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Top Ten Stories of 2015 in New York Politics


de blasio conference speech

Mayor de Blasio (photo: Rob Bennett/Mayoral Photography Office)


Gotham Gazette's top ten storylines of New York politics in 2015:

10. Big State Money Matters
In 2015, New York banned fracking, made plans for three new casinos, and gave away more big bucks toward economic development in areas of the state struggling to create jobs. Governor Andrew Cuomo was loved by environmental activists for the fracking ban, but criticized by those that look to fracking for economic stimulation, which is at the heart of the move toward casinos and state development grants.

9. Housing New Yorkers
Mayor de Blasio continues to struggle with New York City's homelessness crisis while he pushes forward with his ambitious and in some respects controversial affordable housing plans.

De Blasio is undergoing a shake-up in his administration in terms of leadership on the homelessness issue, all while Gov. Cuomo promises state-led fixes come January. De Blasio is pushing forward not only programs in place to prevent people from losing their homes and to get people out of shelter and into permanent housing, but also to mitigate a street homelessness issue that became a major political problem for the mayor. And, he's moving on his rezoning proposals, which have met quite a bit of community pushback, that are key to his affordable housing plan of building or preserving 200,000 units over ten years.

8. Education Debates Continue
The Common Core continues to stir controversy and is under review yet again - just like the standardized tests tied to the learning standards and their role in measuring student, teacher, and school progress. A big 2015 opt-out movement pushed the issue further. Teacher evaluation policies continue to shift as the weight of those tests is likely to be reduced after having been increased just a few months ago.

The battle over charter schools is largely settled, at least for now, strange as it is to say. Charters have been protected by Cuomo and state policy, and de Blasio has largely put down his sword, knowing that he has other dragons to slay. Charter advocates say they don't plan to hold big rallies in 2016 and Eva Moskowitz says she isn't running for mayor in 2017.

Mayor de Blasio's pre-kindergarten program has gotten off to a truly impressive start and he's dedicating increasing resources to schools serving the most disadvantaged students. But, as de Blasio and his schools chancellor, Carmen Farina, continue to implement their vision, questions have arisen: are they turning around struggling schools? Do they need more time or do they just not get it? They promise progress through more resources, community schools, tough love, and personnel reshuffling when necessary.

With the legislature, Gov. Cuomo signed off on just one-year extension to mayoral control of city schools and de Blasio will have to ask for another extension in 2016. Cuomo also promises another round of education reform proposals come January.

7. Policing New York City
Crime continues to trend down overall; though murders are up slightly, as are reported rapes; but shootings are down, as are several other major felony crimes. Complaints about police to the civilian board that fields them are down, as are marijuana arrests.

But, questions continue to arise from the right and the left about Bill de Blasio and Bill Bratton's NYPD: Are they really reformers, as de Blasio promised they'd be? Or is the broken windows approach too aggressive? Not being practiced aggressively enough?

Stop-and-frisks are down, but they're still disproportionately targeting black and Hispanic men compared to their proportion of the overall population. Cops have begun a new form of community policing in certain higher crime precincts, we'll know more in 2016 about how that is playing out, as we will about the efficacy of the department's new training protocols, instituted by de Blasio and Bratton. There's a host of NYPD reform and reporting bills sitting in the City Council that are opposed by Bratton (and thus, de Blasio), and are not moving - a major 2016 test for the Council Speaker, Melissa Mark-Viverito, and her progressive allies.

6. City & State Flush With Cash
The New York City economy is very, very good, and tax revenue is allowing the city a ballooning budget - including new union contracts - while the state has had an influx of cash due to bank settlements, allowing for billions in spending on infrastructure and more. Some parts of the state aren't doing well, and Gov. Cuomo continues to step in to send economic development funds their way. Everyone's wary of an economic downturn, but the city is so flush it is socking away money even while adding more to a budget clocking in at about $80 billion.

5. Cuomo-De Blasio Feud
The 2015 Albany session didn't go well for de Blasio - not just with the limited extension of mayoral control, but also with regard to his 421-a proposal aimed at furthering his affordable housing plan and with rent regulations coming in less generous to tenants than the mayor had hoped.

