
Assemblymember Brian Barnwell (photo via NY State Assembly District 30)
If Queens voters were looking for fresh face to represent them in Albany, they found it in Assemblymember Brian Barnwell.
The 30-year-old attorney beat out nine-time incumbent Assemblymember Margaret Markey during the September Democratic primary with a shocking 63.8 percent of the vote, and easily swept the general election against Republican Tony Nunziato. While Barnwell did well districtwide, many in Maspeth, Queens disapproved of Markey’s response to the city’s proposed homeless shelter in the neighborhood, a hot button issue that drew weeks of heated protests.
Barnwell is not new to the Albany area. After graduating Arizona State University, he obtained a law degree from Albany Law School. After working as a lawyer for several years, he worked as an aide in Queens City Council Member Costa Constantinides’ office. Now a lawmaker himself, Barnwell said he aims to find solutions for strengthening the middle class and those struggling to enter the middle class, and he has already put forward legislation related to affordable housing, senior issues, and workers’ safety. He spoke with Gotham Gazette in early May about New York’s affordable housing crisis, his first state budget experience, why it’s good to have millennials in the Legislature, and more.
Gotham Gazette (GG): What were your first few months like? Orientation?
Assemblymember Brian Barnwell (BB): “I thought everyone was all very helpful, the speaker’s staff were great, they’re all very nice and very helpful. The members themselves are still always saying, if you have any questions about anything, don’t be afraid to ask.
Honestly, as an attorney, when you graduate law school and you go to court, you are kind of thrown to the wolves as well. So you get used to it. You ask questions, if you have them, and if you don’t, you figure it out.
There was an orientation process, I think it was three days -- it feels like 80 years ago already. You get up there and they go over the basics. ‘This is who you go to if you have this issue.’ You know, ‘this is how the procedure how the Assembly works if you want to submit a bill.’ They go over the basics of bill drafting and indexing.
Same thing, when you are in law school, you learn the law. Usually, there are a couple classes you can take here and there, but mostly, when you get to court, you don’t know the ins and outs of the everyday procedure.
Same thing, obviously, when you are legislator, you know the things you want to change, but you don’t know how to change it. So you learn the procedure, the inherent procedure of the Assembly, and that’s what they teach you at orientation.”
GG: How do you juggle the weekly commute? Any favorite restaurants yet?
BB: “I actually went to law school up in Albany, so it’s not too different for me. When I was in law school, I’d take the Amtrak up, but now I drive up. I’m single, I don’t have any kids, so it’s not as bad for me as it would be for other members.
Favorite restaurant? I don’t necessarily have any. There is actually a good barbecue place called Capital Q [Smokehouse] though, over on Ontario (Street). That’s a pretty good. Wings over Albany is another good place. The normal stuff out on Wolf Road, by the mall, you have Cheesecake Factory and Texas Roadhouse, all those places.”
GG: You are one of the younger members of the Assembly -- not the youngest, that’s Assemblymember James Skoufis -- but still among the younger members of the Assembly. How do you think it benefits government and the state to have younger lawmakers representing them?
BB: “Someone asked me this the other day, and what I say is it’s good to have a good mix. There are some members that have been there a long time and it’s good to have their voices and then there are some newer members. I think in the last 6-8 years, there’s been a lot of new members that have been in.
Obviously, as time changes, there are new issues, that I’ve lived with myself. Like loans, for example, student loans. I’ve lived it, so I know all about it. Members who have been there 20 years, they may have loans too, but they haven’t had the same experience that I’ve had. So, it’s always good to have a good mixture of good backgrounds and ages, and it definitely comes into play. It’s definitely helpful to represent “
GG: In your district it’s particularly stark. You beat out a nine-term incumbent, and the uproar over the Maspeth homeless shelter certainly played a role. Housing issues are important to you. What are your thoughts on addressing homelessness, and more broadly, the city’s affordable housing shortage?
BB: “Actually, one of the major bills that I have deals with affordable housing. When they say it’s affordable, it’s laughable, it’s a headline -- it’s not affordable. One of the big reasons why, in my opinion, things are not affordable, is because the formula that determines quote-unquote what’s affordable, is they take the AMI, the average median income.
