New York City Hall

What to look for this week, via the City and Albany:

U-S-A! U-S-what-the-heck-just-happened?! Despite the tie with Portugal, World Cup Fever is hot and spreading, especially with New Yorkers able to focus more attention on the tournament this weekend after so much came to a head at the end of last week politically. And what a week it was! No kicking the can down the road (well, some) as New York City Mayor Bill de Blasio and the City Council announced a deal on the Fiscal Year 2015 budget late Thursday night (about ten days before deadline), which happened to be the same night that the New York State Legislature was supposed to wrap it's 2014 session (though it wound up extending throughout Friday for the state Senate), with many significant outcomes regarding key bills, headlined by a score on medical marijuana. Thursday night also saw the announcement of a $40 million settlement in the case of the so-called Central Park Five. It was quite an end to the week.

Not to mention the ever-intensifying 13th Congressional District Democratic primary race between incumbent Rep. Charles Rangel and his main challenger, state Sen. Adriano Espaillat. If you haven't been paying attention, let's just say it hasn't been the most high-brow competition. With primary day this Tuesday, virtually all New York (City) political eyes have been on the race's final days - which have included the New York Times endorsing Espaillat, the Daily News coming out for Rangel, and Gov. Cuomo's 11th hour endorsement of the incumbent coming on Sunday. What will happen on Tuesday? No one knows. But, polling shows Rangel with a comfortable margin. Meanwhile, there are reasons to believe this could be Espaillat's year. Barring a too-close-to-call recount situation, we'll soon know.

After an action-packed week, the week ahead promises to be highlighted not only by the NY13 primary, but also by more fallout and analysis from the City budget deal and the end-of-session hits and misses from Albany. What we'll also see this week is the real shift toward the 2014 New York election cycle. Albany legislators are done in the capital for a while and, in most cases, will spend the summer pursuing re-election, some with more to worry about than others. Primay day for those elections is September 9 - just over two months away. Don't worry, we have you covered.

Meanwhile, there are the usual bunch of one-off events this week as well as some interesting things happening at the New York City Council. Details below.

But, since it is the first official week of summer and looking like a slower-than-previous-weeks week, here are five big questions we're asking:

1. What's in that budget? We're looking for all the final details of the New York City Fiscal Year 2015 budget deal announced Thursday evening.
2. Will the gov tell 'dem' Dems to get the band back together? Gov. Cuomo promised to work for Democratic control of the state Senate in his deal for the Working Families Party nomination, and because of the Legislature's failure to pass the governor's Women's Equality Act, he called the governing coalition a failure - so, what'll it be, Mr. Cuomo?
3. Who wins New York 13? Does Charlie Rangel get one more term? Can Adriano Espaillat unseat a legend? Will others on the ballot play spoiler? Tuesday night should be fun! Our page.
4. Are you ready to run? As attention turns to the state government races of 2014, leading up to the September primary, which incumbents, challengers, and candidates for empty seats are ready to hit the ground running and campaign effectively for the next few months?
5. What's next, Mr. Mayor? With the city budget deal and Albany legislative session both done, where does Mayor de Blasio set his sights now? What's on tap this week? Will a couple of key appointments be made? Any new pre-k news?

Speaking of the mayor, de Blasio is coming off a weekend trip to Texas where he took part in the U.S. Conference of Mayors (USCM) meeting. According to the mayor's office, "New York City Mayor Bill de Blasio and USCM President and Sacramento Mayor Kevin Johnson...announced the Cities of Opportunity Task Force. Chaired by Mayor de Blasio, the task force will bring together mayors from across the nation to leverage the power of municipal governments to advance a national, common equity agenda."

De Blasio starts his week with an 11 a.m. press conference at P.S. 152 in Queens near a recently redesigned intersection on the southeast corner of Northern Boulevard and 61st Street. He'll also sign eleven Vision Zero bills recently passed by the City Council. On Monday evening, "the mayor will deliver remarks at the Public Theater Gala 2014 in Manhattan," according to his public schedule.

More on Monday's activity and the rest of the week below.

(And here's your link to the World Cup schedule, because we know it's pretty important to many of you for the week ahead - BIG US-Germany match on Thursday at noon)

And, the non-fútbol run of the week in more detail:

New York City

Also on Monday
At the City Council on Monday morning, the Committee on Veterans will hold an oversight hearing examining the role of the Mayor's Office of Veterans Affairs (MOVA) in serving the city's estimated 200,000 veterans. This will be the first MOVA oversight hearing for Commissioner Terry Holliday, who was appointed by former Mayor Michael Bloomberg in 2010. The committee will look at how effective MOVA is with its coordination and outreach, and if MOVA would benefit from a bigger budget.

At 11 a.m. on Monday, Council Member Andy King and representatives of the Small Schools Athletic League (SSAL) will hold a rally on the steps of City Hall. Originally set to call on the mayor to fund the SSAL, it is now poised to be much more celebratory as the City Council announced that it will be funding SSAL with $825,000 coming out of the budget agreement. 

On Monday afternoon-into-evening, "the Federation of Protestant Welfare Agencies (FPWA) will host its Annual Meeting of a membership network of 200 human service and faith-based organizations. This year's theme, "Building a City of Equal Opportunity: A Campaign for Upward Mobility in New York," will unveil FPWA's new strategic direction and refocused efforts to reduce poverty. The meeting will also feature a cross sector panel, bringing together city, business, and nonprofit leaders, to discuss effective policies and programs to promote upward mobility and economic equity." The panel includes Lilliam Barrios-Paoli, NYC Deputy Mayor for Health and Human Services.

On Monday evening, the city's Panel for Education Policy resumes it's busy slate of meetings with a "public meeting of the contracts committee of the panel for educaiton policy." The PEP is expected to sign off on the new UFT contract, thus finalizing the deal (and leading to the $1000 signing bonus check UFT members will receive).

And with the 2014 state legislature elections becoming more of a focus, Monday night features a fundraiser for Assembly candidate David Menegon at the home of "liberal lion" Bill Samuels. Menegon is one candidate in the crowded AD 76 race to replace Micah Kellner, who is not seeking re-election after revelations of sexual harassment.

Tuesday
As we've mentioned, Tuesday is decision day in the Democratic primary in New York's 13th Congressional District. Learn about the candidates at our page here and follow the returns here, via WNYC and the AP.

At the City Council on Tuesday, the Committee on Health will hear intro 0051 which would require the Department of Health and Mental Hygiene to issue an annual report regarding Hepatitis B and C.

Fittingly, on Tuesday morning City & State NY hosts an event, "Future of Healthcare in New York," which will feature elected officials, advocates, and health care professionals.

The Panel for Education Policy is back at it Tuesday evening with a general public meeting, this one in the Bronx and, as all others, to be kicked off by the chancellor.

Tuesday evening, good government group Citizens Union holds a public discussion on "Non-Citizen Voting in New YorK City," hosted by the New York City Bar Association: "Since 2010 the New York City Council has been considering a bill that would allow immigrants lawfully present in the city to vote in municipal elections. Now, with a mayor and city council touting a progressive agenda, the time may be ripe for enacting such a measure. Panelists will discuss issues raised by the bill, as well as the history of non-citizen voting." The panel will be moderated by Citizens Union Executive Director Dick Dadey (Citizens Union Foundation publishes Gotham Gazette). 

Wednesday
The City Council Committee on Civil Service and Labor will hold an oversight hearing on the working conditions in the nonfiction and reality television industry. Sounds like a must-watch!

Back to the elections of 2014: State Sen. Gustavo Rivera holds a re-election campaign kickoff reception Wednesday evening. Rivera faces a primary challenge from current City Council Member Fernando Cabrera.

Thursday
The Council is scheduled to hold a Stated Meeting - at which the Council would officially adopt the FY2015 budget. This meeting could be moved to earlier in the week to speed up the budget adoption process.

Friday and the Weekend
Ever get a ticket while being inside your parked car on alternate side parking day? What about parking after the street has been cleaned but still during the alternate side window? The City Council's transportation committee will hear Intro 0020 that hopes to eliminate those parking tickets.

Sunday is the annual NYC Pride Parade, always a major event in the city, drawing thousands of New Yorkers, including many elected officials, advocates, activists, and citizens in general.

Not much else on our radar for the end of the week - stay tuned though! (And as always, feel free to send notice: This email address is being protected from spambots. You need JavaScript enabled to view it.)

And, more from Albany:
The Assembly completed this year's session in the wee hours of Friday morning while the Senate finished their business late Friday night. What did they get done? A deal on medical marijuana, a package of bills to fight heroin trafficking and addiction, a plan to delay common core-related high stakes in teacher evaluations and a key pieces to Mayor Bill de Blasio's Vision Zero plan that would reduce city speed limits to 25 M.P.H.

Gov. Andrew Cuomo told Susan Arbetter on the Capitol Pressroom Friday that it had been a "banner session." He later said that the IDC/Republican coalition that rules the Senate had been a "failure." Issues such as The DREAM Act, the Women's Equality Act, minimum wage increases, and laws protecting transgender individuals did not become law this year thanks to the Senate.

Legislators are back in their districts touting their accomplishments and preparing for re-election. Senate Democrats have put out feelers to the Independent Democratic Conference on a power-sharing agreement but as of now IDC Sens. Jeff Klein, Tony Avella and David Valesky face primary challenges. Diane Savino is likely to face competition as well. However, pundits say that Senate Democrats may have a hard time themselves because of a lack of campaign funds and the fact that this is not a presidential election year. Gov. Andrew Cuomo has pledged to support pushing the Senate to the Democrats' hands, but it is yet to be seen what he is ready to commit to doing to make it happen. He has made a number of hedging statements.

