(photo: @Gothamgazette)
October 23, 2019 - Max & Murphy Podcast: The Consequential Questions on Your Ballot
There are 5 consequential questions on the New York City ballot this fall, each of which poses changes to city elections or governance for "yes" or "no" reponses from voters. Two leading goverment reform experts -- Susan Lerner of Common Cause NY and Rachel Bloom of Citizens Union -- joined the podcast to discuss each of the five ballot questions and whether voters should approve or disapprove them.
(Note: Gotham Gazette is an independent publication of Citizens Union Foundation, sister organization of Citizens Union. Gotham Gazette does not take positions on ballot referenda or candidates for office.)
Listen to the conversation and let us know what you think -- we're on Twitter @TweetBenMax and @JarrettMurphy. You can listen to the show through the embedded audio below or download the episode wherever you get your podcasts, under "Max & Murphy."
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by Ben Max, Gotham Gazette
@tweetBenMax @GothamGazette
(photo: @Charter2019NYC)
Just seven people trickled in from the rain to attend the information session in the Lower Gallery of the Bronx Museum of the Arts last Wednesday night. Despite the low turnout, the small group has the potential to reach dozens or even hundreds more people because most of those who attended represented organizations. They had come to the museum that night to gather information to bring back to their members about the proposals that will be on this year’s ballot, whereby voters will approve or disapprove 19 changes to New York City governance and elections.
The event was part of the outreach strategy of the 2019 New York City Charter Revision Commission, which has held an information session in each borough to educate the public on the five ballot questions -- containing the 19 suggested city charter amendments -- that are about to go before voters across the five boroughs.
The commission was created through City Council legislation to explore the charter and propose amendments for New Yorkers to approve or reject, and its work is now coming to fruition -- early voting begins Saturday, October 26, and runs through Sunday, November 3; Election Day is Tuesday, November 5.
In the end, the commission put forth various proposals that amount to significant changes, though not an upheaval of how city government works. But for the amount of change contained in the five ballot questions and the granular detail of each one, the commission faces an uphill battle to get the word out, and its partners in city government are not doing much to help. Meanwhile, the commission did its work during the one year of the four-year election cycle with the fewest political races on the ballot to help drum up interest and participation.
“I wanted to come because I had heard about some of the prior sessions but have not had the opportunity to come to one,” said Kerry McLean of Women’s Housing and Economic Development Corporation, who had braved the weather to find out how the amendments could impact her constituents.
“We’re getting a lot of information now, but there was not a lot of information,” she told Gotham Gazette.
The Bronx outreach session came after others in Staten Island, Brooklyn, and Queens, and just before the Manhattan session the next night. An initial round of info sessions in each borough took place in September. (There were a series of other open meetings and public hearings leading up to the commission issuing its proposals that also offered the public opportunities to learn about the process and participate in it. The commission received hundreds of recommendations from civic leaders, good government groups, and everyday New Yorkers, eventually winnowing them down to the 19 in five categories, from elections to police oversight to city budget, and others.)
On Wednesday night, the Charter Revision Commission’s staff gave an initial overview of the scope of the commission’s work and how it functioned.
There was a bit of an echo in the room where the four commission staff, in commission-branded t-shirts, spoke and answered questions. Tables were set up along the walls on either side of the room, each dedicated to a different ballot question, where the seven members of the audience would stop and listen or ask questions. Rows of empty foldable chairs stood between the tables.
Following the opening remarks, the group began the more intimate discussion of each ballot question where they took advantage of the opportunity to probe for more details.
The Charter Revision Commission is now in the final weeks of outreach to inform voters about what they will see on the ballot and the implications of each proposal. The proposed amendments deal with a wider range of issues than charter commissions in recent decades. They fall into five categories, each with its own ballot question: elections, Civilian Complaint Review Board, ethics and governance, city budget, and land use.
The question getting the most public attention is number one, which would institute ranked-choice voting for party primary and special elections. The change would allow voters to select candidates on the ballot by preference rather than choosing just one and is backed by a coalition of advocates. It would eliminate run-off elections and is intended to ensure more inclusive, positive campaigning where winners of crowded races are chosen with a wide base of support.
Perhaps the most controversial proposal is one that would give the Civilian Complaint Review Board the ability to prosecute officers who lie under investigation, which is one of the planks under Question 2. That provision initially failed during a vote of the Charter Revision Commission, but was later approved after some commissioners sought a revote. Along with four other pieces, approval of Question 2 would strengthen the CCRB’s oversight of the NYPD and alter its structure slightly. While many police reformers want to see it passed, the largest police officers union is mounting a campaign to defeat it.
