(photo: Michael Appleton/Mayoral Photography Office)
When video was captured in 2014 of Staten Island resident Eric Garner dying with an NYPD officer’s arm wrapped around his neck, just months after the election of a progressive mayor promising a new day at the police department, it seemed like a watershed moment. The evidence was there for millions to see for themselves, across the city and country, and beyond. It seemed impossible that the officer, Daniel Pantaleo, would escape any accountability. But more than four years later there has been little beyond Pantaleo’s move to desk duty. Years of agitation and advocacy, lawsuits and desperate pleas occurred as a Staten Island grand jury declined to indict Pantaleo on criminal charges and a federal civil rights investigation has crawled to no end. Only recently -- amid ongoing criticism that there is still no real accountability for police officers who break the public trust, department protocol, or the law -- the NYPD announced a departmental trial.
Over the course of the past five years, there is little evidence that Mayor Bill de Blasio and the police department that he controls have taken steps to improve officer accountability, and the administration has even taken a large step backwards in terms of transparency (and the accountability that can come with it) regarding officers’ disciplinary records. Now, de Blasio is facing another round of questions about his management of the department, while he touts reform measures like de-escalation training and neighborhood policing that do not appear to directly connect to outcomes for officer accountability.
The recent arrest of Jazmine Headley, also caught on video that went viral, led to no action against two police officers who were seen violently pulling the young mother’s one-year-old baby from her arms and threatening bystanders with a taser. The NYPD, after a “strenuous” week-long review of the incident, declared its officers innocent and pegged the blame on two security guards, called “peace officers,” at the Human Resources Administration office where the incident took place. Separately, Department of Social Services Commissioner Steven Banks, under whom HRA falls, suspended the two peace officers and announced that they would face disciplinary charges that could lead to termination. Tellingly, Banks also announced new HRA protocols that include directing peace officers to not request NYPD assistance -- unless there is an immediate safety threat -- “without first contacting the Center Director or Deputy Director or her/his designee to attempt to defuse the situation by addressing a client need.”
De Blasio, who came to power in 2014 vowing to reform the NYPD but has since failed to fully follow through in the eyes of many of his supporters, initially issued a tepid response to the incident and later defended the NYPD during a press conference and then an interview on WNYC’s The Brian Lehrer Show. He pointed to the peace officers and a situation that was “already out of control” when the NYPD arrived, and said it was “unfair” that critics lambasted the NYPD while ignoring the many reforms that have been enacted under his tenure.
“It’s very easy to critique when you’re not in charge,” said de Blasio, whose allies acknowledge several aspects of police reform he has instituted but say he’s fallen far short on accountability for badly behaving officers. “When you’re in charge you better get your facts straight.”
Elected officials and advocates were dismayed by the NYPD’s refusal to discipline the two police officers. “This defies belief. I am angry, confused and heartbroken,” City Council Speaker Corey Johnson tweeted on Friday. “Anyone who watched that video I’m sure comes to the same conclusion. We still need Justice for Jazmin[e].”
“This incident was badly mishandled, and agencies’ independent reviews have determined which employees are the most responsible for escalating the situation,” said Olivia Lapeyrolerie, a de Blasio spokesperson, in a statement. “Now we will work to ensure that both agencies work together to improve their policies and protocols so we can prevent this incident from happening ever again. This will absolutely lead to immediate reforms on the part of both agencies.”
Joo-Hyun Kang, a spokesperson for the Communities United for Police Reform coalition, said the department “is continuing to protect its own officers at any cost.”
“On Mayor de Blasio’s watch, the NYPD has been completely unwilling to hold its own officers accountable for wrongdoing and misconduct,” Kang said in a statement, calling for the two police officers to be fired from the force. “It’s outrageous and wrong that no officers were even interviewed for the NYPD’s sham investigation into Jazmine Headey’s arrest, and that the names of officers have still not been released. An independent investigation into Jazmine Headley’s case and how the NYPD officers acted is clearly needed.”
The Civilian Complaint Review Board, an independent police oversight agency, is also investigating the incident and it’s possible it may come to a different conclusion than the police department. However, even if the CCRB makes a disciplinary recommendation, NYPD Commissioner James O’Neill would still have the final word and could dismiss even those findings. BuzzFeed News reported in March that hundreds of police officers had been allowed to remain on the force despite committing offenses for which they should have been terminated. The report prompted the NYPD to create an independent panel in June to review its disciplinary practices. The three-member panel was initially given four months for the review but requested an additional 90 days to complete its work, at the end of which it will issue a public report with its conclusions.
