Gotham Gazette http://www.gothamgazette.com/component/tags/tag/940 Wed, 18 Oct 2017 09:09:35 +0000 Joomla! - Open Source Content Management en-gb webmaster@gothamgazette.com (Webmaster) The Week Ahead in New York Politics, March 21 http://www.gothamgazette.com/?id=6231:the-week-ahead-in-new-york-politics-march-21 http://www.gothamgazette.com/?id=6231:the-week-ahead-in-new-york-politics-march-21 New York City Hall

New York City Hall


What to watch for this week in New York politics:

This week will be another busy one when it comes to budgets: the City Council continues its preliminary budget hearings and state budget negotiations enter their final ten days - a state budget is due by April 1 and some say a deal could be announced before the end of this week. Don't count on it, though, state budgets usually come in just before (or, as was the case last year, just after) the March 31 midnight deadline. This practice under Governor Andrew Cuomo is actually a serious improvement given that the state used to regularly wind up with late budgets extending weeks past the start of the new fiscal year, which begins April 1.

There are a variety of issues to be worked out, with several of importance to New York City. As always, there are a number of high-profile items, like an increase of the minimum wage or government ethics reform, that could be pushed beyond the budget and into the legislative session to follow. That session runs until mid-June. The budget, after all, only must include necessary state expenses. Expect at least a couple of closed-door meetings among Cuomo and the two legislative leaders, Assembly Speaker Carl Heastie, a Democrat, and Senate Majority Leader John Flanagan, a Republican. On Monday, City Council "Speaker Mark-Viverito and Council Members will travel to Albany to advocate for the City Council's 2016 State Budget and Legislative Agenda," according to Mark-Viverito's public schedule.

Also worth watching in Albany this week, the Assembly will consider internal reforms announced by Heastie and his conference at the end of this past week. The 40-plus reform proposals received a mixed reaction from elected officials and good government advocates, but still indicate a number of changes that many have been advocating for years. And, keep an eye out for a related conference in Albany on Friday, which will look at ethics reform through the lens of a state constitutional convention - details below.

While it is another busy week of budget hearings at the City Council, the Council will also hold a full-body Stated Meeting on Tuesday, at which new bills will be introduced and the Council will vote on the two high-profile zoning changes - Mandatory Inclusionary Housing (MIH) and Zoning for Quality and Affordability (ZQA) - that have been the source of months of discussion, negotiation, and controversy, and that are key to Mayor de Blasio's affordable housing plans.

As always, there's a great deal happening all over the city, with many events to be aware of - read our day-by-day rundown below.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
E-mail Gotham Gazette editor Ben Max: bmax@gothamgazette.com***

The run of the week in detail:

Monday
Mayor de Blasio is doing a series of six media appearances to discuss his affordable housing agenda on Monday. He'll be on NPR, 880AM and 710AM radio, and on NY1, NY1 Noticias, and Univision TV.

Both houses of the New York State Legislature are in session on Monday in Albany.

At 10 a.m. in Albany, following the full meeting of the NYS Board of Regents, the board’s newly-elected Chancellor and Vice Chancellor will hold a press conference with the State Education Commissioner MaryEllen Elia.

At noon Monday, a coalition of over 90 HIV/AIDS advocates will launch a statewide Week of Action on the steps of City Hall, calling upon Governor Cuomo to invest $70 million in a plan to end AIDS in the 2016 New York State budget.

At the City Council on Monday:

  • At 9:30 a.m., the Committee on Health will hold a hearing on a bill to prohibit the use of smokeless tobacco products at sports arenas and recreational areas that require tickets.
  • At 10 a.m., the Committee on Health will meet for a preliminary budget hearing.
  • At noon, the Committee on Consumer Affairs will meet for a preliminary budget hearing.
  • At 1 p.m., the Committee on Youth Services will discuss a bill requiring the establishment of a training coordinator to teach certain agency staff throughout departments such as Parks and Recreation, Homeless Services, and Human Resources Administration/Social Services how to identify runaway, homeless or sexually exploited youth and how to connect them with appropriate services. The committee will also discuss several technical changes relating to an annual report produced by the Administration for Children’s Services and the Department of Youth and Community Development on the number of sexually exploited youth each agency has come into contact with over the course of the calendar year.
  • At 1 p.m., the Committee on Public Safety will meet for a preliminary budget hearing.
  • At 1:30 p.m., the Committee on Higher Education will meet to discuss a resolution to increase State funding to CUNY, and to reach a fair labor agreement with the University’s faculty and staff in the 2016-17 NYS Executive Budget.
  • At 3 p.m., the Committee on Civil Rights will examine a bill to broaden or incorporate a right to truthful information for a variety of activities covered by the New York City Human Rights Law, including lending, employment, and access to public accommodations and others.

