New York City Hall
Happy New Year!
So far, New York politics in 2016 looks a lot like 2015. On Sunday, Gov. Andrew Cuomo announced a new Executive Order related to homelessness that appears to be the opening salvo in his plan to take aim at the issue, most pressingly in New York City, where he's criticized Mayor Bill de Blasio's handling of the crisis that includes about 60,000 homeless people. Cuomo's order notes that homelessness is a problem around the state and says that when temperatures are below freezing, municipalities must provide shelter to homeless individuals, move homeless people to shelter, extend shelter hours, and maintain quality shelter conditions that meet state and local laws and regulations.
The move gets at the rivalry between the governor and the mayor, which shows little sign of abating, despite the fact that there are real policy issues - and lives - at stake. De Blasio has battled a persistent homeless census, issues with the conditions of homeless shelters, and a good deal of criticism from the governor and others, which has all led to a shake-up in his administration. To fight homelessness, de Blasio has enacted a good deal of new policy and drastically increased funding toward a variety of programs, but he has only just recently been able to level off a growing number of people without consistent housing.
On Sunday, the de Blasio administration was quick to point out that the governor's executive order does little, if anything, to change things in the city, which already has a must-shelter law and where the city recently announced new protocols for shelter hours and services. There is one main point of contention, though, which is the order's provision that homeless individuals must be moved to shelter - something the de Blasio administration says can only be mandated through state law.
De Blasio is sure to get questions about these issues when he holds a press conference centered around another topic Monday morning in Brooklyn - see below for details.
Cuomo, meanwhile, is gearing up for his January 13 State of the State and budget address, which is likely to include other policies aimed at homelessness. Cuomo is set to make an announcement on Monday in Manhattan - see below for details.
The state Legislature returns to Albany for its first session day of 2016 on Wednesday of this week. There are legislative hearings on the minimum wage and the failed Health Republic insurance exchange this week - see below for details.
Later this week, de Blasio is likely to hold a ceremony to sign his own recent Executive Order, the one mandating paid parental leave for about 20,000 nonunion city employees. De Blasio announced the policy in late December and promised to reopen collective bargaining with city unions in order to make the benefit part of their contracts. He's also looking to the state and federal governments to act on paid family leave so that all New Yorkers (and Americans) can take time off to care for a new child or a sick or elderly relative (de Blasio's initial policy is only for new parents, it does not cover care for sick or elderly relatives, but most paid family leave bill proposals do). [Read: De Blasio Moves on Paid Parental Leave]
As always, there's a great deal happening all over the city, with many events to be aware of - read our day-by-day rundown below.
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The run of the week in detail:
Monday
On Monday at 7:15 a.m. outside Barclays Center in Brooklyn, "Mayor de Blasio, Senator Charles Schumer, elected officials and senior Administration leadership will meet morning commuters...to pass out flyers on the City's new commuter benefits law. Tomorrow is the first work day after the law went into effect on January 1." Read about the new transit benefit laws here: New Transit Program Called 'Win-Win' for Many Commuters and Employers.
At about 7:30 a.m. inside Barclays Center, "the Mayor will hold a press conference to discuss commuter benefits." Then, at 1:30 p.m. Monday at One Police Plaza, de Blasio and NYPD Commissioner Bratton "will hold a press conference to discuss historically low crime numbers in New York City."
At 11 a.m. Monday at 1199 SEIU headquarters in Manhattan, Gov. Cuomo will make an announcement, kicking off "The Mario Cuomo Campaign for Economic Justice." City officials, including Comptroller Scott Stringer, will attend.
Tuesday
At 6:30 p.m. Tuesday, City Council Members Dan Garodnick and Rosie Mendez will co-host a community town hall focused on "Homelessness on the East Side" at the Parish Hall of the Church of the Epiphany. A variety of other Manhattan elected officials are also co-sponsoring and will either attend or send representatives.
Wednesday
The New York State Legislature holds its first day of 2016 legislative session in Albany on Wednesday.
At 9 a.m. on Wednesday in Albany, the Senate Standing Committees on Health and Insurance will hold a public meeting about "The demise of Health Republic and preparing for the future."
At the City Council on Wednesday:
Thursday
At 8:30 a.m., Senator Charles Schumer "will discuss Congress' year-end budget and how it impacts New York" at an Association for a Better New York breakfast event.
At the City Council at 10 a.m. Thursday, the Committee on Aging will meet for an oversight hearing about social adult day care.
At the state Legislature on Thursday: an 11 a.m. public hearing in Albany held by the Senate Standing Committee on Labor to analyze "the overall impact increasing the statewide minimum wage to $15/hour would have on workers, employers, and the state as a whole."
Friday and the weekend
Nothing on our radar right now, but that can easily change as events are announced once the week gets going. Stay tuned for updates here and elsewhere.
Read more recent highlights from Gotham Gazette:
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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).
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by Ryan Brady and Ben Max
@GothamGazette
Ringing in the new year (photo: Ed Reed/Mayoral Photography Office)
As we usually do about this time of year, Gotham Gazette asked New York politicos to look into their crystal balls for predictions for the year ahead. Below you'll find insights from elected officials, journalists, advocates, analysts, and others who are tuned in to New York politics.
Looking back at last year's predictions for this year, some of our forecasters did quite well (see Nicole Gelinas, Ruben Diaz Jr., Alexis Grenell); while others missed the mark (see Eric Adams, Sal Albanese, Bob Gangi). Gelinas predicted that the Central Park carriage horses would not be out of a job, and was right; Diaz Jr. predicted that new Bronx Metro North stations would get funded, and was right; and Grenell predicted that 9 out of 10 Women's Equality Act planks would get passed in a compromise, and was right. Meanwhile, Adams predicted Brooklyn winning the 2016 DNC and hosting a Pope Francis mass; Albanese predicted Bill Bratton would be out as NYPD commissioner; and Gangi predicted the mayor would end broken windows policing - none of which came true.
See a new round of political predictions, these for 2016, below.
***Have something to add to the conversation? Tweet us @GothamGazette. And, be sure to read the latest reporting from Gotham Gazette; including our look back at The Top Ten Stories of 2015 in New York Politics and much more.***
PREDICTIONS for 2016 in NEW YORK POLITICS:
Kathryn Wylde, president & CEO, Partnership for New York City
The City Council will rise to the occasion and pass the Mayor's Mandatory Inclusionary and Quality Affordable Housing Zoning Amendments, but the 421a incentives needed to complete the city's production goals will get kicked back to the legislature, and no one can predict how that ends up.
Alyssa Katz, editorial board, New York Daily News
Adam Forman, Center for an Urban Future
Michael Powell, columnist, The New York Times
Nicole Gelinas, Manhattan Institute
The horse carriages and their customers will be ringing into 2017.
City Council Member Mark Levine
Mayor de Blasio will reverse his previous policy position and decide to see Star Wars Force Awakens. He will like it so much that he orders a pilot program exploring NYPD use of light sabers.
Staten Island Borough President James Oddo, via his end of year message
2016 will bring a new economic development campaign to entice businesses who are being priced out of other boroughs to think of Staten Island instead of New Jersey.
Carol Kellermann, president, Citizens Budget Commission
Christina Greer, professor of political science, Fordham University, and author of Black Ethnics
Jeff Smith, New School urban policy professor and author of Mr. Smith Goes to Prison
Because of a split in the Latino community, Rangel's seat will continue to be represented by an African-American - likely Keith Wright.
Doug Muzzio, political scientist, Baruch College
Jeff Foreman, director of policy, Care for the Homeless
Governor Cuomo uses his State of the State address in January to agree to and promote the NY/NY4 Supportive Housing plan, agreeing to NYC's 15,000 units and matching Mayor de Blasio with 15,000 units for NYC and another 5,000 units elsewhere in the state, but sets it as a 10-year - not a 15-year - program.
