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Newest Prison Sentences Remind of Limited Movement on Even Agreed Upon Reforms


Heastie Cuomo Flanagan

Albany leaders (photo: The Governor's Office via flickr)


Last week, two former New York State Assembly Democrats were sentenced in federal corruption cases. While the punishment bestowed upon each may warn current lawmakers to toe ethical lines, progress on concrete reforms aimed at curbing the type of behavior that landed William Boyland Jr. and William Scarborough in prison has been slow to materialize.

Boyland Jr., of Brooklyn, received 14 years for taking part in bribery and extortion plots and for defrauding the state of hundreds of thousands of dollars by claiming travel expenses he never incurred. Scarborough, of Queens, was sentenced to 13 months for defrauding the state of at least $40,000 by claiming fraudulent travel expenses. Scarborough pleaded guilty and resigned his seat in May, while Boyland stood trial after refusing a plea deal, and was convicted in March of last year.

"The most powerful message that has been sent to incumbents is that they better be careful because people are actually watching them," said Blair Horner of the New York Public Interest Research Group when asked whether any real action has been taken in Albany to prevent similar cases of corruption.

Regardless of that powerful message, sent by prosecutors, and the many other indictments and convictions of legislators on corruption charges, both houses of the state legislature have yet to make good on ethics reforms agreed to in the Fiscal Year 2016 budget.

Gov. Andrew Cuomo announced in April that both Assembly Speaker Carl Heastie and then-Senate Majority Leader Dean Skelos had agreed to a series of ethics tweaks that included setting new rules for what is required for lawmakers to be reimbursed for their travel and stripping the pensions from public employees who are convicted of felonies. With the legislative session long over, the pension-forfeiture plan is still up in the air, while critics say the per diem requirements set by both houses do little to prevent intentional fraud.

In the 2016 budget - which went into effect April 1, 2015 - the legislature agreed to install an electronic verification system for legislators to prove their presence in the capitol, and according to Cuomo's office, "develop and implement policies to verify attendance at official events and establish standards and limits for reimbursable events."

Assembly Speaker Heastie, a Bronx Democrat who has been one of the top participants in the per diem system, released new regulations for Assembly travel reimbursement this spring, satisfying what had been agreed to in the budget.

In May, Heastie announced new rules for acceptable documentation to prove a member is in Albany when he or she claims per diem expenses. Acceptable forms of documentation now include an electronic recording of a member's vote in committee, session attendance, swiping a machine in the Assembly's Legislative Office Building, EZ Pass documentation, recorded presence at a public hearing, or even dated receipts from hotels and restaurants in the region.

Critics note that the system could easily be gamed by having staffers faking an Assembly member's presence. The system also does nothing to ensure a member is actually doing the people's work while in the area and collecting per diems.

In June, Heastie issued new rules for reimbursement of travel expenses incurred when the legislature is not in session. The rules mandate that legislators seek approval from Heastie's office if they want to be reimbursed for out-of-session trips exceeding 30. Members can receive the full reimbursement rate of $172-a-day for 20 of their 30 allowed trips.

Critics note the rules for out-of-session travel aren't exactly strict. "The overwhelming majority of the members of the Assembly are men and women of integrity and honor and these new rules will reflect our house's commitment to the highest standards of accountability for the public resources entrusted in us," Heastie said in a statement announcing the new rules in June.

Senate Republicans, who control that house, issued a similar set of requirements on June 19. Senate standards for collecting per diems include documenting presence in session, swiping an electronic reader, EZ Pass, train tickets, toll receipts, press clippings or meeting agendas.

"This stuff makes it less likely people will make dumb mistakes," said Horner. "But when you look at those two cases, it seems like Scarborough may have just made some dumb mistakes, while Boyland concocted an elaborate scheme, and these changes won't do anything to stop someone who puts effort into defrauding the state."

Some legislators have been caught using campaign funds to pay for travel and then having the state reimburse them for the same expenses. John Kaehny of good government group Reinvent Albany said that there are fairly straightforward ways to prevent any sort of double-dipping. Kaehny suggests ending reimbursements altogether and simply providing legislators with a per diem expense card. "The card would simply stop working if per diems are exceeded," said Kaehny.

Kaehny said he would also like to see all per diem data sent directly to the Joint Commission on Public Ethics (JCOPE) and format per diem expenditure reports in a way that they could be directly compared to campaign expenses so that double-dipping could be easily identified.

Attorney General Eric Schneiderman, a Democrat, has also advocated ending per diems altogether. "Legislators should be reimbursed for their actual costs of travel. Total reimbursements should be capped. And that should be it," Schneiderman said during a speech in March.

Schneiderman has also called for sweeping campaign finance and ethics reforms, including term-limits for state legislators, and said he is done with small tweaks, though even those seemingly smaller moves seem difficult to get implemented.

Pensions
Senate Republicans acted first on the pension forfeiture measure that was agreed to in the budget. They passed a constitutional amendment that would have stripped the pensions of public employees who commit felonies. Assembly Democrats did not act in kind. Facing pressure from unions and some elected officials, the Assembly stalled and then eventually introduced an amended bill that strictly defines which public and appointed officials could have their pensions stripped.

Republicans balked at the Assembly version and both houses left town with no resolution to the issue.

Assembly Minority Leader Brian Kolb railed against the Assembly Majority's stance on the pension-forfeiture bill during last session. He has long-advocated a host of reforms that are unlikely to see the light of day in the Assembly.

"With two former Assemblymen headed to prison, we are reminded that Albany's corruption problem isn't going to fix itself," Kolb said in a statement to Gotham Gazette. "Assembly Republicans have pushed for pension forfeitures, term limits for leadership positions, a new independent public ethics committee – but our efforts have been blocked by Democrats each time. In March, Assembly Democrats walked away from an agreed-upon pension forfeiture bill, and came back in the last days of session with a weaker version they knew would never become law. Their actions demonstrate a lack of courage and complete refusal to address the corruption issue. The allegiance to the status quo is what prevents real reform from taking place at the Capitol."

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

Inmate Bill of Rights Among New Wave of Rikers Reforms


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Mayor de Blasio at Rikers Island (photo: Mayor's Office)


The New York City Council passed eight bills last week in an effort to mandate greater transparency into and oversight of the Department of Correction and to reduce violence within the city's jails. All are expected to soon be signed into law by Mayor Bill de Blasio, with the package part of ongoing reforms aimed at changing the culture at Rikers Island and other jail facilities run by the city.

One of the bills (Intro 784-A) creates an inmate Bill of Rights and Code of Conduct and mandates rules for ensuring that it is presented to prisoners.

The bill would require the DOC to inform all incoming inmates of their rights and responsibilities under the DOC rules of conduct in plain and simple language. The bill also requires inmates' rights and code of conduct to be communicated orally to the inmates in their primary language. Currently, upon intake all inmates are given a rulebook, which explains the regulations they are expected to adhere to.

Yet, with so many regulations listed in the dense rulebook, many inmates have failed to understand just what rules they are expected to follow behind bars, and many remain unaware of their rights as prisoners, especially since a significant number of inmates on Rikers are illiterate. There are also often language barriers if inmates primarily speak a language other than English.

The bill aims to "clear the lines of communication between inmates and staff," Council Member Elizabeth Crowley, the bill's prime sponsor, said last week at the meeting of the Committee on Fire and Criminal Justice Services that saw the bills passed before they were then moved through the full Council.

The inmate bill of rights will "communicate their rights to services, such as visitation and medical care," Crowley said at City Hall on Thursday. "It is critical that all individuals are aware of these rights."

"Carlos Mercado died while in our city jails because of a diabetes-related complication, and because of simple neglect," Crowley continued, referring to the recent death of a Rikers Island inmate whose repeated pleas for medical assistance were ignored by correction officers over a 14-hour period. The new rules appear meant not only to make sure that inmates know their rights and expected conduct, but also to remind correction officers of what they must provide inmates.

Seymour James, Jr., the Attorney-in-Charge of the Criminal Practice of The Legal Aid Society, worked closely with the City Council to develop the legislation. James Jr. said that he believes the eight bills passed last week "will go a long way to address some of the problems," but added, "Aside from these bills, there needs to be greater oversight and discipline of the correctional officers. There's a pending lawsuit which is awaiting approval for the court which will attempt to address some of the problems."