At 2 p.m. Monday, "First Lady McCray will deliver opening remarks at a panel at Fountain House, an organization dedicated to supporting those living with serious mental illness."

At 6 p.m. Monday, the LGBT Task Force of Manhattan Community Boards 9, 10, 11, and 12 will host an LGBT Resource Fair featuring New York City Agencies. The event is sponsored by Manhattan Borough President Gale Brewer and City Council Speaker Melissa Mark-Viverito.

At 6:10 p.m. Monday evening, "Mayor Bill de Blasio will discuss affordable housing with an anticipated 10,000+ AARP members from New York City on an interactive call that allows participants to ask questions," according to AARP-NY.

On Monday at 6:30 p.m., schools Chancellor Carmen Fariña will attend a town hall meeting of District 16's Community Education Council at MS 267 in Brooklyn.

Tuesday
Both houses of the New York State Legislature are in session on Tuesday in Albany.

At 8:30 a.m. Tuesday, Crain’s New York Business will host an event on how startup businesses take off in New York City, featuring: Gregg Bishop, Commissioner, NYC Department of Small Business Services; Howard Lerman, Co-Founder & CEO, Yext; Rachel Shechtman,, Founder and CEO, STORY; Adam Shwartz, Director, Jacobs Technion-Cornell Institute at Cornell Tech; and moderated by Matthew Flamm, Senior Reporter, Crain's New York Business.

At 8:30 a.m. Tuesday, the YWCA of New York City will host “its third breakfast panel for Women’s History Month “New York City Women Leaders: The Power of Influence and Purpose.” The panel will include Maya Wiley, counsel to Mayor Bill de Blasio; City Council Member Elizabeth Crowley; and Carmelyn Malalis, commissioner of the city’s Human Rights Commission; among others.

At 10 a.m. Tuesday, the Commission on Public Information and Communication will meet to discuss the implementation of the webcasting law and the establishment of a central portal for webcasts.

At the City Council on Tuesday:

  • At 9 a.m., the Committee on State and Federal Legislation will meet to press for authorization that Christopher Park in Manhattan is discontinued as city parkland.
  • At 10 a.m., the Committee on Finance will meet to approve new designations for certain organizations to receive funding in the expense budget; to communicate the transfer of City funds between various agencies in FY ‘16 in the expense budget; and to communicate the appropriation of new revenues of $982 million in FY ‘16.
  • At 1:30 p.m., the City Council will hold a full-body Stated Meeting. The highlight of the hearing will be the Council’s votes on the MIH and ZQA zoning text amendments.
  • Before the Stated, City Council Speaker Melissa Mark-Viverito will host a pre-Stated press conference at 12:30.

Also prior to the Stated Meeting, at noon, City Council Members Costa Constantinides and Ydanis Rodriguez will host a press conference on the steps of City Hall to rally before introducing a bill to create a pilot program for electric vehicle charging stations on street parking. The program hopes to encourage the use of electric cars and reduce carbon emissions citywide.

Wednesday
Both houses of the New York State Legislature are in session on Wednesday in Albany.

At the City Council on Wednesday:

  • At 10 a.m., the Subcommittee on Libraries will meet jointly with the Committee on Cultural Affairs, Libraries and International Intergroup Relations for a preliminary budget hearing on libraries.
  • At 11 a.m., the Committee on Contracts will meet for a preliminary budget hearing.
  • At 1 p.m., the Committee on Courts and Legal Services will meet for a preliminary budget hearing.

