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De Blasio's Executive Budget: What We Know So Far


BdB City Hall Alatriste

Mayor de Blasio at City Hall on Wednesday (photo: William Alatriste)


Mayor Bill de Blasio will outline his Fiscal Year 2016 Executive Budget on Thursday afternoon at City Hall. The mayor will also release his administration's first iteration of the city's 10-year capital plan. While there may still be a few surprises, we already know quite a bit about the changes the mayor has made from his preliminary budget to his executive budget.

The budget presentation will build off the mayor's $77 billion Preliminary Budget, which he unveiled in February. That spending plan was then vetted by the City Council throughout March hearings, leading to a formal response from the Council on April 14 and ongoing negotiations, heading toward a final agreement between the mayor and the Council by the end of June. City Council Executive Budget Hearings are set to begin May 18 and finish June 9. The city's fiscal year begins on July 1.

In its formal response to de Blasio, the Council pushed for, among other items: creating a citywide bail fund (ask: $1.4M); additional investments in NYCHA (ask: additional $25M); creating a year-round youth employment program (ask: $17.3M); expanding the Mayor's Office of Veteran's Affairs (ask: additonal $600,000); providing universal free lunch to city students; investing in street resurfacing (ask: additional $103M); and of course, the big button ask: hiring 1,000 additional NYPD officers (ask: $68.7M). (Note: the asks listed are for FY2016, some numbers are projected to change in subsequent years. Read full details of the Council's preliminary budget response here).

It appears the mayor is accounting for most of the items listed above and other council asks in some fashion or another, though on several fronts the details have not yet been released. Many are eagerly waiting to see where the mayor has come down on the expansion of the NYPD force.

But in the days leading up to Thursday's executive budget presentation, the de Blasio administration has previewed several elements of the new spending plan as reported by a variety of news outlets. Some of these relate to City Council asks, some do not - a rundown of what we know so far:

  • Capital New York is reporting several details around savings that de Blasio will unveil: he plans "to create a first-of-its-kind $500 million account to pay for long-term capital projects" called "The Capital Stabilization Reserve"; he will set "aside $1 billion for the F.Y. 2016 "general reserve""; and it appears that "city agencies have come up with $530 million in savings through the end of F.Y. 2016" while "agencies found $125 million through F.Y. 2016 in additional revenue."
  • The New York Times is reporting that de Blasio will announce new homelessness prevention spending: "the city [will] commit $100 million in annual spending, including funding for rental assistance to more than 7,000 new households, anti-eviction efforts and other measures."
  • The New York Daily News is reporting that de Blasio is including additional spending on the city's most-struggling schools: "struggling and underfunded city schools will get an additional $33.6 million," with over "$20 million of the added money [going] to 94 low-performing schools already targeted for renewal by city Department of Education officials. Those schools will receive an added $250,000 per year on average, enough to hire two additional staffers or pay for hundreds of hours of extra programming for students."
  • Crain's New York Business is reporting that de Blasio is set to "propose to nearly triple funding for the city's eight industrial business service providers to $1.5 million from this year's $570,000" and "include $450,000 for new industrial and manufacturing training to give workers the skills that industrial employers seek."
  • The Wall Street Journal is reporting that the mayor will boost "propose increasing city funding to programs run by the Department of Small Business Services by 73.5%...recommending spending $43.9 million," up from "$25.3 million for the agency in the current fiscal year. The mayor is proposing that the agency's overall budget, including funding from other sources, such as the federal government, total $167 million."
  • The New York Daily News is reporting that de Blasio will announce he's devoting more money to fighting rats: "he's beefing up a successful pilot program aimed at ridding the vermin from seven neighborhoods with $3 million to make it permanent and allow it to expand citywide...over six times the $400,000 the pilot received in last year's budget."
  • At Gotham Gazette, we are reporting that it is likely the city's Board of Elections will see an increase from the preliminary to the executive budget, which would follow a trend of several years and is expected by stakeholders and experts, such as the Independent Budget Office and the BOE executive director, Michael Ryan. The mayor's office has not confirmed this report though.
  • TechCrunch is reporting that the de Blasio administration is "putting down a $70 million financial commitment over 10 years to make universal affordable broadband a reality — with most of that money being spent in the first two to three years." It's not immediately clear if that indicates new money being put into this year's executive budget, but the article came just before de Blasio spoke at a TechCrunch conference on Monday.
  • JP Updates is reporting that de Blasio "is expected to restore funding for priority-5 child care vouchers...the FY2015 budget provided $12.6 million...According to an administration official, as part of the FY16 Executive Budget, the Mayor is permanently funding the childcare vouchers by baselining the $12.6 million a year."
  • The AP is reporting that de Blasio is relieving NYCHA of money the authority is due to send the city: "New York City will waive an annual $30 million payment it is owed from the city's public housing authority...De Blasio will announce the elimination of the payment, issued every year since 1949 as a "Payment in Lieu of Taxes,"...[a] decision will save the New York City Housing Authority approximately $130 million through fiscal year 2019."
  • Additionally, the AP is reporting that de Blasio is including $125 million per year over the next five years toward the MTA budget, which has become a major source of tension.

This week, the mayor and First Lady Chirlane McCray, who chairs the Mayor's Fund to Advance New York City, "announced the creation of the Center for Youth Employment, which will coordinate and expand efforts to connect New York City's young people to opportunities for career exposure, summer jobs, quality skills-building programs, supportive mentors, and thoughtful guidance towards college and a career." The Center is a public-private initiative "conceived and launched by the Mayor's Fund to Advance New York City in collaboration with City agencies and private partners, [and] will be integrated into the existing Mayor's Office of Workforce Development."

The mayor also outlined what he'd like to see from Albany in terms of housing and tenant-protection policy, as reported by the Times, and, as reported by POLITICO, the mayor will be heading to Washington, DC next week to both lobby federal lawmakers for more infrastructure and transportation funding, as well as to unveil the "Progressive Agenda" he and others have been formulating to affect the national conversation around inequality and opportunity. 

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by Ben Max, Gotham Gazette
@TweetBenMax

Note: this article has been updated

Amid Further Ethics Scandal, What Can Cuomo Do Now?


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Gov. Cuomo (photo: @NYGovCuomo)


Last March Gov. Andrew Cuomo killed the Moreland Commission on Public Corruption in a deal with Assembly Speaker Sheldon Silver and Republican Majority Leader Dean Skelos. Now, a little more than a year later, both legislative leaders have been arrested and charged with multiple counts of federal corruption. Surrounded by scandal, it isn't immediately clear what the governor can or will do next. One thing that is sure, though, is that the worse Albany looks, the worse Cuomo looks.

After Silver's January arrest Cuomo gave a speech at NYU outlining grand ethics reform proposals like public financing of campaigns and enacting a full-time legislature. But when it came time to cut a budget deal, Cuomo again agreed to limited change in order to get an on-time spending plan. After Skelos' arrest this week, the governor has remained relatively quiet. With Albany in disarray and a national laughingstock, what can Cuomo do in a tough situation he has largely made for himself?

Reformers and political experts are torn about Cuomo's next move, especially after he's trumpeted many ethics adjustments as the end-all-be-all. Some say Cuomo needs to use the bully pulpit without fear of losing political capital, while others say Cuomo shouldn't say anything at all. On Wednesday Cuomo lamented the fact that if the charges against Skelos are true, it flies against the work he and others, including Skelos, have done trying to clean up the capital.

Zephyr Teachout, a Fordham Law professor whose speciality is corruption and 2014 primary opponent of Cuomo's, said that the Skelos indictment shows that none of Cuomo's smaller ethics initiatives have actually changed the climate of corruption in Albany. "Symbolic action won't cut it," said Teachout. "There is no bridge he can start to build right now, there is not one thing he can toss out there at this point."