Other significant pieces of Questions 3, 4, and 5 include extending the prohibition on former government officials lobbying city government from one year to two years; creating independent budgeting for the public advocate and borough presidents; a significant step toward the city being able to create a “rainy day fund” for budget savings; and giving more notice to community boards getting about land-use applications.
The commission was created by the City Council in partnership with Manhattan Borough President Gale Brewer and then-Public Advocate Letitia James. Appointees came from Council Speaker Corey Johnson, Mayor Bill de Blasio, as well as James, Comptroller Scott Stringer, and the five borough presidents. No single office held a majority of the appointments, but Johnson selected the chair.
According to representatives, the commission has reached approximately 1,500 people at in-person info sessions, panels, and fairs and has shared its educational materials with over 3,000 civic and community groups throughout the city. There are roughly 5.2 million active registered voters across the city, a very small percentage of which are expected to turn out this fall.
“A major strategy of the outreach team has been to try to reach as many leaders as possible because we can only do so much with our small team,” said Marissa Solomon, a spokesperson for the Charter Revision Commission, in an interview with Gotham Gazette.
Commissioners and the Charter Revision Commission’s staff have presented at meetings of community boards, political clubs, and unions; civic groups like the Association for Better New York and the League of Women Voters; professional networks like the New York City Bar Association; at public libraries and in college classrooms. They have done radio, television, and podcast appearances. Subway and bus ads are running in English, Spanish, Bengali, Korean, and Traditional Chinese, according to Solomon.
Despite its efforts, the public likely remains uninformed about the content of the ballot proposals and even what role an appointed commission plays within the branches and auspices of city government. Several attendees at Wednesday night’s info session came into the meeting with the belief that the city’s Charter Revision Commission was involved in state efforts to deal with public campaign financing and fusion voting, which are being addressed in a separate commission created by Governor Cuomo and the State Legislature.
According to Solomon, the commission had a budget of between $1 million and $1.4 million for the full ad campaign, which is comprised of television, radio, print, transit, and social media ads, including a commercial hosted by the stars of Comedy Central’s “Broad City.”
She said to get the word out about the five-borough information sessions, the commission advertised on social media and sent information to news bulletins like the ones published by City & State, NY1, Politico New York, and the Associated Press. The commission has just 1,118 Twitter followers.
The info sessions held last week are the last scheduled before voters go to the polls, but Solomon believes the number of individuals engaged “will grow exponentially as Election Day draws closer.” She says this will be done largely through additional speaking engagements being organized with specific groups where the demand for information or the potential for broad reach is high.
The city’s Campaign Finance Board has been leading its own parallel outreach through its civic engagement initiative, NYC Votes. Throughout the month the CFB has been conducting an email campaign dedicated to each ballot proposal in the lead-up to the early voting period beginning October 26, though it is not clear how many subscribers those e-blasts have.
Information on each proposal is also part of the CFB’s voter guide, which is mailed to voters and available on its website, including statements from advocates for and against each proposal. NYC Votes has rolled out a paid social media campaign about the new early voting format with ad placements on Instagram, Facebook, Twitter, and YouTube, and a video directing voters to its website where they can access the Voter Guide.
"This year’s election is an opportunity for New Yorkers to start their early voting habit now--before we vote for president in 2020, and for mayor in 2021. With five important questions on the ballot, there isn't a better time to take advantage of New York's new early voting law," said Eric Friedman, Assistant Executive Director for Public Affairs at the CFB, in a statement.
But outside of the Charter Revision Commission and the Campaign Finance Board, few if any other city entities appear to be reaching out to voters.
Mayor de Blasio’s relatively new DemocracyNYC initiative, headed by Chief Democracy Officer Ayirini Fonseca-Sabune, is geared toward civic engagement and has been more focused on educating the public on the early voting system, according to administration spokesperson Jose Bayona.
“We work to complement the outreach of other agencies, including those doing outreach on the ballot questions,” Bayona wrote in an email, without providing specifics other than saying that the office has been directing voters to the CFB’s NYC Votes website.
A representative of City Council Speaker Corey Johnson, who was instrumental in creating the charter commission, pointed to examples of tweets and a radio appearance in which Johnson directed voters to learn more about the proposed amendments.