On Tuesday Sen. Liz Krueger will hold a Vision Zero town hall in Manhattan along with Council Members Dan Garodnick and Ben Kallos. The event starts at 6:30 p.m. at Hunter College. Members of the NYPD, mayor's office, community boards and the department of transportation will be in attendance.

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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. (use "For Week Ahead" as a subject if you can).

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by Kristen Meriwether and Ben Max in New York City and David King in Albany
@GothamGazette

The Mayor, Speaker & Council Members announce budget deal (William Alatriste)

NEW YORK - In a late night press conference in the rotunda of City Hall on Thursday evening, Mayor Bill de Blasio and City Council Speaker Melissa Mark-Viverito shook hands on a $75 billion budget, passed nearly two weeks before the June 30 deadline. The new mayor and speaker walked down the steps of the rotunda and exchanged a handshake and a hug, a customary tradition on budget day.

The budget process was not as contentious as it has been in years prior when former Mayor Michael Bloomberg would propose cuts to vital programs, leaving former Speaker Christine Quinn and the Council to restore funds. De Blasio promised early on he would end the so-called "budget dance" and kept his word.

"We did not play the game of cutting resources from non-profits that were serving communities. We just would not do that," de Blasio said. "We created order, consistency and respect in this process. It was a mutual decision."

Going into the final budget negotiations, the biggest point of contention was the headcount for the NYPD. The Council had asked for the addition of 1,000 new officers. But Mayor de Blasio, with support from NYPD Commissioner Bill Bratton, said the force level is adequate, citing record low crime (murder rates are at record lows, but shootings are up year-to-date).

The adopted Fiscal Year 2015 budget provides for 200 current NYPD officers on administrative assignment to be moved to the streets. Their desk jobs will be filled by civilians, at a cost of $6.2 million.

Speaker Mark-Viverito brushed off the notion that the compromise was a loss to the Council calling it "a true victory."

"I think it will have a profound impact on the ground," de Blasio said. He added that along with the 200 officers, there is $19 million in the budget for a comprehensive citywide plan to reduce violent crimes at NYCHA properties through tenant patrols, youth programs, and domestic violence outreach teams.

The other big ask from the Council was to fully fund school lunches for all New York City school children. The notion was aimed at removing the stigma associated with receiving free lunch and ensuring that all students eat during the school day. The mayor had been against the proposal out of fear of losing federal funding.

The mayor compromised in the budget providing funding for free lunches to all middle school students. The pilot program, which will cost $6.25 million next year, could be expanded to more students, although there is no guarantee.

"We want to give [Schools Chancellor Carmen Farina] a chance to implement it and we believe we will see true success," Mark-Viverito said. "We will then be able to take it to the next level."

On the issue of federal funding, de Blasio said he received confirmation that funds would not be jeopardized with the free lunch program and therefore decided to move forward with the compromise.

Meanwhile, parks advocates got a big win in the 2015 budget: the Council secured more than $15.5 million to help erase inequity among the city's parks, something Council Member Mark Levine, among others, had fought for. The funds will go toward hiring maintenance workers and 80 Parks Enforcement Patrol Officers.

On one other big-ticket item, the Council had asked for an additional $65 million in funding for libraries, which would bring service back to six days per week. That funding was not included in the budget.

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by Kristen Meriwether, Gotham Gazette
@MeriwetherK

A small group of voters in the northwest Bronx can vote in two of the most watched Democratic primaries in New York politics this year.

South of Van Cortlandt Park, in an oddly shaped tract around the Jerome Park Reservoir, Congressional District 13 and state Senate District 34 overlap. Almost 9,000 registered Democrats live in this little Bronx puzzle piece, though based on low turnout primaries in years past, only hundreds are likely to vote in both races. But those who do will have a say in whether state Sen. Adriano Espaillat — back again after losing a close contest two years ago — or Rev. Michael Walrond denies New York's most senior congressman, Rep. Charles Rangel, of a 23rd term.

And in the state Senate race, though it too is a Democratic primary, there is the potential to shake up the neverending power struggle between Republicans and Democrats in Albany as former assemblyman and councilman of the northwest Bronx, Oliver Koppell, takes on state Sen. Jeff Klein, current head of the Independent Democratic Conference (IDC) and co-majority leader of the state Senate.

The strangely shaped chunk of land — a byproduct of the most recent redistricting and recently voted "most artistically drawn legislative district" — is a mix of single family homes and five-story walk-ups, anchored by the historic Amalgamated Housing Cooperative. The area is diverse, with the total population of the overlap section at 54 percent Hispanic, 24 percent white, 13 percent black and 7 percent Asian. It's highly Democratic, with 75 percent of registered voters in the Democratic Party, and there are even more non-affiliated than Republicans, 15 to 7 percent.

For political junkies living in the overlap, which spans the neighborhoods of Kingsbridge, Kingsbridge Heights, Van Cortlandt Village and Bedford Park, it's a fun year to be a registered Democrat.

While these voters are not getting any special treatment or being targeted in any unusual way because they can vote in both races (the federal primary is June 24, the state primary is Sept. 9), their stances on issues and their allegiances show the oft-told storylines are not always as simple as they seem to be.

On primary day two years ago, when Espaillat first challenged Rangel for his seat, the Bronx was a graveyard. There were hardly any volunteers handing out leaflets or holding signs and election sites were empty. Voter turnout was miserable. Only 10 percent of eligible registered Democrats in the Bronx voted in the standalone primary, compared to 16.5 percent in Manhattan. Though he lost the race by about a 1,000 votes, Espaillat managed to win the Bronx by 233 votes.

Unlike the boundaries of both districts, the lines of support for these candidates are fairly straightforward. Most Bronx officeholders, including the Bronx Democratic Party, are backing the incumbent Klein and, in a rare move to support a challenger, Espaillat.

When it comes to voters, it's not as clear-cut. In interviews with registered Democrats in the area, voters told this reporter they support all different combinations of the main contenders: Rangel, Espaillat, Klein and Koppell. While some are backing both incumbents, others support one or both challengers.

The cliché "all politics is local," is no cliché here.

When asked about issues important to him when voting in these races, Gary Axelbank, host of the BronxTalk on BronxNet who has lived in Kingsbridge Heights his entire life, said it's the local stuff that matters most.

"The entire area used to be very nice and quiet and pastoral and now it's a complete construction zone," he said, referring to Department of Environmental Protection and Department of Parks and Recreation construction around the Jerome Park Reservoir, and construction at PS 95 and in Van Cortlandt Park. "Who is standing up for the community? These may not be big Senate or Congressional issues, but as a resident, that's what I care about."

For others, it's the bigger issues that will affect their vote.

Jack Marth helped start a petition to urge Koppell to run and is volunteering for his campaign. He said he's concerned with campaign finance reform, the DREAM Act and tenant's rights bills, and that he feels Klein betrayed Democrats by forming the IDC and a power-sharing coalition with Republicans in the Senate.

"I'm enthusiastically supporting [Koppell's] candidacy, primarily because I feel betrayed by what Klein did by creating the IDC. I believe strongly that there is a lot that can be achieved in New York State if we had a Democratic majority in the Senate," he said.

Though Bronx borough historian Lloyd Ultan, who lives in Kingsbridge Heights in the overlap area, said he understands why the political establishment has backed Klein. He said years ago Bronx Democrats didn't challenge Republican state Sen. Guy Velella because he held high-up positions in a Republican-controlled Senate and used that to bring attention — and resources — to his district.

"Looking at it through that Velella prism, you could make a case that Klein's breakaway Independent Democratic group working with the Republicans recreates the same conditions for the Bronx that existed when Velella [had power] in the Senate," Ultan said.

The Bronx neighborhoods south of Van Cortlandt Park are a mess of district lines. The voters there have, at least for the last three decades, been on the fringes of districts. And so every decade following redistricting, this area often looks like the aftermath of a kindergartener with construction paper and a pair of scissors.

In the 1990s, some voters in Kingsbridge and Kingsbridge Heights voted in state Senate races with Manhattanites as far south as Chelsea. In the 2000s, they voted with fellow Bronxites in University Heights and Belmont. Now, they vote in a district that stretches from Riverdale to Morris Park and Throggs Neck in the Bronx and Mount Vernon in Westchester.

On many of their Senate ballots in the last three decades? Franz Leichter; now-Attorney General Eric Schneiderman; convicted felons Efrain Gonzalez and Pedro Espada; and current state Sen. Gustavo Rivera. In September, Klein and Koppell.

"It's a diverse community that is hard to pin down. It's almost like the political flavor of the month, so that they say, 'Gee this time around let's carve it into this district,'" said Axelbank. "Right or wrong, that's the nature of redistricting."

Ironically, the current Senate District 34 is shaped the way it is now partly because of Koppell and his wife, Lorraine Coyle Koppell. Lorraine Koppell challenged Velella in 2000. She lost and as punishment, Velella allegedly had the Republicans redrawing the map to carve the Koppell home out of the district so she couldn't challenge him again. The Koppells were put into the long skinny district that stretched down the west side of Manhattan, about which one observer, quoted in The Riverdale Press, said "Velella gave the Koppells the finger."

The current District 34 has been so gerrymandered over the last three decades, it's been said it looks like all sorts of things: a lobster, a horseshoe, the cat in the hat.

In the 1990s, voters in Kingsbridge and Kingsbridge Heights voted in congressional races with much of the northern Bronx, Yonkers and Mount Vernon. Gerrymandering caused those lines to be redrawn so they would vote along with those across the Hudson in Rockland County. Now, they vote with members of a district that's based in Harlem.