Teachout added that "the thing that is so damning" about the complaint against Skelos is that the alleged corruption occurred since Cuomo's been in office, "not like the Silver indictment where things took place before Cuomo took office. So it shows us these incremental changes haven't paid off."

The Skelos complaint details how the majority leader asked Glenwood Management to steer title insurance business to his son. Skelos allegedly threatened to punish members of the real estate industry if they failed to comply with his demands and eventually a representative of Glenwood allegedly gave Skelos' son a $20,000 commission for doing no work. Glenwood steers millions of dollars into campaign accounts - including Cuomo's - of candidates running at all levels through the LLC loophole that allows them to subvert campaign finance limits.

"We've always suspected this is how things are done behind closed doors, but these complaints have really brought it into the light," said Dick Dadey, executive director of good govenrment organization Citizens Union. "Not just the influence of campaign donations but that some officials use their positions to extort," he added.

It was these kinds of relationships that the Moreland Commission was digging into when Cuomo's aides began interfering with it. And it was that kind of scrutiny that led legislative leaders to pressure Cuomo into ending the commission altogether, though it is unclear how much pressure they really had to apply.

Teachout said that Cuomo, who has taken in over $1 million from Glenwood, should go to great lengths to demonstrate he is not himself tied to the company in any quid-pro-quo arrangement.

"He should tell Glenwood their kind of business is not welcome in Albany, he should reveal his emails with Glenwood and [its head] Leonard Litwin and say enough is enough on the LLC loophole," said Teachout.

Bill Samuels, head of good government organization EffectiveNY, called on Cuomo to return all the donations from Glenwood. "I shouldn't have to call on the Governor to return this tainted money. If he were truly committed to ethics reform and cleaning up Albany, Cuomo would have immediately returned these funds to Glenwood Management and expressed outrage over this latest corruption scandal unfolding on his watch," Samuels said in a statement.

Cuomo told Capital New York at a press conference in Syracuse on Wednesday that he would not return the donations or refuse to accept more because Glenwood representatives had not been charged with wrongdoing. "If no one did anything wrong, then you can't just say, 'You have no right to participate in the political process,'" the governor said.

Dadey agrees that Cuomo should not have to return the contributions because they were made legally, but says that it would be, "Helpful to know what kind of interactions the administration had with Glenwood."

Karen Scharff, executive director of Citizen Action NY, said she feels Cuomo's attempts at ethics reform haven't paid off because he is so concerned about immediate political wins rather than the long-term good. Scharff said she'd like to see Cuomo take to the bully pulpit on public financing of elections even knowing that he won't win this year, but ready to take a loss and do it to build political momentum.

Teachout agrees. "If he actually believes in reform he has to show he is willing to take genuine political risk," she said. "He has to come out saying: 'Win or lose I am going to put capital on the line for this to get credibility."

Blair Horner, legislative director of the New York Public Interest Research Group, told Gotham Gazette that he has concerns that public financing of campaigns simply won't go anywhere because Senate Republicans are ideologically opposed. He and other good government advocates also worry that Cuomo no longer has any credibility on reform issues and that his proclamations on the subject have become white noise to the public and to legislators.

"The governor has eroded the bully pulpit," Horner said. "He has been delivering speeches but not real reform. In Albany, talk is cheap. He has shown that he prefers triage but that doesn't get you anywhere."

Dadey said that Cuomo must stay on the soap box to "connect the dots of corruption for the public."

"The governor must not allow this saga of scandal and corruption to prevent him from enacting real ethics reform," said Dadey. Good government groups like Citizens Union and NYPIRG, as well as reform-minded legislators and Attorney General Eric Schneiderman, have been calling for sweeping reforms aimed at truly cleaning up Albany's corruption problem. They say that the time for incrementalism is over.

Horner said that action is critical and he thinks the governor could find quick consensus with the Legislature on certain issues. Horner wants to see a new ethics watchdog where "the appointees aren't captives," a bill to restrict legislators' outside income, and legislation to end the LLC loophole. "The time for fake ethics reform has long past," said Horner.

Cuomo has remained relatively silent on Skelos' indictment. On Wednesday he said he will not call on Skelos to resign because, "I don't have the option of picking who they pick as their leaders. They pick a Senate leader, I will work with that leader," Cuomo said referring to state senators, especially the Republican majority.

Doug Muzzio, professor of political science at Baruch College, said he believes Cuomo is doing the best thing he can for himself by remaining mum on the scandals that have left Albany more dysfunctional than ever. "My initial inclination is he should keep quiet, stay far away from it, don't even comment," Muzzio told Gotham Gazette. Cuomo appears to be taking that tack, instead promoting on Wednesday that several private New York colleges have signed on to his campaign aimed at reducing sexual assault on campuses and penning an op-ed in the New York Times announcing his new move geared at raising the wages of fast-food workers.

What he'll do next on ethics reform is far from clear. Muzzio said Cuomo should avoid making any grand speeches on reform because everyone has heard it before. "I don't think Groundhog Day works because the press are gonna hang him for it. He should keep quiet while working toward a strategy of reform because this is going to pass."

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

With Focus on Mental Health, Push for New City Veterans Agency Continues


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Veterans at Wednesday's City Council hearing (photo: William Alatriste) 


The City Council’s Committee on Veterans held an oversight hearing Wednesday to gauge the effectiveness of the Mayor’s Office of Veteran Affairs (MOVA).

The hearing seemed the latest chapter in a renewed push for a separate Department of Veterans Affairs by Council Member Eric Ulrich, who chairs the veterans committee, and like-minded council members and advocates. Ulrich introduced a bill last year which would create a new department to deal with veteran affairs, removing the office from directly within the mayor’s in order to increase its profile, funding, and transparency. “Ideally such an agency would be fully funded and would act as a one-stop shop for any need that a veteran might have,” Ulrich said at Wednesday’s hearing. He stressed that MOVA needs dedicated funding and personnel to better serve New York City’s 225,000 veterans.

MOVA Commissioner and retired Army Brigadier General Loree Sutton testified before the committee and reiterated her office’s top strategic priorities in serving veterans’ needs, namely ending veteran homelessness, focusing on mental and behavioral health for veterans, and developing employment opportunities for veterans.

Mayor de Blasio announced at his 2015 State of the City address that he would end veteran homelessness by the end of 2015 and Sutton indicated today that she was confident of reaching that goal.

“Mission and strategy drive programs and budget,” Sutton said in her testimony. She repeatedly stressed that MOVA’s work goes beyond it’s own budget and personnel, working with multiple city agencies to help veterans in need.

Sutton has yet to take a public position on Ulrich’s bill, and it is clear that the de Blasio administration is in no rush to back it. Responding to Council Member Fernando Cabrera’s query on whether an independent agency could be more effective, Sutton said, “I will keep that as an open question going forward. My pledge to the mayor, to the taxpayers, to the veterans, to the families in New York, is to make the best use of the resources that we currently have. We’re in the midst of doing that right now. Once I have convinced myself that we have maximized the resources that we have, then we’ll be in a position to assess what might make sense going down the road. “

When asked, Mayor de Blasio has not supported the idea of creating a new agency. The proposal received overwhelming support today from veterans advocates and organizations and even the office of Public Advocate Letitia James. “Disappointingly, our Mayor’s Office of Veterans’ Affairs is not funded in a way that reflects the actual needs of our veterans,” said Oswaldo Pereira, a veteran and outreach coordinator for the public advocate’s office, who was speaking on behalf of James. “Veterans deserve to have a department that can truly serve their needs,” he added.

Joseph Bello, founder of NY MetroVets, criticized Commissioner Sutton for her silence on a new veterans department. “It is time to create a free-standing direct services agency that can not only have preliminary and executive budget hearings on veterans issues, but can funnel contracts awarded to veteran service providers in the boroughs directly, instead of through other city agencies that are unfamiliar with these groups.”

