Gotham Gazette http://www.gothamgazette.com/component/tags/tag/1479 Mon, 23 Oct 2017 11:23:09 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) 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
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