"We're always kind of the appendage to round out other peoples' power bases," said Marth.

In the Senate, Marth added: "We're part of a land bridge connecting Riverdale and the white parts of the east Bronx."

Like any voter, residents in the area said they want whoever is elected to pay attention to their neighborhood. Though much of the focus in the congressional race is on Manhattan, one-quarter of eligible registered Democrats live in the Bronx and that could swing the vote. Espaillat flyers have been laid at the doors of many voters in the area over the past month. Some voters said they received anti-Espaillat mail, but also pro-Espaillat mail.

During his campaign two years ago, Rangel promised to open a district office in the Bronx. He never did. This time around, both Rangel and Espaillat said they will open an office in the Bronx and Espaillat even promised in a recent debate he would open it on the first day he takes office. Rangel didn't even show up to that debate, hosted by BronxNet, which some Bronx voters see as a sign that the elder congressman is not the right man to represent the Bronx.

"By ignoring [that debate], Rangel sent a message into the minds of people that he is ignoring the Bronx," said Ultan.

Sometimes residents in this neighborhood vote for candidates that aren't even on the ballot. Rafael Martínez Alequin, a longtime Amalgamated Housing resident, eccentric blogger and regular at City Hall press conferences, usually writes in his cat, Sebastian, for District 34, and two years ago ran a comical online campaign for the cat with the motto: "I will get rid of Albany's rats!"

But the feline won't be on his ballot this year.

"Sebastian's not running again because he decided it's a better chance for Oliver Koppell," he said.

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by Adam Wisnieki for Gotham Gazette

Maps provided by Steve Romalewski, Director, CUNY Mapping Service, Center for Urban Research at The Graduate Center, CUNY

The future of payphones (Ana Solo)

NEW YORK - When then-Mayor Michael Bloomberg's administration decided in 2012 to repurpose city payphones as WiFi hotspots, citizens and city council members rejoiced. The initiative would turn the nearly obsolete relics into something beneficial to all New Yorkers, particularly those without WiFi access at home.

But when the request for proposal (RFP) to bid out the project was released on April 30 of this year, questions began to be raised. The RFP would award the franchise agreement to a sole franchisee, giving that company exclusive control of the roughly 7,300 locations currently in operation (growing to up to 10,000) for 15 years. Critics call this is a monopoly, and therefore, illegal.

"Historically, lawmakers find monopolies to be troubling because they discourage competition, thereby jeopardizing the quality of service," Council Member Mark Weprin said during a council oversight hearing on Wednesday, June 18. "Without a competitive market for the chosen franchisee, there is no incentive for them to go above and beyond the minimum service required in the RFP."

In 1995 the City passed Local Law 68 to break up a monopoly held by New York Telephone (now Verizon), which operated all the payphones in the city. The idea at the time was that competition would create better service and in 1999 the City entered into franchise agreements with more than 90 companies to operate the city's payphones. Today, ten of those agreements remain and are scheduled to expire on October 15 of this year.

The new RFP would force those ten companies to sell their locations to the new franchisee. The dollar amount is not stipulated in the RFP, which says only that the new franchisee must pay "fair market value."

Following Wednesday's hearing, Ray Mastroianni, CEO of Telebeam Telecommunications Corporation, which operates 900 payphone kiosks across the city said buyers and sellers typically have different views of what "fair market" is, and with this agreement, the buyer would have the upper hand on price. He also argued the agreement favors larger companies who would have the overhead to pay for all 7,300 locations.

Mastroianni said companies currently in control of city payphones are being forced to give up their assets despite following the rules. His company invested $25 million in the 14 years since he signed the agreement, he said, even adding WiFi to some of its locations. Mastroianni also said that his company has submitted a bid in response to the RFP, but if he does not win he will likely have to lay off several of his 19 employees.

The Department of Information Technology and Telecommunications (DoITT), the city department that oversees the franchise agreement did not send a representative to testify at the hearing, saying that testimony could interfere with the RFP process, which is open until July 21. DoITT did submit written testimony, which said the winning bid could be a joint venture or partnership among different companies.

Keeping up With Technology
In the 15 years since the payphone franchise agreements were signed, technology has shifted dramatically. Cell phones, which were just emerging as a way to communicate in 1999, are in some cases the only phone people use. Midway through the contract, the kiosks' prime function - a public phone - became outdated.

Their main function became serving as choice advertising space. The current agreement says the City receives 36 percent of the advertising revenue, 10 percent of call revenue, and a fixed daily fee. In fiscal year 2013, that totaled $17.4 million. Under the new RFP, the city will continue to receive a portion of the advertising revenue. The exact percentage of revenue the City will receive was not put into the new RFP and will be decided at a later date.

With technology continuing to move at warp speed, Council Member Weprin expressed his concern over having a repeat of what happened under the current contract, with the kiosks just being used for advertising space once the phone function became mostly obsolete. The RFP does not stipulate particular WiFi speeds or even that all locations have to have the same speed.

The kiosks will be required to have WiFi. While that may seem like a novel idea now, the contractor would be unable to disconnect it even if WiFi was to become obsolete between now and the end of the deal.

The new RFP also requires that the public phones be maintained through the life of the contract for a minimum of 311 and 911 calls. Phones have proved useful particularly during disasters when electricity went out (such as during Hurricane Sandy), but there is no way to predict how much technology will advance during the 15 years of the contract.

"I can see the advantage of having only one operator take responsibility for all payphone structures throughout the city, since it allows for greater accountability, and uniformity in service and maintenance," Council Member James Vacca, who represents part of the Bronx and is the chair of the Council's technology committee, said in a statement. "However, a lack of competition among operators may also decrease the need to keep up with ever-changing technologies, and may leave the outer boroughs in the dust."

Weprin said at the close of the hearing that he hopes the administration will reconsider allowing more franchisees in the upcoming deal, but the administration appears to be holding tight to their process.

"We believe that a competitive process will generate the best proposals maximizing the benefits for the public, but we're open to doing another solicitation in the future to account for changes in technology and the potential to provide additional services to New Yorkers," a spokesperson from DoITT said by email Wednesday. "Whereas only one franchise will be issued at this time, any franchise granted will be non-exclusive, and the RFP actively encourages partnerships or joint ventures among companies to combine expertise in diverse areas creating the best services and end-user experience for all."

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by Kristen Meriwether, Gotham Gazette
@MeriwetherK

New York City (Matthias-Haker)

In 2013, eight times as many New Yorkers died from air pollution-related health issues as from murder.

A recent analysis by the City estimated that 2,700 "premature" deaths every year can be tied to ozone and fine particulate matter, two leading air pollutants, as opposed to 333 murders in New York in 2013. The public health impacts of air pollution, while not necessarily dramatic, are powerful: air quality rivals other leading causes of death in New York City, such as HIV.

And while the city is making progress improving air quality, some elected officials say that too many New Yorkers are suffering from the debilitating and deadly effects of air pollution. A briefing document prepared for a February City Council oversight hearing on air quality asserts that the City's "progress, while significant, does not mean that the air is healthy to breathe in New York City."

Populations especially vulnerable to air pollution include children and the elderly; the poor; people with pre-existing health conditions; and residents of neighborhoods where pollution sources - like highways, waste transfer stations, and powerplants - are located.

"It's hard to get attention for this," said Dr. Thomas Matte, Assistant Commissioner for Environmental Surveillance and Policy at the city's Department of Health. "Air pollution" is not a cause of death that would appear on any death certificate, he added.

"[But] what we know from the science is that when ozone levels are higher, there are more deaths," Matte stated.

Both ozone and particulate matter pollution can aggravate asthma and other lung conditions, and cause premature death in people with heart and lung disease, says the U.S. Environmental Protection Agency (EPA).

Two reports released in May of this year point to a dual reality: New York City has made major progress in reducing levels of particulate matter pollution, yet that pollution is linked to annual totals of approximately 2,300 premature deaths, 4,800 emergency room visits for asthma, and 1,500 hospitalizations for respiratory and cardiovascular disease.

Particulate matter pollution - in the form of small particles and droplets - is emitted by many local sources, including heating fuel, power plants, and motor vehicles. These particles and droplets are "so small that they can get deep into the lungs and cause serious health problems," says the EPA.

The City says that the estimated number of deaths in New York City attributable to fine particulate pollution dropped by twenty-five percent between 2005-07 and 2009-11.

On the other hand, the city continues to struggle with ozone pollution, which can come from sources hundreds of miles away. A recent report by the American Lung Association gave four boroughs an "F" for their number of high ozone days between 2010 and 2012. The fifth borough, Brooklyn, received no grade.

"Despite progress to date, air pollution in New York City remains at levels that are an important cause of serious illness and premature mortality," the City concluded in a September, 2013 analysis.

Air Pollution at the Neighborhood Level
One of the objectives of PlaNYC, the city's sustainability "blueprint", is to "achieve the cleanest air quality of any big U.S. city" by the year 2030. Tackling air pollution means addressing the fact that certain New York neighborhoods, and populations, consistently suffer more from the impacts of poor air quality.

To that end, the City routinely monitors for the same pollutants as the state and federal governments, but New York City has monitors in more locations than are required by federal regulations.

The City samples the air near street level at roughly seventy-five locations each season, and tests for ozone, fine particulate matter, and other pollutants. Air quality in every Community District, each of which is represented by a Community Board, is tested. Neighborhood-level information on ozone and other pollutants - through 2010 - can be found on the Health Department's Environmental Public Health Tracking Portal.

What the Department of Health has found in its data collection echoes concerns raised by environmental justice groups across the city. The impacts of air pollution reach far beyond one or two neighborhoods. "We live in a densely populated area with vulnerable people," observed Assistant Commissioner Matte.