There was much focus at the hearing on mental health issues, a concern raised by committee members Cabrera and Paul Vallone. Sutton told Cabrera that mental health issues were “an area in the system that could use some additional development.” Toward that, she pointed out MOVA’s partnership with First Lady Chirlane McCray through the recently announced Mental Health Roadmap due to be released in the fall.

Vallone was quick to point out that the $54 million plan failed to mention veterans. “When I see this go up and I don’t see my veterans in here, I gotta fight for it,” Vallone said. Sutton promised the committee, however, that when the final strategy is released, veterans would figure significantly.

Representing the Veterans Mental Health Coalition of New York City, Melissa Earle also called for expanding MOVA to the level of a department. “With a department dedicated to serving veterans, greater resources and funding can be secured to better overcome the complex challenges of veterans of all generations,” she said.

Ulrich’s bill has a veto-proof 40 co-sponsors (in the 51-member body) and he has indicated that he would be willing to push it forward even without the mayor’s support. 

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by Samar Khurshid, Gotham Gazette
@samarkhurshid

City Board of Elections Expected to Again See Budget Bump


BOE Michael Ryan

BOE Executive Director Michael Ryan (photo: @BOENYC)


On Thursday, Mayor Bill de Blasio is set to unveil his Fiscal Year 2016 Executive Budget, which is likely to be nearly identical to the final budget passed by the mayor and the City Council before the June 30 deadline. Much of the new version of the mayor's spending plan will be similar to his $77 billion preliminary budget, which he presented in February and was vetted throughout March by the Council. But, the de Blasio administration has already acknowledged several areas where funding levels will show a difference on Thursday, with increases planned to support manufacturing, mental health services, the MTA, struggling schools, and more.

One under-the-radar aspect of the budget that is set to see a significant change from preliminary to executive is funding for the city's Board of Elections, which administers New Yorkers' opportunities to vote.

The preliminary budget includes approximately $84.4 million for the Board of Elections (BOE), a drop from the $113.9 million that the BOE is spending in fiscal year 2015, which wraps up at the end of June. It's a differential of about $29.6 million, a 26 percent decrease.

This disparity, however, is unlikely to stick. According to the Independent Budget Office (IBO), this year's preliminary budget allocation for the Board of Elections follows a pattern of the last several years. In fact, fiscal 2016 includes a larger preliminary provision for the BOE than preliminary budgets of previous years. Doug Turetsky, IBO Chief of Staff and communications director, told Gotham Gazette that this is not something that should raise eyebrows just yet; the trend is that the actual budget will make up the $30-40 million gap from the preliminary plan. If funding stays the same, there might be reason for concern that BOE is being underfunded. But it is also important to keep in mind that each year brings different elections, whether they be on the city, state, or federal level.

It may appear a curious annual underfunding in the preliminary, just to be increased in the executive or the adopted budget, but Turetsky said that there is often talk of moving federal primary elections from June to September to coincide with state and city primaries, which would foster efficiency and decrease budgetary need. If the figure in the preliminary was closer to what will likely be in the actual budget, Turetsky explained that it may act as a "disincentive" for the state to move state and federal primary elections to the same date. By holding off on the additional funding, it puts pressure on the state to decide and, ideally, move toward a single voting date.

Council Member Ben Kallos, chair of the City Council Governmental Operations Committee, spoke similarly, but did express concern about the general issue of underfunding BOE operations. Kallos told Gotham Gazette that while the BOE tends to overestimate its financial need, if it is not appropriately funded "it is the elections and democratic process that suffers." While Kallos is looking for stronger numbers in the executive budget, he also said that "if we over-budget then that means that another agency loses."

Getting to the final adopted number is part of the process of having preliminary budget hearings in March and executive budget hearings in May and June. Kallos' committee heard from BOE representatives in March and will hear from them again as the mayor and the Council head toward an agreement.

BOE Executive Director Michael Ryan is not worried about the dramatic trend that some might say resembles the "budget dance" affecting his agency's operations in the coming year. Ryan told Gotham Gazette that the BOE still needs an estimated $12 million; approximately $2.2 million to update the expiring warranty for electronic voting and the other $10 million to meet federal mandates for ADA accessibility. Ryan expressed confidence that his agency will be appropriately funded.

The "lean and mean preliminary" as he called it, is just part of the process. The real focus is on the executive budget, he said, with little concern over the difference between the two proposals. He also put his agency into larger budgetary context. "The executive budget should be a balancing between what the mayor's office ultimately believes an agency needs to function and what the city expects to receive in tax revenue, because the city must operate on a balanced budget," said Ryan.

Ryan told Gotham Gazette that the trend has continued because it works for budget planning purposes. By underestimating in the preliminary budget, the mayor's office establishes a baseline (or placeholder as it has been called) that can be edited henceforth, after the hearings, negotiations, and decisions that follow - including decisions made on the state or federal level. "It's a check and balance, to make sure that not just the Board of Elections, but that all the agencies that are asking for funds that they actually need," Ryan said.

Ryan also said that another reason the city keeps careful tabs on the allocation of funds is a result of the budget crisis of 1975, when the city went bankrupt, spending into debt of an estimated $14 billion. Shortly after the crisis, a law passed requiring balanced budgets, removing leeway for the city to operate on deficit spending.

"I'm not anticipating any issues, quite frankly," said Ryan. "I think it's all gonna work out fine and we've been working very closely with the mayor's office to make sure that our needs are met and that we're able to fulfill our statutory and constitutional mandate to provide elections for the voters of the City of New York."

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by Shannon Ho, Gotham Gazette
@ShanMHo @GothamGazette

Dean Skelos Thwarted Reform and Maintained Power, Despite the Odds


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Dean Skelos in 2012 (photo: The Governor's Office via flickr)


In June 2008, after serving 23 years as the State Senator from Nassau County, Dean Skelos inherited the troubled Republican conference from retiring Majority Leader Joe Bruno. It wasn't exactly the most enviable position.

Facing an aging conference and with Democrats enjoying a huge enrollment advantage across the state, 2009 saw Republicans enter the Senate minority for the first time in decades. The same month Skelos began his stint as minority leader his predecessor was indicted on eight counts of corruption. It began Skelos' long but successful fight to keep his conference not only relevant but in charge when it mattered the most in terms of decision-making for the future of his party.

Now, seven years later, Skelos faces a federal complaint with several charges, including monetizing his office by arranging payments to him and his son through a developer who sought favorable legislation. The case involves many elements of state government that have been attacked as corrupt and unethical - from the LLC loophole that allows donors to pump the lifeblood of campaign cash into the Republican conference, or the 421-A tax break for developers that has been attacked as a giveaway to corporate donors, major issues at play in the indictment are parts of how Skelos managed to keep himself and the Senate Republicans in power in Albany.

"I'm going to be president of the Senate, I'm going to be majority leader," Skelos allegedly told his son during a phone conversation about their deal with a developer - a call being recorded by federal agents. "I'm going to control everything, I'm going to control who gets on what committees, what legislation goes to the floor, what legislation comes through committees, the budget, everything."

On Monday Skelos issued a statement claiming his innocence and worked to maintain his role as leader of the Senate Majority.

Karen Scharff, executive director of Citizen Action, an organization that has advocated many major reforms that Skelos directly opposes, said that Skelos' power can be directly traced back to the policy he delivers and the reforms he opposes.

"It was never more clear than in last year's Senate elections how much the system helped keep the Republicans in power," said Scharff. "They raised vast amounts of money from hedge funds that were interested in very specific policy points and had them spend massive amounts of money in independent expenditures to deliver the policy that keeps them in power."