Basically, it’s supposed to say these are the average incomes of people of the area where they’re building the project. However, New York City has a ridiculous formula that when they want to build in New York City, they want to build in the Bronx, they want to build in Woodside, they want to build in Harlem, they have to take the AMI of the entire city, plus Westchester, Putnam, and Rockland Counties. We’ll use Harlem. The average income in Harlem is significantly lower than Westchester. When they build in Harlem and they are using the average incomes of Westchester and Putnam and Rockland County and Staten Island. The average income in Harlem is significantly lower than the AMI in Westchester.
My bill, it’s sponsored by Senator [Michael] Gianaris in the Senate, and we have about 22 co-sponsors in the Assembly. When they want to build “affordable housing,” they have to use the AMI of only the zip code where the project is located. If they build in Harlem, only the average income levels of people in Harlem will be considered. Not Westchester, not Rockland County, not Putnam County -- that’s just stupidity. In my opinion, not only does it help people in the community, but it deals with the homeless issue. That’s another reason why I supported Assemblyman Andrew Hevesi’s home stability plan. Because it keeps people in their homes. It keeps people who are in danger of losing their homes -- it would give them a subsidy which would help keep them in their homes.
If anyone says, ‘We shouldn’t take care the homeless,’ that’s idiocy. No. You’ve got to take care of everyone. You’ve got to take care of people in the state. If you are worried about the money part of it, then even more you should support Andrew Hevesi’s plan. Because the plan would save the city and the state millions of dollars. Instead of paying market rate -- they are charging $200 a night, to put someone in a hotel, like a paying customer -- instead of that you could spend a little bit of money and keep people in their homes.
So, the ideas are there, but the laws are not passing.”
GG: That leads me to my next question. Have you found it challenging to make your voice heard as a freshman legislator with such a large conference?
BB: There’s a big conference, a lot of people who have been there for a long time. And everyone’s been great, everyone’s been very nice, but there are people who have been there longer and have more pull -- that’s just the way it goes -- or their bills have been out for a long time. Some of these bills have been out there for 10 years and they are still trying to pass them. What I’ve done is draft the bills myself -- it’s one of the benefits of being a lawyer, I draft my own bills -- and then I just go speak to the members. You talk to them. Obviously the affordable housing issue is all over...I go over and ask them if they’ll sign on to the bill and about 20 members have signed on so far -- to the affordable housing one -- you’ve just got to put the legwork in.”
GG: Any challenges? You just survived a very difficult budget process...
BB: “I think the biggest annoyance is when a constituent needs help and you want to help them but you have to go through the agencies. It’s always a traffic signal, or a stop sign, or a speed bump, where it’s needed, right? And the constituent wants it, but you can’t just snap your fingers and make it happen. You have to go through the agency and the agency has to approve it. That’s frustrating. Sometimes obviously it doesn’t work out because the agency says ‘No, you can’t have the traffic light here.’
In regards to Albany, honestly the budget process was certainly long, but I don’t have a problem with that. In my opinion, it’s better to negotiate and negotiate and negotiate, instead of just doing the deal for the sake of doing a deal. I understand that [Governor Andrew] Cuomo likes to have his budget on time. But the budget shouldn’t be on time just to be on time. The budget should be thought out and reasoned and debated, I mean that’s the reason we have government. While it does take a while, and this one was extra special with how long it took to get done, I don’t have a problem with that.”
GG: As a lawyer, negotiating is your forte?
BB: “Exactly. It’s a negotiation. You’re not always going to get what you want, you negotiate, you come to an agreement, and live to fight another day.”
[Read more from our series, Adjusting to Albany: Meet NYC's New Class of State Legislators]
***
by Rachel Silberstein, State government reporter, Gotham Gazette
@RachelSilby @GothamGazette

Assemblymember Carmen De La Rosa (photo via @CnDelarosa)
Born in the Dominican Republic, Carmen De La Rosa immigrated as a child to Inwood, in upper Manhattan, where she was raised and still lives, now with her fiance and daughter. She launched her legislative career in 2007, working for Assemblymember Daniel O’Donnell on the Upper West Side. She later became Democratic female district leader for the 72nd Assembly District and chief of staff to City Council Member Ydanis Rodriguez.
