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Who's Saying What on Term Limits
August 22nd, 2008

We’ve been reluctant to venture into the third term for Bloomberg issue because it seemed like just the latest round in the series of gambits designed to feed the mayor’s ego floated by aides who want to keep the billionaire’s money flowing. What next? Bloomberg for pope perhaps (a refreshingly ecumenical choice)?

That said, though, this is an issue of concern to many Wonkster readers and contributors, so here’s a guide to who is saying what about the possibility of a change in term limits that would bring back Mayor Mike (and his City Council minions) for at least four more years.
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By Gail Robinson on August 22, 2008, 12:53 pm
In category: Electoral Politics, Gotham City, Law, Voting
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Remedial Lessons in Civil Liberties
August 20th, 2008

The $2 million awarded to people arrested for protesting — or looking like they might protest — on the streets of New York in April 2003 should “serve as a wakeup call to police departments across the country. … The lesson is simple: In the United States of America, you don’t arrest people simply because they assemble to protest government policy,” Juan Gonzalez writes in the Daily News.

But will it serve as a wakeup call to New York’s own police? If words and deeds serve as a guide, probably not.
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By Gail Robinson on August 20, 2008, 10:48 am
In category: Civil Rights, Law
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Landlord Lawsuit Harasses Council
August 18th, 2008

Surprise — landlords don’t like the City Council’s tenant harassment bill that was approved five months ago and signed by Mayor Michael Bloomberg.

Beyond dislike, they are now trying to throw it out entirely.

Prometheus Realty Corp. and the Rent Stabilization Association of New York City have filed a complaint with the state Supreme Court, arguing that the city unlawfully went out of its jurisdiction when it approved the legislation earlier this year. (Here is a copy of the complaint via the Daily Politics)

The bill allows tenants to pursue legal action against their landlords for harassment, which includes continual interruption in essential services (like hot water) to the damaging of locks. If found guilty, landlords could face fines as high as $5,000.

Some protections were established in the law to ensure landlords were not constantly bombarded with frivolous lawsuits.

The bill has not been without controversy before this. Councilmember Leroy Comrie had proposed legislation simultaneously that provided landlords protection from harassment, instead of tenants. He eventually abandoned that bill.

In response to the lawsuit, Speaker Christine Quinn released the following statement:
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By Courtney Gross on August 18, 2008, 7:01 pm
In category: Albany, Civil Rights, Gotham City, Housing, Law
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An Imam in the House
August 14th, 2008

Just three days after our story highlighting the lack of religious representation during the City Council’s pre-meeting prayer, or formally its invocation, an imam made an appearance at the head of the City Council chamber this afternoon.

Saying Speaker Christine Quinn invited him, Imam Malik Sakhawat Hussain of Coney Island’s Al-Mahdi Foundation recited a prayer from the Koran then added a little political commentary.

Hussain is the first imam to give the invocation in more than a year (maybe more) at City Hall. Some groups who advocate for the abolishment of such prayer services, which, frankly, are given by most legislative bodies in the country, say the prayer in part disenfranchises citizens because certain religions are rarely represented.
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By Courtney Gross on August 14, 2008, 6:22 pm
In category: Civil Rights, Law
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'Acting' State Supreme Court Justices
August 1st, 2008

Forty-four percent of the city’s Supreme Court justices are ‘temporary’ appointees, according to the latest article in Judicial Reports. Of those 137 temporary justices, 41 have held those seats for over 10 years.

Supreme Court justices are supposed to be elected. But to handle the case load of the court, the Chief Administrative Judge can appoint these justices from the ranks of lower courts. Some are even appointed to the Court of Claims with the sole intention of moving them onto the Supreme Court.

It seems that this situation is caused by the state constitution, which limits the number of judges per 50,000 residents of a judicial district.

Click here to read the whole article.

By Mike Muller on August 1, 2008, 11:18 am
In category: Law, Voting
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Sticking to Their Guns
June 26th, 2008

Today’s decision by the Supreme Court that the District of Columbia’s virtual ban on handguns violates the 2nd Amendment to the Constitution is being hailed as a victory for gun owners.