During his time as Majority Leader Skelos won battles on redistricting, not only pushing back efforts to create independently drawn lines but even succeeding in the creation of the 63rd Senate seat upstate. He publicly derided campaign finance reform, public financing of campaigns, and efforts to have lawyers disclose their clients. And behind the scenes he was mostly successful in holding back the tide of government and campaign finance reform. He's appointed members to the state's Joint Commission on Public Ethics, or JCOPE, and fought successfully to kill the Moreland Commission on Public Corruption. As the federal charges against him and much political history show, Skelos has not been alone in any of this.

The indictment against Skelos alleges he monetized his office by abusing the same systems and loopholes that he protected from reform. The charges against Skelos say that the developer involved in the kickback scheme used the LLC loophole to subvert campaign finance limits. Only last month, Skelos' new appointee to the Board of Elections thwarted efforts to eliminate the same loophole.

Skelos maintained this power by cutting deals with Democrats like Gov. Andrew Cuomo and Independent Democratic Conference head Sen. Jeff Klein who both share some of Skelos' economic concerns and larger donors.

"Skelos' indictment gets to the core problem," Scharff told Gotham Gazette. " Those who raise the most money are the ones who have the most power and they have gone out of their way to make sure reform doesn't happen. They have made sure it is built into how Albany works."

How He Got Here: The Coup
In 2009, Senate Democrats reveled in their new-found power. Exposing Bruno's largess - personal, customized vans for his use, private printing facilities, and television studios, Democrats were riding high as they took control of the chamber. But Democrats only enjoyed a few seat margin over Republicans.

The "Three Amigos" including Pedro Espada, Carl Kruger and Ruben Diaz pushed for more power within the conference in exchange for their loyalty. Democratic Majority Leader Malcolm Smith appeared weak and scattered. Meanwhile Buffalo billionaire Thomas Golisano, who had helped Democrats win the majority, felt ignored by Smith. He and his political fixer Steve Pigeon met with Skelos and Republican Sens. Tom Libous and George Maziarz in an Albany rock club and began devising a Senate takeover.

They recruited the dissatisfied and particularly-ambitious freshman Espada and Espada recruited Sen. Hiram Monserrate. On June 8, 2009, with only days left in session, facing the expiration of mayoral control of schools and the rent laws, Republicans lept into action. Republicans moved for a surprising leadership vote and although it was disputed by Democrats soon Skelos was standing in the chamber shaking hands with Espada - the two split Smith's positions as Majority Leader Espada and Senate President Skelos.

Control of the Senate was disputed for months. Eventually Espada and Monserrate rejoined the Democratic conference but the damage had been done - rifts in the Senate Democrats were made public, and they were painted as dysfunctional during their first shot at the majority in decades.

Worth noting is that at the time both Monserrate and Espada faced ethical questions beyond just conniving for Senate power. Espada was eventually convicted of stealing from his own health clinics, in one case using cash for HIV victims to fund his campaigns, and Monserrate was eventually expelled from the Senate for slashing his girlfriend's face with a bottle. And yet, Skelos partnered with both men for a tenuous shot to regain control of the Senate.

Keeping Power Through Redistricting
In 2011 Skelos regained the title of Senate Majority Leader thanks to major donations from real estate, developers, and New York City Mayor Michael Bloomberg, and it wasn't a moment too soon. A coalition of reform groups led by former Mayor Ed Koch were pushing for legislators to deliver a redistricting plan that better reflected the actual enrollment and population of the state. For decades Senate Republicans and Assembly Democrats engaged in a redistricting process that allowed them to draw districts that would assure their incumbents had the best chance of being reelected, disregarding the actual makeup of communities. Skelos played hardball, slamming Koch's efforts as "partisan."

Eventually Cuomo gave up his pledge to veto any district lines that were gerrymandered and agreed to new lines that drastically favored Senate Republicans, even creating a 63rd district upstate that suspiciously carved its way around major population centers and incorporated rural towns populated by more voters who were more likely Republican.

During this time Skelos proved to be a valuable ally to Cuomo as he helped the governor pass some of his more conservative fiscal plans, including a tax cap, while also delivering Cuomo the votes he needed on same-sex marriage. Although Cuomo also delivered a highly-touted ethics package that year, advocates insist that major issues were ignored because Skelos and Senate Republicans refused to cede any ground on campaign finance reform as they believed the current system was essential to keeping them in the majority.

2013-2014 Deals and The Death of Moreland
Democrats technically held enough seats for a majority after the 2012 elections but Skelos cut a deal with the IDC and newly-elected Sen. Simcha Felder to create a coalition government which saw Skelos rotate control of the chamber with Klein. During this time a number of legislators were indicted on corruption charges and advocates began a major push for public financing of campaigns. Skelos stood steadfast against campaign finance reform, even holding a hearing against the policy featuring national anti-public finance advocates.

"Public financing of elections would not have stopped any one of those crooks and idiots from doing what they did," Skelos told reporters on April 23, 2013. Skelos directly referenced Smith who had been indicted that day on counts that he tried to bribe his way onto the Republican ticket in the race for New York City mayor.

As pressure mounted in 2013 Skelos obstinately opposed a series of reforms proposed by Cuomo - a package of reforms most advocates actually considered insignificant. Finally Cuomo made good on his longtime threat to empanel a Moreland Commission to investigate public corruption. For months, as Moreland held hearings, Skelos and now-indicted then-Assembly Speaker Sheldon Silver waged a court battle against Moreland and publicly decried it as a "witch hunt."

"These actions amount to an attempt to coerce or threaten the Legislature and upset the separation of powers that exists between the executive and legislative branches, and cannot be accepted," Skelos wrote to Senate Republicans in November 2013.

It was in 2013 that reports of possible influence by Cuomo's office into the commission began. Some Moreland insiders insisted Cuomo's office was particularly deadset on stopping subpoenas to the Real Estate Board of New York, whose members are key Cuomo donors, but also major backers of Skelos and Senate Republicans. Cuomo began facing increasing pushback from Skelos and Silver during 2014 budget negotiations.

Moreland was reportedly closing in on ties between donations from the real estate industry and policy and it was making everyone in charge antsy. In March, Cuomo quietly announced he had killed Moreland in exchange for his proposed slate of reforms. "Skelos killed the commission just as it was starting to expose the quid-pro-quo system that is built into Albany," said Scharff.

As the 2014 election season kicked into high gear Cuomo felt increasing pressure to support a Democratic Senate and align himself with liberal policy. The governor promised the Working Families Party he would help elect Democrats to the Senate and the IDC promised it would caucus with Democrats.

Senate Republicans mobilized their major donors, reminding them of the coming sunset of the rent laws, the push to expand charter schools in the state, and of the "Democratic dysfunction of 2009." Not only did the real estate industry pour record amounts of cash into Senate Republican coffers, but it marshalled a number of independent expenditures to boost candidates in important districts.

This Year
Republicans started 2015 with the wind in their sails. They had won complete control of the Senate and soon after the year began Silver, longtime Democratic Assembly majority leader, was indicted. But quickly word came that Skelos was also a target of US Attorney Preet Bharara. Still, Skelos rejected just about any Democratic policy proposed in the state budget: tossed out were proposals on campaign finance reform, renewing mayoral control of schools, criminal justice reform, raising the minimum wage, and a host of other issues.

After returning from the budget break in mid-April, Republicans largely ignored the major outstanding issues. Session became a parade of small-time legislation having to do with vanity license plates and honoring local sports teams. Last week as more chatter picked up around Skelos' possible indictment, session slowed even further with Republicans spending more time in conference.

Finally on Friday the New York Times and Wall Street Journal reported federal prosecutors might arrest Skelos on Monday. Skelos and his son faced charges in court and the Senate Majority leader proclaimed his innocence. Senate session went on as planned Monday afternoon, with little of substance being discussed and many Republican Senators expressing solidarity with Skelos, the man who kept them in power against the odds. But signs exist of a possible break in the solidarity. Some, like Sens. John DeFrancisco and John Flanagan jockeyed to replace Skelos while others like Sen. John Bonacic said Skelos had to resign with an indictment over his head.