Sections of the Bronx, especially the South Bronx; Upper Manhattan; North-Central and Southern Brooklyn; Eastern Queens; the Rockaways; and Northern Staten Island typically have higher rates of particulate matter-related emergency room and hospital visits, and/or deaths, according to a detailed 2011 analysis.

There is a somewhat different geographic distribution for ozone-related health issues. For instance, the highest ozone-related death rates were found in Staten Island, Southern Brooklyn, Central Queens and the Northwest Bronx.

There are also clear race and class distinctions when it comes to the effects of air pollution.

"According to the New York City Department of Health...five times as many African Americans and four times as many Hispanics of all age groups are hospitalized for asthma," relative to the overall population, the City Council's February briefing states.

The City also found that low-income communities have significantly higher hospitalization rates for pollution-related illnesses.

The estimated rate of PM2.5 (fine particulate matter)-attributable respiratory hospitalization is nearly twice as high in high poverty, compared to low poverty, neighborhoods, says the City.

Likewise, emergency room visits for pediatric asthma, associated with fine particulate pollution, are three times higher in the city's "most impoverished" neighborhoods. And asthma-related emergency room visits for adults are five times higher in high poverty areas.

Untangling the links between poverty and air pollution-related illnesses is a formidable challenge. Local groups and researchers point to the heavy concentration of waste transfer infrastructure in the South Bronx as an example of an air pollution burden shouldered by a low-income community.

The South Bronx is also a vehicle thruway for the entire city. A 2006 study by the NYU Wagner School found that "if you live in the South Bronx your child is twice as likely to attend a school near a highway as other children in the City."

One Pollutant at a Time
Air quality is measured using different parameters: New York State is required by the federal Clean Air Act to test outdoor air for ozone, particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and lead, all of which have a variety of public health impacts.

Because of its enormous public health impacts, the City has been particularly focused on ways it can reduce local levels of soot, or particulate matter.

Particulate matter is released by combustion sources, such as building heating systems; vehicle exhaust; power plant or industry emissions; and chemical reactions involving gases like sulfur dioxide, nitrogen oxides, and, "to a lesser extent", volatile organic compounds, according to the State.

State and federal regulators test for PM2.5 (fine particulate matter), which includes particles in the air that are "less than 2.5 micrometers in diameter, or approximately one-third the thickness of a strand of hair." Particles that are easily breathable and not easily detectable by the human eye.

According to the EPA, "numerous scientific studies have linked particle pollution exposure to a variety of problems", including: premature death in people with heart or lung disease, nonfatal heart attacks, irregular heartbeat, aggravated asthma, decreased lung function, and increased respiratory problems.

Finally In Compliance
Last month, the New York State Department of Environmental Conservation announced that because of improvements in the New York City metro-area, all of New York is finally in compliance with EPA standards for particulate matter (PM2.5) levels.

Both short (24-hour) and long-term (annual) PM2.5 concentrations in the metro-area's outdoor air have shown "a steady decrease" over the last decade. Long-term PM2.5 measurements were 22 percent below the national standard in 2013; short-term measurements were 26 percent below the national standard, said the state.

How did we do it?

The City's efforts to phase out the use of "residual" heating fuel oils (grades No. 4 and No. 6), and replace them with "lighter" oils and natural gas have been critical to reducing particulate matter in the air, said Michael Seilback, vice-president for public policy at the American Lung Association of the Northeast.

Cleaner diesel fuel used in trucks has also made a real difference, he argued.

The Ozone Challenge
Tackling ozone pollution is arguably more challenging because it requires local as well as regional action. Pollutants that form ozone are emitted locally and in other states. Ozone pollution could also be worsened by climate change.

The New York City-metro area is currently in "non-attainment" of 2008 federal ozone standards. This means that outdoor ozone concentrations exceeded the national air quality standard (measured over an 8-hour period) more often than is allowed, Levi Fishman, a spokesman for the city's Department of Health, told Gotham Gazette by email.

Unlike other air pollutants, ozone is not emitted by pollution sources. Instead, this "powerful oxidant" is formed in the air itself during smog conditions.

High temperatures (over 80°F) and sunlight react with emissions from vehicles and smokestacks to form ozone. Hydrocarbons such as gasoline vapors and nitrogen dioxide - what the state calls "ozone precursors"- can help to trigger the gas.

Seilback agreed that rising temperatures caused by climate change could become another risk factor for ozone levels. The City reported that the "increase in summer O3 (ozone) concentrations from 2009 to 2010 was likely due to increasing temperatures. O3 concentrations have been stable from 2010 to 2012."

"Ozone levels are one of the most serious air pollutants in New York City," added Fishman. Roughly 1 in 10 emergency room visits for asthma in New York City are attributable to ozone pollution.

Despite a major focus on air quality in the City's sustainability planning efforts, ozone levels have "not improved substantially" over the last several years. New York is following ozone trends seen in other major U.S. cities, the City pointed out in its September, 2013 report.

"We agree that the...metro area has an ozone problem," said Fishman, "but the "F" grade is not a reflection of New York City's performance on air quality management. As documented...the city has made considerable progress on reducing levels of pollutants that originate within the city."

Fishman added that the City's air quality management program is complying with federal regulations, "which require monitoring and then submitting a plan to come into attainment over time."

The National Connection
But of immediate concern to state regulators is ozone-causing pollution - like nitrogen oxide - entering New York's airspace from powerplants that are hundreds, if not thousands, of miles to the west.

"This upwind contribution is so significant that New York and the other northeastern states will not be able to meet the current ozone standard until the upwind contributions are reduced," said Emily DeSantis, media relations director at the state Department of Environmental Conservation (DEC).

"In response...New York and several other states have once again petitioned EPA to control those upwind sources affecting New York's air quality," DeSantis added.

And the Obama administration appears to have responded. Its recently announced plan to slash carbon dioxide emissions from power plants across the country by thirty percent has an added benefit: the EPA says emission levels of particle pollution, nitrogen oxides, and sulfur dioxide will also drop by more than twenty-five percent.

Adriano Espaillat, a Democratic State Senator from Upper Manhattan, described the plan as "very promising for communities like Upper Manhattan and the Bronx".

Referencing the public health impact that air pollution has been found to have on low-income communities in New York City, Espaillat argues that "African-Americans and Latinos are disproportionately affected by climate change - whether it's higher incidences of asthma among children, or increased mortality rates due to carbon pollution."

The Next Step: Curbing Traffic Congestion
"Progress has been made but there is more to do," said DeSantis of the state DEC. She noted that "New York has imposed tighter controls on cars, power plants and other in-state sources of pollutants that contribute to ozone formation."

No matter the degree of emissions control, air pollution is an inevitable by-product of heavy vehicle traffic, which New York City has struggled to manage in recent years. The City maintains that expanding "cleaner" modes of transit and reducing traffic congestion will have to be a part of the solution to New York's air quality problem.

"On-road" sources account for approximately ten percent of PM2.5 (fine particulate matter) emissions and twenty-five percent of nitrogen oxide emissions locally, a City analysis found.

The City has moved aggressively to encourage bike use, and zero-emission, electric vehicles have become a focus for policy-makers. Governor Cuomo's Charge NY program commits to developing a statewide infrastructure of 3,000 public charging stations within five years.

Reducing car use has even found its way into housing planning efforts. The de Blasio administration argues in its recent affordable housing plan that new developments should be oriented around mass transit.

The City's researchers draw a direct line between traffic in Manhattan and high ozone levels on Staten Island, for example.

"Reductions in NOx (nitrogen oxide) emissions in the most congested areas of the city will, in turn, reduce ozone levels in those downwind neighborhoods in the outer boroughs and beyond," wrote the City in its 2011 report.

Need for Further Testing
Reducing traffic congestion may also have an impact on the disproportionate risk faced by New Yorkers of exposure to cancer causing chemicals.

In 2011, researchers from the city's Department of Health examined another set of pollutants being emitted across the five boroughs: benzene, the BTEX (benzene, toluene, ethylbenzene and xylenes) cluster, and formaldehyde. Both benzene and formaldehyde are known human carcinogens.

"Recent analyses suggest," wrote the authors, "that 49% of New York City residents live in census tracts exceeding the 1 in 10,000 HAP [Hazardous Air Pollutants]-attributable cancer risk benchmark compared to 4.8% of the population nationwide."

The majority of this cancer risk is tied to benzene and formaldehyde exposures, which come from on-road and non-road gasoline vehicles and engines, said the researchers. The City tested at 70 locations to see how levels varied across neighborhoods.

Assistant Commissioner Matte cautioned that several variables had to be examined (including weather and traffic patterns) before releasing data on individual sites. "We haven't developed a [land-use regression] model that we're comfortable with yet," he said.

Nonetheless, the City found that "monitoring sites in areas with the highest traffic intensity, indicated by a combination of roadway and traffic signal density, were found to have 83% higher benzene concentrations and 45% higher formaldehyde concentrations than those in areas of lower traffic intensity."

According to Michael Seilback at the American Lung Association, a contradictory situation has emerged in terms of local air quality: "There's no question that the air over New York City is much cleaner than it was 15 years ago," he said, referring to the drop in particulate matter pollution.

But, at the same time, "we can't say with certainty what people [in heavily trafficked areas] are being exposed to." Seilback observed that a network of roadside air quality monitors does not currently exist in New York City, and is not required by the federal government.

"The problem is that [federal] government hasn't dedicated the resources," he said. "The data is what we need. We give a lot of credit to the City of New York."

