Gotham Gazette http://www.gothamgazette.com/component/tags/tag/226 Mon, 16 Oct 2017 23:43:08 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) Citing Trump Threat, Assembly Passes New Immigrant Protections Along With DREAM Act http://www.gothamgazette.com/?id=6749:citing-trump-threat-assembly-passes-new-immigrant-protections-along-with-dream-act http://www.gothamgazette.com/?id=6749:citing-trump-threat-assembly-passes-new-immigrant-protections-along-with-dream-act heastie

Assembly Speaker Heastie (photo: @CarlHeastie) 


The New York State Assembly passed a slew of bills on Monday aimed at protecting immigrant New Yorkers in the wake of the federal government’s anti-immigrant crackdown which sparked protests at airports around the country last week.

The legislative package, called the New York State Liberty Act, prohibits city and state law enforcement officials from unnecessarily questioning someone’s immigration status, decreases jail time for misdemeanor offenses, and protects the privacy of data collected through New York City’s municipal identification program. The Act, which was first announced at a news conference on Monday prior to the legislative session, was passed in conjunction with the Assembly’s fifth passage of the New York DREAM Act, which provides tuition assistance to undocumented immigrants attending higher education institutions.

The first bill, which dictates how police and government agencies may interact with immigrant New Yorkers, was sponsored by Assemblymember Francisco Moya, a Democrat from Queens who also sponsored the DREAM Act bill. “Immigrants are a vital asset to our nation and their contributions are undeniable in New York's communities, work force, colleges and universities,” Moya said, in a statement. "Our conference has been championing the DREAM Act for years and the stakes have never been higher. We cannot stifle the potential of thousands of New York students in the name of moral high ground."

The Liberty Act would also prohibit state and local agencies from expending resources to help the federal government create or maintain a database or registry based on race, color, creed, gender, sexual orientation, religion, or national or ethnic origin -- a response to President Donald Trump’s so-called “Muslim ban,” an executive order barring immigrants from seven Muslim-majority countries from entering the country. The president’s order was suspended by a federal appeals court over the weekend.

The second half of the Assembly’s legislation wades into a political tug-of-war between Mayor Bill de Blasio and a pair of Republican state lawmakers over New York City’s policy towards undocumented immigrants and what will become of the data associated with New York City’s municipal identification program (IDNYC).

The IDNYC program, launched by de Blasio’s administration in 2015, aimed to remove barriers that some New Yorkers face in obtaining identification -- including undocumented immigrants, the homeless, transgendered individuals, and the formerly incarcerated -- granting them access to important city services. So far, the city has received more than 900,000 applications for IDNYC.

The IDNYC law included a clause allowing the city to flush certain information from the records after two years, or before December 31, 2016, a clause the city was ready to invoke in the wake of Donald Trump’s election and his vow to deport all undocumented immigrants. Assembly Members Ron Castorina and Nicole Malliotakis, Republicans from Staten Island, argued that the city would pose a risk to national security by deleting that information, and sued the administration, making the case to a Richmond County Supreme Court judge that it would violate the state’s Freedom of Information Law (FOIL), which bars the destruction of city records. The lawmakers dispute privacy violation claims noting that FOIL law allows documents to be submitted with redacted information to protect individual privacy. A judge ruled in December that the city could not purge the data until the lawsuit was resolved. 

Assemblymember Marcos Crespo, a Bronx Democrat, and chair of the Puerto Rican/Hispanic Task Force, the sponsor of the new bill, noted that New York City residents signed up for municipal IDs under the impression that records would be sealed, so any inquiry into the information should be denied under FOIL exemption. A second bill sponsored by Crespo reduces the maximum sentence for misdemeanor offenses by one day from one year to 364 days, an apparent technicality that could potentially spare thousands of immigrants from deportation under federal law over certain lesser offenses. Some misdemeanor offenses can result in automatic deportation because of New York State's current sentencing standards, a harsh mandatory consequence for misdemeanor conviction. This bill would allow judges to use discretion in whether deportation is warranted for each individual case.

Citing the current anti-immigrant political climate, Crespo said, “Immigrants make substantial contributions to our communities and are being scapegoated by the White House. Now more than ever, we must take a stand against those who wish to cast millions of hardworking people to live in the shadows."

In New York City, Mayor de Blasio has vowed to protect the identities of IDNYC cardholders at all costs. "We are not going to sacrifice half a million people who live among us and are part of our community," de Blasio told reporters days after Donald Trump won the presidency.

Monday’s vote in Albany also marked the fifth time the New York DREAM Act has been passed by the state Assembly since 2010, when the federal version of the DREAM Act -- one that would put undocumented immigrants on a path to citizenship -- died in the United States Senate. In 2014, a version of the New York DREAM Act was voted down in the state Senate by a tiny margin, despite having support of the Independent Democratic Conference (IDC) -- an increasingly powerful breakaway group of Democrats that aligns itself with Republicans. Two democratic senators, Brooklyn’s Simcha Felder, who also caucuses with Senate Republicans, and Ted O’Brien of Rochester, voted against the act. The IDC leadership has indicated that the conference will continue to push for the DREAM Act. IDC member Senator Marisol Alcantara, who was recently elected to the Senate and became the sixth Democrat to join the conference, told Politico New York that passage of the DREAM Act is on the top of her agenda for 2017.

At the Monday news conference, Assembly Speaker Carl Heastie, a Bronx Democrat, said he hoped the Senate would once again take up the bill and pass the DREAM Act. “Let’s hope that this is the last time you have to come up to ask us to get the DREAM Act done,” Heastie told the crowd of activists and Dreamers who had gathered at the Capitol.

When asked how the new legislation and the DREAM Act would interact with Cuomo’s Excelsior scholarship -- which provides tuition free college for middle class New Yorkers, and includes a provision for funding for Dreamers -- Heastie said the plan was a good one, but the Assembly would counter it with their own version of the scholarship.

“Of course we support helping our Dreamers go to college; they’re interconnected issues for us, because we have an overall feeling that we like to see as much access as possible for our young people that are here in the state of New York,” Heastie said. “The premise of the governor's proposal...we’re OK with, but we are going to come out with our own vision.”

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by Rachel Silberstein, State government reporter, Gotham Gazette
     

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Citing Trump Threat, Assembly Passes New Immigrant Protections Along With DREAM Act Tue, 07 Feb 2017 00:00:00 +0000
Cuomo is Keeping New York from Emulating California, De Blasio Says http://www.gothamgazette.com/?id=6434:cuomo-is-keeping-new-york-from-emulating-california-de-blasio-says http://www.gothamgazette.com/?id=6434:cuomo-is-keeping-new-york-from-emulating-california-de-blasio-says de blasio cuomo january 2014

De Blasio & Cuomo in 2014 (photo: Rob Bennett, Mayor's Office)


Mayor Bill de Blasio has repeatedly voiced his frustration with his fellow Democrat, Gov. Andrew Cuomo, who he says has worked with Senate Republicans in the state Legislature to stymie his agenda and major progressive legislation. In an interview with Harry Siegel of the Daily News late last month, the mayor said Cuomo could have “done a lot more to avert” the “divided government in Albany,” where Democrats control the Assembly and Republicans the Senate.

De Blasio said that New York could be more like California “where Democrats have consolidated power and have done some remarkable things with it.”

The mayor’s comments come as his allies face two investigations for improper fundraising in efforts to win the Senate for Democrats in 2014 and after a legislative session during which Cuomo worked with Senate Republicans to pass a budget containing a $15 minimum wage phase-in and a comprehensive paid family leave program. Cuomo and the Legislature also allocate hundreds of millions of dollars each year to fund de Blasio’s signature pre-kindergarten program.

And yet, de Blasio’s sentiments are not unique, many Democrats feel Cuomo has empowered Senate Republicans in order to prevent the passage of a full slate of progressive legislation that could in theory alienate his moderate and conservative backers, including those upstate, on Long Island, and in New York City. The mayor and Assembly Democrats have a fairly long list of specific policy and funding grievances.

By pointing to California, de Blasio offered up a measuring stick. At first glance it would appear that California and New York are neck-and-neck on progressive issues. Both states have passed marriage equality, a $15 minimum wage plan, and paid family leave.

But progressive critics of the governor say he has failed to fully go to bat on reforms that would actually change how state government works, modernize voting and elections, and advance immigration and criminal justice policies opposed by conservatives. California has implemented a variety of these policies since 2010.

Cuomo allies say criticism the governor faces on these issues is unfair and comes mainly from the sharp edge of success - that critics say because he achieved some major policy victories he should achieve them all, while also winning the Senate for Democrats.

“I have my real disagreements with the governor and then there's individual achievements that are absolutely progressive and very meaningful,” de Blasio told Siegel. “But on the question of ‘Have we created a unified Democratic Party to have the maximum Democratic leadership and the maximum progressive policy of state?’ Of course not. Not even close.”

The de Blasio administration failed to respond to multiple inquiries about which specific policies California has enacted that he feels New York should emulate, but a number of his allies and political experts say California is in fact far ahead of New York on a number of progressive issues. These include immigration reforms like the DREAM Act and drivers’ licenses for undocumented immigrants; criminal justice reform measures like providing college education for inmates and laws to address holding police accountable for the deaths of civilians; and election reforms like independent redistricting and open primaries.

Meanwhile, in New York, Cuomo has enacted what many progressive analysts see as austerity measures, such as strictly limiting agency spending and instituting a property tax cap for municipalities, something California Governor Jerry Brown has moved away from. The Cuomo administration declined to comment for this article without the de Blasio administration listing which policies from California the mayor wants to see in New York.

Even beyond de Blasio, Cuomo’s relationship with progressive Democrats remains complicated. He’s had well-publicized roller coaster relationships with the Working Families Party and with the Legislature’s Black, Puerto Rican, Hispanic and Asian Caucus. Administration officials point out that the governor has backed the DREAM Act and various criminal justice measures that are in place in California only to have Senate Republicans reject them. But de Blasio’s point to Siegel and that of many other Democrats is that Cuomo has ensured Senate Republicans are in the position to block those bills.

“I think a lot of the governor’s proposals are holograms so that he can come downstate and say ‘I suggested college for inmates,’ but he can also go upstate and say ‘I listened to your concerns and the bill didn’t pass,’” said Dr. Christina Greer, professor of political science at Fordham University.

Bill Samuels, head of EffectiveNY, longtime Democratic fundraiser and Cuomo critic, said that the governor has repeatedly failed to help Democrats win the state Senate and by doing so is responsible for failed progressive policies.

“We are way behind states like California and Oregon,” said Samuels. “It’s pathetic, if we had elected a Democratic Senate and had a different governor we would at least be considered a progressive state.There are exceptions, the governor came on strong with marriage equality, guns, and the minimum wage. So we aren’t like Mississippi, he’s done good things.”

But Samuels says one of Cuomo’s first major moves - deciding to abandon a push to take the 2010 electoral redistricting out of the hands of the Legislature - ensured he would have Senate Republicans as governing partners for the foreseeable future. Samuels notes that the plan Cuomo signed off on allowed Republicans to gerrymander Senate districts to dilute Democratic centers upstate and in the city while creating a 63rd Senate seat that they could easily win. “It was the most backward, bizarre redistricting in the United States,” said Samuels.”California took the redistricting process away from the Legislature and now they have an un-gerrymandered process.”

Cuomo’s deal with the Legislature also included a promise that the Legislature would vote to amend the constitution to allow an independent commission to draw districts starting in 2020.

California put redistricting of state-level seats in the hands of a citizens redistricting commission after a proposition vote in 2008. In 2010, Californians approved a proposition tasking the commission with drawing congressional districts.

Greer noted that when evaluating de Blasio’s and Cuomo’s governing approaches it is important to recognize they have distinctly different constituencies. Cuomo works within the bounds created by his and is aided in doing so by having a Republican Senate, she said. “The governor has a conservative base across the state. If you look at the electoral map the city may be progressive, but the rest of the map is still very red.”

Samuels said that de Blasio is right to focus on putting Democrats in charge of the Senate and that he has done more to champion progressive ideas in the state than Cuomo. “De Blasio may have been naive and been too transparent in his [2014] bid to win a Democratic Senate,” said Samuels. “He should have used burner phones and emails like the Cuomo administration does, but regardless I applaud him for doing it and he was right to do it.”

Senate Republicans continue to use de Blasio as a boogeyman in their quest to hold their control of the Senate. “Allowing these New York City radicals to have unchecked power over our entire state, especially in light of the U.S. Attorney and Manhattan D.A.'s investigations into the fundraising scandal they hatched two years ago, would be a disaster for the hardworking taxpayers and families who call New York home,” Senate Republican spokesman Scott Reif told Politico New York for a Tuesday article about de Blasio’s distance from this year’s Senate contests. Democrats are hoping to swing the chamber by riding Hillary Clinton’s voter turnout coattails and many are eager to see how involved Cuomo gets.

Karthick Ramakrishnan, professor and associate dean at University of California Riverside, told Gotham Gazette that Gov. Brown spent his early years in office playing a fiscal conservative and threatening and delivering vetoes of bills he felt weren’t fiscally responsible. But as the economy has flourished Brown has welcomed more progressive legislation.

Ramakrishnan said there is no doubt that a host of progressive legislation has passed California’s Legislature since Democrats won a supermajority in both houses in 2012 - major immigration and electoral reforms put the state far ahead of New York in those areas from a progressive standpoint - but he notes that there were other factors at play besides party control.

Gov. Brown has made it clear that he has no higher political ambitions, he will be term-limited out of office when his current term ends, Ramakrishnan said. Cuomo, however, has no term limits and announced he plans to run for a third term; is active in national politics; and believed by many close to him to still have ambitions for the White House. “Brown has declared he has no further political ambition so there is not much tension between him and other Democrats,” Ramakrishnan said, noting that de Blasio might also hold broader political ambitions that may have irked Cuomo.