Democratic Sen. Michael Gianaris said he was "troubled" by the allegations against Skelos, adding: "Senator Skelos should now step down as Majority Leader for the good of our state and in the interest of allowing the remaining weeks of our legislative session to proceed without distraction. There are too many important issues which remain unresolved, ironically including several long overdue ethics reforms and expiring housing laws."

Saying that "Legislative leaders must be held to a higher ethical standard of conduct and his actions violate that standard," good government group Citizens Union called for Skelos to step down from his leadership post on Tuesday.

Klein, who maintains a deal with Senate Republicans, did not call for Skelos to resign. "The burden now falls on the Republican Conference to determine if new Republican Leadership is warranted," Klein said in a statement.

Cuomo, who has remained mostly in New York City of late, was in Albany Monday, but his only public event was an announcement that he participated in by phone. He did not comment on the Skelos matter.

Scharff and Blair Horner of the New York Public Interest Group both said it is now up to Cuomo to push through the reforms he could not achieve earlier this year. "At the top of that list of legislative "must dos" are initiatives to overhaul ethics enforcement, limit outside income, and reign in the influence of New York's powerful special interests," said Horner. "The governor must take up the unfinished Moreland Commission agenda to restore the public's confidence in state government; specifically closing the LLC loophole."

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

Note: Gotham Gazette is an independent publication of Citizens Union Foundation, sister organization of Citizens Union

Even Amid Albany Dysfunction, Advocates Forge Path to Paid Family Leave


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Advocates for paid family leave (photo: @CTWFP)


Upheaval in the capital due to another high-profile corruption scandal is not stopping advocates from heading to Albany to push for legislative action.

With just six weeks left in the legislative session set to expire mid-June, on Wednesday activists will rally at the Legislative Office Building and lobby lawmakers to pass paid family leave in New York State.

An 11:30 a.m. press conference will be led by Democratic State Senators, including bill sponsor Joseph Addabbo, calling for passage of the Paid Family Leave Insurance Act in the Republican-controlled Senate. The companion bill, sponsored by Assembly Member Cathy Nolan, passed in the Democrat-controlled Assembly in March. Addabbo’s bill failed a Senate vote two weeks later, just before a fiscal year 2016 budget deal was reached.

Though a new cloud hangs over the Legislature after federal corruption charges were brought against Republican Senate Majority Leader Dean Skelos on Monday, it does not appear that substantive policy work in the capital will completely halt. There is reason to be skeptical that legislation will be approved by both houses to ensure New Yorkers are able to take paid leave to care for a sick family member or spend time with a new child, but the issue has captured the attention of many, and has gained new momentum at the city, state, and federal levels.

Negotiations over the paremeters of any paid family leave bill could be among the highest profile in Albany and legislative action on this issue could again make New York a national policy-making leader - perhaps garnering the type of positive attention the state could use given its growing reputation for corruption in its elected ranks. New York could become just the fourth state to pass a paid family leave law.

A representative of the Obama administration met recently with New York leaders on the subject as the president looks to pass legislation creating a fund to help states support family leave and a representative from Hillary Clinton’s campaign listed it as a priority for the presidential hopeful. New York Senator Kirsten Gillibrand, who is sponsoring federal paid family leave legislation, recently lamented that "The United States is the only industrialized nation in the world without any form of paid family and medical leave.” She promised “to continue the fight in Washington to pass the FAMILY Act to finally set a federal paid leave program." (The 1993 American Family and Medical Leave Act ensures 12 weeks of unpaid leave)

Gillibrand’s comments came during a video message that was played last Thursday at an event in New York City - and livecast to sister events in cities across the state - organized by the Paid Family Leave Insurance Campaign, which is at the heart of the Albany lobbying set for Wednesday. The campaign is made up of advocacy groups, unions, and elected officials; members include 1199 SEIU, 32BJ SEIU, Citizen Action of New York, Community Service Society, New York Civil Liberties Union, New York Paid Leave Coalition, and the NYS AFL-CIO. On Friday, Gillibrand expressed optimism about paid family leave, and said she is working both with leaders in New York state government and also pushing her bill on the federal level.

Representing the Obama administration, U.S. Secretary of Labor Thomas Perez also recorded a message that was played to those in attendance last week. Perez and White House senior adviser Valerie Jarrett have been traveling the country promoting paid leave in what the administration is calling "Lead on Leave." It was Jarrett who previously met with New York officials.

At this point, however, movement on paid family is most likely to occur at the state level of government, at least between now and the summer. Looking to Albany, the New York City Council passed a resolution last week recommending that the state pass the Paid Family Leave Act. In her remarks at Thursday’s event, New York City Public Advocate Letitia James said that her office’s report on the subject indicates that Albany is the best place for legislation to occur.

While there is support for the general principle of paid family leave in both houses of the Legislature and from Governor Andrew Cuomo, there is no clear path forward in terms of policy specifics. A key sticking point, of course, is where the funding will come from to pay for the employee leave involved.

At last Thursday’s rally, State Senator Addabbo said, “As the Senate sponsor of this legislation, I am delighted that the State Assembly has approved this bill, and I hope my legislative chamber will follow suit.”

“In the absence of action by Congress,” he added, “we need to change...one state at a time – and New York should be next, following the lead of New Jersey, California and Rhode Island.”

If some version of paid family leave is to pass both houses of the New York State Legislature and head to Governor Cuomo’s desk, it is unlikely it will be the Addabbo-Nolan version. A different paid family leave proposal in the Senate, sponsored by Independent Democratic Conference Leader Jeff Klein, differs from the Addabbo-Nolan bill on the source of funding. Klein’s version was included in the Senate’s one-house budget, but no compromise was reached in order to include paid family leave in the final state budget deal at the end of March, pushing the issue into legislative session.

Klein has reiterated that paid family leave is a top priority for him this session. In a statement to Gotham Gazette, Klein said, “At the Senate's Paid Family Leave hearing [in March], we heard from advocates, the business community and organized labor – and we are actively weighing their concerns and working towards a plan that’s both fair and balanced. In the coming weeks and months, I will continue to collaborate with my Senate colleagues to pass Paid Family Leave in New York State and put our hard-working families first.”

Governor Cuomo has expressed support for the issue, but he seemed to be caught off guard by the momentum behind it after he had declared there to be little appetite for paid family leave while he worked to pass his ten-plank women’s equality agenda, which is now moving through the Legislature in pieces.

Cuomo’s office recently indicated that leaders of the majorities from each house do not seem close on a paid family leave deal. It was unclear if his administration is doing anything to facilitate compromise.

In summarizing last Thursday’s rally, a press release from the New York Paid Family Leave Insurance Campaign says that significant lobbying efforts are set to begin: “In each region, labor and community leaders identified local actions and events to mobilize citizens between now and the end of the legislative session.” Wednesday’s event in Albany will be a major part of these efforts, but it remains to be seen how much attention any issue can get with Albany in further disarray.

The conversation around paid family leave has gained traction nationally since President Obama mentioned it in his State of the Union address earlier this year. The President is attempting to pass the Healthy Families Act to create a $2 billion fund to help states implement paid family leave. Senator Gillibrand has introduced the federal Family and Medical Insurance Leave (FAMILY) Act, which has 12 Democrat co-sponsors.

While federal aid could provide a significant push, New York does already have the mechanisms to implement paid family leave. But, reticence among business leaders about what they see as another possible regulation and potentially unfunded mandate is shared by Republicans (and some Democrats) who staunchly refuse to lay the burden for paid leave on employers.