With the backing of her former boss and Rodriguez’s mentor, then-State Senator Adriano Espaillat, the 30-year-old De La Rosa took on incumbent Assemblyman Guillermo Linares, a longtime rival of Espaillat. During the campaign, she defined herself as a feminist who understands the struggles of working families and immigrants, someone who could break barriers for the upper Manhattan district, which has long been dominated by male leadership.
Now in office, De La Rosa told Gotham Gazette in February that she is looking forward to making a difference in the community she has lived in her whole life, especially given the ascendance of an anti-immigrant Trump administration in Washington, D.C.
Gotham Gazette (GG): What was your first few weeks as a state legislator like? How was the orientation?
Carmen De La Rosa (CDLR): It’s been obviously very interesting — and busy — getting to know the budget process and all the components of the budget and how to navigate our communities within that process. Also, learning the basic 101 of the legislative process, in addition to also getting our offices up and running for constituent services. So it definitely feels like longer than a month. But I definitely feel like everyone here is very helpful. There are a lot of people who can assist you with technical issues.
The training was very interesting. We got to meet the incoming class of members on the Assembly side and majority side. It was wonderful because you are able to meet other members from all different part of the state who are coming in with different perspectives, but we have one thing in common, which is we are all new here. We’ve sort of created a bond of helping each other out, because we have similar questions about like where a particular hearing room is, or how to get over to chamber quickly. So it’s been really high pace. It’s definitely a great place to be, coming from the City Council, it’s sort of government on a larger scale, so it’s a welcome challenge for me.
GG: How is the commute? Where do you stay? Any favorite restaurants yet?
CDLR: I’ve been taking the train. I actually am taking the train from the Yonkers stop. So I often either have my husband drop me off and I’ll come up. It’s only two hours and 15 minutes depending on how the rail is going.
It’s really good to come on the train; you get a lot done, a lot of reading and catching up. I really like the train ride actually because you are able to disconnect and sort of just get your footing in before you even come up to Albany. So you do all the reading on what bills are coming up, on committees and all of that. And when I’m coming back into my district work, so what community events are happening and things like that.
I haven’t found a favorite restaurant yet. We’ve been really busy this session and we had a few late nights with some votes. So I haven’t had much time to go out and explore. I am usually eating in the members lounge or in the cafeteria or the concourse, so I definitely have goals for later on in the session to go out and find a good restaurant.
GG: As a mother of a 2-year-old, is it hard to juggle the demands of parenthood and the job?
CDLR: Definitely, I haven’t been away from her since she was born and I’ve been really spoiled by being able to work in the city and come home to her every night. But I have a really good support system. My parents have both been very helpful, and my husband. And my mom has seven sisters so they’re great aunts, they are always coming over, pitching in.
My daughter is at the age that she’s in daycare during the day, and then she comes home and we Facetime. Then she asks me all these questions and I ask her about her day. She’s now at a point where she doesn’t fully understand what mommy is doing. Actually, the other day I asked her, I said, ‘Bye, mommy’s going to Albany!’ She said, ‘You’re going to work mommy!’ and I said ‘Do you know what mommy does at work?’ and she says, ‘Talk to a lot of people!’ So she doesn’t really understand everything. But she understands that I’m up in Albany and I feel lucky because she’s been adjusting very well.
GG: You enter state government under such a strange climate with President Donald Trump’s administration moving forward with its anti-immigrant agenda. Has that shifted your priorities for the coming year?
CDLR: Absolutely. I think that actually contributed to the fact that in my brain, it feels longer than a month. Because very soon after I came to Albany, Trump was inaugurated and since then, especially in our district, it’s been protest after protest, demonstration after demonstration.
As a immigrant woman here at the state Legislature, we actually in the Assembly have been able to pass bills about protecting immigrant communities against registries....we did a ton of criminal justice reform bills. So for me, I feel like I’m in the front seat of something that is so important for the protection of immigrant communities and communities of color throughout the state. I just feel privileged and honored to have a seat at that table and be able to actually take these votes that are having significant impact in our communities and understanding the dynamics of the [Republican-controlled] Senate, and really pushing on this, so that some of those things can be adopted by the Legislature.