Another quirk in California politics that Ramakrishnan points to as allowing for more progressive legislation is a ballot provision that passed in 2010 that did away with a previous requirement that the state budget be passed with a two-thirds majority. The ballot provision now requires a majority of legislators to support the budget. “Removing the supermajority rule really opened things up,” Ramakrishnan said. In the past, he said, “The legislature had to come up with carefully crafted compromises to even pass a budget and those deals prevented other [more progressive] legislation from passing.”

The situation sounds similar to Albany’s budget process where leaders trade on a host of issues and in some cases give away the chance to vote on major legislation to make sure they achieve top priorities in the budget. Having Senate Republicans on his side on certain issues during negotiations has helped Cuomo stop the Assembly’s push for progressive legislation that he does not support.

Another major factor Ramakrishnan points to in California’s progressive surge is changing demographics across the state. Ramakrishnan said a number of safe Republican districts saw an influx of immigrants and Democratic voters over the last decade.

“We’ve had the DREAM Act in since 2011, but most of the major immigration laws were passed in the last four years,” said Ramakrishnan. “It took a long time to build coalitions outside of the big cities like Los Angeles and it took demographic change in counties that used to be safe for Republicans.”

Senate Democrats have long touted demographic changes on Long Island as the key to what they see as their inevitable takeover of the chamber. Democrats recently won the Long Island seat formerly held by Republican Sen. Dean Skelos for two decades. Although Skelos’ corruption conviction likely played a major role in swaying voters, Democrats say a victory there might not have been possible if the demographics there hadn’t been trending Democratic for years.

Finally, Californians have the ability to put major issues before voters through ballot propositions, thereby bypassing the Legislature, which can take much longer to process an issue.

Sen. Jose Peralta, a Democrat from Queens, said he hopes Cuomo will be involved in campaigning for Senate Democrats this year. “I feel the governor is our leader and as a Democrat he should step up to the plate and help us gain the majority,” said Peralta. “It's in his best interest to move progressive issues like immigration and affordable housing. I hope the governor will take a lead role in helping Democrats win the Senate this year just as he is making sure Hillary [Clinton] becomes President.”

Asked if he supported a full Democratic takeover of the Senate on Tuesday, Cuomo told reporters that it is “too early for any political conversation about that," instead indicating he is focused on Clinton and the upcoming Democratic National Convention that he is attending, and may be speaking at. Elections determining control of the state Senate are four months away - the same day as Clinton’s likely face-off with Republican Donald Trump.

A look at major progressive issues and where they stand in New York and California:

Paid Family Leave
This year New York passed a 12-month paid family leave program that has been praised as the most “generous” in the nation. The program won’t be fully phased in until 2021.

California passed its six-week paid family leave program in 2002 and it went into operation in 2004.

Immigration
Cuomo touted his support for the DREAM Act, a program that would give undocumented students access to college tuition aid, during campaign stops in the city and made it part of his State of the State agenda, but he has said very little about it when the Legislature is in session and made no dramatic public push for the bill. Senate Republicans have made blocking the DREAM Act a major part of their reelection campaigns.

Brown signed California’s Dream Act into law in October of 2011. Since then he has signed a series of major immigration reform bills. In 2013 Brown signed a bill that allowed undocumented immigrants to apply for drivers’ licenses. The last time a New York Governor pushed for drivers’ licenses for undocumented immigrants was in 2007, under former Gov. Eliot Spitzer. The backlash against the proposal from conservatives and even Democrats was so strong that Spitzer dropped the plan.

This year Brown signed a bill that allows undocumented immigrants to buy health care on the state exchange created under the Affordable Care Act - making California the first state to offer that kind of coverage. New York offers undocumented immigrants emergency Medicaid and coverage for end-stage cancer and renal disease.

“I think it's very hard for the Governor to go into these economically depressed areas upstate and tell them he supports a bill to help immigrants that they see as undermining their already very tenuous way of life,” said Dr. Greer, of Fordham.

Sen. Gustavo Rivera, a Bronx Democrat, said that the first step for New York to achieve what California has on immigration reform would be for Democrats to take control of the Senate. But it wouldn’t end there. “We would also have to move conservative Democrats on these issues, we’d have to move the needle,” Rivera said, adding that he thinks Senate Democrats could move the DREAM Act during a first year in the majority, but acknowledged it isn’t a sure thing.

Peralta agreed, saying, “A Democratic majority gets the ball rolling in New York State.” But he warned, “We won’t be able to move everything at once. There are some issues that don’t play well in marginal districts upstate. We will have to tackle them in bite-size pieces - The DREAM Act one year, then drivers’ licenses the next.”

Minimum Wage
The two states appeared to be locked in a race to get to $15 per hour this year as both Brown and Cuomo pushed for a minimum wage increase - the governors signed their bills on the same day, April 4. But the bills are not equal: both call for incremental increases to the wage until finally reaching $15 - in California it will be 2022 before the wage is fully implemented; in New York it depends on where you live. Residents of New York City will have a $15 minimum wage by the end of 2018; Long Island and Westchester reach $15 to start 2022; while the rest of the state will reach $12.50 by the last day of 2020, with a 2019 panel to review the economic impact and able to halt the increase.

Election Reform
California adopted a new primary system in 2012 that allows the top two vote getters in primary races to move on the general election regardless of party affiliation. That move in combination with California’s citizen redistricting commission has opened up seats once kept in a stranglehold by incumbents.

Good government groups have pushed New York City to adopt nonpartisan primaries but there has yet to be significant movement. The idea is a nonstarter at the state level.

In October of last year, Brown signed an automatic voter registration bill that would have citizens registered to vote during visits to the DMV for drivers’ licenses or ID cards. Cuomo proposed a similar initiative in February during his State of the State speech, but met with opposition from Democratic lawmakers who worried registration would favor suburban and rural areas of the state where there are move drivers. Assemblymember Brian Kavanagh, a Manhattan Democrat, suggested empowering other agencies to also register voters to create parity.

Criminal Justice Reform
Cuomo called for a review of the criminal justice system in the wake of the July 2014 death of Eric Garner during an NYPD stop. That review did not come about in the Legislature. Instead of passing legislation to create a special prosecutor to review police killings of unarmed civilians Cuomo issued an executive order empowering Attorney General Eric Schneiderman to take such cases out of the hands of the local district attorney.

Cuomo’s move was hailed by advocates who say local DAs are biased and unwilling to prosecute members of their local police force. But many advocates are still pushing for a similar system to be made law as executive orders can be undone. Senate Republicans have refused to consider any number of criminal justice initiatives Cuomo has proposed, including raising the age of adult criminal responsibility from 16 to 18 (New York is one of only two states where it is 16, with North Carolina).

California does not have a special prosecutor system in place for police killings of civilians but last year Brown signed a law banning the use of grand juries in such cases. The move came in response to outcry that a grand jury refused to indict NYPD officer Daniel Pantaleo for Garner’s death. "The use of the criminal grand jury process, and the refusal to indict as occurred in Ferguson and other communities of color, has fostered an atmosphere of suspicion that threatens to compromise our justice system," state Sen. Holly Mitchell, a Democrat from Los Angeles who sponsored the bill, said in a statement at the time.

Cuomo has tried and failed to get the Republican state Senate to act on college for inmates, something California expanded in 2015 in a partnership with a number of community colleges. Cuomo instead put forward a privately financed plan this year.

Brown currently supports a ballot initiative that will come before voters this fall that is designed to reduce recidivism and revise how it is decided if youth are tried as adults.

Fiscal Policy
While Brown has been considered more fiscally conservative than some of his allies in the Legislature, he did sponsor a 2012 ballot proposition that raised taxes on high-income earners. His initiative merged two other ballot initiatives - including one from the California teachers union branded a “millionaire’s tax” that would have increased the personal income tax on those earning $1 million and more. Brown’s plan created four new upper-income brackets for those making $250,000, $300,000, $500,000 and $1,000,000. The new tax rates are supposed to last seven years. The plan also increased the state sales tax. A group of unions recently introduced a new proposition that would make the tax increases of Brown’s proposition permanent.

New York adopted a millionaire’s tax under Democratic Gov. David Paterson in 2009 that Cuomo partially renewed in 2011. It is now set to expire in 2017. Many unions have pushed to extend the tax as has the state Assembly.

Cuomo has fought back against any tax increases. De Blasio insisted his universal pre-k plan be funded by a New York City income tax hike on households earning more than a million dollars a year. Cuomo delivered the cash for the plan and not the tax - something de Blasio publicly lamented.

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by David King, Albany editor, Gotham Gazette
     

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Cuomo is Keeping New York from Emulating California, De Blasio Says Tue, 12 Jul 2016 04:00:00 +0000
Assessing the Aftermath: Top Takeaways for NYC from 2016 Albany Session http://www.gothamgazette.com/?id=6421:assessing-the-aftermath-top-takeaways-for-nyc-from-2016-albany-session http://www.gothamgazette.com/?id=6421:assessing-the-aftermath-top-takeaways-for-nyc-from-2016-albany-session de blasio cuomo 2014 presser

De Blasio and Cuomo in 2014; photo via The Governor's Office


Mayor Bill de Blasio has made it clear that he feels like he’s often fighting for New York City’s interests against both Gov. Andrew Cuomo and state Senate Republicans, with Assembly Democrats as his key allies. In his initial statement reacting to the recent end of the 2016 legislative session in Albany, de Blasio put a thank you to Assembly Speaker Carl Heastie and company at the forefront, never mentioned Cuomo, and gave his take on what he assessed as a mixed bag for the city.

For his part, Cuomo argues that the city made out quite well and, in harshly worded statements to the media, his aides say that the governor, raised in Queens, very much looks out for the city, but has little respect for the mayor. It can often be hard to separate the mayor from his agenda and the interests of the city, and in assessing the outcomes of the legislative session for New York City, it’s clear that de Blasio’s rivalries with Cuomo and Senate Republicans affected policy decisions.

Still, while de Blasio did see several disappointing results out of Albany this year, like another one-year extension of mayoral control of city schools, there was a lot for the city to celebrate, including wage and benefit legislation that the mayor and his fellow Democrats had wanted. The city appears to have made out much better in the state budget than in the post-budget portion of the session and final deals reached in mid-June.

There are long lists of outcomes that de Blasio and his allies are pleased with and not; but what the six-month session made abundantly clear is that state lawmakers, including the governor, are nowhere near ready to relinquish the substantial powers they wield over the city. The session was marked by important policy debates; political rivalries; and the news of an investigation into de Blasio, his aides and allies, that originated with the state Board of Elections’ enforcement counsel. That counsel, Risa Sugarman, is a former Cuomo aide, leading to finger pointing and conspiracy theories from de Blasio - drama added to the already-fraught dynamics.

As de Blasio regroups over the summer and state legislators prepare for fall elections, a look back at the 2016 legislative session in Albany shows the following top ten takeaways for New York City:

1. Gov. Cuomo is still able to bend Senate Republicans to pass progressive legislation. Mayor de Blasio and his progressive allies may have been somewhat shocked when the state budget, passed at the beginning of April, included a staggered minimum wage increase that could eventually reach $15 throughout the state and a paid family leave program. Both policies won Cuomo national accolades and appeared to many to be his attempt to coopt de Blasio’s position as the top progressive in the state. To get both things done Cuomo had to convince and cajole Senate Republicans to go along with two policies opposed by many in their base (he’d done this before, of course, with marriage equality and the SAFE Act). The minimum wage and paid family leave policies will have a major impact on New York City workers, especially those de Blasio has sought to lift up.

2. De Blasio is Cuomo’s enemy and Senate Republicans’ boogeyman. It was clear early in session that Senate Republicans saw de Blasio as a perfect foil, but it wasn’t clear how much ammo they would actually have or far they would go to deny him success in Albany. Senate Majority Leader John Flanagan held fast in his stance on mayoral control of schools and in the end de Blasio was only granted a second straight one-year extension. After de Blasio’s complaints on the subject, Cuomo shot back that the mayor was “lucky” to get one year. De Blasio had harsh words toward the governor at a recent press conference and Cuomo’s press office has been highly critical of the mayor.

Meanwhile, Senate Republicans are outraged by revelations around de Blasio’s 2014 efforts to flip the Senate to Democrats and plan to tie 2016 Democratic opponents to the mayor in most contested Senate races this summer and fall. Voters in contested districts are likely to hear a lot about the “corrupt, liberal” mayor who is looking to control the Senate and all of state government, to make the whole state like New York City. It’s unlikely Cuomo will do much to help Senate Democrats, something de Blasio has been critical of in the past and in recent comments. Senate control has major implications for New York policy-making, of course, as de Blasio recently discussed in an interview with Harry Siegel of the Daily News, where he said that New York could be like California, if Cuomo was to push for that.

3. Mayoral control of schools will be an election-year issue for de Blasio. Winning a one-year extension of mayoral control means de Blasio will have to look to Albany for another extension next year - as he faces reelection. With his poll numbers dropping and corruption investigations swirling it becomes more likely he will face a primary challenge. Expect de Blasio’s handling of schools to be a hot topic in Albany and in the mayoral race. De Blasio’s critics continue to point to his opposition to charter schools and raise questions about his handling of the city’s most troubled schools.

4. De Blasio owes Assembly Speaker Carl Heastie. The Democratic Assembly Speaker from the Bronx went to bat for de Blasio in the chamber’s budget proposal - pushing a six-year extension of mayoral control of schools - and later appeared to hold up budget negotiations while fighting for renewal, until de Blasio relented to the compromise that was reached. In 2009 Heastie was the lead Assembly sponsor of a bill that would have crippled mayoral control, so it doesn’t appear he was fighting for the renewal on principle. De Blasio will have to continue to nurture his relationship with Heastie as many other Democrat legislators express a similar refrain: “it isn’t easy being the mayor’s friend.”

