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Prosecutors Make Closing Argument in Trial of Former Top Cuomo Aide


Cuomo Percoco

Governor Cuomo (photo: Mike Groll/Governor's Office)


The federal corruption trial of Joseph Percoco, a former top aide and close ally of Governor Andrew Cuomo, and three co-defendants reached near conclusion with prosecutors making closing arguments to the jury on Tuesday.

Percoco and the three others, all corporate executives, face several bribery, bid-rigging and fraud charges related to state contracts sought by the companies represented by Percoco’s co-defendants. Percoco was charged with accepting bribes amounting to more than $300,000 from the three businessmen -- Joseph Gerardi, Steven Aiello and Peter Galbraith Kelly -- with whom he was involved in a broad criminal conspiracy, prosecutors have alleged.

At a federal court in lower Manhattan, prosecutor David Zhou summarized more than six weeks of testimony in a final plea to jurors for a guilty verdict, reading a selection from thousands of emails that were presented as evidence in the trial.

“‘Where the hell is the ziti?’” Zhou cited from an email sent by Percoco from his personal AOL account to lobbyist Todd Howe, a former lobbyist and Cuomo ally who played middleman in the conspiracy and is a cooperating government witness who pleaded guilty to several counts himself. The term “ziti” was thrown around hundreds of times between Howe and Percoco, old friends, and referred to bribes, as appropriated by the men from “The Sopranos,” the popular television show featuring the eponymous mafia family.

“These are Joe Percoco’s own words...begging, requesting, demanding ‘ziti,’” Zhou told the jurors.

Zhou meticulously laid out the prosecution’s case over the course of about three hours, detailing how Percoco allegedly wielded his powerful position in the governor’s office to take favorable official actions towards two firms, COR Development and Competitive Power Ventures, in corrupt exchanges with executives from the companies. Howe, in turn, funnelled payments from the firms to Percoco and to his wife, Lisa Percoco, who received a “low-show” job from CPV paying $90,000 a year for little work. “Ladies and gentlemen, you’ve put more time into this trial than Lisa Percoco did from her $90,000-a-year job,” Zhou said.

The prosecution’s case was complicated when, earlier this month, Howe admitted to attempted credit card fraud on the witness stand, violating his cooperation agreement with the government and leading to his arrest as the trial progressed.

As they began their closing arguments, lawyers for the defense emphasized Tuesday that Howe is an unreliable witness who is attempting to save himself from jail time.

The prosecution tried to preempt that argument, with Zhou telling the jury he expected the defendants to attack Howe’s credibility. “They’re hoping to distract you from the clear evidence in this case. Don’t let them,” he said, emphasizing that Howe’s testimony was only a part of their case and that a massive paper trail implicated the defendants and did not depend on Howe. “You don’t need an insider’s view to convict these defendants.They convict themselves,” he said.

After Zhou concluded, lawyers for Percoco’s co-defendants took their turns tearing into Howe while describing their clients as unwitting victims of a “master manipulator” who has even fooled the government.

“The government’s case is heavily leveraged on Howe,” said Milton Williams, an attorney for Gerardi, a COR Development executive. Williams said Howe’s talent with the “magic phone call game” made him an effective operator who lobbied government officials and got things done with a simple phone call.

Howe, he said, controlled “the flow of information” between all the defendants and that Gerardi was “played for a fool” like the others. “It’s up to you to stop the damage of Todd Howe,” Williams told the jury.

COR executive Steven Aiello’s attorney, Stephen Coffey, did not hold back as he spent two hours painting the image of Howe as the mastermind who played both sides and entrapped his client in the different schemes that make up the charges. “The only person spinning this web tangled with lies...is Howe,” he said, describing Howe as a “walking, talking reasonable doubt.”

“If ever a man exemplified reasonable doubt, it’s Todd Howe,” he said.

Coffey also attempted to draw a line between the charges faced by Aiello and Gerardi as opposed to those faced by Kelly and Percoco. “Anything you find went on with the Kelly matter or the Percoco matter, we’re not involved in it,” he said. “There’s no ‘ziti’ with Steven Aiello and Joe Gerardi.”

CVP executive Peter Galbraith Kelly’s lawyer, Daniel Gitner, also addressed the jury Tuesday, portraying the relationship between his client and Percoco as a close friendship. “Braith’s actions were never the actions of a man who thought he’d rigged the system,” Gitner said, using a nickname for Kelly. “Quid pro nada,” he added.

Instead, Gitner said Kelly was simply a generous man who wanted to help a friend in financial distress with no expectation of any favors in return. “No such agreement was discussed. No such bargain was struck,” he said, explaining the circumstances of the how Kelly’s company gave a job to Percoco’s wife.

Gitner also accused the prosecution of attempting to “whitewash” Howe’s contribution to its case in closing statements after “touting” him in the trail’s opening remarks. Just over an hour into his closing, Gitner was barely halfway done before the court adjourned for the day. Closing arguments will continue and may conclude on Wednesday, possibly leading to initial jury deliberations the following day.

The trial has raised a number of questions about Governor Cuomo's knowledge of Percoco's behavior and ways in which Cuomo oversaw both his reelection campaign and government administration. Cuomo has declined to answer any media questions about the trial, saying it wouldn't be appropriate given the ongoing trial and his self-professed respect for the legal process.

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by Samar Khurshid, senior reporter, Gotham Gazette
     

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The 2018 Elections in New York


Andrew Cuomo voting

Gov. Cuomo votes (photo via The Governor's Office)


In 2018, New York will be home to elections for statewide seats including Governor, Lieutenant Governor, Attorney General, and Comptroller, as well as one of its two United States Senate seats. In all five positions but Attorney General, incumbent Democrats are seeking reelection. In three -- Governor, Lieutenant Governor, and Attorney General -- there are competitive primaries that will be decided Thursday September 13.

New York is also home this year to elections for all of its 27 seats in The House of Representatives -- races that will help determine which political party controls the chamber -- and in the state Legislature, with its 63 state Senate seats and 150 Assembly seats. The state Senate races will determine which party controls the chamber, which Republicans currently lead by a slight margin due to the defection of rogue Democrats. The Assembly is certain to remain solidly in Democratic hands.

Congressional primaries occured June 26; while primaries for the state-level elections will occur September 13. Election Day -- with the general election for all 2018 races -- will occur November 6. (There were also special elections April 24 to fill 11 vacancies in the state Legislature, two in the Senate and nine in the Assembly.)

As New Yorkers prepare to go to the polls for the September 13 primaries, which are largely on the Democratic side, and the November 6 general election, our ongoing election coverage:

Gotham Gazette's ongoing coverage of the 2018 elections in New York, with the most recent first:

My Vision for the Role of Public Advocate: Ron Kim by Ron Kim (December 2018)

Declared and Exploring Candidates for New York City Public Advocate by Ben Max & Ben Brachfeld (December 2018)

Handicapping the Public Advocate Special Election by Eli Valentin (December 2018)

New York Democrats Won Big on Election Night, But Many Legislative Wins Were Razor-Thin by Jim Brennan (December 2018)

Promising to 'Tell New Yorkers the Truth,' Mark-Viverito Launches Public Advocate Campaign by Ben Brachfeld & Ben Max (November 2018)

At First Debate, Candidates for Public Advocate Pitch Visions for the Role by Samar Khurshid (November 2018)

Agenda 2019: Queens District Attorney Race Will Center on Push for Reform by Samar Khurshid (November 2018)

LISTEN: Public Advocate Candidate Forum - Nov. 14, 2018 by Ben Max (November 2018)

Field for Public Advocate Special Election Comes Into Focus by Victor Porcelli & Ben Max

Max & Murphy Podcast: Analyzing 2018 Election Results & Looking Ahead to 2019, with Alyssa Katz of The Daily News by Ben Max & Jarrett Murphy of City Limits (November 2018)

Fix New York’s Broken Balloting and Election Laws by Jamie Ansorge (November 2018)

Max & Murphy Podcast: Election Day Live Show with Special Guests including Jumaane Williams & Errol Louis by Ben Max & Jarrett Murphy of City Limits (November 2018)

Voter Turnout Booms in New York by Ben Brachfeld (November 2018)

Cuomo Reelected, Democrats Take the State Senate; 2018 General Election Results in New York by Ben Max & Samar Khurshid (November 2018)

The 3 Big Reasons Why Elections in New York City are So Poorly Run by Samar Khurshid (November 2018)

Antonio Delgado Makes Final Pitch in Bid to Swing New York-19 by Brianna Zimmerman (November 2018)

Tax Issues at Center of State Elections, Albany Year to Come by Dave Colon (November 2018)

Keep the Party Dedicated to Women’s Equality Alive in New York by Susan Zimet (November 2018)

Vote Yes Three Times to Improve New York City Democracy by Alex Camarda (November 2018)

10 Things to Watch on Election Day in New York by Samar Khurshid (November 2018)

Running for Attorney General, Wofford Promises to Step Up Fighting Corruption, Step Back Fighting Wall Street by Annie Abreu (November 2018)

Without Cuomo, Other Candidates for Governor Present Ideas in Tempered Debate by David Colon (November 2018)

Max & Murphy Podcast: 'Minor Party' Candidates for Comptroller & Attorney General by Ben Max & Jarrett Murphy of City Limits (October 2018)

Molinaro Pledges Education 'State of Emergency,' Council of Mayors by Ben Brachfeld (October 2018)

Climate Change, and What To Do About It, Largely Missing from Governor’s Race by David Colon (October 2018)

In Attorney General Debate, James and Wofford Contrast Careers, Approaches to Cuomo and Trump by Samar Khurshid (October 2018)

Two-Tiered Agenda for Democrats If They Take State Senate by Victor Porcelli (October 2018)

Top Republican Strategist on Where the New York GOP Went Wrong and What To Do About It by Ben Brachfeld & Max (October 2018)

Gubernatorial Candidate Larry Sharpe Wants to Reinvent New York's Education System by Ben Brachfeld (October 2018)

Senate Democrats Full of Optimism About Flipping Chamber, One-Party Control of State Government by Victor Porcelli (October 2018)

In Run for New York City Public Advocate, Blake Offers Federal and State Experience by Ben Max (October 2018)

Max & Murphy Podcast: Cuomo-Molinaro Debate Analysis by Ben Max & Jarrett Murphy of City Limits (October 2018)

Max & Murphy Podcast: Rep. Dan Donovan by Ben Max & Jarrett Murphy of City Limits (October 2018)

Cuomo Takes Aggressive Approach to Molinaro in Debate with Limited Substance by Ben Max (October 2018)

Molinaro Reveals Reason He Didn’t Vote for Trump by Ben Max (October 2018)

Senate Republicans Leave Molinaro Out of Only Hope Messaging by David Colon (October 2018)

Max & Murphy Podcast: Battle for Control of the State Senate by Ben Max & Jarrett Murphy of City Limits (October 2018)

[Updated] Can Democrats win the state Senate? How progressive is Cuomo? New Yorkers are about to find out by Art Chang (October 2018)

'Speaker Heastie PAC' Gives to James for AG, Skoufis for Senate by Samar Khurshid (October 2018)

Brewer Creates Committee to Oppose Charter Revision Proposals by Samar Khurshid (October 2018)

Democrats in Swing Districts Run On, Not From, Single-Payer Health Care by David Colon (October 2018)

WATCH: State Comptroller Candidate Debate by Ben Max (October 2018)

Is this the Election that Kills Fusion Voting in New York? by David Colon (October 2018)

Comptroller Candidates Debate Powers and Responsibilities of State's Top Fiscal Officer by Samar Khurshid (October 2018)

Max & Murphy Podcast: Republican Attorney General Nominee Keith Wofford by Ben Max & Jarrett Murphy of City Limits (October 2018)

Max & Murphy Podcast: Larry Sharpe, Libertarian nominee for Governor by Ben Max & Jarrett Murphy of City Limits (October 2018)

Cuomo Challengers Level Critiques; Will Anything Stick? by Samar Khurshid (October 2018)

A Lifelong Democrat and Famed Civil Rights Attorney, Michael Sussman Runs for Attorney General as a Green by Victor Porcelli (October 2018)

Klein, Filing Late Post-Primary, Shows Over $3 Million in Senate Campaign Spending by Samar Khurshid (October 2018)

Max & Murphy Podcast: Comptroller Tom DiNapoli by Ben Max & Jarrett Murphy of City Limits (October 2018)

Max & Murphy Podcast: Jonathan Trichter, Republican nominee for Comptroller by Ben Max & Jarrett Murphy of City Limits (October 2018)

Cuomo Begins Push to Flip State Senate and House of Representatives by Samar Khurshid (October 2018)

New York Congressional Races to Watch - Start of October by Sam Raskin (October 2018)

How ‘Blue’ is New York? by Ben Brachfeld (September 2018)

Max & Murphy Podcast: Stephanie Miner, Serve America Movement Nominee for Governor by Ben Max & Jarrett Murphy of City Limits (September 2018)

Max & Murphy Podcast: Howie Hawkins, Green Party Nominee for Governor by Ben Max & Jarrett Murphy of City Limits (September 2018)

Post-Primary Campaign Finance Filings Show Cuomo’s Already Spent $28 Million by Samar Khurshid (September 2018)

Cuomo and His Progressive Critics Face Moment of Truth by Sam Raskin (September 2018)