The concerns about the law raised by the business community seem unsubstantiated when the experiences of other states with paid family leave are taken into account. Meanwhile, the Nolan-Addabbo version of paid leave actually bases it on employee contributions rather than state funding. The Klein version, which appears to at least have some support from Senate Republicans, calls for the state to pay at least $125 million in the first year of implementation with the following years supplemented by employee payroll fees.

The paid leave campaign backing the Addabbo-Nolan bill stresses that “the paid family leave insurance benefit is entirely employee-paid,” and that “the law does not create a new administrative requirement, but rather expands New York’s existing Temporary Disability Insurance program (TDI) through a small increase in premiums that would continue to be shared by employers and employees, as they are now.”

In California, a paid family leave (PFL) law was passed in 2002 and went into effect in July 2004. In the years since, the fears that businesses had about the effect of PFL on their productivity and the local economy turned out to be unfounded. According to a 2011 report by the Center for Economic and Policy Research (CEPR), 89 percent of employers said that PFL had a “positive effect” or “no noticeable effect” on productivity and 91 percent said the same about profitability and performance. (The report was based on a survey of 253 employers and 500 individuals conducted in 2009 and 2010).

“California serves as a model for other states and the national level,” said Greta Twombly, campaigns manager, American Sustainable Business Council. “It’s considered a success. Businesses were worried about it hurting their bottom line. Data year after year shows that’s not the case.”

Twombly insists that paid family leave helps businesses avoid the costs of hiring and training new employees and evens the playing field for businesses that already provide certain benefits to their employees.

In New York, she said, “There’s direct competition between companies that provide it and those that don’t. There are companies that want to provide it but can’t because there are no logistics for it or their competitors don’t so they can’t afford to either.”

In 2009, New Jersey became the second state to establish paid family leave through the state Family Leave Insurance (FLI) program. Again, most employers felt that the program didn’t affect profitability according to a report released by CEPR last year. CEPR surveyed 18 employers ranging from 26 to 36,000 employees and none of these businesses said it affected productivity or turnover. Only two employers said it had a negative effect on their bottom line. Even in New Jersey, Twombly said, “There have been no terrible, dramatic, scary effects that opponents touted. Quite the opposite.”

Rhode Island only created its paid leave program in 2013. It is funded through employee contributions and so has minimal impact on employers. “In Rhode Island, a lot of employers were already doing this in one way or another,” said Erik Rettig, North-East outreach manager, Small Business Majority. “People getting sick is not new.”

Citing a poll conducted in 2013, Rettig said business owners are in favor of policies based in shared contributions or employee payroll deductions. But the challenge for New York is clarity in policy. “A lot of times these policies are piecemeal,” Rettig said. “They’re cobbled together. Businesses don’t look forward to that.” Although he conceded that it would be tough to expand temporary disability insurance to pay for paid family leave, a cost that would fall on employers, he argues “It makes business sense at the end of the day. There’s no evidence to support the fact that it isn’t working for businesses. There is evidence to the contrary. Business owners get this. They just want to make sure it happens in the right way,” Rettig said.

Senator Klein has been trying to champion his version of paid family leave through the Senate, albeit by separating it from TDI. "Including Paid Family Leave in the Senate’s one-house budget was a major step forward for New Yorkers,” Klein said in a statement to Gotham Gazette. Where it goes now is unclear.

At the event Thursday, Public Advocate James said, “We are here for one simple reason: No one should have to choose between taking care of their family and losing their job.”

James added: “Paid family leave is a basic protection guaranteed to working families in 185 countries around the world, but our city, our state, and our country are lagging severely behind.”

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by Samar Khurshid and Ben Max, Gotham Gazette
@samarkhurshid @tweetBenMax @GothamGazette

Strategy Meetings Signal Coming Flurry of Rent Law Lobbying


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A housing-related rally at City Hall (photo: @AffordabilityNY)


On Friday, tenant advocates, union representatives, and elected officials gathered in two separate meetings to discuss the renewal and strengthening of state rent laws. There is a sense of urgency among city-based legislators and tenant advocates as the laws regulating many thousands of apartments are set to expire in six weeks and legislative debate on the topic is non-existent.

One meeting took place at the United Federation of Teachers (UFT) headquarters in New York City and featured Mayor Bill de Blasio, union heads, and key electeds like Assembly Housing Committee Chair Keith Wright of Harlem. According to numerous sources the meeting was convened by 1199 SEIU, the powerful healthcare workers union, to convince organized labor to join the fight to strengthen the rent laws.

Meanwhile, another group of advocates and legislators met in Yonkers in the office of Assembly Member Shelley Mayer to discuss how to get equity between the city and suburban rent laws and how to mobilize tenants on short notice.

Many legislators and advocates worry that the meetings took place too late in the game. There's just six weeks left in legislative session and the rent laws have been the subject of few negotiations and almost no organized lobbying.

Stakeholders see this year as do or die for strengthening rent laws so that landlords can't remove apartments from rent regulation after making renovations and increasing rent. Advocates say 54,000 apartments have been taken off the roles in the past 10 years - a figure they cite as a net total. Landlords insist the current rules help them maintain apartments and keeps the housing stock from falling into complete disrepair - they do not want to see it become tougher for them to move apartments to market rate.

Meanwhile Senate Republicans are distracted by the corruption investigation into and impending charges against Majority Leader Dean Skelos, and eager to frustrate their nemesis de Blasio, who is seeking renewal of mayoral control of schools and the rent laws before both sunset in June. Tenant advocates are investing all of their hope in new Assembly Speaker Carl Heastie, Democrat of the Bronx, and are demanding he play hardball in negotiations over the renewal of the 421-A tax break that benefits developers and expires at the same time as the rent laws.

Gov. Andrew Cuomo has already downplayed the possibility of useful negotiation in the Legislature. Back from his visit to Cuba, an energized, punchy Cuomo delivered an assessment of the current rent law negotiations to a breakfast of the Association for a Better New York on April 24.

"If it was a different time in Albany, frankly, and Albany was a little bit more of a stable situation I would normally take those negotiations to Albany and try to work it out among the parties," Cuomo said of the housing-related issues. "Albany is somewhat - there's a lot going on right now. So I'm hoping and I'm asking the parties to work out the disagreements among themselves." He then suggested that the situation in Albany might be so dire that a straight extension of both programs, without any tinkering, might be necessary.

That was the last thing tenant advocates wanted to hear. "I thought it was outrageous," said Michael McKee, treasurer of Tenant's PAC. "He was proposing exactly what the real estate industry wants."

McKee was further vexed that no legislators challenged the assertion that Albany is too dysfunctional to negotiate over two essential pieces of legislation."Why was there no blowback?" asked McKee. The influence of the real estate industry in Albany is well-documented, of course.

Advocates plan on turning up the pressure in the coming weeks. Cuomo's Manhattan office will be the center of protest on Wednesday, May 6 at 11 a.m. and New York State Tenants and Neighbors will host a rally in Foley Square at 5 p.m. on May 14. A number of legislators also have tentative plans to make public pushes for strengthening the rent laws.

What do advocates want? They say the city has those 54,000 rent-controlled units over the past 20 years thanks to vacancy decontrol. Current state law allows landlords to increase rents based on improvements they make to a building or individual apartments. Some tenants find their rents increasing without any obvious fixes being made. Landlords can also increase rent by 20 percent once a rent-stabilized tenant leaves. Tenants claim this leads to abuse from landlords who want to increase rent. The Rent Stabilization Association (RSA), which represents landlords, insists that landlords make improvements that are necessary and that without them the housing stock deteriorates.

Landlords face increasing operating costs like water and sewer fees. Frank Ricci of the RSA said he praised the current laws, especially considering the challenges landlords face. "I think all those laws work very well," said Ricci. "They inject needed capital into the housing stock.