“In a day and age that we’re talking about building trust between police and communities, that incident undoes all the progress we’re trying to make,” said City Council Member Donovan Richards, who chairs the Council’s public safety committee, in a phone interview on Monday. “It further exacerbates the mistrust.”
Though he credited the mayor and commissioner for taking what steps they have to improve the public’s perception and relationship with police -- including the neighborhood policing program and the body camera program -- he flatly said accountability has not improved. As a response, he is preparing to introduce legislation that would mandate the creation of a “discipline matrix” that categorizes police conduct violations and details the specific punitive measures each violation would invite. Other jurisdictions have codified such guidelines to ensure that misconduct is punished in consistent and standardized ways, with little leeway for weakening disciplinary recommendations. Similar policies have been enacted and debated in other municipalities as well, including in Newark, New Jersey, which created a new civilian oversight board in 2016 that would use a matrix to determine responses to officer wrongdoing.
“What happened to bias training?” Richards wondered, citing the new training techniques that the department has been touting alongside de-escalation training as a solution since after Garner’s death in 2014. “Why do we need training to treat communities of color with respect? If this was a different zip code, this incident would absolutely have not happened.”
“If you have to get training to not pull a baby so harshly, you probably do not belong in the department. I don’t know how you train someone to not do that,” he added. Richards had called for the officers to be fired soon after the incident.
One significant hurdle to accountability has been the de Blasio administration’s reinterpretation of the state Civil Rights Code’s section 50-a, which protects police officers’ personnel records from public disclosure. Previous administrations have released a limited amount of information about officers’ disciplinary history. De Blasio’s administration did so as well up to 2016, when it claimed that the law had been misinterpreted for decades and changed its policy. The mayor said his hands were tied and that it was up to the state Legislature to scrap the provision.
Richards noted, however, that there has been “radio silence” from the administration on repealing 50-a. “There’s always time to get a better grade,” he said of the city’s record on police accountability, “The big test coming up is 50-a.” He is encouraged that a Democrat-controlled state Legislature will take up the issue if there is a vocal push for it.
Results of the NYPD commission and repealing 50-a could bolster the notion of a new era of accountability that critics are demanding. In the wake of the Headley incident, not only did those critics connect what they saw as police misconduct to the Garner incident, but also to other instances in the years since, including multiple shootings by police of unarmed individuals suffering from mental illness. An ongoing federal corruption trial involving several former top NYPD officials and two prominent donors to the mayor has also undermined the department’s reputation and the mayor’s commitment to reform.
Short of any steps forward, Richards is concerned that the department is sending a message to other “bad apples” that they will be defended no matter what their behavior, further eroding any confidence that New Yorkers, especially communities of color, may have in law enforcement. De Blasio has staked some of his policing legacy on a neighborhood policing program he says is part of already drastically-improved relations between police and communities -- a claim many activists and elected officials say is overly generous. The administration also points to a reduction in both use-of-force incidents and complaints against officers as proof that its policies are working, while crime continues to drop and arrests are significantly down.
Recalling the video of Headley’s arrest, Richards worried about her baby and the trauma he went through.
“That baby will see that video some day,” he said. “Do you think he will trust the police?”
***
by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
New York City Hall
What to watch for this week in New York politics:
Governor Andrew Cuomo will kick this week off with a major speech in Manhattan, at which he has promised to outline his 2019 legislative agenda, according to comments he made Friday on the Capitol Pressroom with host Susan Arbetter. That speech will be most of the political buzz on Monday, and may provide fodder for the week, depending on what Cuomo says about more controversial or unexpected things like legalizing recreational marijuana and actions to combat climate change. Much of what the governor will say is already known, he's made a fairly long list of priorities evident for months after the end of this year's budget and legislative session in Albany left many policy items favored by Democrats on the table. Now, with a fully Democratic Legislature set to take over in January, the Democratic governor is getting out ahead to tell legislators and the public much of what he wants to get done.
As Cuomo speaks in Manhattan, Mayor Bill de Blasio's administration will be kicking off Manhattan week in its City Hall in Your Borough initiative. It's not yet clear what that will include in terms of Manhattan-focused announcements by the mayor. He only has one public event on Monday, giving introductory remarks about the program.
This week we're watching for any further word as the city and federal representatives try to work out a deal for the future of NYCHA, though a deadline has now been pushed to the end of January.
This week will also see the flurry of end-of-year activity at the City Council continue -- see details below -- and a few state legislative hearings ahead of the start of the new legislative session in Albany in January. The race for Public Advocate also continues this week with at least one candidate forum, and other campaigning expected.