Gubernatorial Candidates Miner, Sharpe & Hawkins Lay Out Campaign Platforms, Cases Against Cuomo by Sam Raskin (September 2018)

Democrats Target Previously Ignored Brooklyn Shot at State Senate Majority by Samar Khurshid (September 2018)

After Primary Wins, Progressive Activists Eye Flipping State Senate Seats, and Wide Majority by Samar Khurshid (September 2018)

Max & Murphy Podcast: Marc Molinaro, Republican Nominee for GovernorMax & Murphy Podcast: Marc Molinaro, Republican Nominee for Governor by Ben Max & Jarrett Murphy of City Limits (September 2018)

Max & Murphy Podcast: Primary Post-Mortem with Rebecca Katz, Top Cynthia Nixon Strategist by Ben Max & Jarrett Murphy of City Limits (September 2018)

Surging Democratic Voter Turnout in New York City May Mean Greater Importance in State Elections by Jim Brennan (September 2018)

Republican Slate Seeks to End Statewide Drought by Ben Brachfeld & Samar Khurshid

How Insurgent Forces Activated, Educated and Brought the IDC Down by Samar Khurshid (September 2018)

A Closer Look at Democratic Primary Turnout, Margins and Geography by Sam Raskin (September 2018)

The Real Story of Cuomo’s Dominant Primary Win by Howard Glaser (September 2018)

2018 New York State Primary Results: Cuomo, Hochul, James Prevail While Senate Upsets Abound by Ben Max (September 2018)

Cuomo and Hochul Win Primaries, Again Form Democratic General Election Ticket by Samar Khurshid (September 2018)

James Eyes Statewide History as Democratic Attorney General Nominee by Sam Raskin (September 2018)

Teachout-Maloney Battle May Help James Win Attorney General Nomination by Sam Raskin (September 2018)

Max & Murphy Podcast: Primary Day Is Here by Ben Max & Jarrett Murphy of City Limits (September 2018)

Ahead of Primary, Cuomo Gives Limited Insight into Third Term Agenda by Samar Khurshid (September 2018)

A Closer Look at the Democratic Attorney General Candidates’ Legal Careers by Sam Raskin (September 2018)

Last-Minute Guide to Voting on Primary Day, September 13 by Ben Brachfeld (September 2018)

Get Ready to Vote in the Hochul-Williams Lieutenant Governor Primary by Sam Raskin (September 2018)

How ‘Independent’ Must the New York Attorney General Be? by Gerald Benjamin (September 2018)

One of the State's Most Powerful Unions Tries to Take Down One of Its Most Powerful Politicians by Samar Khurshid (September 2018)

Vacancy in the Public Advocate's Office? Call the City Council Speaker by Samar Khurshid (September 2018)

Max & Murphy Podcast: Final Days of the Lieutenant Governor Primary by Ben Max & Jarrett Murphy of City Limits (September 2018)

In Brooklyn, Blake Morris Tries to Upend the State Senate Power Balance All By Himself by Ben Brachfeld (September 2018)

Statewide Candidates File Final Pre-Primary Campaign Finance Disclosures by Samar Khurshid (September 2018)

Candidates in Contested State Senate Primaries File Final Pre-Primary Financials by Samar Khurshid (September 2018)

Potentially Crowded Public Advocate Special Election Could Feature Two Former Council Speakers by Samar Khurshid (September 2018)

WATCH: Lieutenant Governor Democratic Primary Debate Between Kathy Hochul and Jumaane Williams moderated by Ben Max (August 2018)

Alleging Lies, Molinaro Seeks to Have Cuomo Attack Ad Pulled by Chelsey Sanchez (August 2018)

Hochul Asserts Previously Unmentioned Role in Anti-Sexual Harassment Laws by Sam Raskin (August 2018)

Max & Murphy Podcast: Intense Queens Senate Primary Centers on Delivering for Immigrant Communities, with Jessica Ramos & State Senator Jose Peralta by Ben Max & Jarrett Murphy of City Limits (August 2018)

Hochul, Williams Outline Drastic Differences in Lieutenant Governor Debate by Sam Raskin (August 2018)

Arguing Throughout, Cuomo and Nixon Debate Experience and Vision by Samar Khurshid (August 2018)

Nixon Says 'Narrow Path' to Victory Paved with Newly-Registered Progressives Polls ‘Not Capturing’ by Samar Khurshid (August 2018)

Opponents Target Teachout as Democratic Attorney General Candidates Debate Role and Resumes by Samar Khurshid (August 2018)

How Ronald Reagan’s 1966 Run for Governor Prefaced Cynthia Nixon’s Today by Caitlin Bishop (August 2018)

Pressed on SAFE Act, Teachout Downplays Past Opposition by Sam Raskin (August 2018)

Being Labeled the ‘Sheriff of Wall Street’ Isn't Enough by attorney general candidate Letitia James (August 2018)

Running for Attorney General, James Takes Strong Atlantic Yards Record Too Far by Norman Oder (August 2018)

Manhattan Senate Debate Offers Another Round of IDC Argument, Few Ideas to Fix NYCHA or the MTA by Chelsey Sanchez (August 2018)

'Speaker Heastie PAC' Brings in Big Money from Special Interests, Starts Giving to Candidates by Samar Khurshid & Ben Brachfeld (August 2018)

Rep. Jeffries Backs Gov. Cuomo for Reelection by Chelsey Sanchez & Ben Max (August 2018)

Some New York Democrats are Backing Nixon for Governor and James for Attorney General by Samar Khurshid & Ben Max (August 2018)

Max & Murphy Podcast: Preparing for Primary Day by Ben Max & Jarrett Murphy of City Limits (August 2018)

Democratic Attorney General Candidates Seek to Set Themselves Apart During First Televised Debate by Ben Brachfeld (August 2018)

At Brooklyn Forum, Nixon Pitches Policy, Criticizes Cuomo and Distances from De Blasio by Samar Khurshid (August 2018)

What You Can Learn From Gubernatorial Candidates' Campaign Websites by Chelsey Sanchez (August 2018)

Democratic Candidates for Governor and Lieutenant Governor File Pre-Primary Fundraising Numbers by Samar Khurshid (August 2018)

Ahead of Primary, Democrats Running for Attorney General File Campaign Finance Disclosures by Ben Brachfeld (August 2018)

How Much Does Brooklyn Congressional Primary Result Show Path in Overlapping State Senate Race? by Daniel Yadin (August 2018)

Rematch of Tight Manhattan Senate Primary Takes Shape in Different Political Environment by Chelsey Sanchez (August 2018)

Independence from Cuomo, or Lack Thereof, Becomes Flashpoint in Attorney General Race by Chelsey Sanchez & Ben Max (August 2018)

Running for Attorney General, James Outlines Initial Policy Platform by Ben Brachfeld (August 2018)

Max & Murphy Podcast: Queens State Senate Rematch Features Different Kinds of Democrat by Ben Max & Jarrett Murphy of City Limits (August 2018)

Max & Murphy Podcast: Attorney General Candidate Sean Patrick Maloney by Ben Max (August 2018)

Cuomo Brought Rogue Democrats Back, But Hasn't Offered or Accepted Endorsements by Samar Khurshid (August 2018)

Cuomo and Legislative Leaders Silent Amid Intensifying Calls for Sexual Harassment Hearings by Samar Khurshid (August 2018)

Key to Victory, Black Voters Appear Solidly Behind Cuomo Over by Mike Vilensky Nixon (August 2018)

Max & Murphy Podcast: Manhattan State Senate Rematch Centered on Breakaway Democrats by Ben Max (August 2018)

In Wide Open Lieutenant Governor Primary, Hochul Targets Votes in Williams’ Backyard by Ben Brachfeld & Ben Max (August 2018)

'Undecided' Leads Competitive Democratic Attorney General Primary by Samar Khurshid & Ben Max (August 2018)

What New York Voters Care About Ahead of State Elections by Ben Brachfeld & Ben Max (July 2018)

Eyeing Ad Revenue and Antitrust Laws, Teachout Targets Tech Giants in Wake of Daily News Layoffs by Ben Brachfeld (July 2018)

Max & Murphy Podcast: Attorney General Candidate Leecia Eve by Ben Max & Jarrett Murphy of City Limits (July 2018)

In Midst of Attorney General Campaign, Teachout to Join New York Bar by Ben Max (July 2018)

In Democratic Senate Primary, Barkan Criticizes Gounardes for Embracing 'Anti-Immigrant' Reform Party Leader by Samar Khurshid (July 2018)

Leading Immigrant-Advocacy Group Backs Ramos in Bid to Unseat Peralta by Chelsey Sanchez (July 2018)

Inside the Democratic Attorney General Candidates’ July Campaign Finance Filings by Ben Brachfeld (July 2018)

Max & Murphy Podcast: Letitia James & the Attorney General Primary by Ben Max & Jarrett Murphy of City Limits (July 2018)

The July Financial Picture for Former Breakaway Democrats and Their Primary Challengers by Samar Khurshid (July 2018)

Statewide Candidates File July Fundraising Numbers by Samar Khurshid (July 2018)

Amid Primary Fights, Cuomo and Hochul Increase Frequency of Joint Governmental Events by Ben Brachfeld & Ben Max (July 2018)

Assembly Race Poses Another Test for Queens Machine by Samar Khurshid (July 2018)

The Cynthia Nixon-Working Families Party Back-up Plan by Ben Max (July 2018)

I’m with Cynthia Because She Stands for Schools, Not Jails by Antonio Reynoso (July 2018)

New York Democrats’ Season of Choosing by Samar Khurshid (July 2018)

Max & Murphy Podcast: Attorney General Candidate Zephyr Teachout by Ben Max & Jarrett Murphy of City Limits (July 2018)

EMILY’s List Backs Hochul for Reelection as Lieutenant Governor by Ben Max (July 2018)

Running for State Senate, Julia Salazar Attempts Progressive Primary Upset by Daniel Yadin (July 2018)

Democratic Candidates for Attorney General Plant Campaign Flags by Ben Brachfeld & Ben Max (June 2018)

A Closer Look at Voter Turnout in 2018 New York Congressional Primaries by Ben Brachfeld (June 2018)

New York General Election Congressional Matchups to Watch by Samar Khurshid & Daniel Yadin (June 2018)

Molinaro Starts Campaign on Attack, Policy Plans to Come by Shant Shahrigian (June 2018)

Ocasio-Cortez Upsets Crowley, Donovan Defeats Grimm & Other 2018 New York Congressional Primary Results by Ben Max & Ben Brachfeld (June 2018)

Hochul: Divided Democratic Party Only Benefits Republicans by Caitlin Bishop (June 2018)

Donovan, Grimm in Final Days of Contentious Congressional Primary by Jordan Kimmel & Chelsey Sanchez (June 2018)

Democratic Campaign Chief: Even a ‘Blue Trickle’ Will Flip State Senate by Shant Shahrigian (June 2018)

Andrea Stewart-Cousins on Democratic Unity and the ‘Value’ of Primaries by Chelsey Sanchez (June 2018)

Citing Broken Cuomo Promises, Nixon Unveils Campaign Finance Reform Plan by Samar Khurshid (June 2018)

Max & Murphy Podcast: Lieutenant Governor Kathy Hochul by Ben Max & Jarrett Murphy of City Limits (June 2018)

On Taxes, the MTA and More, Molinaro Discusses Developing Campaign Platform by Shant Shahrigian (June 2018)

New York Congressional Primaries to Watch Ahead of June 26 Vote by Jordan Kimmel & Daniel Yadin (June 2018)

Teachout Launches Attorney General Campaign with Focus on Trump by Ben Brachfeld (June 2018)

Max & Murphy Podcast: Senate Democratic Leader Andrea Stewart-Cousins by Ben Max & Jarrett Murphy of City Limits (June 2018)

Inside Cynthia Nixon’s Developing Campaign Infrastructure by Caitlin Bishop (May 2018)

Stephanie Miner Diagnoses What’s Wrong with New York Politics by Caitlin Bishop (May 2018)

Max & Murphy Podcast: State Party Conventions & Nominations by Ben Max & Jarrett Murphy of City Limits (May 2018)

Rallying Volunteers, Nixon Responds to Democratic Convention Result by Caitlin Bishop (May 2018)

Max & Murphy Podcast: State Party Conventions & Nominations by Ben Max & Jarrett Murphy of City Limits (May 2018)

Three Themes to Watch at State Democratic Convention by Samar Khurshid (May 2018)

Cuomo-Launched Women’s Equality Party Will Soon Make Statewide Nominations by Ben Max (May 2018)

Party Nominations for Statewide Elections Come Into Focus by Ben Max (May 2018)

James Victory in Attorney General Race Would Trigger Citywide Special Election by Samar Khurshid (May 2018)

Letitia James Launches Campaign for Attorney General by Samar Khurshid (May 2018)

Exploring Attorney General Run, Zephyr Teachout Pursues Working Families Nomination, Democratic Ballot Line by Ben Max (May 2018)

The Contradictions of Cross-Endorsements in the Governor’s Race by Howie Hawks (May 2018)

Marc Molinaro and The Trump Question by Ben Max (May 2018)

Defining 'Real Democrat,' Cynthia Nixon Offers Early Policy Platform by Ben Max & Matthew Sweeney (May 2018)