But Mayor Michael Bloomberg, founder of Mayors Against Illegal Guns, was quick to see a silver lining. Although he had not yet read the decision, he told a press conference that he believes the court endorsed the group’s advocacy of “reasonable regulation,”

“My first understanding from the briefing that I got is no, it will not” have a serious impact on the city’s extensive gun regulations, Bloomberg said. New York City did file a brief supporting the D.C. law.

Some believe New York City’s gun law could be challenged, however. Many guns laws will probably stand up “under the ruling, which appears to permit licensing laws, bans on possession by felons or the mentally ill and prohibitions against carrying concealed weapons or guns in schools or government buildings,” according to Adam Liptak of the Times. But he quotes one of the winning lawyers in the case, Robert Levy, as saying “There is likely to be quite a flood of litigation to try to flesh out precisely what regulations are to be permitted and which ones are not. The challenges are likely to be in Chicago, New York, Philadelphia and Detroit.”

Patrick Brophy, lawyer for the New York State Rifle and Pistol Association, said his organization would be examining the ruling and how it might affect New York. “As long as a licensing system is not administered in an arbitrary and capricious way, that may be entirely permissible,” he told the Daily News. But, he continued, New York’s licensing system could faces challenges on the basis of the relatively high fees and the six-month wait for a license.

Almost as soon as the ruling came down, the Second Amendment Foundation and the Illinois State Rifle Association sued Chicago and its mayor in an effort to overturn that city’s handgun ban, the Chicago Tribune reports. Certainly Bloomberg’s counterpart in Chicago, Richard Daley, was nowhere near as sanguine as Bloomberg about the Supreme Court’s decision.

Calling the ruling, “very frightening,” Daley said, “Does this lead to everyone having a gun in our society. … If they [the Supreme Court] think that’s the answer, then they’re greatly mistaken. Then why don’t we do away with the court system and go back to the Old West, you have a gun and I have a gun, and we’ll settle it in the streets if that’s they’re thinking. … The rest of the world is laughing at us.”

By Gail Robinson on June 26, 2008, 5:10 pm
In category: Crime, Law
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Crisis in the Courts
June 2nd, 2008

New York’s justice system is facing a triple crisis, the Times cautions in an editorial today. Judges are grievously underpaid; the system of providing legal aid to poor people in criminal cases faces “exploding caseloads, atrocious lawyering and ‘grossly inadequate’ financing”; and Family Court desperately needs more judges. Facing all these issues, the editorial urges, “Albany needs to pull the state’s justice system, which was once a national leader, into the 21st century.”

For other views of the criminal justice system in New York, see Gotham Gazette’s “Looking at Incarceration.” Today, writers examine the decline in detention in New York — for adults and juveniles — and what the next steps might be, as well as medical care for those in jail and protecting a particularly vulnerable group of young offenders.

By Gail Robinson on June 2, 2008, 9:45 am
In category: Albany, Crime, Law
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Gay Rights - It's Nothing Personal
May 29th, 2008

Well that was quick.

The directive from Gov. David Paterson that all state agencies recognize out-of-state same-sex marriages is already being challenged by Senate Majority Leader Joseph Bruno, who is considering suing to block the move, reports the Daily Politics.

But of course, none of this is personal. It’s all about the separation of power in government, and Paterson has overstepped his authority, Bruno says. He also argues he had not received a heads up about the directive, (which the Politicker has posted here). Legal experts tell the Daily Politics that the directive is legally weak, and vulnerable to a challenge.

State Conservative Party Chair Michael Long takes a similar stance. “The California judges overturned the will of the California people and Governor Paterson is apparently trying to do the same thing in New York,” he said in a statement.