After de Blasio lashed out at Gov. Cuomo on June 30, it was on from there - an even more obvious, angry, and petty rivalry, which manifested regarding Legionnaires' Disease, minimum wage, the MTA, homelessness, crime, and more. Some say the feud is hurting New Yorkers whose lives and quality of life are in the balance as the two avoid collaboration about as much as possible. But, others say de Blasio and Cuomo are now trying to outdo each other on progressive policy and it may actually be helping struggling New Yorkers to a good degree.

As 2015 closes, neither will so much as say the other's name. As much as they say their staffs are in constant contact and they recently shared a well-publicized dinner to begin repairing the relationship, it's hard to believe that New Yorkers aren't unwilling victims of this rivalry.

4. City Continues Progressive Policy Push
Mayor de Blasio and a like-minded City Council are pushing forward with policies to help New Yorkers at the margins, and those in the middle class and struggling to make it. They've passed and continue to push new workplace and workforce regulations; affordable housing requirements; environmental and immigrant protections. They've implemented a municipal ID program; expanded library service, aid for senior citizens, community schools, and more as they seek to increase and equalize opportunity.

As mentioned, some question the city's free-spending ways, but the money is there and most fiscal watchdogs give city officials at least passing grades over the last couple of years in terms of responsible budgeting. Questions remain about new welfare standards, effective management of city services and the homelessness crisis, and more. For now, some think city government is overreaching in its efforts and spending, but the results appear positive as the city is relatively safe, the economy humming, and more New Yorkers feeling as though the government is working for them.

3. De Blasio's Up and Down Year
The mayor is doing a lot - while the city is safe and the economy continues to boom - but he's hit some roadblocks and gotten hit from the left and the right, all while being locked in his bitter feud with Gov. Cuomo, which is largely unhelpful to the mayor's agenda.

From the left, critics say de Blasio is too cozy with real estate; too harsh on homeless New Yorkers; and not enough of an NYPD reformer. From the right, they say he's too easy on homeless New Yorkers; not tough enough on crime; spending too much money on progressive programs; not closing enough failing schools or supporting charters; and not a strong enough manager.

No matter the criticisms, de Blasio has many programs in place and progress to point to in terms of his pre-kindergarten, affordable housing, and Vision Zero road safety plans, among others.

De Blasio's missteps regarding the presidential race and his approach to communications have hurt him, but he did find more solid footing as the year came to a close.

2. Cuomo Tacks Left
Governor Cuomo made a big liberal push starting just after Albany business wrapped up for the year. He moved on the minimum wage; nail salon workers; teacher evaluations; and several criminal justice reforms, to name a few of many signs of a governor who has found his inner liberal. This came after a tumultuous Albany season in which the governor was the only one of the 'three men in a room' still standing after Sheldon Silver and Dean Skelos were each indicted (and later convicted). While Cuomo oversaw budget and legislative deals that largely continued his more centrist governing style, he shifted hard left this summer and into the fall and winter. Next steps for Cuomo: showing New Yorkers he's finally going to lead a real push to clean up Albany corruption.

1. Preet Bharara's Trophy Wall
U.S. Attorney Preet Bharara took down two men who were among the three most powerful in New York state when he got to them. The indictments and convictions of former Assembly Speaker Sheldon Silver and former Senate Majority Leader Dean Skelos shook Albany - to the extent that anyone was surprised by more corruption among state lawmakers, charges against the two sitting legislative leaders within months of each other was truly shocking. Don't forget that they weren't the only state lawmakers forced from office due to corruption charges this year, and they're among dozens over the past decade or so who've stepped down or been removed from office for ethical problems.

Silver and Skelos have been replaced atop their chambers and will now be replaced in office come special elections. Will Albany replace key elements of the system that they, and so many others, took advantage of? As Bharara would say: stay tuned.

***
by Ben Max, Gotham Gazette
@tweetBenMax

Assembly Reform Group Will Miss Own Deadline


assembly capitol

(photo via the governor's office on flickr)


The Assembly working group on operations, participation, and transparency is set to miss its self-imposed December deadline to issue recommendations on how to make the chamber more accommodating to the public and rank-and-file members.

Assemblymember Gary Pretlow, the group's co-chair, told Gotham Gazette: "We wanted to get it out before the end of December but that's not gonna happen."

The 12-member group was put together by newly-minted Assembly Speaker Carl Heastie in April as a concession to pressure from reform-minded members and good government groups. The group has gotten off to a slow start and it is unclear how promising the endeavor will be.