Max & Murphy Podcast: Political Purity Tests in New York by Ben Max & Jarrett Murphy of City Limits (April 2018)

As Cuomo Chooses Democratic Unity, Party Activist Base Chooses Nixon by David Colon (April 2018)

Special Election Results for 11 State Legislative Seats by Ben Max (April 2018)

Progressives Draft Convention Resolution to Allow Unaffiliated Voters in Democratic Primary by Samar Khurshid (April 2018)

Progressives Draft Convention Resolution to Allow Unaffiliated Voters in Democratic Primary by Ashley Hupfl (April 2018)

Major Cuomo Supporters Don’t Want a Democratic State Senate by Ben Brachfeld (April 2018)

Republican Governors Association ‘Keeping Close Eye’ on New York by Samar Khurshid (April 2018)

Cuomo's Progressive Promises, Reminiscent of Four Years Ago, Received Differently by Sam Raskin (April 2018)

Molinaro Outlines Initial Ethics and Campaign Finance Reform Agenda by Ben Max (April 2018)

Nixon Candidacy Spotlights Education Advocacy Group by Samar Khurshid (April 2018)

After Government Investment, Cuomo Taps Brewing Industry for Campaign Contributions by Shant Shahrigian (April 2018)

Cuomo, State Democrats Issue Misleading Pleas About Flipping Senate by Samar Khurshid (April 2018)

Nixon-Cuomo Primary Spotlights Role of State Democratic Party by Samar Khurshid (April 2018)

In Run for Governor, Marc Molinaro Will Make a Character Argument by Ben Max (March 2018)

Cynthia Nixon Recently Re-registered to Vote in Manhattan by Ben Max (March 2018)

‘Sex and the City’ Likely to Stay on Air Through Nixon-Cuomo Primary by Ben Brachfeld (March 2018)

Cuomo Campaign Removes Misleading Boast of Old Endorsements by Samar Khurshid (March 2018)

Cynthia Nixon Announces Democratic Primary Challenge to Governor Cuomo by Samar Khurshid (March 2018)

Molinaro Emerges on Top After Manhattan GOP Gubernatorial Candidate Forum by Samar Khurshid (March 2018)

Progressive Groups Endorse Democrat in Key Westchester Senate Race by Samar Khurshid (March 2018)

Molinaro Emerges on Top After Manhattan GOP Gubernatorial Candidate Forum by Samar Khurshid (March 2018)

Max & Murphy Podcast: A Journalist Runs for State Senate A Journalist Runs for State Senate by Ben Max & Jarrett Murphy (March 2018)

Poll Targeting Brooklyn District Gauges Anti-IDC Sentiment by Rachel Silberstein (March 2018)

Fierce Cuomo Critics, De Blasio-Allied Advisors Have Been ‘Ready for Cynthia’ by Samar Khurshid (March 2018)

Senate Candidates Outline Primary Campaigns Against ‘Trump Democrats by Matthew Sweeney & Ben Max (March 2018)

Max & Murphy Podcast: IDC Challengers Robert Jackson & Jessica Ramos by Ben Max & Jarrett Murphy (February 2018)

As Hochul Pushes Cuomo Agenda, Williams Takes on Both in Primary Challenge by Rachel Silberstein (February 2018)

Max & Murphy Podcast: Lieutenant Governor Candidate Jumaane Williams by Ben Max & Jarrett Murphy (February 2018)

11 Special Elections Set for April 24 by Rachel Silberstein (February 2018)

Staten Island Activist Eyes Primary Challenge to IDC Senator Savino by Rachel Silberstein (February 2018)

Running Without Establishment Support, IDC Challengers Show Initial Fundraising Strides by Rachel Silberstein (January 2018)

2018 Will Be a Busy, Contentious Election Year in New York by Matthew Sweeney (January 2018)

City Council Member Jumaane Williams to Explore Run for Lieutenant Governor by Ben Max (January 2018)

Possible GOP Gubernatorial Candidates Weigh Chances to Unseat Cuomo by Rachel Silberstein (November 2017)

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by Ben Max, Gotham Gazette
     

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Max & Murphy Podcast: IDC Challengers Robert Jackson & Jessica Ramos


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Ben Max, left, of Gotham Gazette, and Jarrett Murphy, right, of City Limits


February 26, 2018 - Max & Murphy Podcast: IDC Challengers Robert Jackson & Jessica Ramos

ramos jackson podcast 277

Jessica Ramos and Robert Jackson have launched Democratic primary challenges to two state senators who are members of the Independent Democratic Conference (IDC), a group of eight breakaway Democrats that forms a ruling coalition with the Senate Republican majority. Ramos, a former aide to Mayor Bill de Blasio, and Jackson, a former City Council member, joined the podcast to explain their reasons for running, their criticisms of the IDC, and what they would hope to bring to Albany and their districts if elected this fall.

Ramos is taking on Senator Jose Peralta in their Queens district, while Jackson is taking on Senator Marisol Alcantara in their Manhattan district. The two challengers did not hold back in criticizing the IDC members, saying the "Trump Democrats" had turned their back on voters and that propping up a GOP majority is bad for the city and the state overall when it comes to policies like rent regulations, education funding, and more.

Listen to the full conversation and let us know what you think -- we're on Twitter @TweetBenMax and @JarrettMurphy, with guests Robert Jackson (@RJackson_NYC) & Jessica Ramos (@JessicaRamos). You can listen to the episode through the embedded audio below or download the episode wherever you get your podcasts.

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by Ben Max, Gotham Gazette
     

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Cuomo Criticizes Scott's Florida Gun Control Plan, Despite Relative Strengths


Cuomo SAFE Act

Cuomo in 2013 (photo: The Governor's Office)


Governor Andrew Cuomo sharply critiqued his counterpart from Florida, Rick Scott, on CNN on Friday, criticizing Scott’s Action Plan on gun safety in the wake of the massacre at Marjory Stoneman Douglas High School as “incremental” and unlikely to have a real impact. Cuomo, a second-term Democrat, is known for his landmark 2013 gun control law, the SAFE Act, which he pushed through after the mass killing of children and teachers at Sandy Hook Elementary School in Connecticut in late 2012, and has been vocal on the need for reforms across the country.

After receiving heavy criticism over his state’s lax gun laws in the wake of the killing of 17 at the school, Scott, a Republican, issued his new plan, which includes provisions such as banning bump stocks, raising the minimum age to buy a firearm to 21, restrictions and prohibitions on firearms purchases for mentally ill people and domestic abusers, and more funding for school safety and mental health treatment.

Cuomo, in an interview with CNN’s Jake Tapper, said the proposals, which Tapper thought Cuomo would approve of, dance around the issue. Cuomo indicated Scott was stopping short of implementing more meaningful measures to prevent gun violence, such as universal background checks, more stringent prevention of mentally ill people from acquiring weapons, better information sharing and a red-flag warning system, and, perhaps most significantly, a ban on certain assault weapons, which he defines as having “military style” accessories such as large clip sizes, and certain grips and scopes.

In doing so, Cuomo appeared to outline his set of proposals for national gun reform, though he did not give Scott credit for the reform measures outlined by the Florida governor, some of which would make for tighter controls than exist in New York.

“Why don’t we start by saying what the real problem is and what the real solution is,” said Cuomo, who had just launched “States for Gun Safety,” a new coalition. “The real problem is not just schools. It is society wide. These shootings can happen Anywhere, USA, anytime.”

Cuomo criticized a proposal floated by Republicans, including President Donald Trump, and the National Rifle Association, to arm teachers to protect against mass shooters.

“The answer that the NRA wants to hear is, the answer is more guns. The answer isn’t more guns. The answer is making sure that people who shouldn’t have guns don’t have guns. And this has been going on for 20 years,” Cuomo said.

Two of the main areas where Cuomo criticized the Scott proposal are areas where New York would actually be behind Florida if Scott’s proposal becomes law: New York does not require a buyer of rifles or shotguns to be 21, and bump stocks can be acquired legally in the state.

The Florida proposal -- which is still a long way from passage -- would prohibit any person under the age of 21, with the exception of military and law enforcement officers, from possessing any firearm. In New York, only handguns are prohibited for those under 21; 18 year olds can purchase rifles or shotguns.

Raising the age for firearm purchases appears to be one of the few gun control proposals gaining widespread steam among Republicans. In New York, the proposal has been endorsed by Congressional Rep. John Faso, a Republican who represents several rural upstate counties.

A spokesperson for Governor Cuomo told Gotham Gazette that raising the age for purchases would not be effective. The spokesperson cited the shootings in Virginia Tech, Tucson, Aurora, San Bernardino, Las Vegas, and Sutherland Springs, all of which were committed by an individual over the age of 21.

“The [Florida] proposals do not go far enough,” said the spokesperson. “The 21 age limit in particular is barely scratching the surface, New York has already banned affixing bump stocks to guns and the $500 million fund would allow them to put police officers in schools, which the governor does not support. They are incremental steps and more needs to be done.”

Governor Scott’s office declined to respond to Cuomo’s comments, instead directing Gotham Gazette to the press release with Scott’s proposals.

On CNN, Cuomo, who is known for and boasts about being able to craft compromise with a Republican State Senate, said that gun control was too serious an issue to be constrained by the "trap" of thinking within considerations of political feasability.

It is illegal in New York State to affix a gun with a bump stock, an instrument that can turn a semiautomatic rifle into an automatic rifle, owing to the state’s and the federal bans on machine guns. But bump stocks can still be purchased separately, and be illegally affixed to the weapon.

The SAFE Act articulates stricter terms for assault weapons prohibitions and universal background checks, but the Florida proposal places more emphasis on school security than seen in New York. Not all schools in New York are equipped with a School Resource Officer, while Scott has called for an SRO in every school, and proposed funding for one officer per 1,000 students across the state, to be enacted next school year.

While the SAFE Act banned new sales of assault-style weapons, it allowed already-existing such guns to remain lawfully owned, as long as their owners register them. There are roughly 44,000 registered assault-style weapons in New York, Cuomo has said repeatedly of late, including on CNN, where he also said the country should institute a ban while carefully defining “assault weapon.”

Cuomo has also indicated that gun violence has decreased significantly in New York since the SAFE Act was passed. However, not all parts of the SAFE Act have been fully implemented. The database tracking ammunition sales like gun sales has still not been created. Cuomo and Senate Republicans agreed to suspend the development of the database in 2015, and the Senate has still not agreed to fund the measure, leaving it unenforced despite its codification in law.

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by Ben Brachfeld, Gotham Gazette

Read more by this writer.

The Week Ahead in New York Politics, February 26


New York City Hall

New York City Hall


What to watch for this week in New York politics:

It's a very busy week in New York politics, including a packed week at the City Council, two days of legislative session in Albany, and much more. The week spans the final days of February and first days of March, which is the key month for budget negotiations in the state capital - the new state fiscal year begins April 1. Expect state budget discussions to heat up mid-March, but there are ongoing negotiations, disagreements, and controversies.

As the week begins, issues at NYCHA continue to be a focus, and the Independent Democratic Conference (IDC) of the state Senate will release a new report Monday about issues at the public housing authority. There is also a lot of focus, nationally and in New York, on school safety and gun control, with Governor Andrew Cuomo out front on the latter, touting his gun control accomplishments and working with other northeastern governors to move ahead on new information sharing and reforms, while also criticizing proposals by President Donald Trump and others, such as arming more teachers.  

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

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***

The run of the week in detail:

Monday
"On Monday, Mayor de Blasio and Police Commissioner O’Neill will deliver remarks at a street sign dedication ceremony honoring Officer Edward Byrne." The event will take place at noon at the 103rd Precinct in Jamaica. "In the evening, the Mayor will appear live on NY1’s Inside City Hall with Errol Louis."

On Monday at 9:30 a.m. in the Bronx, the de Blasio administration, led by Deputy Mayor for Health and Human Services Dr. Herminia Palacio and Department of Social Services Commissioner Steven Banks, and elected officials "will announce that the Department of Homeless Services has ended the use of more than 42 percent of cluster units citywide as part of the its commitment to phasing out the 18-year-old stop-gap cluster site program. Combined with Mayor de Blasio’s announcement in December that the City will convert another 800 cluster units to permanent affordable housing, the City will have reduced the use of cluster units by more than 60 percent citywide. Last year, Mayor de Blasio announced “Turning the Tide on Homelessness in New York City,” his borough-by-borough plan for addressing the challenge of homelessness, which affects every community across the five boroughs. To address and transform a shelter system that expanded in a haphazard way over the past four decades, the Mayor’s plan will completely end the use of all 360 cluster sites and commercial hotel facilities citywide, while opening a smaller number of 90 new and more effective borough-based shelters. The City has committed to ending the use of all cluster sites by 2021."