But Politics on the Hudson reports that Paterson argues he is actually protecting the state from lawsuits with the directive. He told reporters today that the ruling by a state appeals court in February directed the state to recognize such marriages, and that the state would face lawsuits if he hadn’t acted. Again, it has nothing to do with his personal preferences, he was just performing his legal duty to the state. (Of course, he took a different tact in his video to the Empire State Pride Agenda, where he promoted it as a civil rights issue.)

By Mike Muller on May 29, 2008, 3:21 pm
In category: Civil Rights, Law
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Judicial Primaries [Updated]
May 23rd, 2008

The Politicker has been picking up on the movings and shakings this past week of Manhattan’s judicial primaries. The blog posted a primer on the Surrogate’s Court, which basically handles the estates of the deceased. It also has a backgrounder on the candidates in that race and the political operatives that are helping them. Yesterday, they wrote about the results of a screening panel that assessed the qualifications of candidates for Civil Court in Manhattan’s 1st district.

There are other judicial primaries beyond these. The Bronx will have a countywide election for Civil Court judge, as will Brooklyn, which will vote for three judges, and Queens, which will elect two. Also, there are Civil Court elections in the 1st and 4th districts in Brooklyn, as well as in the 4th district in Queens. (Click here to find which district you live in.) [Update: The Politicker now reports that an additional countywide Civil Court seat has just opened up. The vacancy is due to the recent confirmation of Gov. David Paterson’s appointment of Manhattan Civil Court Judge Shirley Werner Kornreich to fill an interim vacancy in the Appellate Division.]

While these Civil Court elections are for specific districts within each borough, once elected, they serve in the same capacity as those judges elected in countywide elections. The Civil Court handles claims of $25,000 or less, in addition to landlord-tenant disputes.

There will also be elections for Supreme Court justices, but voters during the primary will vote for Judicial Delegates, who will in turn pick a candidate for the general election. Voters registered in the Democratic, Republican and Independence Parties will choose delegates in all five boroughs, although there are only Supreme Court elections in Manhattan, Staten Island, and Brooklyn. Although a federal appeals court had ruled this system unconstitutional, the U.S. Supreme Court overturned that ruling at the beginning of the year.

By Mike Muller on May 23, 2008, 1:16 pm
In category: Law, Voting
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Park Battles
April 30th, 2008

In a city where everything is contentious, add another item to the list: parks. The Observer reports on the trend for community groups to fight parks in their midst, often with lawsuits and often with some success.

The groups do not oppose green space and trees but say they object to the “public-private partnerships undertaken by the Bloomberg administration to develop or to change the parks.” This issue has arisen at Union Square, where a lawsuit has at least temporarily blocked plans for a private restaurant, and on Randall’s Island where another suit has halted the city’s plan to give private schools priority in using playing fields.

The opponents also voice a complaint that has come to characterize the Bloomberg administration: They don’t consult with people in the community. “This is the worst situation I’ve ever encountered in terms of [dealings with] the community Carol Greitzer, a former councilwoman from the West Village who helped start 250+ Friends of New York Parks, told the Observer. “They come up with a plan. Maybe—maybe—if you’re lucky, you can tweak it slightly, but that’s about all you can do.”

For more on the administration’s approach to planning, see Is the Long-Term Sustainability Plan Sustainable? by Tom Angotti.

By Gail Robinson on April 30, 2008, 9:06 am
In category: Community Development, Land Use, Law, Parks
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A Member Item Ban
April 21st, 2008

The City Council’s member item mess continued to draw out over the weekend, with both the Times and the Post calling for a series of greater reforms by Speaker Christine Quinn.

Their call follows one from the Daily News earlier this month, which urged the speaker to abolish all member items.

Both the Post and the Times took similar stances - contending the indictment of two council staffers last week who misused funding earmarked for community organizations was indicative of the potential for corruption within the council’s allocation of discretionary funding.

“It is disappointing that Ms. Quinn is not calling for the elimination of the discretionary funds,” read Saturday’s New York Times editorial. “Legislators are elected to pass laws and draw up budgets, not hand out money to favor-seekers.”