On the other hand, the president of the Correction Officers' Benevolent Association, Norman Seabrook, called the move for greater transparency a "welcome development," but added, "this package of legislation completely ignores the needs of our heroic correction officers."

Though 784-A does not alter the rules that have already been established for prisoners, the change in the methods of communicating those rules (and rights) to inmates seeks to curb violence and mistreatment within Rikers by ensuring that all inmates (and guards) are well-informed.

The bill mandates that prisoners are given information about their rights "under federal, state, and local laws, and the board of correction minimum standards" on topics such as "personal hygiene, recreation, religion, access to legal services, visitation, telephone calls and other correspondence, media access, due process in any disciplinary proceedings, medical care, safety from violence, and the grievance system."

The plain-language document provided inmates will also have to include "a description of educational, vocational development, drug and alcohol treatment, counseling and other related services available to inmates." DOC will be required to post the documentation "on the department's website." The bill also mandates that each inmate receives a copy of "Connections," the resource-filled guide to reentry.

Other bills passed last week are specifically intended to increase Department of Correction transparency by mandating that the city makes far more information publically available, including: demographic breakdowns of inmates; the rules regarding the use of force by staff on inmates; the number of inmates on a waiting list for a segregated housing unit; the bail amounts set for inmates; how long inmates are incarcerated pretrial; the number of visits inmates in city jails receive; and the number of grievances filed by inmates, the status of grievances, and the resolution or dismissal of grievances.

"There has been a lack of transparency and that goes back a long time," City Council Speaker Melissa Mark-Viverito said at a press conference last Thursday. "The majority of inmates in our jails, in fact, have not been convicted of any crime and are still awaiting their day in court."

"It is our moral obligation to ensure people in our jails are treated decently and humanely," Mark-Viverito continued. "These bills will mandate greater transparency regarding conditions in our city jails so the nature and extent of problems can be more readily assessed and addressed."

Transparency alone will not necessarily reduce violence or protect inmates rights' within the city's jails, Alex Vitale, associate professor of sociology at Brooklyn College and senior policy adviser to the Police Reform Organizing Project, points out. Vitale told Gotham Gazette that "rights are only as good as the enforcement mechanisms in place to ensure them."

"So it seems to me that it's not likely to be a very fruitful strategy for reducing abuses. The existing Board of Correction already has the authority to guarantee these rights, and to enforce them, but almost never does so," Vitale elaborated. "So, in my mind, if you want to really improve the situation at Rikers you need to do two things: reduce the population and get the BOC to be a robust oversight agency."

The move to mandate greater transparency is still a "positive development," Vitale said, since the bills "hold out the possibility of giving advocates additional tools to push for meaningful reforms."

Martin Horn, executive director of the New York State Sentencing Commission, expressed a similar point of view, "I'm a big believer in transparency. Increased transparency is always a good thing. The test will come when we see what they do with the data."

Although Crowley maintained that the "grouping of bills emphasizes the Council's desire to curb violence on Rikers Island by addressing inmates' as well as staff's needs," the head of the correction officers' union does not share the same view.

"We need to do much more to achieve real reform for inmates as well as the hard-working correction officers who are still treated like second-class citizens by a Department of Correction that doesn't seem to care about them," Seabrook said in a statement.

The new package of Council bills comes as Mayor de Blasio and DOC Commissioner Joe Ponte continue to make changes at Rikers, including to limit the use of solitary confinement. There are also new proposed rules around visitation to Rikers inmates that have drawn criticism from advocates and family members of incarcerated individuals.

Greater transparency about the conditions on Rikers Island and increased protection of inmates' rights are desperately needed, as U.S. Attorney Preet Bharara's 2014 investigation into the conditions on Rikers Island found there to be "rampant use of unnecessary and excessive force by New York City Department of Correction staff," and that the "inadequate reporting by staff of the use of force, including false reporting" contributed to the "excessive and unnecessary use of force by DOC staff."

At City Hall on Thursday, Council Member Dan Garodnick, who sponsored three of the eight bills that were passed, called attention to the fact that "conditions have deteriorated to the point where the United States government is now suing the New York City Department of Correction in order to enforce change. It should never have come to that."

Garodnick and other Council members have noted that it is the Council's responsibility to perform oversight of city agencies and in doing so, they must have more data at their fingertips. Ideally, the increased availability of information will make the situation in New York City jails much clearer, ultimately making it easier for advocates and policymakers to enact meaningful reform to alleviate some of the problems that plague the jails system - including violence that hurts both inmates and officers.

"We believe that if they have to report on the problems that are in existence, then there will be pressure on them to reduce the problems and limit them," James Jr. of Legal Aid Society told Gotham Gazette. "If in fact there are long waits for people to get into housing, if there are problems with visitation, if they have to report on it, it's an incentive for them to correct the problem."

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by Meg O'Connor, Gotham Gazette
@megoconnor13

The Week That Was in New York Politics, September 14-18


week in review bus readers

photo: Stanley Kubrick via Museum of the City of New York


Gotham Gazette's Week in Review, Friday 

PHOTOS OF THE WEEK: Mayor de Blasio delivers an education speech, via The Mayor's Office on flickr; NYPD Commissioner Bratton is briefed as the city prepares for the Pope's visit next week, via NYPD; the Mayor's administration faced off with the City Council in softball, via John Kenny

BdB edu speech

bratton briefing

bdb mmv softball

TOP FIVE STORIES OF THE WEEK:

1. De Blasio Education Announcement: The mayor gave an "Equity and Excellence" education speech Wednesday, outlining a wide-ranging education policy plan that will commit about $186 million per year to enhance the performance and readiness of the city's students. Key elements include expanding computer science and advanced placement courses and adding reading specialists. The pieces will work in conjunction with previously announced de Blasio education initiatives including pre-kindergarten and community schools.

2. Cuomo Commits $ to Hudson Rail Tunnel: New York Governor Andrew Cuomo and New Jersey Governor Chris Christie sent a letter to President Obama offering to fund half of the Hudson River rail tunnel project if the federal government pledges to pay for the other half. The project could cost up to $20 billion and has been the source of tension between federal and local officials.

3. Crackdown on K2: On Wednesday, authorities announced that they had dismantled an international ring responsible for manufacturing and distributing synthetic marijuana, known as K2 or spice, which drug officials say has caused a public-health crisis. The mayor has designed a multi-agency strategy to combat the proliferation of K2 and several bills have been introduced into the City Council.

4. Papal Visit, UN General Assembly Create Security Challenge: Pope Francis' visit next week coincides with the annual U.N. General Assembly, which will bring 170 world leaders to the city, creating what Police Commissioner William Bratton called "the largest security challenge the department and this city have ever faced." Federal and city agencies are preparing for the security and transit logistics.

5. Bharara Investigates Cuomo's Buffalo Billion: U.S. Attorney Preet Bharara is reportedly investigating Gov. Cuomo's controversial Buffalo Billion revitalization project, according to The New York Post. The investigation focuses on the multimillion-dollar contracts awarded to build facilities for high-tech, drug-development, and clean-energy businesses.

THIS WEEK'S NUMBERS:

  • $60 billion was spent on education in the 2013-14 school year in New York State, averaging $21,812 for each of the state’s 3 million students.
  • Up to $20 million in federal funds will be given to New York City as part of a pilot program to decrease traffic injuries. As many as 10,000 vehicles will be fitted with smart devices designed to reduce traffic injuries, congestion, and pollution by 2017, and traffic lights will also be set up to beam information.
  • 20.9% is New York City's poverty rate, according data released by the Census Bureau on Wednesday, meaning that the poverty rate has not lowered at all since last year.

THE GLORY AND THE GOAT:

  • It was a good week for Columbia Law School Professor Tim Wu, who joined Attorney General Eric Schneiderman's office while he is on sabbatical. Wu, who coined the phrase "net neutrality," will serve as a senior lawyer and special adviser to Schneiderman focusing on technology and the law. Wu was a candidate for Lieutenant Governor in 2014.
  • It was a bad week for former Assemblymember Bill Scarborough, a Democrat, who was sentenced to 13 months in prison and two years of supervised release after he pleaded guilty to state and federal corruption charges.