At the City Council on Monday:
--The Subcommittee on Zoning and Franchises will meet at 9:30 a.m.
--The Committees on the Justice System and Public Safety will meet jointly at 10 a.m. for an oversight hearing regarding enforcement of marijuana laws, to discuss a proposed law “requiring the police department to submit reports on the enforcement of marijuana possession,” and to discuss a resolution “urging the New York State Legislature to amend the Penal Law Section 130.05 to include individuals in police custody as being categorically incapable of consenting to sexual conduct with a police officer.”
--The Committees on Fire & Emergency Management and Housing & Buildings will meet jointly at 10 a.m. for an oversight hearing regarding “issues related to recent residential fires,” and to discuss several proposed laws relating to fire safety measures in the home.
--The Subcommittee on Landmarks, Public Siting, and Maritime Uses will meet at noon.
--The Committee on Transportation will meet at 1 p.m. to discuss a proposed law relating to “reports on pedestrian plazas.”
--The Committee on Finance will meet at 1 p.m. for an oversight hearing regarding the “impact of the federal tax law on New York City.”
--The Committee on Environmental Protection will meet at 1 p.m. for an oversight hearing regarding “facilitating the use of wind power in New York City,” and to discuss several proposed laws relating to wind energy and to energy efficiency in buildings.
--The Subcommittee on Planning, Dispositions, and Concessions will meet at 2 p.m.

“On Monday, February 26, 2018 at 10:30am in Borough Hall, Borough President James S. Oddo will unveil a new public education campaign on sleep and its impact on our physical, emotional, and mental health, and on the ability of kids to learn. A component of this initiative will also be an anti-drowsy driving campaign.”

"On Monday, February 26 at 11:00 a.m., New Yorkers Against Hidden Predators (NYAHP), an organization of advocates and sex abuse survivors from across New York, will hold a press conference at State Senator Martin Golden’s district office in Brooklyn, calling on the senator to stop blocking passage of the Child Victims Act. The bill would raise the statute of limitations in New York to prosecute and file civil claims against predators who have sexually abused children. Golden has been a public opponent of the bill and previously said he did not see an “impetus” to pass the legislation, denying victims a right to receive justice."

Lieutenant Governor Kathy Hochul has three public events Monday: at 11:30 a.m. she will highlight state investments in downtown Cortland at ribbon cutting of mixed-Use building; at 12:15 p.m., she will tour downtown Cortland and visit businesses with Mayor Brian Tobin; and at 6:45 p.m., she will be a guest on "the 200th Radio Show of "Reaching Out With Gregory Floyd" on AM 970."

At noon Monday at 250 Broadway in Manhattan: "The Independent Democratic Conference, with advocates and impacted tenants, will release a bombshell report, “The New Flint,” comparing the lead crisis facing residents of the New York City Housing Authority with the lead crisis that captivated a nation in Flint, Michigan. Along with a new survey of NYCHA residents on lead paint, the senators will also lay out a comprehensive package of legislation to protect residents from the failures of the Authority." Participants in the press conference will include IDC Senators Jeff Klein; Jesse Hamilton; Diane Savino; and Marisol Alcantara; and representatives from Community Voices Heard.

"On Monday at 5:00 PM, Brooklyn Borough President Eric L. Adams and Brooklyn Arts Council (BAC) Executive Director Charlotte Cohen will join representatives from small local arts organizations across the borough, including the Brooklyn Raga Massive, Fort Greene Park Conservancy, Fulton Art Fair, and Regina Opera Company in announcing $22,500 in new Destination>Brooklyn mini-grants to advance cultural tourism across the borough. The grant program, now in its third year of operation, supports the promotion of these local artistic groups to a broader audience through the creation, production, and distribution of print promotional materials, funded by the Office of the Brooklyn Borough President and NYC & Company Foundation. The announcement will take place at Cora Dance."

At 6 p.m. Monday, Manhattan Borough President Gale Brewer will host a celebration of Black History Month at the Apollo Theater in Harlem. Brewer will honor five "black activists" at the event: Hawk Newsome, President, Black Lives Matter of Greater New York; Kemah George, Community Engagement Manager, New York Immigration Coalition; Nkechi Ogbodo, Founder, Kechie’s Project; Leslie LaRue, TransJustice Fellow, Audre Lorde Project; and Samuel Sinyangwe, Co-Founder, Campaign Zero and Planning Team Member, OurStates.

On Monday at 6:30 p.m., “Council Member Van Bramer will honor the achievements of distinguished community leaders at the 8th Annual Black History Month Celebration. The Council Member will present the Distinguished Public Service Award to NYPD Commanding Officer of Patrol Borough Queens North, Assistant Chief Juanita Holmes who made history by becoming the first African American female to command a NYC Patrol Borough.”

Tuesday
At the City Council on Tuesday:
--The Committee on the Justice System will meet at 10 a.m. for an oversight hearing regarding “issues with criminal discovery practices.”
--The Committee on Health will meet at 10 a.m. for an oversight hearing regarding the Department of Health and Mental Hygiene’s Center for Health Equity.
--The Committee on Education will meet at 10 a.m. for an oversight hearing regarding Community Schools and Renewal Schools, and to discuss a proposed law relating to “requiring the department of education to provide school-level data regarding students receiving special education services.”
--The Committee on Land Use will meet at 11 a.m.
--The Committees on Mental Health, Disabilities, & Addiction and General Welfare will meet jointly at 1 p.m. for an oversight hearing regarding “opioid overdoses among NYC’s homeless population,” to discuss a resolution “calling upon the New York City Department of Education to include drug awareness education concerning opioids in the school curriculum,” and to discuss several proposed laws relating to matters such as a needle exchange program, distribution of educational materials on opioids in schools, and training and reporting requirements for opioid antagonists such as Naloxone.
--The Committee on Contracts will meet at 1 p.m. for an oversight hearing regarding the Returnable Grant Fund.

The New York State Legislature will be in session on Tuesday in Albany.

The Joint Commission on Public Ethics will meet on Tuesday in Albany.

At 8 a.m. Tuesday, Crain’s New York Business will host Port Authority Executive Director Rick Cotton for a “Business Breakfast Forum” at the New York Athletic Club, discussing “the Port Authority’s three major airports, plans for a new bus terminal and other infrastructure priorities.”

At 8:15 a.m. Tuesday, the New York City Bar Association will host Maria Vullo, Superintendent of the New York State Department of Financial Services, for a discussion on “the department’s priorities in 2018, plus a recap of 2017’s most noteworthy developments.”

At 10 a.m. Tuesday, the Board of Standards and Appeals will hold a public hearing at Spector Hall.

On Tuesday at 11 a.m. at the Capitol in Albany, "VOCAL-NY and other grassroots groups from around New York State will rally to demand Gov. Andrew Cuomo align himself with the criminal justice proposals put forward by the leaders of his own party in the New York State Senate."

At 11:15 a.m. Tuesday, the New York Metropolitan Transportation Council will hold its annual meeting at City College’s Shepard Hall. Kathryn Wylde, President of the Partnership for New York City, will deliver keynote remarks.

At 1:30 p.m. Tuesday, the New York City Board of Elections will hold a commissioners’ meeting.

At 5:30 p.m. Tuesday, City Council Speaker Corey Johnson, Council Members Mark Gjonaj, Ritchie Torres, and Andrew Cohen, among otheres, will celebrate the tenth anniversary of Kosovo’s independence in the Council Chambers.

At 6:30 p.m. Tuesday, City Council Member Adrienne Adams and Schools Chancellor Carmen Fariña will hold a town hall meeting at MS 217 in Jamaica, Queens.

Wednesday
At the City Council on Wednesday:
--The Committee on Criminal Justice will tour Rikers Island starting at 10 a.m.
--The Committee on Small Business will meet at 10 a.m. for an oversight hearing regarding the “SBS role in supporting microbusinesses.”
--The Committee on Cultural Affairs will meet at 10 a.m. for an oversight hearing regarding “art as resistance state in Trump’s America.”
--The Committee on Parks and Recreation will meet at 10 a.m. for an oversight hearing regarding an “update on the Parks Department’s Equity Initiatives.”
--The Committee on Aging will meet at 10 a.m. for an oversight hearing regarding home repairs for seniors.
--The Committees on Women and Civil & Human Rights will meet jointly at 1 p.m. for an oversight hearing regarding “sexual harassment best practices/policies in New York City.”
--The Committee on Hospitals will meet at 1 p.m. for an oversight hearing “examining the status of ‘One New York: Health Care for Our Neighborhoods’.”
--The Committee on Technology will meet at 1 p.m. for an oversight hearing regarding “federal overhaul of the Lifeline Program and its effect on low-income New Yorkers.”
--The Committee on Juvenile Justice will meet at 1 p.m. for an oversight hearing “examining the continuum of NYC’s juvenile justice system.”

The New York State Legislature will be in session on Wednesday in Albany.

At 8:30 a.m. Wednesday, the New York City Bar Association will host “New York State Environmental Year in Review,” discussing “the past year’s most significant developments in New York State environmental law.” Speakers will include Thomas Berkman, General Counsel for the New York State Department of Environmental Conservation; Donna DeCostanzo, of the Natural Resources Defense Council; Scott Fein, of Whiteman, Osterman & Hanna LLP; Michael Gerrard of Columbia Law; Philip Weinberg of St. John’s Law School; and Amy Turner, of NYC Climate Action Alliance.

At 10 a.m. Wednesday, the City Planning Commission will hold a public meeting at 120 Broadway.

At 11 a.m. Wednesday, City & State will host its “NYC Power 100 Luncheon” at Battery Gardens in Battery Park City. Former Police Commissioner Bill Bratton will deliver a keynote address.

At 5:30 p.m. Wednesday, the Senate Joint Task Force on Heroin and Opioid Addiction will meet at the Arts Center Theater in Hudson, Columbia County for a community forum “to explore real solutions from law enforcement, first responders, addiction treatment and recovery specialists, elected officials and others to address New York State’s heroin and opioid abuse and addiction epidemic.”

At 6 p.m. Wednesday, Citizens Budget Commission will host its 86th Annual Awards Dinner at the Pierre Hotel on the Upper East Side. City Comptroller Scott Stringer will be the recipient of CBC’s Medal for High Civic Service. Former Vice Chairman of the Federal Reserve Stanley Fischer will be presented with the Felix G. Rohatyn Award.

At 6 p.m. Wednesday, the Panel for Educational Policy will hold its monthly meeting at Murry Bergtraum High School in Chinatown.

Thursday
At noon Thursday, the New York State Board of Elections will hold a commissioners’ meeting.

At 6 p.m. Thursday, State Senators Liz Krueger and Brad Hoylman will host “Finding Solutions To Our Transit Crisis” at the Proshansky Auditorium at the CUNY Graduate Center, featuring a panel of experts discussing remedies to issues such as train and bus service and congestion. The panel will consist of MTA Board Members Polly Trottenberg and Veronica Vanterpool, Nicole Gelinas of the Manhattan Institute, Alex Matthiessen of Move NY, and Nick Sifuentes of the Bus Turnaround Coalition and Tri-State Transportation Campaign.

Friday and the weekend
Mayor de Blasio is expected to make his weekly appearance on WNYC’s The Brian Lehrer Show Friday morning at 10 a.m.

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

***
by Ben Brachfeld and Ben Max
@GothamGazette

As Hochul Pushes Cuomo Agenda, Williams Takes on Both in Primary Challenge


Kathy Hochul

Lieutenant Governor Kathy Hochul (photo: The Governor's Office)


“That’s what we do in New York -- that’s what we need in our nation!” declared Lieutenant Governor Kathy Hochul from a church lectern Sunday, sounding not unlike her boss, Governor Andrew Cuomo.

Hochul, whose remarks were at times drowned out by applause, was highlighting Cuomo’s progressive accomplishments -- paid family leave, equal pay provisions, and criminal justice reform -- before a congregation of elected officials, aides, and others attending the New York State Association of Black and Puerto Rican Legislators’ annual gathering in Albany. And, as she has done across the state in recent weeks, Hochul outlined signature planks of Cuomo’s 2018 agenda, like bail and speedy trial reforms.

At Wilborn Temple First Church, Hochul agily made scriptural references, and like Cuomo during his 2018 State of the State address, invoked the heartbreaking story of Kalief Browder, a young man who committed suicide after being held for three years in Rikers Island jails without ever being given a trial date.

“A young man accused of stealing a backpack, and spends three years of his life, languishing in a jail, and finally he couldn’t take it anymore. They crushed his spirit and he took his life,” said Hochul. “If only he had had enough money for the bail, he could have been out there, perhaps on his way to a good job or career or family.”

Despite Hochul’s warm reception, a number of black and Latino elected officials attending the conference -- including New York City Council Members Antonio Reynoso and Daneek Miller, Assembly Member Rodneyse Bichotte, and State Senator Kevin Parker -- had already declared their intentions to back her Democratic primary challenger, Brooklyn Council Member Jumaane Williams, who officially announced his bid for Lieutenant Governor at New York City Hall on Friday, February 16.

“He is a man of integrity and he is a man who brings with him the voice of the people. I am so excited and I hope that you are as well,” said Miller, at Williams’ announcement, where Williams also announced support from other elected officials, like Council Member Brad Lander, and several community groups.

Like Hochul, Williams also attended “Caucus Weekend” events, participating in two panels, one on criminal justice reform and another on gun violence, before traveling around the state Monday to promote his message.

On one stop, Williams sat with a gaggle of SUNY New Paltz students and New Paltz town officials at Cafeteria, a low-key coffee shop with mural-coated walls and mismatched upholstery. Striking a decidedly different tone than Hochul, Williams lead a discussion that ranged from the flaws with the governor’s Excelsior Scholarship to the arbitrariness of how grants are awarded by New York’s Regional Economic Development Councils, a Cuomo creation that Hochul chairs.