On a variety of issues it is clear that Heastie and his fellow Assembly Democrats from the city are the city’s biggest advocates and the mayor’s top allies. In reacting to the end of session, de Blasio released a statement saying, “With the leadership and commitment of Speaker Heastie and his Assembly colleagues, New York City secured a series of important State commitments that will improve lives across our five boroughs.”

5. State leaders appear increasingly interested in curtailing the city’s autonomy. In reaction to the city’s plan to impose a five cent fee on paper and plastic bag shopping bags, the Senate moved legislation that would have banned any locality from instituting such a law. The Assembly was headed in that direction but Heastie cut a deal with City Council Speaker Melissa Mark-Viverito to delay implementation of the plan so that the Council could amend it to the Assembly’s liking and explore other changes.

Cuomo has moved to limit the city’s ability to implement its affordable housing plans; instituted greater oversight of city homeless shelters; decided to open new state police barracks near City Hall; and created a new agency in the budget that could allow him to take over major capital projects. Critics see the new agency as an end run around the MTA board.

6. The feud between Cuomo and de Blasio leaves affordable and supportive housing in an unpredictable state. Cuomo won $1.9 billion in funding for supportive and affordable housing in the state budget, but only $150 million of those funds were released in an agreement with legislative leaders by the end of session. Affordable and supportive housing advocates and providers say that without a long-term plan that details how the cash will be allocated in years to come it will be hard for builders to get funding for new construction.

Additionally, the 421-a tax abatement program meant to spur developers to build rental housing with mandated affordable housing included was not renewed. De Blasio continues to insist that a proposal he put forth should be adopted, while Cuomo says the building trades unions must be included in negotiating a deal. The mayor’s affordable housing plans are at risk without a new 421-a program.

7. The Assembly went to bat for the MTA. The governor’s executive budget proposal would have put off funding the MTA’s capital plan until the MTA ran out of current funding streams. The Assembly fought and won $2.9 billion in funding for the capital plan this year. It will be the first of four annual appropriations that will end up totalling $7.3 billion.

8. Major New York City-based infrastructure projects are on the move. It appears that major infrastructure projects, both inside and outside of New York City, will be key to Gov. Cuomo’s legacy. In the city, the state is moving ahead with improving JFK Airport, redeveloping LaGuardia Airport and Penn Station, expanding the Javits Convention Center, and building new MetroNorth stations in the Bronx.

9. Education funding debates continue, with more money headed to New York City. While many in New York City, including de Blasio, continue to call on the state to meet its obligations under the Campaign for Fiscal Equity court ruling, according to Gov. Cuomo’s office, “The FY 2017 Budget provides $24.8 billion in School Aid, the highest amount in history and a 6.5 percent increase over last year.” Much of it is headed to New York City, home to more than 40 percent of the state’s population. As part of the mayoral control extension deal, though, the city is now required to make its individual school funding formulas more available publicly.

10. Top city priorities left out. Less on de Blasio’s agenda, but more on those of city-based state legislators, who are overwhelmingly Democratic, are issues like criminal justice reform and the DREAM Act, which saw no movement this year.

Criminal justice issues were not a priority for Cuomo or Senate Republicans. While Cuomo's January State of the State address included mentions of the campaign to raise the age of adult criminal responsibility and efforts to encode into state law a special prosecutor in the case of police shootings of unarmed civilians, neither appeared to ever become a major priority for Cuomo, who focused on minimum wage and paid family leave at the start of session and a variety of other issues after the budget, while also dealing with the developing federal investigation into his economic development programs. Both criminal justice reform initiatives, among others, are largely popular in the Assembly and New York City, but not in the Senate.

The DREAM Act, another priority of New York City Democrats, won’t pass as long as Senate Republicans hold the chamber - or until Cuomo forces it through: Advocates for legislation to give undocumented students access to tuition assistance haven’t given up their fight but they know Senate Republicans have touted their opposition to the bill successfully during the last few election cycles. They also know that Cuomo can move mountains when he wants to - the governor had included the DREAM Act in his budget bills, but has not campaigned on the issue since his 2014 reelection bid.

***
by David King, Albany editor, Gotham Gazette
     

Read more by this writer.

Ben Max contributed writing.

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Assessing the Aftermath: Top Takeaways for NYC from 2016 Albany Session Wed, 29 Jun 2016 04:00:00 +0000
Hope in the State Senate http://www.gothamgazette.com/?id=6319:hope-in-the-state-senate-todd-kaminsky http://www.gothamgazette.com/?id=6319:hope-in-the-state-senate-todd-kaminsky hope state

Make the Road Action volunteers for Todd Kaminsky


Last Tuesday, many New Yorkers were focused on the presidential primaries, but there was another election that may be even more important for communities like mine. In a special election for State Senate in Nassau County, Democrat Todd Kaminsky won a seat long-held by former Republican Sen. Dean Skelos.

This result was key for three reasons.

First, it showed the importance of the votes of Latinos, immigrants, and people of color outside of New York City.

As a black Latino immigrant living on Long Island, I’ve seen first-hand how the region has changed in recent years away from being the overwhelmingly white suburban area it was once. Now, as reported by Newsday, it is likely that communities of color were the key difference in the victory of Todd Kaminsky by a relatively small margin, demonstrating the growth of our community on Long Island and our power. While we still have much work to do to continue registering and mobilizing voters, last Tuesday’s result shows that we are becoming more aware about the importance of voting in local and state elections, which often have more direct impact on our lives than federal contests. Communities of color—particularly Latino and immigrant communities—are growing in population and so too is our political weight.

Second, this choice will be important in addressing one of the main barriers blocking progress for our communities: the state Senate.

Many of the abuses suffered by our community in New York stem from state laws that fail to protect us. in many cases, we are even targeted. These laws—weak rent regulations, lack of police and criminal justice reforms, restrictions on accessing financial aid, and more—exist because for years we have had no one in the Senate from Long Island who represents us at the time of decision-making. Make the Road Action, of which I am a member, backed Todd Kaminsky because he committed to supporting our community—for example, by raising wages, expanding healthcare access, and ensuring higher education access. Meanwhile, the Republican campaign mailed anti-immigrant propaganda to excite ultra-conservative voters with a message akin to Donald Trump’s.

We will continue to fight on priority issues for our community—to pass the DREAM Act, strengthen rent laws, pass criminal justice reform, and more—and we are confident that Senator Kaminsky will be there with us.

Third, Senator Kaminsky's victory could be the first step in changing the balance of power in Albany.

Through November, Republicans are likely to maintain control of the Senate through an alliance with the Independent Democrats (IDC). But this special election showed that progressive candidates themselves are able to succeed against conservatives on Long Island—the first time we’ve seen that in years—and we expect to have several close state Senate elections in our region in November. With only one or two more wins, Democrats could take control of the state Senate, which would give us the opportunity to pass new laws that protect workers, young people who want to study, tenants, LGBTQ immigrants—in short, our entire community.

This election showed the growing power of our community. Now we must continue to build our strength and ensure that we are prepared to fight for our rights and vote in November, when the entire state Legislature is up for election.

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Frank Sprouse-Guzman is a member of Make the Road Action and a Bay Shore resident. On Twitter: @MaketheRoadAct.

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Have an op-ed idea or submission for Gotham Gazette? Email opinion@gothamgazette.com

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Hope in the State Senate Wed, 04 May 2016 04:00:00 +0000
Major City Issues at Play in Politically Charged, Post-Budget Legislative Session http://www.gothamgazette.com/?id=6267:major-city-issues-at-play-in-politically-charged-post-budget-legislative-session http://www.gothamgazette.com/?id=6267:major-city-issues-at-play-in-politically-charged-post-budget-legislative-session cuomo budget paid leave pic

Gov. Cuomo announces the budget deal (photo via The Governor's Office)


Governor Andrew Cuomo dismissed the idea of extending state government's legislative session this year to tackle ethics reform during an appearance in Binghamton on Wednesday. "We have a relatively light agenda because we did so much work in the budget," the governor said. "We passed the minimum wage increase, we passed paid family leave, we passed a great package for the middle class, we passed a great package for upstate New York, more education funding than ever before."

It's a concerning statement for some advocates and elected officials who see the session full of unresolved issues - including, but beyond ethics - especially ones that impact New York City, issues that the governor himself tackled during his January State of the State speech or has since brought to the table. Some advocates take the governor's statement as an acknowledgement that he traded away issues Senate Republicans oppose to get a minimum wage increase, and not only in the budget, but for the rest of the legislative session that has just begun and is scheduled to end in June.

All-important control of the State Senate will be up for grabs again in November, but a key battle in the overall war will be decided on April 19 in the contest to fill the seat vacated by former Senate Majority Leader Dean Skelos, recently convicted on federal corruption charges. The April special and impending November elections mean legislators are anxious to get back to their districts while avoiding political landmines.

Ethics reforms are one of the many issues jettisoned from budget talks that lawmakers say were dominated by minimum wage negotiations. Major issues of particular importance to New York City yet to be addressed this year include mayoral control of schools; a multitude of criminal justice reforms, some of which were introduced by Cuomo; housing programs, including a replacement for the 421-a property tax credit aimed at spurring affordable housing development; and two education matters that have been linked in the past: The DREAM Act and the education investment tax credit.

Mayoral Control
Senate Majority Leader John Flanagan and his conference have used Mayor Bill de Blasio as a progressive boogieman since the mayor tried to help Democrats win control of the chamber in 2014. Last year Flanagan successfully beat back the mayor's push for a seven-year extension of mayoral control, getting his negotiating partners to settle on one year. He again maneuvered discussion of renewal out of this year's budget discussions and before a spending deal was even announced, he scheduled hearings on mayoral control for May 4 in Albany and May 19 in New York City. Mayoral control is due to sunset on June 30.

Many Democrats expect Senate Republicans to delay actually acting on mayoral control until as late as possible in order to keep de Blasio "in check." With no other sensible alternative, de Blasio has been gracious about the situation so far, saying he plans to attend the hearings "personally" and welcomes the chance for "dialogue" on the issue.

Criminal Justice Reforms
Gov. Cuomo has supported three major criminal justice reforms over the last two years: Raise the Age, an effort to end New York's practice of treating 16- and 17-year-olds as adults in the criminal justice system; an effort to create independent review of police killings of civilians; and a program to increase data reporting of the race and ethnicity of individuals involved in police interactions. Unable to deliver on the first two last year, Cuomo took executive action. He moved 16- and 17-year-olds out of adult prisons and gave Attorney General Eric Schneiderman's office the discretion to look into police killings of civilians. Advocates were pleased, but acknowledged both issues still needed to be addressed in law.

This year Cuomo has proposed a bill that would give his office the ability to convene an investigation into police killings of civilians but only if certain criteria is met. He has continued to push for Raise the Age but not with the urgency supporters would like. They point out that even being held in separate facilities from older inmates, 16- and 17-year-olds are still treated as adults when arrested and tried, which make negative outcomes and criminal records more likely.

On Tuesday, supporters of a bill that would mandate the state collect data on police interactions with the public gathered in Albany to push Senate Republicans and Cuomo to act on an issue they call "common sense."

The bill, sponsored by Assembly Member Joseph Lentol and state Senator Daniel Squadron, both Brooklyn Democrats, would require the state to collect and report data on the number of tickets and misdemeanor arrests across the state; the number of civilian deaths in police custody or during an arrest; the race, ethnicity, and sex of those charged with misdemeanors and violations; and the geographic location of enforcement-related activity and arrest-related deaths. Lentol said the bill is not "anti-police" but a "transparency" and "open government" tool to improve relations between police and communities across the state. Lentol prodded Gov. Cuomo to act, noting that Cuomo has a similar bill that has failed to garner support.

"Yet again, communities of color were left behind in New York State budget negotiations, with no meaningful advancement of any criminal justice reforms," said Alyssa Aguilera, co-executive director of VOCAL-NY. "Passing the STAT Act this legislative session provides an opportunity for Governor Cuomo and the New York State Legislature to show they value the safety and dignity of all New Yorkers."

Squadron told Gotham Gazette that the bill is one that Senate Republicans "put in a black box, a dark room," never to be seen again. "This isn't something we have debated. We haven't heard their argument against it, it just disappears." Lentol, however, said that he believes police unions are using their influence to block the bill.

Assembly Member Jeffrion Aubry, Democrat of Queens, supports Lentol's bill and said that he feels his constituents and advocates are growing frustrated that the Senate fails to vote on criminal justice reforms year after year. "I think the governor is really going to have to move on some of these bills and not just wave his hands in the air and say 'It's the Republicans'" Aubry said. "We know he can get what he wants. He has an election coming up and he's got to deliver for these communities."

A spokesperson for the governor, Dani Lever, said in a statement that "The governor has and continues to push for comprehensive criminal justice reform to address the treatment of juveniles in the system and the prosecution of fatality cases involving law enforcement. Despite the legislature's failure to agree on these reforms, the governor has taken bold action and issued executive orders appointing a special prosecutor in police cases (the first of its kind in the country) and removing juveniles from adult state prisons. Until the legislature passes real reforms, the governor's executive orders will remain in effect."

Housing
Last year in an unprecedented move, Cuomo put the fate of the 421-a tax abatement program in the hands of the two stakeholder industries - real estate developers and construction unions. Whatever deal they reached on wages in new housing developments utilizing 421-a was to be enacted into law with other reforms to the program, but if they failed, 421-a would sunset. Negotiations floundered and 421-a is dead.