THE FLASH:

  • Around this time 95 years ago, on September 16, 1920, Wall Street was hit by a bomb blast outside the headquarters of J.P. Morgan. The blast killed several dozen people and injured hundreds more. Authorities believed it was the work of anarchists, but the bombers were never found.
  • Around this time 23 years ago, on September 16, 1992, thousands of off-duty police officers stormed City Hall to protest Mayor David Dinkins' support for an all-civilian police complaint review board.
  • Around this time 4 years ago, on September 17, 2011, a demonstration calling itself "Occupy Wall Street" began in New York.

GOTHAM GAZETTE HIGHLIGHTS OF THE WEEK:

Cautious Optimism Ahead of Hearing on Citywide Ferry System, by Christian Zhang

Rumored Scheme Brings Scrutiny to Bronx Political Machine, by David Howard King

Did Bill De Blasio's Tirade Help Andrew Cuomo Get His Groove Back? by David Howard King

How To Become A New York City Council Member, by Catie Edmondson

MORE FOR THE WEEKEND:

  • Gotham Gazette's David King appeared on The Capitol Connection to discuss the latest with Governor Cuomo and more.
  • The Economist looks at how Mayor de Blasio is "doin'."
  • New Quinnipiace poll results show how New Yorkers are feeling about their elected officials and more.

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NOTE TO READERS: we hope you enjoy this new Gotham Gazette weekly feature - please share it if you do; on Twitter, use our handle @GothamGazette.

If you have feedback on this feature for us, you can email editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.

Watch Sunday evening for our latest Week Ahead in New York Politics, which gives you a preview of key issues and events to be aware of for the week about to start. In the meantime, catch up on the latest original reporting from Gotham Gazette here. And have a great weekend!

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by Meg O'Connor and Ben Max

Cautious Optimism Ahead of Hearing on Citywide Ferry Plan


ferry DOT

(images: NYC DOT/EDC)


Mayor Bill de Blasio's proposed expansion of the city's ferry system, announced in February, appears to be one of the least politically controversial initiatives of his term. Ahead of a City Council hearing on the topic scheduled for Monday, no Council member has publicly opposed the plan, while some have loudly praised it.

But this support comes despite concerns from transit advocates that ferries may not be the most cost-effective form of transportation for New Yorkers and that other investments in buses or bike lanes should not be overlooked. Meanwhile, others like Staten Island Borough President James Oddo want the system expanded further.

The five planned ferry routes, connecting 21 locations in the Bronx, Brooklyn, Manhattan, and Queens, will be rolled out in two phases in 2017 and 2018, according to the city's Economic Development Corporation (EDC). A sixth route to Staten Island is "proposed" but not part of the two phases or included in cost estimates. De Blasio said in February that rides would cost $2.75—the same as a subway or bus swipe, though MetroCards won't be accepted for payment—and that the system would bring residents of far-flung waterfront neighborhoods "closer to the opportunities they need."

"Beyond connecting residents to jobs in Manhattan, our new citywide ferry system will spur the development of new commercial corridors throughout the outer boroughs," de Blasio said during his State of the City speech.

One reason why the ferry plan is uncontroversial may be its relatively small size: its estimated 4.6 million riders per year by 2018 is less than the subway's average daily weekday ridership of nearly 5.6 million in 2014 (with 1.75 billion subway rides for the year). The boats' estimated $55 million price tag and $10 to $20 million annual operating subsidies are also a fraction of the city's $78.5 billion budget for the 2016 fiscal year.

"Because it's cheap, politicians can say they're pro-transit," Nicole Gelinas, a fellow at the Manhattan Institute think tank, said. "I think the bigger danger is neglecting other transit."

Few Concerns
Council members interviewed by Gotham Gazette were all supportive of the plan, which they say will provide a convenient mode of transportation in neighborhoods poorly served by subways.

"We are in a city with an existing transportation infrastructure that is at capacity...So we need additional alternatives," Council Member Jimmy Van Bramer of Queens said. His district includes Long Island City, which has seen tremendous residential development in recent years and will be served by one of the new stops.

At Monday's Council hearing, Van Bramer said he wants to "get a timeline on just when we can expect the landings to be sited, and when we can start service."

Council Member Ben Kallos of Manhattan's Upper East Side and Roosevelt Island said making sure the three stations planned for his district are moving forward is a "high priority."

The few concerns expressed about the current plan are oriented around the locations of landings. Residents at a recent community meeting in Long Island City were divided over where the neighborhood's stop should be: at Center Boulevard, close to waterfront high-rises, or at 44th Drive, less pedestrian-friendly but also less disruptive for a nearby boathouse.

Council Member Carlos Menchaca of Brooklyn said EDC should try to offer solutions to siting concerns as it implements the project. Menchaca represents the busy waterway neighborhood of Red Hook.

Ydanis Rodriguez, Council member for Washington Heights and Inwood and chair of the City Council transportation committee, said that he is looking forward to hearing more details about the plan from EDC—as well as promoting his own proposal for a ferry route along the west side of Manhattan.

"I believe ferries play an important role when it comes to identifying different modes of transportation," Rodriguez said in an interview with the Gotham Gazette. "I hope that in the near future, all the areas not included in the present plan will be included." Rodriguez will co-chair Monday's Council oversight hearing, dubbed "Evaluating the Plan for a Citywide Ferry System" on the Council website.

Staten Island Borough President James Oddo is also aboard the ferry plan, even though the first two phases of the plan will not reach his island and a sixth route has only been proposed for Stapleton, near the Staten Island Ferry's St. George terminal. Oddo said he's working to see if some sort of public or private service can one day reach other parts of the island.

"To me, it [ferries] doesn't take a great deal of capital investment in our borough," he said. "It's the quickest avenue Staten Islanders have to getting some help to their commutes."

Traffic engineer and former traffic commissioner "Gridlock" Sam Schwartz said that some of the issues he wants discussed at the Council include more details on expected ferry ridership, operating costs and fares, and integration with other forms of transit.

"I think it would be a mistake not to have as robust a ferry system as possible...as well as improving transit, bus, and rail," Schwartz told Gotham Gazette.

Cost and Control
Gelinas, of the Manhattan Institute, says an important question Council members should ask is how heavily the city should subsidize the ferry routes—especially if Mayor de Blasio sticks to his promise that each ride will cost the same as a MetroCard swipe.

"It really has to come down to a cost-benefit analysis of how many New Yorkers will benefit at what cost," Paul Steely White, executive director of Transportation Alternatives, said. "Ferries are a great option, but it's an option that should only be considered after rail and bus options have become untenable." White's group advocates for expanding bike lanes and mass transit projects like Select Bus Service, or express bus lines.

A 2011 EDC study showed a subsidy-per-trip of $5.95 for the fare-free Staten Island Ferry and $21.22 for a pilot Rockaway ferry service launched in 2008.

"Some subsidy is reasonable," Gelinas said. "It will also depend on how much development we get [along the waterfront]...The more people you have, the lower the subsidy."

Manhattan Council Member Dan Garodnick, who will also co-chair Monday's meeting, said that officials from EDC will have to answer questions about the status of the project, costs, community input, and integration with the rest of the city's transit system. He said he wants riders to be able to use MetroCards for boat fares—something EDC has ruled out, saying the 23-year-old card will be soon phased out.

"Many of us are extremely enthusiastic about growing our ferry system," Garodnick said. "At the same time, we want to understand its cost and long-term viability."

Other Council members were more optimistic about ferry finances.

"This is another piece to the puzzle," Kallos said. "Despite initially low projected ridership, when you are speaking about the infrastructure we're building, and the cost of it...This is providing a lot more service to four or five boroughs, and it's improving people's commutes."

EDC representatives are expected to testify Monday and say that the plans for the ferry system are on track. The agency is currently reviewing responses to a request for proposals for a ferry operator and plans to integrate the East River Ferry operator into the new larger ferry system. Officials point to the successes of the East River Ferry as they imagine expansion of ferry service.

Rodriguez said that ferries are also particularly effective when natural disasters hit—a route between Manhattan and the Rockaways was established within days after Hurricane Sandy knocked out subway service to the neighborhood in 2012. He and Kallos also pointed that the ferry system would be completely under the city's control—unlike the MTA, which is state-run.