Aside from presiding over the state Senate and acting as gubernatorial successor, the Lieutenant Governor position is largely undefined by statute, and the 41-year-old Williams said he aspires to be “the people’s” lieutenant governor, using the position as a “megaphone” to pressure the governor to deliver on his promises to progressives.

“I hope to use the bully pulpit,” said Williams, adding that he is willing to support and work with the governor on things they are aligned on. “I don’t want to be opposition for its own sake.”

Of Cuomo’s 2018 agenda, WillIams said, “A lot of it sounds good, but a lot of it is mirrors. You talk about ‘Raise the Age,’ which is awesome, but you don’t actually have the funding for the city to get it accomplished,” he said, referring to the criminal justice reform measure passed last year and the lack of funding for implementation in the governor’s proposed budget for the coming fiscal year.

"I haven't seen sincere leadership on a whole host of issues,” Williams said on a recent episode of the Max & Murphy Podcast from Gotham Gazette and City Limits, discussing the rationale for his campaign and why he is taking on Hochul and Cuomo. “Somebody needs to say 'the emperor has no clothes,'" he explained of his plans for the position and what’s lacking now.

A child of Brooklyn public schools, Williams overcame ADHD and Tourette's Syndrome to become a rising star in the City Council. In the city, he has made a name for himself as as both an effective councilman and activist, leading protests and passing legislation on criminal justice reform and becoming a fierce advocate for housing affordability. Now the councilman must flesh out his platform to appeal to voters around the state.

“The learning curve is not as steep as I thought I would be,” Williams said in New Paltz of his exploration of upstate concerns. “The reason we did listening tours is to make sure that we were on the right trajectory, and we learned quickly that we are, so now it’s about being fine-tuned, making sure we are covering all of the local issues.”

He has noted that upstate farmers, many of whom employ undocumented immigrants, are concerned about the federal immigration crackdown, and that housing issues, similarly, transcend regional divides.

While Williams has spoken to three potential Democratic gubernatorial contenders -- actress and advocate Cynthia Nixon, former Syracuse Mayor Stephanie Miner, and former state Senator Terry Gipson -- he says he is running independently and would stay independent from the governor, whomever it is. Gibson is the only Democrat currently campaigning against Cuomo for the nomination.

New Yorkers vote for lieutenant governor as a standalone position during the party primaries, but for the general, the lieutenant governor nominee shares a ticket with the gubernatorial nominee of the same party. The position does come with more than $600,000 in budget funds, typically spent on causes assigned by the governor -- an allowance that could potentially get cut during the following budget cycle for a lieutenant governor that does not fall in line with the executive’s agenda.

Hochul, who has not officially launched her reelection campaign, was Cuomo’s lieutenant governor running mate in 2014, when he was seeking a second term but his first-term running mate, Robert Duffy, decided against running again. Hochul also has a compelling life story, having lived in a trailer home as a child, becoming Erie County’s longtime county clerk, and eventually rising to serve a brief stint in Congress. Despite being a Democrat, Hochul won a 2011 special election for the 26th Congressional District, one of the most Republican districts in the state. Her loss in the general election a year later was chalked up to her vote in favor of President Barack Obama’s Affordable Care Act, a progressive stance she touted in her remarks Sunday.

In 2014, still largely unknown to most of the state, she ran a tight race against Tim Wu, a progressive Columbia Law School professor who made a name for himself coining “net neutrality,” running with Zephyr Teachout, Cuomo’s gubernatorial challenger in the primary. Though Hochul beat Wu, 60 percent to 40 percent, Wu performed better than his running mate on a miniscule budget for a statewide race.

But after four years of diligently representing the governor at events across the state, Hochul is going to be tough to unseat, in part given the female-heavy electorate in New York State, according to Bruce Gyory, a political consultant.

“Hochul was out there defending Planned Parenthood day and night during the assault. She has a strong profile on Planned Parenthood and on gay rights,” said Gyory, noting that Williams’ previous statements on marriage equality and abortion are likely to haunt him as he tries to scoop up the more progressive Democratic base. "Given how female the electorate is -- you have to wonder if an electorate which is just shy of 60 percent is going to dump their female lieutenant governor."

At the New Paltz cafe, Williams tried to preempt the criticisms, which may have hurt him during his two bids for City Council speaker, which he most recently lost to Council Member Corey Johnson, who is openly gay.

The son of Grenadian immigrants, Williams has referred to his religious upbringing and spirituality for the confusion about his positions on the hot-button issues.

“There are two issues that they are going to try to attack me with that are just plain wrong,” he said. “I'm very proud of my religious and spiritual background, it’s what guides the justice work that I do. But they always confuse my position on marriage equality and [access] to legal abortion.”

Previous attempts to demure on the topics, urging people to look at his legislative record which includes votes to protect women’s health access, have backfired, and past comments have proven hard to shake.

Now Williams is trying to get ahead of the narrative. "I want to see that Roe vs. Wade is codified. Unlike the governor, I don't just talk about it, I want to see it happen, in case the ‘orange man’ does his thing," he told his New Paltz audience, referring to Cuomo’s failed efforts to push abortion protections through the Republican-controlled state Senate and to President Donald Trump. In his short lieutenant governor campaign thus far, which included a month-long exploratory phase, Williams has repeatedly faced questions on the two issues, as well as slightly couched criticism from Melissa DeRosa, Cuomo’s top governmental aide. DeRosa and Hochul have been out front promoting the Cuomo administration's "2018 Women's Agenda for New York," released in January.

Williams has recently demonstrated his commitment to women’s health by introducing legislation barring employment discrimination based on reproductive decisions. Other issues he hopes to bring attention to through his candidacy, and potential platform, are education funding, transportation, and gun control.

Hochul, too, will have to answer for previous positions she has taken on immigration and gun control, which again, due to recent tragedies, has become the focus of media attention. As county clerk, she opposed the issuing of driver’s licenses to undocumented immigrants and in Congress voted in favor of National Rifle Association-backed legislation.

Jeff Lewis, Hochul’s chief of staff, said the lieutenant governor’s views have evolved on both issues, noting that the climate surrounding the debate has changed considerably in recent years. He pointed out that fellow Upstate Democrats, like former Senator Hillary Clinton and current Senator Kirsten Gillibrand, at one time took similarly conservative stances.

Hochul did support the New York SAFE Act, gun control legislation championed and signed by Cuomo, and according to Lewis, regrets voting for the 2011 National Right to Carry Reciprocity Act, federal legislation that would allow people with concealed carry permits to carry their guns into other states that don’t allow concealed weapons. “Her exposure to gun violence was very different than when she became a statewide elected official,” said Lewis, noting the increase in large-scale massacres in the United States in recent years.

While she was speaking in her elected, not campaign, capacity, Hochul touched on the shootings during her remarks in Albany on Sunday.

“In today’s day we still bury children in high school because nobody else has the courage to do what we have done here in the state of New York and that is to ban those weapons of lethal destruction,” she said. “Please God let our leaders in Washington here those cries.”

Williams, a leading figure in New York City on gun violence prevention, says he gives the governor’s administration credit for passage of the SAFE Act, which may have contributed to an 18 percent decline in shootings in the state, but said it doesn’t go far enough.

“Resting on the laurels of the SAFE Act in the face of a full-on assault, is not a good idea. Every time it’s brought up, you deserve some credit, but what have you done since then?” Williams said on the Max & Murphy Podcast. “I always want to make sure we parse out, when it comes to gun violence, supply and demand...I don’t think what is coming out of the governor’s mansion goes nearly as far on the demand side across the state."

To reduce “demand” for guns, Williams, who co-chairs the Council’s Task Force to Combat Gun Violence, has taken a holistic approach to gun violence prevention, utilizing government, law enforcement, and community leaders on the ground. He has even looked national with his launch of the National Network to Combat Gun Violence, local elected officials from around the country dedicated to ending gun violence in their communities.

Williams says that if elected, he will model the role after that of New York City’s public advocate, which also acts as the mayor’s successor and fill-in, but is expected to hold the mayor accountable. Historically, lieutenant governors have acted as compliant surrogates for the governor, championing the executive’s agenda, and focusing their energies on causes selected by the governor.

However, there have been cases where the second-in-command crafted his or her own messaging or operated counter to the administration in other ways.

Mary Anne Krupsak, who was lieutenant governor under Governor Hugh Carey, was frustrated that she was not given enough to do in her role. When Carey ran for his second term in 1978, she withdrew from the ticket, ran for governor herself against Carey, and lost.

In 1982, New York City Mayor Ed Koch lost the Democratic gubernatorial primary to Mario Cuomo, but Koch’s running mate, Alfred DelBello, won the lieutenant governor seat, resulting in an awkward match that lasted just one term.

Betsy McCaughey Ross, a conservative policy wonk and New York Post columnist who went on to work for President Donald Trump, flouted expectations with her outspokenness during her short tenure as lieutenant governor to former Republican Governor George Pataki, between 1995 and 1998. Pataki announced he would not select her as his running mate the following year with a stern rebuke.

''Unfortunately, you have demonstrated through your decisions that you do not share my vision for the state,'' he wrote. Recounting his record on various issues, Pataki added, ''Your unwillingness and, in fact, outright refusal to work as part of our united team to build on these historic achievements has been disappointing.''

Lewis, Hochul’s chief of staff, continues to dismiss Williams' run as a "political stunt." While he acknowledges that Hochul is running, Lewis said she is currently focused her elected duties, such as delivering an on-time state budget.

When asked if Hochul has ever spoken or acted independently of Cuomo, Lewis said, "I don't think she's had to take any actions thus far, because the governor's been on the right side of every issue."

If Williams is able to win the nomination he would likely do so on the strength of a New York City voting base and despite whatever funds Cuomo is willing to spend from his $30-plus million war chest to help popularize Hochul, not to mention whatever amount Hochul can raise and spend on her own. It’s unclear how much Williams will be able to raise for his lieutenant governor campaign. The Council member did pick up another endorsement this week, from People for Bernie, a grassroots group of Bernie Sanders supporters. Williams endorsed Sanders in the 2016 Democratic presidential primary, while Cuomo and Hochul were strong backers of Hillary Clinton. The Brooklyn Council member told Max & Murphy that he is actively pursuing the backing of the liberal Working Families Party, which will hold its nominating convention this spring and has a contentious relationship with Cuomo after a dramatic 2014 endorsement that did not pan out as the party hoped or Cuomo promised.

Williams said at his kickoff press conference that if he and Cuomo were a joint ticket for the general election, he would campaign with and for the governor, stating that he cannot see any Republican being a better option than Cuomo, even if he has reservations about Cuomo’s politics.

According to SUNY New Paltz professor Gerald Benjamin, the governor’s lieutenant should ideally be treated as an appointed position and their ideological compatibility is necessary for government to function.

“The gentleman is an ambitious person who wants to increase his visibility,” Benjamin said of Williams. “Ambition is the engine of politics, so it’s not a bad thing, but for politics to work effectively, the governor and lieutenant governor have to be aligned.”

[Listen to Jumaane Williams on the Max & Murphy Podcast]

***
by Rachel Silberstein, State government reporter, Gotham Gazette
     

Read more by this writer.

The Week Ahead in New York Politics, February 20


New York City Hall

New York City Hall


What to watch for this week in New York politics:

This week the City Council and state Legislature are on their annual mid-February breaks that coincide with school vacation week in New York. There are no session days or budget hearings in Albany, and there are no City Council hearings in the city. (The state Legislature will be back in session for two days next week, Tuesday and Wednesday, before a very busy March.)

There are several events to be aware of in this holiday-shortened week -- see below for a day-by-day rundown. Meanwhile, we're watching for more as races heat up for the 11 special state legislative elections that will be held April 24; as the gubernatorial race continues to unfold, specifially whether State Senator John DeFrancisco can continue to rally Republican support for his nomination; as City Council Member Jumaane Williams continues to pursue his recently-announced bid for the Democratic nomination for Lieutenant Governor; and more.

There will be continued examination this week of Governor Andrew Cuomo's executive budget plan, specifically with regard to the "30-day amendments" he released last week, which now form the full picture of his proposal that will focus negotiations with the Legislature. We're also heading toward the one-house legislative budgets, which will be unveiled mid-March.

And, this week will also see more analysis of Mayor Bill de Blasio's State of the City agenda, as we await more news about his promised charter revision commission, and more detail about other parts of his new plans focused on reinvigorating the city's democracy. Meanwhile, there will continue to be discussion of the state of NYCHA, including a press conference Tuesday morning at City Hall, which promises to garner some attention.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***

The run of the week in detail:

Monday
Monday is the Washington's Birthday (celebrated) holiday. 

Tuesday
At 9:50 a.m. Tuesday, Lieutenant Governor Kathy Hochul will deliver "a message of welcome to immigrants during naturalization ceremony for 31 new Americans,: at Theodore Roosevelt Inaugural Site in Buffalo. At 11 a.m., Hochul will celebrate "upcoming Maple Weekends and inclusion of maple industry in NYS Grown and Certified Program with Ceremonial Tree Tapping," at Smith's Maple Farm in Hamburg.

