about governing.
First, a word about the New York State Athletic Commission, since you're probably only vaguely familiar with it. The NYSAC is charged with regulating combat sports in the State of New York. This means boxing, mixed martial arts, and professional wrestling. You might ask why the State of New York regulates professional wrestling (which is scripted entertainment). The answer is that some NYSAC employees like to be paid a per diem salary in addition to being reimbursed by taxpayers for the cost of meals and transportation to watch Roman Reigns and Brock Lesnar cavort around a wrestling ring. You could save New York taxpayers some money by ending this silly regulatory practice.
The New York State Athletic Commission falls within the jurisdiction of the New York State Department of State. This places it directly under your control.
Some capable conscientious public servants work at the NYSAC. But too often, political connections take priority over performance. This applies to some - not all - fulltime jobs at the commission as well as the selection of fight-night officials such as inspectors, referees, and judges.
On November 2, 2013, a Russian heavyweight named Magomed Abdusalamov suffered life-changing injuries in a boxing match at Madison Square Garden. Ultimately, the State of New York paid $22 million to Abdusalamov and his family to settle claims alleging substandard medical protocols and improper conduct by New York State Athletic Commission personnel that night.
The Abdusalamov case led to an investigation of the NYSAC by the Inspector General of the State of New York that began as a review of the commission's medical practices and expanded into a broader study of its overall operation during the tenure of chairperson Melvina Lathan. The subsequent report of the Inspector General (which was released in 2016 and covered a wide range of issues, many of which were unrelated to Abdusalamov) documented numerous instances of incompetence and corruption at the NYSAC.
There have been periods of good oversight at the NYSAC, most notably during the tenure of David Berlin. In May 2014, in the wake of the Abdusalamov tragedy, Berlin was brought in to serve as executive director of the commission. He was respected throughout the boxing industry as a competent, honest, knowledgeable administrator who refused to put a political agenda ahead of properly doing his job. Most notably, Berlin sought to implement standards and accountability and curb the use of the NYSAC as a favor bank for powerful economic interests and a source of employment for unqualified job seekers with politically-well-connected friends. Berlin's approach to his job offended your predecessor. In May 2016, he was fired. Since July 2017, Kim Sumbler (who to the best of my knowledge lives in Canada) has been the NYSAC executive director. Sumbler is more compliant in dealing with the powers that be than Berlin was.
There are two fulltime positions on the NYSAC organizational chart directly below Sumbler - director of boxing and director of mixed martial arts. In recent years, Matt Delaglio and Ed Kunkle have done a credible job of filling these roles. But on September 3, 2021, Kunkle resigned. That set up the search for a new director of mixed martial arts and brings us to the text messages and telephone call that I received earlier this month.
The first text message read, "Are you aware that the NYSAC hired Todd Anderson as the new MMA coordinator after the Commission manipulated job requirements? He would not have qualified under previous posting."
This text was accompanied by a screen shot of a statement posted on social media by a minor sanctioning body official that read in part, "To hire a person with Zero experience as a regulator to oversee and regulate combat sports in NYS is laughable and makes this state what it was prior to 2016. I have no faith in this state, its Department of State, or Athletic Commission."
Then I received additional texts from the original correspondent with messages like, "I do not work for the commission nor have I been in a professional setting with Sumbler. But I have witnessed her nepotism in action with her sister Jackie, and I certainly am aware she's a long-term personal friend of Todd Anderson's . . . I do not know Todd. I'm sure he's a nice guy. But I find it odd that she would recruit a personal friend who resides in Canada . . . It's all deeply disappointing and disconcerting. Hiring Todd, who does not have the regulatory experience, is questionable for the integrity of the sport in NYS . . . I reached out to you because something about this scenario doesn't appear ethical or lawful. As a journalist, you have a voice which can be amplified."
Then I received the telephone call that I mentioned above from someone I know and respect who also complained to me about Anderson's appointment. At that point, I decided to do some research.
First, let me address the claim of "nepotism" relating to Sumbler and her sister. Prior to joining the New York State Athletic Commission, Sumbler oversaw combat sports for the Seneca Nation of Indians Athletic Commission. Her sister (Jackie Grant) now has that job. I assume that Sumbler had some input in her sister's selection. But that doesn't mean it was inappropriate.