But that does not mean Ricci is happy with a lack of legislative discussion over the rent laws "There hasn't been a rational healthy debate on the issue for years. It is owners versus tenants. The Assembly gets very wrapped up in representing tenants. They aren't worried about what keeps the housing stock going."

There are differing proposals for how to improve rent control for tenants and it is unlikely any individual bill proposed in the Legislature will become the solution as a bill package will almost certainly be hashed out in secret by Cuomo and the leaders of each house. But a few of the ideas include limiting landlords' ability to increase rent after repairs so that once the repairs are paid off rent would return to a baseline. There is also talk of ending vacancy decontrol and stopping landlords from being able to increase rent by 20 percent once an apartment becomes vacant.

Renewal of the rent laws almost certainly won't happen this year without renewal of 421-A, a tax break for developers that has been under the spotlight lately in part thanks to the indictment of former Assembly Speaker Sheldon Silver, who allegedly used his leverage over the breaks to push developers to hire a law firm which in turn gave him kickbacks. There are also questions about whether 421-A is still necessary as an incentive to spur development in a booming city.

But, the tax break is designed to incentivize developers to include affordable housing in luxury high rises. Tenant advocates say the costs of the break far outweigh the benefit, though: the city lost $1 billion in tax revenue to the exemption in 2014 according to a study by the Municipal Art Society of New York. Advocates estimate that fewer than 16,000 families benefited from the creation of affordable housing under 421-A last year. Some legislators have proposed replacing the program with a housing voucher system so that families would directly benefit.

It is dubious to think that Senate Republicans will let 421-A go when the real estate board, also known as REBNY, and developers are their single largest campaign donors and Senate Republicans don't have a very large wish list for the end of year. Governor Cuomo is also a very large beneficiary of the real estate industry, as are many other Democrats.

Further, some in the real estate industry insist that de Blasio needs 421-A to implement his ambitious city affordable housing plan because he is relying on real estate powers to implement it. His plan calls for the creation over the next decade of 80,000 affordable units, the preservation of 120,000 affordable units, and the development of 160,000 market-rate units.The mayor's office did not issue any details of Friday's meeting and did not respond to request for comment in time for publication.

Activists and legislators say the mayor should simply get behind a new plan that relies on a program replacing 421-A, but with the rent laws expiring in June and Senate Republicans running down the clock it appears unlikely that 421-A is going anywhere.

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

New Guide to Public Assistance Aims to Help Neediest Navigate System


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At Thursday's guide release (photo: @DMirandaSNP)


New Yorkers in need of public assistance provided by the city must navigate a maze of bureaucracy and paperwork. In an attempt to provide clarity and ensure that the neediest access available benefits, the Safety Net Project at the Urban Justice Center in collaboration with the Center for Urban Pedagogy today released a visual guide to the city’s welfare system.

Titled “Your Guide to Welfare NYC,” the poster is designed to help the 350,000 city residents who rely on public cash assistance to access benefits and protect themselves when those benefits are in danger of being revoked.

The guide was created over the last year through feedback from recipients of public benefits and advocacy groups. The city’s Human Resources Administration (HRA) also helped review the poster drafts and its commissioner, Steve Banks, was at Thursday’s launch event.

The Safety Net Project has printed 2,000 copies, a portion of which will be distributed today throughout the five boroughs while the online version of the guide is disseminated through social media and other channels.

“With over 350,000 people relying on public assistance, there aren’t enough resources to ensure everyone has access,” said Denise Miranda, managing director of the Safety Net Project. “There’s an urgent need to help those people who rely on benefits for their survival.”

Going forward, Miranda hopes that they can translate the multi-page poster into different languages and print and distribute on a larger scale. “We’re hopeful that the city might participate in raising funds for distribution,” she said. “It’s a resource tool that will be invaluable to New Yorkers.”

The poster - in red, white and blue - has a step-by-step visual guide divided into three easily readable sections with graphics. The first section lays down the basics of eligibility for benefits, how they are disseminated, and where to apply. The second section gives simple instructions for how to apply, including the documents needed and tips for visiting HRA centers. The final section shows people how to retain benefits, avoid sanctions, and settle disputes with HRA.

nyc welfare guide via safey net

Showing renewed cooperation between HRA and advocacy groups, the release was held at HRA’s Waverly Job Center in midtown. “We have been partnering with community groups all over the city,” Commissioner Banks told reporters. “Over the past year we’ve been making dramatic reforms in the agency and we think efforts like this are helpful to get information out to our clients. We look forward to continue to partner with the Urban Justice Center and other efforts to make sure our clients are aware of the services that we have and help them navigate that process.”

Under Banks, who was appointed by Mayor Bill de Blasio, HRA has seen significant changes from past administrations. “After 20 years of administrations that showed disregard, some might say disdain, for people in need of assistance, there’s been a shift in outreach, policy and culture in the new administration,” said Safety Net Project’s Miranda.

HRA has also been making efforts in easing the process of accessing benefits. Just last week, the city announced a new website, foodhelp.nyc, to help people apply for  Supplemental Nutrition Assistance Program (SNAP) benefits, also known as food stamps. The city estimates that more than half a million New Yorkers qualify for SNAP but have not availed of them.

“Anything that helps people know about and navigate the complicated process [of public assistance] is important,” said Liz Accles, executive director of Community Food Advocates. “The administration has taken big steps forward. But there have been 20 years of policy and public practice in place that make it nearly impossible to access public assistance. It takes the full effect of both the city administration and advocacy organizations to see that people are able to get assistance and navigate the process.”

Wendy O’Shields has volunteered at Safety Net Project for the last year and worked on the new guide. Her perspective is doubly relevant considering that during the Great Recession, she had to reluctantly apply for public assistance. “There was nothing I could reference to learn the rules that HRA goes by,” she told Gotham Gazette after today’s press conference. “I had to learn by the experience, the school of hard knocks. It would have been very helpful going through crises if there was something I could have referenced so I could have not made the learning curve beginner mistakes.”

The new poster does just that. Perhaps more aptly called a pamphlet, it translates legal technical information into conversational language and has a flow-chart-like design. “We often think of it as building a narrative that helps people move through the information in a way that’s accessible,” said Christine Gaspar, executive director of the Center for Urban Pedagogy. “The process is about bringing those pieces together.”

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by Samar Khurshid, Gotham Gazette
@samarkhurshid

Even After Reforms, Albany Committee System Remains 'Undemocratic' Labyrinth


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Senator Squadron (photo: @DanielSquadron)


State Senator Brad Hoylman, generally soft spoken, is so frustrated by the Senate's committee system that he calls it "a glorified joke." He has had his bills bottled up and left to die without a floor vote despite using all the proper procedures to push for consideration, laments the Manhattan Democrat.

In Albany, it is simply a way of life for members of the minority to propose bills only to see them referred to committee where they die, never reaching a floor vote, never actually being the subject of active public debate.

That's why legislators and good government groups were almost caught off guard on Monday when the Senate election committee approved Sen. Daniel Squadron's bill that would end the LLC loophole that allows wealthy interests to pour unlimited amounts of cash into electeds' already-bursting campaign coffers.

Senate Republicans remain steadfastly opposed to campaign finance reform, including closure of the LLC loophole, and Squadron's bill only came up for consideration after he used a parliamentary procedure to force it onto the schedule. The bill was swiftly approved without a voice vote. On its face everything seemed peachy keen - except that Democrats had voted for the bill with recommendation, Republicans without, and the bill was quickly referred to the Corporations Committee where the process resumes - if the committee meets and puts it on the calendar, which it is required to do within its next two meetings (if they occur this session). Most observers bet the bill will die there, but the committee could approve it without any fear that the bill will come to a floor vote in front of the full Senate.