The program is thought to be essential to affordable housing production in New York City, making it profitable for developers to build new rental housing with some affordable units included. When Cuomo rejected compromise legislation crafted by de Blasio last June, it was one of the final straws to break de Blasio's back (along with the mayoral control compromise and more), leading to his now-infamous tirade against the governor on June 30. De Blasio's affordable housing goals rely on 421-a-related production.

On Monday, Cuomo told NY1's Errol Louis that he is looking for a replacement. "You can have a fair program that pays a fair rate to the unions and also a fair rate of profit to the developers," Cuomo said. "I believe there is that balance to be struck. But they have to strike that balance. We're still trying, but the Legislature is not going to approve a plan that kicks the labor unions out of the affordable housing business."

Bill Murrow, the governor's top aide, followed up those comments on Tuesday during a Crain's New York Business breakfast event, indicating that labor and real estate are indeed negotiating again. "The developers, REBNY, and the construction trades...they'll find some common ground. I am hopeful that sometime between now and June that something will actually happen," Mulrow said.

On Tuesday, tenant advocates gathered in Albany to demand that negotiations on 421-a or something like must also include strengthening rent regulations. Delsenia Glover, campaign manager for the Alliance for Tenant Power opened the press conference by condemning the deal that renewed the rent laws last year. "We pretty much got nothing," she said. "At the time Governor Cuomo said they were the 'strongest rent laws in history.' It's not true, we got nothing." Members of the crowd shouted "He lied!"

Glover said she has been disturbed to hear "lamentations" that 421-a is dead, saying she was glad a "giveaway to luxury developers" and "$1.1 billion tax suck" was dead and that assertions that developers won't be able to build affordable housing without it is patently false.

"Our demand," said Glover, "is this: If 421-a or anything that looks like 421-a is revived or created then the rent laws must be reopened, we get rid of vacancy bonus, fix preferential rents, and then maybe we can have a conversation."

A number of legislators who spoke after Glover pushed against the idea of any 421-a renewal. Assembly Member Walter Mosley of Brooklyn said he doesn't use the term '421-a' because "We don't want nothin' like 421-a to resurface, but ultimately we understand if anything like 421-a comes to the floor then we reopen the rent laws. Without that we have no discussion."

Assembly Housing Chair Keith Wright, who introduced a plan of something of a 421-a alternative earlier this year to a tepid response, brought up his proposal in front of the audience that was openly hostile to any replacement. Wright's plan would utilize the state's abandoned property fund to give a subsidy of $100,000 per affordable unit at a cost of about $200 million per year, compared to 421-a's 25-year property tax break and $1 billion annual tax revenue price tag.

"The plan was not...people were intrigued by the idea," Wright told the crowd, seeming to catch himself in an effort to promote the measure, "but listen anything in Albany takes a minute to work up to, but we are still pushing that plan, but we are still under siege."

Wright is a close ally of Cuomo and many expect that his plan was the first shot fired in an effort to restore a 421-a plan. The fact that Cuomo and Wright are openly pushing a replacement and that Senate Republicans are likely to want to deliver for real estate developers makes many advocates think it is a question of "when" not "if" a 421-a replacement comes to the floor of both houses. They hope to keep up public pressure to win some sort of concessions when it takes place.

Other Education Issues
Last year Cuomo tried to connect the DREAM Act that would allow the undocumented access to college tuition assistance and the education tax credit that would give benefits to those who donate to private schools. The DREAM Act has massive support in the Assembly, which has passed the measure repeatedly over the last few years and the education tax credit is a favorite of Senate Republicans. Cuomo's bid at linkage failed last year (he did not attempt to link them again this year, but did include both in his executive budget), but both issues remain on the table and the fact that they were left out of the budget has rankled a number of lawmakers.

Sen. Simcha Felder, a Democrat from Brooklyn who caucuses with Republicans, was said to be so upset that Republicans didn't demand the education tax credit be part of the budget that he didn't conference with them during budget negotiations (he was then the lone Senate "no" vote on the minimum wage and education budget bill). Meanwhile, DREAM supporters like Sen. Jose Peralta, a Democrat from Queens, railed against its exclusion during the late-night budget debate.

For supporters of each measure the problem seems to be that opposition to the other measure has become a litmus test for some in their party's base. Senate Republicans have included language touting the disinclusion of the DREAM Act in the budget on the Senate website, listing it as an accomplishment:

"Rejecting the Use of Taxpayer Dollars to Fund College Tuition for Illegal Immigrants:

"The final budget rejects an Executive Budget proposal that would have cost state taxpayers $27 million and reward people who are here illegally by giving them free college tuition. The measure would have extended all other criteria, exemptions or opportunities found within the education law - including all scholarship and tuition assistance programs funded with state tax dollars - to illegal immigrants while hardworking middle-class families are already being forced to take out massive college loans to pay for higher education."

Meanwhile, public school advocates are entrenched against the education tax credit, saying that it is a taxpayer giveaway to millionaires who will flood their favored schools with donations using up the credit before average families can utilize it. The Alliance for Quality Education, a teachers union-aligned group, has held press conferences and briefings against the policy this year.

Albany Tradition
If the past is indeed prologue than it is a safe bet that many of these issues will not come to a vote in both houses this year. With an important special election, a presidential race, and the entire Legislature up for (re)election, leaders will likely be looking to rest on the work they did in the budget and get back to their districts. While there will be a lot of noise made by the media and good government groups around ethics reform, no one who knows Albany is holding their breath.

Mayoral control of city schools is the only key policy related to New York City facing an expiration date and all-but-sure to see action. The questions are what Senate Republicans demand in exchange for extension, how long it is extended for, and how much they make de Blasio sweat in the process.

Including Wednesday, April 6, there are currently 25 session days remaining until its scheduled end on June 16.

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by David King, Albany editor, Gotham Gazette
     

Read more by this writer.

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Major City Issues at Play in Politically Charged, Post-Budget Legislative Session Wed, 06 Apr 2016 22:49:29 +0000
Cuomo Heads Into State of the State After Big Announcements, With More to Say http://www.gothamgazette.com/?id=6083:cuomo-heads-into-state-of-the-state-after-big-announcements-with-more-to-say http://www.gothamgazette.com/?id=6083:cuomo-heads-into-state-of-the-state-after-big-announcements-with-more-to-say cuomo church sots

Gov. Cuomo (photo: Kevin P. Coughlin, Governor's Office)


Governor Cuomo is going big. Decrying a state that has lost its ambition for transformative projects like the Erie Canal, the governor has spent the past week traveling the state and announcing major infrastructure, transportation, and economic development plans. Cuomo has also revealed new pieces of his $15 minimum wage campaign and criminal justice reform policies, among others, as he sets his agenda for 2016 and frames budget negotiations in Albany.

So far, Cuomo has outlined 14 planks of his 2016 platform, providing an extensive preview of his State of the State and budget address, which he will give on Wednesday in the capital. Still, there are key pieces of his speech that the governor has kept under wraps, including what he has said are top priorities: government ethics, homelessness, and education.

It is also unclear what priority, if any, Cuomo will give to policies like the DREAM Act, which he has assured proponents will be in his budget again, but has not given indication of its place in his speech. Advocates are also hopeful that the governor includes a significant paid family leave proposal on Wednesday, and many are watching to see if he unveils a plan for a statewide policy on car-hailing apps, like Uber.

While the governor is clearly going big on infrastructure - with plans that could total $100 billion in costs, according to his office - he has promised to lead with ethics as lawmakers continue to fall to corruption convictions, trust in Albany is low, and New Yorkers say Cuomo has not done enough to clean up state government.

"Top of my agenda is going to be ethics reform," Cuomo, a Democrat, said Jan. 3 on NY1. "We have done a lot in Albany, but we haven't done enough. And I'm going to push the legislature very hard to adopt more aggressive ethics legislation, more disclosure, more enforcement, etcetera."

What exactly this will include is unclear, but good government groups, Attorney General Eric Schneiderman, and many others have put forth recommendations. Chief among these are limiting legislators' outside income and closing the infamous LLC loophole, which allows virtually unlimited campaign donations. Whether Cuomo broaches a public campaign finance system will help gauge how bold he's going on reform.

Wherever ethics does fall, that portion of Cuomo's address is likely to be dwarfed by the volume of discussion of the infrastructure plans the governor has outlined and his discussion of economic justice, including his minimum wage crusade.

The infrastructure plans, which include a new track on the Long Island Rail Road, a revamped Penn Station, road and bridge upgrades, and more, will be attached to the governor's previously announced projects led by a new Tappan Zee Bridge and LaGuardia Airport.

During a Jan. 5 appearance on Long Island, Cuomo said of New Yorkers, "we don't think big anymore. And we don't believe we're capable of doing big anymore. And we don't believe government is a vehicle to do big anymore." But, he promised to resurrect New York's "big" thinking as he announced new plans and referenced ongoing building - all under the banner of this year's tagline: New York State, Built to Lead.

"This year in the State of the State we are going to propose the largest construction project program in modern political history in the state of New York," Cuomo promised. "Roads and bridges upstate, airports upstate and downstate, new mass transit, new attractions, new rail transit and new mass transit downstate which is desperately needed. And we are going to do it region by region."

While Cuomo has outlined the meat of his building plans, he has not gone into detail on how it will all be funded, though he has promised to do so on Wednesday in his executive budget.

Cuomo has called the budget "the most complex piece of legislation we pass," which is true in part because it is a way of doing business in Albany that a good deal of policy is unnecessarily included in budget negotiations. For the governor, whomever it may be, forcing additional policy into the budget is a way of using executive leverage that doesn't exist in post-budget legislative session. For the second straight year, Cuomo is combining his State of the State, which is usually a more policy-focused speech, with the announcement of his budget.

A budget deal is due by April 1, whereas the legislative session continues into June.

Budget watchdogs are eagerly awaiting the details of Cuomo's spending plans. Nicole Gelinas, of the Manhattan Institute, recently wrote in City and State that "Cuomo evidently did not make an important resolution: stop announcing huge infrastructure projects without a way to pay for them."

"The risk in starting lots of new projects without having a way to pay for them," Gelinas wrote, "is that the governor will force the MTA and the rest of the state to scrimp on old stuff that people don't see, like replacing subway tracks and signals."

After all the drama that accompanied Cuomo's negotiations with Mayor Bill de Blasio over an MTA capital spending plan, Cuomo may try to steer clear of criticism for his spending plans. As the Citizens Budget Commission points out, Cuomo continues to have billions of dollars to spend from bank settlements with the state. In outlining 12 things to watch for in Cuomo's budget, CBC asks, "How much will the Governor propose to spend for transportation infrastructure? How much will be borrowing versus pay-as-you-go capital, and will a new revenue source be proposed?"

Throughout his time as governor, Cuomo has prided himself on reigning in state operational spending, and even while outlining his new plans so far this month, Cuomo has touted his brand of fiscal responsibility. It is unlikely Cuomo will outline an increase in state spending above the two percent cap he has followed.

Meanwhile, many, especially from New York City, are watching closely to see what the governor outlines around homelessness, the latest issue on which Cuomo has decided to undermine and supercede de Blasio. Cuomo issued an executive order just after the new year and has promised a robust policy plan in his State of the State.

The plan is likely to include more oversight of homeless shelters, which the state is already responsible for, and of operations aimed at reducing homelessness. How much money Cuomo will dedicate to supportive housing, rental subsidies, and other relevant measures is to-be-seen. De Blasio recently announced a major supportive housing plan and, along with advocates and legislators, called on Cuomo to match it (and create a fourth New York/New York supportive housing deal).

The governor has not yet made clear his education platform for this year, though he has indicated he will follow recommendations made by the common core task force that he empaneled in September and received a report from in December.

Becoming "The Education Governor" has been full of fits and starts for Cuomo. While he has protected and promoted the growth of charter schools, other aspects of his education policy have not gone as planned - these include the rollout of the common core learning standards and tougher teacher evaluations by tying them more closely to the results of student standardized test scores.

The task force recommended a revamp of the common core system, more stakeholder input, a reduction in standardized testing, and increased local control over standards and curriculum. The governor's office said that "no new legislation is required to implement the recommendations of the report," so there could be few specific proposals in Cuomo's State of the State.

The governor did recently announce he will be investing in the community school model, something de Blasio has expanded vastly in New York City, especially with regard to so-called "failing schools" as he tries to turn them around under the threat of state takeover. Cuomo may take aim at hastening school improvement.

On NY1, Cuomo said "many of these failing schools have been failing for over 10 years, believe it or not. And the system, the bureaucracy, has been too tolerant, in my opinion. And we are – we're going to be focusing on the closing schools, we're going to be investing in the school system to make sure we're doing everything we can on the state side."

As he has done before, Cuomo also distanced himself from education-related problems: "Education in this state is run by a department called the state education department," Cuomo said. "It is not under the governor. I wish it were, many governors in the past wished it was...It's run by the Board of Regents, which is selected by the legislature, primarily the Assembly."

Discussing the common core he said, "We started a new curriculum as part of a national movement called the common core curriculum. And that was rolled out over the past few years; that brought with it a testing regimen on the new curriculum. It was not implemented well. It was rushed. It was confused."

Adding that "It created a backlash among parents that frankly shocked everyone," Cuomo mentioned "the opt-out movement, where the parents didn't have the kids take the tests because they didn't like the way it was addressed, they didn't like that the kids were getting lower grades, whatever region."

Cuomo said the state education department has to make significant changes "and bring the parents along. Because if the parents don't have trust in the education system, then you have nothing and that's where we are now," Cuomo concluded, setting the stage for next steps by his administration and the state education department, which is doing its own common core review (new SED Commissioner MaryEllen Elia was named to Cuomo's task force, so there appears to be some, if not significant, overlap).