"On Tuesday, rapper Ja Rule alongside Council Members Alicka Ampry-Samuel and Ritchie Torres, electeds, and public housing residents from across NYC, will hold a press conference and rally to call for more investment and immediate renovations to NYCHA's failing heating systems and to #TurnUpTheHeat. Persistent heat and hot water outages at NYCHA developments throughout the city have impacted 323,000 public housing residents--80% of NYCHA tenants--leaving them in frigid apartments throughout the winter season. The rally will be held on the steps of City Hall at 11:00 AM and will include remarks from Ja Rule.”

At 1:30 p.m. Tuesday, the New York City Board of Elections will hold a commissioners’ meeting.

At 5 p.m. Tuesday, Civic Hall and Citizen Action NY will host “The Revolution Will Be Localized,” a discussion on closing Rikers, bail reform, and other criminal justice issues, at Civic Hall’s headquarters.

On Tuesday at 6:15 p.m., Public Advocate Letitia James will deliver remarks at Congressman Joe Crowley’s Black History Month Celebration. At 7:30 p.m., James will deliver remarks at the People’s Climate Movement-NY 2018 Kickoff Meeting, at Judson Memorial Church in Manhattan.

At 7 p.m. Tuesday, "State Assembly Speaker Carl Heastie will talk disparities in health and economic security that hurt communities of color on WBLS’s “Open Line” program with Judge Bob Pickett and Bob Slade. Speaker Heastie, fellow legislators, AARP, the NAACP and Urban League will address two key state budget proposals by Governor Andrew Cuomo: to create a workplace retirement savings option that private sector companies could offer their employees, and to expand telehealth." The event will be at the Schomburg Center for Research for Black Culture. Along with Heastie, participants will include State Senators Brian Benjamin and Kevin Parker; Hazel Dukes, President, New York State NAACP; Arva Rice, Executive Director, NY Urban League; and Beth Finkel, AARP New York State Director, among others.

Wednesday
At 9 a.m. Wednesday, the CUNY Urban Food Policy Institute will host a discussion on New York City food policy since 2008 and “lessons for the next decade.” Panelists will include City Council Member Mark Levine; Cathy Nonas, formerly of the Center for Health Equity; and Dwayne Wharton, of the Food Trust. The event will take place at the CUNY Graduate School of Public Health and Health Policy in Harlem.

Thursday
At 9 a.m. Thursday, City & State will host its “Digital NY Summit,” convening “New York's information leaders from government and industry” for discussions “on the innovative ideas being used to improve the delivery of services to both citizens and government agencies,” at the Manny Cantor Center on the Lower East Side. DoITT Commissioner Samir Saini will deliver the opening keynote address. Other speakers include Manhattan Borough President Gale Brewer, City Council Member Ydanis Rodriguez, and New York City Chief Technology Officer Miguel Gamiño, among others.

At 10 a.m. Thursday, the MTA will hold a public board meeting.

At 11:30 a.m. Thursday, Bronx Borough President Ruben Diaz Jr. will deliver his 2018 State of the Borough Address at the Bronx High School of Science.

At noon Thursday, the Senate Independent Democratic Conference (IDC) will hold a public meeting at 250 Broadway in Manhattan regarding cryptocurrency, its impacts, and regulation of it.

At 7 p.m. Thursday, Women of Color for Progress will host “Why Does County Committee Matter” at the Flatiron School in Manhattan. Panelists will include Brooklyn District Leader Nikki Lucas, Manhattan County Committeewoman Reshma Patel, Queens State Senate candidate Jessica Ramos, and Bronx District Leader Marjorie Velazquez.

Friday and the weekend
At 8:15 a.m. Friday, the Center for New York City Law at New York Law School will host Police Commissioner James O’Neill for a discussion as part of its ongoing CityLaw Breakfast series.

At 8:30 a.m. Friday, New York Law School and the Federal Bar Association will host the 2018 New York Asylum and Immigration Conference at the New York Law School. Bitta Mostofi, Acting Commissioner of the Mayor’s Office of Immigrant Affairs, will deliver the keynote address.

At 9 a.m. Friday, State Senator Tony Avella will hold a town hall meeting at Clearview Park Golf Course in Bayside, Queens.

Mayor de Blasio is expected to make his weekly appearance on WNYC's The Brian Lehrer Show at 10 a.m. Friday.

At 11 a.m. Saturday, several unions, including AFL-CIO, AFSCME, and DC37, will host the New York “Working People’s Day of Action,” calling for an end to a “rigged” system and advocating on behalf of issues such as the right to organize as a union, affordable healthcare, and equal pay. The event will begin at Foley Square.

On Saturday in Jamaica, Queens, "Council Member I. Daneek Miller hosts Black History Month celebration featuring live performances and guest speakers, including Drs. Rameck Hunt and George Jenkins of the Three Doctors Foundation, and co-authors of The Bond, The Pact and We Beat the Street."

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

***
by Ben Brachfeld and Ben Max
@GothamGazette

11 Special Elections Set for April 24


cuomo voting grimace

Gov. Cuomo voting (photo via The Governor's Office)


Governor Andrew Cuomo has officially called a special election to fill 11 vacant seats in the Legislature — two in the Senate and nine in the Assembly — for April 24. Of these, four vacancies are located within the five boroughs of New York City. The short races are quickly heating up to replace three former city-based state legislators who have joined the City Council -- former Assembly members Francisco Moya and Mark Gjonaj and former Senator Ruben Diaz Sr. -- and another lawmaker, Brian Kavanagh, who left the Assembly for the Senate.

While all of these seats are likely to remain in Democratic hands, the other Senate special election is in a key Westchester swing district where party control of the upper chamber -- Republicans’ last stronghold of power at the state level -- is at play. There, Senate district 37, Democrat George Latimer left a vacancy when he was elected Westchester County Executive in November.

The governor had faced pressure from Democrats to call the special elections on January 1, the earliest possible date, which would have meant March elections and winners in place to represent their districts in final budget negotiations -- a new state budget is due by April 1. But, Cuomo decided to wait, saying he did not want to inject politics into the budget process, and called the specials so they would occur in April. Winners will be seated in the Legislature in time for negotiations during the final weeks of the legislative session that ends in June.

The backdrop also features a tentative reunification deal between the Senate’s breakaway Democratic faction known as the IDC and their mainline peers -- which is only on the table if Democrats regain the requisite 32 seats to retake the majority in the 63-seat chamber before the end of the 2018 session. Winning the two Senate seats is essential, and a great deal of focus will be on the Westchester race. The IDC, which forms a ruling coalition with the Senate GOP, includes eight members, while the mainline Democratic conference currently features 21 members, and one nominal Democrat, Senator Simcha Felder, caucuses with Republicans.

In New York, special elections do not include typical primaries, with party nominees picked by party officials rather than the larger voting pool. In the city’s deep blue districts, this often means that the Democratic nominee is virtually handed the seat. Upstate, a number of GOP-held seats are likely to remain safely Republican.

A closer look at where things stand in each of the 11 legislative vacancies home to special elections April 24 -- party candidate nominations must be set with the Board of Elections by February 26.

SENATE

Senate District 37 - Westchester
Since Latimer won the Westchester County Executive contest in November, unseating two-term GOP County Executive Rob Astorino, the race is heating up to fill his vacant 37th Senate District seat.

Assemblymember Shelley Mayer was chosen as the Democratic nominee for the seat -- beating out teacher and activist Kat Brezler -- in a mini-convention held by county Democratic leaders in January. Former Rye Councilmember Julie Killian, who lost a Senate race to Latimer in 2016, secured the GOP nomination in early February over former Yonkers Inspector General Dan Schorr. Republican candidate Sarmad Khojasteh had previously dropped out of the race to endorse Killian.

While Democrats have a two-to-one enrollment advantage in Westchester, the district has become a battleground in recent years. If Mayer is elected, the 90th Assembly District will be left vacant and without representation until the November 2018 election.

Senate District 32 - The Bronx
This Senate seat became available when Diaz Sr. won the election for New York City Council’s District 18, which was left vacant by term-limited Annabel Palma.

Diaz Sr., a conservative Democrat who had served the Senate’s 32nd District since 2002, easily beat several third-party candidates in the general election after a more competitive primary. Assemblymember Luis Sepulveda, a Democrat, formally declared his candidacy for the Senate seat in December and is expected to be Diaz Sr.’s successor in the overwhelmingly Democratic district. This would leave a vacancy in the 76th Assembly District.

ASSEMBLY

Assembly District 39 - Queens
This position was vacated by former Assemblymember Francisco Moya, who was elected to the City Council District 21 seat in November. Moya replaced Julissa Ferreras-Copeland, who decided not to run for re-election. Candidates running for Moya’s seat include Catalina Cruz, the former chief of staff for Ferreras-Copeland, and Aridia Espinal, a former Moya staffer and district leader, who has Moya’s endorsement.

Cruz has criticized the nature of special elections in New York. “Unfortunately, the special election process for the state Assembly does not allow for Democratic primary voters to decide who represents them on the Democratic Party ballot line,” Cruz said in a statement.

Assembly District 74 - Manhattan
The 74th State Assembly seat was vacated by Brian Kavanagh when selected by Democratic Committee leaders last fall to replace Dan Squadron in the State Senate. Democrat Harvey Epstein, scooping up endorsements from a slew of City Council members, Public Advocate Letitia James, Comptroller Scott Stringer, and other Democratic power players, handily won the Democratic nod over Mike Corbett, an aide to City Council Member Costa Constantinides and president emeritus of the New York State Young Democrats, on February 12.

The New York Republican County Executive Committee unanimously endorsed Bryan Cooper for race.

Assembly District 80 - The Bronx
This seat was held by former Assemblymember Mark Gjonaj, who was elected to the City Council’s 13th District, replacing term-limited James Vacca last year.

Gjonai’s former chief of staff Nathalia Fernandez received the Democratic nomination for the Assembly’s 80th District on Thursday, paving the way for her to take the seat in April.

“Our district deserves an Assembly Member who has the experience to get things done.  My deep roots in the community and my experience has prepared me to be an effective representative on day one,” said Fernandez, who has the backing of her former boss.

Fernandez said her priorities will include improving quality of life in the district, increasing education funding in the state budget, supporting small businesses, and improving public transportation. The district includes Morris Park, Pelham Parkway, and Norwood, among other Bronx neighborhoods.

Assembly District 5 - Suffolk County
This Suffolk County seat was vacated by Republican Assemblymember Al Graf, who won his bid for district court judge in Islip in November. Graf represented the 8th District, which includes Holbrook and Stony Brook, since 2010. Like much of Suffolk County, this district is a toss up between Democrats and Republicans -- though the GOP maintains a slight advantage.

Doug Smith, a 27-year-old former aide to Graf, has secured the Republican nomination, while Democrats are searching for a new nominee after union leader Peter Zarcon received the Democratic nod, but pulled out of the race Wednesday citing “personal family concerns.”

According to Newsday, Democratic leaders say they are now interviewing Deborah Slinowsky, a former school board member who works in the Suffolk County Department of Social Services, and Jenn Hann, a legislative aide.

Assembly District 102  - Greene County
Former Republican Assemblymember Pete Lopez stepped down from his Assembly position to become a Region 2 Administrator at the United States Environmental Protection Agency in October. Schoharie Town Supervisor Christopher Tague has secured the Republican nod, beating out former Ulster County Legislature candidate Santos Lopez, while Aidan O’Connor Jr., a member of the Greene County Legislature, is the Democratic nominee. The district encompasses parts of four counties -- Albany Columbia, Greene, and Schoharie -- and has a slight Republican advantage.

Assembly 17th District - Nassau County
Former Assemblymember Thomas McKevitt, a Republican, stepped down for a seat on the Nassau County Legislature. No candidates have yet emerged. The district has a GOP advantage.

Assembly 142nd District - Buffalo Region
Michael Kearns, a Democrat who ran on the GOP line, narrowly defeated Democratic candidate and former radio host Steve Cichon, a lifelong Republican, for Erie County Clerk in the fall. While the majority of the district is Democratic, party affiliation can be complicated in Buffalo.

Erie County Legislator Patrick Burke has nabbed the Democratic nomination for this vacant seat, while the Republicans have picked a Democrat, Erik T. Bohen, as their candidate in the special election to replace Kearns.

The district includes parts of South Buffalo, Lackawanna, Seneca, and Orchard Park.

Assembly District 10 - Suffolk County
Former Republican Assemblymember Chad Lupinacci left this seat to take over as supervisor of Huntington, a seat held by Frank Petrone for 24 years. The 10th District of the Assembly, which includes large portions of Suffolk County, has a Democratic advantage.

Assembly District 107 - Rensselaer, Albany, Columbia
No candidates have emerged yet for the seat of former Assemblymember Steve McLaughlin, a Republican who left the Assembly after winning the race for Rensselaer County executive, but five Democrats and two Republicans have reportedly been interviewed by respective party leaders.

The district is evenly split between Democrats and Republicans.

***
by Rachel Silberstein, State government reporter, Gotham Gazette
     

Read more by this writer.

First Annual State Economic Development Report Falls Short, Watchdogs Say


Zemsky economic development

Howard Zemsky (photo: Govenor's Office)


Starting this year, the state’s central economic development agency is required to produce an annual comprehensive report of all of the state-funded programs it oversees. The requirement of Empire State Development (ESD) was part of the state budget agreement reached last April amid intensifying criticism of Governor Andrew Cuomo’s approach to economic development.