"Investing in our waterfronts and our ferry system is a way for our city to have strong accountability and control over our infrastructure," Kallos said.

Gelinas and White said that there are ways for the city to invest in transit without relying on the state. The 7 train's new 34th Street-Hudson Yards station, for example, was funded primarily by city tax bonds.

proposed ferry network

Waves Ahead?
Schwartz said political opposition to ferries may emerge as waterfront dwellers start to complain about the noise and pollution boats generate. Residents of Battery Park City have long complained about ferry horns in the early morning hours—required by Coast Guard regulations.

Noise was one of several concerns expressed by Long Island City residents at a recent community meeting on the ferry plan. But even there, most speakers said they want even more ferries to more destinations, not fewer.

With the current plan, "you're only serving part of the community," resident Rebecca Olinger said. "I think it's foolish to put something in that serves such a small part of the neighborhood."

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by Christian Zhang, Gotham Gazette
@ChristiZhang

Rumored Scheme Brings Scrutiny to Bronx Political Machine


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Diaz Jr., Heastie, Crespo (l-r) (photo: @rubendiazjr)


By all reasonable indicators, Bronx District Attorney Robert Johnson should cruise to reelection this November despite his low conviction rate, notoriously slow pace in filing charges, and apparent lack of serious fundraising. But many are watching closely to see if Johnson drops off the ballot this month and makes himself eligible to be appointed to a judgeship--thereby allowing the Bronx County Democrats to name his replacement.

As rumors and suspicions swirl, the notion of Johnson and other longtime Bronx party leaders manipulating the electoral system to their advantage comes as little surprise to those who've seen the Bronx machine at work. But, with powerful Bronx elected officials newly more prominent, the risks of such machinations are greater than in the past.

District Attorney Johnson has been in a unique situation for decades. Thanks to the support of the Bronx County Democratic Party, he has faced few serious political challenges since taking office in 1989 and is running this year on the Democratic, Conservative, and Republican ballot lines.

Bronx insiders are convinced that Bronx County Democratic Chair Marcos Crespo and Assembly Speaker Carl Heastie (Crespo's predecessor as county chair) have decided to appoint Johnson to a judgeship and then replace him on the ticket with one of their allies, thereby subverting the democratic process.

The technique that could be used to replace Johnson isn't unique; it has been used time and time again across the city to, basically, gift seats to party-friendly candidates. The Bronx has long been a haven for the workings of the County Democratic machine, but with Heastie's ascent to one of the post powerful positions in the state and Bronx Borough President Ruben Diaz Jr.'s rising profile, it appears it will be much more difficult to pull off such maneuvers without paying a price.

Actions in the Bronx are now linked to the larger political aspirations of these rising stars and they've earned the attention of good government groups and media outside the borough.

What is particularly concerning to reformers inside and outside of government is that Crespo, Heastie, and Diaz would essentially be appointing the person who is, in part, supposed to police their actions. Johnson's record on corruption busting is suspicious to many. He has pursued cases against former Assemblymember Nelson Castro and former Senator Pedro Espada, but at the time both men were out of the county party's good graces. In fact, they were known for causing Bronx Democrats nasty headaches.

With Heastie, who this year replaced the indicted Sheldon Silver as speaker, pledging transparency and reform in the Assembly, some observers wonder if he isn't trying to avoid future embarrassment by being directly responsible for appointing the new district attorney.

"The bottom line is that it is always nice to have your derriere covered by a prosecutor that owes you their job," said Douglas Muzzio, professor of political science at Baruch College.

Johnson's office has refused to comment for this story. Heastie has told other reporters that he gave up decision-making abilities as the chair of the Bronx County Democrats when he became Assembly speaker. And Assemblymember Crespo has avoided responding to queries from numerous outlets, including Gotham Gazette.

It stands to reason that Bronx Borough president Ruben Diaz, Jr., who would also have a say in the matter given his relationship with Heastie and his quest to run, eventually, for mayor. Diaz Jr.'s office also ignored requests for comment.

The scenario has been further complicated by Assemblymember Luis Sepulveda, who has made it no secret that he is interested the district attorney position. Sepulveda is said to have informed Johnson he would be challenging him down the road, even while helping him collect petitions for his reelection this summer.

Bob Kappstatter, a prolific Bronx journalist who currently works as a political consultant and counts Sepulveda as a client, took to Facebook to decry the behind-the-scenes machinations that may be afoot.

"We can count on one hand how many Bronx politicians Rob Johnson has gone after, with most of those being County's enemies. Meanwhile the feds have vacuumed the borough ALMOST clean," Kappstatter wrote on Facebook. "Carl [Heastie], whom we hear didn't expect all this heat from the media and good government groups, has dumped the deal in the lap of new County Leader Marcos Crespo, an honest, decent guy who will have to take the heat if it goes through. Marcos is already looking like Heastie's puppet, diminishing his power among the city's four other Dem county leaders while Carl still pulls County's strings."

Sepulveda's interest in the DA position has angered the Bronx County Democrats. Earlier this month the Daily News ran a story detailing how Sepulveda's estranged wife sought an order of protection from him earlier this summer. Both Luis and his wife told the Daily News that she withdrew the request. Insiders see it as retaliation from County for his interest in Johnson's job.

Exposing any deal among Johnson and other officials could benefit Sepulveda, because outside pressure might lead to Johnson stepping down after the election rather than before.

The process Bronx County Democrats could use to replace Johnson is particularly effective because Democratic enrollment in the borough greatly eclipses that of all other parties.

Democratic voters decide the election during the September primary, with the November election essentially being a formality - not that Johnson was challenged in the primary. If Johnson steps down before Election Day, his county-picked replacement would move into office with all the benefits of incumbency and the backing of the establishment. Any future primary challenger would face a well-known, well-financed incumbent who hadn't actually been elected by a significant number of voters.

"This is a fairly common practice in New York politics," said Gerald Benjamin, professor of political science at SUNY New Paltz. "It is anti-competitive and it allows the newly appointed incumbent to use that incumbency to defeat their next challenger."

"As a general principle of government, it stinks," said Gene Russianoff of The New York Public Interest Research Group. "The primary election process might not be perfect but at least it offers hope. Forgoing it is a thumb in the eye to voters."

Johnson would have to submit a letter to the Board of Elections asking to be removed from the ballot by Monday, September 21.

If Johnson resigns after he is elected in November, Gov. Andrew Cuomo could name an interim district attorney and would eventually set a date for a special election. This would likely allow Sepulveda and other hopefuls a chance to actually vie for the seat.

Professor Benjamin said that voters should be especially concerned about the machinations involved in Johnson's possible replacement and appointment to a judgeship given what The New York Times described as "an unusual string of legal lapses" that allowed Heastie to keep a home his mother purchased with embezzled funds.

Heastie agreed to sell the house as part of a deal that allowed Heastie's mother to avoid jail time. His mother died three weeks after being sentenced and Heastie stopped trying to sell the home. He sold it six years later at a profit of $200,000.

"Carelessness of those involved in the case could be to blame, or something more questionable could have occurred, given the Bronx Democratic Party's influence on the court system and its long history of back-room deal-making," wrote the Times.

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

Did Bill De Blasio's Tirade Help Andrew Cuomo Get His Groove Back?


Cuomo labor day parade

Gov. Cuomo at the Labor Day parade (photo: The Governor's Office via flickr)


On Thursday Governor Andrew Cuomo, joined by Vice President Joe Biden, held a rally to announce a campaign to make New York the first state in the nation with a $15-per-hour minimum wage.

"So Mr. Vice President, today I announce that I will propose to the New York state legislature not just $15 for fast-food workers, because a fast-food worker deserves $15 an hour, construction workers deserve $15 an hour, and home healthcare aides deserve $15 an hour, and taxi-cab drivers deserve $15 an hour, and every working man and woman in the State of New York deserves $15 an hour as a minimum wage - and we are not going to stop until we get it done!" Cuomo said, his voice rising.

It was a triumphant moment for the governor, and for unions and progressive groups who have worked for the last year to get Cuomo on board with a $15 hourly minimum wage. It is being called a major about-face by many watchers, including some who note that Cuomo now supports a policy his rival, Mayor Bill de Blasio, has been pushing for quite some time and that Cuomo had previously dismissed.