Heath Brown, professor of public policy, City University of New York, John Jay College
Political contributions from New Yorkers to various presidential candidates will top $100 million in 2016, but NY will still trail California and Texas by a long shot in total contributions.
Assemblymember Luis R. Sepulveda, 87th AD
Nick Powell, opinions editor and columnist, City & State NY
Continuing their destructive feud, Cuomo (and, by extension, the Legislature) will deny de Blasio mayoral control of schools. Part of a calculated play that will end with Cuomo getting behind a rival Democrat for the New York City mayoralty in 2017.
Evan Siegfried, Republican strategist and president of Somm Consulting
Cuomo will decide to personally primary de Blasio in 2017, but launch his campaign in 2016 because it would be too much fun not to.
Alexis Grenell, Democratic political strategist
A nasty blind quote about de Blasio is attributed to a mysterious, highly placed Democratic source in the Cuomo administration.
Michael Benjamin, columnist and former Assembly member
Neither Governor Andrew Cuomo nor Mayor Bill de Blasio will be the Democratic vice-presidential nominee.
Ted Hamm, chair of journalism and new media studies, St. Joseph's College, Brooklyn
The investigation of the Eric Garner case will continue throughout most of 2016. Commissioner Bratton will continue to maintain that he's waiting for the DOJ to finish its inquiry before the department can start its six-month long disciplinary hearing. In the meantime, Officer Daniel Pantaleo will continue to collect his paycheck.
Joe Bello, Navy veteran and veterans advocate
The de Blasio administration will struggle to make "functional zero" for homeless veterans and right before his State of the City, Governor Cuomo will come through with real estate developers that will help house the remaining veterans, stealing Mayor de Blasio's thunder once again.
James Parrott, deputy director and chief economist, Fiscal Policy Institute
With tax collections growing 5% a year and local government budgets outside of NYC stretched to the breaking point, election-year legislators will respond to their constituents' calls for needed public services and convince Governor Cuomo to stretch, lift, bend or create new exemptions to his 2% state spending cap.
Mike Okhravi, CEO of DocChat
Health care across the state will continue to become more unaffordable for New Yorkers, as New York's DSRIP will not positively impact providers or patients.
Alex S. Vitale, associate professor of sociology, Brooklyn College
Andrew Berman, executive director, Greenwich Village Society for Historical Preservation
In 2016, Mayor de Blasio will stop blocking sensible community rezoning plans that incentivize or require affordable housing while maintaining a reasonable scale of development in areas like University Place and Chinatown. Instead of taking the current path with the deeply unpopular 'Zoning for Quality and Affordability' and 'Mandatory Inclusionary Housing,' the Mayor will come up with individually tailored and narrowly focused changes to the city's zoning...In general the Mayor will realize that he can't truly address affordability issues and the needs of average New Yorkers while continuing to try to please the real estate developers who have so generously supported his campaign. Or, I predict 2017 won't be a very good year for the Mayor.
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Mayor de Blasio (photo: Rob Bennett/Mayoral Photography Office)
Gotham Gazette's top ten storylines of New York politics in 2015:
10. Big State Money Matters
In 2015, New York banned fracking, made plans for three new casinos, and gave away more big bucks toward economic development in areas of the state struggling to create jobs. Governor Andrew Cuomo was loved by environmental activists for the fracking ban, but criticized by those that look to fracking for economic stimulation, which is at the heart of the move toward casinos and state development grants.
9. Housing New Yorkers
Mayor de Blasio continues to struggle with New York City's homelessness crisis while he pushes forward with his ambitious and in some respects controversial affordable housing plans.
De Blasio is undergoing a shake-up in his administration in terms of leadership on the homelessness issue, all while Gov. Cuomo promises state-led fixes come January. De Blasio is pushing forward not only programs in place to prevent people from losing their homes and to get people out of shelter and into permanent housing, but also to mitigate a street homelessness issue that became a major political problem for the mayor. And, he's moving on his rezoning proposals, which have met quite a bit of community pushback, that are key to his affordable housing plan of building or preserving 200,000 units over ten years.
8. Education Debates Continue
The Common Core continues to stir controversy and is under review yet again - just like the standardized tests tied to the learning standards and their role in measuring student, teacher, and school progress. A big 2015 opt-out movement pushed the issue further. Teacher evaluation policies continue to shift as the weight of those tests is likely to be reduced after having been increased just a few months ago.
The battle over charter schools is largely settled, at least for now, strange as it is to say. Charters have been protected by Cuomo and state policy, and de Blasio has largely put down his sword, knowing that he has other dragons to slay. Charter advocates say they don't plan to hold big rallies in 2016 and Eva Moskowitz says she isn't running for mayor in 2017.
Mayor de Blasio's pre-kindergarten program has gotten off to a truly impressive start and he's dedicating increasing resources to schools serving the most disadvantaged students. But, as de Blasio and his schools chancellor, Carmen Farina, continue to implement their vision, questions have arisen: are they turning around struggling schools? Do they need more time or do they just not get it? They promise progress through more resources, community schools, tough love, and personnel reshuffling when necessary.
With the legislature, Gov. Cuomo signed off on just one-year extension to mayoral control of city schools and de Blasio will have to ask for another extension in 2016. Cuomo also promises another round of education reform proposals come January.
7. Policing New York City
Crime continues to trend down overall; though murders are up slightly, as are reported rapes; but shootings are down, as are several other major felony crimes. Complaints about police to the civilian board that fields them are down, as are marijuana arrests.
But, questions continue to arise from the right and the left about Bill de Blasio and Bill Bratton's NYPD: Are they really reformers, as de Blasio promised they'd be? Or is the broken windows approach too aggressive? Not being practiced aggressively enough?
Stop-and-frisks are down, but they're still disproportionately targeting black and Hispanic men compared to their proportion of the overall population. Cops have begun a new form of community policing in certain higher crime precincts, we'll know more in 2016 about how that is playing out, as we will about the efficacy of the department's new training protocols, instituted by de Blasio and Bratton. There's a host of NYPD reform and reporting bills sitting in the City Council that are opposed by Bratton (and thus, de Blasio), and are not moving - a major 2016 test for the Council Speaker, Melissa Mark-Viverito, and her progressive allies.
6. City & State Flush With Cash
The New York City economy is very, very good, and tax revenue is allowing the city a ballooning budget - including new union contracts - while the state has had an influx of cash due to bank settlements, allowing for billions in spending on infrastructure and more. Some parts of the state aren't doing well, and Gov. Cuomo continues to step in to send economic development funds their way. Everyone's wary of an economic downturn, but the city is so flush it is socking away money even while adding more to a budget clocking in at about $80 billion.
5. Cuomo-De Blasio Feud
The 2015 Albany session didn't go well for de Blasio - not just with the limited extension of mayoral control, but also with regard to his 421-a proposal aimed at furthering his affordable housing plan and with rent regulations coming in less generous to tenants than the mayor had hoped.
After de Blasio lashed out at Gov. Cuomo on June 30, it was on from there - an even more obvious, angry, and petty rivalry, which manifested regarding Legionnaires' Disease, minimum wage, the MTA, homelessness, crime, and more. Some say the feud is hurting New Yorkers whose lives and quality of life are in the balance as the two avoid collaboration about as much as possible. But, others say de Blasio and Cuomo are now trying to outdo each other on progressive policy and it may actually be helping struggling New Yorkers to a good degree.
As 2015 closes, neither will so much as say the other's name. As much as they say their staffs are in constant contact and they recently shared a well-publicized dinner to begin repairing the relationship, it's hard to believe that New Yorkers aren't unwilling victims of this rivalry.
4. City Continues Progressive Policy Push
Mayor de Blasio and a like-minded City Council are pushing forward with policies to help New Yorkers at the margins, and those in the middle class and struggling to make it. They've passed and continue to push new workplace and workforce regulations; affordable housing requirements; environmental and immigrant protections. They've implemented a municipal ID program; expanded library service, aid for senior citizens, community schools, and more as they seek to increase and equalize opportunity.