With the report due on December 31 of each year, ESD must compile the past fiscal year's “aggregate totals” for each economic development program administered by the agency, examining “program progress, program participation rates, economic impact, regional distribution, industry trends, and any other information deemed necessary by the commissioner," according to the 2017-2018 enacted budget.

The inaugural report was late.

“It will be out this week -- and that’s my fault, truthfully,” ESD president and CEO Howard Zemsky told state legislators somewhat sheepishly during the joint legislative budget hearing on economic development in Albany on January 29. He added, “I think you’ll find it to be very thorough, very forthcoming, and very extensive.”

Cuomo’s economic development czar, who is appointed by Cuomo, was queried on the report’s status by Senate Finance Chair Cathy Young, an Upstate Republican, who cited an audit by State Comptroller Tom DiNapoli that found ESD failed to meet more than half of the reporting requirements for tax credit and job creation programs that were due between April 2012 and September 2016.

“Some of them have been successful, but many of these programs have run into substantial issues, such as far lower job creation than expected…In light of these issues, ESD is often unwilling to share information with the legislature and the public on these projects,” said Young.

The annual report was released last week, on February 5, but watchdogs and experts say it falls far short of a comprehensive analysis drawing clear connections between the state’s numerous investments and job growth, and only highlights the need for a comprehensive “database of deals.”

Much of the 128-page document offers a photo-heavy, though thorough overview of the state’s “holistic” approach to transforming New York State, through business grants and tax incentives, as well as workforce development, Regional Economic Development Councils, downtown revitalization programs, and more. The latter third of the report provides a more data-centric breakdown of the economic impact of 1,153 projects overseen by ESD that received financial assistance in state fiscal year 2017 (April 1, 2016-March 31, 2017).

“This report highlights all of these strategies throughout and also includes a section of detailed statistical information. Extensive additional information on thousands of economic development projects throughout the state is available on our website,” writes Zemsky in his opening message. “Our strategy is not only providing positive economic results in the short term but also planting seeds for sustainable economic prosperity over the long term.”

The investments are broken down into four categories: tax expenditure programs -- which includes the Excelsior jobs program, the entertainment tax credit and Start-Up NY -- loans and grants, marketing and advertising, and innovation. In total, $1.8 billion was provided by ESD in support of these projects, which are expected to leverage nearly $18.6 billion in business and partner investments. According to the report, 162 projects have direct job commitments that leverage $14 billion and require the creation and retention of over 65,000 jobs in New York, for an average cost of $13,205 per job.

Among watchdogs who reviewed the ESD report, the primary criticisms are that it lacks recipient-level data, it at times only shows “net new job commitments” instead of actual jobs created, and has inconsistent definitions for what constitutes a job.

Recipient-level data, which shows return on investment from individual projects, is crucial for determining any program’s true cost-per-job, according to David Friedfel, director of state studies for Citizens Budget Commission (CBC).

“Taxpayers should know if individual projects are receiving benefits under multiple programs, the total amount of state and local spending, the number of jobs promised and created, and the amount of capital expense committed and expended by the company,” said Friedfel in an email, noting that such information could be made available with the creation of an online “database of deals,” a key recommendation repeatedly pushed by CBC and other fiscal watchdogs and government reform groups.

A spokesperson for ESD pointed out the statute specifically requires the agency to provide “aggregate totals” for the programs and noted that report provides links to quarterly reports offering more granular details.

The Excelsior jobs program issued $25.3 million in tax credits to 62 businesses, according to the report. Those business pledged to create 10,072 jobs, retain 30,279 jobs, and invest more than $2.4 billion. The total tax credits committed to these 62 businesses is $174.2 million over the life of the projects. This amounts to $4,318 in tax credits committed per job created and retained.

The report should also show actual jobs created, not just commitments under the Excelsior jobs program, something the database of deals would document in real time, according to Friedfel, since companies often commit to creating a certain number of jobs, and then the project either fails to come to fruition, or the actual number of jobs created falls short of expectations. At times, more jobs are created than originally expected.

“The committed jobs are just the goals, the report should have actuals,” said Friedfel. “Also, the difference between commitments and actual job creation is the reason why economic development spending should be pay-for-performance, with companies being reimbursed after job creation goals are met.”

While much of the report’s tax credit data does a better job of presenting actual job creation numbers, critics say the figures are still misleading because the term “job” is defined differently throughout.

In part due to the broad scope of the report, jobs for different types of economic development programs are counted using different sets of criteria. In an attempt to preempt this criticism, the report classifies jobs associated with the entertainment industry tax credit as “hires” rather than “jobs” because these are typically short-term gigs that are counted regardless of how long the employees work. The cost-per-job for these roles is considerably lower than more permanent, full-time positions produced by other programs. The state’s controversial film and television tax credit has benefited 289 projects, resulting in $2.9 billion in private investment and a cost-per-hire of $2,841.

Another anomaly is Start-Up NY, which, due to the particulars of its tax requirements, only counts employees that are full-time and permanent for at least six months -- a threshold that should probably be applied for all job counts, some critics say.  In 2016, businesses in the Start-Up NY program reported business tax benefits of $949,868 and reported their employees received $3 million in personal income tax benefits, which brings the state investment to a $3.9 million total, according to the report. The businesses also report investing over $31 million and creating a total of 1,135 new jobs, of which 722 were "net new jobs," or jobs that lasted longer than six months. The ESD report omits a cost-per-job breakdown for Start-Up NY, perhaps because the 2017 data is unavailable yet, but it notes that 67 businesses were approved in 2017, projecting the creation of 1,000 jobs and $28 million in investment. Based on 2016 jobs numbers provided, the cost was $5,470 per net new job.

The program has been the source of significant criticism of those who point to weak job creation, including, most recently, Senate Majority Leader John Flanagan, who called for an end to the program on Tuesday. (Ongoing questions about the effectiveness of Governor Cuomo’s job creation efforts also come as elements of his economic development programs are at play in twin corruption trials happening this year, where Cuomo associates and donors are accused of bid-rigging and bribery.)

Critics argue that the same job-counting criteria should be applied across the board and question whether jobs created by companies benefiting from more than one public subsidy have been counted twice.

"The charts and data in the report are in different formats and don't allow for apples to apples comparisons of different subsidy programs,” said John Kaehny, executive director of Reinvent Albany, a leading advocate for the database of deals. “There is no baseline data showing existing jobs or growth rates for regions. What's striking about the report is how little actual data there is that sheds light on performance by region, program or recipient."

The report also highlights 378 projects investing in infrastructure, marketing, and capacity building, leveraging $2.2 billion in private investment.

Many long-time critics of the state’s economic development programs are not likely to be appeased by the numbers regardless of how they are presented. E.J. McMahon, research director of the Empire Center for Public Policy, calls himself “close to atheistic ” on the field of taxpayer-funded economic development.

“Part of the problem is distinguishing between what incentive claims to have delivered and what would have happened anyway without the incentive,” said McMahon, who frequently rails against the state’s entertainment tax credit, which disproportionately benefits economically-thriving New York City.

The credit grants tax reimbursements of up to 30 percent for production companies that film in New York City or its suburbs. Farther upstate, the entertainment incentive grows to 40 percent. The number of entertainment ventures filmed in the city has ballooned in recent years, but naysayers note that New York City has always been a coveted filming location for the movie and television industry.

“The people who are fans of the film credit have consistently pretended for years that no one would have been making films in New York City without the tax credit. All it proves is if you pay someone to do something, they will do it,” said McMahon.

Getting lost in the conversation is what economists call “opportunity costs,” which is “what we didn't do because we gave you the money," according McMahon. "The true cost of filming ‘Blue Bloods’ in Queens is not that we gave them $25 million, it’s what could the State of New York have spent that $25 million on? What kind of mental health services could you have provided to people on the street for $25 million? What’s the societal value of that over having Tom Selleck walking around Queens?”

A spokesperson for Comptroller DiNapoli’s office declined to comment on the ESD report, stating that the agency currently has an audit of ESD underway. Senator Young was unavailable for comment due to all-day budget hearings Monday and Tuesday, a spokesperson said.

Correction: An earlier version of this article miscalculated the cost per job for Start-Up NY. The article has been amended to reflect this correction.

***
by Rachel Silberstein, State government reporter, Gotham Gazette
     

Read more by this writer.

The Week Ahead in New York Politics, February 12


New York City Hall

New York City Hall


What to watch for this week in New York politics:

Mayor Bill de Blasio will give his 2018 State of the City address this week, on Tuesday evening. The first of his second term, de Blasio is expected to talk more about his newly branded quest to make New York City “the fairest big city in America.”

Budget hearings continue in Albany this week, and the Legislature will also hold session days to introduce and pass legislation on Monday and Tuesday, before taking its usual mid-February break. The Legislature will be back in session in Albany on February 27 and 28. Then, things will get busier as March is home to many more session days leading into the April 1 start of the new fiscal year, by which time state leaders are supposed to have a new budget worked out.

There is a great deal of uncertainty surrounding that budget as Governor Andrew Cuomo continues to consider what exactly to propose in terms of overhauling the state tax system in response to the new federal tax code, which has especially significant ramifications for New York, and in terms of a congestion pricing plan for New York City. There are also top line items such as exactly how to close the state budget deficit (among other measures, Cuomo is proposing several cost-shifts and funding cuts to New York City, as well as several new taxes and fees), the structure of MTA funding responsibility, and more.

Speaking of MTA funding, Riders Alliance transit activists are leading a rally and lobby day in Albany Monday to push Governor Cuomo and legislators to pass a congestion pricing plan and fund the MTA. Several lawmakers will participate in the rally -- see below for details, and read: Transit Advocates to Storm Albany for MTA Action.

Meanwhile, in the city, the new City Council continues to hold its first committee hearings of the new term, where new chairs and members begin to hold city agencies accountable, consider legislation, and discuss important issues facing the city. There are also two full City Council “Stated Meetings” scheduled for this week, at which the Council votes on bill that have passed through committee and new bills are introduced. See details below.

And this week leads into “Caucus Weekend” in Albany, where the Black, Latino, Asian and Puerto Rican Caucus of the state Legislature hosts events and meetings, among others that will occur in the capital.

There are a variety of events to be aware of this week - see our day-by-day rundown below.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
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The run of the week in detail:

Monday
At the City Council on Monday:
--The Committee on For-Hire Vehicles will meet at 10 a.m. for an oversight hearing regarding “TLC enforcement practices.”
--The Committee on Standards and Ethics will meet at 10:30 a.m. for a rule 10.80 hearing regarding Council Member Andy King.

At the State Legislature on Monday:
--The Senate Standing Committee on Local Government will meet at 9 a.m. in Albany to “listen to local governments, local elected officials, and local government advocacy organizations regarding shared services and discuss how Albany can better partner with localities.”
--There will be a joint legislative hearing on the executive budget proposal as it relates to health and Medicaid at 10 a.m.
--The Assembly Standing Committee on Real Property Taxation will meet at 11:30 a.m. in Albany for a budget implementation hearing.

The State Legislature will be in session on Monday in Albany.

On Monday, Riders Alliance, transit advocates, and elected officials will hold a rally at 12:30 p.m. and lobby day in Albany “to demand sufficient revenue to modernize subway signals and replace cars to the State budget.” Participants will include “Assembly Corporations Committee Chair Amy Paulin, Assembly Members Carmen Arroyo, Robert Carroll, Carmen De La Rosa, Michael DenDekker, Jeffrey Dinowitz, Catherine Nolan, Luis Sepulveda, and Jo Anne Simon, and Senators Leroy Comrie, Martin Malave Dilan, Michael Gianaris, other members of the Senate and Assembly, grassroots members of the Riders Alliance.” [Read: Transit Advocates to Storm Albany for MTA Action]

The New York State Board of Regents will hold its monthly board meeting on Monday and Tuesday in Albany.

At 8 a.m. Monday, Public Advocate Letitia James and Comptroller Scott Stringer will deliver remarks at the New York Urban League Champions of Diversity (COD) Awards Breakfast. At 11:15 a.m., Stringer will host a press conference at 111 West 115th Street in Manhattan. At 1 p.m., James wll deliver remarks at the Police Athletic League Business Luncheon Honoring Cardinal Timothy Dolan.

On Monday at 9 a.m. at City Hall, “NYC taxi drivers and taxi-base owners will hold vigil at City Hall to raise awareness about TLC’s excessive fines and abusive enforcement, and in memory of recent taxi driver deaths.” “Leaders will call for action to stop the industry-wide crisis.”

At 10 a.m. Monday, Administration for Children’s Services Commissioner David Hansell will announce the expansion of ACS’ Medical Consultation Program at the Nicholas Scoppetta Children’s Center in Kips Bay.

At 10 a.m. Monday, Lieutenant Governor Kathy Hochul will outline the Women's Agenda at Mohawk Valley Council on Women and Girls Meeting in Utica. At 12:15 p.m., Hochul will discuss the FY 2019 Budget at the NYCOM Winter Legislative Meeting in Albany. At 1:15 p.m., Hochul will tour expansion plans of REDC-funded fresh produce nonprofit Capital Roots in Troy. And at 2 p.m., Hochul will tour REDC-funded Troy coworking space, Troy Innovation Garage.