***
by Sarah Crean for Gotham Gazette
@GothamGazette

NYPD Mounted (Dirk Knight via Flickr)

On June 9, a horse named Pumpkin ran wild through traffic in Manhattan, pulling a carriage and smashing up a taxi before a man riding his bike was able to gain control of the animal.

Two days later, a horse named Sampson escaped his tether and ran through the streets of the Bronx before police pursuing in cars were able to catch him.

Neither horse was seriously injured. No bystanders were injured in either case.

But the scene of the first incident turned into the stage for a new scene in the ongoing debate over Mayor Bill de Blasio's proposed ban on Central Park carriage horses. The executive director of the fiercest anti-carriage horse lobby, animal rights group New Yorkers for Clean, Livable, and Safe Streets (NYCLASS), showed up to tell reporters "that horses do not belong in dangerous New York City streets where they can get hit by cars." The advocate, Allie Feldman, was heckled by carriage drivers while talking to the assembled media.

There was no such scene after the police caught Sampson.

Since taking office, Mayor Bill de Blasio has remained firm on his stance (one he campaigned on) for a ban of carriage horses like Pumpkin. But he's all for Sampson continuing to patrol the streets of New York City as part of the NYPD's mounted unit.

Asked by a Daily News reporter in April if, in light of his call to end the use of carriage horses, he had concerns about mounted police, de Blasio said it was different.

"Apples and oranges. Can I use apples and oranges with a horse analogy? It's – you know, obviously [the] NYPD, I have immense respect for what they do to keep us safe. And the police horses have been a part of that. And that is something that's about the public's vital interest. So I think it's a very different reality than something, you know, that's about tourism," the mayor said, according to a transcript from his office.

In recent years, many cities around the country have closed their mounted divisions to save money. And while the NYPD's unit is not as large as it once was, there are no signs that it is going anywhere. The city just built a new top-of-the-line stable and headquarters for the NYPD's mounted unit in the bottom of a luxury apartment building on 54th Street on the west side of Manhattan. The NYPD is also currently training new horses to join its ranks.

And, there's no organized effort against the use of police horses. The mayor supports the NYPD's use of equines. Large organizations opposing the carriage horses - ASPCA, PETA and NYCLASS - have said nothing against the NYPD's use of horses.

So what's the difference?

At the scene near Central Park after Pumpkin escaped, an ABC7 Eyewitness News reporter asked Feldman about mounted police: "Police responded to this on horseback. I would presume you want those horses off the street as well?" the reporter asked.

"Have you ever seen an accident involving a police horse? No," she said.

"If horses don't belong in the street, it doesn't matter whether it's police horses or carriage horses. Or have I oversimplified it?" the reporter followed up.

"You very much oversimplified it. There is a huge difference between when an animal is being used for a commodity, it's inevitable that the animal is going to be abused...These drivers know that horses do not belong in dangerous New York City streets where they can get hit by cars, they get hit by trucks, they get hit by buses," Feldman said.

When asked to speak with someone at NYCLASS about mounted police, a spokesperson sent along a statement from PETA Senior Vice President Dan Mathews, which reads: "The use of police horses is dwindling on its own around the country due to high costs and questionable effectiveness. PETA focuses on carriage horses because their work is far more grueling, the stables and care is much shoddier, and the public safety and sanitation issues are much more severe."

A review by Gotham Gazette shows New York City's police horses and carriage horses lead quite similar lives.

The basics
The Central Park carriage horses are part of a for-profit industry that the carriage drivers and owners say is essential to New York City, having existed in Central Park since carriage horses were used as a primary mode of transportation in the city. There are 220 horses working under 68 carriage medallions in New York City. According to the carriage industry group, the Historic Horse-Drawn Carriages of Central Park NYC, LLC, there are 130 full-time drivers and about 60 owners.

According to carriage driver Christina Hansen, the best carriage horses are crosses between various breeds of draft horses. Many of the city's carriage horse owners get their horses from a dealer in Pennsylvania's Amish Country, she said.

The NYPD's mounted police unit - established in 1871 - looks for similar horses, cross draft horses, though they often look for larger ones than the carriage industry does. The NYPD requires their horses to be at least 15.2 hands, according to an archived page on the NYPD website. Years ago, according to that website, police horses were donated to the force or purchased through funds provided by the New York City Police Foundation. But now, many horses are purchased from dealers in Amish Country in Pennsylvania, just like the carriage horses. Some even pulled buggies in Pennsylvania before hitting the streets of the five boroughs on patrol.

For three weeks, Gotham Gazette requested basic information from the NYPD on its mounted unit, but the NYPD refused to provide any, even the exact number of horses in the division. The Daily News, which has been running a campaign to save the carriage horses, reported the NYPD has "about 50," or "roughly 50," horses in its unit. The unit has decreased significantly in the past few years. The New York Times reported in 2006 that the force was at 85 and then-Commissioner Ray Kelly planned to increase the unit to 160 by 2009. By 2008, that number reached 112, but there is little information on why it is half that now.

The primary purpose of the NYPD's mounted unit has not always been the same.

"Public relations is a Mounted Unit forte," reads the NYPD's website from 2006. "The expertise of Mounted [Unit Officers] in crowd control is also renowned." Many police departments across the country say a cop on a horse - "the 10-foot-cop" - is worth 10 cops on the ground while working crowd control.

The NYPD has always defended the unit's effectiveness, but for years the horses only patrolled Central Park and were used at an occasional demonstration, according to a 2006 story in The Times. But that year Kelly started to send mounted units into high-crime areas and the NYPD continues to do so under his successor, Commissioner Bill Bratton. In 2007, the NYPD website said the primary function of the mounted unit was not public relations or crowd control, rather patrol.

The NYPD says mounted officers have the ability to travel through areas a squad car cannot go, like alleyways and pedestrian plazas, and a horse can have a calming effect during disputes or other chaotic situations.

Work week
Carriage horses work eight or nine hours a day, sometimes seven days a week. Police horses typically work as many hours as the officer riding them. The NYPD would not confirm the length of an average shift, but The Daily News reported typical shifts are seven-and-a-half hours, slightly less than an average NYPD shift. According to law, in a 24-hour period, carriage horses are not allowed to work more than nine hours; riding horses are not allowed to work more than eight hours. It is unclear if the NYPD's mounted unit, which consists entirely of riding horses, is exempt from this rule. For carriage horses, the rule is enforced by the city's Department of Consumer Affairs.

Hansen, the carriage driver, stressed that she thinks police and carriage horses live similar lives and thrive on having a routine. She did argue, though, that pulling a carriage is easier than carrying an officer.

"It's the difference between wearing a heavy backpack and pushing a shopping cart," she said, adding that carriage horses ride loops around Central Park while police horses are "sent into dangerous crowd control areas and sometimes they pursue criminals on foot. They gallop after guys with guns."

Each year, carriage horses are required, as stated in the city's administrative code, to have at least five weeks vacation at a horse stable facility. There is no such rule for police horses, though each officer is assigned to a specific horse. Presumably, that means when an officer is on vacation, his horse is as well. Depending on the officer, the NYPD offers between 10 paid vacation days for rookies and 27 paid vacation days for those with more than five years experience, according to the department's recruitment site. The NYPD would not confirm how many days or weeks off each horse gets per year.

By law, carriage horses are not allowed to work when temperatures are above 90 degrees or below 18 degrees. According to the Daily News, police horses are allowed to stay inside if the temperature falls below 32 degrees with a wind chill of 15, but there are no restrictions for hot temperatures.

Home sweet home
The NYPD recently moved one of its stables (as well as its mounted unit headquarters) from 34th to 54th Street on the far west side of Manhattan. Its old home was located near one of the carriage horse stables by Pier 76 and its new home is only a couple of blocks from a carriage horse stable on 52nd Street.

Carriage horses live in four stables along the west side of Manhattan (at 37th, 38th, 48th and 52nd streets). The city's Department of Health and Mental Hygiene regulates the horses' living conditions at these stables. In the past two years, the DOH conducted 38 inspections of the carriage horse stables and issued two notices of violations: in fiscal year 2013, a citation for "inadequate bedding inside some of the stalls" and in fiscal year 2014, "inadequate bedding in addition to improper or excessive manure storage, and stalls not being adequately clean and dry," according to the Department of Health.

The DOH also requires carriage horse owners to use stalls large enough for horses to turn around and lay down in. Before renovations at Pier 76 in 2007, NYPD horses slept in straight stalls where the horse couldn't lie down. The new facility on 54th Street has large stalls.

There are no indications the NYPD mistreats their horses or the stables are inadequate, but the DOH does not inspect the NYPD stables like it does the carriage industry.

Messy business
Keeping horses in New York City can be messy.

Carriage horses travel from their stables along city streets to Central Park, where they charge people to ride them around the same park loops over and over. According to Hansen, carriage horses are equipped with diaper bags that are attached to the carriage to catch the horse droppings. The industry also hires sweepers to clean up the loops in Central Park.

Police horses patrol all over the five boroughs, from busy tourist areas like Times Square or Coney Island to high-crime areas in Brooklyn and the Bronx. The police horses do not wear diapers.

Another issue is safety, that of the public and the horses themselves. NYCLASS points to 20 accidents and incidents involving carriage horses dating back to 2006 as a reason why the industry should be banned.

Police horses walk through traffic more often than carriage horses: carriage horses walk through traffic as part of their commute to Central Park, police horses patrol city streets. The NYPD would not respond to a request for information on injuries to horses, or to officers or the public involving police horses, but there have been incidents. A woman from New Jersey sued New York City in 2009 after a police horse bit her. A police officer sued the city and NYPD in 2010 after she was thrown from her horse. She claimed the horse was not adequately trained. The case is still in court.