As mentioned, some question the city's free-spending ways, but the money is there and most fiscal watchdogs give city officials at least passing grades over the last couple of years in terms of responsible budgeting. Questions remain about new welfare standards, effective management of city services and the homelessness crisis, and more. For now, some think city government is overreaching in its efforts and spending, but the results appear positive as the city is relatively safe, the economy humming, and more New Yorkers feeling as though the government is working for them.
3. De Blasio's Up and Down Year
The mayor is doing a lot - while the city is safe and the economy continues to boom - but he's hit some roadblocks and gotten hit from the left and the right, all while being locked in his bitter feud with Gov. Cuomo, which is largely unhelpful to the mayor's agenda.
From the left, critics say de Blasio is too cozy with real estate; too harsh on homeless New Yorkers; and not enough of an NYPD reformer. From the right, they say he's too easy on homeless New Yorkers; not tough enough on crime; spending too much money on progressive programs; not closing enough failing schools or supporting charters; and not a strong enough manager.
No matter the criticisms, de Blasio has many programs in place and progress to point to in terms of his pre-kindergarten, affordable housing, and Vision Zero road safety plans, among others.
De Blasio's missteps regarding the presidential race and his approach to communications have hurt him, but he did find more solid footing as the year came to a close.
2. Cuomo Tacks Left
Governor Cuomo made a big liberal push starting just after Albany business wrapped up for the year. He moved on the minimum wage; nail salon workers; teacher evaluations; and several criminal justice reforms, to name a few of many signs of a governor who has found his inner liberal. This came after a tumultuous Albany season in which the governor was the only one of the 'three men in a room' still standing after Sheldon Silver and Dean Skelos were each indicted (and later convicted). While Cuomo oversaw budget and legislative deals that largely continued his more centrist governing style, he shifted hard left this summer and into the fall and winter. Next steps for Cuomo: showing New Yorkers he's finally going to lead a real push to clean up Albany corruption.
1. Preet Bharara's Trophy Wall
U.S. Attorney Preet Bharara took down two men who were among the three most powerful in New York state when he got to them. The indictments and convictions of former Assembly Speaker Sheldon Silver and former Senate Majority Leader Dean Skelos shook Albany - to the extent that anyone was surprised by more corruption among state lawmakers, charges against the two sitting legislative leaders within months of each other was truly shocking. Don't forget that they weren't the only state lawmakers forced from office due to corruption charges this year, and they're among dozens over the past decade or so who've stepped down or been removed from office for ethical problems.
Silver and Skelos have been replaced atop their chambers and will now be replaced in office come special elections. Will Albany replace key elements of the system that they, and so many others, took advantage of? As Bharara would say: stay tuned.
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by Ben Max, Gotham Gazette
@tweetBenMax
(photo via the governor's office on flickr)
The Assembly working group on operations, participation, and transparency is set to miss its self-imposed December deadline to issue recommendations on how to make the chamber more accommodating to the public and rank-and-file members.
Assemblymember Gary Pretlow, the group's co-chair, told Gotham Gazette: "We wanted to get it out before the end of December but that's not gonna happen."
The 12-member group was put together by newly-minted Assembly Speaker Carl Heastie in April as a concession to pressure from reform-minded members and good government groups. The group has gotten off to a slow start and it is unclear how promising the endeavor will be.
In August Pretlow told Gotham Gazette that he and fellow co-chair Brian Kavanagh had only solicited ideas from members via email and not had much response. Heastie defended the group's pace that month.
"The idea was for them to meet and have conversations and come back to us with recommendations in the next session. So I've left that to the 12 members of the committee...they have time," Heastie was quoted by State of Politics. However, by Pretlow's description, only two of the members have had any real say so far.
Pretlow says things have picked up for at least himself and Kavanagh, if not the rest of the working group.
"Assemblyman Kavanagh and I have been wading through 15 pages of recommendations. We've been meeting about every week. We didn't want to bring everyone to Albany every week because then you guys would say we were milking per diems. So it's damned if you do, damned if you don't," Pretlow told Gotham Gazette.
Pretlow said he hopes to present the 12 other members of the group with recommendations within the next two weeks and then share what they agree on with the full Assembly when it returns to session January 6.
Proposals the group could be considering include ones that would more equally distribute resources amongst members, allow for a more open committee process, mandate use of the internet to better publicize important hearings, and allowing rank-and-file members to more easily advance their bills.
The group has faced criticism for not including Assembly Republicans who have long complained of having their voices silenced in legislative committees and bills killed before they reach a vote.
Pretlow said that he and Kavanagh have met with some groups with outside interest in reforms, "We met with the so-called good government groups to take their suggestions and we looked for input from the public but we haven't got any," Pretlow said.
When asked how the group solicited public input, Pretlow said he thought perhaps there was "something on the internet," and encouraged Gotham Gazette to contact Kavanagh for specifics. Kavanagh's office did not return request for comment.
"We've gots lots of recommendations from what's been in the press," said Pretlow. "It's not like this is a secret group."
Representatives of good government groups had slightly varying takes on their meeting with the working group but agreed it wasn't particularly eventful.
Blair Horner, of The New York Public Interest Research Group, said it was hard to read the pair either way and that he felt they were on a "fact-finding mission."
"It was hard to read the tea leaves, they played it close to vest and they were non-committal," said Horner who noted that the working group can't make promises as the Democratic conference will have to approve the recommendations.
Other attendees felt the pair outright rejected many of their proposals without even the slightest consideration and that it seemed they were more concerned with perception and political power than moving on major reform. "We essentially read a list of proposals to these guys and they told us why they can't, or won't, do them," said one attendee.
Some reformers were hoping the group would have recommendations that would have been debated in public hearings, and agreed on in time to pass during their first day in session. It is more likely the conference will discuss the recommendations for the first time as a body on that day.
"The only thing I have to say is that now is clearly the time for Heastie and the Assembly Democrats to make a clean break with a very corrupt and undemocratic past," said John Kaehny, executive director of Reinvent Albany, when told about the delay. "It's on the Assembly Democrats to change the culture and the rules that have been a breeding ground for scandal after scandal. We hope Speaker Heastie is up to the challenge."
Heastie, who replaced his predecessor, Sheldon Silver, when Silver was indicted (he has since been convicted on federal corruption charges), has received praise from a number of his younger members for listening to a wider range of legislators than Silver and for empowering rank-and-file members.
"Since becoming Speaker, I have made a special effort to create issue specific workgroups and a new subcommittee structure that promotes member participation while exploring new ideas to move New York forward," said Heastie in a statement announcing the creation of the working group. "Members have a lot of great ideas, and the creation of this new workgroup is an opportunity for us to build on the strong processes already in place that promote transparency and accountability."
However, there is growing concern among reformers in and out of the Assembly that Heastie is essentially punishing Kavanagh for pushing for more reforms, which could theoretically weaken Heastie as leader, by sticking him with a group that is meant to be a dog and pony show. Pretlow told Gotham Gazette in August that he wanted to make sure the group didn't do anything to infringe on Heastie's "power."
"This has got to be torture for the guy," said a fellow Democrat of Kavanagh, "He actually wants change and Carl is making him pay for it."
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by David King, Albany editor, Gotham Gazette
@DavidHowardKing
Gov. Cuomo (photo: Kevin P. Coughlin/Office of the Governor)
When Gov. Andrew Cuomo vetoed two bills that would have strengthened the Freedom of Information Law last Friday he framed his action as though the bills were an assault by the legislature--a legislature that refuses to operate under the same set of FOIL rules. A message accompanying his subsequent executive order, which calls for the speeding of FOIL appeal responses, promised: "We will introduce a bill early next year to bring the same, necessary high standards of transparency to the legislature."
Cuomo is now expected to meet with a number of stakeholders in the FOIL debate on Wednesday, including representatives of good government groups.