At 5 p.m. Wednesday, City Council Speaker Melissa Mark-Viverito will host a Women’s History Month celebration at Mott Haven Library.

Thursday
At 8 a.m. Thursday, the Manhattan Chamber of Commerce will host a breakfast event focused on combating the rising tide of cybercrime and featuring Manhattan District Attorney Cy Vance.

Friday and the weekend
At 1:30 p.m. Friday in Albany, a forum, “Can a NYS Constitutional Convention Strengthen Government Ethics?” The event, hosted by The Rockefeller Institute, will feature discussion about whether issues of integrity in government can be fixed statutorily, or if would be better resolved through constitutional change. Speaking will be former NYS Comptroller H. Carl McCall; and Columbia Law School Professor Richard Briffault, who is also a former assistant counsel to Governor Hugh Carey; as well as a panel of experts.

On Saturday, March 26, Participatory Budget voting begins in New York City Council districts running the program. In Participatory Budgeting, Council Members ask New York City residents “to decide how to invest public funds in their neighborhoods.” Voting will take place throughout the nearly 30 participating districts through April 3.

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: bmax@gothamgazette.com (please use "For Week Ahead" as email subject).

***
by Kelly Fan and Ben Max
@GothamGazette

]]>
The Week Ahead in New York Politics, March 21 Sat, 19 Mar 2016 14:22:16 +0000
Criminal Justice Reform Act is No Alternative to Broken Windows Policing http://www.gothamgazette.com/?id=6112:criminal-justice-reform-act-is-no-alternative-to-broken-windows-policing http://www.gothamgazette.com/?id=6112:criminal-justice-reform-act-is-no-alternative-to-broken-windows-policing  bratton times sq group

NYPD ceremony in Times Square (photo: @CommissBratton)


Monday morning the City Council will begin consideration of a series of bills, called the Criminal Justice Reform Act, which would limit the use of criminal penalties to manage a variety of low level “quality of life” offenses such as public drinking, park code violations, noise, and public urination. City Council Member Vanessa Gibson, chair of the public safety committee, said she hopes these changes will reduce the problem of excessive criminalization in communities of color, a sentiment echoed by Council Member Rory Lancman, chair of the courts committee, on WNYC radio last Friday. Lancman noted that too many areas of the city have experienced overpolicing and overcriminalization.

The Act, being spearheaded by Council Speaker Melissa Mark-Viverito,  already has broad support in the Council and the endorsement of NYPD Commissioner Bill Bratton, and thus, Mayor de Blasio. It's encouraging that political leaders in New York City are exploring ways of reducing the impact of the criminal justice system on communities of color, but this package of reforms is at best a baby step, and at worst, may open the door to more racially discriminatory police actions.

The bills, if passed, would create new civil penalty options for these offences by allowing police to choose between a criminal summons and a civil one when encountering an offender, a choice made based on departmental guidelines. The criminal codes remain on the books per Bratton’s insistence, which he says is necessary so that officers can demand identification, conduct searches, and perform background checks.

With a criminal summons, people must appear in summons court and if they fail to do so a warrant is issued for their arrest. Over a million such arrest warrants are currently on the books, leading to numerous unfortunate encounters with the police, such as being arrested on the way to work or to pick children up from school.

The new civil process, to be administered by the city’s Office of Administrative Trials and Hearings, will be more like traffic court in which people must pay a fine or perform community service, but no warrant will result from failure to comply. Instead, a civil judgement will be issued, which could result in the garnishment of wages or bank accounts, or seizure of property. This might also affect one’s credit rating. None of this will result in incarceration, which is positive, but the penalties can still be substantial, with fines ranging from $25 to $250 for a first offense.

In addition, these financial penalties are likely to fall heaviest on areas where quality-of-life, or broken windows, enforcement is the most widespread, removing resources from already poor communities. While some will escape these penalties through community service programs, many working poor will not.

Vincent Riggins, chair of the public safety committee of Community Board 5 in East New York has actually called for the return of half of all those fines to the local community board to be spent on community development projects. It is a great idea that would reduce the financial incentive that has driven excessive and discriminatory summonsing in places like Ferguson, MO.