The New York Civil Liberties Union sued the NYPD for misusing mounted police during Iraq War protests in 2003 and protests of the Republican National Convention in 2004 when mounted officers rode into crowds to disperse them. "Typically, the way the mounted unit is supposed to be used is really to maintain lines...of course that's a very different thing than sending in a wave of horses into a crowd to disperse them," said Christopher Dunn, NYCLU's attorney on the case.

The NYPD agreed in a settlement to ensure that "a crowd or group to be dispersed has sufficient avenues of escape and/or retreat available to them and has had a reasonable chance to disperse."

Still, Dunn says he thinks police horses are effective for crowd control if used appropriately.

"If the contest is horse versus person, a person is never going to push a horse away. [Horses] are certainly effective in holding lines, and that's a perfectly appropriate use of them," he said.

Police horses may also help decrease injuries.

Sergeant Joseph Haertsch of the Los Angeles County Sheriff's Department is an advocate for mounted units and part of the North American Mounted Unit Commanders' Association, NAMUCA. He says police horses have a calming effect during tense situations.

He said he's arrested people in a patrol car, but it's different when he's on a horse. When a girlfriend or wife of the person being arrested is there, he said, "they want to hit you in the head with a pan and instead they are petting the horse."

"Nobody's ever come up to me and asked me to pet my patrol car," he said.

***
by Adam Wisnieski for Gotham Gazette

@GothamGazette

Mayor de Blasio, UFT President Mulgrew, and schools Chancellor Fariña (Rob Bennet/Mayor's Office)

NEW YORK - On Monday morning the Manhattan Institute convened a panel of experts to discuss the fiscal implications of the City's contract deal with the United Federation of Teachers (UFT). The panelists outlined the accounting steps Mayor Bill de Blasio's administration took to achieve the deal and the possible implications those moves may have when trying to settle the other roughly 150 municipal union contracts.

"It's clever accounting. It's not how I would do it, but I do think there are protections about what can and cannot happen," Charles Brecher, research director for Citizens Budget Commission, a nonpartisan fiscal watchdog group, said at the event. "The system put in place after the fiscal crisis, which requires the city to balance its budget using generally accepted accounting principles, more or less worked."

The UFT deal is designed to cover raises dating back to 2009, the first year the union was working under an expired contract. At the time the teachers contract was due to be renegotiated, the global economy was on the brink of collapse and the city was slashing its own budget as tax returns (revenue for the city) plummeted.

The teachers union was expecting two four-percent raises for 2009 and 2010 based on the pattern that had been set forth by the other union contracts that were settled. Then-Mayor Michael Bloomberg said, based on the economic outlook, the city could not afford the four percent raises for the UFT. When he offered less, they balked and the UFT had been without a new contract since.

The new UFT deal reached by the de Blasio administration establishes a seven year pattern of 10.4 percent using the following calculation:
-Fiscal Year 2012: no raise
-Fiscal Year 2013: 1% raise
-Fiscal Year 2014: 1% raise
-Fiscal Year 2015: 1% raise
-Fiscal Year 2016: 1.5% raise
-Fiscal Year 2017: 2.5% raise
-Fiscal Year 2018: 3% raise

Members of the UFT will also get a $1000 lump sum signing bonus in Fiscal Year 2014.

On numerous occasions, Mayor de Blasio has said publicly that this pattern will be used for all other unions going forward. Brecher called this a good pattern, one he hopes the mayor can indeed get other unions to follow.

It is how the administration dealt with the retroactive pay for 2009 and 2010 that could get it into trouble when negotiating with the other unions.

According to the generally accepted accounting principles, retro pay must be disbursed in one lump sum, something Comptroller Scott Stringer pointed out when he held his preliminary budget press conference on February 19. The City did not have the reserves to make that kind of lump sum payment, so the administration bartered with the unions, using several accounting methods to draw the retro payments out to 2021.

Brecher laid out the details at Monday's panel. First, instead of giving the UFT the two years at four percent, the City is giving the 2009 and 2010 retro pay over four years at two percent, beginning in May of 2015. To avoid having to pay the money upfront in this year's budget, these payments are being called "restructured conditional raises."

It adds up to the same percentage, but the union saw that the money its members were receiving less in the interim. So the City made another deal: the UFT figured out the difference in pay for each of its members if they would have gotten the four percent raises in 2009 and 2010 versus the longer drawn out payments. The union made the City pony up the difference.

So how would the City account for that money without calling it retro pay? By calling these lump sum payments. These payments will be made over five Octobers, with 75 percent being paid in fiscal years 2019-2021. The payments for teachers who retire after July 1, 2014 will be paid for in Fiscal Year 2014.

Both of these types of payments, the restructured and the lump sum, are conditional. To receive them, teachers cannot be fired or quit prior to the end of the contract.

According to Brecher, the city maneuvered - albeit creatively - the generally accepted accounting principles to get to a deal that has risks, but is within the rules. The City has received affirmation regarding its fiscal outlook from major bond rating agencies as well as both the city and state comptrollers.

Not everyone at the panel agreed though. After listening to Brecher's lengthy explanation of how the City made the deal, Nicole Gelinas, senior fellow at the Manhattan Institute, a conservative think tank, said, "If it takes that much to make this pretend to be affordable, it should give people pause."

She argued the City is paying in the future for work already done and is basically using teachers as a lending service.

"For 40 years, the city has operated under a budget system where it is not supposed to borrow to pay for current operating expenses, let alone for past operating expenses," Gelinas said. "This is exactly what this teachers contract does."

Gelinas said UFT President Michael Mulgrew has been telling his union's members they are entitled to get all the retro pay, and the mayor's office has not been disputing the claim, despite the fact they are not calling it retro pay in their financial documents.

"It's never a good sign if you are telling your investors and your accountants an entirely different thing than what you are telling the public," Gelinas said.

Ripple Effect
While Brecher and Gelinas have differing views on whether the de Blasio administration followed generally accepted accounting principles, they agree on at least one thing: this move could backfire in ongoing and upcoming negotiations with other unions.

The uniformed unions (police and firefighters among them) have already balked at the pattern of raises the mayor set, claiming it is too low. They have said they are willing to go to an arbitrator, where historically uniformed unions have been successful. Brecher said the uniformed unions could argue that the pattern is not the 10.4 percent, but actually the 19.5 percent (which includes the retro pay) because the additional money was not labeled retro pay and will be paid in the future.

Gelinas agreed, saying the unions could argue that "the City is saying these are in the future, so it should be part of future pattern bargaining, not past pattern bargaining."

In July the New York State Financial Control Board will review the fiscal implications of the new UFT contract. Neither Brecher nor Gelinas believes it will reject the deal.

***
by Kristen Meriwether, Gotham Gazette
@MeriwetherK

GENDA ralliers (Lori Van Buren/Times Union)

Supporters of the Gender Expression Non-Discrimination Act plan to launch a major end-of-session blitz targeting State Senate leadership and Gov. Andrew Cuomo in an effort to get the proposal to a vote this week. GENDA would make it illegal to discriminate against a person for their gender identity, whether it be in employment, housing, or public accommodations.

Nathan Schaefer, executive director of the Empire State Pride Agenda, says that his group plans to bombard Senate leaders with letters from elected officials and law enforcement heads from cities and municipalities across the state that have their own GENDA laws on the books. They also plan to take out advertising in City & State NY.

GENDA was first introduced in the Senate and Assembly in 2003 and has passed the Assembly eight times since 2007, but has never come to a vote in the Senate. With control of the Senate now split between Republicans and the Independent Democratic Conference (IDC) coalition, advocates have some hope that the IDC will use its influence to bring the bill to a vote.

"There has been progress, but the only progress that matters is a vote," said Sen. Daniel Squadron, who sponsors the bill in the Senate. When asked if there is enough support in the Senate to pass the bill, Squadron responded, "Every member's support on this matters, but I've continued to call on the leadership to bring this to a vote no matter how close it may be."

Advocates say they expect the support of all Democratic and IDC members except for Sen. Ruben Diaz, Sr. They are also unsure of Sen. Simcha Felder's stance - Felder was elected as a Democrat but conferences with Republicans.

The transgender community is particularly vulnerable as two out of three transgender New Yorkers have been homeless and thirty percent have been victims of violence, according to advocates.

Schaefer notes that almost 60 percent of New Yorkers live in localities with GENDA protections on the books. Cities including Albany, Binghamton, Buffalo, Ithaca, New York, and Rochester have GENDA laws, as well as counties including Westchester, Suffolk, and Tompkins. Sixteen states and the District of Columbia have GENDA laws - and President Barack Obama announced Monday that he will soon be signing an executive order barring federal contractors from discriminating based on sexual orientation or gender identity. New York supporters point out, though, that a transgender individual could live in a community with GENDA laws but commute to a job in an area where no such protections exist.

Opponents in the Assembly, such as Assemblyman Steve McLaughlin, have argued that the bill's language is too broad and could be used by sexual predators to gain access to women's restrooms. During the Assembly debate on the bill June 10th, McLaughlin said he "wasn't looking to discriminate," but neither was he "looking to hold the door open for a sexual predator."

Law enforcement heads from across the state support GENDA, including former NYPD Commissioner Ray Kelly, who wrote a letter to the Senate leadership in support of GENDA refuting opponents' claims that GENDA would decrease public safety.

"In 2002, the New York City Human Rights Law was amended by Local Law 3. Among other things, Local Law 3 protects against bias in areas including public accommodations," Kelly said. "I am not aware of any increase in crimes attributable to the passage of Local Law 3 in New York City."