Assemblymember David Buchwald, sponsor of one of the vetoed bills, told Gotham Gazette that he rejects the ideas that his bill was an attack on the governor and that the issue is one that pits Cuomo against the legislature. He notes that the Assembly has passed his bill for years, that is has been around since before Cuomo became governor, and that, importantly, it has a far wider scope than Cuomo's order. Buchwald says his bill would make executive agencies, local governments, the comptroller and attorney general offices, and the legislature file appeals to FOIL requests within 60 days.
Cuomo is certainly correct that the Freedom of Information Law significantly limits the type of legislative records that are available to the public.
"There are always people who argue that you can't improve some things until every single thing has been improved, but that position doesn't improve things for New Yorkers. It is designed to make sure there is no change," Buchwald told Gotham Gazette.
"This piece of legislation primarily comes out of the Committee on Open Government, which is an executive branch agency. The governor might be right to point back to the legislature, but this legislation has been on his desk and he could have acted at any time. It is not a mere football to be part of this battle," Buchwald said.
John Kaehny, executive director of Reinvent Albany, noted that most state legislatures are not subject to FOIL and that New York's FOIL is modeled after the federal Freedom of Information Act which does not cover legislative or judicial records. Reinvent Albany issued a report on Tuesday comparing Cuomo's executive order to the vetoed legislation, declaring the order a "setback for transparency."
The report goes on to rebut Cuomo's criticisms of the vetoed bills:
"Previous governors have signed bills strengthening and modernizing FOIL, including the biggest recent change, which explicitly addressed emails. Yes, FOIL should apply to the state legislature, as it does in almost two dozen states. But it is bizarre and unprecedented for a governor to veto FOIL bills which strengthen the existing FOIL—which applies to state agencies and authorities and non-profits, the attorney general, comptroller, and all local governments—because it does not apply to the legislature."
Buchwald noted that Cuomo could have introduced legislation at any time to increase the strength of FOIL.
The governor's subsequent executive order took part of Buchwald's bill and implemented it for the executive branch - requiring executive agencies to appeal a judge's decision to grant a FOIL request within three months, down from nine. But Buchwald's bill would have required an agency submit an appeal within 30 days and finalize the paperwork within 60.
Additionally, Buchwald's bill applied those rules to not only the executive but the comptroller, attorney general, local governments, and authorities. Authorities have become of particular interest to the press corp and good government groups as the Cuomo administration has funded the Buffalo Billion economic development program through such mechanisms and has been criticized by many for a lack of transparency. United States Attorney Preet Bharara is reportedly investigating contracts related to the Buffalo Billion.
Bob Freeman of The Committee on Open Government told State of Politics that he is involved in discussions with the governor's office about revamping New York FOIL. "Although they were indeed vetoed, I've already spoken to the counsel to the governor, we will be working soon on developing legislation that involves a meeting of the minds that would advance the goals the Committee on Open Government has expressed," Freeman said of the two bills.
"The executive order the governor issued hours later shows that there is a lot of merit to my bill but it would have applied to local governments, the attorney general, comptroller and authorities. And the governor's order doesn't touch any of Assemblywoman Paulin's bill," Buchwald said.
Paulin's legislation, also authored by The Committee on Open Government, would have changed a single word in the law from a judge "may" award legal fees if an agency is found to have improperly denied a FOIL request, to "shall." Five other states, including California, New Jersey, and Illinois have such a law.
The Cuomo administration appears to be responding to criticisms of the vetoes and subsequent executive order with a heightened sensitivity. Sources say Cuomo counsel Alphonso David has made an unprecedented number of calls in a short period of time on the matter. A number of sources told Gotham Gazette that they hope the Cuomo administration is actually looking for input from interested parties during Wednesday's meeting and not simply going to reveal their plan while demanding endorsements. Cuomo appears ready to make a renewed push on ethics reform in January when legislators return to Albany. This appears likely to include an expanded FOIL bill.
Freeman told State of Politics that Cuomo's executive order is a "positive step forward," but that "It's not nearly as expansive as a law would have been."
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by David King, Albany editor, Gotham Gazette
@DavidHowardKing
(photo via The Governor's Office on flickr)
It appears that labor leaders and real estate developers are at an impasse in their negotiations of an extension for a controversial tax abatement program meant to encourage affordable housing. Known as 421-a, the program gives real estate developers significant property tax breaks for building affordable housing as part of otherwise market-rate buildings. State lawmakers decided in June to leave the future of the expiring program contingent upon an agreement between labor and business.
Sources close to negotiations characterized discussions as "dead," adding that the Real Estate Board of New York was "unhappy" with the direction of negotiations with the construction workers union. Others told Gotham Gazette that there hasn't been any movement for some time, while other key stakeholders appeared not to have thought or heard anything about the status of negotiations in weeks.
However, spokespeople for John Banks, head of the Real Estate Board of New York, and Gary LaBarbera, head of the Building and Construction Trades Council of Greater New York, told Gotham Gazette that negotiations continue.
"These are ongoing, good faith, negotiations and we are not going to discuss them publicly," said Jamie McShane, of REBNY, by email. "The negotiations mark a great opportunity to engage in frank and honest discussions about how we can build much more affordable housing, ensure construction workers are treated fairly and create job opportunities for residents of the city."
LaBarbera, issued a similar statement: "We continue to meet with REBNY representatives and are hopeful we will reach an agreement on an extension of the 421-a program in the weeks ahead which provides workers with good wages and benefits and needed affordable housing across New York City."
Both groups say they are working toward a deal by the January 15 deadline. It is unclear whether Gov. Andrew Cuomo's office is involved in mediating negotiations - Cuomo helped spearhead the deal that left extension of 421-a, a government tax and housing policy, up to private parties. The Cuomo administration did not return request for comment.
The 421-a exemption is a favorite of the development industry that has been applied liberally but enforced loosely. It is also seen as essential to building affordable housing in New York City, especially in most desirable neighborhoods.
When 421-a was expiring in June, Cuomo and legislative leaders agreed on a compromise. The deal temporarily extended the program, to the end of the year, while setting up tighter requirements for the affordability component but leaving the future more precarious. Seemingly spurred by concerns that federal prosecutors were watching closely, legislators left it up to labor unions and real estate representatives to negotiate the final, crucial aspect of the deal: the prevailing wage component. Allowing labor unions and the real estate industry to decide legislative policy has been questioned by a number of tenant and good government groups, as well as people in government.
In announcing the major aspects of an end-of-session deal on June 25, Cuomo's office outlined the 421-a extension: "The legislation extends the 421-a program for six months, with a provision that allows representatives of labor and industry groups to reach a memorandum of understanding regarding wage protections for construction workers. If such an agreement is reached, the program will automatically be extended for four years."
Sen Liz Krueger, Democratic member of the Senate Committee on Housing, Construction and Community Development, told Gotham Gazette that she has been informed that negotiations are on the rocks. Krueger has been against putting 421-a negotiations in the hands of real estate and labor. "I've heard through the grapevine that negotiations aren't going well and, OK, that says to me that the program comes to an end," said Krueger. "I believe that it is inappropriate for groups that benefit from a tax break to be in charge of negotiating it."
Having control over the tax breaks, which can be worth millions of dollars, and the jobs created by construction is a major motivator for real estate and labor but many speculate that developers would be more willing to walk away from the negotiating table if labor demands for worker pay eats too far into their bottom line. There are also questions about how easily LaBarbera is able to negotiate with one voice on behalf of the various unions within his larger organization.
Though an agreement may be on the verge of alluding stakeholders, there is more time till the deadline, and deals do tend to get reached at the eleventh hour.
One party certainly paying close attention, if not working to influence negotiations, is the administration of Mayor Bill de Blasio, whose affordable housing goals rest, in part, on 421-a-related development.
"We fought hard to secure a program that eliminated tax breaks for luxury condos, doubled affordable housing production, and slashed subsidies per apartment by a third," said Wiley Norvell, a spokesperson for the mayor. "Against some strong political headwinds, we got these reforms passed. The rest is in the hands of the parties that officials in Albany chose to hammer out final program details."