And there are other things happening all over the city, with several 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
The de Blasio administration will hold City Hall in Your Borough in Manhattan this week. As usual, components will include a city resource fair and a town hall meeting, while the administration will generally pay special attention to the borough at hand, typically including borough-focused announcements. On Monday at 12:30 p.m. at P.S. 150, "Mayor de Blasio will deliver remarks at P.S. 150 to kick off City Hall in Your Borough. This event is open press. There will be no Q-and-A." Later Monday, "the Mayor will deliver remarks at the School Construction Authority's 30th Anniversary Party. This event is closed press."
Governor Andrew Cuomo will give a speech on Monday morning in Manhattan to lay out specific elements of his 2019 legislative agenda, and to discuss what Franklin Delano Roosevelt would do today. At 11 a.m. at the New York City Bar Association, Cuomo will deliver an address on his "agenda for first 100 days" of 2019.
Monday morning will be the NYCERS Common Investment Meeting at 1 Centre Street. Public Advocate Letitia James will be among those who attend.
At the City Council on Monday:
--The Committees on Health and Civil Service & Labor will meet jointly at 10 a.m. for an oversight hearing regarding the “health of 9/11 responders and the surrounding community.”
--The Committee on Environmental Protection will meet at 10 a.m. to discuss a proposed law to replace the city’s school bus fleet with electric buses.
--The Committee on General Welfare will meet at 1 p.m. for an oversight hearing regarding homeless shelter conditions, as well as to discuss several related proposed laws.
At the State Legislature on Monday: the Assembly Standing Committees on Economic Development and Small Business will meet jointly at 11 a.m. at SUNY Buffalo’s Center for an oversight hearing “to examine the effectiveness of economic development programs that leverage state funds to translate technology advancements into viable long-term business development and economic growth.”
At 2:30 p.m. Monday at Brooklyn Borough Hall, Borough President Eric Adams “will discuss enhancements that have been made in recent weeks to advancing public safety in Downtown Brooklyn, following discussions he convened with local law enforcement agencies, business leaders, community stakeholders, educational institutions, and residents’ associations after a series of daytime shooting incidents several months ago as well as greater concerns about gang-related activity threatening children, families, and seniors around the Fulton Mall area. Amid the activity of the holiday shopping season, which brings an influx of foot traffic to Downtown Brooklyn, Borough President Adams will be joined at a media briefing by leadership from the Downtown Brooklyn Partnership (DBP), Kings County District Attorney’s Office, New York City Department of Probation (DOP), New York City Police Department (NYPD), and New York State Courts Department of Public Safety, among others. They will also share some important safety tips for the holiday season and beyond.”
Members of the Fair Elections for New York coalition are holding two rallies on Monday to call on state leaders to pass election and campaign finance reforms in 2019 -- they want a “small donor matching program, the closing of campaign finance loopholes, and comprehensive voting rights reform.” One Monday press conference will be at 1 p.m. at New York City Hall, where “organizations working on issues from climate change to criminal justice, joined by grassroots resistance groups that played a major role in NYS’ recent Senate elections, will hold a rally and press conference to call for passage of a progressive platform, beginning with campaign finance reform and progressive tax policy, which they hope to pass during the NYS budget session.” The other Monday press conference will be on Long Island at 3 p.m. at the Suffolk County Legislature Lobby, where “community groups and grassroots activists will be joined by Suffolk County Legislators who passed public financing for county elections last year including Rob Calarco to call for leaders in Albany to follow Suffolk County’s lead.”
On Monday at 4:30 p.m. outside City Hall, “Advocates and homeless New Yorkers will be joined by faith leaders for a candlelight vigil outside of City Hall to urge Mayor de Blasio to increase the number of apartments set aside for homeless New Yorkers in his Housing New York 2.0 affordable housing plan to 30,000 units, with 24,000 units to be created through new construction.” The vigil will be led by the House Our Future NY coalition.
At 5:30 p.m. Monday, Borough President Melinda Katz will chair a meeting of the Queens Borough Board, at Queens Borough Hall.
Tuesday
At the City Council on Tuesday:
--The Committee on Sanitation will meet at 10 a.m. for an oversight hearing regarding “diverting non-curbside collected materials from landfill,” as well as to discuss a proposed law relating to “city agencies’ organics collection.”
--The Subcommittee on Zoning and Franchises will meet at 10:45 a.m.
--The Committee on Land Use will meet at 11 a.m.