Gov. Cuomo supports GENDA but has been particularly quiet on the issue. The New York Times editorialized in support of GENDA on May 26 of this year and put the onus to move the bill squarely on the governor's shoulders:

"The only real hope for enacting the bill this session rests on Gov. Andrew Cuomo, a supporter of the bill. "Working behind the scenes," as Mr. Cuomo's deputy secretary for civil rights, Alphonso David, says he and the governor are doing, is not enough. Mr. Cuomo needs to wage a strong and visible fight on this bill, as he did in his successful effort to push through same-sex marriage three years ago," reads the editorial.

Advocates agree that Cuomo's voice on the matter, let alone a major political push, could make all the difference.

Schaefer indicated that it is down to the wire this year and that the possibility that the Senate does not vote on the legislation is very real. The fight for GENDA could spill into the election season. "This represents our 12th year advocating GENDA. It is our top priority and we will be asking any candidate asking for our endorsement to support this bill."

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

New York City Hall

What to look for this week, via the City and Albany:

In non-World Cup news, there's a great deal happening this week in New York City and a lot to watch for in Albany as the Legislature enters it's final few days of the session and Zephyr Teachout officially kicks off her Democratic primary campaign for governor. Details of many key New York City-based events can be found below. Meanwhile, many in the City or who represent the City in the capital are wondering what will come from Albany regarding medical marijuana, GENDA, the DREAM Act, campaign finance reform, and many other big-ticket items. For most followers, the money's on zilch, but when it comes to Albany, you never know. There's likely to at least be a small flurry of activity this week on bills with less buzz, per usual end-of-session action.

While it could be a raucous week in the state Legislature, the City's has its own busy one on tap as council members hold oversight hearings while continuing to negotiate in private with the de Blasio administration ahead of a final budget agreement, which must be in place by July 1.

Speaking of Mayor Bill de Blasio, he starts his week appearing on Hot 97. He'll also speak at "the Day of Action kickoff" in Manhattan, an event that launches reachout on pre-k programming.

Comptroller Scott Stringer starts his week by releasing another report, this one on "Need for Workplace Flexibility to Boost New York City Economy."

Meanwhile, fresh off reports of some bizarre behavior on Sunday, the candidates in New York's 13th congressional district will continue to push toward the primary finish line. The June 24th primary is one week from Tuesday!

Oh, and the United States kicks off its World Cup play on Monday evening against Ghana (here's the rest of the schedule - we aim to please every reader!).

And, the run of the week in more detail:

New York City

Also on Monday
Monday morning, the Manhattan Institute and Students First NY co-host a morning forum, The NYC Budget and the Teachers' Contract, at which panelists including Nicole Gelinas of MI and Charles Brecher of CBC will discuss the de Blasio budget in general and the specifics of the UFT contract. One question on the agenda: "what does it all mean for the schools and for the city's future?"

At 9 a.m. on Monday, PETA will be depicting a crime scene outside of a horse carriage driver's cruelty hearing at New York City Criminal Court. There will be "a life-size fallen horse surrounded by crime scene tape."

At 11 a.m. on Monday State Sen. Gustavo Rivera, State Assembly Member Karim Camara, and advocates, will unveil a new bill to "Help Nearly 3 Million Noncitizen New Yorkers Become State Citizens, and to Win State Citizenship for Noncitizens Across the U.S." The event will be held at Battery Park in Lower Manhattan, "with the Statue of Liberty as a backdrop."

Lunchtime features the Empire State Pride Agenda's annual Equality @ Work Awards. The awards celebration "honors businesses and individuals with inclusive LGBT practices and policies." Honorees include Hilton Worldwide, Moody's LGBTA Employee Resource Group, and Todd Sears.

The City Council has an oversight hearing on the issue of aging out of foster care - at which the Committee on General Welfare will discuss several new relevant bills. Prior to this hearing, at 9:30 a.m., Public Advocate Tish James, several council members and advocacy groups will rally on the steps of City Hall to call for passage of legislation aimed at tracking youth transitioning out of foster care and improving inter-agency coordination.

Monday at 5:30 p.m. is the next meeting of NYC Votes' New York City Voter Assistance Advisory Committee (NYC Votes is an arm of the NYC Campaign Finance Board). Also Monday evening, the Rent Guidelines Board holds another hearing, at which Comptroller Stringer is set to testify.

Tuesday
There is an incredible amount happening on Tuesday. It might be like this every Tuesday in New York City, perhaps we've just pulled more together this week - but even if so, wow:

Retire NYC, "a conference on retirement security," hosted by the New York Central Labor Council, AFL-CIO, and Schwartz Center for Economic Policy Analysis will take place at The New School from 8 a.m. to 12:30 p.m. Speakers include both state Comptroller Thomas DiNapoli, city Comptroller Scott Stringer, Public Advocate Letitia James, and many esteemed panelists.

Stroock is hosting all five New York City District Attorneys in another of its Government Leadership Forums. The prosecutors will "discuss the opportunities and challenges they face on a daily basis."

Crain's is hosting a "Real Estate Conference: What's really driving the market," at which Deputy Mayor Alicia Glen is set to speak at the start and there promises to be discussions on "midtown vs. downtown" in the competition for corporate office tenants and on opportunity in "the outer boroughs."

There's also a New York Building Congress breakfast forum on Tuesday morning, at which DOT Commissioner Polly Trottenberg will be speaking. And, there's the New School's Center for New York City Affairs hosting Big Dreams for NY's Youngest Children: The future of early care & education, which will includes remarks from Maria Benejan of the city's Administration for Children's Services.

But wait, that's just the morning.

Also on Tuesday, the City Council's juvenile justice and women committees hold a 1 p.m. oversight hearing on young women in the New York City juvenile justice system.

Tuesday evening is the first of five public hearings being held by the city's Department of Education on the Citywide Contracts For Excellence Plan. There will be one hearing in each borough, making for "a public process that will further encourage parental and community involvement...The DOE will use the feedback in refining its final Citywide Contracts for Excellence Plan." Tuesday's is in Manhattan at Stuyvesant High School at 7 p.m. (Brooklyn hearing on Wednesday; Bronx on Thursday; Staten Island and Queens hearings next week).

Comptroller Scott Stringer hosts another of his Sandy oversight hearing/town halls, this one in Manhattan at Two Bridges Neighborhood Council's Goldie Chu Community Room. Stringer and a large continent of local government representatives invite constituents to "share your concerns and questions regarding recovery and relief."

Shifting to 2014 eleciton politics, state Senate candidate John Liu is holding a "kick-off fund raiser" Tuesday night in Queens - an event co-hosted by a long list of Democratic state senators. 

Lastly, Tuesday is one week til the primary in New York's 13th Congressinal District! Who's your money on? Tweet us @GothamGazette with predictions and use our guide to the race, which has key quotes from the candidates' four debate performances.

Wednesday
At the City Council on Wednesday, there is a mega-hearing being put on by the economic development, consumer affairs, and environmental protection committees "assessing the economic impact of New York City's failing infrastructure." It is the first hearing in a series. This one looking at "gas, steam, and water." 10 a.m., City Hall.

At 1 p.m. the Council's technology committee and its zoning and franchises subcommittee look at "DoITT's request for proposals concerning NYC WiFi and information hubs."

There are a few other council hearings on the schedule as well.

Wednesday evening, the Council hosts its 2014 LGBT Pride Celebration at the Great Hall at Cooper Union (doors 4:30, program 5:30).

And at 7 p.m. Wednesday evening, the Brooklyn Young Democrats meet for their second endorsement meeting, this one to look at Brooklyn state Senate and Assembly races. With turnout likely to be very low for the September 9th primary that will virtually decide every one of these seats (with a notable exception or two), backing from clubs who will help knock on doors and GOTV is as important as ever.

Thursday
The City Council's Thursday schedule features a civil service and labor committee hearing on "licensing car wash facilities," and, the economic development and small business committees meeting to discuss a resolution calling on the mayor to "revitalize the Mayor's Office of Industrial and Manufacturing Business and to expand the technical assistance the Office would offer manufacturing and industrial businesses in the City."

There are other council hearings on Thursday as well.

On Thursday evening, there is a Progressive NYC Fundraising Event being put on by Community Voices Heard and partners. The event, A Progressive Vision for New York City, will be hosted at 1199 SEIU and will feature opening remarks from Speak Mark-Viverito and a panel moderated by Dr. Christina Greer and including Council Members Brad Lander and Carlos Menchaca along with union and advocacy group reps. 

Friday
Not much on our radar for Friday - stay tuned though! (And as always, feel free to send notice: This email address is being protected from spambots. You need JavaScript enabled to view it.) 

And, more from Albany:
On Monday in the capital, Zephyr Teachout and her running mate Tim Wu will officially kick off their campaign seeking the Democratic nomination for Governor and Lieutenant Governor, respectively.

The Daily News reported last week that there will be a major "Capital Takeover" event on Tuesday in Albany as unions and advocacy groups call for passage of a bill to let New York City set its own minimum wage.

On Tuesday evening in Albany, City & State NY hosts its Albany Rising Stars 2014 event.

Generally speaking, the final week of the 2014 legislative session portends to be both busy and loud, if not actually productive. Both houses of the Legislature will likely move through a host of one-house bills while blaming each other for not passing companion legislation.

Advocates will be keyed-up and looking to pressure legislators into action. Last week State Police arrested 16 advocates for the disabled for demonstrating by disrupting Assembly session and staying in the Capitol after hours.

Three-way negotiations on medical marijuana could lead somewhere this week as the measure has grown in popularity and both the Senate and Assembly appear to be very close on language - but where Gov. Cuomo will land on the matter is unclear. Cuomo had his own medical marijuana proposal which was derided by advocates and ignored by the legislature.