In Fiscal Year 2015, 421-a accounted for more than $1.1 billion in government tax expenditures.
Yet, a recent ProPublica investigation of 421-a found "The failure of city and state regulators to effectively police the tax break at the heart of such deals and hold developers to their word."
This discrepancy is something de Blasio and his team have vowed to change and are working with state partners to correct. It is also part of the impetus for changes in the policy that Norvell alluded to.
When developers apply for and receive the tax abatement, they do not have to pay property taxes for three years during construction, after which their exemption lasts decades in exchange for keeping some units in their new buildings under rental affordability caps. It is part of the state tax code, but applies to New York City development and is overseen by the city Department of Housing Preservation and Development.
Though he has decried how it has been applied and enforced in the past, Mayor Bill de Blasio wants to see 421-a extended, and his ambitious affordable housing plans include units accrued through the program. In the spring, de Blasio offered his own 421-a reform plan, which he got real estate buy-in for, but was rejected by Cuomo, who insisted in more protections for labor. The deal reached by Cuomo and legislative leaders was actually very similar to de Blasio's proposal, but was indeed more favorable for the construction unions - if they could reach a compromise with real estate leaders, of course.
"The story of 421-a has been told," said Krueger. "We don't get the bang for our buck; It has been abused; the real estate industry has learned how to avoid delivering affordable housing and it drives up land prices, which is not helpful in New York City."
Vicki Been, head of de Blasio's housing department, said in November that the administration hoped a deal on 421-a would be reached, but that the city and the administration's affordable housing plans would survive even without one.
"Life will go on," Been said during an event at New York Law School. "There was life before 421-a, and there will be life if 421-a fails. We will survive and still deliver our 200,000 units," Been said, referring to the administration's ten-year goal of preserving or building 200,000 affordable units. Still, Been indicated she would like to see 421-a extended and that, in a newly strengthened form, it would be helpful in achieving the administration's goals.
Cuomo has indicated that he is confident in whatever negotiations might yield. "Organized labor is part of the process and that's what this legislation stipulated," Cuomo said in July, according to State of Politics. "The legislation speaks for itself and it sets up the process and whatever the process yields, that's what the process yields."
If no deal is reached, there may be several fingers pointing at Cuomo for abdicating responsibility. Meanwhile, enough 421-a funded affordable housing is in the pipeline already that an expired program later renewed sometime in 2016 may not cause too many problems for affordable housing development in the city. Some have expressed concern, though, about the ability of nonprofit affordable housing builders to survive without 421-a; and those builders are not necessarily well-represented by REBNY.
Krueger said that she would be happy to negotiate an all new affordable housing program that takes into account the lessons learned from 421-a. She'd like to have a public debate with all the stakeholders involved. However, she fears if a deal with REBNY and labor fails to materialize, a replacement might be negotiated behind closed doors at the last minute in the state budget--specifically the funding bill that is usually presented to legislators and voted on after all the other budget bills.
"I believe now is the right time to negotiate a bill with all the facts on the table," said Krueger.
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by David King, Albany editor, Gotham Gazette
@DavidHowardKing
Assembly Member Michael Blake, center (photo via @youngblackkings)
Two days after announcing that he would be joining a consulting firm as a partner while retaining his seat in the New York State Assembly, Michael Blake has changed his mind.
"I've decided that the clear priority is and always has been the constituents of my district, and I'm not going to allow anything to distract from that. I'm not going to be a partner at Hilltop," Blake told Gotham Gazette Sunday evening, meaning Hilltop Public Solutions, the consulting firm.
"I'm not going to let the noise that's been out there continue," he added, referring to the immediate negative response that the announcement garnered from good government advocates and in the media. "I'm not going to let this be a distraction for the people. I want to be focused on the work and focused on my family."
The change of mind comes after the Friday uproar when, on the same day that former Senate Majority Leader Dean Skelos was convicted of using his public office for private gain, Hilltop announced that Blake was joining the firm. Blake and Hilltop both said he would only be handling national and international clients - none with business before New York State - and Blake explained that the move had been cleared by an Albany ethics commission. But, the timing and the cynicism around Albany lawmakers and their real and perceived conflicts of interest led to a powerful backlash against the move.
Blake, a Democrat elected in 2014, is upset about how the announcement was portrayed, but acknowledged the bad timing and that the atmosphere around New York elected officials is toxic. The reaction to Blake's announcement came not just the same day as Skelos' conviction, but soon after that of former Assembly Speaker Sheldon Silver, also found guilty of abusing his government power for private gain.
"There is an environment and climate that we're in right now, that it is believed that anything that we do outside the legislature is wrong," Blake said during a Sunday interview. "While it's not a fair assessment in my eyes, we have to be sensitive that that's the reality. I did above and beyond being transparent and communicating what I would be doing, but even with that, you have people who have conveyed a narrative that there would be a conflict. Perception is reality, I did not want this to continue to be a distraction."
Dick Dadey, executive director of good government group Citizens Union, was one of Blake's toughest critics when the news broke on Friday. Told of Blake's decision on Sunday, Dadey said, "Michael Blake's bold decision to give up the Hilltop job is what true leadership is about. His taking the job was perfectly legal, but it did give the perception that there was a conflict of interest that could affect his ability to represent his constituents. He's gone from appearing to be 'more of the same' on Friday to being the kind of legislator that we need to send to Albany more often."
While saying that he will continue to push for transparency in state government as well as increased democratization of the Assembly, Blake argued that not all legislators should be painted with the corruption brush because of those who have abused their positions, such as Silver and Skelos.
"It is not accurate that there is a culture of corruption in Albany," he said, directly refuting claims by critics including good government groups and U.S. District Attorney Preet Bharara, who brought the cases against both Silver and Skelos. "There are 213 of us" in the legislature, Blake said. The bad actors "are the minority. The supermajority is doing everything above board and appropriate."
Blake has worked closely with Silver's replacement, Carl Heastie, who also represents part of the Bronx. He said that reforms were happening under Heastie, "Progress has already begun," Blake said Sunday. "Heastie was pretty phenomenal right out of the gate," getting newer Assembly members involved and opening up the decision-making processes.
"I've been one of the more public and ardent advocates for reform the entire year," Blake said, noting his push for Assembly members to be more involved in the budget process. "Just because you're providing for your family doesn't mean you can't also advocate for reform," he said.
Explaining that he is the primary income earner for his family, that his is the home at which family members gather during the holidays, Blake explained his need for earning beyond his $79,500 annual salary as an Assembly member. He also stressed that he is both against banning outside income and very careful about disclosure - Blake already runs his own small consulting firm.
"I'm not in agreement with banning outside income. I think we are ignoring race and class issues when we do that. You have no idea of the dynamics for someone who is serving," Blake said. "If you ban all outside income, you create a scenario where only the rich and wealthy can serve."
While running for office in 2014, Blake made money giving speeches and providing consultation for several clients. He disclosed the firm he founded, Atlas Strategy Group, his clients, and his income on a form submitted to the Legislative Ethics Commission, which is available on the JCOPE website. While he sought a vacant Assembly seat in 2014, Blake earned at least $80,000.
Blake, a former aide to President Obama and veteran of both of Obama's presidential campaigns, continued to perform paid speaking engagements and consulting in 2015, he said on Sunday. He will disclose all of his 2015 income as necessitated and he will handle clients in 2016, he said, while also explaining that he would be working with fewer clients through his own small firm than he would have if he had joined Hilltop.
"We know this decision hits Assemblymember Blake's family pocketbook hard," Dadey of Citizens Union said. "We look forward to working with him and his colleagues as we try to address the issue of state lawmakers' outside income and salary."
