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Opinion

The Case for Mayoral Control


bdb reading school

Mayor de Blasio reads to students (photo: @MelindaKatz)


The state legislature will soon decide whether to reauthorize, amend, or eliminate mayoral control of the New York City public schools. Mayoral control should be extended and, as suggested by the Mayor, made permanent - with the possibility of amendment as with any law.

The most important reason to keep mayoral control is to keep city funding of our schools at a high level. Prior to mayoral control there were incessant and critical battles over the city's underfunding of our schools. That in part resulted from the demise of the old Board of Estimate, which set the City budget, and its mirrored membership on the Board of Education, consisting of single representatives of each Borough President and 2 mayoral appointees.

Once the Board of Estimate was eliminated, the connection between operational and budgetary authority of the schools was lost. The effect was immediate and harsh. An era of underfunding ensued, propelled by a new City Charter giving the Mayor strong budgeting powers but without authority for schools. As a result, the Board of Education budget withered while mayoral agencies were privileged.

Only with mayoral control did city funding increase and increase substantially. We no longer hear cries of impoverishment over the city's education budget. The fight now is over State funding because mayoral control means more money. Pure and simple.

While adequate city funding is the main reason for retaining mayoral control, there are additional benefits. The old Board of Education was a recipe for paralysis because six appointing authorities controlled seven votes on the Board. As Board Counsel, I saw petty political horse trading, patronage, and personal ambition mean more than quality education since no one was in charge. Kids, parents, and taxpayers bore the consequences, not those who bore real responsibility. A parade of short-term Chancellors came and went, leaving a legacy of instability that subverted any stirrings of instructional success.

Mayoral control has given us continuity and stability, prerequisites for educational improvement. Despite the churn of the last decade - and my strong public opposition to Bloomberg/Klein policies - leadership stability has been a plus. (Remember the chaos of Cathie Black!) Nothing is worse for a system than constant leadership changes and mayoral control has brought surprising system stability.

And stability is good for direction. Like it or not, clear institutional direction - the ability to make and implement decisions - is another requirement of strong institutions. I know that many of my friends claim the need for "checks and balances," but public education is not a national government to be protected from extremes of political volatility. It is fundamentally an executive function, requiring the clarity of mission and organizational structure that comes from having someone in charge.

It is easy to criticize the present scheme; harder to find a practical alternative, especially under a Charter giving the Mayor such strong fiscal power. Why believe shared authority will work when it failed before? Why believe elections will make schools less political and any more stable? When Board of Education members served fixed terms, we had the ridiculous spectacle of Board appointees betraying their Borough Presidents to side with Rudy Giuliani in a political power play, resulting in the anti-Dinkins "Gang of Four." This was not about kids but personal ambition.

If we need tweaks - and I warn of opening the door to all manner of tweakers - City Council advice and consent over the Chancellor's appointment and removing the Chancellor from PEP membership would create greater community input into DOE leadership and more pluralism in PEP deliberations.

As a former President of the Citywide Council on High Schools, I see the need for greater collaboration between the DOE and parent groups at the central, district, and school levels but that requires non-legislative solutions, not more regulation.

Much of the current opposition to mayoral control is a reaction to the Bloomberg years. But we have only begun to explore the opportunities and proven strengths of the law. If mayoral control has so far not yielded school policies attractive to particular constituencies, that is not the problem of governance but those who govern. Let's not be led astray by believing our policy preferences can be guaranteed by some new structure.

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David C. Bloomfield is Professor of Education Leadership at Brooklyn College and The CUNY Graduate Center. He is the author of American Public Education Law, 2nd edition, among other works.

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Have an op-ed idea or submission for Gotham Gazette? E-mail editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.

Responsibility for Akai Gurley's Death


nypd recruits

NYPD recruits (photo: @CommissBratton)


A Brooklyn grand jury recently indicted NYPD probationary Police Officer Peter Liang in the death of Akai Gurley, who was shot in a darkened public housing stairwell in November. The indictment means Liang will be brought to trial on homicide charges.

But an important question remains: is anyone else responsible for Gurley's death?

The finger of blame points at two of New York City's largest and most important agencies. First, the New York City Housing Authority (NYCHA) must bear responsibility. NYCHA knows that stairwells are crime-prone locations that require regular patrols by the NYPD. By failing to maintain a properly lit stairwell, NYCHA placed its tenants and the city's police officers at serious risk of harm.

Worse, Gurley and his girlfriend used the darkened stairs after growing tired of waiting for an elevator, which apparently wasn't working properly. Another example of the disrepair that we know plagues NYCHA buildings, yet receives too little attention.

Indeed, the darkened stairwells that were the norm at the Louis Pink Houses created a crime prone location that no doubt necessitated the NYPD conduct vertical patrols in the buildings' staircases and on its rooftops. The darkened stairwells also contributed to the practice of officers performing these vertical patrols with their guns drawn, as it appears Liang did.

Clearly, NYCHA's failure to maintain a lighted stairway created a dangerous condition for both tenants and police officers which directly contributed to Gurley's death.