The move, along with other recent Cuomo plays, is in striking contrast to the Cuomo of last spring, who some confidants and legislators describe as aimless, distracted, and maybe a little bit bored.

Now, though, any such perception has dissipated, perhaps in large part thanks to de Blasio's exasperated June tirade against the governor, which came at the end of this year's legislative session. Harsh, damning words from the mayor may have been the challenge Cuomo needed in order to reinvigorate.

De Blasio pulled no punches, boldly saying Cuomo had made promises he didn't intend to keep, is vindictive, and backed policies that were harmful to New York City. "And what I believe here is the governor worked with the Senate in some cases to inhibit the work of the Assembly, to inhibit the agenda that New York City put forward," de Blasio told NY1 anchor Errol Louis in a June interview, before sitting down with City Hall reporters to reiterate his message.

Cuomo had used de Blasio as a punching bag for months before de Blasio's explosion, even apparently giving publications blind quotes attacking the mayor. But with the feud spilling out into the open, observers say Cuomo was freed in a way, even given a gift--a political opponent to war with in the open.

The mayor's declaration of war was something pundits and sources close to the Cuomo administration say the governor desperately needed. "The governor is at his best when he has someone to duel in the political arena," one Albany insider told Gotham Gazette. "It is also when he is apt to make mistakes, but he comes alive when he is going for the kill."

For some Democrats, de Blasio's tirade was a breath of fresh air - someone, they said, had finally called out the bully. Others, including members of the Cuomo administration saw it much differently. They heard it as the younger brother finally crying "Uncle!" because he had no other means of retaliation.

Sources within the Cuomo administration say they saw de Blasio's "tantrum" as an admission that he had failed at moving his agenda and was giving up any hope of future success in Albany. That appears to have left an opening for Cuomo to reassert himself on progressive issues - like minimum wage - that de Blasio has staked out.

Not very long ago, Cuomo was advocating a plan that would eventually raise the minimum wage to $11.50 in New York City and $10.50 elsewhere in the state. He appeared to scoff at the Assembly's proposal that would have raised the minimum wage across the state to $15 by the end of 2018. "God bless them — shoot for the stars," Cuomo said, dismissively, in March at a stop in Rochester. The governor has repeatedly cited the Republican-controlled state Senate as a place where such progressive proposals go to die.

If Cuomo had made a major announcement on a $15 minimum wage a year ago, it would have appeared as though he had been dragged to the position kicking and screaming by The Working Families Party and de Blasio, who brokered a deal between the two to prevent a WFP-backed primary challenge to Cuomo in the 2014 gubernatorial race.

At the time, Cuomo appeared to agree to back the mayor's proposal to allow the city to raise its minimum wage up to 30 percent higher than the state's (as well as other WFP-backed policies and a Democratic takeover of the state Senate). But this year Cuomo presented his own plan, which did not include giving the city a say over its wage, and was still short of what activists on the left were calling for.

But now, Cuomo has swooped in to champion the $15 wage, albeit on an extended phase-in timeline that would implement $15 per hour in New York City at the end of 2018 and state-wide in the middle of 2021.

Cuomo is notorious for refusing to move on proposals that he won't receive absolute credit for enacting into law. With de Blasio all but slain in Albany after a rough 2015 legislative session, Cuomo was freed to move on minimum wage and other progressive initiatives, knowing he could charge in and pick up the baton that he had knocked out of de Blasio's hands.

Meanwhile, Cuomo enjoys the benefits of being de Blasio's enemy, which boosts his standing with conservatives and moderates (and even some liberals) across the state. Cuomo's favorability ratings dropped to all-time lows this summer, but de Blasio's poll numbers are even lower.

"I'm not buying de Blasio gave him an overarching focus, because clearly the governor used the mayor for a punching bag from the very beginning of the administration, whether it be on the millionaire's tax or charter schools," said Doug Muzzio, professor of political science at Baruch College. "It certainly did exacerbate the relationship and gave Cuomo the opportunity to strike out at a perceived tormentor."

Cuomo and de Blasio have appeared to go out of their way to avoid each other at public events, though they did speak in person at a September 11th commemoration on Friday. Cuomo has either not invited the mayor to several, like his recent solidarity mission to Puerto Rico, or de Blasio has not appeared interested in attending, like for the governor's announcement of a new LaGuardia Airport.

Cuomo has appeared to jab at de Blasio when reporters ask why the two are not meeting at events, which have included several parades. He's also made efforts to strengthen relationships with sometime de Blasio antagonists like Comptroller Scott Stringer and Bronx Borough President Ruben Diaz Jr., and de Blasio ally City Council Speaker Melissa Mark-Viverito.

Last Thursday, Cuomo was honored as "Man of the Year" by the city's largest police union, which is headed by de Blasio nemesis Patrick Lynch. "You deserve to be paid for the job you do," Cuomo told the officers, hinting at their dispute with the city over pay raises. Someone in the back of the room shouted back: "Tell de Blasio!"

Cuomo's feud with de Blasio appears to be helping insulate him from backlash he has faced from police unions for signing an executive order giving the Attorney General the ability to act as special prosecutor in cases where police kill unarmed civilians.

"De Blasio has served as a foil for the governor with some groups," said Muzzio. "This conflict certainly enhances his influence with certain interests, especially with the Republican-controlled Senate."

Cuomo's moves on progressive issues may risk some of his goodwill with Republicans, but nevertheless, the governor has shown a renewed sense of urgency. It is energy that Cuomo has also been putting into efforts not easily labeled as progressive, such as Upstate economic development.

Pundits say they feel the Cuomo of the past few months is a stark contrast to the Cuomo of this legislative session, who shied away from public and media appearances for weeks at a time.

It's fairly easy to see why Cuomo may have been off his game.

His reelection bid was complicated by rebellious progressives and unions who felt Cuomo had delivered more on conservative causes than on Democratic ones. The governor was also reeling from the backlash he faced from shuttering the Moreland Commission. His campaign strategy to ignore his Republican opponent, Rob Astorino, might have been more effective if Fordham professor Zephyr Teachout hadn't joined the Democratic primary. Her campaign quickly made Cuomo appear detached from voters, and at times exposed his tendencies as a bully.

Cuomo moved from a closer-than-expected election to face the death of his father, former Gov. Mario Cuomo, and the federal indictments of then-Assembly Speaker Sheldon Silver and then-Senate Majority Leader Dean Skelos. He appeared ready to end the legislative session early after securing a number of education reforms that were fought tooth-and-nail by teachers unions (and opposed by de Blasio). But the pressure mounted on the governor to deliver deals on rent regulations, mayoral control of New York City schools, and other big-ticket items, all while the legislature remained in turmoil thanks to their leadership crises.

Virtually all of the deals reached were less than desired as far as de Blasio was concerned, with the one-year extension of mayoral control of schools an especially bitter pill - and perhaps the final nudge over the edge.

With session over and his legislative opponents out of town, Cuomo leaped into action, issuing an executive order to create a special prosecutor for police killings. This not only ingratiated Cuomo to many on his left, but also brought one of his main rivals - and a natural de Blasio ally - AG Eric Schneiderman, closer to Cuomo's hip.

A flurry of executive activity was capped off by the finding of his fast food wage board that workers in the industry should be paid a $15-an-hour minimum wage. Cuomo was lauded by union leaders and progressive elected officials; his achievements made for evidence in the effort to disprove de Blasio's accusations that the governor was hamstringing the progressive agenda.

And, they allowed the governor to demonstrate one of his favorite points: that he gets things done regardless of political ideology.

On Thursday, de Blasio's office quickly shot out a statement praising Cuomo's decision to advocate a $15 minimum wage but laced with language highlighting that Cuomo is late to the party the mayor's been leading.

"Nothing would do more to lift New Yorkers out of poverty and move our economy forward than raising the wage...We welcome the Governor's support for a $15 minimum wage – and New York City stands ready to help make it a reality," de Blasio's statement reads. "We have been doing all we can here in the city: affordable housing, Pre-K for All, increasing and expanding the living wage, and much more. But combating income inequality requires bold action on all levels of government. I urge Albany to act quickly."