Blake said he will indeed bring in some income in addition to his base salary. "I'll still work in the same way I've been preaching and public speaking, I'll still consult from time to time," he said. "In the same way [legislators] can be a professor or a lawyer, and as I've done in the past, I'll disclose in the future."
Blake said he had informed those at Hilltop of his decision. "They have a great track record of electing progressives," he said of the firm. "I was going to help them with that national work. But they are understanding of the bigger picture. They are understanding of the work we could have done to help push progressive values across the country, it has to be secondary for me to the primary point of not doing anything that is perceived to be not helping folks at home."
"I understand the environment we're in," Blake repeated. "I don't want us to be talking about trials...I want us to be talking about these kids."
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by Ben Max, Gotham Gazette
@TweetBenMax
Note: Gotham Gazette is an independent publication of Citizens Union Foundation, sister organization of Citizens Union.
Gov. Cuomo (photo via The Governor's Office on flickr)
In response to the conviction of former Senate Majority Leader Dean Skelos on multiple federal corruption charges, Gov. Andrew Cuomo declared on Friday that the legislature "must stop standing in the way of needed reforms." Only a few hours later he vetoed two bills designed to speed and reform Freedom of Information Law response and require the state to pay court costs incurred by FOIL users whose requests a judge finds have been improperly denied.
Facing searing backlash from good government groups and accusations of hypocrisy, the governor partially reversed himself the next morning by issuing an executive order "to expedite the freedom of information law appeals process," requiring agencies to handle FOIL appeals within 90 days.
In a statement accompanying announcement of the executive order, Cuomo said, "My administration is proud to lead by example in making government more open and transparent." Pointing to the essence of his approach to the bills he vetoed, the executive order, and controversy around FOIL, Cuomo added, "and we will introduce a bill early next year to bring the same, necessary high standards of transparency to the legislature."
The legislature is currently exempt from FOIL.
The governor's weekend moves, appearing somewhat contradictory, garnered mixed reactions, including much criticism Friday evening, then some support on Saturday.
"The governor was given a clear choice between being part of the problem in Albany or part of the solution," wrote a coalition of good government groups in a statement released in response to the vetoes. "These vetoes call into question the governor's commitment to transparency and Freedom of Information."
Cuomo framed his vetoes as part of a concerted effort to make the legislature subject to the stricter FOIL rules. He called the reimbursement bill, sponsored by Assembly Member Amy Paulin, "myopic" and said he was concerned for "judicial discretion in FOIL cases."
On Saturday, a Cuomo spokesperson, Rich Azzopardi, continued pressing the idea that the veto was designed to force the legislature into action, telling various outlets: "The governor will not let the legislature off the hook for not being subject to FOIL."
Some advocates are pleased with the temporary compromise while others say Cuomo is not "leading by example" and is instead deflecting attention to the legislature to prevent the executive from having to comply with measures that will ensure greater transparency.
John Kaehny, executive director of Reinvent Albany and New York representative of the National Freedom of Information Coalition, pointed out that the FOIL bills were written by the state's own director of open government, Robert Freeman of the Committee on Open Government. Kaehny characterized Cuomo's executive order as "so weak it is close to meaningless."
"It takes Incredible chutzpah for a governor who just vetoed two important FOIL bills to say he 'won't the legislature off the hook,'" Kaehny told Gotham Gazette. "The governor's 'comprehensive FOIL reform' is another way of saying that the governor has no intention of strengthening FOIL. Skelos and Silver just got convicted, and it's the same old games in Albany."
Dick Dadey, executive director of Citizens Union, characterized Cuomo's vetoes as "unfortunate" but welcomed the executive order and said he believes the governor plans to move forward with FOIL reform in good faith.
"What the executive order represents is common ground between the governor and the legislature," said Dadey. "The governor had concerns about judicial discretion and putting an unfair burden on executive agencies over others. I take the governor's concerns as legitimate and not a smoke screen because otherwise he wouldn't have issued an executive order."
Cuomo is due to give his State of the State address in combination with his budget presentation on January 13 in Albany. At that time, or near it, the governor is expected to unveil his FOIL reform proposals, including to make the legislature subject to FOIL.
Assembly Member David Buchwald, sponsor of the bill designed to speed state agencies' FOIL appeals, told the New York Times the executive order was "A step in the right direction."
***
by David King, Albany editor, Gotham Gazette
@DavidHowardKing
Note: Gotham Gazette is an independent publication of Citizens Union Foundation, sister organization of Citizens Union.
Gov. Cuomo (photo via The Governor's Office on flickr)
Gov. Andrew Cuomo has until midnight Friday to sign or veto two bills that would strengthen the state's Freedom of Information Act, often known as FOIL. "In a nutshell, these two bills are the difference between FOIL working and not working," said John Kaehny of Reinvent Albany, a good government group that has been instrumental on the issue and is urging the governor to sign the bills.
Cuomo's decision comes with the backdrop of the conviction of former Assembly Speaker Sheldon Silver on corruption charges and the ongoing trial of former Senate Majority Leader Dean Skelos--both cases have focused on what happens behind the scenes in Albany, far from public view. Calls for drastic measures around ethics and transparency reform have heightened, with many looking to the governor for leadership.
The two bills are designed to make state government respond faster to FOIL requests and to reduce the prohibitive impact of legal costs on pursuing FOIL requests. Cuomo spokesperson Dani Lever told Gotham Gazette both bills are still "under review."
Assembly bill 114 would reduce the time a government agency has to appeal a judge's decision to grant a FOIL request from nine months to two. The other, Assembly bill 1438B would amend a single word in state FOIL law: instead of saying a judge "may" award legal fees if an agency is found to have inappropriately denied a FOIL request, the new law would say a judge "shall" award legal fees. Both bills passed the Legislature unanimously and The State Committee on Open Government recommended their passage.
Assembly Member Amy Paulin, sponsor of the latter bill, A.1438B, told Gotham Gazette that she spoke to the governor's counsel this week and explained the motives for the bill. "We're hoping for the best," she said.
States including California, Colorado, Florida, Illinois and New Jersey have FOIL laws that require the courts reimburse those who file FOIL requests and are wrongly denied by the state.
On Dec. 4 a host of groups that regularly utilize FOIL, including the New York Civil Liberties Union, The Brennan Center, Consumer Union, Sunlight Foundation, Citizens Union, and Common Cause, wrote Cuomo asking him to sign the bills.
"The Freedom of Information Law is the single most important tool for open and transparent government in New York State. Journalists and government watchdog groups depend on FOIL to help hold government accountable," reads the letter. "Businesses rely on FOIL to ensure the government procurement process is fair. Unfortunately, state agencies often deliberately delay the FOIL process, or simply do not provide the requested records. Agencies know that it is very expensive for the public to appeal a FOIL request to the courts. Because of this, agencies are often able to effectively ignore FOIL without being challenged."
While there is unified support from legislators and good government groups for the legislation, there is still concern among advocates that Cuomo will decide to veto the bills.
Despite having run on the promise of "the most transparent administration in history," Cuomo's government is known for withholding information, moving at a snail's pace on FOIL requests, using Blackberry messaging to avoid leaving records of communications, and even implementing a policy where state agency employees were directed to purge their emails. That email policy was rescinded only after major outcry from good government groups, legislators, and journalists, and only after an initial email purge was complete.
"The criticisms of Albany we've heard from both the Silver and Skelos trials are that Albany is too opaque, so signing these bills could go a long way to sending a message that things are changing," said Blair Horner of the New York Public Interest Research Group. However, Horner noted that both Silver and Skelos have been members of the legislature and the legislature is basically exempt from FOIL - something advocates have been looking to change.
Kaheny told Gotham Gazette that he expects the bills could be "challenging" for the Cuomo administration because they would "immediately produce transparency demands on the administration."