Then I turned my attention to Todd Anderson - a retired police officer who lived in Canada through the end of 2021. According to opengovca.com, Anderson was a sergeant with the Niagara Regional Police Service in Ontario. He's also an MMA referee who has been widely criticized for his performance.
Go to Google. Type "Todd Anderson" after "exact word or phrase." Then, after "any of these words," type in "MMA." Now hit search. Some of the headlines that appear are, "Dana White is critical of UFC 208 main event referee Todd Anderson" and "Dana White blasts main event referee Todd Anderson." Scroll down and you'll come to an article entitled "The Top 10 Worst Referees in MMA of All Time." Anderson is #2 on the list. These lists are subjective. You could probably find an article posted somewhere that lists me as one of the ten worst boxing writers of all time. And Bellator seems comfortable with Anderson's refereeing. But one UFC insider recently told me, "Todd Anderson is a lousy referee."
Of course, just because someone might be lacking as a referee doesn't mean that he, or she, isn't a fine administrator. So next, I looked at the qualifications required by the New York State Athletic Commission to be its director of mixed martial arts.
Three years ago when the job opening was posted by the Department of State prior to Ed Kunkle's appointment, the listing read, "MINIMUM QUALIFICATIONS: Five (5) years of supervisory regulatory experience overseeing Mixed Martial Arts (MMA). Three (3) years of this experience must have been in a role exercising management responsibilities over staff."
However, when the same opening was posted by the Department of State on September 20, 2021, it read, "MINIMUM QUALIFICATIONS: Five (5) years of governmental regulatory experience in a supervisory or management role. Three (3) years of this experience must have been in a role exercising management responsibilities over staff."
In other words, it was no longer required that the five years of regulatory experience in a supervisory or management role involve "overseeing Mixed Martial Arts." Instead, the applicant was required to demonstrate "skills with regard to composition of reports and memoranda" and "in-depth knowledge of professional and amateur Mixed Martial Arts (MMA)."
So, let's look at Todd Anderson's "five years of governmental regulatory experience in a supervisory or management role," three years of which are required to have been "in a role exercising management responsibilities over staff" and also his "demonstration of skills with regard to composition of reports and memoranda."
A well-placed source at the New York State Athletic Commission says the party line on this is, "Well, Todd was a police officer." A police officer in Canada who doesn't appear to have been in a supervisory or management role exercising management responsibilities over staff.
The same source says that Sumbler led the interview process that resulted in Anderson's appointment.
In an effort to confirm that Anderson had been appointed as the NYSAC's new director of mixed martial arts, I sent two emails to the Department of State public information officer assigned to the commission. Neither email elicited the courtesy of a response. I then sent a third email requesting interviews with Sumbler and Anderson. I hoped to speak with Sumbler, not only about Anderson but also about some of the larger issues that the NYSAC faces today. Again, there was no response.
That's from the Andrew Cuomo school of transparency and open government.
Finally, on January 15, Newsday reported Anderson's appointment.
I don't know Todd Anderson. I don't know anything about his administrative ability. I do know that two people - one of whom I respect a great deal - have concerns about his appointment.
Maybe Anderson will do a good job as director of MMA. But the process doesn't feel right. As the source who telephoned me about his appointment said, "Todd comes from Ontario. He's friendly with Kim Sumbler. It was clear that Kim wanted this from the start, and she chose Todd over at least one applicant who was clearly more qualified than he is. Coming to New York and fighting at Madison Square Garden or Barclays Center is the highest level of MMA in the world. And you're putting someone with no real regulatory experience in charge."
Governor Hochul, when you took the oath of office last August, you pledged to implement "a dramatic change in culture with accountability and no tolerance for individuals who cross the line." That's a direct quote.
Reporting on your January 5, 2022, State of the State address, the New York Times recounted, "Governor Hochul vowed to open a new chapter of ethical, more transparent government. The package of ethics and government reforms were meant to hold accountable elected officials in a State Capitol with a long history of graft and corruption."
One component of good government is ensuring that taxpayers get fair value from employees who are on the public payroll. I question whether that's happening now at the New York State Athletic Commission.
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