Being able to be in the [Democratic] Assembly Majority, and actually be able push for these things is really important. I think now for us to have a voice in what’s happening nationally and we show our constituents that on a state level there are some protections that can be put in place.
GG: As a freshman legislator, do you feel like you have gotten floor time where you really got to make your voice heard?
CDLR: Yes, I did! The first week we came in and voted on a ton of bills about contraception and women’s rights. They were health bills. So those bills were really important to me as a woman, as a woman who is pro-choice, and especially with what is happening on a national level with women and Planned Parenthood. In addition, I did have floor time last week -- which was my first time speaking on the floor -- about the Dream Act, and the Assembly was able to pass the Dream Act.
I spoke about my experiences being an immigrant woman, coming to the country as a child, and knowing that education -- and the opportunity to be educated -- has certainly made a difference in my life. And what we hope we could lead for our children and the children that are coming from other countries around the world and may not have that opportunity to follow the American dream.
I was very excited to be able to speak up on that. And yesterday I spoke up about the ‘Raise the Age’ conversation and the importance of doing that in New York State.
GG: Any surprises? Disappointments?
CDLR: No disappointments yet. I am still coming with a new person’s -- I’m not burnt out yet -- so I’m really coming with a fresh, hope perspective which I hope doesn’t die. But I have been very inspired with the passion that I see coming from all over the state on some of these issues. It doesn’t matter if you come from upstate or downstate.
A lot of the members of the chamber have really taken leadership roles when it comes to speaking out about women’s rights, immigrant rights, and that has really been a pleasant surprise for me here.
[Read more from our series, Adjusting to Albany: Meet NYC's New Class of State Legislators]
***
by Rachel Silberstein, State government reporter, Gotham Gazette
@RachelSilby @GothamGazette

Alain Kaloyeros in 2016 (photo: The Governor's Office)
A coalition of budget and transparency watchdog groups are calling on the Legislature to pass, and for Governor Cuomo to sign, comprehensive “clean contracting” legislation in response to the bid-rigging scandal that rocked the state Capitol last year and continues to reverberate.
Specifically, at a Wednesday press conference the groups called for restoration of reviewing powers to State Comptroller Tom DiNapoli for all state contracts exceeding $250,000, an end to non-academic contracting by state-controlled non-profit organizations, the creation of a comprehensive “database of deals,” and a prohibition against state authorities, corporations, and affiliated non-profits doing business with their board members.
The organizations -- including Reinvent Albany, New York Public Interest Group, Citizens Union, League of Women Voters, Fiscal Policy Institute, Common Cause, and Citizens Budget Commission -- are also urging state leaders to reduce the potential for conflicts of interest by exploring options to limit campaign contributions from anyone seeking a state contract. Nineteen states and New York City -- but not the state -- already have these anti-pay-to-play laws in place.
“The moment of truth has arrived. State and federal prosecutors say $800 million in state economic development contracts were rigged, but so far, the Legislature and governor have yet to act,” said John Kaehny, executive director of Reinvent Albany, standing in the state Capitol. “It’s time they pass common sense legislation that includes independent oversight over state contracts, uniform contracting rules, and transparency that will prevent corruption and abuse before it happens.”
In 2016, an investigation into a sprawling alleged pay-to-play scheme connected to the Governor Cuomo’s Buffalo Billion economic development program resulted in charges against nine men, including a former top aide to Cuomo, Joe Percoco, and the former president of SUNY Polytechnic Institute, Alain Kaloyeros, a close government partner of Cuomo’s, on bid-rigging, bribery, and other charges.
In the aftermath of the scandal, DiNapoli called for comprehensive procurement reforms, including the restoration of his office’s powers to review contracts with CUNY- and SUNY-affiliated non-profits -- a power that was stripped by Cuomo and the Legislature in 2011. The governor and lawmakers had reasoned that they could more quickly move economic development funds to important projects, especially in previously downtrodden Buffalo, where Cuomo has dedicated so much focus since taking office.