At least six newspapers have editorialized in favor of the legislation this month. FOIL is a particularly significant issue for journalists who find that pursuing information requests regularly fall to costly legal battles due to government resistance. The costs are so prohibitive for many outlets that any government resistance effectively defeats the quest for transparency. Groups like the NYCLU and the Empire Center, which routinely use FOIL, are used to absorbing those costs that can reach tens of thousands of dollars because judges have the tendency not to force agencies to reimburse FOILers' legal fees.
Kaehny, of Reinvent Albany, said he finds it unlikely that any state agency would encourage the governor to sign the legislation as they are the ones who would end up paying for fighting FOIL requests and on top of what, Kaehny asks, "Who wants to be more transparent? No one."
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by David King, Albany editor, Gotham Gazette
@DavidHowardKing
Note: this article has been updated to reflect that a "pocket veto" is not applicable in this instance.
New York City Hall
***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
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What to watch for this week in New York politics:
Monday
On Monday, Mayor Bill de Blasio will attend the memorial service for John E. Zuccotti. At 12:30 p.m., "the Mayor will deliver remarks at NYPD's Clergy All-In Conference at One Police Plaza." At about 2:45 p.m. at the Staten Island South Shore YMCA, "the Mayor and First Lady Chirlane McCray will host a press conference to make an announcement related to substance misuse."
On Monday morning in Albany, leading experts on the New York State Constitution and the prospects for a Constitutional Convention will hold a media “boot camp.” The event will include Gerald Benjamin of SUNY New Paltz; constitutional scholars Christopher Bopst and Peter Galie; Richard Brodsky, senior fellow at Demos and former Assembly member; and Henry M. Greenberg, chair of the New York State Bar Association’s Committee on the New York State Constitution and former counsel to the New York State attorney general. “The event is sponsored by the Nelson A. Rockefeller Institute of Government of the State University of New York, New York State Bar Association, Government Law Center of Albany Law School, state League of Women Voters, Siena Research Institute and New York News Publishers Association.”
On Monday at 10 a.m. at City Hall, the push for Bus Rapid Transit (BRT) intensifies: “Public Advocate Letitia James, Council Member Donovan Richards, Council Member Jimmy Van Bramer and the “BRT For NYC” Coalition will co-host a press conference to announce increased community support for bringing high-quality bus rapid transit to Queens. The “BRT For NYC” Coalition will be represented by ABNY, NYPIRG Straphangers Campaign, New York League of Conservation Voters, Pratt Center for Community Development, Riders Alliance, Tri-State Transportation Campaign, Transportation Alternatives, Transit Workers Union Local 100, and Working Families Party. Bus riders and members of the Queens community will also be in attendance.” [Read our recent look at the issue: All Abord the BRT Express?]
At the City Council on Monday:
At noon, before the Council’s stated meeting, there will be a rally at City Hall to unveil “First-of-its-kind NYC Council legislation to be unveiled cracking down on deadbeat companies that stiff the city’s 1.3 million.” Members of the Freelancers Union, other labor reps including from the UFT and 32BJ, other activists, and several City Council members led Brad Lander, Laurie Cumbo, Rafael Espinal, Steve Levin, and Margaret Chin will hold a rally at the steps of City Hall to pass legislation protecting New York City’s freelancers. [Read our recent look at the issue: City Council Developing New Protections for Workers in ‘Gig’ Economy]
As the week begins, City Council Member Jumaane Williams is in Washington, DC from Sunday to Tuesday “attending the Joint Center for Political & Economic Studies' bi-annual Roundtable Discussion being held at George Washington Law School.” It is a conference “for a select group of 25 elected officials of color from across the nation will feature discussions regarding policy innovations.”
At the State Legislature on Monday: at 11 a.m., the Assembly Standing Committee on Environmental Conservation and the Assembly Climate Change Work Group will hold a joint hearing on climate change.
On Monday at noon, The New York City Bar Association is hosting a “Lunch and Public Policy Discussion” with Gale A. Brewer, Manhattan Borough President.
On Monday at 5:30 p.m. at Queens Borough Hall, “The Queens Borough Board, chaired by Borough President Katz, will hear details from the New York City Department of Parks and Recreation (NYC Parks) Commissioner Mitchell J. Silver, FAICP about the department’s new “Parks Without Borders” program, which aims to make New York City public parks more open, welcoming, and beautiful by focusing on improving park entrances and edges, and park-adjacent spaces.”
Monday at 7 p.m. at The New School, “Politics and Policy: The Latino Vote and The 2016 US Presidential Election” with City Council Speaker Melissa Mark-Viverito, among others, offering “a fresh examination of the role of Latinos in the 2016 election. Featuring a panel of journalists, pollsters, and political insiders, we’ll explore political, demographic and economic trends that will shape the outcome in 2016.” The event is organized by Feet in 2 Worlds, The Center for New York City Affairs and the Milano School.
On Monday at 8 p.m., city Comptroller Scott Stringer will deliver remarks "at West Side Federation of Neighborhood and Block Associations Annual Holiday Party."
Tuesday
At the City Council on Tuesday: at 10 a.m., the Committee on Public Safety will meet to discuss two bills related to New York City crossing guard deployment.
At the New York State Legislature on Tuesday:
Beginning at 8 a.m. Tuesday, a “Public Projects Forum” hosted by City & State NY will have Noam Bramson, Mayor of New Rochelle, NY; Reginald Spinello, Mayor of Glen Cove, NY; Commissioner Feniosky Pena-Mora, NYC Department of Design & Construction; and Holly Leicht, Regional Administrator, Housing & Urban Development; speak about the upcoming public projects in the tristate area.
On Tuesday at 9:30 a.m. at Queens Borough Hall, “The Queens Borough Cabinet, chaired by Borough President Melinda Katz, will hear a briefing from the New York City Police Department (NYPD) on its current counterterrorism efforts in light of recent events in this county and abroad. The briefing will include a review of new counterterrorism technologies employed by the NYPD. In addition, the Fire Department of New York’s (FDNY’s) Fire Education Safety Team will deliver a presentation on how City residents can best keep their homes safe during the holiday season. Also, the Mayor’s Office of Technology and Innovation will deliver a presentation on the implementation of the Neighborhoods.nyc domain, which has launched nearly 400 online hubs for civic engagement, information sharing and economic development.”
Wednesday
At 10 a.m. Wednesday, The Manhattan Chamber of Commerce Quarterly Chairman's Breakfast will take on the presidential transition and the need for the most carefully planned transition in United States history in anticipation of January 20, 2017. [Read an op-ed on the subject from Manhattan Chamber of Commerce Chair Ken Biberaj and David Eagles of Partnership for Public Service: Let’s Be Prepared for America’s Biggest Corporate Takeover]
At the City Council on Wednesday:
At the New York State Legislature on Wednesday:
Thursday
At the City Council on Thursday:
At the New York State Legislature on Thursday: at 10:30 a.m. in Manhattan, the Assembly Standing Committee on Election Law and the Assembly Standing Subcommittee on Election Day Operations and Voter Disenfranchisement will hold a joint oversight hearing about “Enhancing the voter experience, preventing voter disenfranchisement and improving emergency voting protocols.”
At 8:30 a.m. at Civic Hall on Thursday, Scott Stringer’s Red Tape Commission will meet in Manhattan to hear suggestions from small business owners and others.
On Thursday, the Staten Island Borough Board is expected to vote on Mayor de Blasio's two rezoning amendment proposals. It will be the fifth borough to do so - the other four have voted against them, sometimes with lists of conditions that the advisory boards would like to see made to revised proposals.
At 4 p.m. Thursday, the New York City Campaign Finance Board holds a “New to the CFB” session.
At 6 p.m. Thursday: “Power Lines: Race, Class, The City & Its Schools,” a discussion about segregation in New York City schools.
Friday and the weekend
At the New York State Legislature on Friday: at 10:30 a.m. in Manhattan, a hearing of the Assembly Standing Committee on Tourism, Parks, Arts and Sports Development regarding “Injuries in combative sports.”