In August Pretlow told Gotham Gazette that he and fellow co-chair Brian Kavanagh had only solicited ideas from members via email and not had much response. Heastie defended the group's pace that month.

"The idea was for them to meet and have conversations and come back to us with recommendations in the next session. So I've left that to the 12 members of the committee...they have time," Heastie was quoted by State of Politics. However, by Pretlow's description, only two of the members have had any real say so far.

Pretlow says things have picked up for at least himself and Kavanagh, if not the rest of the working group.

"Assemblyman Kavanagh and I have been wading through 15 pages of recommendations. We've been meeting about every week. We didn't want to bring everyone to Albany every week because then you guys would say we were milking per diems. So it's damned if you do, damned if you don't," Pretlow told Gotham Gazette.

Pretlow said he hopes to present the 12 other members of the group with recommendations within the next two weeks and then share what they agree on with the full Assembly when it returns to session January 6.

Proposals the group could be considering include ones that would more equally distribute resources amongst members, allow for a more open committee process, mandate use of the internet to better publicize important hearings, and allowing rank-and-file members to more easily advance their bills.

The group has faced criticism for not including Assembly Republicans who have long complained of having their voices silenced in legislative committees and bills killed before they reach a vote.

Pretlow said that he and Kavanagh have met with some groups with outside interest in reforms, "We met with the so-called good government groups to take their suggestions and we looked for input from the public but we haven't got any," Pretlow said.

When asked how the group solicited public input, Pretlow said he thought perhaps there was "something on the internet," and encouraged Gotham Gazette to contact Kavanagh for specifics. Kavanagh's office did not return request for comment.

"We've gots lots of recommendations from what's been in the press," said Pretlow. "It's not like this is a secret group."

Representatives of good government groups had slightly varying takes on their meeting with the working group but agreed it wasn't particularly eventful.

Blair Horner, of The New York Public Interest Research Group, said it was hard to read the pair either way and that he felt they were on a "fact-finding mission."

"It was hard to read the tea leaves, they played it close to vest and they were non-committal," said Horner who noted that the working group can't make promises as the Democratic conference will have to approve the recommendations.

Other attendees felt the pair outright rejected many of their proposals without even the slightest consideration and that it seemed they were more concerned with perception and political power than moving on major reform. "We essentially read a list of proposals to these guys and they told us why they can't, or won't, do them," said one attendee.

Some reformers were hoping the group would have recommendations that would have been debated in public hearings, and agreed on in time to pass during their first day in session. It is more likely the conference will discuss the recommendations for the first time as a body on that day.

"The only thing I have to say is that now is clearly the time for Heastie and the Assembly Democrats to make a clean break with a very corrupt and undemocratic past," said John Kaehny, executive director of Reinvent Albany, when told about the delay. "It's on the Assembly Democrats to change the culture and the rules that have been a breeding ground for scandal after scandal. We hope Speaker Heastie is up to the challenge."

Heastie, who replaced his predecessor, Sheldon Silver, when Silver was indicted (he has since been convicted on federal corruption charges), has received praise from a number of his younger members for listening to a wider range of legislators than Silver and for empowering rank-and-file members.

"Since becoming Speaker, I have made a special effort to create issue specific workgroups and a new subcommittee structure that promotes member participation while exploring new ideas to move New York forward," said Heastie in a statement announcing the creation of the working group. "Members have a lot of great ideas, and the creation of this new workgroup is an opportunity for us to build on the strong processes already in place that promote transparency and accountability."

However, there is growing concern among reformers in and out of the Assembly that Heastie is essentially punishing Kavanagh for pushing for more reforms, which could theoretically weaken Heastie as leader, by sticking him with a group that is meant to be a dog and pony show. Pretlow told Gotham Gazette in August that he wanted to make sure the group didn't do anything to infringe on Heastie's "power."

"This has got to be torture for the guy," said a fellow Democrat of Kavanagh, "He actually wants change and Carl is making him pay for it."

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

Cuomo's FOIL Order Has More Limited Scope Than Vetoed Bills


Cuomo event thumbs

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


When Gov. Andrew Cuomo vetoed two bills that would have strengthened the Freedom of Information Law last Friday he framed his action as though the bills were an assault by the legislature--a legislature that refuses to operate under the same set of FOIL rules. A message accompanying his subsequent executive order, which calls for the speeding of FOIL appeal responses, promised: "We will introduce a bill early next year to bring the same, necessary high standards of transparency to the legislature."