A bill that reduces the speed limit on some city streets to 25 MPH could also pass both houses in some form as Sen. Jeff Klein stepped forward to sponsor a measure in the Senate. The Assembly bill already had a sponsor and is further reaching than Klein's so some negotiation will have to take place.

Don't expect to see action on The DREAM Act, campaign finance reform, the full Women's Equality Act, GENDA, another minimum wage increase, an education tax credit, or other hot button issues. The acrimony created by Cuomo's speech at the Working Families Party convention appears to have put an end to any major last-minute deals. Legislators are ready to focus on their re-election campaigns.

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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. (use "For Week Ahead" as a subject if you can).

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by Kristen Meriwether and Ben Max in New York City and David King in Albany
@GothamGazette

Mayor de Blasio announcing members of his press office (nyc.gov)

NEW YORK - On Monday June 9, the de Blasio administration surprised advocates and city council members alike by announcing the first-of-its-kind online City Hall FOIL tracker. It wasn't the idea - allowing citizens to submit and track Freedom of Information Law requests to the mayor's office online - that was the surprise, but the fact the announcement was made at a hearing on a bill that would legislate a much more robust version of exactly what the mayor's office was announcing.

Counsel to the Mayor Maya Wiley, who unveiled the City Hall portal, would not directly answer if the City supports the Open FOIL bill which would require the City to create an online portal to track FOIL requests of every city agency and display the data from completed requests. Wiley called the legislation "premature," but reiterated the City supports the same goal as the Council: to improve the FOIL system and bring greater transparency to government.

If the City Hall FOIL tracker was unveiled as a way to quell the call for legislation, it didn't work. Gotham Gazette reached out to the stakeholders behind the bill and found unanimous support for the legislation and an unfettered desire to continue to push for it.

"This legislation is here to stay," Council Member Ben Kallos, who is one of three lead sponsors on the bill, said following the hearing June 9. "It is here to be passed. It is here to become law. It is just a matter of time."

"The mayor's office has a good start, as far as their tracker, but I still support our legislation," Manhattan Borough President Gale Brewer, another lead sponsor, said June 11 at City Hall. She added she is open to meeting with the mayor's office to discuss their concerns and changes needed to get the bill passed. Kallos expressed a similar desire to work with City Hall on the bill.

Rachael Fauss of Citizens Union*, a good government organization that is part of the New York City Transparency Working Group, echoed Brewer's assessment, saying that the City Hall tracker is a small step in the right direction on transparency to build upon, while "The City Council's Open FOIL legislation is a much bigger step forward, and a proposal that we will continue to actively support."

Advocating on FOIL
The de Blasio administration pitched the City Hall FOIL tracker as an "excellent first step," one that would be used as a pilot for other agencies. But when pressed for a timetable or a plan to achieve that goal, Counsel Wiley had no specific answer. She said the administration wants to use its prototype and assess the FOIL systems at each agency before moving forward.

At first glance it appears the administration is taking proactive steps to address an issue that Mayor de Blasio brought up in 2013 when he was Public Advocate. But his solution and the manner in which it was unveiled has led some to question if the new tool is really a solution at all.

"Yesterday was a little bit of a song and dance from the law department," said Noel Hidalgo, executive director of BetaNYC and another member of the New York City Transparency Working Group, which helped draft the Open FOIL bill.

"As public advocate, [de Blasio] spoke about the frailties and the inefficiencies of FOIL," he added. "Yet it took them six months to announce they had a system in place from day one for City Hall? For me, it just doesn't line up."

As public advocate, de Blasio released a report in April of 2013 calling out then-Mayor Michael Bloomberg's administration for not having a transparent FOIL process. De Blasio took that message on the campaign trail in his bid for mayor, vowing, if elected, he would be the most transparent and accessible mayor ever.

During his first five months in office, de Blasio gave no public indication his administration was working to fix the FOIL system. According to Wiley, discussions about the City Hall FOIL tracker began in January, but word never reached the Council side of City Hall, particularly Council Member Kallos, chair of the government operations committee and an outspoken open data advocate. Kallos introduced his Open FOIL bill in mid-May, his solution to the very report de Blasio released in 2013.

While advocates agreed the City Hall FOIL tracker is indeed a good first step, they feel it misses the mark on what could truly be an open and transparent system.

"City Hall does not have an 'Open FOIL portal,'"John Kaehny, executive director of Reinvent Albany and the co-chair of the New York City Transparency Working Group, said in an email June 10. The site is missing key information, Kaehny said, such as the topic of the request or the details of the response. He also mentioned without knowing what information is being asked for, the public has no idea if certain types of information is never disclosed or always disclosed.

"In sum, the site doesn't show us much," Kaehny said.

According to Wiley, the tracker was built in-house using staff from the Management Information System team. When asked, she did not have a cost estimate for the project, or exactly how much time it took to build. The tracker does not use open source software, something Kallos includes in his Open FOIL bill and has proposed other legislation to increase throughout city government.

Partnering with Code for America, the City of Oakland used open source software to create its own Open FOIL system last year. The fact that the de Blasio administration didn't utilize that free tool for their own product came as a surprise to some.

"This seems to be a home-grown product, which is fine. But why reinvent the wheel when you have cities like Oakland that already have the software that is out there and in place that could have done the same job?" Hidalgo said.

A Curiously Quiet Release
For a site that was designed to increase transparency and meet a campaign goal of the mayor, the way in which the City Hall tracker was rolled out raised eyebrows.

Unlike many of the mayor's other initiatives, there was no press conference announcement. Instead, the announcement was made at the council hearing. While press conferences are not always called, especially for smaller initiatives, the mayor's office typically issues a press release for a new program of any significance. Neither happened: no press conference, no press release.

In addition, the tracker itself is difficult to find online. It is not on the home page of the City's website, NYC.gov, but several layers in, near the bottom of the "Contact the Mayor" page. The URL is a lengthy bunch of seemingly random letters and numbers, not something a citizen could easily remember or fully optimized for search engine results.

"To me, that doesn't show the steps you would think this mayor would be taking to bring about FOIL transparency and reform, particularly with their own understanding FOIL is broken across all the agencies," Hidalgo said.

When asked why there was no press release or a formal announcement, a spokesperson for the administration said there was media present at the hearing and the hearing was open to the public.

Heavy Lift?
During Counsel Wiley's testimony she repeatedly spoke about the enormity of the task of getting all city agencies to comply within a year, as the council bill mandates. She argued agencies have different protocols and each must follow different privacy and protection laws.

For the advocates and legislators, all of whom worked in some capacity on getting the city's Open Data law passed in 2012, that claim doesn't add up.

"I don't think the FOIL issue is as complicated as Open Data because people already FOIL," Brewer sad. "I am a little challenged by the fact it is so complicated to come up with these lists or to put things online."

She noted that with the Open Data law the City had legacy databases and in some cases didn't even know where all the databases were. FOIL requests are already answered on a daily basis.

"I am confident that this mayor can create 200,000 units of affordable housing and I am confident he can do universal pre-kindergarten," Gene Russianoff, senior attorney at NYPIRG, said at the hearing on June 9. "So I am also confident he can take on the issue of Open FOIL and make it a more open and transparent process."

The administration argued for a phased-in timetable instead of the one year outlined in the Council bill. The City made the same argument during negotiation for the Open Data bill of 2012. The City won and phase-in began and is to be completed by the start of 2018.

To Legislate or Not to Legislate, That is the Question
There is no question the de Blasio administration wants to reform the FOIL process, but it is resistance to legislation, at least for the time being. While advocates for the law appreciate the desire to change, they feel allowing the administration to implement changes on its own timeline is not the best way to go about reform.

"It would be a mistake for the City to proceed ahead without a law," Russianoff said by phone June 10. "It would make things much harder for the city if there was not a law."

He added, "Human beings are only motivated by deadlines. That is what you need, otherwise you have a giant headache of getting city agencies to comply."

It's not only about giving the City a timeframe and framework by which to comply, but by codifying reform into law, you ensure the changes stick for the next administration.

"As we saw last year, governments change. City governments take new directions. The laws [the City Council] passes are meant to stand changes in administrations," said Azi Paybarah, a reporter for Capital New York, who testified at the June 9 hearing. "It is nice to have that tradition, but what happens when governments change, administrations leave, officials leave? I think the idea there is no need for this legislation is overstating it somewhat."

Council Member James Vacca, another lead sponsor of the bill, said he sees the City trying to avoid legislation as the way the new administration has done business thus far. He pointed to a bill he introduced that would require the Department of Design and Construction (DDC) to notify New Yorkers 72 hours in advance when shutting off water for street repairs.

He said after introducing the bill he got a call from the DDC Commissioner to let him know DDC would do what he was asking. On that particular issue, Vacca felt it was enough and dropped the bill.

"Some council members may want the bill and the legislation and the hearing, and the bill signing, but someone like myself, at this point, I am here to get things done," Vacca said by phone June 10. "And if that means if there is not a bill bearing my name but I was instrumental in getting the desired outcome, that is fine with me."

When pressed about the benefits of legislating, Vacca said it depends on the issue, but in the case of Open FOIL, he doesn't feel future administrations would be able to go back on what the mayor's office is implementing.

"In this case I think once you give people transparency it will be very hard to backtrack," Vacca said. "I think it is irreversible based on the technology we have today."

He added, "So codifying it, in this instance, is not as much of a concern as it would be in other instances."

Vacca said, though, that he will continue to co-sponsor the bill and hopes to work with the administration to address its concerns and get the bill passed.

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by Kristen Meriwether, Gotham Gazette
@MeriwetherK
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*Gotham Gazette is an independent publication of Citizens Union's sister organization, Citizens Union Foundation