While there will almost certainly be sections of Cuomo's speech on education, homelessness, and ethics, the bulk will likely be on infrastructure, economic development and opportunity. He'll showcase these efforts through his push for an eventual $15 per hour minimum wage, a downtown revitalization initiative, tax breaks for small businesses, and the major projects he's outlined.

On NY1, Cuomo explained how he sees economic development, saying that "in Upstate New York [it] means basically restoring the economy, and in downstate New York it means growing the future economy – the high tech economy, having the transportation infrastructure to do that – and making sure the economy is working for everyone."

He promised to address "very high unemployment among young minority males, black and brown," which he called "just unacceptable," adding, "We have to make special economic initiatives there."

To follow that up, Cuomo announced new regulations related to spending on minority- and women-owned businesses. Prior to that, Cuomo also announced "the Empire State Poverty Reduction Initiative," a $25 million program to "bring together state and local government, non-profit and business groups to design and implement coordinated solutions to increase social mobility in ten cities with the highest poverty rates in the state."

The governor has promised to continue to fight to raise the age of criminal responsibility in New York from 16 to 18 - New York is one of just two states that automatically treat 16-year-olds as adults in the criminal justice system. Like on several other issues, Cuomo has taken executive action on the issue in the absence of legislation, with a plan to move 16- and 17-year-olds into a separate prison facility from older inmates.

Where other social justice issues that, similarly, the governor has backed before but not been able to pass, like the Gender Expression Non-Discrimination Act (GENDA) and the DREAM Act, are featured in Cuomo's remarks is also being watched closely by supporters of those policies.

The governor published an op-ed this week detailing the measures he's taken to protect transgender New Yorkers in the absence of GENDA passing the legislature, where it has been blocked by the Republican-controlled Senate. Cuomo did not indicate that he would be pushing GENDA forward in his State of the State.

There are also questions around whether Cuomo will include a proposal and dedicated funding for paid family leave, something that de Blasio recently moved on for some city employees and called on the state to pass for all workers.

One other policy area the governor has been quiet on leading up to his address, but he could make waves with an announcement on is app-based car services. When de Blasio was battling with Uber last year, Cuomo jumped into the fray to defend the company, where one of his former top aides now works, and say that a statewide policy is needed. Since then, Uber has waged a campaign across the state, getting many public officials on board. Cuomo may surprise people by outlining state policy around Uber and other e-hailing services like Lyft.

Tune in at 12:30 p.m. Wednesday for Cuomo's speech - stream online at the governor's website - and see below for the full outline of proposals Cuomo has outlined thus far in 2016.

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by Ben Max, Gotham Gazette
@tweetBenMax

For an outline of all 14 proposals Cuomo has announced thus far, the following was released by Cuomo's office on Tuesday:

The signature proposals announced so far include:

PROPOSAL 1: Restore economic justice by making New York the first state in the nation to enact a $15 minimum wage for all workers. While highlighting this proposal, the Governor announced that the State University of New York will raise the minimum wage for more than 28,000 employees.

More information available here; video and other media available here.

PROPOSAL 2: Launch a comprehensive plan to transform and expand vital infrastructure downstate and make critical investments in the region. Most notably, the proposal includes a major expansion and improvement project for the Long Island Rail Road between Floral Park and Hicksville.

The project will allow the LIRR to increase service, reduce congestion and train delays caused whenever there is an incident along this busy stretch of tracks and will enable the LIRR to run "reverse-peak" trains to allow people to take the LIRR to jobs on Long Island during traditional business hours. By allowing the LIRR to increase service between Floral Park and Hicksville, it will provide a more attractive alternative to driving and thereby reduce traffic on Long Island's major east-west highways, like the L.I.E., Northern State and Southern State, and more trains will make it easier for Long Islanders to reach LaGuardia and Kennedy airports by train.

More information available here; video and other media available here.

PROPOSAL 3: Bolster New York's legacy of environmental protection. The Governor has proposed allocating $300 million for the State’s Environmental Protection Fund – the highest amount ever for the fund and more than double the fund’s level when the Governor first took office. The Governor also announced two major investments in water infrastructure in Suffolk and Nassau Counties.

More information available here.

PROPOSAL 4: Make a series of investments and new initiatives to continue growing the economy and building stronger, more vibrant communities across New York State. These proposals include significant tax relief for small businesses, increased funding to support municipal water infrastructure improvement projects, a new effort to revitalize and transform downtown areas in each region of the state, and a sixth round of the successful Regional Economic Development Council initiative.

More information available here; video and other media available here.

PROPOSAL 5: Invest in Upstate transportation infrastructure. This includes a plan to offer a tax credit that cuts tolls in half for the New York residents and businesses who utilize the Thruway most often – benefitting nearly one million passenger, business and farm vehicles using E-Z Passes; eliminating tolls for agricultural vehicles; and keeping tolls flat until at least 2020 for all other drivers.

More information available here; video available here.

PROPOSAL 6: Transform Penn Station and the historic James A. Farley Post Office into a world-class transportation hub. The project, known as the Empire Station Complex, will feature significant passenger improvements, including first-class amenities, natural light, increased train capacity and decreased congestion, and improved signage to dramatically enhance the travel experience. The project – which is anticipated to cost $3 billion – will be expedited by a public-private partnership in order to break ground this year and complete substantial construction within the next three years.

More information available here; video and other media available here; conceptual renderings are available here.

PROPOSAL 7: Dramatically expand and improve the Jacob K. Javits Convention Center to stimulate the regional economy. The proposal will expand the Javits Center by 1.2 million square feet, resulting in a fivefold increase in meeting and ballroom space, including the largest ballroom in the Northeast. A four-level, 480,000 square foot truck garage capable of housing hundreds of tractor-trailers at one time will also be constructed to improve pedestrian safety and local traffic flow.

More information available here; video and other media available here.

PROPOSAL 8: Modernize and fundamentally transform the Metropolitan Transportation Authority, dramatically improving the travel experience for millions of New Yorkers and visitors to the metropolitan region. This proposal includes a new approach to rapidly redesign and renew 30 existing subway stations across the system. It also includes a number of technology initiatives to bring the system into the 21st century, including expanding Wi-Fi hotspots, accelerating mobile payments and ticketing to replace the MetroCard, and providing USB ports on subway trains, buses and in stations to allow customers to charge their mobile devices.

More information available here; video and other media available here.

PROPOSAL 9: Launch a Municipal Consolidation and Efficiency Competition designed to reward local governments that take real steps to make living and working in New York State more affordable. The competition will challenge counties, cities, towns and villages to develop innovative consolidation action plans yielding significant and permanent property tax reductions. The consolidation partnership that proposes and can implement the greatest permanent reduction in property taxes will receive a $20 million award.

More information available here.

PROPOSAL 10: Dramatically expand and improve access to high-speed Internet in communities statewide. Lieutenant Governor Kathy Hochul detailed this proposal shortly after the New York State Public Service Commission voted to approve the merger of Time Warner Cable and Charter Communications, which will dramatically improve broadband availability for millions of New Yorkers and lead to more than $1 billion in direct investments and consumer benefits.

Additionally, the state issued a $500 million solicitation for private sector partners to join the New NY Broadband Program, which will greatly expand Internet access in all regions of the state, with a focus on unserved and underserved areas.

More information available here; video available here.

PROPOSAL 11: Launch a $200 million competition to revitalize Upstate airports. The proposal is designed to enhance airports throughout Upstate New York, and promote new opportunities for regional economic development and partnership between the public and private sectors.

The Governor made this announcement as he also kicked off the start of renovations that will transform the New York State Fairgrounds site into a premier, multi-use facility. The Governor marked the official start of the historic renovation project with the implosion of the grandstand today.

More information available here.

PROPOSAL 12: Combat poverty and reduce rampant inequality through the Empire State Poverty Reduction Initiative. The $25 million program will bring together state and local government, non-profit and business groups to design and implement coordinated solutions to increase social mobility in ten cities with the highest poverty rates in the state.

More information available here.

PROPOSAL 13: Launch a "Right Priorities" initiative to further New York’s status as a national leader in criminal justice and re-entry reforms. The Governor's proposal will help at-risk youth find positive opportunities in their communities, while also providing citizens who enter the criminal justice system the opportunity to rehabilitate, return home, and contribute to their communities.

More information available here; video and other media available here.

PROPOSAL 14: Increase opportunity for minority- and women-owned business enterprises across New York State.

In 2014, Governor Cuomo established a goal of 30 percent for New York’s MWBE state contract utilization – the highest goal of any state in the nation. However, under state law, that goal only applies to contracts issued by state agencies and authorities; it does not apply to state funding given to localities such as cities, counties, towns, villages and school districts, which amounts to approximately $65 billion annually. This year, the Governor will advance legislation addressing this disconnect by expanding the MWBE goal setting to localities and entities that subcontract with those localities. Doing so will leverage the largest pool of state funding in history to combat systemic discrimination and create new opportunities for MWBE participation.

More information available here.

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Cuomo Heads Into State of the State After Big Announcements, With More to Say Wed, 13 Jan 2016 02:08:46 +0000
Corruption, Elections Loom Over Lengthy 2016 Legislative Agenda http://www.gothamgazette.com/?id=6067:corruption-elections-loom-over-2016-legislative-agenda http://www.gothamgazette.com/?id=6067:corruption-elections-loom-over-2016-legislative-agenda Cuomo announcement infrastructure

Cuomo (photo: Kevin P. Coughlin/Office of the Governor)


Lawmakers returning to Albany this week to kick off the 2016 legislative session are faced with a litany of unresolved issues from last year and the spectre of the recent convictions of two former legislative leaders.

Add to that impending elections for all 213 legislative seats, some of which will be critical for the future of state Senate control and the prospect of future indictments hinted at by U.S. Attorney Preet Bharara and you have a recipe for potential paralysis.

Familiar issues like raising the minimum wage, paid family leave, juvenile justice and criminal justice reforms are all on the table. Newer issues like regulating fantasy sports gambling and tweaks to the state's health insurance marketplace will also be up for discussion.

Complicating some issues will be Gov. Andrew Cuomo's repeated 2015 use of executive action, which irked some legislators and, according to some advocates, let the air out of pushes for major legislation. But the elephant in the room remains how to deal with the plague of corruption that has dogged the capitol for years.

There is a little extra motivation for the legislature to move on more comprehensive ethics fixes - when session ended in June, former Assembly Speaker Sheldon Silver and former Majority Leader Dean Skelos had merely been indicted on federal corruption charges, six months later both men have been convicted and will soon face sentencing. Further, their trials exposed how major donors are able to exploit the state's campaign finance system and how both Silver and Skelos were able to use their influence to pressure entities with business before the state to provide them and their associates with financial benefit.

Cuomo has promised that ethics reform will be at the top of his 2016 agenda.

Aside from the unprecedented legislative scandal, both houses of the legislature will also be preparing for an election season that many see as do or die for control of the state Senate, currently led by Republicans. Upcoming electoral contests could motivate leaders from both houses to compromise, or it could create more strife, legislative paralysis, and a blame game that will play out in the elections.

Still, there are a variety of major policy issues at play as 2016 session begins, including:

Full-Time Legislature
A number of good government groups, as well as Attorney General Eric Schneiderman and even U.S. Attorney Preet Bharara, have posited that a better paid, full-time legislature might reduce certain kinds of corruption. Better pay might reduce the temptation to take bribes and with outside income banned it would be much harder for legislators to hide any ill-gotten gains.

A number of Assembly Democrats say their conference has seriously discussed the possibility of advocating for a full-time legislative body. In a Dec. 7 interview with Gary Axelbank of BronxTalk, Assembly Speaker Carl Heastie said he wanted to see how stricter income disclosure rules passed last year work before he advocates a total ban on outside income.

Heastie told Axelbank a full-time legislature would have to be paid considerably more. "Is the public ready to pay legislators $150,000-$160,000 a year?" Heastie asked. "If you're going to have people go full time, there's going to have to be a hefty pay raise from $79,500." Legislators haven't had a raise in 15 years, though a new commission is examining the rates and will issue recommendations.

Majority Leader John Flanagan has repeatedly said he is steadfastly opposed to a full-time legislature. He said it on Wednesday's first session day, and last month he told reporters, "We are ostensibly supposed to have, or legally supposed to have, a citizen Legislature or a part-time Legislature. I want the people with a depth of background. I think it's useful to have people from varying walks of life."

Still, upon replacing Skelos, Flanagan gave up his second job, a move he explained Wednesday as important because of his time commitment as Senate leader, which comes with a stipend.

Gov. Andrew Cuomo has noted that the constitution calls for a part-time legislature and Republican opposition to going full-time, but called the idea "something worth talking about." It's more likely that legislators compromise on a significant cap on outside income and additional rules.

LLC Loophole
The now-infamous LLC loophole was featured during the Silver and Skelos corruption trials, but has been a cause of consternation among reformers for quite some time. In practice, the loophole allows anyone to game the campaign finance system by setting up multiple LLCs, or limited liability corporations, from which to donate to candidates for office.

Cries to close the loophole reached fever pitch last session, but in the wake of the Silver and Skelos trials have become even louder. Glenwood Management, a Manhattan real estate firm at the center of the Silver and Skelos cases, used the loophole to subvert the state's campaign donation limits by creating a number of front companies. The firm has been the largest contributor in the state for years. The Assembly moved to close the loophole last year but the Senate refused to vote on the issue. The Assembly is poised to move again on the issue but it appears that they might face opposition not only from Senate Republicans but from Cuomo as well.

Speaking with reporters in Manhattan on Dec. 13, Cuomo said that closing the LLC Loophole was "a priority." However, on Dec. 21, Cuomo said in a WNYC radio interview that closing the loophole would be ineffective because of the Supreme Court's Citizens United decision, which allows for independent expenditures on behalf of candidates.