“As a sponsor of the legislation that created this historic Charter Commission, Speaker Johnson has been vocal about urging New Yorkers to make their voices heard on our city’s constitution. The Speaker will continue educating the public about this opportunity through Election Day,” wrote the spokesperson.
Neither Johnson nor the larger Council that he heads nor other top elected officials appear to have made much, if any, effort to get the word out about the existence of the ballot measures, much less urging voters to turn out to approve or disapprove them.
The city Board of Elections has little on its website about the ballot questions other than a sample ballot that includes them, but there is nothing greeting visitors to the site that indicates all New York City voters will have the five questions to answer when turning up to the polls.
Vivian Carter, a Bronx-resident who attended Wednesday night’s info session, heard about it from City & State’s calendar of public events. “Well, I know about ranked-choice voting because there’s been a lot of discussion about it and, to be honest with you, I really haven’t seen too much in the media about what the four other proposals are,” she told Gotham Gazette.
“It’s just good to hear from these people that were involved and put this together. The fact that the Charter Revision Commission staff are here made me more interested in coming,” she added.
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by Ethan Geringer-Sameth, reporter, Gotham Gazette
@GeringerSameth @GothamGazette
Rikers Island (photo via Lippman Commission report)
Late last week, the New York City Council approved the de Blasio administration’s plan to build four new borough-based jails to replace the detention complex on Rikers Island. The plan hinges on a continued reduction in the city jail population, in large part brought on by state and city criminal justice reforms and changes in city policing. Various aspects of the costs, and potential savings, involved in shuttering the Rikers jails and opening the four new ones – from construction to Department of Correction personnel to transportation of detainees to social services – were part of the larger debate over the plan that intensified to a fever pitch just ahead of the Council’s definitive vote.
But nowhere have all the latest figures and projections been brought together in one place to truly examine what the jails plan, and its many connected pieces, like changes to treatment for some people with serious mental illnesses, might cost and save the city. As with many other city projects and plans, there are capital costs related to physical infrastructure and operational costs related to people and programs.
The cost of the construction of the four new jails was initially pegged at $11 billion, a number that has since been revised down to $8.7 billion and could see further projected reductions based on last-minute changes made to the plan through negotiations that will reduce the height of each new planned facility. That number could also increase, of course, as construction projects, especially larger ones, often come in over projections. But as much as those projected costs were used in arguing against the new jails plan, they do not factor in the money that would be needed to repair and upgrade facilities on Rikers or the several borough-based jails that are currently operational but antiquated.
The jails plan also comes with a spate of additional community investments and funding for citywide initiatives aimed at further reducing the number of individuals caught up in the criminal legal system and incarcerated in city jails, and recidivism among those who spend any time in jail and thus become more likely to return.
Also on the operational side are projected savings from an eventual reduction in Department of Correction officers and the far more limited transportation costs as detainees will be jailed closer to courthouses.
The Rikers Island closure plan was proposed in April 2017 by the Independent Commission on New York City Criminal Justice and Incarceration Reform, led by former Chief Judge Jonathan Lippmann. The commission was convened by former City Council Speaker Melissa Mark-Viverito at a time when Mayor Bill de Blasio was hesitant to support such a plan. The mayor had initially called the closure of the 400-acre jail complex a “noble idea” but dismissed it as impractical. He later changed his tune, with Mark-Viverito, Lippman, and other criminal justice reform advocates all but making it impossible for him to oppose it.
The Lippman Commission estimated in its initial report that building five borough-based facilities would cost about $11 billion in capital funding. In the city’s 10-year capital budget, adopted earlier this year, the de Blasio administration allocated $8.7 billion over ten years for the four borough-based jails, one in each borough other than Staten Island. The jails in the boroughs other than the Bronx will replace existing jail facilities, including two operational and a defunct complex in Queens. The Bronx jail will help close “the barge” in that borough.
The $8.7 billion allocation marked a $7.7 billion increase in ten-year capital costs for the Department of Correction, with the administration reducing the timeline for construction by one year. “We feel confident looking at everything we know for sure that we can get the entire building effort done nine years from day one – so that will be 2026,” de Blasio said at a news conference on the release of his executive budget proposal in April of this year.
Those costs are preliminary estimates and relatively fluid. Ultimately, according to the mayor’s office, the cost of the new facilities will be determined on the basis of a competitive procurement process for design and construction. In final negotiations with the administration, the City Council also reduced the planned heights for the new buildings – the facilities in the Bronx and Queens will rise to 195 feet (about 19 floors) and the ones in Manhattan and Brooklyn will be 295 feet tall (about 29 floors) – which could further reduce the cost.