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

The Week That Was in New York Politics, September 7-11


week in review bus readers

photo: Stanley Kubrick via Museum of the City of New York


Gotham Gazette's Week in Review, Friday September 11

PHOTOS OF THE WEEK: NYPD Commissioner Bill Bratton surveys Times Square, via @CommissBratton; Mayor de Blasio & First Lady McCray greet a family on the first day of school, via @NYCMayorsOffice; and a 9/11 rememberance, via Ben Max

bratton times sq

BdB greets prek

Engine 7 911

TOP FOUR STORIES OF THE WEEK:

1. Primary Election Results: It was a rare Thursday election day and a year with lower-profile races on the ballot and thus even lower voter turnout, but there were still ballots being cast. In one of the higher-profile races, Barry Grodenchik emerged from a crowded Democratic primary in a Queens City Council race to fill a seat vacated by Mark Weprin, who left to work for Gov. Cuomo (Grodenchik is heavily favored to also win the November general). Read about other results around the state here, via Politico NY. And, read our look at the many voting opportunities for New Yorkers in 2015 and 2016.

2. De Blasio Celebrates Expanded Pre-K: Mayor Bill de Blasio went on a five-borough school tour Wednesday to celebrate the first day of the 2015-2016 academic year and the initial success of his universal pre-kindergarten program, now enrolling more than 65,500 children. If there is one thing that de Blasio promised on the 2013 campaign trail, it was "UPK," as it is often called, and in a short time he has devoted unseen resources to increase the number of New York City four-year-olds in school - up from about 20,000 full-day pre-K students in 2013-2014. De Blasio also defended his larger education agenda Wednesday and previewed the argument he'll make for another extension of mayoral control of city schools.

3. Cuomo Pushes $15/hr Minimum Wage: On Thursday, Governor Cuomo called for an across-the-board increase in the minimum wage to an eventual $15 per hour for all workers in New York State. He'll seek passage of a phased-in increase during the next legislative session in Albany, but is sure to face fierce Republican opposition.

4. Cuomo Announces New York Aid for Puerto Rico: On Tuesday, Governor Cuomo concluded a brief "solidarity mission" to Puerto Rico with a promise to offer advice, technical assistance, and other aid to the island territory facing some $72 billion in debt. In part, though, Cuomo is calling on the federal government to help Puerto Rico through a restructuring of its debt and systems.

THIS WEEK'S NUMBERS:

  • 50 first days of school as an educator for city schools Chancellor Carmen Fariña as of this week's opening day.
  • 45% of excessive force allegations made against police were substantiated with video evidence in the first six months of 2015 – as opposed to 34% in 2014, according to the CCRB’s semiannual report.
  • About 500 units of affordable housing to be built on public land at NYCHA developments in Wyckoff Gardens in Boerum Hill, Brooklyn, and Holmes Towers on the Upper East Side, officials said Wednesday.

THE FLASH:

  • 14 years ago, on September 11th, 2001, terrorists attacked New York City and other U.S. locations
  • 2 years ago around this time, on September 10, 2013, then-mayoral candidate Bill de Blasio took the lead in the primary, just attaining more than 40% of the vote to claim the nomination
  • 44 years ago around this time, on September 9, 1971, prisoners seized control of the maximum-security Attica Correctional Facility near Buffalo, N.Y., beginning a four-day siege that claimed 43 lives.

GOTHAM GAZETTE HIGHLIGHTS OF THE WEEK:

Pre-K Pillar in Place, De Blasio Must Build Rest of His Case for Mayoral Control, by Ben Max

In Battle with Local Bronx Media, Klein Publishes Own Newspaper, by David Howard King

McCray Set to Unveil ‘Mental Health Roadmap,' Signature De Blasio Plan, by Kaela Sanborn-Hum

Proposed Rikers Visitation Rules Stir Debate, by Meg O’Connor

MORE FOR THE WEEKEND:

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NOTE TO READERS: we hope you enjoy this new Gotham Gazette weekly feature - please share it if you do; on Twitter, use our handle @GothamGazette.

If you have feedback on this feature for us, you can email editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.

Watch Sunday evening for our latest Week Ahead in New York Politics, which gives you a preview of key issues and events to be aware of for the week about to start. In the meantime, catch up on the latest original reporting from Gotham Gazette here. And have a great weekend!

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by Meg O'Connor and Ben Max

Pre-K Pillar in Place, De Blasio Must Build Rest of His Case for Mayoral Control


bdb parent first day of school

De Blasio greets a parent on the first day of school (photo: @BilldeBlasio)


It was his number one campaign policy proposal and as mayor, he's delivering. Mayor Bill de Blasio went on a five-borough school tour Wednesday to celebrate the first day of the 2015-2016 academic year and the initial success of his universal pre-kindergarten program, now enrolling more than 65,500 children.

If there is one thing that de Blasio promised on the 2013 campaign trail, it was "UPK," as it is often called, and in a short time he has devoted unseen resources to increase the number of New York City four-year-olds in school - up from about 20,000 full-day pre-K students in 2013-2014. The only thing that may come ahead of pre-K at City Hall is crime, and that's not such a sure assertion.

How much the mayor's success on pre-K benefits city students, families, and de Blasio himself, is yet to be seen.

UPK is one initiative that has won the oft-embattled mayor universal praise, even, at times, from some of his harshest critics. In fact, de Blasio indicated on Wednesday that UPK will be a key pillar in his argument for another extension of mayoral control of city schools when he must go defend his stewardship to Albany skeptics such as Governor Andrew Cuomo and state Senate Republican Majority Leader John Flanagan.

While de Blasio and members of his administration still need to prove pre-K is effective in helping children increase their learning and set on a path toward greater academic and professional success, the program is having immediate effects in terms of parents' savings on child care and opportunity to work or work more hours. To be sure, pre-K certainly cannot hurt young students from poor families in terms of their word acquisition and social-emotional development.

Still, as far as UPK goes, there will be little other than the impressive rollout for de Blasio to discuss when he sits in front of the state Legislature to discuss mayoral control whenever Flanagan next beckons.

There was much controversy when, this spring, the state extended de Blasio's rule of city schools for just one year (as opposed to a longer extension or letting mayoral control expire and returning the city's education governance to a decentralized Board of Education). This included some he-said/he-said over whether Flanagan, who used to be chair of the Senate education committee, had requested de Blasio appear at a hearing and whether de Blasio had been willing to testify.

On Wednesday, de Blasio promised more on his education initiatives later this month, and touted several aspects of his work on the subject in addition to pre-K, such as his community schools initiative. The mayor was asked about extension of his control of the schools and responded defiantly to any notion that it might be stripped from him.

Whether it was the effects of a humid day spent traversing the city, reading out loud to students, thanking teachers, and snapping selfies with grateful parents or the frustrating reality of the power dynamics at play, de Blasio sounded somewhat fatigued when asked about mayoral control during an afternoon press conference.

"I think the facts really will speak for themselves," the mayor said at his last school stop, in Manhattan. "I think the success of pre-K last year, now amplified on a much greater level. I think the success we're seeing on test scores, the progress we're seeing on renewal schools, the impact of greater professional development, which I know is going to help us retain good teachers," de Blasio said, previewing the argument he will make to Flanagan, Cuomo, and others.

The mayor continued, hitting on something that may help win over Cuomo: "We've obviously been assertive about helping teachers who shouldn't be in the profession to move along," de blasio said. "So I think that all those facts are going to add up. And I think, again, the people are going to demand that it be continued on a longer scale because it's part of what allows us to keep our school system improving."

Whether those points, even explained in more detail, will make for a convincing case in front of Senate Republicans and a governor whose education politics are far from de Blasio's is unclear.

The test scores de Blasio refers to (for 3-8 grade students on Common Core-aligned state tests) did indeed show slight progress, but also a great deal of room for improvement to see New York students meeting the standards as measured by the tests. While only about 30% of students are proficient in reading and 35% proficient in math, the city's test scores do compare well with the rest of the state, especially the other largest cities.

The "renewal schools" that de Blasio referenced are those in which the city has had to implement turnaround plans and are at risk of state takeover. Those 94 "persistently struggling" schools - along with de Blasio's opposition to charter schools, which are often juxtaposed with the city's most maligned schools - could be at the center of the discussion in Albany.