"You need people in office who are going to use their best judgment in office," Cuomo said on WNYC, "because you're not going to change the campaign finance system because of Citizens United."

Cuomo also refused to return over a million dollars in donations from Glenwood Management. "If I believed that I could be influenced by a million dollars, or a thousand dollars, or fifty dollars, then I'm in the wrong place and I should resign immediately," he explained.

Minimum Wage Hike
Cuomo kicked off the rollout of his 2016 agenda with another rally for an eventual $15 hourly statewide minimum wage and by extending a path toward $15 per hour to 28,000 SUNY employees. Cuomo has promised to push the legislature to adopt his plan to get all workers across the state to at least $15 per hour over the next several years.

Cuomo rapidly evolved his position on the minimum wage last year after opposing a hike to $13 per hour proposed by Democratic legislators. But, he utilized the state's wage board provision to boost the minimum wage plan for fast food workers to an eventual $15 per hour and has rallied across the state to push the legislature to support the same figure.

The Assembly pushed for an eventual $15 minimum wage for New York City in its single-house budget last year and is expected to support Cuomo's push. There are some Democratic members from Upstate and Western New York who are concerned about backlash from business groups. Republican Senate Majority Leader John Flanagan has not written off the possibility of a path toward a $15 minimum wage and there are some who think he will look to compromise with Cuomo on the timeline for full implementation of the raise as a way to take the debate off the table before election season.

Cuomo has already begun outlining tax reform, especially to reduce the burden on small businesses, which many see as part of the plan to get the minimum wage hike passed. A heightened minimum wage is popular around the state and has endeared the governor with many of his erstwhile liberal friends.

Tax on the Rich
With one sentence of his remarks on the opening day of session, Assembly Speaker Carl Heastie changed the expected dynamics of negotiations to come. "We will fight for a tax structure that promotes fairness, equity, common sense," Heastie said, adding that he wanted tax cuts for the working class and to ask "wealthy New Yorkers" to pay their "fair share."

Cuomo has repeatedly rejected calls for a tax on the highest earners over the last few years - especially when the calls came from Mayor Bill de Blasio in 2014. It isn't clear how hard Heastie will push on the issue but if it takes off it could eventually be used as leverage toward enacting a full minimum wage increase.

Criminal Justice Reform
Last month the Cuomo administration made good on a promised executive action when it unveiled a plan to move 16- and 17-year-old inmates with medium and minimum security classifications to a juvenile facility in Hudson. The move is expected to impact up to 100 inmates. However, advocates are not satisfied. New York is still one of two states to treat 16- and 17-year-olds as adults upon arrest.

Criminal justice experts want the entire process changed in state law, something Cuomo has backed and tried to enact last year to no avail.

While advocates plan to continue to push, and held a press conference on the first day of session to resume doing so, Cuomo's executive action may have reduced the legislature's appetite to act. A number of Senate Republicans were concerned about housing teens in adult prisons but are not convinced the entire criminal justice process should be altered. Meanwhile, Cuomo and Democrats from the Senate and Assembly have disagreed on exactly how the 16- and 17-year-olds should be processed by the courts.

Meanwhile, having failed to build a consensus with the legislature on how to revamp the criminal justice system to address concerns about how police shootings of citizens are investigated, Cuomo issued an executive order last summer allowing the Attorney General to name a special prosecutor in such cases.

The move angered some district attorneys and members of law enforcement but gave the governor a boost with progressive activists. However, Cuomo promised to evaluate how the order worked and return to the legislature with a plan to change the law.

Members of the Assembly Majority are anxious to tackle the issue but Senate Republicans are unlikely to want to touch it - especially in an election year. A good gauge of where the issue stands in the pecking order will be to see what kind of mention it gets, if any, in Cuomo's State of the State address. A number of legislators say they expect Cuomo to declare victory on both of these criminal justice issues by pointing to his executive actions and thereby avoid any major legislative battles.

Car Service Apps
In 2015, Mayor Bill de Blasio decided he wanted to limit the expansion of Uber, the most popular car-service app, citing concerns about congestion. It was as if the mayor stepped on a landmine. Uber quickly mobilized its drivers and users and rolled out an effective public relations campaign, even enlisting Cuomo - who may not have needed much prodding to contradict de Blasio.

The mayor walked away limping but with plans to return to the issue. Now the state has to decide how to handle Uber and Lyft's push to be allowed in New York, including in upstate cities. In late October, Cuomo indicated that he thinks the state should issue regulations as a whole. "You can't do Uber city by city," Cuomo said. Cuomo's former top advisor Matt Wing is now in charge of communications for Uber in the Northeast.

Localities would need to give up oversight of transportation insurance and allow Uber to pool insurance for its drivers. The taxi industry, which is steadfastly opposed to Uber, is currently regulated city by city.

Fantasy Sports Gambling
A number of Assembly Democrats are chomping at the bit to address the issue of fantasy sports betting sites like Draftkings and FanDuel, which were recently sued by AG Schneiderman for being illegal gambling in violation of New York law. Schneiderman then amended the suit to ask the companies to return all money it made from New Yorkers. Democratic Assemblymember Gary Pretlow told Gotham Gazette that he plans to come up with regulations, oversight, and consumer protections that could keep the sites alive should they be found illegal in the court battle.

Meanwhile, a number of Senate Republicans are interested in ending any ambiguity about the legality of the sites by passing a bill stating that it is a game of skill and not of chance. Sen. Michael Ranzenhofer introduced such a bill in December. He told The Buffalo News in November that he hadn't spoken to representatives of the sites but was motivated by what he saw as Schneiderman's "overreach."

"It's just once again. New York shouldn't have Uber, shouldn't have mixed martial arts, or sports betting. When all this commerce and activities is allowed in many other states, it just seems like one issue after another in New York," Ranzenhofer told the Buffalo News.

A Variety of Others
Expect a major push from both houses of the legislature to restore education funding cuts.

The Ultimate Fighting Championship is advancing a court case to force New York to allow them to hold events in the state and has even booked a spring date at Madison Square Garden to hold its mixed martial arts bouts (MMA). The legislature could intercede before the case is settled.

Cuomo has already revealed a number of infrastructure related plans. Senate Republicans are looking to increase investment in the state's roads and bridges upstate while a number of city-based Democrats want to see the governor better invest in the MTA and do more to relieve congestion.

A number of Assembly Democrats are looking for partners in the Senate Majority for bills that would encourage guns are stored safely. There are several other bills that address implementing employee training and stricter checks and balances for gun stores as well as ones that would allow police to take away guns belonging to perpetrators of domestic violence.

Cuomo has been focused on national solutions to gun violence as of late but some Assembly Democrats think there is room to pass smaller pieces of legislation this year.

The Gender Expression Non Discrimination Act, or GENDA, appears to have lost a great deal of momentum after Cuomo enacted a number of its tenets through executive order earlier this fall. The Empire State Pride Agenda, which had been backing the bill, announced it is closing its policy operations because it feels it has completed much of its work, but some advocates point out that Cuomo's GENDA order could quickly be undone by the next governor.

The DREAM Act is another long-standing Democratic priority that many are unsure of its place in this year's agenda, which may be determined by whether Cuomo features it in his State of the State and budget.

The Assembly and Senate majorities and the Independent Democratic Conference will have to settle their differences over how to implement paid family leave before they look to negotiate a final bill with the governor. "I'm always optimistic," IDC head Sen. Jeff Klein said of a resolution on paid family leave in November. "It is an extremely important issue resonates with residents across the state." Klein brought the policy up again in his opening remarks on the Senate floor, and Flanagan said a conversation would happen, but that the details must be determined. Heastie said the Assembly would again bass a paid family leave bill this year, as it has several years in a row.

Generally speaking, Flanagan succinctly summed up his conference's priorities with his opening remarks on Wednesday, saying its focus will be "jobs, jobs, and jobs."

***
by David King, Albany editor, Gotham Gazette
@DavidHowardKing

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Corruption, Elections Loom Over Lengthy 2016 Legislative Agenda Wed, 06 Jan 2016 22:17:26 +0000
Cuomo Waves Left with Executive Actions, Is Met with Shrugs http://www.gothamgazette.com/?id=5822:cuomo-waves-left-with-executive-actions-is-met-with-shrugs http://www.gothamgazette.com/?id=5822:cuomo-waves-left-with-executive-actions-is-met-with-shrugs Cuomo wage rally

Cuomo at Wednesday's rally (photo: Governor's Office via flickr)


On Wednesday, the office of Gov. Andrew Cuomo streamed live video of the wage board he convened as its members recommended a multi-year plan to phase in a $15 per hour minimum wage for fast food workers across the state. As the meeting ended the same stream cut to a jubilant rally in New York City. In stark contrast to previous Cuomo administration efforts there was no pretense that the wage board was somehow separate from the governor.

The Cuomo administration attempted to propagate the appearance of independence for previous executive entities such as the Moreland Commission to Investigate Public Corruption, two tax commissions, and even the Department of Environmental Conservation when it made its decision to ban hydraulic fracturing, or fracking, in the state. But this time such a separation wasn't useful to the governor.

With his poll numbers at an all-time-low, members of his own party in open revolt and facing an ongoing feud with Mayor Bill de Blasio, Cuomo appears to be looking to bolster his standing among Democrats across the state by taking executive action on issues he failed to deliver on during the legislative session. Many prominent Democratic electeds and activists have questioned whether Cuomo actually expended any political capital during the legislative session to move progressive issues such as criminal justice reform, the DREAM Act, or a minimum wage increase.

"I don't believe the Assembly had a real working partner in the governor or the Senate in terms of getting things done for the people of this city and, in many cases, the people of this state," Mayor Bill de Blasio told NY1 late last month.

Trust among Democrats was further eroded when Senate Republicans released a memorandum of understanding with Cuomo's office that appeared to state that the governor agreed not to phase in a part of the SAFE Act until Republicans agree to it. Other than that MOU, Cuomo's post-session agenda has been dedicated to taking executive action on issues favored by the left and on which he did not deliver through legislation.

Cuomo has promised to use executive action to remove 16- and 17-year-olds from the state's prison system after failing to enact a sweeping policy to prevent those teens from being tried as adults, much less locked up with them. Failing to reach a deal with the legislature on other criminal justice reforms in the wake of death of Eric Garner, Cuomo signed an executive order earlier this month giving Attorney General Eric Schneiderman the authority to investigate police killings of unarmed individuals, an attempt to reduce the perception that local district attorneys are biased toward the police.

Cuomo was celebrated by Democrats when signing the special prosecutor executive order, and he was applauded at Wednesday's minimum wage rally. City Comptroller Scott Stringer heaped praise on the governor as a man of action when he spoke to those gathered. But, many of Cuomo's fellow Democratic electeds and progressive advocates were not so committed to attaching the governor's name to the wage board decision. Three of the state's most powerful Democratic electeds - Attorney General Eric Schneiderman, Mayor Bill de Blasio, and Assembly Speaker Carl Heastie - all released statements praising the decision, but without any mention of the governor.

Celebratory statements from New York Communities for Change and the Working Families Party also failed to mention the governor by name.

"I think that's appropriate," said former Cuomo opponent Zephyr Teachout of the lack of support from other Democratic electeds. Teachout is the Fordham Law professor who embarrassed Cuomo with a stronger-than-expected showing during last year's Democratic primary. Teachout tapped into displeasure with the governor from his left.

Cuomo defended his use of executive actions during a Wednesday appearance on The Capitol Pressroom radio program, and chose to eliminate any perception that he was separate from the wage board.

"I am the executive, I have many powers beyond those which the Legislature passes, right?" Cuomo told host Susan Arbetter rhetorically. "The executive, whether it's the president, the mayor, or the governor, you run the government, and you have a whole host of powers that are apart and aside from the Legislature. I often say to people [that] dealing with the Legislature and getting a budget passed, and then new laws, that's a part of my job. But that's only a part. And by the way, I don't even think that's the majority of my job. I run the government."

Teachout doesn't think Cuomo's problem lies exclusively with Democrats. "The governor has broad temperamental issues," Teachout told Gotham Gazette. "It's not like Cuomo has a problem with [only] the left. You are going to have a problem finding any group of voters who believe the governor is actually committed to fighting for them."

Cuomo has branded himself as a doer, as an executive who is about making sure the government is running efficiently and effectively, and who can get deals made by working with members of both parties.

Blair Horner of the New York Public Interest Research Group said that Cuomo's use of executive action is fairly typical for governors who have served more than one term. "In terms of putting it into context, governors have historically faced challenges in their second terms. Second terms tend to be harder. [Republican Governor George] Pataki had serious trouble in his second term. It wasn't just with Democrats, but with his own party challenging him."

Horner said that Cuomo is also dealing with "eroded approval ratings and unprecedented indictments" of state legislative leaders that have made getting what he wants from the Legislature that more difficult. And Horner said Cuomo is particularly notorious for "liking to put points on the board."

Many Democrats are happy Cuomo has used his executive powers on the issues he has but feel he acted out of political expediency so that he didn't have to place his Senate Republican allies in a difficult position during the legislative session. These Democrats are therefore reluctant to give him credit.

On the other hand, many business groups and Republican electeds are more than happy to connect Cuomo to his left-leaning executive actions, because they are opposed to them. "From day one Governor Cuomo's wage board has sought to silence the business community and force through an unfair and discriminatory increase on a single sector of one industry," said Melissa Fleischut, President and CEO of the NYS Restaurant Association, in a statement. Fleischut went on to accuse Cuomo of "stacking the board" with supporters of a wage increase, and allowing business owners "to get booed and heckled at public hearings."