Manhattan Borough President Gale Brewer is launching a Manhattan Youth Council, and is holding an initial information session on Friday afternoon at her offices. “High school students from across Manhattan are invited to meet and talk with Borough President Gale Brewer about the issues that matter most to you...Young people who live, work, or attend school in Manhattan can sign up here.”
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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 Konstantine Beridze, Ryan Brady, and Ben Max
@GothamGazette
De Blasio & Cuomo in January, 2014 (photo: Rob Bennett, Mayor's Office)
The feud between Gov. Andrew Cuomo and Mayor Bill de Blasio escalated yet again last Friday when a spokesperson for the governor said that "the mayor can't manage the homeless crisis" and that the governor's State of the State address will feature the administration's intervention plans.
Finger-pointing continues from both sides, with Cuomo questioning de Blasio's competence and intelligence. This, after de Blasio called out Cuomo, though not by name, when making his own supportive housing announcement, signaling that negotiations on a joint city-state plan had stalled. Advocates and legislators heaped praise on the mayor and called on the governor to match his commitment to the homelessness-fighting program.
Cuomo, however, appears ready to go it alone himself, eyeing his January 6 speech, which will include an untold number of plans to outflank, undermine, and frustrate de Blasio. With nearly two years of evidence, at this point it appears to insiders in Albany and around the state that a significant part of Cuomo's policy making has become infused with his animus toward de Blasio and that it could be hurting the city.
As seen on a variety of issues from housing to policing to minimum wage, Ebola to Legionnaires' Disease, Cuomo has decided to deny the mayor's requests, co-opt an issue, or act unilaterally, while being sure to weaken de Blasio's standing.
"It's clear that the mayor can't manage the homeless crisis and the state does intend to step in with both management expertise and resources," a Cuomo spokesperson, Dani Lever, said Nov. 27. On Nov. 24, Cuomo told reporters about combatting homelessness, "To me, it's not just the money. It's more managing the city properly, efficiently, effectively, smartly, especially on this issue that causes so much pain to people."
De Blasio dismissed the criticism as "political posturing," but advocates and observers are having a hard time dismissing the latest developments in the feud. It appears now more than ever that Cuomo is deciding policy based on exacting a price from his former friend. Cuomo hasn't missed many opportunities to needle de Blasio, thwart his priorities, or use state resources to highlight the mayor's vulnerabilities.
"An outsider has got to look at this and say, 'What's with the governor?' You don't want to get into armchair psychoanalysis here, but I think you've got to get into armchair psychoanalysis," said Douglas Muzzio, professor of political science at Baruch. "And beyond that you have to ask: is this good for the city and state?"
What was once more clearly defined as policy disagreement over taxes and charter schools has morphed into something different. As the state legislative session wound down last spring, Cuomo appeared determined not to allow de Blasio any wins, even seeming to welcome only a one year extension of mayoral control of city schools - a major factor leading to de Blasio's June 30 tirade against the governor, which may have moved Cuomo to his current approach to the mayor.
"As the Mayor has said, we work with the Governor to ensure New York City's interests are protected. When they are in jeopardy, we communicate that to Albany and to city residents," de Blasio press secretary Karen Hinton told Gotham Gazette.
It appears clear that de Blasio is not particularly interested in mending fences. While he has resolved to refer more to "the state" or "Albany" than "the governor," de Blasio has shown he continues to feel disappointed with Cuomo and has not walked back his shockingly frank summer criticisms of the governor.
Some advocates fear Cuomo, offended beyond repair, is willing to throw out proven policy just to spite de Blasio, as in the case of supportive housing.
Cuomo teamed with charter school advocates against de Blasio, stood against de Blasio's plan for the 421-a real estate tax break, undermined the mayor's push for stronger housing laws, and, more recently, has threatened to cancel funding for bonds that would allow de Blasio to go forward with part of his affordable housing plan.
At other times Cuomo has sought to outflank de Blasio, or seize on perceived weaknesses. While de Blasio urged calm on Ebola and counseled that the threat was under control, Cuomo held a press conference with New Jersey Governor Chris Christie and announced they would quarantine travelers returning from West Africa.
Cuomo gave de Blasio short notice when he shuttered the subway for the first time in 111 years due to a January snowstorm. The governor criticized the mayor's response to a Legionnaires' Disease outbreak in the Bronx and sent in state officials; he inflamed tensions between de Blasio and the police union, seized on fears the city is getting less safe, and sent more state troopers to the city. The governor has taken ownership on minimum wage, something that could have easily been a joint effort.
"The governor hasn't missed any opportunity to kneecap the mayor and the only rational explanation is the Machiavellian one, that one has to kill off any potential rival," said Muzzio.
However, Muzzio and many other observers say that in most cases it isn't clear that the governor's focus on the mayor is doing any harm to the city. "It might help to have more troopers in the city. It might help for the governor to send assistance on Legionnaires'. His actions on Sunnyside Yards and charter schools could be both positive and negative. You'd have to tally the costs and benefits along a wide swath of issues," Muzzio said.
As the governor spent the summer and fall swinging back to the left, it became increasingly difficult to distinguish legitimate policy disagreements between Cuomo and de Blasio.
However, with the recent clash over supportive housing, there is now a growing unease with and distaste for how Cuomo is carrying out his political maneuvering against de Blasio. The grotesque impact the beef appears to be having on the governor's policy-making decisions is raising more and more eyebrows. Insiders say that the feud with de Blasio has even influenced recent Cuomo administration hiring decisions.
"We're really hoping they can both rise above it. We hope they are going to come together because this isn't about them, this is about the homeless," said Laura Masuch, executive director of The Supportive Housing Network of New York.
"The [hoped for New York/New York IV] agreement will last beyond these two gentlemen and it enables nonprofits and the private sector to keep doing it the same way they have for years. It would be a shame to walk away from years of commitment," said Masuch. "We are basically ready to go, there is construction just waiting on the agreement."
Assembly Member Andrew Hevesi, his chamber's chief proponent of supportive housing, echoed Masuch's concerns. "What we saw last week from the governor was spin," Hevesi told Gotham Gazette. "It was someone trying to avoid their commitment. The state has contributed to [New York/New York] for the last 20 years, every governor has been part of this including Mario Cuomo, and now it is Andrew's turn."
Hevesi said although he is used to strife between Cuomo and de Blasio this particular issue should not have been allowed to fall into the feud quagmire.
"There are 20,000 people who need help," said Hevesi of those eligible for supportive housing, adding, "Find something else to fight about."
For some insiders the current situation is reminiscent of former Gov. Eliot Spitzer's feud with then-Senate Majority Leader Joe Bruno. Spitzer was so enraged that Bruno stood in the way of his policy initiatives that he assigned state troopers to track Bruno's use of state airplanes and then used his press office to leak the findings. It led to the "Troopergate" scandal and an investigation by then-Attorney General Andrew Cuomo. Cuomo's office found that Spitzer had misused the state police for political purposes. Spitzer was roundly criticized for being so aggressive and vindictive that it actually prevented competent governing.
"We know the man has a streak, he has thin skin and tends to be very vindictive," said Barbara Bartoletti, of the League of Women Voters, about Gov. Cuomo. "It's unclear to me whether this is about turf or something personal but he certainly does seem to have a problem with the mayor. He just constantly keeps him off balance, co-opts his policy and cuts him off at the knees every chance he gets."
Cuomo hasn't been accused of misusing state assets to undo de Blasio. Instead, Muzzio said the governor is deftly using the power he has as governor to systematically weaken the mayor. That style of utilizing policy decisions to dispatch or handicap potential rivals has become part of the Cuomo brand.
"This is looking like a one-of-a-kind feud," said Muzzio with a historical perspective on mayor-governor relationships. "Just looking at the kind of range of issues over which this is being waged is unprecedented. This is hardball politics with Roger Clemens throwing at your head."
[Read: Did De Blasio's Tirade Help Cuomo Get His Groove Back?]
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by David King, Albany editor, Gotham Gazette
@DavidHowardKing