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By Courtney Gross on April 21, 2008, 1:05 pm
In category: Crime, Economy, Finance, Gotham City, Law
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The Scandal's Afterlife
April 16th, 2008

City Hall was abuzz over the indictment of several City Council staffers today, and many city officials don’t foresee this being the last we’ll hear of it.

Some predict the corruption “runs deep,” while others wonder whether this will spark even more drastic reforms for the allocation of the council’s member item funding.

Others laughed, or even rolled their eyes, when asked whether they thought Councilmember Kendall Stewart knew nothing about his chief of staff’s alleged embezzlement scam.

What this will mean for Speaker Christine Quinn’s reforms proposed last week, much to the chagrin of a majority of the council, we don’t yet know. While her proposal took aim at the speaker’s discretionary pot — which accounts for more than $20 million of the council’s discretionary money — the indictment released today shows it was Stewart’s discretionary money that primarily funded this sketchy nonprofit.

Could greater oversight or control now be sought for individual member item funding? We shall see.

By Courtney Gross on April 16, 2008, 5:29 pm
In category: Crime, Gotham City, Law
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Council Staffers Indicted, Quinn is Without Info
April 16th, 2008

Two council staffers, one the former chief of staff to Councilmember Kendall Stewart, were indicted on federal charges today for allegedly steering public money into their own pockets through an educational nonprofit organization, the Donna Reid Memorial Education Fund.

The former chief of staff, Asquith Reid, and Jocyinth Anderson, a council staffer, could face decades in prison if found guilty of the federal charges, which include money laundering and mail fraud. The indictment was released this afternoon by Michael J. Garcia, the United States attorney in Manhattan, and Rose Gill Hearn, commissioner of the city’s Department of Investigation. Garcia said today the investigation was ongoing.

The release followed a tumultuous week at City Hall, where City Council Speaker Christine Quinn has been entrenched in a budget scandal (See related story here). That scandal broke less than two weeks ago, when the Post revealed the council had allocated discretionary funding to fictitious organizations. The funding eventually went to legitimate groups midway through the budget cycle.

According to the indictment, the Donna Reid Fund was a nonprofit organization that provided educational assistance to public school children.
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By Courtney Gross on April 16, 2008, 4:47 pm
In category: Crime, Gotham City, Law
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Council Staffers Indicted Over Scandal
April 16th, 2008

The Daily Politics is reporting that the U.S. Attorney’s Office and the city’s Department of Investigation will release an indictment today on the City Council’s slush fund scandal.

This from the AP via 1010 WINS, which is reporting one staffer is the former chief of staff to Councilmember Kendall Stewart, Asquith Reid, who left his office in December. Also named by the AP is council staffer Joycinth Anderson.

As the Daily Politics notes, the press conference coincides with Speaker Christine Quinn’s routine pre-stated press conference, where, I’m sure, she’ll face questions on the news.

More to come later.

By Courtney Gross on April 16, 2008, 11:21 am
In category: Crime, Gotham City, Law
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Bogus Groups Get Cash, Kinda (UPDATED)
April 3rd, 2008

Who knew that budget transparency meant siphoning off cash to transparent, or shall we say nonexistent, organizations?

After several months of investigation, The Post has learned that about $4.7 million was doled out in the city budget to fake organizations, essentially keeping the money aside to be used as a slush fund — the speaker’s office is spinning it as “reserves” — by Council Speaker Christine Quinn.

The fake groups include the American Association of Concerned Veterans and the Association of Community Partners.

According to the Post, Quinn knew funds were kept in reserves, but did not initially know the money had been allocated to fake organizations.

Here is the council’s Schedule C, or its member items and council allocations, from this fiscal year. Anyone see any bogus groups?

Update: Here, via the Staten Island Advance, is a response from Quinn to the report. She reportedly denied at a press conference this morning that the slush fund was used to peddle influence among council members.

By Courtney Gross on April 3, 2008, 12:43 pm
In category: Economy, Finance, Gotham City, Law
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A Congestion Pricing Update
April 2nd, 2008

Is there anything going on besides the all-consuming congestion pricing debate? I’ve looked without any luck.