Other business groups have attacked Cuomo for bypassing the Legislature on the wage issue, saying he has too much executive power. It may be surprising, but Teachout agrees to some extent. "The governor of New York has too much executive power and the 'three men in a room' have too much power," Teachout told Gotham Gazette. "Having said that, I'm happy he's using it for positive ends. But you know with this governor that if he has to move, he is always going to act in a way that maximizes his own power."

Cuomo is likely to face a lawsuit from the restaurant industry over the wage board's recommendations and subsequent adoption by the Department of Labor.

Regardless of his executive actions, pundits say Cuomo has to do something about his sinking poll numbers in New York City, which has been a reliable base for Cuomo in past elections. A June 15 Siena College poll found Cuomo's favorability rating drop to 39 percent, with his numbers dipping among city-based voters.

Horner said that executive actions are simply part of Cuomo's efforts to enact his agenda and that part of his agenda has to be "keeping the coalition together."

Teachout thinks Cuomo's executive actions indicate that he knows he faces an increasingly hostile electorate. "He is losing that default New York City vote that he could count on last time, and that's a big, big deal. When all you have left is the Buffalo base, that's a real problem. I don't think the wage board does much to help that."

Teachout - who has not ruled out challenging Cuomo again in 2018 (assuming he seeks a third term) - said that she believes voters have developed a view of Cuomo similar to the one that de Blasio expressed: a transactional politician, cynical, power-obsessed, and untrustworthy; and not much is going to change that.

A key question is how much workers, activists, and elected officials associate Cuomo with the action he is taking. Will the special prosecutor move endear Cuomo in communities distrustful of the police and district attorney offices? Will his move on the minimum wage earn him the loyalty of those low-wage and union workers? Are the progressive activists who have been burned by Cuomo willing to live with a governor who they don't feel they can trust but sometimes delivers for their causes?

"I compare this moment to the fracking moment," said Teachout. "I think the administration thought the fracking ban would have an equal impact to the marriage equality moment--that it would be this inspirational moment for people to rally around the governor. But I think most people saw it the same way I did: 'Great! He banned fracking.' But with no change in how they see him."

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

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Cuomo Waves Left with Executive Actions, Is Met with Shrugs Thu, 23 Jul 2015 03:37:14 +0000
Black, Hispanic & Asian Caucus Faces Growing Pains, Tense Relationship with Cuomo http://www.gothamgazette.com/?id=5817:black-hispanic-a-asian-caucus-faces-growing-pains-tense-relationship-with-cuomo http://www.gothamgazette.com/?id=5817:black-hispanic-a-asian-caucus-faces-growing-pains-tense-relationship-with-cuomo Cuomo Schneiderman presser

At the special prosecutor announcement (photo: Governor's Office via flickr)


Gov. Andrew Cuomo was beaming. Touting the historical significance of the executive order he had just signed to give Attorney General Eric Schneiderman the authority to act as a special prosecutor in cases where police kill unarmed civilians, Cuomo smiled for photos. Often rivals, Cuomo and Schneiderman, who are both white, sat smiling at the July 7 press conference. They were surrounded first by a group of mothers who had lost their black and Hispanic sons to police violence, then by a group of legislators, all people of color. The cameras snapped and then the smiles faded.

It was indeed momentous, real movement after years of work by advocates and legislators pushing for a special prosecutor to investigate such police shootings. But, the order by the governor, aimed at what he called a "crisis of confidence in the criminal justice system," does not wipe away another trust divide. Despite support for and appreciation of the special prosecutor mandate, Cuomo himself faces a crisis of trust from many members of the state legislature's Black, Puerto Rican, Hispanic and Asian Caucus.

Many advocates and legislators say it was a gargantuan effort to keep up enough pressure to make it politically impossible for Cuomo not to sign the order after there was no legislative deal before lawmakers ended their spring session in Albany. Just the day before the order-signing, victims' families had met with Cuomo to express concerns that the order would not go far enough.

While many give intense gratitude to Cuomo for taking the action, they also resent that it took so much time and energy to get him there when the issue has been such a prominent one for years.

Members of the Black, Puerto Rican, Hispanic and Asian Caucus - 33 in the 150-member Assembly and 14 in the 63-member Senate - have experienced a roller coaster ride for the past five years since Cuomo came into office.

It goes something like this: the governor announces that he shares some of their major priorities in his State of the State speech, they move to back him, and then they watch as their top agenda items are thrown out of the budget when a deal is reached. They build up hope again after the budget is passed, seeking inclusion of the same issues in the typical end-of-session "Big Ugly" deal. They rally, publicly express certainty that Cuomo will deliver for them, that he is in fact on their side and the side of their constituents, all while privately wondering if he is only paying them lip service when he says he continues to be committed to their issues.

And then the session ends.

No DREAM Act, no college for inmates, no reduced punishment for possession of small amounts of marijuana. And this year no legislative action on either criminal justice reform efforts sparked by the rash of police killings of unarmed civilians or the governor's own 'Raise the Age' proposal. While Cuomo has promised executive action removing them from adult prisons, New York remains one of just two states that tries 16- and 17-year-olds as adults.

There was heightened internal tension in the caucus this year as the new and old guards struggled to direct the group. Younger members are pushing for more forceful action on issues important to their communities while veteran members urge caution and warn that major bills in Albany can take a lot of time.

"We need continued pressure on these issues from the caucus and the governor because communities of color cannot feel their issues are second because they are harder to achieve," said Bronx Assembly Member Michael Blake, a freshman legislator and veteran of the Obama Administration.

Brooklyn Assembly Member Nick Perry became caucus chair this year and has served for over 20 years as a state legislator. He acknowledges he is in a particularly tough position after the results of this year's legislative session. Perry's rival for the position, vacated when Karim Camara resigned to take a job in Cuomo's administration, Walter Mosley, was thought to be the choice of the younger members of the caucus but his candidacy collapsed after he took a controversial position on a bill dealing with the East Ramapo School District.

"We had a number of enthusiastic, young freshmen who wanted to bring home their bills but they met with the frustration that is Albany," Perry told Gotham Gazette. "They had a rude awakening," he added, saying that frustration is something he has gotten used to after spending so much time in the state legislature. Perry said that he hopes to marshall the caucus to focus on what is achievable. "We have so many votes that we can achieve so much if we work together. You have to realize you aren't going to win every time and we must pool our efforts into what is possible."

Bronx Sen. Gustavo Rivera agrees with Perry. "I think as a caucus we are not as effective as we should be considering our numbers but I am committed to working with them to enact a progressive agenda," Rivera said.

Despite having been in the Senate for five years, this was the first year Rivera really felt like he was in the minority, he says, as he was unable to impact some of the most important issues facing his community. "This is the first time I really felt it," said Rivera, who added that the caucus will be in control of its destiny if Democrats take control of the Senate in the 2016 elections.

It's a sentiment shared by Perry, who said he expects most of the caucus' agenda will have to wait until 2017, indicating he hopes the presidential election will attract a surge of Democratic voters. "I would bet that the presidential year will bring a wave of working class voters much larger than last year and that the seats Republicans hold narrowly will become Democratic," said Perry.

Perry sees 2016 as intensely difficult for the caucus' issues because of the pressure Republicans will feel to keep their seats.

"We have to realize on issues like the DREAM Act that if some of these Republicans go against the grain they will eventually get blown away," said Perry. "We have to be realistic about the political realities Republicans face in their districts and it is our duty to convince them that there is enough support across the state."

Blake, however, is not content to wait until 2017 on issues of criminal justice reform, or a minimum wage increase. "For me this is not about waiting for 2017," Blake told Gotham Gazette. "Communities of color are not interested in waiting for the next presidential election to move on these issues. Kalief Browder was my constituent. Kalief Browder's parents don't want to hear that we couldn't do 'raise the age' because we don't have the Senate Majority. They are thinking he is dead because we didn't have 'raise the age.'"

Caucus members want to see Cuomo go to bat for their issues with the conviction he's shown in previous legislative victories, but they are conflicted about how much public pressure to put on him. Most members agree that it was their constituencies that delivered for Cuomo during last year's election and that Cuomo needs to be mindful to actually deliver for those voters and not get completely distracted by the upstate economy.

"The problem we have is that at the the end of session what is on the table for black and Latino voters simply hasn't been enough," said Perry. "We were there for the governor during his elections. Something like 77 percent of black voters supported the governor so it is fair for us to expect him to be with us on our issues."

This year discontent with Cuomo among Democrats has exploded into the open as many city legislators feel he failed to go to bat on city issues and in some cases decided to ally with Senate Republicans and wealthy campaign donors over Democratic interests. Cuomo ran on delivering The DREAM Act, an increased minimum wage, campaign finance reform, and the Gender Non-Discrimination Act (or GENDA), but none of those issues ever appeared to be seriously in play in the post-budget session.

Instead Cuomo put his real political muscle into controversial school reforms, the equally controversial education tax credit, and to a lesser extent, 'Raise the Age.' Cuomo also took executive action toward increasing the minimum wage for fast food workers by convening the state wage board and resolved to manage compromises over rent regulations and mayoral control of city schools.

A number of caucus members told Gotham Gazette on the condition of anonymity that they simply no longer believe any of Cuomo's promises and they expect the only way they can hope for him to deliver on their issues is to make it politically impossible for him not to. "Yeah, he got off his ass on the special prosecutor but it's because we dragged him there kicking and screaming," said one caucus member. They are well aware that Cuomo is being attacked by district attorneys and police organizations for signing the order and many of them are concerned he may do away with it if it begins to impact him politically.

Perry said he is certain that Cuomo acted on the special prosecutor order because it is something he fully believes in but he was miffed that Cuomo didn't act sooner. "The special prosecutor was an extremely important move and I believe there is no turning back now - we will have legislation on it next year. The only thing that I don't understand is why the governor didn't do it much earlier. He supported it when we talked about these issues even before he was governor. So, I think when he took this action, it was something he truly believed in."

Adding to the frustration was the departure of Camara as caucus chair. The former Assembly member joined the Cuomo administration to head the newly-created Office of Faith-Based Community Development.

As was made clear by that appointment, Camara has had an extremely close relationship with the administration, was known to stay in contact with the governor and to often be polled by administration representatives before the executive branch took action. Now many members say they've never actually heard from the governor except perhaps in passing at an event.

"This was clearly a transition year for the caucus," said Rivera. "We had a lot of new members who need to adjust to the reality of Albany and we had Karim step off and a new Assembly Speaker added to the reality of us not being in majority [in the Senate]."

It is important to note that the new Assembly Speaker, Carl Heastie, is a member of the Black, Puerto Rican, Hispanic, and Asian Caucus and the first person of color to lead the chamber.

Although the dance between the Cuomo administration and the caucus has become a familiar one the situation is particularly nettlesome after Mayor Bill de Blasio openly lambasted Cuomo's transactional style of politics and what he actually delivered for the city this year. "I don't believe the Assembly had a real working partner in the governor or the Senate in terms of getting things done for the people of this city and in many cases the people of this state," de Blasio told reporters on June 30.

"The governor has developed a relationship with Senate Republicans that could be beneficial to the Democratic agenda," said new caucus head Perry, who represents part of Brooklyn. "So I plan on working with him rather than attacking him for the relationship, as some have."

Sen. Rivera said he is thankful that the governor issued his executive order regarding police killings but he plans to keep up the pressure. "I congratulate the governor on taking such a bold step but we need it in statute and to extend it to all police misconduct. I've been carrying a bill that would do that for the past five years but it hasn't seen the light of day in the Senate."

Assembly Member Blake said he is committed to working to educate Senate Republicans on major caucus issues - especially criminal justice reform - but he said more pressure to act has to be applied on Cuomo.

"We've seen in the history of the civil rights movement that sometimes it takes someone willing to risk their political career to enact important change," said Blake.

When asked if he was discouraged or caught off guard by the political gridlock in Albany, he laughed. "No," he said. "The reality is we made changes, we didn't get everything but this was not a rude awakening. I was at the White House when we were fighting for health care, when we were dealing with the 'death panel' nonsense. One thing I remember was the president talking to David Axelrod and Rahm [Emanuel] and telling them 'if it means me being a one-term president to do the right thing, then so be it, I'm committed to that.'"

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

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Black, Hispanic & Asian Caucus Faces Growing Pains, Tense Relationship with Cuomo Mon, 20 Jul 2015 18:04:50 +0000
In End of Session 'Scorecard,' Plenty for Next Year's Albany Agenda http://www.gothamgazette.com/?id=5791:in-end-of-session-scorecard-plenty-for-next-years-albany-agenda http://www.gothamgazette.com/?id=5791:in-end-of-session-scorecard-plenty-for-next-years-albany-agenda Cuomo Heastie Flanagan

Heastie, Cuomo, Flanagan (L-R) (photo: Governor's Office via flickr)


In the Democrat-controlled Assembly, it was 122-13; in the Republican-controlled Senate, 47-12. With those votes and a Governor Andrew Cuomo signature, a final policy package brought an underwhelming end to a tumultuous 2015 legislative session in New York's capital. 

Look at the bill, which combines laws on a variety of disparate issues, and see it's headlined "relates to rent-control provisions," referencing what was to many the most important aspect of the deal reached by Governor Cuomo, Republican Senate Majority Leader John Flanagan, and Democratic Assembly Speaker Carl Heastie. This year's 'three men in a room' took a little extra time to get to "yes," with the 2015 'big ugly' passed through the Legislature a little over a week after the originally scheduled end of session.

You can forgive Albany lawmakers for being a little tardy, though - as Governor Cuomo has said, it was no ordinary year in Albany. "This was a very difficult year," Cuomo said last Tuesday when announcing the framework of a deal. "There were extraordinary developments...It was almost unimaginable to have this kind of change in this period of time. You wound up with two new leaders." He was, of course, alluding to the fact that both Flanagan's and Heastie's predeccesors were arrested on corruption charges earlier this year.