The city has yet to estimate the operational costs for the new facilities, though the smaller footprint compared to the eight jails currently operating on Rikers along with existing facilities in the boroughs is likely to lead to lower expenses. The current cost of running 11 jails across the city is about $2.7 billion for fiscal year 2020, which includes $1.36 billion in expense funding for the Department of Correction, $681 million in fringe benefits for DOC employees, $500 million for pensions, and $168 million for debt service.
The Lippman Commission approximated in a report put out this month that the new facilities could cut as much as $1.8 billion in annual operating costs from that number. Much of that is simple math. It costs about $247,000 to house an individual in a city jail for a year, according to the commission. The DOC also spends about $31 million each year to transport defendants between Rikers Island and courthouses and other appointments.
The new detention centers will be built to house around 3,300 total detainees and will hold 3,795 beds, down from the current jail population of around 7,200 and 14,000 beds across the system. The city will also reduce the number of correction officers at DOC, which the mayor has said will happen through attrition and not layoffs. That process may already be underway. According to the mayor’s office, there are currently no new incoming correction officer classes.
The 2020 fiscal year budget includes 11,816 full-time budgeted positions at DOC, down from 12,377 in the previous year. Expense funding for the agency, however was projected to increase in the outyears of the budget plan passed in June. In the 2021 fiscal year, the city estimates spending $47 million more on DOC operations and personnel (in city, state and federal funds), with that number dropping only marginally in 2022 and 2023.
The commission also looked at alternate uses for Rikers Island, including a potential expansion of LaGuardia Airport, new energy infrastructure, waste management facilities, and even a water treatment plant. Together, those could lead to about $7.5 billion in annual economic activity and create 50,000 jobs, the commission estimated, even bringing in revenue or reducing costs for other city agencies to the tune of millions. The cost to the city to develop those types of next-generation infrastructure projects would range from $15 billion to $22 billion.
The building of four new jails alone will directly create about 7,800 construction jobs over seven years, according to the Lippman Commission.
As part of the final deal ahead of the City Council vote, the city will also be putting an additional $391 million towards citywide and local investments at the insistence of the Council. “This is not just about making the facilities better, though that is important,” Council Speaker Corey Johnson said at a news conference prior to the Council’s vote on the jails plan. “It's about getting to the root of the problem of mass incarceration, and ensuring that people coming off of Rikers Island or other state prisons are able to reintegrate back into society and get the support they need.”
City Council Member Adrienne Adams, chair of a subcommittee that first voted through the jails plan, had announced that the investments would be about $470 million but that number was later amended. “Originally we included council initiatives for [Fiscal Year 2020] and one-shots by the administration, but the revised numbers only reflect the Points of Agreement,” said a Council spokesperson in an email. The points of agreement, formalized in a letter to the Council, include a range of new initiatives and expanded funding for current ones, and will ramp up till the 2023 fiscal year.
Those initiatives include $66 million in the 2021 fiscal year (of which $54 million is new funding) to fund the supervised release program and other pre-trial services; $30.6 million in 2021 for alternatives to incarceration programs; and $34 million in 2021 for reentry and discharge programs.
The jails plan estimates, especially on the construction side, do not account for delays and cost overruns, of course, for which the city’s capital planning and execution are notorious. “It's a giant, complex infrastructure project,” said Nicole Gelinas, senior fellow at the Manhattan Institute. “I mean, realistically, we're at the end of 2019, so they have five years to demolish three jails, mitigate the sites and build four new jails that they still haven't done design specifications for.”
“I think it would be miraculous really if the city were to achieve this on time and on budget,” she added. She also noted that the $8.7 billion for the jails plan doesn’t account for other facilities the city is building to house severely mentally ill detainees currently at Rikers. In March, as first reported by THE CITY, Health + Hospitals put out a request for proposals for consulting services on building Outposted Therapeutic Housing Units that would be attached to existing hospital facilities. There have been few details of how many beds those facilities would include and at what cost. “You could easily see that costing well above a billion dollars just to do that, and that's completely off the budget right now,” Gelinas said.
Gelinas predicted that the jails plan will face legal delays as well, which are prompted by even the simplest infrastructure projects like bus lanes. And, she said, the city has a lackluster record of capital project construction. “We just built the [Hunters Point library in Queens] that was half a decade late and basically twice its budget and it doesn't have facilities for the handicapped...I mean, even when these things are pretty straightforward, we're not all that good at it.”
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette