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What to watch for this week in New York politics:

This week includes a high-profile New York City Council NYPD oversight hearing on Monday, Tuesday's primary elections, Thursday's 13th anniversary of September 11, 2001, and a great deal more to keep an eye on.

As September 11, 2014 approaches, Sen. Kirsten Gillibrand, Rep. Carolyn Maloney, Rep. Jerry Nadler, Rep. Peter King, Mayor Bill de Blasio, labor leaders, advocates, and 9/11 first responders and survivors will urge Congress to reauthorize the James Zadroga 9/11 Health and Compensation programs. The aforementioned will gather at Ground Zero on Monday morning at 11:15 a.m. to begin their push in Congress to reauthorize the programs that were originally passed in December 2010. The congressional lawmakers will be introducing legislation later this month to continue these programs for 25 more years.

Meanwhile, coming off a weekend that saw Gov. Andrew Cuomo do a bit of campaigning, especially as his camp seeks to firm up support for his lieutenant governor (LG) running mate Kathy Hochul, and snub a hello from his main primary opponent Zephyr Teachout at Saturday's Labor Day parade, all eyes are on Tuesday's results to see what margin Cuomo defeats Teachout by (barring some kind of shocking upset) and whether Hochul can fend off Teachout's LG running-mate Tim Wu. Tune into The Brian Lehrer Show on WNYC Monday morning at 10:15 to hear the LG candidates (Hochul, followed by Wu) discuss the race.

The weekend also saw Mayor Bill de Blasio campaign for some of his endorsed candidates, including Assembly candidate Pete Sikora and Senate candidate Dell Smitherman. Lots to watch for on Tuesday as we see if the mayor's preferred candidates like Sikora, Smitherman, and Rubain Dorancy, among others, come out on top in their races.

This is also the first full week of school and watchers will continue to see how the rollout of the city's massively expanded pre-kindergarten program goes. Reviews of day one and two on Thursday and Friday were strong and this week will see the opening of a handful pre-k sites that were not quite ready to open last week. Along with pre-k, those interested in education, especially the changes under the new mayor and his schools chancellor are awaiting word on a variety of new policies and programs, including what, exactly, the DOE will be doing to help the most struggling schools.

All that said, New York politicos have all eyes on Tuesday's election results as the week begins. The headliners including the Democratic gubernatorial primary and several Democratic primaries for seats in the State Legislature. See our Guide for the Last-Minute Primary Voter for a lot more detail. And, use our Gotham Gazette-WNYC Election Guide to see which races will be on your ballot, key races to watch, and a whole lot more.

Elections Tuesday!
Tuesday is primary day for the 2014 New York State elections. Get caught up or continue to prepare using our Elections Center, which includes our debates tracker, where we're aggregating video and audio of debates as well as print coverage. Debates include those The Manhattan Neighborhood Network's "Represent NYC" began airing hosted by either our Ben Max or Marlene Peralta of El Diario. You can also catch debates for Bronx-based seats on BronxTalk; NY1 has hosted several debates on Inside City Hall, as has WNYC's Brian Lehrer Show. Details and lots of links here. Also: read our Guide to the Last-Minute Primary Voter to prepare for Tuesday's elections and use the Gotham Gazette-WNYC Election Guide to see which races will be on your ballot and much more.

Keep in mind, in almost every race that affects New York City voters, the primary is the key. In this overhwhelmingly Democratic city, there are few strong Republican or third-party challengers awaiting Democratic primary winners. There are, though many competitive Democratic primaries.

Here's more to watch for day-by-day this week:

Monday
Chancellor Carmen Fariña continues her start-of-the-school-year school visits, heading to Eagle Academy for Young Men of Staten Island at 9 a.m. to meet with the middle school's new principal.

Before participating in Monday's aforementioned press conference with congressional representatives at Ground Zero, "Mayor de Blasio will deliver remarks in Manhattan at a Taxi and Limousine Commission ceremony honoring drivers with outstanding safety records," according to his public schedule. The event will occur at 10 a.m. at Borough of Manhattan Community College.

Comptroller Scott Stringer starts his week with one public event, according to his schedule: at 10 a.m. he'll discuss the City's Housing Maintenance Report at Amsterdam Houses in Manhattan.

On Monday, the City Council Committee on Public Safety will hold an oversight hearing on the New York City Police Department's plan to enhance officer trainings. At 10 a.m. Speaker Melissa Mark-Viverito will deliver an opening statement in Council Chambers at City Hall. This hearing is happening in direct response to the death of Eric Garner while being arrested by NYPD on Staten Island in July and promises from both Police Commissioner Bratton and Mayor de Blasio that a re-examination of NYPD trainings would be taking place.

Later, the Council's Committee on Women's Issues, jointly with the Committee on Cultural Affairs, Libraries and International Intergroup Relations and, separately, the Committee on General Welfare will hold hearings on a variety of items.

On Monday at 1 p.m. Council Member Andy King and the Times Square Alliance, along with other electeds, city agency reps, and local business reps, will rally at Duffy Square (46th and Broadway) "to announce new Costumed Individuals legislation that will be introduced" at Wednesday's City Council Stated meeting. "Following mounting reports of bad behavior and arrests of costumed individuals in the Times Square area from community members and tourists, local and citywide officials have identified a need to regulate the costumed individuals. The new legislation, which calls for a simple licensing and regulatory scheme regarding the commercial activity conducted by the individuals, was drafted with input from Tim Tompkins, President of the Times Square Alliance, and other elected officials and city agencies."

Also at 1 p.m. on Monday, New York City officials will call on the federal government to "build long-overdue National Women's History Museum." According to a release, "Congresswoman Maloney, Council Members Ben Kallos and Laurie Cumbo, Former Congresswoman, Comptroller and DA Elizabeth Holtzman," and other electeds will push for a "National Women's History Museum in DC..Following a hearing of the City Council resolution in support of building a National Women's History Museum in DC, elected officials and advocates call for the Senate to end delays and pass legislation to advance the museum's formation. Maloney successfully passed her legislation in the House of Representatives 383-33, but two Senators, Mike Lee of Utah and Tom Coburn of Oklahoma, are holding up the legislation, which has the support of all 20 women senators."

Meanwhile, on Monday in Albany, it's "BoomState: Why Boomers are fleeing New York and What's it costing us? How keeping Boomers in New York could be the Empire State's Economic Savior," presented by City & State NY and AARP. The conference begins at 8 a.m. at Taste Penthouse.

It will feature welcoming remarks by David McNally, Manager of Government Affairs, AARP and opening remarks by Tom DiNapoli, New York State Comptroller. Those remarks will be followed by presentations and panels.

Council Member Peter Koo, along with representatives of the NYPD, will be leading Vision Zero flyering on Monday at the Flushing Library.

And, Zephyr Teachout and Tim Wu will roll out their technology policy platform on Monday afternoon, "their plan to create a 21st century economy and digital infrastructure that promotes opportunity, innovation and opens access to information."

Later Monday, Teachout and Wu will hold an "Election Night Eve Rally" in Union Square starting at 6:30 p.m.: "Zephyr and Tim will be there to meet with supporters, address the crowd and help with GOTV efforts. Supporters can pick up voter lists, literature and election day assignments."

For their part on Monday, Gov. Cuomo and Kathy Hochul are having two get-out-the-vote rallies: 1:30 p.m. at the New York Hotel Trades Council in New York City and at 5 p.m. at IBEW, Local 41 in Orchard Park.

Tuesday
As we mentioned, Tuesday is primary day! Get up to speed on the 2014 New York State elections through our Gotham Gazette Election Center or through our Guide for the Last-Minute Primary Voter or through our Gotham Gazette-WNYC Election Guide that lets you enter your address to see which races will be on your ballot or simply explore any and all races you'd like.

On Tuesday morning, the New York City Food Policy Center at Hunter College and Doctor of Public Health (DPH) Program/CUNY School of Public Health present "Climate Change, Food and Health: From Analysis to Action to Protect Our Futures." According to the event listing, "As scientists warn of escalating global warming, how can we take action to ensure that food supplies and health in New York City and around the world are protected?"

On Tuesday starting at 9:30 a.m., Staten Island Borough President James Oddo is hosting a 9/11 Memorial Blood Drive at SI Borough Hall.

Tuesday evening will see "Embrace the Common Core" - a reception and debate.

Also Tuesday night: primary returns! Watch NY1, follow WNYC's Data News Team, and see what happens in all of the contentious primaries we've been tracking for months now.

Wednesday
Wednesday morning will see NYPD Commissioner Bill Bratton at a Crain's Business Breakfast Forum. According to the event listing, he'll discuss: "How fighting crime has changed under a progressive mayor; Whether the NYC media covers police issues fairly; Why crime plunged but poverty didn't; The past and future of urban policing."

The Manhattan Institute for Policy Research Center for Local Leadership asks, "Are Unions Democratic?" at a panel event on Wednesday at noon.

The City Council holds its first of two full-body Stated meetings of the month on Wednesday - expect a slew of new legislation to be introduced, including King's regarding costumed characters, as well as several bills voted on. There will also be meetings of the finance committee and the rules committee on Wednesday morning before the Stated meeting.

Wednesday evening will see "Bus Rapid Transit: Solutions for Outer Borough Travel" an event with a roundtable discussion: "Up on the Streets, Bus Rapid Transit can shorten commutes for thousands of New Yorkers and provide increased access across the boroughs...the Transit Museum and Streetsblog team up to consider plans for BRT expansion and the design and implementation of new routes."

New Yorkers for Police Reform will meet on Wednesday evening: "Open to all interested persons, these meetings generally attract a diverse group of New Yorkers - all ages, races, ethnicities, genders, sexual preferences, communities, and constituencies represented. At this session we will discuss and decide upon steps for carrying out plans for: PROP's on-going court monitoring initiative, our September 21st Petition Day and Campus Action Network's fall outreach campaign."

"The CUNY Institute for Education Policy at Roosevelt House Invites you to Attend: Are Private Schools Good for America?" More specifically, an expert panel will discuss, "Do private schools serve the public good, or private interests? Do they train for democratic citizenship, or do they further divide an already plural­istic society?"

Wednesday evening will see one of Gov. Cuomo's "Citizen Preparedness Corps training sessions...The Citizen Preparedness Corps program, administered by the New York National Guard, aims to provide approximately 100,000 New Yorkers with the tools and resources to prepare for emergencies and disasters, respond accordingly and recover as quickly as possible to pre-disaster conditions."

The Civilian Complaint Review Board (CCRB) will hold a public meeting on Wednesday evening on Staten Island - an event with serious significance in the aftermath of Eric Garner's death in the borough.

Thursday
Thursday is the 13th anniversary of the September 11, 2001 terrorist attacks on New York City and Washington, D.C. The day will be marked by remembrances of all kinds, public and private; silent, quiet, and loud. This will be the first time that the new National September 11 Memorial & Museum is open. The institution will host private ceremonies on Thursday and then open to the public in the evening. 

Friday and the weekend
On Friday, the City Council's civil rights committee will consider "the Stop Credit Discrimination in Employment Act (Intro. 261). The bill, which was introduced by Council Members Brad Lander and Deborah Rose, has 39 sponsors and would prohibit the use of credit history when making hiring, firing, and other employment related decisions. Prior to the hearing, at 9:30, council members will be joined by community, labor, and student groups for a press conference in front of City Hall." This is a new iteration of a similar bill that was introduced in 2012, but never made its way through the Council.

Gotham Gazette is told there will be an "Airbnb Illegal Hotels Campaign Launch" happening on the steps of City Hall on Friday at 11 a.m.

And on Saturday, Council Member Paul Vallone is hosting a 9/11 remembrance ceremony honoring fallen soldiers from Fort Totten at 10 a.m. in Queens.

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Have events or topics for us to include in an upcoming Week Ahead in New York Politics? Email 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 Kristen Meriwether, Katrina Shakarian, and Ben Max in New York City and David King in Albany
@GothamGazette

Koppell, left, and Klein on BronxTalk (photo by Osjua Newton)

The contest between state Sen. Jeff Klein and former New York City Council Member Oliver Koppell could determine the future of the State Senate and both men are campaigning as though everything is at stake.

"If I win the IDC is dead," Koppell told Gotham Gazette of the Klein-led Independent Democratic Conference, "I will tell them they can come back as full-fledged Democrats and if not, I will tell them: 'as far as I am concerned, you will have a primary opponent and I will finance it.'"

Koppell told Gotham Gazette that should he win and join the Senate he expects to be made a part of Senate Democratic leadership, despite the fact that he would only be a freshman Senator, and from that position he said he will invite other members of Klein's IDC back to the fold or personally ensure funding for primaries against them.

Many Senate Democrats hope to see Koppell pull off a victory and believe with Klein gone the rest of the IDC members would simply return to the mainline Democrats. But many of those Democrats won't express that notion publically because their leadership cut a deal with Klein that would see the two conferences share power after the November elections - if both sides together have enough members to take control of the body, that is.

Vehement promises aside, Koppel's frustration with his position in the race against Klein is palpable - he was supposed to have massive support from Senate Democrats, the Working Families Party, and the unions that back them. He was recruited to challenge Klein because of Klein's maneuvering the IDC into an alliance with Senate Republicans that led to a bottleneck of progressive legislation.

Shortly after being persuaded to join the race by Senate Democrats and members of the Working Families Party, Koppell saw Klein cut a deal by which he pledged to a power-sharing agreement for control of the Senate and to pass the legislation he had helped bottle up.

All the promises made to Koppell to entice him to run in what he knew would be a brutal contest disappeared, but Koppell did not. Now with limited resources, and without the backing of most mainstream Democrats, Koppell has tried to make a race out of it with the energy of the progressive movement that is angry Klein has been able to escape retribution from abandoning Senate Democrats.

Back in 2004, things were a bit different: both men were on the same side of a Senate contest between then-Assembly Members Klein and Steve Kauffman, who said he would caucus with Senate Republicans if elected.

''In terms of the Republicans, this is backroom sleazy politics, and it goes completely against the party system,'' Klein told The New York Times in 2004, referring to Kauffman's discussions with then Republican Senate Leader Joe Bruno. ''I think it's important for this district to tell Joe Bruno that the Republicans can't get involved in a Democratic primary.''

"Well, the fact is I supported Jeff Klein in that race for the very reason that I'm challenging him now - Kauffman going to caucus with the Republicans and Klein who was outspoken at the time said he would work for Democrats. I went door to door with [Klein] in Riverdale," recalls Koppell. "It never works well when people switch."

Klein's spokesperson declined to make the senator available for an interview claiming that he was "out of the district." Over several days, Gotham Gazette asked to speak with the senator, to no avail.

Bronx insiders say that the district is so varied and that turnout is expected to be so limited that either man could win the race - despite the fact that Klein is a long-term incumbent who has earned his power in the Legislature through being a prodigious fundraiser and deft dealmaker. Koppell expects to see 15 to 20 percent turnout.

Gary Axelbank, host of BronxTalk, saw both men for a debate last month and says Koppell is in a tough spot because "Klein is a very good public servant and every community in his district can point to something he did. Jeff works very hard." But at the same time he notes Koppell "has really made this a race."

The Riverdale Press reported last week that Klein allocated $14 million in funding to his district this year through the state budget. Funding for things like park improvements, playgrounds, senior and mental health services, school programming, and even public concerts where Klein has taken to campaigning on stage. The Riverdale Press notes that while community groups are thrilled, some of the funding sources for the projects Klein is taking credit for funding are not clear. Klein's office did not respond to requests from the paper about where the funding for certain projects originated.

During the BronxTalk debate Koppell said he felt he had "already won" because entering the race forced Klein to cut a deal with Democrats. But, at the same time he acknowledges no one is sure what that deal really looks like.

"I still don't know what that deal is. I don't know what that means, we don't know who is going to be a senator yet," said Koppell. I don't know what kind of deal they made. If the deal gives Klein veto power thats a terrible deal - look at who Klein's supporters are - real estate, liquor, big healthcare and pharmaceutical companies. If he wins he is going to be king more than he is now."

Koppell has the support of Tenants' PAC, a group that is vehemently opposed to Klein because of his deep ties to the real estate industry and landlord lobby. They are afraid that he will gut the city's rent laws that are up for renewal in the Legislature next year.

Klein was greeted harshly during his visit to the Stonewall Democrats' endorsement meeting in July. The crowd demanded to know why Klein "abandoned" Democrats and helped bottle up gender equality legislation. Klein responded that night that the mainstream Democrats didn't have enough supportive members to pass the bills in question. He has repeated that mantra about campaign finance reform, the DREAM Act, and a larger increase to the minimum wage. Koppel says Klein's argument ignores the fact that he chose to empower a group of Republicans who all stand against those issues, but also leaves out the fact that Klein is an ally of Sen. Ruben Diaz Sr., the Democrats' most outspoken critic of gay rights, women's rights, and public campaign financing. In fact, Klein has been campaigning with Diaz Sr. all summer long.

Multiple sources have confirmed that Klein was also instrumental in convincing Council Member Fernando Cabrera to challenge incumbent Democratic Sen. Gustavo Rivera. Rivera has been an outspoken critic of Klein's and is known to be one of the most progressive members of the Senate. Meanwhile, Cabrera has been linked to a hate group, opposes expansions of gay rights and women's rights, and took money from a controversial donor who supports Uganda's anti-gay laws.

Klein countered Koppell on BronxTalk by insisting that the IDC was responsible for legislative achievements such as Cuomo's gun control package (the SAFE Act), passing Mayor Bill de Blasio's universal pre-k initiative, and rent freezes for senior citizens. "These are core Democratic accomplishments and I'm proud of them," Klein said.

Further, Klein questioned Koppell's commitment to the Democratic Party, calling him "Bloomberg's puppet" for sponsoring and supporting legislation that extended term limits in the city. Koppell countered that Klein received a $10,000 donation from Bloomberg and has served in the Legislature for 20 years without term limits.

The progressive tide that forced Gov. Andrew Cuomo and the IDC to realign themselves appears to have been sparked by the 2013 New York City mayoral race and progressive ideas pushed by Mayor de Blasio and then-Comptroller John Liu (who is also challenging an IDC senator, Tony Avella). It was that wave that pulled Koppell into the race, but now it appears the tides have turned thanks to deals cut between de Blasio, Cuomo, the WFP, and the IDC.

Klein enjoys the bulk of endorsements from labor and political clubs in his district as well as the backing of Cuomo, de Blasio and Bronx Borough President Ruben Diaz Jr. In fact, Cuomo, Diaz Jr., and others led a get-out-the-vote rally for Klein in the Bronx on Sunday, just two days before the primary.

Koppell has been endorsed by the Stonewall Democrats and The New York Times.

At the end of the BronxTalk debate Klein declined to take questions from a room full of reporters. His spokesperson insisted he had to leave quickly to be to another appointment. Klein, however, was later seen strolling leisurely through the campus.

Koppell stayed to continue throwing mud at Klein's record. Primary day is Tuesday.

[Read our Guide to the Last-Minute Primary Voter to prepare for Tuesday's elections]

[Use the Gotham Gazette-WNYC Election Guide to see which races will be on your ballot and much more]

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by David King, Albany Editor, Gotham Gazette
@DavidHowardKing

Council Members holding Thursday's hearing (photo: @CM_MargaretChin)

NEW YORK—As the number of State-funded social adult day care centers have climbed rapidly for nearly two years so have the complaints about them, including, most notably, allegations of Medicaid fraud. The New York City Council has waited patiently for the State to act, but council members' patience has finally run out.

On Thursday the Council held the first hearing on Intro 358, a bill which would regulate the centers by appointing an ombudsman to refer complaints to the State Department of Health and allow inspections to ensure state laws are being followed. As the bill is currently written, failure to comply would result in fines ranging from $250 to $500 per day.

The City's Department for the Aging (DFTA), which is responsible for the seven City-funded social adult day care facilities, would be responsible for enforcement of the new regulations, if they become law. During testimony on Thursday, Caryn Resnick, deputy commissioner for external affairs for DFTA, did not directly come out against the bill, but expressed the agency's belief that the issues at hand are out of its purview.

"It falls to the State to provide oversight for ensuring the quality of the services provided and to protect the integrity of the taxpayer-funded program," Resnick said during her testimony before the Council on Thursday.

She added that city agencies "lack the infrastructure and funding" to oversee the centers. The department estimated the new regulations would require eight full-time employees and cost roughly $2.6 million per year.

The Council is stepping in to help monitor a State-run program council members say has gone awry and is not only costing the state millions, but is putting vulnerable senior citizens at risk.

"The buck stops with us as a city to protect our residents, especially with an incredibly vulnerable population," said Council Member Corey Johnson, chair of the health committee, at Thursday's hearing. "I think waiting for the State to finally take full, comprehensive action is not good enough. We are seeing the ramifications of it in our individual districts across the city."

The number of social adult day care centers has skyrocketed from 40 in 2011 to nearly 200 now (no exact count can be given because there is no publicly available register). This drastic increase is due in large part to State Medicaid redesign. In an effort to draw down costs, people receiving Medicaid benefits get long-term care in residential or community settings, not in private facilities. Social day care centers fall under these terms with Medicaid paying the centers roughly $90 per senior per day.

There is no license, certification, or registration required by the State to operate these centers, although they are supposed to follow state regulations. With very limited oversight and a lucrative payday, centers have been popping up all over the city. A 2013 New York Times investigation found centers luring healthy seniors in with cash, metro cards, and in some cases, small appliances.

"They are offering toasters and field trips over appropriate care for people with Alzheimer's, dementia, and other significant disabilities," Johnson said following Thursday's hearing. "It is an outrage that it has taken this long for the State to act."

Following the article in the Times, a similar bill to Intro 358 was introduced to the Council, but the bill was shelved after the State promised to remedy the pop-up centers. Over a year later, council members maintain the complaints continue and say the State has not done enough.

"Patience is not a virtue where tax dollars are being wasted and the vulnerable are needlessly put at risk," Council Member Margaret Chin, chair of the Aging Committee said Thursday.

State Attorney General Eric Schneiderman has made some effort to curb rampant fraud at the centers. In November 2013 Schneiderman announced VNSNY Choice would have to repay $33.6 million in improper Medicaid billings linked to social adult day care centers. In August of this year he announced the arrest of four employees of the Northern Manor Adult Day Health Care Program due to improper services at the center.

Gotham Gazette contacted the New York State Department of Health (DOH) to find out what it has been doing to regulate social adult day care. The DOH would not issue an on-record comment, but did point to an audit that will be released soon: the DOH contracted with Island Peer Review Organization (IPRO) to perform a compliance audit. The results, which are complete and are currently being reviewed by DOH, are expected to be released within weeks according to Resnick, although the State DOH would not confirm a release date.

While the audit report could shed some light on issues at the centers, council members are ready to move forward with the legislation anyway.

"We want to move forward because once the report is out, what are you going to do with the report?" Council Member Chin said following the hearing. Gotham Gazette asked the State DOH what the plan would be following the release of the report, but no response was given before publication of this article.

Both Council Members Johnson and Chin believe the bill could pass committee within weeks and be eligible for a vote before the full Council. There are currently 15 sponsors on the bill.

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by Kristen Meriwether, Gotham Gazette
@MeriwetherK

The Gotham Gazette-WNYC 2014 Election Guide (use it here)

New York - There are elections on Tuesday in New York! This year's political contests are for offices at the state level and Primary Day is Tuesday, September 9. As is always the case in New York City, Democratic Primary winners are exceedingly likely to carry through the general and take or retake office - some will not even have an opponent come November or only a nominal one if any. There are many hotly-contested primary races to be aware of. Thus, it is essential to be prepared for Tuesday and, as always, Gotham Gazette is here to help.

After 2013's New York City elections saw massive turnover in elected office, largely due to term-limits, this year's state elections have no such promise, partly because there are no term limits at teh state level. That does not mean that there won't be turnover, but the odds are against much as incumbency in New York, as elsewhere, is a very strong predictor of success in elections. This is good news for incumbent Democrats in the statewide elected positions of Governor, Comptroller, and Attorney General - only one of whom is facing a primary opponent (all three will face general election competition) - as well as many state Senators and Assembly Members running for re-election (many of whom are also unopposed in the primary). There are, though, a number of intense primaries happening, including to fill vacant seats in the Legislature, and plenty to know leading up to Tuesday.

[Visit the Gotham Gazette-WNYC Election Guide to see who will be on your ballot, explore races, and more]

Will the true Democrats please stand up?
That is the name of the game in the most high profile of next week's Democratic Primary contests. The marquee matchups include no less than the most powerful position in the state - Governor - as well as seats that could very well determine control of the State Senate.

There are also contests for several vacant Assembly seats and one vacant Senate seat; two seats currently held by indicted legislators who are being challenged from within their party; and a number of seats held by incumbents who are not seeking re-election.

Incumbent Gov. Andrew Cuomo has weathered a season of attacks on his credentials as a progressive Democrat. From his support of the coalition that kept Republicans and a breakaway group of Democrats (the Independent Democratic Conference or IDC) in charge of the State Senate, his fiscal policies that have angered unions, his non-decision on hydraulic fracturing (or fracking) that has left environmental groups on pins and needles for his entire term, his education policies that alienated a variety of interested groups, and his failure to pass campaign finance reform, much of the Left is frustrated with Cuomo.

Its unclear, though, if Cuomo's most outspoken Democratic opponent, Fordham law professor Zephyr Teachout, will amount to anything more than an annoyance to him. Barring any major last-minute developments in U.S. Attorney Preet Bharara's investigation into Cuomo's handling of the Moreland Commission most experts think Cuomo will cruise to a primary victory over Teachout and political satirist Randy Credico.

[Gubernatorial candidate profiles]

Nevertheless, the biggest legislative primaries in the city appear to be referendums on Cuomo's moderate legislative allies in the Independent Democratic Conference. IDC head Sen. Jeff Klein and recent IDC convert Sen. Tony Avella face tough challenges from veteran progressives in former City Council Member Oliver Koppell and former Comptroller John Liu, respectively. Pundits wonder whether the progressive surge that lead Mayor Bill de Blasio to victory might also drive turnout for these challengers. The Avella-Liu race could be among the closest of all the primary contests.

Ironically, Cuomo, Klein, and Avella would be facing far more potent opposition had New York City Mayor Bill de Blasio not helped broker a deal between Cuomo and the Working Families Party (which had groomed Teachout, Koppell and Liu to run) that saw Cuomo win the WFP ballot line and the IDC promise to create a governing coalition with Senate Democrats - which promises to put Democrats in control of both houses of the Legislature. All three challengers would have had far more financial resources and the backing of the WFP if such a deal had not been realized. And yet, in the case of Klein and Avella, both face politically-skilled veterans who are well versed in marshalling turnout and winning office.

In both those State Senate contests as well as the others in the Senate and those in the Assembly for seats representing New York City districts (of which there are many competitive ones), the Democratic primary result is all-but-certain to carry through the November general. Votes on Tuesday's primary day among Democrats are likely to decide the shape of the New York State government moving forward.

[Watch 2014 debates from a variety of races that have occurred on several TV networks]

Governor
Teachout was the WFP's choice to challenge Cuomo if he didn't bow to its pressure to support a progressive agenda which includes passing the Women's Equality Act, campaign finance reform, The Dream ACT, and a minimum wage increase. After last-minute negotiations, Cuomo capitulated to the WFP during its convention via an awkward video message. The governor also pledged to work against the IDC - but a deal was cut shortly thereafter that took the IDC off the hook as well, promising that IDC members would form a governing coalition with mainline Democrats come next legislative session.

In a surprise to many, Teachout decided to carry on her challenge to Cuomo and has been outspoken, available to the press, and actively campaigning all over the state. Cuomo meanwhile has mostly ignored Teachout, not mentioning her by name, other than his campaign's challenges to her residency status and eligibility to be on the ballot (which Teachout won). Cuomo has relied on his incumbency - holding no official campaign events - and his significant campaign war chest, which has funded TV ads and mailers. Cuomo has declined several opportunities to debate Teachout and only really referred to her campaign publicly after being peppered with many questions on the subject by reporters.

Teachout has attacked Cuomo as a backroom dealer, concerned with power and bereft of actual political ideals. She has repeatedly slammed Cuomo for his alleged interference in the Moreland Commission on Public Corruption and criticized his policies as being more fitting of a Republican than a Democrat. She is running on a platform of campaign finance reform, a ban on fracking, full-funding of public schools, and other more traditional Democratic values, as she says.

Cuomo's supporters say he has been a commanding governor who has controlled the wild state legislature while passing on time budgets, fiscally responsible policies, and major legislative achievements such as same-sex marriage, increased gun regulation, a property tax cap, and a measure allowing casinos in upstate NY.

Randy Credico, who also ran for mayor of New York last year, has campaigned by taking shots at other campaigns on Twitter, smoking marijuana in public, filming police officers making arrests, and getting arrested himself. Credico calls for police, prison, and ethics reform, as well as the full legalization of marijuana.

[Gubernatorial candidate profiles]

The Cuomo campaign has been managing expectations as of late about how well Teachout might do. They have labeled her a "protest candidate" and indicated she could win up to 30 percent of the vote - which would be a striking number and potentially damaging for Cuomo as he heads into a general contest against Republican Rob Astorino and beyond. Teachout has earned surprising endorsements from The Public Employees Federation, The New York City chapter of the National Organization For Women, and The Nation, among others.

Cuomo's notable endorsements include union heavyweights 1199 SEIU and the New York Hotel Trades Council, Transit Workers United, The Daily News, The Buffalo News, The Stonewall Democrats, and The Empire State Pride Agenda - along with a wide swath of elected officials including Mayor de Blasio.

The New York Times announced a non-endorsement in the race, but strongly criticized Cuomo for "failure" on ethics reform.

Lieutenant Governor
Cuomo's choice for Lt. Gov. is former Congresswoman Kathy Hochul, who hopes to replace retiring LG Robert Duffy. Hochul has been the face of the Cuomo campaign for most of the summer, leading Cuomo's Women's Equality Party ballot line initiative and making many appearances with Democratic legislators. Pundits point out, however, that not many New Yorkers know who Hochul is and the ones that do might know her for her rather conservative record in Congress. Hochul has bragged of her record of voting against "Obamacare" and had a strong rating from the National Rifle Association.

She has also touted opposition to allowing non-citizen immigrants acquiring drivers' licenses. The Cuomo camp has some concerns that Teachout's running mate and Columbia University law professor Tim Wu could win an upset - Governor and Lieutenant Governor are separate ballot lines in the primary, but not the general. Wu has focused on ethics and campaign finance reform during the campaign, but he is known for coining the term "net neutrality" and has a strong following for his work in keeping the internet free of corporate control.

Lieutenant Governor is generally a powerless and thankless position - just ask Duffy, who says he is leaving the post because of back problems incurred driving across the state (which he was doing more-or-less in support of Cuomo's record). However, Wu has said he would treat the position as a statewide version of the city's Public Advocate office and critique the governor's policies and programs.

Wu has been endorsed by The New York Times, among other individuals and entities, while Hochul has the support of Mayor de Blasio, the Rochester Democrat and Chronicle, 1199 SEIU, and others who are supporting both she and Cuomo.

[Visit the Gotham Gazette-WNYC 2014 New York State Election Guide to see who will be on your ballot and explore races and candidates]

34th Senate District, Bronx/Westchester
Incumbent Sen. Jeff Klein has been the target of ire from many left-leaning activists throughout this year as Klein and his IDC allies gained powerful positions in the Legislature and precious resources by agreeing to partner with Senate Republicans. By doing so, activists said Klein killed any chances of passing meaningful minimum wage increases, The Dream Act, campaign finance reform, and the Women's Equality Agenda.

Those activists and Senate Democrats began courting former Council Member Oliver Koppell to challenge Klein as early as last fall. Months went by waiting for a poll to be done to gauge Koppell's chances. Koppell was promised financial support from activists and Senate Democrats and finally after months of equivocation Koppell agreed challenge a man who is known to be one of the best fundraisers in the state and one of its most powerful politicians. However, Koppell found himself abandoned by many of the very people who asked him to run after a deal was cut for the IDC to form a governing coalition with Democrats. Activists in the WFP and Citizens Action who at one time seethed with loathing for Klein tucked away their feelings and lent him their support.

The full details of the deal are unknown and insiders say they simply won't exist until after the November elections when it is clear how many seats the Democrats hold. Despite losing the support of Senate Democrats and the Working Families Party, Koppell has stayed in the race decrying what he says is Klein's naked ambition and lust for power that is free of political ideology.

Klein has countered that Koppell isn't a true progressive because he voted for an extension of term limits put forward by former Mayor Michael Bloomberg.

Interestingly enough, Klein won his Senate seat in 2004 in a primary against fellow Assembly Member Steve Kaufman, who pledged to caucus with Republicans if elected. Klein made the race about who was the true Democrat and Koppell endorsed Klein and campaigned for him.

Klein insists that he supports the Women's Equality Agenda, campaign finance reform, and the Dream Act, but blames Senate Democrats for being home to members who stand against those issues. Klein, however, is allies with Sen. Ruben Diaz, Sr., who is the most outspoken Democratic opponent of the Women's Equality Agenda, gay rights, and campaign finance reform. Klein also encouraged conservative Council Member Fernando Cabrera to challenge incumbent Democratic Sen. Gustavo Rivera. Rivera supports all of the aforementioned issues while Cabrera is vehemently opposed to the Women's Equality Act and has worked with Family Research Council, which has been labeled a "hate group" by the Southern Poverty Law Center for calling for gays and lesbians to be imprisoned.

As a leader in the Senate Klein has been able to bring home major resources to his district and has the support of most of his district's leading community and political groups and unions. He also enjoys the endorsements of Cuomo and de Blasio. Koppell, however, was endorsed by the New York Times. Koppell would enter the Senate as a freshman, but he told Gotham Gazette that if he wins he expects to be part of the Senate leadership. He also pledged to fund primary challenges to any member of the IDC that did not return to the Democratic Conference.

11th Senate District, Queens
Incumbent Sen. Tony Avella of the Independent Democrats faces former Comptroller John Liu in a heated contest that is a referendum on who is truer to progressive values. Avella suddenly abandoned the Democratic Conference this year and joined the IDC - a move he says was aimed at making sure that he had a seat at the decision-making table and an ability to bring resources to his district. The shift angered a number of activists and unions, though, and Liu's candidacy was initially fueled by that. The WFP initially endorsed Liu but decided to remain neutral after the IDC cut its deal. But, Liu has retained the support of a number of Senate Democrats, has drastically outraised Avella, and appeared to get the indirect blessing of the Cuomo camp thanks to comments made by Hochul during a joint appearance.

Liu's progressive bona fides were on full display during last year's mayoral contest, but his campaign was crippled by an investigation into its fundraising practices. Two of his campaign aides were convicted of illegal practices last year and the Campaign Finance Board refused to give Liu matching funds during the final months of the campaign. Liu has seemingly had no trouble, though, convincing constituents to donate to his 2014 campaign.

Avella has seized on questions about Liu's fundraising practices and has hammered away at what he calls the "dysfunctional" nature of the Senate Democrats. Avella has been endorsed by a number of environmental groups who note his strong commitment to relevant issues and steadfast opposition to hydraulic fracturing. He also was endorsed by de Blasio.

Liu's major endorsements include The New York Times and Teamster Council 16, along with many elected officials from Queens.

33rd Senate District, Bronx
Incumbent Sen. Gustavo Rivera faces a primary from City Council Member Fernando Cabrera in what appears to be a contest sparked by Klein's animosity for Rivera.

But Klein isn't the only one mad at Rivera. Rep. Charlie Rangel endorsed Cabrera despite the fact that Cabrera is an extreme social conservative who has praised Uganda's anti-gay laws and is associated with a hate group.

Rangel has all-but-admitted his endorsement stemmed from Rivera's backing of Sen. Adriano Espaillat in Espaillat's challenge to Rangel. Rivera has focused on health issues in the Bronx and prisoner reentry issues. Cabrera has ignored requests for interviews and has basically run a stealth campaign.

31st Senate District, Bronx/Manhattan
Incumbent Sen. Adriano Espaillat lost his second challenge to Rep. Charlie Rangel in June's congressional primary and now he has to defeat former Council Member Robert Jackson if he wants to keep his job. Espaillat has focused on immigration issues during his time in the Legislature. Jackson has focused on campaign finance and education issues and has attacked Espaillat for focusing more on his congressional bid than his senate position, as well as for Espaillat's poor attendance record in Albany. Luis Tejada is also running to unseat Jackson.

[Watch a debate between Jackson and Tejada that Espaillat opted not to participate in]

14th Senate District, Queens
Incumbent Sen. Malcolm Smith was indicted on charges that he tried to bribe his way onto the Republican ticket for mayor last year, but that hasn't stopped him from running for re-election. He faces strong competition from former City Council Member and Deputy Queens Borough President Leroy Comrie. Munir Avery is also seeking to unseat Smith.

[Explore all of our Races to Watch]

19th Senate District, Brooklyn
Incumbent Sen. John Sampson went from being the head of the Democratic Conference to being indicted for embezzlement, but he still wants to keep his seat. The leading candidate to unseat Sampson is Dell Smitherman of 1199 SEIU. Smitherman has been endorsed by both Gov. Cuomo and Mayor de Blasio, among many others. Other candidates include Sean Henry, who has worked on homelessness issues for the City and served in the armed forces, as well as civic activist Elias Weir.

20th Senate District, Brooklyn
Not to be overlooked, the 20th Senate District seat is the lone New York City-based vacancy in the State Senate. This contest is for the seat formerly held by Brooklyn Borough President Eric Adams and features two strong candidates, each with a great deal of backing: Rubain Dorancy and Jesse Hamilton. Hamilton is Adams' hand-picked successor and has support from several other elected officials and organizations, while Dorancy is being supported by Mayor Bill de Blasio, among others many others. Guillermo Philpots is also on the ballot.

[Visit the Gotham Gazette-WNYC Election Guide to see who will be on your ballot, explore races, and more]

76th Assembly District, Manhattan
Four strong Democratic candidates are vying to replace Assembly Member Micah Kellner, who is not seeking re-election after a scandal-plagued final term. Rebecca Seawright has earned the large majority of support from elected officials, unions, and advocacy groups who have endorsed in this race, while Gus Christenson has been endorsed by the New York Times and other groups himself.

[Watch a debate with all four candidates participating]

79th Assembly District, Bronx
In another race to fill an empty seat where the former legislator had to leave office due to corruption, several Democratic candidates seek to head to Albany to represent one of the most poverty-stricken areas in the country. The district is also home to extremely low voter turnout historically, so it is unclear how many (or few) votes it will take to win this race. Marsha Michael has received the backing of much of the Democratic establishment, while Michael Blake has been backed by several unions, including 1199 SEIU, and advocacy groups.

54th Assembly District, Brooklyn
Rafael Espinal vacated this seat when he won his race for City Council last year. His former opponent Kimberly Council is vying to replace him against his ally Erik Martin Dilan, a former Council Member. Espinal is a protege of Sen. Martin Dilan and former Assembly Member Vito Lopez.

55th Assembly District, Brooklyn
Seven Democrats are vying to replace former Assemblyman William Boyland who was convicted of extortion and bribery this spring after successfully beating other charges during his time in the legislature. Lori Boozer is racking up many endorsements in the race, which could be won with quite a low vote total because of limited turnout and the high number of candidates running.

Assembly District 60, Brooklyn
Vacated by Inez Barron after her successful run for City Council this seat is now being contested by her husband and former Council Member Charles Barron and his opponent Christopher Banks, who lost to Inez Barron in two previous elections, one for Assembly and one for City Council.

[Explore all of our Races to Watch]

[Watch 2014 debates from a variety of races that have occurred on several TV networks]

Contamination in the Gowanus

On August 13th, New York State witnessed the greatest 24-hour rainfall, 13.27 inches, in its recorded history. The state record – last set in 2011 - was broken in West Islip, Long Island, fewer than 30 miles from the Queens border.

A flash flood watch went in effect throughout New York City, and beaches in Brooklyn and Staten Island were closed to swimmers the following day. The heavy rain had overloaded sewer mains, necessitating the release of untreated sewage directly into local waterways.

If the City's climate scientists are right, New York will steadily become a wetter city, subject to more frequent and intense rainfall - and thus, more overloaded sewers and water-related health risks.

And at the very same time that New York's climate is shifting, the City is engaged in what will be a decades-long effort to address a long-standing problem: the need to capture stormwater before it overwhelms sewers and treatment plants, triggering the release of untreated sewage into Jamaica Bay, the Bronx River, and other waterways.

Average annual precipitation currently ranges between 43 and 50 inches in New York City, depending on location. The New York City Panel on Climate Change notes that, between 1900 and 2011, precipitation in Central Park increased about .7 inches every decade.

And perhaps more importantly, in its Climate Risk Information 2013 report, the Panel adds that "larger percentage increases are expected in the frequency, intensity and duration of extreme precipitation." The Panel defines an extreme precipitation event as one with more than 1 inch of rain.

Today, as little as a quarter-inch of rain can overwhelm municipal sewers. The end result of extreme - and not so extreme - weather is ongoing contamination of our local environment. Almost 30 billion gallons of raw sewage and polluted stormwater are discharged annually from over four-hundred combined sewage overflows (CSOs) into New York City's waterways.

The scale of the problem that the City is trying to solve is "huge," said Larry Levine, a senior attorney with the Natural Resources Defense Council's water program.

An Over-Taxed Wastewater System
Climate change adds a further layer of complication to what has already been a pressing problem for New York City: stormwater management.

The de Blasio administration is working to address two parallel issues. First, large sections of the city rely on what is now considered an outmoded sewer system.

[A second, entirely separate issue is the fact that areas of the city like Staten Island's east shore and sections of eastern Queens do not even have proper storm drains. These communities were developed on an "ad-hoc basis", often in low-lying, marshy areas. Neighborhoods like New Dorp Beach and South Beach on Staten Island, which were devastated by Superstorm Sandy, are now racing against time to put stormwater infrastructure into place.]

Much of the city, however, relies on what is known as a combined sewer system. Household and industrial wastewater, rainwater, and street runoff are all collected in the same sewers and then conveyed together to the City's treatment plants. Approximately 70 percent of New York's sewers are combined says the City.

New York City's 14 wastewater treatment plants together treat 1.3 billion gallons of wastewater daily. The City says it is able to remove about 85% to 95% of pollutants from wastewater before it is disinfected with chlorine and then discharged back into local waterways.

But during heavy rains or snow, combined sewers can fill to capacity and are then unable to carry household and storm sewage to treatment plants. The mix of excess storm water and untreated sewage must be released directly into the city's waterways.

[Find the CSO release site closest to you]

Major Improvement but Water Quality "Failures" Persist
There are two equally valid stories to be told about the quality of New York City's waterways, which is heavily impacted by stormwater management.

On the one hand, water quality has improved significantly; to the point where swimmers, kayakers, and other recreators are seen with greater frequency in more and more sections along the city's coastline. Wildlife has also responded to improvements in local water quality.

Indeed, New York City residents might be surprised to see the results of a recent six-year study which looked at 15 Hudson River estuary sites in the five boroughs. The majority of samples collected from sites like the Dyckman Street Beach in the Bronx, the Pier 96 Kayak Launch, and the Battery found that the water was safe for swimming.

The study, carried out by Hudson Riverkeeper, in conjunction with CUNY Queens College and Columbia University's Lamont Doherty Earth Observatory, actually collected data from 74 estuary locations between New York Harbor and Waterford, Saratoga County.

Nonetheless, the other story is that one-quarter of the water samples collected from the 15 New York City estuary sites failed U.S. Environmental Protection Agency "safe swim guidelines" for fecal contamination.

Perhaps more telling, the percentage of failing New York City samples jumped from ten percent in dry weather to thirty-five percent after wet weather. Wet weather was defined as at least one-quarter inch of cumulative rainfall in the preceding three days.

The entire state is facing similar issues. Last year, New York ranked 20th in beach water quality out of thirty states, the Natural Resources Defense Council found. Thirteen percent of samples collected at local beaches throughout the state exceeded EPA "safe swim" bacterial levels.

Combined sewage overflow (CSO) releases are seen as a primary culprit in local waterway fecal contamination.

Toxic Releases and Their Impact
Untreated human waste, and the pathogenic bacteria and viruses that come with it, is the most well known component of CSO discharges. The most common illness associated with swimming in sewage-polluted water is gastroenteritis, says the EPA.

Gastroenteritis occurs in a variety of forms that can have one or more of the following symptoms: nausea, vomiting, stomachache, diarrhea, headache or fever. Children, the elderly and people with weakened immune systems are most at risk.

Swimmers and others who cross paths with a CSO release can encounter debris flushed down toilets (syringes, tampon applicators, etc.) and trash washed off city streets. Any substance on city streets, or poured down storm drains, can end up in a CSO.

Riverkeeper's website provides a disturbing list of compounds that have been found in CSOs: ammonia; pesticides; petroleum products (from gas stations and auto repair shops); toxic metals; and other hazardous substances like paints, oils, solvents and cleaners.

CSO discharges can also damage local ecosystems because their elevated nutrient content can combine with hot weather to create dangerous toxic algae blooms. These blooms are extremely hazardous to humans and animals, and can create "dead zones" in local waterways.

Similarly, CSO releases containing food waste, and dead plant and animal tissue, deplete oxygen needed by fish and plant life to survive.

Trouble in the Gowanus
CSO releases into the Gowanus Canal in Brooklyn have been documented for years by local residents who say that the canal becomes "one huge toilet" after a major rainfall.

"Last night's [July 2nd, 2014] heavy rain caused another Combined Sewer Overflow event," wrote neighborhood resident and local blogger Katia Kelly.

"By 11 PM, much of the waterway was covered with raw sewage. The smell was unbelievable...It is unfathomable to think that the new residents of the 700 unit Lightstone Group Project at the shores of the canal will have to deal with this every time it rains heavily."

In the aftermath of the July 2 storm, and following other major downpours, residents in the nearby Gowanus Houses public housing development have also reported that raw sewage backs up into their kitchen sinks.

One of those residents happens to work for local City Council Member Steve Levin. Levin said that he had spoken with the City's Department of Environmental Protection and the Housing Authority about the back-ups. "It's hard to say what's going on," he stated, but added that he believed the back-ups were caused by "some combination" of the CSO releases into the canal, and plumbing issues within the development itself.

Levin stressed that NYCHA had been very responsive in dealing with similar issues at other developments in the area. He also noted that long-term clean-up plans for the Gowanus Canal included "sewage holding tanks" that would help to control the releases.

"We would like to see as much of an effort as possible," Levin said, "to determine what's going on in the intervening years before all of the [sewage management] infrastructure is implemented." He said it would be "helpful" if DEP could examine all of the existing infrastructure in the surrounding area and "make sure that everything is in good repair."

Neither the DEP nor the state Department of Environmental Conservation would respond to questions for this story about CSO releases into the Gowanus Canal, or sewage back-ups at the Gowanus Houses.

***To read the rest of this article, including sections The Public's Right to Know;
The City and State Face Off on Water Quality Standards;
and 'Green Infrastructure' Will Be Key, visit New York Environment Report***

***
by Sarah Crean, New York Environment Report

@NYEnvironment

@GothamGazette

New York City Hall

Summer's over; time to get serious again. Here's what to watch for this week in New York politics:

After a Labor Day spent parading in Brooklyn, New York politicians return this week to governing and running for office, with plenty of attention being paid to the state primary elections set for a week from Tuesday. And, both the regular New York City school year and Fashion Week kick off on Thursday. Lots more:

The New York City Council resumes more regular business after it's typically slowed-down July and August: council committee meetings get going in earnest again on Wednesday and the Council will have two full-body Stated meetings this month (on 9/10 and 9/23). There will be much anticipation this week for the hearing the Council is set to have on Monday, 9/8, aimed "to learn more about the New York City Police Department's review of current police department training and its plans to enhance officer trainings. The NYPD's decision to evaluate current training procedures was a result of the incident that took place in Staten Island with Eric Garner," according to a release from Council Speaker Melissa Mark-Viverito's office.

On Tuesday morning, Mayor Bill de Blasio will "host a press conference in the Bronx to make an announcement related to traffic safety." The presser is set for 9:30 a.m. in front of P.S. 95 - which is, of course, a school - and this week marks the first day of classes for almost all of the city's schools on Thursday, including lots of expanded pre-kindergarten. The roll-out of de Blasio's signature initiative will be watched quite closely, especially in light of revelations from last week that the Department of Education (DOE) has not submitted the bulk of pre-k provider contracts to City Comptroller Scott Stringer for review. While this has been chalked up to standard practice by many, watchers are on high alert as so many new facilities, teachers, and students begin their pre-k work. School registration, including for pre-k, is ongoing!

While there's plenty else to look for this week in terms of city-focused issues, including Tuesday's release of the New York City Campaign Finance Board's "2013 Post-Election Report," the eyes of New York politics watchers will be highly focused on the final days before the September 9 state primary elections: 

Elections approaching
Tuesday marks one week until primary day for the 2014 New York State elections. Get caught up or continue to prepare using our Elections Center, which includes our debates tracker, where we're aggregating video and audio of debates as well as print coverage - and we list upcoming debates in this final week. Debates include those The Manhattan Neighborhood Network's "Represent NYC" began airing hosted by either our Ben Max or Marlene Peralta of El Diario. You can also catch debates for Bronx-based seats on BronxTalk (including a debate in the 79th Assembly District race airing Monday night at 9) and NY1 continues hosting debates on Inside City Hall this week. Details and lots of links here.

Nowhere in our debate listing will you see anything for the Democratic primary races between Gov. Andrew Cuomo and challengers Zephyr Teachout and Randy Credico or Cuomo's running mate Kathy Hochul and her opponent Tim Wu. Cuomo and Hochul have opted not to accept invitations to debate leading up to the primary. Interestingly, Teachout and Republican Rob Astorino are set to engage in a debate on Thursday's Brian Lehrer Show on WNYC radio.

Keep in mind, in almost every race that affects New York City voters, the primary is the key. In this overhwhelmingly Democratic city, there are few strong Republican or third-party challengers awaiting Democratic primary winners. There are, though many competitive Democratic primaries.

Here's a bit more to watch for day-by-day this week:

Tuesday
As we mentioned, Tuesday marks just one week until primary day! Get up to speed on the 2014 New York State elections through our Gotham Gazette Election Center.

In addition to the also-aforementioned de Blasio announcement in the Bronx and release of the CFB's post-election report, Tuesday includes candidate debates (including one in the 72nd Assembly District race) and more.

Look for a new Quinnipiac University poll on Tuesday at 10 a.m. that focuses on issues such as Airbnb, the DNC coming to NYC in 2016, and more.

On Tuesday at noon, Manhattan Borough President Gale Brewer is set to attend the "Downtown Alliance/LMDC opening of a temporary plaza 1 block from the 9/11 Memorial and Museum at Albany and Greenwich Streets."

Also on Tuesday, Queens elected officials will visit the "only pre-K in Queens to Receive State UPK Funds." State Senator Stavisky and City Council Member Dromm wil visit Emilia's Kids in Elmhurst and "recognize the center's staff for their exemplary service and call for more UPK funding for Queens, especially in neighborhoods with significant populations of students who are English Language Learners." 

Wednesday
The City Council swings back into action on Wednesday with several meetings: Subcommittee on Zoning and Franchises 9:30 a.m.; Committee on Transportation 10 a.m.; Subcommittee on Landmarks, Public Siting and Maritime Uses 11 a.m.; Subcommittee on Planning, Dispositions and Concessions 1 p.m.

Wednesday was set to be the day for the first court hearing in Davids v. New York, a lawsuit challenging New York's teacher tenure laws, but the judge has recused himself.

There will be candidate debates, including one on NY1 between the 20th State Senate District candidates, one in Queens between candidates for the 14th State Senate District, and one airing on BronxTalk between candidates for the 77th Assembly District seat.

There's a forum on Wednesday at Pace University looking at upcoming issues related to New York's energy and environment. "Beyond Gridlock: State Leadership on Energy and Environmental Issues will feature a panel of leaders in the energy and environment community. New York State Attorney General Eric T. Schneiderman - the highest ranking law enforcement officer in the state - will deliver the keynote address."

On Wednesday, Council Member Laurie Cumbo "will host extended office hours with pre-k enrollment experts" at 1 Hanson Place in Brooklyn.

State Sen. Jeff Klein and the Bronx Chamber of Commerce are hosting a jobs fair on Wednesday from 4-7 p.m. at Hutchinson Metro Center.

On Wednesday evening, Mayor de Blasio will host an event to kick off Fashion Week, according to Women's Wear Daily, courtesy of Capital New York: "De Blasio will welcome the Council of Fashion Designers of America to Gracie Mansion on Wednesday night for a cocktail party to launch Fashion Week...Whether de Blasio plans to unveil any fashion-related initiatives next week remains to be seen."

And, NYCLASS will protest a Fashion Week event on Wednesday, "Animal cruelty is never in style, and horse carriages are so 1814. A local designer is planning to parade models around in horse carriages on a "runway" in the middle of dangerous city traffic. Please join us for a peaceful protest. September 03, 2014 at 5:30pm - 7:30pm Outside NY Athletic Club, 180 Central Park S." 

Also Wednesday evening: "BetaTalk - The future of New York State's Open Government." According to the event listing, "This fall, New Yorkers will vote for who will represent them in the Governor office, Lt. Gov, and Comptroller; at the federal level, US Senate and Congressional seats. For those of you who find these campaign hard to monitor, you are not alone. For this Wed, we will feature advocates who are working to improve the future of Open Government in our State House. Our friends at Reinvent Albany will walk us though several of theirreports and outline the transparency issues at stake."

Thursday
The City Council's Thursday includes the following meetings: Committee on Aging 10 a.m.; Committee on Health 10 a.m.; Committee on Land Use 11 a.m.; Committee on Environmental Protection 1 p.m.

Thursday will see more candidate debates, including Astorino-Teachout debate on The Brian Lehrer Show, a forum with candidates vying for the 55th Assembly District seat in Brooklyn, a forum in the Bronx for candidates in the 79th Assembly District, and candidates for the 31st Sendate District on NY1's Inside City Hall.

Teachout will hold an education rally on Thursday on Long Island (to be followed by one on Friday in Manhattan): "A large rally for education that highlights how Andrew Cuomo's policies have hurt our students. Speakers will touch on testing, APPR, and Common Core." Including Teachout and "Long Island leaders, including: Kevin Glynn of Lace to the Top, Jeanette Deutermann of Long Island Opt Out, Beth Dimino of Port Jefferson Station Teachers Association, Tom Dolan, superintendent of Great Neck Schools, and Carol Burris, high school principal and author of "On the Same Track."" 4:30 p.m. at H Lee Dennison Bldg., 100 Veterans Hwy, Hauppauge, NY. (Don't forget, everything we list in this preview is subject to change!)

At 8 p.m. on Thursday, Green Party gubernatorial candidate Howie Hawkins will hold a conference call on climate change.

And, as we mentioned, Thursday is both the first official day of school for most New York City public schools and the first day of Fashion Week.

The NYC DOE has ten registration centers for new and re-entering students in case pupils are still looking to register. These centers will be open from 8/27-9/12, in all 5 boroughs, 8 a.m. to 3 p.m. 

Soon (but not this week): open houses at all NYC public schools as the DOE looks to fulfill promises of more and better parental engagement.

Friday and the weekend
You can bet Friday and the weekend (and into Monday and Tuesday) will be filled with get-out-the-vote efforts for candidates and their campaigns seeking to secure victory in Tuesday, September 9's primary elections. Watch out for those door-knockers.

But first: catch a "CityLaw Breakfast with Carl Weisbrod, Chair of the NYC City Planning Commission" on Friday morning at New York Law School.

Friday will also see the Teachout campaign's Manhattan education event.

Also on Friday, "360 Degree Communications and the Pay 2 Play team are excited to announce the dynamic new film about the corrupting influence of money in politics, Pay 2 Play is releasing in New York on September 5. The film is coming off a spectacular premiere in Los Angeles, where a variety of groups, organizations, and like minded individuals engaged in a lively screening and post screening discussion to a sold out crowd!"

Council Member Mark Treyger "is hosting a ceremony at the Coney Island Parachute Jump to have it light gold in support of Childhood Cancer Awareness. This is part of a major initiative called the Gold World Project. It is open to the entire public and press." Friday at 7 p.m., off boadwalk at 16th street.

On Saturday September 6, there will be a "Citizenship Now! Application Assistance Event with Council Member Laurie A. Cumbo, New Americans Campaign and NALEO (Brooklyn)."

And on Saturday, Council Member Stephen Levin will host a 'Councilman on the Corner' event at the McCarren Park Farmer's Market.

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? Email 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 Kristen Meriwether, Katrina Shakarian, and Ben Max in New York City and David King in Albany
@GothamGazette

Council Member I. Daneek Miller (photo: William Alatriste)

Freshman New York City Council Member I. Daneek Miller began his work in civil service over 30 years ago and was president of a local transportation workers union as recently as last year. Today, he is eight months into his term on the Council and, fittingly, chairs its Committee on Civil Service and Labor.

Though he came into office with less fanfare than some of his colleagues, Miller was thrust into the spotlight as his committee ushered through the first major initiative of the new administrations of Mayor Bill de Blasio and Council Speaker Melissa Mark-Viverito: an expansion of the paid sick leave law passed in 2013. As he explained in a recent interview with Gotham Gazette, things have not slowed down for Miller since. Embracing his role as chair, Miller discussed his committee having dealt with several other key labor-related issues, such as a fairly high-profile examination of conditions for employees working in reality TV, and set its sights on others in the coming months.

"I've taken the paid sick leave legislation as a learning curve and now that's the bar," Miller said over the phone.

Representing the 27th council district in Queens, which includes Queens Village, Jamaica, and Springfield Gardens, Miller calls himself a life-long community and labor activist. He most recently served as President of the Amalgamated Transit Union (ATU) Local 1056, where he advocated for transportation workers on the full spectrum of issues. During his tenure he brokered the collective bargaining agreement that restored bus service to his neighborhood in Southeast Queens and as a newly elected council member he has been hands-on in Hurricane Sandy recovery, he said.

"I come from labor, and if I have to roll up my sleeves and clean it up myself then that's what I'll do," Miller said of his activism at a York College journalism event this spring.

Now as committee chair, Miller doesn't feel like he's changed hats much at all. "We always talked about building a labor movement, and this is an extension," he said. Though serving on the Council is "pretty intense, far more intense," he added.

The Committee on Civil Service and Labor is responsible for legislation and oversight on relevant issues such as workers' compensation, protecting collective bargaining (like those for car wash workers), and ensuring equal employment opportunities.

It is charged with oversight of "Municipal Officers and Employees, the Office of Labor Relations, the Office of Collective Bargaining, the Office of Labor Services, and the Municipal Pension and Retirement Systems," according to the Council website.

As a former union president, these are all issues Miller is familiar with and why it made sense for him to pursue chairing the committee and for Speaker Melissa Mark-Viverito to appoint him as such, he said. "It has helped having an internal understanding of the nuts and bolts of what makes things run [regarding labor]," Miller said.

Miller is one of many examples of council committee chairs who appear especially qualified to lead their respective committees - and who have extensive union ties. As with Miller, there can be questions about elected officials legislating, negotiating, or holding oversight hearings on issues they have such distinct experience with.

As he tells it, Miller has made an effort to up the labor committee's productivity by consistently holding hearings, he said, particularly on insufficient compensation and what many have come to call "wage theft."

In June, Miller's labor committee hosted a hearing on the reality TV industry, which heard testimony from production workers protesting what they, and Miller, identify as unfairly low wages and unpaid overtime. The hearing grabbed substantial attention from the national media and Hollywood, shedding light on the committee and its progressive push under Miller.

"Labor 101 is always investigate the grievance, and that has served me well," Miller explained about, in this case, working to do away with the practice of allowing "per diem workers," or workers that are picked up to do a certain job, to be employed extensively alongside union workers.

"That's a problem because it creates an underbelly of low-wage workers," Miller said at York College. "We have a threshold here of prevailing wage that the industry should be paying, and now someone comes in and says 'Eh, well you don't have to pay everybody that.'"

Per diem workers lack the wage protections and collective bargaining rights of unionized labor, driving down the market rate wage for work. The practice makes unionized workers less valuable to companies when they can get work done for less.

Speaking with Gotham Gazette, Miller also named employee protection for school bus industry workers as a top priority.

We're putting our children, "our most precious cargo," at risk if we continue to treat school bus drivers, mechanics, and other workers in the industry unfairly, he said. This priority is shared by many fellow council members and Mayor de Blasio, leading to recently-passed legislation allowing for increased pay from the City to privately-employed school bus drivers.

Standing up for workers and working families has always been important to Miller; it's where he got his start.

"I really cut my teeth as part of the NYC Union Child Care Coalition - being a single parent, raising children," Miller said at York College.

"Fact of the matter is, I learned more about organizing, building coalitions, and really as much as I know about what we're doing today [in the Council and the committee] from that group of women and that organization more than two decades ago."

Citing the expanded resources allocated to his committee under the leadership of Speaker Mark-Viverito, Miller said he's excited about the opportunities he has as committee chair to improve the lives of working people.

"Greater challenges dictate the need for greater resources," he said, "I'm confident that this is a really good time to be a part of government here in City Hall."

***
by Nicola Licata for Gotham Gazette
@GothamGazette

Samaritan Village Veterans' Program Color Guard (nycourts.gov)

BROOKLYN—Courtroom 1928 on the 19th floor of the New York State Unified Court System building in Brooklyn is not your average courtroom. On Fridays the walls are lined with military posters from past and present generations. On State Supreme Court Judge Michael Brennan's bench sits a small red United States Marines flag alongside an American flag, paying homage to his past military service.

Brennan's courtroom houses Veterans Treatment Court, a drug treatment court with programs specially designed to provide services and mentoring for military veterans. It is a place where respect is given, honor restored, and justice served.

When a participant graduates from each phase of veterans treatment court, Judge Brennan comes off the bench and salutes, then gives a certificate.

"I get into the military culture with them," Brennan said in a recent interview. "I know everyone did basic training somewhere."

On August 1, the four wooden pews of courtroom 1928 were packed, but it wasn't a verdict everyone was awaiting. Nine military veterans were being sworn in as new mentors. Their mission: to help veterans through the court's substance abuse program by offering peer support only a fellow veteran can offer.

During the ceremony, a judge called up a retired Vietnam Era veteran, who we'll call James. James had served in the Army from 1969 to 1972. He stood up from his seat in the back row and began to walk toward the judge. Tears filled his eyes and began to stream down his face faster than he could wipe them away. It was graduation day for him after 15 months in treatment; he was clean and sober, the transgressions of an ill-fated night finally behind him.

"This was my first time I have ever been in something like this," James said during an interview following his court proceeding. "I realized when you are naive and get into certain things, it is easy to get into trouble—and so hard to get out."

James, who lives on Long Island, was lucky he was arrested in Brooklyn. Had he been taken into custody in Manhattan or Staten Island, he would not have been given the same opportunities veterans get in Brooklyn, Queens, and the Bronx.

Manhattan and Staten Island are the only two boroughs without veterans treatment courts, although Staten Island has one in the works. Despite the success of the veteran treatment court programs in the other boroughs, the expansion of veterans treatment courts all over the country, and federally-funded grants to help start programs, Manhattan currently has no plans to add a veterans treatment court to its drug court system.

Buffalo Beginning
Nationally, Veterans Treatment Courts began in Buffalo in Judge Robert Russell, Jr.'s courtroom in January of 2008. Judge Russell had seen first-hand how helpful a military mentor was to a veteran in his courtroom and decided to create a program designed specifically for veterans. It allowed Russell to tap into the military culture instilled in the those who serve and harness the camaraderie of service members.

As Judge Russell's program began to gain notoriety, a Vietnam Era veteran named Cesar showed up in front of Judge Jo Ann Ferdinand in Brooklyn Drug Treatment Court. She sentenced him to a treatment program, where he did well at first, but left the program before completing it and wound up back in jail.

Cesar told his case manager he was a Vietnam veteran and Judge Ferdinand sent him to a treatment program designed for military veterans. He began to do well in the program and one week he appeared before her and asked for permission to take a trip to Washington D.C. to visit the Vietnam Veterans War Memorial Wall.

She granted permission and as Cesar turned to exit the courtroom, Judge Ferdinand heard him mutter, "Maybe this time I will get up to the wall." She asked if he had been before, to which he replied, "yes, many times."

Naively thinking it was just a simple logistical problem, she asked, "You weren't able to walk to the wall?"

"I couldn't face seeing the names of my buddies," Cesar said.

His answer shook the Judge.

"The war was 30 years ago and he is still carrying those invisible wounds—and they are effecting his behavior today," Judge Ferdinand said in a recent interview.

Shortly after her experience with Cesar, she arranged a trip to Buffalo and visited with Judge Russell to see how his program worked. That visit got the ball rolling on what was the first Veterans Treatment Court in New York City, which opened in Brooklyn in January of 2009. Judge Ferdinand enlisted Judge Brennan, himself a retired marine, to preside over the court (Judge Ferdinand sees veterans with DWIs in her courtroom).

The program is not for every veteran arrested in Brooklyn. Since April 2012 (the farthest back records were available) Brooklyn Veterans Treatment Court has had a total of 44 participants, 10 of whom have graduated (some are still in the program). In 2013, a total of 1,410 defendants in Brooklyn checked "have you ever served in the military" on their arrest intake form, according to stats provided by the New York State Unified Court System.

To get into the program, participants plead guilty and have to agree to seek treatment for their addiction. Instead of leaving the defendant to find treatment themselves, Brooklyn Veterans Treatment Court (BVTC) pairs them with veteran-friendly treatment facilities. If they follow the course of treatment their guilty plea is withdrawn and their record is sealed. In addition, BVTC assigns a veteran justice outreach (VJO) specialist to help veterans navigate the federal Veterans Administration (VA) to ensure they receive any and all benefits they are entitled to.

The biggest advantage of a veterans treatment court versus a traditional drug treatment court is the veteran mentor program. The strictly volunteer position is considered a "keystone" to the veterans treatment court program. The mentors are veterans, but don't necessarily need to be in recovery themselves. Mentors are not designed to be another authority figure, but as a brother or sister—akin to fellow service members in the military.

James spoke with his mentor early in his treatment when he was having trouble adjusting to the group discussions. They formed a bond that proved valuable months later when he failed a urine test. James claims he had not used, and believes his urine was switched at the VA where the monitoring is less strict than at BVTC. It was his only failed test, so instead of throwing him in jail, Judge Brennan decided to extend his treatment by three months. James said his mentor helped him accept his punishment and look to completing the task instead of dwelling on being wronged.

"If we can't take care of those who [put on a uniform] then we are failing," Judge Brennan said.

Missing in Manhattan
In the short time since Judge Russell began his veterans treatment court in Buffalo, the program has caught on, spreading not just in New York, but nationally. As of July 28, 2014, the latest data available, there are 197 veteran treatment courts nationwide, according to Justice for Vets.

But Manhattan does not have a dedicated veterans treatment court. The Midtown Manhattan Court has programs tailored to veterans, but only handles misdemeanors and does not have a mentor program. Manhattan Mental Health Court handles felony cases, but to be accepted into the treatment program, a veteran would have to be diagnosed with a mental illness first. The treatment would then go through the VA, where the veteran could be paired with a mentor if it is offered at a particular treatment facility. For veterans that are not eligible for benefits with the VA (due to dishonorable discharge, for example), the Manhattan courts will refer them to veteran community organizations.

The lack of a formal veterans treatment court lies in staffing and funding, according to Valerie Raine, acting statewide drug court coordinator for New York's Unified Court System. Raine has spent 18 years working in the drug courts, including most recently being the director of drug treatment projects at the Center for Court Innovation.

"It is not that they don't want to or haven't talked about it but...the bottom line is they have staffing issues," she said of Manhattan Court in a recent interview. "It probably will happen, but they just don't have the resources to actively plan right now."

Raine pointed to the recent reforms made to the so-called Rockefeller Drug Laws. The April 2009 changes, signed by then-Governor David Paterson, eased the sentencing for drug offenders and greatly expanded eligibility for drug treatment in lieu of jail.

The reforms were applauded, but did not come with an increase in staffing for the courts. In fact, due in large part to the recession, budget cuts at both the federal and state level resulted in substantial layoffs in 2011.

Even with the cuts, boroughs were able to follow Brooklyn's lead, start and maintain veteran treatment courts: Queens opened its in 2010, and the Bronx in the fall of 2013. Both were able to get programs started with federal grants.

The Bureau of Justice Assistance (BJA) began issuing grants to help pay for training and staffing to start veterans treatment court programs. In (federal) fiscal year 2013, BJA issued $2.5 million in grants specifically designated to implement veteran treatment courts around the country. That was up from just over $1 million the previous fiscal year and $199,990 in fiscal year 2009 when it issued the first grant to Buffalo.

Despite the uptick in available grants and the support of Veterans Justice Outreach agency, the District Attorney's Office, the defense bar, and some community programs, Manhattan has yet to apply.

"There has been significant work done to prepare for applying for the Veterans Treatment Court Planning Initiative (VTCPI)," David Bookstaver, spokesperson for New York Unified Courts, said by email. "The Manhattan Treatment Court may very well apply to participate in the VTCPI. But due to current operational concerns, they have not done so yet."

Bookstaver did not return two follow-up emails when asked to elaborate on what he meant by "operational concerns."

Funding would provide a push start for a program in Manhattan, but according to Raine, that may not be enough. She said due to the 2011 funding cuts, there is concern about applying for grants that would support new staff positions.

"When times were better, you could pretty much count on when the grant funds ran out—assuming the program did well—the court would assume the continuation of that position," Raine said. "But that is no longer a guarantee. Funding is never in perpetuity."

While the Manhattan Court system continues to consider if and how it will begin a veterans treatment court, there continues to be no shortage of need. The day prior to her interview with Gotham Gazette, Judge Ferdinand said she received a call from a lawyer who was representing a veteran who had been arrested in Manhattan. With no options for her client in Manhattan she called Ferdinand to see if she could take the case. Since the offense happened in Manhattan, there was nothing she could do.

"When you think about what people did in military service, certainly those are people you don't want to just ignore and forget," Judge Ferdinand said. "If you restore them to full health, you have really made a great impact on all of us."

***
by Kristen Meriwether, Gotham Gazette
@MeriwetherK

Wi-Fi is coming to all NYC payphones, date: TBD (photo: digitalsignageuniverse.typepad.com)

The idea of turning New York City payphones into Wi-Fi hotspots seems to be generally well received by the public, members of which look forward to more free Wi-Fi access in all five boroughs. But as the City gets closer to deciding which company will be awarded the franchise to provide that service, questions regarding the process are quietly beginning to bubble to the surface.

On August 13, Public Advocate Letitia James became the latest elected official to pen a letter to Mayor Bill de Blasio recommending he review the RFP process. City Council Member James Vacca, who chairs the council technology committee, submitted his own letter on August 1 and Council Member Mark Weprin submitted a letter signed by 24 of his fellow council members on July 29 (an additional four council members later signed on, bringing the total to 28).

These elected officials claim that by only picking one winning bidder for the franchise, the Department of Information Technology and Telecommunications (DoITT), the agency tasked with issuing the RFP and awarding the contract, is creating a telecommunications monopoly. DoITT argues it is not a monopoly because it is a non-exclusive contract. Companies can team up in their bid and the City has the right to add an additional franchisee at any point.

In addition, electeds claim that the de Blasio administration circumvented the Council by not going to them for a new authorizing resolution (AR), something required of all franchise agreements. DoITT has met this criteria by choosing to use two existing ARs instead of going to the Council for a new one. The electeds argue the existing ARs don't allow for monopolies, something DoITT claims is not being allowed.

"The de Blasio Administration is committed to equitably expanding access to free WiFi, and this RFP allows us to do so by inviting innovative proposals to replace largely unused, old payphone infrastructure with new public communications structures," Nicholas Sbordone, a spokesman for DoITT, said by email. "We look forward to our continued collaboration with the Council to expand free broadband to New Yorkers all across the five boroughs."

DoITT argues it is technically playing within the law, although it remains to be seen if its interpretation of the laws will hold up in court if they are sued by a non-winning bidder. The City took a calculated risk in choosing to use existing ARs. If the gamble fails, it could push the start date for this groundbreaking project months, possibly years down the road.

The two existing ARs used in the RFP are AR 2309 of 2009 which covers the payphone franchises and AR 191 of 2010 which cover wireless franchises. When the Council approves ARs, it approves them for five years. The payphone AR will expire on December 21 of this year.

This date is of significance because the City must select a winner, negotiate the contract, and get the Franchise and Concession Review Committee (FCRC) to sign off on the deal before Dec 21. If it doesn't, the contract will fail to meet the legal requirements of having an AR and be null and void.