Following the enactment of the 2017 state budget, DiNapoli issued a statement noting the lack of procurement reform. “Hopefully before the end of session, the procurement reforms my office has advanced will be addressed,” he said. The Legislature is in session until mid-June. Legislative leaders are looking at some procurement reform measures, while Cuomo remains opposed to what DiNapoli and government watchdogs are calling for.
At the time of the arrests, Cuomo vowed sweeping reform, and proposed a slew of them in his 2017-2018 executive budget. However few of these oversight and transparency measures -- which are different from those being proposed by legislators, DiNapoli, and reform groups -- made it into the agreed-upon spending plan, announced in early April. Additionally, at least one other key oversight and transparency provision -- a mandated report on the governor’s Start-Up NY program -- was actually removed. Instead of focusing on reform, the governor has continued boosting the his signature economic development programs and infrastructure projects, to which the state is dedicating billions of dollars every year.
Senator John DeFrancisco, a Republican from Syracuse and deputy majority leader, has proposed legislation encompassing the Comptroller’s Clean Contracting Bill, which has been approved by the Senate Finance Committee, and some form of it is expected to pass the Senate. A similar bill sponsored by Assemblymember Crystal Peoples-Stokes, a Buffalo Democrat, is currently being considered in the Assembly.
Assembly Speaker Carl Heastie, a Bronx Democrat, and Senate Majority Leader John Flanagan, a Long Island Republican, both expressed support for the legislation during a joint appearance at the Times Union’s new media center in Colonie on Tuesday.
“I truly believe the comptroller plays an absolutely critical role in public policy in New York,” Flanagan said.
“You don’t always have to wait for something bad to happen to restore confidence to the public,” added Heastie.
The “database of deals” -- which has long been advocated by good-government organizations -- was supported by both the Senate and Assembly in their one-house budget resolutions, and the governor agreed in the budget to create a report by January 2018 detailing the spending by each economic development program. However, critics say the database should go further, providing data on the benefits received by each company.
Cuomo, in his executive budget, proposed prohibiting campaign finance contributions to the executive by vendors when they are bidding on and negotiating contracts, and expanding the power of the Office of the Inspector General to include the SUNY Research Foundation and CUNY-affiliated nonprofits. He also proposed instituting a Chief Procurement Officer who would be appointed by the governor, a position that many called redundant and less effective than the position of Comptroller.
“How many scandals and indictments are needed before we enact any meaningful reforms,” asked Ron Deutsch, executive director of the Fiscal Policy Institute, a think tank. “We need to restore the public’s trust and put real accountability measures in place to ensure that we have full transparency and a solid return on investment before we continue to provide billions of taxpayer dollars to private businesses under the guise of economic development.”
The legislation is currently facing opposition from SUNY. A spokesperson for Cuomo’s office said the governor finds the legislation “duplicative” and “overly broad,” and believes it does not address the core of the process on contracting reform. She noted that the comptroller can already perform audits on all procurement contracts before they are paid, he just cannot slow down the initial contracting process when awards are made.
Flanagan has indicated that there may be room for negotiation on the final bill. Heastie has been vague as he plans to discuss the issue with his majority conference.
Cuomo’s former aides, associates, and donors are set to go on trial late this year.
Another spokesperson for the governor, Rich Azzopardi, sent Gotham Gazette a statement attacking the watchdog groups. "This is the same crew who preaches transparency for others and then sues to overturn state law and keep their benefactors secret. If we need a crash course on hypocrisy we know who to ask," he said.
“To create needed independence and effective oversight, the governor and the Legislature must enact sensible clean-contracting reforms,” said Dick Dadey, executive director of Citizens Union. “Not to do so would be an unfortunate and careless shirking of their greatest responsibility to ensure that government operates in the interest of the people. Stronger oversight and increased transparency in the awarding of state contracts, including providing the state Comptroller with increased independent authority for oversight and approval, are principles that a strong and effective democracy must embrace.”
***
by Rachel Silberstein, State government reporter, Gotham Gazette
@RachelSilby @GothamGazette