Cuomo is now expected to meet with a number of stakeholders in the FOIL debate on Wednesday, including representatives of good government groups.

Assemblymember David Buchwald, sponsor of one of the vetoed bills, told Gotham Gazette that he rejects the ideas that his bill was an attack on the governor and that the issue is one that pits Cuomo against the legislature. He notes that the Assembly has passed his bill for years, that is has been around since before Cuomo became governor, and that, importantly, it has a far wider scope than Cuomo's order. Buchwald says his bill would make executive agencies, local governments, the comptroller and attorney general offices, and the legislature file appeals to FOIL requests within 60 days.

Cuomo is certainly correct that the Freedom of Information Law significantly limits the type of legislative records that are available to the public.

"There are always people who argue that you can't improve some things until every single thing has been improved, but that position doesn't improve things for New Yorkers. It is designed to make sure there is no change," Buchwald told Gotham Gazette.

"This piece of legislation primarily comes out of the Committee on Open Government, which is an executive branch agency. The governor might be right to point back to the legislature, but this legislation has been on his desk and he could have acted at any time. It is not a mere football to be part of this battle," Buchwald said.

John Kaehny, executive director of Reinvent Albany, noted that most state legislatures are not subject to FOIL and that New York's FOIL is modeled after the federal Freedom of Information Act which does not cover legislative or judicial records. Reinvent Albany issued a report on Tuesday comparing Cuomo's executive order to the vetoed legislation, declaring the order a "setback for transparency."

The report goes on to rebut Cuomo's criticisms of the vetoed bills:

"Previous governors have signed bills strengthening and modernizing FOIL, including the biggest recent change, which explicitly addressed emails. Yes, FOIL should apply to the state legislature, as it does in almost two dozen states. But it is bizarre and unprecedented for a governor to veto FOIL bills which strengthen the existing FOIL—which applies to state agencies and authorities and non-profits, the attorney general, comptroller, and all local governments—because it does not apply to the legislature."

Buchwald noted that Cuomo could have introduced legislation at any time to increase the strength of FOIL.

The governor's subsequent executive order took part of Buchwald's bill and implemented it for the executive branch - requiring executive agencies to appeal a judge's decision to grant a FOIL request within three months, down from nine. But Buchwald's bill would have required an agency submit an appeal within 30 days and finalize the paperwork within 60.

Additionally, Buchwald's bill applied those rules to not only the executive but the comptroller, attorney general, local governments, and authorities. Authorities have become of particular interest to the press corp and good government groups as the Cuomo administration has funded the Buffalo Billion economic development program through such mechanisms and has been criticized by many for a lack of transparency. United States Attorney Preet Bharara is reportedly investigating contracts related to the Buffalo Billion.

Bob Freeman of The Committee on Open Government told State of Politics that he is involved in discussions with the governor's office about revamping New York FOIL. "Although they were indeed vetoed, I've already spoken to the counsel to the governor, we will be working soon on developing legislation that involves a meeting of the minds that would advance the goals the Committee on Open Government has expressed," Freeman said of the two bills.

"The executive order the governor issued hours later shows that there is a lot of merit to my bill but it would have applied to local governments, the attorney general, comptroller and authorities. And the governor's order doesn't touch any of Assemblywoman Paulin's bill," Buchwald said.

Paulin's legislation, also authored by The Committee on Open Government, would have changed a single word in the law from a judge "may" award legal fees if an agency is found to have improperly denied a FOIL request, to "shall." Five other states, including California, New Jersey, and Illinois have such a law.

The Cuomo administration appears to be responding to criticisms of the vetoes and subsequent executive order with a heightened sensitivity. Sources say Cuomo counsel Alphonso David has made an unprecedented number of calls in a short period of time on the matter. A number of sources told Gotham Gazette that they hope the Cuomo administration is actually looking for input from interested parties during Wednesday's meeting and not simply going to reveal their plan while demanding endorsements. Cuomo appears ready to make a renewed push on ethics reform in January when legislators return to Albany. This appears likely to include an expanded FOIL bill.

Freeman told State of Politics that Cuomo's executive order is a "positive step forward," but that "It's not nearly as expansive as a law would have been."

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



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