At that point, the City would have to go back to the Council to get a new AR, which could be a time consuming process. That new ask would allow the Council opportunity to press for stronger language that would prevent just one winner from being selected. The City would open itself up to scrutiny over using the term "non-exclusive" in the AR: the elected officials who wrote the recent letters argue that selecting one winner breaks the "non-exclusive" clause. The Council could potentially tie up the AR for months over that term and its application.

There is no indication that the City won't meet the deadline, but legal action could make it a closer call than it hopes.

Weprin, who has been an outspoken critic of the potential for a monopoly resulting from this RFP, says the use of existing ARs should be examined because it was not the original intent of of those council members who signed the legislation.

"We gave enabling legislation before we knew it was going to be a monopoly and one company being selected," Weprin said in a recent phone interview. "We feel like now that they have gone down this route, they should come back to us again."

At the time the AR was voted on in 2009 there were more than 10 payphone service providers and no indication that the City would move to choose only one provider for the Wi-Fi overhaul. But with time still left on the AR, the City has the right to use it.

City officials defended their decision to use existing ARs, noting DoITT staff met with council staff in June 2013 and met with Council Members Weprin and Vacca prior to the release of the RFP in April 2014. At both meetings, the plan to use two existing ARs was brought up. Both Vacca and Weprin lent their support in the press release that was sent out when the RFP was issued on May 1.

The City is eyeing another deadline, too, although it has a little more wiggle room. On October 15, the current franchise agreement will run out. There is a holdover provision which will allow for companies who currently run payphones to keep them and continue operating them with no changes until a new franchisee has been selected.

Once a new franchise has been selected, the old companies can chose to remove their equipment or can sell to the winning bidder. The price is supposed to be negotiated, but some in the industry fear they will be forced to sell for pennies on the dollar and given no choice.

It doesn't appear the Council has much room for legislative recourse at this point, but that would certainly not prevent any backdoor lobbying to get the City to select more than one winning franchise. When asked about the letters her members sent to the mayor, Speaker Melissa Mark-Viverito, who did not sign on to Weprin's letter, said she was aware of the issue but had not had a formal conversation with anyone yet.

"Whatever concerns members have will be concerns I have as well," Mark-Viverito said at a recent press conference. "But we will look into that further."

***
by Kristen Meriwether, Gotham Gazette
@MeriwetherK

John Liu campaigns for State Senate (photo: Uli Seit/NY Times)

Queens voters may be appropriately impressed by the political portfolios of the two candidates squaring off in the Democratic Primary in the 11th State Senate District - incumbent Sen. Tony Avella and former Comptroller John Liu have taken similar career paths in lives dedicated to civil service.

However, several state legislators are somewhat less impressed and say they aren't exactly excited about working with either one.

A number of Senate Democrats want to see Avella punished because of his abrupt exit from the party's legislative conference. They have labeled him a complainer who relied on others to push his legislation.

Several say they aren't thrilled about the prospect of a Liu victory because of the potential baggage left over from the fundraising scandal linked to his recent mayoral campaign in New York City. Additionally, some say Liu is known to be a "personality" -- one with bigger things and higher offices in mind.

"Tony deserves to be taught a lesson," grumbled one Senate Democrat, who spoke on the condition of anonymity. "You don't just walk out on the leader without giving her a call. (And) honestly, I don't know how Liu fits in with the new issue-free conference. He has his own stuff to deal with."

In some ways the race is an embarrassment of riches for a Senate district that includes Bay Terrace, Willets Point, College Point, Little Neck and Fresh Meadows: Both candidates are former city council members and former mayoral candidates and both have served at the top of the city Democratic Party ranks.

Avella served eight years on the City Council before running for mayor in 2009. He lost to Bill Thompson in the primary, but then challenged and defeated incumbent Republican state Sen. Frank Padavan to join the Legislature.

Liu has taken a similar career path. He served on the City Council from 2002 to 2008 and in 2009 ran successfully for Comptroller. Last year, Liu ran in the Democratic Primary for Mayor as the most progressive candidate, but lost after being dogged by investigations into his campaign's fundraising practices, which included straw donors and their bundling. Liu was denied matching funds by the Campaign Finance Board, which he and others claimed crippled his campaign and led to Bill de Blasio's ability to avoid a run-off.

Both Avella and Liu are now looking to prove who is the better Democrat.

Avella wants to return to Albany after abandoning the Democratic Conference to caucus with the Independent Democratic Conference. His departure was abrupt and without warning, according to Senate Democrats, and left members there with a lot of bad feelings. Avella wants to demonstrate that he is both an effective Democrat and that his choice to join the IDC wasn't a cynical one.

"It was really a combination of factors that led me to leave the Democratic Conference," said Avella in an interview with Gotham Gazette. "The most prominent one is that the Democratic Conference is dysfunctional -- they have no power, but they argue over everything. Plus, the fact that the IDC/Republican Conference, whether you like it or not, was working. I had things to do."

One of those things was stopping the closure of three senior centers that were going to be shuttered because of a lack of funding, Avella said. His concerns about the centers were dismissed by Senate Democrats, but as a member of the IDC he was involved in budget discussions and was able to provide funding to the centers, he said.

However, only months after Avella split from the Democratic Conference, Gov. Andrew Cuomo was forced into a deal with the Working Families Party to help Democrats gain control of the Senate and pressure the IDC to cut a power-sharing deal with the conference they left.

The progressive surge that put de Blasio into the mayor's office seemed to have united voters, unions, and advocates in scorn of the IDC.

After much backroom haggling, de Blasio himself organized the IDC agreement to caucus with Senate Democrats next year.

In turn, he has endorsed Avella and the other IDC members. Now, though, Avella has to deal with advocates and voters who were not satisfied by the pledge for a power-sharing agreement and want retribution for his defection - as well as the popularity of John Liu.

Liu may be responsible for some of the progressive winds that filled de Blasio's sails as he cruised to victory last year. Liu's progressive policies were extremely popular with voters. Avella's decision to join the IDC gave Liu an opening into the Queens race as Avella's credentials as a progressive have been damaged in the eyes of many legislators, voters, and advocates.

Liu's greatest liability - the shadow of the investigation into his fundraising practices - is a companion to his greatest asset: his ability to raise small amounts of cash from a myriad of donors. "The reality of our campaign is that we always start with the grassroots donors. We don't call them small donors because they are significant donors. I'm proud of that," Liu told Gotham Gazette. Liu says that the amount of small donors to his campaign surprised him given that his campaign came together only three months ago.

Bill Mahoney of the New York Public Interest Group (NYPIRG) provided analysis to Gotham Gazette that shows that from January to July of this year Liu received donations from 1,598 individuals, making him the Senate candidate with the most contributions from individuals by far. The Senate candidate with the second most contributions from individuals is Sen. George Latimer with 244 from January to July of this year, according to Mahoney. In fact, Liu had more individuals contribute to his campaign than the Senate candidates who are ranked 2-8 behind him on that list.

Liu has made waves in Albany with his fundraising numbers where most campaigns have a few big real estate, union, and corporate donors that keep them afloat. Liu's campaign has $487,222 on hand according to 32-day pre-primary filings. Avella meanwhile has only $126,381 on hand according to his 32-day filing. Avella's numbers have increased lately and regular Cuomo donor Leonard Litwin gave the incumbent $20,000.

Avella has argued that Liu's coffers should be smaller given that his campaign for Comptroller still owes the city $525,000 in fines for illegally hanging flyers around the city. Liu's current campaign is not liable for the fine and he is in talks with the City about repaying the debt. "Think about how many firemen, how many police that could pay for," said Avella.

Over the years both men have developed a reputation for how they deal with their constituents and the kind of representatives they are. Liu is the big thinker who attracts constituents who want to work and campaign for him. As the first Asian-American elected to city-wide office, Liu serves as an inspiration to an entire community. His big-ticket items should he be elected include The Dream Act, The Women's Equality Agenda, and raising the minimum wage. Liu was ahead of the game when it comes to a number of these issues as he championed a progressive agenda during his time on the Council, and during his stint as Comptroller and his mayoral campaign.

"Its about drawing people into the process, first-time volunteers who want to make an impact. I bring a skill set that is not necessarily up there yet (in Albany)." Liu notes that he was treated as "crazy" for some of his positions on wage equality and workforce issues but now those positions are being carried by Democrats across the state.

"I'm gratified many points of my campaign last year have seen the light of day. Because it's not just about the candidate, but about the ideas." Liu says that if elected one of his personal quests will be to focus on restructuring the tax burden on businesses so that small businesses get a break while larger ones "pay their fair share."

While Liu is larger than life, Avella is the head down public servant. His first newsletter as a council member was a checklist where constituents could check off problems they have like potholes, cracks in the sidewalk, overgrown trees, and more. He sent out a similar mailer as his first official Senate newsletter. Avella has won the support of environmental groups including the New York League of Conservation Voters for his work on their issues and his steadfast stance against hydrofracking.

Avella has also waged a campaign to reduce noise pollution from aircraft in his district and has taken credit for the Port Authority's new community roundtable dedicated to addressing airplane noise over Queens.

"I always believed in a hands-on approach," Avella said. "I see every correspondence that goes in and out of this office. I see every single complaint so that I know that it is handled in the best way."

So how would each man interact with colleagues as part of the new Democratic/IDC coalition if everything goes as expected this November?

Avella said he hopes that the Senate Democrats elect more members who "are truly progressive." He blames "two Democrats" for voting to block the Dream Act and says they would also block campaign finance reform. By inference, he would appear to be referring to Sen. Ruben Diaz, who has actually been rather friendly with the IDC, and Sen. Simcha Felder, who caucuses with Republicans and who the IDC has worked with as part of its coalition.

Avella stresses that the IDC is not going to give up any power. "The deal is not that we go back, but that we will form a Democratic Majority Coalition that will be a mirror of the one that the IDC has with Republicans right now."

Liu said that while he thinks his ability to marshall the grassroots on issues like immigration and minimum wage will be an asset to the new coalition he also says he knows how to work as a member of a larger body. "I am proud to have the support of all the state senators whose support I have asked for," Liu said, noting that he didn't talk to upstate members because he doesn't know them. "I realize unlike my opponent that one Senator can't get anything done alone. You can't be a lone gun, you can't go it alone."

Both men acknowledge that on primary day winning and losing will come down to turnout - one that is expected to be particularly small. They've seen labor fairly split in endorsements between them and both say they are certain their loyal constituents will see them through. The two are expected to appear on Tuesday evening at a Bay Terrace candidates forum and on NY1's Inside City Hall on Wednesday night.

***
by David King, Albany Editor, Gotham Gazette
@DavidHowardKing