So here is another update.

William Thompson, comptroller and potential mayoral candidate (for more mayoral candidates and other potential candidates for city or state office both this year and next, check out our new feature: Who’s Running For What) has come out in support of the plan — again.

Here is a letter he sent to the State Legislature and the governor, which “reiterated” his support for congestion pricing and responded to some of the most recent changes.
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By Courtney Gross on April 2, 2008, 5:17 pm
In category: Albany, Environment, Gotham City, Health, Law, Transportation
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Doctoroff Remains on Boards
March 25th, 2008

The city’s Conflicts of Interest Board has just confirmed former deputy mayor for economic development turned president of Bloomberg L.P. can continue to sit on both the boards of the Governor’s Island Preservation and Education Corporation and the Hudson River Park Trust.

Daniel Doctoroff was also granted a waiver to remain as a consultant on some of the major development projects he has spearheaded, including Moynihan Station, PlaNYC 2030 and Queens West.

The board had confirmed some of this in December when Doctoroff announced he would be leaving Bloomberg’s administration for Bloomberg’s mega-company. The supplemental opinion confirmed that he could also sit on several boards because they are uncompensated positions and also that he could continue to act as a consultant, as long as he recused himself from certain real estate negotiations at Bloomberg L.P.

For the full text of the opinion, go here.

By Courtney Gross on March 25, 2008, 1:22 pm
In category: Electoral Politics, Gotham City, Land Use, Law
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A Congested Council Chamber (Update)
March 25th, 2008

For about 12 hours yesterday, members of the City Council questioned, berated and at times applauded both foes and supporters of Mayor Michael Bloomberg’s congestion pricing plan (Even at 7 p.m. last night — the hearing went for three hours beyond that — the council chamber was packed with a standing room only crowd).

Could all that now go to waste?

City officials said the City Council would not consider a home rule message at tomorrow - Wednesday’s - stated meeting. Instead, officials confirmed, the council will wait until a compromise is hashed out in the capital.

Right now, there is legislation in the Senate, but nothing is mirrored in the Assembly.

In order for the council to approve a home rule message, otherwise known as a state legislative request, they need a bill number, said city officials. Therefore, they argue, they need a final compromise upstate before they can draft anything permanent downstate.

This all means congestion pricing, like so many other major proposals in the city, is subject to the whim of Assembly Speaker Sheldon Silver, and we may never know where some legislators stand on the proposal.

Update: We just checked with Silver’s office, following up on some of the questions we asked them last week. The only comment we got from his spokesperson Dan Weiler was that there was no bill introduced in the Assembly. Weiler could not elaborate on whether there would ever be one either.

By Courtney Gross on March 25, 2008, 12:07 pm
In category: Albany, Environment, Gotham City, Health, Law, Transportation
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Congestion Legislation Emerges
March 19th, 2008

The Daily Politics is reporting that congestion pricing legislation has emerged in Albany, though members of the City Council have yet to get their hands on it.

Though both the State Legislature and the City Council must approve a congestion pricing plan, the council must approve its home rule message first — so the issue can be taken up in Albany. (The home rule message is standard and done whenever the state decides an issue that treads on the city’s turf.)

The council just released the following (a reference to any legislation is noticeably absent):
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By Courtney Gross on March 19, 2008, 3:20 pm
In category: Albany, Environment, Gotham City, Health, Law, Transportation
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Congestion Deadline Delayed
March 19th, 2008

So the solid, drop-dead congestion pricing deadline has changed — again.

What was supposed to be a do or die date of March 31 is actually the first week in April, according to the federal Department of Transportation. The department has reportedly determined that the legislature would have to approve a plan 90 days after the start of the legislative session, which is April 7.

(This is the second time the Bloomberg administration has switched the date. The first was before the state legislature approved the formation of a commission to study the proposal last year.)
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By Courtney Gross on March 19, 2008, 2:40 pm
In category: Albany, Environment, Gotham City, Health, Law, Transportation
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