Riggins has raised another important point. By leaving these offenses on the books, rather than truly decriminalizing them, the door is left open for the kinds of invasive policing experienced under stop, question, and frisk in recent years. By keeping open alcohol an offense, police will have “reasonable suspicion” to stop anyone drinking a beverage in a bag or unmarked container, potentially leading to exactly the kinds of unwarranted police intrusions that we have worked so hard to reduce. While Bratton rightly touts reductions in police enforcement encounters, racial disparities persist.

Another area of concern is the discretionary nature of the new rules. The NYPD insisted that it would only support the bill if it retained the ability to treat these offences as criminal when officers felt it appropriate. This gives them the ability to demand ID and run people for warrants. But what will determine who gets a civil summons, who gets a criminal one, and who gets run for warrants? There is a real risk that the more punitive practices will become heavily concentrated in exactly those poor, non-white communities that bore the brunt of stop, question, and frisk, and who bear the burden of most criminal summonses and low level arrests now.

Council Member Gibson says that there will be a process of determining policies for guiding officer discretion, and that the City Council is calling for the default to be a civil summons. This outcome, however, is far from assured, since the ultimate decision rests with the NYPD and the officer on the street. Therefore, there is a real risk that the police will perceive the need to take harsher and more invasive action in exactly the same places they do now, with milder penalties reserved for more prosperous parts of the city. If these changes are enacted, this must be monitored closely, something Council Members Jumaane Williams and Mark Levine are proposing through a bill mandating reporting by the NYPD.

Any reduction in the use of criminal penalties is welcome, but this measure retains an adherence to using punitive mechanisms to manage so called quality-of-life problems in keeping with the deeply conservative Broken Windows theory. There is nothing in the bill to develop non-punitive mechanisms for addressing community problems.

As one caller to WNYC pointed out, the current criminal penalties seem to be largely ineffective in reducing the amount of public urination, why should the civil penalties be any more effective? They won’t. The reality is that public bathrooms are largely non-existent in New York City. Other major cities around the world have much more developed amenities in place and have largely avoided this problem. If you don’t want people to pee in public, give them functional and accessible public bathrooms, not a choice between criminal and civil sanctions.

In addition, a lot of quality-of-life problems are driven by pervasive underemployment for youth of color, a lack of positive social activities for young people, and widespread homelessness. While the Mayor and City Council have started to acknowledge the extent of some of these problems, their focus has been primarily on hiring more police and tinkering with what kind of punitive sanctions to use, rather than a major redistribution of resources away from police, courts, and prisons, and towards housing, healthcare, and youth services.

In his book The Silent Black Majority, Michael Fortner shows that the push for criminal justice solutions to community problems was supported by many in poor black communities and my own research on the rise of quality-of-life policing in the ‘90s shows the same thing. But what I also found was that these communities also called for youth centers, improved housing, and better schools, but what they got was only the policing and prisons. It’s time our political leaders quit asking the NYPD for permission to really shift resources away from the criminal justice system and towards improving communities in positive ways.

In Los Angeles, the Youth Justice Coalition has called for redirecting 1% of all criminal justice spending ($100 million) in the county towards youth jobs, community centers, and violence reduction outreach workers. That would be real reform. The Police Reform Organizing Project here in New York is currently exploring a similar initiative on an even broader scale. Crime and disorder matter and need to be addressed, but we must strive to develop affirming rather than punitive solutions whenever possible. If the City Council is serious about reducing the negative impacts of the criminal justice system, it should start by revisiting its decision to expand the NYPD. More police with more discretion is not the answer.

***
Alex S. Vitale is associate professor of sociology at Brooklyn College and author of City of Disorder: How the Quality of Life Campaign Transformed New York Politics. He is senior policy adviser to the Police Reform Organizing Project and serves on the New York State Advisory Committee to the US Civil Rights Commission. You can follow him on Twitter: @avitale

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

]]>
Criminal Justice Reform Act is No Alternative to Broken Windows Policing Sun, 24 Jan 2016 19:01:27 +0000