The NYPD is responsible for this tragedy as well. Two inexperienced and unsupervised "rookie" officers – Liang and his partner Shaun Landau – were given the dangerous job of patrolling the stairway. The officers may very well have been inadequately trained, and they were authorized by NYPD to draw their weapons while they patrolled the unlit staircase.

It is especially troubling to consider why the NYPD assigned two rookies to conduct a vertical sweep of this housing complex. Compounding the problem, Police Commissioner William Bratton - before Gurley's death - recognized that his predecessor's practice of pairing rookies together must be changed.

Unfortunately NYPD's decision to eliminate this risky practice of teaming inexperienced officers is ending too late for Gurley and his loved ones - and for the officers involved. Perhaps if a more experienced officer had been partnered with Liang, this tragedy might have been avoided.

As Bratton publicly stated, Gurley was "a total innocent" and the shooting was "an unfortunate accident." But, the NYPD's institutional culpability must not be overlooked. Calling it "an unfortunate accident" does not absolve NYPD's managers from its responsibility.

Gurley's death – whether caused by criminal or civil negligence – is a tragedy of enormous proportions. The criminal process may bring some closure to Gurley's family and friends, notwithstanding the fact that a trial verdict is always uncertain.

In the end, two major City institutions – NYCHA and NYPD – failed Gurley and Liang.

We must not allow those in charge of NYCHA or the NYPD to hide behind "no comment" when questioned about their roles in this tragedy. Although criminal and civil matters are pending, these city officials must tell the people of New York what institutional mistakes were made and how these mistakes are being corrected.

What's needed now is the light of full disclosure. If these agencies fail to acknowledge their roles in this terrible event, further investigation by the Brooklyn District Attorney may be required.

In the realm of public accountability, there should be no darkened stairwells.

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Arnold Kriss is a former NYPD Deputy Commissioner-Trials and Brooklyn Assistant District Attorney. He is presently a Manhattan attorney.

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Have an op-ed idea or submission for Gotham Gazette? E-mail editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.

Housing Needs Deserve Spotlight In This Year's Budget


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Gov. Cuomo speaking about his 2015 agenda (photo: Kevin P. Coughlin/Office of the Governor)


Existing programs are simply not sufficient to meet the demand for more affordable homes in New York State, in large part because they do not serve people across a wide range of incomes. Budget season is the perfect time to address this problem.

Strict income restrictions coupled with limited subsidy are obstacles to many families that apply for affordable homes. A recent New York Times article highlighted the challenges faced by many – people like Leigh Lumford, a Brooklyn resident who was rejected for an affordable apartment because she surpassed the income requirement by only $3,000 a year. Narrow income ranges make it nearly impossible for many families at the middle and very low end of the income spectrum to get the help they deserve.

However, there is a lot that New York State can do to help meet the housing needs of these individuals and families. The windfall from mortgage foreclosure and other settlements is an opportunity to make affordable housing programs work better for more New Yorkers. At NYSAFAH, we are calling for this year's budget to include a new $500 million fund to encourage the development of mixed-income housing. Mixed-income development serves a broader range of people and helps foster economic diversity, spur community revitalization, and create jobs.

Hardworking individuals shouldn't be forced into long commutes and less time with their families because of a shortage of affordable, middle-income housing. Teachers, firefighters and other professionals often find they can't afford to live in the communities where they work due to a shortage of quality rental housing plaguing towns throughout the state.

Proven programs, like the State Low Income Housing Tax Credit (SLIHC), encourage private investment in affordable housing projects. Today, there is more demand for SLIHC than credits available, which means some projects that would help middle-income families are never built. The State should increase funding for SLIHC by infusing $150 million into the program to help generate capital for mixed-income projects. Unlike federal programs, SLIHC supports housing for moderate- to middle-income households earning up to 90 percent AMI, and has helped build affordable homes in every corner of the state.

The Brownfield Tax Credit program is another important driver of affordable housing development, providing much-needed resources for the remediation of environmentally contaminated areas as well as credits to build affordable housing on remediated sites. Governor Cuomo has identified affordable housing as a priority use for the program, and its reauthorization this year is essential to continue transforming vacant lots into affordable homes for New York residents.

In addition to meeting the housing needs of low-, moderate- and middle-income New Yorkers, the Governor should be commended for establishing a NY/NY IV program to provide 5,000 units of permanent supportive housing for New York's homeless population. However, only a small fraction of those in need are ever placed in a supportive housing unit, even though supportive housing saves at least $10,000 per person per year. With approximately 80,000 homeless individuals throughout the state, NYSAFAH is calling for additional funding to develop and preserve 30,000 units of supportive housing over the next 10 years.

The growing demand for more affordable and supportive housing means communities, industry members, advocates, and lawmakers must come together to forge creative, new tools to get the job done. This year's budget and the funds from settlements are a once-in-a-generation opportunity to throw our support behind programs that make a real and measurable difference in the lives of New Yorkers.

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Jolie Milstein is President & CEO of the New York State Association for Affordable Housing (NYSAFAH), the largest trade association for the affordable housing industry statewide.

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Have an op-ed idea or submission for Gotham Gazette? E-mail editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.



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