Albany's committee system is in some ways powerless - instead of vetting bills in committee and eventually sending them to the floor for a vote before the full legislative body, bills, regardless of the support they enjoy, can be bottled up by leadership. Bills favored by leadership in many cases actually skip consideration of the most appropriate committees and are delivered through the Rules Committee controlled by leadership. It is a convenient way to make it look like work is being done and more bills are really being considered while avoiding the negative impacts of voting down popular legislation.

"The system is not like it is in Congress, it isn't like you learned in School House Rock," said Senator Hoylman.

Hoylman watched on Earth Day as a slew of environmental bills were delivered straight from the Rules Committee, completely bypassing Environmental Conservation where he is the ranking Democrat. "What we see in the committee process is a pattern of obfuscation," Hoylman told Gotham Gazette. "The concern is that it looks like we are doing the people's business by sending them to committee, but a great number of bills don't ever go through committee."

It has simply become a futile struggle for some members of the minority in each house, legislators who see their bills ignored for years at a time despite putting in motions for consideration. Senate Democrats regularly receive notices from the majority that according to their interpretation of the rules a notice for consideration should have been put in with 90 days notice rather than the 45 stated in the Senate rules.

"A true democracy does not exist in the Senate," said a slightly bemused Sen. Michael Gianaris, Democrat of Queens. "Committees are just another tool for the majority to use to cement its power."

With a slim majority and its Leader Dean Skelos under investigation, Republicans appear to be avoiding as much debate as possible this legislative session, which is scheduled to run until mid-June. In some cases they would rather force their members to vote against bills that might be popular in their districts. In other cases some floor votes might cause a rift with their legislative partners in the Independent Democratic Conference, or IDC. "It seems like a lot less substance is getting done this year," said Gianaris, who laments how many policy items were dropped from budget negotiations.

Hoylman and other Senate Democrats say they want to see the process changed so that committees have real authority and consider dissenting opinion. Hoylman said his conference "must" change the system when they win control of the chamber (when that might be isn't exactly clear, though Democrats are hoping to ride a Hillary Clinton wave in 2016).

The Senate rules were last reformed in 2009 after the Senate Coup was resolved, when the chamber was under extreme scrutiny. Now-convicted Sens. Malcolm Smith and Pedro Espada were serving as Senate President and Majority Leader, respectively.

One of the major changes allows for a bill's sponsor to force it to a vote if they collect signatures of three-fifths of the 63 sitting senators. Another rule allows for legislators with a bill on third reading to have it placed on the chamber's active list with a vote of the majority of members. Committee chairs were term limited to 8 years and allowed to hire their own staffs, rather than having staff provided by leadership. Finally, there was the stipulation used by Squadron in the LLC debate that allows for the sponsor to have their bill considered by committee within 45 days.

Squadron, in fact, was deeply involved in crafting those rules changes. He says he would like to see further reforms, but there is an easier fix at hand. "In the six years since I worked with the Democratic majority to create the Motion for Committee Consideration," he said, "we have seen ever-evolving strategies to undermine its basic goal: empower members to ensure consideration of important issues and, if the majority of the house supports them, pass them through the Senate. There's no question that a number of reforms would increase the role of committees and empower individual elected members, but to start, one solution is to be faithful to the spirit of the rule that already exists."

Some of the Senate's most notorious members used their positions as committee chairs to gain influence and boost their relationships with lobbyists and industry. Before he launched the Senate Coup in partnership with Skelos, Sen. Pedro Espada battled with the Democratic majority for more power. He was able to leverage his participation in the narrow majority for positions as vice president of the Senate rules committee and to many housing activists' chagrin, he was appointed head of the housing committee as rent laws were set to expire. Espada appeared to bottle up pro-tenant legislation. He maintained the ability to exert his own control over the committee because his loyalty to the Democrats kept them in the majority - until June 2009 when he joined the Republicans.

Espada's good friend convicted Sen. Carl Kruger used his position as head of the finance committee to advance his relationships with representatives of business groups who wanted him to direct discretionary funding to their projects. Kruger pleaded guilty to taking $500,000 in bribes in exchange for sponsoring legislation and state cash. An FBI listening device recorded one of Kruger's co-conspirators who was seeking $9 million for a bridge and $4 million for a park reminding the senator, "You're the finance committee chair."

[Related: Quiet Before the Storm in New Phase of Mayoral Control Debate]

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by David King, Albany editor, Gotham Gazette
@DavidHowardKing

Community Board Reform Bills, Including on Term Limits, to Be Heard


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CMs Dromm, middle, and Kallos, right, have intro'd reform bills (photo: William Alatriste)


At a hearing of the City Council's Committee on Governmental Operations Thursday, issues of community board function will be taken up through bills to introduce term limits for board members and to add professional urban planners to board staff.

The term-limit bill, introduced by Council Member Daniel Dromm in December last year, would allow community board appointees to serve up to six consecutive two-year terms. Currently, there is no limit on how many terms a community board member can serve. The bill, co-sponsored by Council Member Ben Kallos, who chairs the government operations committee, would enact the six-term limit starting for members appointed in April 2016.

The bill provides exemption for current board members who would be grandfathered along current no-limit rules. Community board members are appointed by borough presidents; there are 59 boards in the five boroughs.

"This is just one of the areas in which community boards should be reformed," said Lauren George, associate director of good government group Common Cause New York. "In terms of increasing representation, this will be a big step in improving the way community boards represent the changing dynamics of the city. When experienced members basically get a lifetime membership, they tend to have entrenched interests. They don't reflect the neighborhood, age and ethnic diversity, or sometimes even gender diversity."

George also said recruitment to community boards is extremely challenging, which is especially true in certain parts of the city, and term limits could encourage new people to join.

"Citizens Union supports reforms to strengthen community boards through increased resources, such as urban planning staff, as well as the institution of term limits," said Rachael Fauss, director of public policy at Citizens Union, in support of the principles behind both bills to be heard Thursday. She added, though, that "Term limits, which we believe should be phased in, rather than grandfathering in current members, will ensure that the representation of boards is able to keep pace with changing demographics, such as emerging immigrant communities."

Ed Jaworski is president of Madison Marine Homecrest Civic Association and a first-year member of Community Board 15 in Brooklyn. He said he had been applying for more than ten years before he finally got appointed. "The appointment process has to be depoliticized and more transparency is necessary," he said. "But that doesn't seem to be on the horizon so at least term limits are a first step."

"You need rotation," Jaworski added. "You need fresh blood and you need to remove people who aren't contributing. Over time, they just become Yes People."

At Thursday's hearing, Jaworski will testify in favor of Dromm and Kallos' bill and even suggest that the entire appointment process of community boards be reviewed. "If some of these people are political appointments, let the politicians move them on and up," he said.

Kallos expects strong support from good government groups and from community members at the hearing. "I think having term limits will provide healthy churn," he said on Wednesday. "It's a good step and there's precedence for it in government. It provides a good incentive and gives time to people to get things done, learn the trade, and then pass it on."

Neither bill being heard Thursday will be voted on, a committee vote on the bills would come at a subsequent hearing, perhaps after tweaks to the bills. It is expected that there will be opposition voices at the hearing, especially on the term-limit bill, which does not appear to have support from the borough presidents.

Kallos is the prime sponsor for the urban planner bill, which he introduced last month. It is likely to see little opposition.

The bill would provide for an urban planner position for each community board and create planning offices under the five borough presidents. Common Cause's George said her organization supports both bills. "Boards are crying out for support. Expertise and planners are essential," she said.

Jaworski agreed. "That's a very good proposal. There's no planning going on at the boards. And City Planning doesn't do planning, they do rezoning."

***
by Samar Khurshid, Gotham Gazette
@samarkhurshid

Note: Gotham Gazette is an independent publication of Citizens Union Foundation, sister organization of Citizens Union



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