"Renewal schools are a huge focus for us," de Blasio said on Wednesday, "and we're very, very excited about the progress that's already happening in renewal schools...let's be blunt, a lot of those schools were left without the support and resources they needed. A lot of those schools happened to be in disadvantaged communities. We're changing that. We're giving them the support so they succeed."

In a press release, the de Blasio administration wrote that the 94 renewal schools are included in the 130-school community school initiative, which means that they have "wraparound services like counseling, free eyeglasses, and additional tutoring to eliminate barriers to learning for at-risk students." The renewals "all have extra academic support for struggling students, including an extra hour of time in class each day."

De Blasio won't have impressive renewal school test scores to bring to Albany, so he'll have to sell his turnaround model using those services, attendance records, and other metrics. There may be no getting past his opposition to charter school growth, which continues to provide ammunition to Cuomo, who is much less friendly with the teachers unions than de Blasio and is backed by donors who heavily support charters.

While de Blasio has made reforms to the city's education system since taking the helm some 20 months ago and may indeed feel good about the direction he has the schools headed, he knows that he will soon have to bring a scorecard to Albany - and then to New York City voters come 2017. De Blasio himself has said that the real accountability on mayoral control is that New Yorkers know who to hold responsible for the schools when they go to the polls.

It appears fairly certain that de Blasio has at least impressed many parents of new pre-k students.

In front of a Staten Island school the mayor promised "to talk a lot more in the coming days about the other elements that are going to allow us to transform this school system." He said that the month of September is an obvious one for a focus on education.

"But pre-k is literally the foundation, for each child, for each family, and for the change of this school system as a whole," de Blasio said, consistently bringing his narrative back to his crowning achievement.

On WPIX-11 Wednesday morning, the mayor said he'd be saying more on education next week. "We want to strengthen our schools across the system – not just pre-k. All the way up – we want to strengthen graduation rates, college readiness, and we're going to have a lot to put forward on that," de Blasio said. "But what's great about today is, this is really the foundation for the future not only for the individual children and their families, but this will make the whole school system stronger."

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by Ben Max, Gotham Gazette
@tweetBenMax

In Battle with Local Bronx Media, Klein Publishes Own Newspaper


klein riverdale record

The August issue of Riverdale Record, Sen. Jeff Klein's 'newspaper'


 

Some residents of the Bronx were surprised in August when what looked like a new newspaper arrived in their mailboxes. Upon closer inspection of Riverdale Record, some could tell they had received an elaborate piece of campaign literature from state Senator Jeff Klein dressed up as a community newspaper.

“Riverdale Record Serving the communities of Riverdale, Van Cortlandt Village & Kingsbridge” reads the masthead, next to a picture of a smiling Klein.

Underneath, in smaller white-on-red type: “The Official Publication of Senator Jeff Klein and Our Community.” The paper is also labeled as having a distribution of 36,000. At the very bottom of the fourth and last page there is a note that reads: “Paid for and approved by Klein for New York.”

The front page of the August edition features a headline about Engelbert Humperdinck and another that reads “Klein delivers during long legislative session.” Several pundits say Klein’s newspaper may be deceptive but has become part and parcel of big-money politics. However, some Bronx politicos and a host of journalists say that it is only the latest move by the extremely powerful and press-sensitive senator to bully and pressure local journalists and hamstring media outlets.

Klein’s press aides are notorious for lashing out at local journalists with threats, personal barbs, curse-laden tirades, and even boycotts. Staffers have tried to physically block journalists from speaking to Klein at public events and are accused of using their influence with the editorial boards of local papers that rely on access and political support from Klein to squash offensive stories.

A number of journalists offended by Klein’s latest move - publishing his own newspaper - say that it was borne of his displeasure with two articles from The Riverdale Press that examined the donations he received from real estate mogul Leonard Litwin and another that covered a protest by tenant advocates at Klein’s office. Litwin has been tied to the corruption cases against former Assembly Speaker Sheldon Silver and former Senate Majority Leader Dean Skelos. Klein, who heads the Senate’s Independent Democratic Conference, has had a close working relationship with both Silver and Skelos, along with Gov. Andrew Cuomo.

The first issue of Klein’s paper includes Klein’s direct rebuttal to a Riverdale Press column that criticized the senator for his position on sex offender legislation. Klein has boycotted the paper on at least three occasions. He reportedly told The Riverdale Press, “Find another target!” when asked why he was ignoring its inquiries.

Shant Shahrigian, editor at The Riverdale Press and author of two of those articles, used to cover Klein in his previous role as political reporter. Shahrigian said that Klein’s office mailed him a copy of the Riverdale Record at his office. Shahrigian gave Gotham Gazette this statement:

“Politicians at every level today are doing their best to thwart independent reporting on their policies and activities. State Sen. Jeff Klein is a case in point. His staff has endeavored to control access to the senator — even at public events — and he has, from time to time, refused to communicate at all with his local newspaper, The Riverdale Press. Now he has packaged the same sort of self-promoting message that every office-holder sends to constituents in the guise of a newspaper. I am confident that readers will be able to tell the difference between that and real news.”

bronxpapers1

A veteran Bronx journalist expressed concern to Gotham Gazette that Klein’s paper could hurt the borough's already small media footprint. “It’s important that there be independent and responsible media,” said the journalist, who asked to remain anonymous for fear of hurting a relationship with Bronx Democrats in general. “Putting out a faux newspaper is disingenuous at best and fraudulent at worst. If Senator Klein disagrees with an editorial, he should respond in kind. But this poisons the media climate in a media-starved borough and that’s not good for anyone, including the senator.”

Bronx journalists theorize that Klein spokesperson Candice Giove is in charge of the paper as she used to write for The New York Post. Most of the articles in Klein’s paper do not feature bylines. One of Giove’s 2011 Post articles, “Bronx Dem Deserter’s Reward: $1M Staff,” centered on Klein and featured a quote likening Klein to disgraced Sen. Pedro Espada and detailed the increased salaries of his staffers.

The article noted that Klein’s spokesman at the time, Richard Azzopardi, made more than $95,000 a year working for Klein and the IDC. (Azzopardi now works in the governor’s press office.)

Reached by phone, Giove declined to discuss Gotham Gazette inquiries about the paper and asked that questions be emailed to her. She provided a statement about the intentions of the Riverdale Record, but did not respond to questions about who writes the articles. Klein was not made available for a requested phone interview about his relationship with Bronx media.

“The Riverdale Record is geared toward keeping local residents up to date on the latest news, upcoming events and important work Senator Klein is doing to build up our borough and invest in Bronx families,” wrote Giove. “Each month, highlights include Bronx small businesses, programs and services Senator Klein sponsors and the important legislation he is fighting for in Albany on behalf of all New Yorkers. Most importantly, the Riverdale Record champions the community – all the progress we’ve made together, and the work that lies ahead – to build a stronger, brighter borough.”

Gotham Gazette spoke to a number of journalists who currently cover Klein on a local level or who did previously, and they described being repeatedly abused by his press staff, insulted by the Senator personally when they asked relevant questions, and constantly contending with the pressure Klein can bring on them and their editors as the most powerful Bronx Senator.

The journalists’ major concern about Klein’s Riverdale Record is that it could negatively impact local community journalism that is already contending with lower readership and harsh financial realities. They say Klein’s delicacy and his office’s tactics have become major impediments to providing accurate, detailed coverage to the Bronx community that is already news-starved.

"Senator Klein speaks to local reporters throughout his district,” Giove wrote in a statement to Gotham Gazette, responding to questions about Klein’s relationship with local press. “Just look at the pages of the Riverdale Review, the Bronx Times, the Bronx Free Press, the Bronx News, the Norwood News, the Bronx Chronicle, the Hunts Point Express, the City Island Current, the Irish Echo, Pelham Weekly, the Pelham Patch, the Pelham Post, Pelham Plus, Pelham Rising, Westchester Rising, Mount Vernon Rising, the Mount Vernon Inquirer and DNAinfo or broadcasts on News12 The Bronx, News 12 Westchester and Fios1."