Along with an extension of rent regulations that mostly concern New York City tenants and their allies, the deal includes action briefly extending mayoral control of city schools and the 421-a real estate tax abatement program; providing property tax rebates; setting aside funding for nonpublic schools; and altering the cap on charter schools so more can open in New York City. Cuomo and the Legislature also struck deals on campus sexual conduct and nail salon regulation.

While extensions were passed on major sunsetting items, the 2015 deal may be more notable for how much it did not include than for what it did.

Cases in point: noting the absence of items he had promised action on, Cuomo announced two executive orders he would be issuing on criminal justice issues. Facing an uncooperative Senate, the governor had also already set things in motion to up the minimum wage on his own, with his Department of Labor convening a fast food worker wage board set to deliver recommendations soon.

But on those issues some action is being taken - there is also a wide variety of policy seeing no movement through the end of session deal or Cuomo on his own, angering advocates behind pushes to enact paid family leave, the Gender Non-Discrimination Act, the DREAM Act, government ethics and campaign finance reform, and mixed martial arts (MMA), to name a few of the most-sought. New York will continue to be the only state that does not sanction MMA and one of only two that continues to try 16- and 17-year-olds as adults in the criminal justice system.

Yet according to Cuomo, the end-of-session deal is a robust package, plenty good for New Yorkers, and further evidence that New York government is functional. Speaking at a press conference announcing a final agreement, Cuomo said, "I am personally very happy and very proud of this legislative package. I think that it is responsive to the problems that are pressing the state right now. I think that it is actually a very robust and extensive legislative package of reforms that goes a long way towards making this state a better state."

The governor also praised Flanagan and Heastie. "These gentlemen were in a very difficult situation to step in as a new leader," Cuomo said, adding that it was "extraordinary" that the two could step into the legislative process in the middle of negotiations and ensure government keeps working.

Flanagan seemed mostly pleased with the session's policy outcomes. Heastie less so. But, Heastie and many of his supporters have been quick to note that the deal appears to be the best the new speaker could do. He was fighting an uphill battle, many Democrats argue, against an obstinate Senate Republican conference and, in some cases, an unsympathetic Democratic governor. New York City Democrats - elected and otherwise - were largely disappointed, and many point a finger at Cuomo, who they say did not fight hard enough on key issues or for tenants.

State Senator Adriano Espaillat, a Manhattan Democrat who voted against the end-of-session deal, said, "We are far from where we need to be to protect tenants...we need strong rent laws, not a slight improvement."

City Comptroller Scott Stringer said similarly, "When it came to protecting tenants, Albany failed miserably," Stringer said Sunday on John Catsimatidis' radio show, according to the Daily News. "We have an affordable housing crisis," Stringer added, "But the rent stabilization deal didn't address those issues."

The rent laws took center stage as Albany lawmakers let them briefly expire and the session puttered into overtime. But, the regulations were among many issues at play, some of which saw action. In looking at the outcomes of the 2015 legislative session - which some have called anemic or "the absolutely bare minimum" - we see the initial framework for next year's policy agenda.

WHAT WAS DONE
Rent Regulations: extended for four years, and strengthened slightly with an increase and indexing of the threshold by which units can be removed from the regulated rolls; an increase in civil harassment penalties where owners harass a tenant to obtain a vacancy; and an adjustment to the limits landlords can charge tenants to receive reimbursement for building improvements. Senate Republicans attempted to insert income verification measures, but they did not make the final deal.

Of Assembly Speaker Heastie's push on rent regulations, Governor Cuomo said, "I believe the rent package that he has obtained is a major step forward. You have certain voices that would say rent regulations should just go away - I understand that, but that's not going to happen any time soon. But he has done an extraordinary job in crafting a program that addresses the entire spectrum of the problem."

Reaction: the extension came as a relief to tenants and their allies, but is seen as largely inadequate, as the comments from Espaillat and Stringer indicate. City Council Member Jumaane Williams has said that "Governor Cuomo completely and thoroughly let New York City tenants down."

A spokesperson for a coalition of pro-tenant groups, Real Affordability for All, said "This deal is very bad for tenants, good for corruption and a step further to eliminating the largest source of affordable housing in the state. The changes included to the laws are as insignificant as the reforms made in 2011, which led to the displacement of thousands of working class New Yorkers and to the high record number of families who ended up in city shelters. It completely ignores the affordable housing crisis." Activists say thousands of rent regulated apartments will be lost each year and they plan to continue to protest the deal.

Taxes: the state property tax cap, limiting growth at two percent per year, is extended for an additional four years, and a new property tax credit, "$3.1 billion over four years in direct relief to struggling New York taxpayers," is included. In a statement, Senate Majority Leader Flanagan said, "We are taking action on long-held Republican priorities that reduce the property tax burden here in New York so that we can create jobs, grow businesses, and help taxpayers keep more of their hard-earned money."

Reaction: the governor is largely praised for fiscal discipline when it comes to property tax increases, while the property tax cap and the new tax credit are seen as wins for middle class and wealthy homeowners. The Citizens Budget Commission, however, expresses concern about the tax credit, writing, "The legislative package passed in Albany last week rejected some misguided and expensive proposals, including a tax credit for benefactors of private schools. Unfortunately, other expensive proposals were included, adding to current and future state expenses without providing offsetting savings or revenues...By far the largest part is a new property tax relief rebate program, which will cost $1.3 billion annually when fully implemented."

421-a: "The legislation extends the 421-a program for six months, with a provision that allows representatives of labor and industry groups to reach a memorandum of understanding regarding wage protections for construction workers. If such an agreement is reached, the program will automatically be extended for four years," according to a release from the governor's office. A key piece of the deal is that affordable housing will be mandated as part of any development approved to receive the tax break, a significant change from the previous version, which included major exceptions. The deal also bans the so-called "poor door" setup that some developers enacted with separate entrances for market-rate tenants and affordable unit tenants.

Reaction: 421-a was a source of conflict between Governor Cuomo and Mayor Bill de Blasio. The final plan - assuming that the two sides can come to a wage agreement - is very close to what de Blasio proposed, which he and his aides have pointed out, including through a convincing infographic.

"Some real progress was made on 421-a. We were very proud of that fact," de Blasio said on Monday, according to The Observer. "We're going to have a lot more affordable housing than we would have otherwise, and taxpayers are going to get a much better deal, because any time we subsidize a building, there will be affordable housing as part of that." The deal does not include the so-called "mansion tax" de Blasio called for on sales of apartments over $1.75 million and used to fund affordable housing, which the mayor called "a mistake" and a "lost opportunity."

The deal appears to work for just about all the key stakeholders, though the labor agreement that must be reached could halt the celebration, and even if it is worked out by the parties, the proof of this deal's success will be in the pudding that is real estate development and accompanying affordable housing built over the coming years.

Education: there is $250 million to private schools "for the costs of performing State-mandated services," money which many say the schools are already owed; requirements for the "disclosure of state exam questions and answers" and other measures to improve standardized testing; a "one-year extension of mayoral control of the New York City school system"; and an "increase in the number of charter schools available to be issued in New York City to 50 and enhanced flexibility in teacher certification rules" for charter schools.

Reaction: de Blasio and his allies had sought at least three years extension of mayoral control (de Blasio had originally pushed for it to be made permanent and the Assmebly had passed a seven-year extension); the one-year deal is seen as an insult to the mayor and, to some, revenge by Senate Republicans for de Blasio's 2014 efforts to swing the Senate to Democrats. It is unclear how much Governor Cuomo fought for a longer extension, though he had himself originally proposed three years early in 2015. "The outcome of the negotiations was the best that we could do," Cuomo said. Mayoral control will now be a focal point again in 2016 as de Blasio seeks another extension.

Meanwhile, much of the rest of the deal appears to extend the governor's education reform agenda. Cuomo allies in the charter school sector praised the deal. "Today Albany leaders stepped up and delivered for parents and students who demanded more choice," said StudentsFirstNY Executive Director Jenny Sedlis. "Too many children are stuck in failing schools without options...Thankfully, Albany leaders understand that charter schools play a critical role in the delivery of free, public education in New York."

Albany lawmakers also announced a deal enacting Cuomo's "Enough is Enough" campus sexual assault conduct policy across the state. "We have a bill on sexual assault on campuses that is the smartest and toughest bill in the United States," Cuomo said announcing the deal. "I think it's going to set a new national model for other states to follow."

EXECUTIVE ACTION:
The governor is taking executive action on three issues, each of which will still be revisited in terms of legislation, likely in 2016.

Governor Cuomo wanted legislation passed to raise the age of criminal responsibility, but Senate Republicans balked. "To me the single most important piece of 'raise the age' is getting the 16- and 17-year-olds out of state prisons and that's what I can do by executive order," Cuomo said last week. "We'll be creating facilities designed for those 16- and 17-year-olds that will be much more appropriate than a state prison," he said.

Cuomo also announced that since he could not come to a deal with legislative leaders on a special prosecutor in cases where police officers kill unarmed civilians, he was appointing the attorney general as such for one year, and will hope to come to a legislative solution in 2016.

The governor has pushed a further increase in the minimum wage, which is now $8.75 per hour and set to go to $9 at the end of the year. Unable to get Senate Republicans to bite, Cuomo announced he had instructed his Department of Labor to convene a wage board examining wages in the fast food industry. The wage board has held several public hearings and is set to announce its recommendations any day. Hopes are high that the board will "do the right thing and recommend a $15 wage for fast-food workers that will take effect as soon as possible," as a statement from Working Families Party State Director Bill Lipton read. Even if the board announces something less than $15 per hour, it is likely to push a significantly higher wage than $9.

ON TO NEXT YEAR:
While Cuomo acts on his own regarding the minimum wage in the fast food industry, where 16- and 17-year olds are imprisoned, and how investigations into police killings of unarmed civilians are run, it is almost certain that the governor and others will want to see legislative action on the three issues come 2016.

Advocates will have to continue to push for the DREAM Act; paid family leave; the Gender Non-Discrimination Act; raising the age of criminal responsibility and other criminal justice reforms; an increase in the minimum wage; legalizing mixed martial arts; ethics and campaign finance reform; and much more. Cuomo did not get Assembly Democrats to agree to his education tax credit proposal that would have incentivized contributions to nonpublic schools, and it is unclear if there will be another push for it in the future. It is clear, however, that the other issues on this list will remain the focus of much lobbying and activism:

Ethics and Campaign Finance Reform: "I'm disappointed and, frankly, find it incomprehensible, that there were not further measures taken to reform the procedures in our state government and in our campaigns," Attorney General Eric Schneiderman said on Friday, according to The Observer.

Schneiderman, who has put forth his own sweeping ethics reform package, said he wants to see a special legislative session before the scheduled January return of business to Albany. Good government groups, including Citizens Union, the Brennan Center, and NYPIRG, released a statement saying, "New York's leading civic organizations today decried Albany's continuing failure to fully address the ceaseless ethics problems head-on during the 2015 legislative session. The groups called on Governor Cuomo and the state's legislative leaders to convene a special session to tackle ethics reforms before the end of the calendar year."

Among the reforms the good government groups and Schneiderman want to see are limits on legislators' outside income and the closing of the infamous LLC loophole, which allows virtually unlimited campaign donations.

The Gender Non-Discrimination Act: The State Assembly has passed GENDA eight times, but the legislation, which, according to the Empire State Pride Agenda, "would update the state's anti-discrimination protections to cover transgender New Yorkers," has stalled in the Senate. The Pride Agenda released a statement saying that with the end of "a deplorably unproductive legislative session," the Senate has left transgender New Yorkers at continued risk "to the vicious discrimination that haunts countless trans lives." The Pride Agenda and allies also want to see action banning "conversion therapy" on minors in New York, which has also passed the Assembly.

Paid Family Leave: It's an issue gaining more and more traction nationally, but New Yorkers are looking to push paid family leave at the state level in the absene of federal policy. Reacting to a lack of movement before the end of the 2015 session, the New York Paid Family Leave Insurance campaign issued a statement, saying, "It now appears that New York families will have to wait yet another year for paid family leave. Meanwhile, thousands of workers upstate and down are still forced to choose between caring for their loved ones and their families' economic security...While employers and employees in California, Rhode Island, and even next door in New Jersey continue to reap the benefits of this overdue policy, New York is still woefully behind." Advocates cite The Paid Family Leave Insurance Act, which passed the Assembly in March and "would provide up to 12 weeks of paid leave to bond with a new child, care for a seriously ill family member, and deal with issues that arise when a family member is called to active military service."

Business owners and their allies continue to express reservations about any additional mandates placed on owners, both in terms of monetary cost and productivity. Many insist that New York should not take any further action to make the state more unfriendly toward business.

Well before the end-of-session deal was reached, it was clear that little beyond the basics would be done. Those behind the issues above, plus the DREAM Act, a farm workers bill of rights, the abortion plank of the Women's Equality Agenda, MMA, and other pieces of legislation watched the final negotiations in disappointment, and beginning to think about influencing the start of business next year.

In most instances, it is Democrats left wanting more. When the final deal was announced on Thursday, Assembly Speaker Heastie spoke of coming to terms with reality. "You could always want better," he said. "This is a bicameral Legislature and the Republicans in the Senate have their own vision on what they'd like to see and you do the best you can and try to compromise...We would have loved to have done more." 

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by Ben Max, Gotham Gazette
@tweetBenMax

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In End of Session 'Scorecard,' Plenty for Next Year's Albany Agenda Mon, 29 Jun 2015 20:09:15 +0000