--The Committee on Consumer Affairs will meet at 1 p.m. to discuss two proposed laws, one relating to exempting stores with price scanners from merchandise labeling requirements and one prohibiting the use of dogs or cats as security in certain contracts.
--The Committees on Education and Finance and the Subcommittee on the Capital Budget will meet jointly at 1 p.m. for an oversight hearing examining the city’s new 5-year capital plan for schools.
--The Committees on Criminal Justice and Cultural Affairs will meet jointly at 1 p.m. for an oversight hearing regarding “Department of Probation arts programming.”
At 10:30 a.m. Tuesday, the Joint Commission on Public Ethics will meet in Albany.
At 11:30 a.m. Tuesday, City & State will honor its “Responsible 100,” consisting of “New York's most outstanding responsible executives, thought leaders, visionaries and influencers who are setting new standards of excellence, dedication and leadership in improving their communities and making transformative change.” The Rev. Al Sharpton and Mary Stuart Masterson of Stockade Works will deliver keynote remarks. The event will take place at Sony Hall in Times Square.
At noon Tuesday, Mayor de Blasio and Manhattan Borough President Gale Brewer will host a city resource fair for Manhattan residents at the Children’s Aid Milbank Center in Harlem.
At 7 p.m. Tuesday, several Democratic clubs will host a forum for Public Advocate candidates. There are 16 candidates confirmed as of Sunday. Gotham Gazette’s Ben Max and the Daily News’ Alyssa Katz will moderate the event, at First Unitarian Church in Brooklyn Heights.
Wednesday
At the City Council on Wednesday:
--The Committee on Immigration will meet at 1 p.m. for an oversight hearing regarding “the need for legal representation in immigration court under Trump.”
--The Committee on Small Business will tour Harlem Biospace at 3 p.m.
At 10 a.m. Wednesday, the City Planning Commission will hold a public meeting at 120 Broadway.
The latest episode of Max & Murphy on WBAI radio will air at 5 p.m. Wednesday, at 99.5FM and wbai.org, and will feature interviews with city Comptroller Scott Stringer and Lieutenant Governor Kathy Hochul.
At 6 p.m. Wednesday, the Panel for Educational Policy will hold a public meeting at Murry Bergtraum High School in Chinatown.
At 6:30 p.m. Wednesday, Mayor de Blasio and City Council Member Keith Powers will hold a town hall meeting at Hunter College’s West Building on the Upper East Side. Also co-hosting will be Manhattan Borough President Gale Brewer, U.S. Rep. Carolyn Maloney, State Senators Liz Krueger and Brad Hoylman, and Assemblymembers Dan Quart and Harvey Epstein.
Thursday
The City Council will hold its final Stated meeting of the year at 1:30 p.m. Thursday. Speaker Corey Johnson is likely to host a pre-Stated press conference at 12:30 p.m.
At the State Legislature on Thursday: the Assembly Standing Committee on Housing will meet at 10 a.m. in Albany for an oversight hearing regarding the enacted budget for New York State Homes and Community Renewal.
At 9:30 a.m. Thursday, Empire State Development will hold a directors’ meeting at its headquarters in East Midtown.
At 1 p.m. Thursday in Syracuse, members of the aforementioned Fair Elections for New York coalition will rally at the State Office Building, where “community groups and grassroots activists will be joined by elected leaders including Senator-elect Rachel May and Assemblyman Stirpe to call for voting rights and a small donor public financing system as an immediate priority for New York State.”
Friday and the weekend
Mayor de Blasio may make his weekly appearance on WNYC’s The Brian Lehrer Show at 10 a.m. Friday.
Note: this is the final Week Ahead of 2018. We’ll be back with The Week Ahead for the first week of January 2019.
***
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
What's The [Data] Point? Episode 61 - 2,268, 'Deinstitutionalization' in New York, with Stephen Eide of the Manhattan Institute [You can download What's The [Data] Point? wherever you get your podcasts, including on iTunes]
Stephen Eide, a senior fellow at the Manhattan Institute for Policy Research, is the author of a new report about New York’s inpatient mental healthcare system, the state push toward deinstitutionalization, and what it has meant for people with serious mental illness and New York City. "Cuts to state psychiatric hospital beds has coincided, in recent years, with increasing mental illness-related pressures on the city’s homeless services and criminal justice systems," Eide argues.
Listen to the conversation and let us know what you think: Ben Max of GG (@TweetBenMax), Maria Doulis of CBC (@MariaDoulis). Listen below or download wherever you get your podcasts!
***
by Ben Max, Gotham Gazette
@tweetBenMax @GothamGazette