Gerald Benjamin, professor of political science at SUNY New Paltz, said that Klein’s paper is simply par for the course. “This is no more deceptive than some radio or TV ads we see out there. We aren’t playing softball,” Benjamin told Gotham Gazette.

Blair Horner, of the New York Public Interest Research Group, said that his group believes campaign funds should be spent during election season, not in off-years, but that Klein’s paper does not seem to be violating any particular piece of election law.

Good government advocates note that Klein is capable of putting out a monthly paper with a reported circulation of 36,000 because he is such a prolific fundraiser. Klein’s committee reported having $1,140,634 on hand in its periodic July campaign finance report, making Klein one of the largest fundraisers in the state. The senator may not have to report expenses incurred from publishing the Riverdale Record until January.

One question that could be answered by Klein’s next filings is whether he paid celebrity chef Padma Lakshmi for her column titled “Healthy Eating With Top Chef Padma Lakshmi,” or if the column was an in-kind donation. Giove only replied to a question about the column to say that Klein and Lakshmi have worked together in the past.

As Klein’s influence has grown as he has leveraged his Independent Democratic Conference’s votes to earn powerful positions and favorable legislation from Senate Republicans, Bronx reporters say he and his staff have become less likely to talk and more abusive.

One Bronx reporter who has run into significant backlash while covering Klein said, “They call him the golden goose and you don’t want to piss off the golden goose.”

The September issue of the Riverdale Record reports a circulation jump from 36,000 to 37,000.

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

Proposed Rikers Visitation Rules Stir Debate


Johnny Perez of the Jails Action Coalition

Johnny Perez of the Jails Action Coalition (photos: Meg O'Connor) 


On Tuesday, City Council members, faith leaders, and activists spoke out against Mayor Bill de Blasio’s proposed restrictions for visitors to Rikers Island jails. At a rally on the steps of City Hall organized by the Jails Action Coalition, speakers called de Blasio’s plan to limit visitors and physical contact by those who do visit inmates counterproductive and wrong.

The proposed visitation limits were first announced when de Blasio visited Rikers Island in March, and are part of a 14-point plan to reduce violence among inmates and among inmates and guards.

 “We have to keep weapons, drugs, and other contraband off this island,” de Blasio said at Rikers on March 12. “The only weapons that should be used on this island should be used by people wearing uniforms, not by inmates who got weapons, who got drugs, who got contraband illegally and inappropriately.”

The proposed rules seek to limit the physical contact inmates may have with visitors, broaden the criteria for restricting visitors by allowing the Department of Correction to consider factors like criminal record, and establish a visitor registry. 

Yet, critics say the limitations would deter visitors, needlessly make an already arduous visitation process more difficult, and disproportionately affect black and Latino families, as well as poor people unable to afford bail.

 “I want to remind everybody that the overwhelming majority of people who are on Rikers have not yet been convicted of the crime for which they are being held,” City Council Member Daniel Dromm, of Queens, said at the Tuesday press conference. The jail complex has an average daily population of about 11,400 – roughly 85% of whom are pretrial detainees.

Others, like Tanya Krupat, Program Director for the NY Initiative for Children of Incarcerated Parents, say that what is “most concerning is the way they’re talking about looking into the backgrounds of visitors and making an assessment about whether that person is deemed a threat, including a threat to the ‘good order of the facility,’ which is very vague.”

Krupat added, “the potential for arbitrary subjective implementation of these is what’s really worrisome. Where are the checks and balances? They have over 1,000 visitors coming in every day, and over 3,000 children visiting each month, so who is making these decisions?“ 

De Blasio and his corrections commissioner, Joseph Ponte, have been credited by prison reform activists for other changes they’re making at Rikers, including around treatment of mentally ill and younger prisoners. The proposed visitation limits fall into a different category - and the city’s Board of Correction will hold a public hearing in the near future before voting on the plan.

Advocates for the incarcerated and their families fear that the proposed changes will harm the mental well-being of those imprisoned on Rikers Island by denying inmates the much-needed sense of support and connection that visits from loved ones bring. “I believe the proposed plan to restrict visitation has the capacity to deteriorate the already-fragile family unit of people of color, contributing to depression, isolation, loneliness, and increased recidivism,” Reverend Que English, Chair of the NYC Clergy Roundtable said.

Asked about this criticism, a spokesperson for the mayor, Monica Klein, wrote Gotham Gazette to say, “Commissioner Ponte understands how important family relationships are in the rehabilitation and re-entry of inmates, and DOC’s proposed visitation policy will allow the Department to foster the kind of positive visitation environment that help inmates’ well-being while maintaining the safety and security of the facilities.”

Some see the stricter visitation rules as a give by de Blasio in order to obtain support for other reforms he’s making and seeking at Rikers, such as his work to reduce solitary confinement and separate younger offenders and detainees.

The proposed rules would restrict the amount of physical contact between inmates and their visitors to a “brief embrace and kiss between the inmate and visitor at both the beginning and the end of the visitation period.” There is currently no limitation on physical contact like hugs and hand-holding during visits. 

Speaking about the importance of physical contact with a loved one, Anisah Sabur, who was incarcerated on Rikers for eight months in 2008, said, “being in a place surrounded by people that you don’t know, to see somebody that you know, be it your loved one, your mother, your brother, that hug and that holding of the hand is very important for somebody on the inside who doesn’t know when they’ll get that again. That love and affection is truly needed for somebody to keep their sanity.”

Significantly, critics of the proposed policy changes have pointed out that a majority of the contraband at Rikers is not smuggled in by visitors. During a May 12 Board of Correction meeting, board member Dr. Robert Cohen noted that the BOC’s recent report using data from the Department of Correction showed that 80% of weapons recovered on Rikers are constructed on site, meaning they were not brought in by visitors or staff.

Additionally, as Dromm (pictured below) mentioned during the rally Tuesday, a 2014 investigation conducted by Mark Peters, Commissioner of the Department of Investigation, “found that the majority of drugs that were getting into Rikers Island were being brought in by corrections officers themselves.”

CM Daniel Dromm

City & State NY reported that the city has said “371 [visitors] were arrested in fiscal year 2015,” meaning that with over 1,000 people visiting Rikers every day, a small fraction of those visitors are contributing to the flow of contraband into the jail complex.

“You’re changing policy [in response to] less than 1% of the visitors who come in,” Krupat said at the press conference yesterday. “That’s not how policy is made.”

However, the de Blasio administration says it is responding to an increase in those arrests - the 371 was up 307 in the prior fiscal year, and drugs recovered during visits were also up.

 In March, when Mayor de Blasio and DOC Commissioner Joe Ponte announced the 14-point initiative to reduce violence at Rikers, de Blasio said, “we know that the reality is that so many inmates acquire weapons and acquire drugs through visitors. In fact, we know that many criminal gangs use the visitation process to pass weapons and pass drugs to their fellow gang members here in these facilities. They also pass messages. You’ve seen it in the movies – it happens in real life.”

“So, to address this problem at the root, we need a much stronger, much stricter visitor policy,” the mayor continued, “which will limit physical contact between visitors and inmates and will, in fact, restrict the right of certain individuals to visit, in the first place, if they do not pass a security screen.”

 The mayor said that the proposed changes would bring Department of Correction policy closer in line with that of other large jail systems around the country that place limits on physical contact between inmates and visitors and restrict visitors based on security concerns.

Yet critics view the proposed limitations as a step backwards for de Blasio’s self-professed progressive administration, which was praised by advocates for the incarcerated earlier this year after city officials agreed to make sweeping reforms aimed at increasing safety for inmates of the violence-stricken jail complex.

“The mayor ran on not having a tale of two cities, and this is kind of a tale of two cities issue,” said Krupat. “Most people are pre-trial, they just can’t afford their bail. If you’re poor, you’re on Rikers and now maybe your family can’t come and see you, but if you have means, you’re out in the community at home eating dinner with your family. It’s kind of shocking from a progressive administration to go after visitors as part of an agenda to reduce violence at Rikers.”

The Board of Correction must approve the policy before the proposed changes to visitation rules can go into effect. The BOC announced Tuesday that it will hold a public hearing on the proposed rules, though the date has not yet been set.

***
by Meg O’Connor, Gotham Gazette
@MegOConnor13
@GothamGazette



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