At 12:30 p.m. Monday in Albany, there will be a “press conference to call on Governor Cuomo to pass progressive tax policies, invest resources to fund Assembly Member Hevesi’s proposed Home Stability Support plan and expand access to the HIV enhanced shelter allowance.” Participants who will gather at the Capitol include “members of the Albany Can End Homelessness in New York State campaign; members of the State legislature—including Assembly Members Andrew Hevesi, Michael Blake, Kimberly Jean-Pierre and others; faith leaders; and homeless New Yorkers in need of housing assistance. A crowd of about 30 will gather for this news event.”

On Monday at 3:30 p.m. in the Bronx, National Action Network is organizing a “rally at Middle School 224...where teacher was told she could not teach black history.” Participants will include “Rev. Kevin McCall, Crisis Director, National Action Network; Minister Kirsten John Foy, NE Regional Director of National Action Network; Mercedes Liriano Clarke, Teacher who was told she could not teach Black History at MS 224; National Action Network Youth Huddle; Parents and students at MS 224.

At 6 p.m. Monday, U.S. Rep. Jerrold Nadler will hold a congressional town hall meeting at the Rosenthal Pavilion at NYU’s Kimmel Center.

On Monday evening, Manhattan Borough President Gale Brewer will be among those to attend the Department of Education “Public Hearing on Health Careers and Science High School, George Washington Educational Campus.”

Mayor de Blasio will make his weekly Monday evening appearance on NY1’s Inside City Hall with host Errol Louis during the 7 and 11 p.m. hours.

Tuesday
At the City Council on Tuesday
--The Committee on Youth Services will meet at 10 a.m. to discuss proposed laws relating to runaway and homeless youth services.
--The Committee on General Welfare will meet at 1 p.m. for an oversight hearing “examining efforts to reduce hunger in New York City.”
--City Council Speaker Corey Johnson will deliver remarks at the beginning of both hearings.

At 10 a.m. Tuesday on the steps of City Hall, "NYC Council Speaker Corey Johnson and Council Member Ydanis Rodriguez, New York City Department of Transportation, elected officials, Car Free Day Partners, and environmental advocates will hold a press conference to officially announce the third annual Car Free Day NYC. Council Member Rodriguez will share more details about plans for Car Free Day this year."

At the State Legislature on Tuesday: There will be a joint legislative hearing on the executive budget proposal at it relates to mental hygiene at 9:30 a.m.

The State Legislature will be in session on Tuesday in Albany.

"The New York State Senate Majority will be holding a press conference tomorrow, February 13, 2018, at 10 a.m. in Room 124 of the Capitol in Albany to unveil a 2018 “Jobs and Opportunity” Agenda that would provide significant tax cuts for businesses, cut red tape, reduce regulatory burdens, invest in workforce development, and strengthen New York’s economic development programs. Senate Majority Leader John J. Flanagan will be joined by his colleagues in outlining the second part of the Senate’s “Blueprint for a Stronger New York,” an action plan that will guide the conference during upcoming budget negotiations."

"New York State Senator Kemp Hannon (R-Nassau) will be joined by survivors of sexual assault, Assemblywoman Aravella Simotas (D-Astoria), and other legislative colleagues from both sides of the aisle for a press conference on Tuesday, February 13, 2018, at 11:30 a.m. in Room 124 of the Capitol in Albany. The event will focus on three measures currently before the houses that advance state protections and rights of sexual assault survivors: S.6428A / A.8401A- which establishes a Sexual Assault Survivor Bill of Rights and requires unreported sexual assault evidence kits be maintained for 20 years in a secure, centralized location; S.6947A – which establishes a Sexual Assault Forensic Examination (SAFE) Telemedicine Pilot Program; and S.6964A – which ensures sexual assault forensic exams performed by hospitals are free of charge to the sexual assault survivor. Legislators will be joined by survivors and advocates from Rise, the Joyful Heart Foundation, and local SAFE providers."

At 1 p.m. Tuesday at the Capitol in Albany, "Senate Democrats To Announce Legislation To Reform New York’s Criminal Justice System."

"The New York State Legislature will begin the bi-partisan interview process of the New York State Board of Regents on Tuesday, February 13, 2018, at 1:30 p.m. in the Assembly Parlor, 3rd Floor Capitol, Albany."

At 9 a.m. Tuesday, the New York City Board of Corrections will meet at 9 a.m. at 125 Worth Street. [This meeting has been cancelled in light of a serious attack on a corrections officer.]

On Tuesday morning, Public Advocate Letitia James and Comptroller Scott Stringer will deliver remarks at the New York Immigration Coalition Annual City Legislative Breakfast, at Tribeca Grill.

At 5:45 p,m., James will deliver remarks at the New York National Association of Securities Professionals Foundation 20th Annual Wall Street Hall of Fame Gala, at UFT headquarters.

At 1:30 p.m. Tuesday, the New York City Board of Elections will hold a commissioners’ meeting.

At 1:30 p.m. Tuesday, "Attorney General Eric T. Schneiderman will announce the takedown of a major Hudson Valley organized crime ring," at 44 South Broadway, White Plains.

At 4 p.m. Tuesday, Black Lives Matter activists will rally in front of the Department of Education to deliver a list of demands to Schools Chancellor Carmen Fariña, which include ending zero tolerance programs, ending “black teacher pushout,” and a mandatory K-12 black history curriculum.

At 6 p.m. Tuesday, TransitCenter will host “A Bid for Better Transit,” discussing the potential benefits of competitive private contracts for operating transit systems, at One Whitehall Street in Manhattan.

At 7 p.m. Tuesday, Mayor de Blasio will deliver his 2018 State of the City Address at the Kings Theatre in Flatbush, Brooklyn.

Wednesday
The full City Council is scheduled to hold a Stated Meeting at 1:30 p.m. Wednesday at City Hall. Council Speaker Corey Johnson is expected to host a press conference beforehand.

Also at the City Council on Wednesday: the Committee on Finance will meet at 10 a.m.

At 8 a.m. Wednesday, Alphonso David, Counsel to Governor Cuomo, will join Crain’s New York Business at its “Business Breakfast Forum” at the New York Athletic Club. David will discuss “the Cuomo administration budget, legislative and regulatory priorities for 2018.”

At 9 a.m. Wednesday, the Center for New York City Affairs will host “Monitoring the Minimum Wage” at the New School’s Theresa Lang Student Center, featuring local business and community leaders discussing the impacts of of the minimum wage increase and steps for stakeholders to take in adjusting. Civic Hall founder and CEO Andrew Rasiej will moderate a panel consisting of Adria Powell, President of Cooperative Home Care Associates, and Katy Gaul-Stigge, President and CEO of Goodwill Industries NYNJ.

At 10 a.m. Wednesday, the City Planning Commission will hold a public meeting at Spector Hall.

At 10:30 a.m. Wednesday, the Assembly Standing Committee on Environmental Conservation, the Assembly Legislative Commission on Toxic Substances and Hazardous Wastes, and the Assembly Long Island Task Force will meet jointly at the William H. Rogers Building in Smithtown, Suffolk County for a public hearing to discuss the “impacts of the proposed federal offshore drilling authorization on New York.”

At noon Wednesday, Riders Alliance will hold a rally on the City Hall Steps calling on Mayor de Blasio to be the “bus mayor,” and to “make buses run faster on our streets for 2.5 million riders.”

At 4 p.m. Wednesday, the Civilian Complaint Review Board will hold a public board meeting.

Thursday
The full City Council is scheduled to also hold a Stated Meeting at 1:30 p.m. on Thursday at City Hall. Council Speaker Corey Johnson may also host a press conference beforehand.

At 6:30 p.m. Thursday, the state Senate Joint Task Force on Heroin and Opioid Addiction will meet at Pace University’s Pleasantville campus for a public hearing to “gather information and testimony regarding sober homes and existing regulations, or lack thereof.”

At 6:30 p.m. Thursday, Empire State Indivisible will host its monthly “What’s Happening in Albany” panel at the Fourth Universalist Society on the Upper West Side. This installment will focus on voting reform, with a panel consisting of Ari Berman, Mother Jones’ voting rights reporter, Susan Lerner of Common Cause/NY, Naila Awan of Demos, and State Senator Brian Benjamin.

Friday and the weekend
At 9 p.m. Friday, City & State and the New York State Association of Black and Puerto Rican Legislators will host a Caucus Weekend kickoff reception at the Albany Marriott.

Mayor de Blasio is expected to make his weekly appearance on WNYC's The Brian Lehrer Show at 10 a.m. Friday.

At 8 a.m. Saturday, State Comptroller Tom DiNapoli will host the 47th Annual NYS Association of Black and Puerto Rican Legislators Conference at the Albany Capital Center. Honorees include Association chair Latrice Walker, Assembly sergeant-at-arms Wayne Jackson, Brooklyn District Attorney Eric Gonzalez, 1199SEIU Secretary Treasurer Maria Castaneda, and Syracuse NAACP president Linda Brown Robinson.

Monday February 19 is Presidents’ Day, a federal holiday. Our next Week Ahead will be published that night (instead of on Sunday night).

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

***
by Ben Brachfeld and Ben Max
@GothamGazette

Savino Asks De Blasio for Help Passing ‘Subway Grinder’ Bill He Once Supported


Savino and de Blasio

Senator Savino and Mayor de Blasio at lunch (photo: Michael Appleton/Mayor’s Office)


As a debate rages over the appropriate law enforcement response to subway fare evasion, in Albany, a bill steepening the penalty for certain subway sex offenses is getting another look.

During Mayor Bill de Blasio’s testimony at a joint legislative budget hearing on Monday, Senator Diane Savino asked the mayor to put pressure on the Assembly to consider her legislation that would make certain lewd subway behavior a class B felony, resulting in up to a year in prison.

Savino recalled that in 2012, de Blasio, then public advocate, stood with her and Assemblymember Michael Cusick at a Staten Island subway station to unveil the “subway grinding” bill, which would target unwanted sexually-motivated touching of someone who is “physically helpless or unable to move on public transit.”

“We passed the legislation -- that you helped me draft -- in the Senate five times,” said Savino, a member of the Independent Democratic Conference (IDC) who represents Staten Island’s North Shore and southern Brooklyn, at Monday’s hearing. “If you could use your considerable influence with the Assembly to try to get it out of the Assembly. It’s critically important to safety in the subways,” she said, before continuing on to other topics.

While Savino’s bill has repeatedly passed the Senate, where Savino’s conference forms a ruling coalition with Senate Republicans, it has stalled in the downstate Democrat-dominated Assembly. De Blasio typically works closely with Assembly Speaker Carl Heastie to represent New York City’s interests in the legislative process.

De Blasio did not specifically address the legislation during Monday’s hearing. When Gotham Gazette followed up with the mayor’s office, a spokesperson said that Savino’s bill is currently under review.

“We support the spirit of the legislation and look forward to working with Senator Savino to ensure it’s the most effective that it can be for New Yorkers,” said mayoral spokesperson Freddi Goldstein.

A compromise bill passed by both houses in 2015 -- sponsored by Republican Senator Marty Golden of Brooklyn and Democratic Queens Assemblymember Aravella Simotas -- adds unwanted rubbing against bus or subway riders to the penal law definition of “forcible touching,” a class A misdemeanor, carrying a maximum sentence of a year in jail.

Savino maintains that the 2015 bill has had no effect, since forcible touching is already a misdemeanor, though subway and bus offenses have not necessary been treated that way by the courts. Her legislation was motivated in part by a case dating back to 2002, in which a “very large” man surreptitiously masturbated and ejaculated on the clothing of a teen girl while she was immobilized on a crowded train. An appeals court ruled that this was not forcible touching, since the offender did not use physical force, but only a “stealth” action.

When de Blasio backed the Savino-Cusick bill in 2012, he said in a statement, “When the laws on the books aren’t enough to protect people, we have to make them tougher. ‘Grinding’ is a deeply personal and deeply offensive violation that no woman or straphanger should have to suffer. We need laws that match the seriousness of this crime.”

In the Assembly, some question whether the reclassification is effective at deterring crime, since maximum sentences are rarely meted out.

Brooklyn Assembly Member Joe Lentol, a Democrat who chairs the Assembly codes committee, said that an increased awareness around sexual harassment this year might spur the passage of Savino’s bill this year, but said it was worth investigating whether judges are enforcing the 2015 statute, and whether it has translated into actual jail sentences for offenders.

“In this day and age, this might be baseline behavior that we want to go after -- maybe she’s right. I don’t know if a class B felony is appropriate, but maybe we should make it a felony,” said Lentol.

“We have made it a crime; it was never a crime before,” added Lentol.

In the meantime, reported “grinding” cases have jumped more than 50 percent in the last three years, according to an NYPD data report compiled by Savino last year, though she acknowledges this inflated figure could be a result of more riders reporting the crimes rather than an increase in incidents.

"I’m confident that we don’t have more sex crimes happening. We have more women who know that we care, who trust the system, and are willing to make that report," said NYPD Transit Chief Joseph Fox on CBS New York in 2016.

When asked for a comment on the outlook for her bill this year, Savino said, "For years, I have worked to elevate penalties on serial 'subway grinders' who prey on women commuting on our subways, and I have no doubt the Senate will pass my bill again. A felony penalty is necessary for egregious offenders who continue to violate women on mass transit and walk away with a slap on the wrist."

***
by Rachel Silberstein, State government reporter, Gotham Gazette
     

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