De Blasio & Cuomo (photo: Michael Appleton/Mayor's Office)
Happy New Year! As we get ready for 2017, there are, as always, many questions in New York politics. In early 2016, we asked 40 questions for the year ahead. This time, we’re asking 70 for 2017.
There's a lot to look for in the new year, including a mayoral race and other city elections; so here are our big political questions for the year ahead -- if you want to share them, answer any, or let us know one we missed, tweet @GothamGazette:
1. Will Bill de Blasio win a second term as Mayor?
2. Will de Blasio or any of his top aides be indicted?
3. Will U.S. Attorney Preet Bharara and Manhattan District Attorney Cy Vance clear de Blasio of wrongdoing well ahead of 2017 votes being cast?
4. Will Donald Trump make life miserable for Bill de Blasio or (and?) will de Blasio find new life as a strong anti-Trump?
5. What will de Blasio’s big 2017 initiatives be? What will his campaign platform look like?
6. Who will and who won’t endorse de Blasio for re-election?
7. How will de Blasio approach Governor Cuomo during 2017?
8. Will de Blasio use a veto for the first time?
9. Who will be de Blasio’s new commissioner for the Administration for Children’s Services?
10. Which high-level members of the de Blasio administration are next to leave?
11. What will the de Blasio administration’s next homelessness-fighting plan look like? Can its ongoing efforts reduce the shelter census?
12. Will de Blasio’s affordable housing plan continue to stay on track?
13. Will city schools show more improvement under de Blasio?
14. Will there be additional movement to desegregate city schools?
15. Will de Blasio insist on more budget savings from city agencies? Will there be a city budget crisis of some kind? What will Donald Trump's presidency mean for New York City?
16. Will the BQX streetcar project continue to move forward as planned?
17. What will happen at the city’s public hospital system?
18. How will the city’s ferry service and Citi Bike expansion programs go?
19. Will de Blasio and municipal labor unions negotiate new paid family leave benefits into their contracts?
20. Will de Blasio change his approach to the news media?
21. Who will win the special election in Harlem for Inez Dickens’ City Council seat?
22. What will City Council Speaker Melissa Mark-Viverito’s 2017 agenda look like?
23. Will Mark-Viverito further assert her independence from de Blasio as she nears the end of her time in the City Council?
24. Will the City Council pass the Right to Know Act?
25. Who will win the “empty” City Council seats to replace the seven term-limited members?
26. Who will emerge as the frontrunner(s) to be the next City Council Speaker?
27. What will Melissa Mark-Viverito do next?
28. What will Dan Garodnick do next? Other term-limited Council members (James Vacca, Annabel Palma, Rosie Mendez, Darlene Mealy, Vincent Gentile)?
29. Who will run for Mayor?
30. Will Scott Stringer or Hakeem Jeffries or Ruben Diaz Jr. take the plunge?
31. Can Sal Albanese and/or Tony Avella raise real money and gain any traction in the Democratic primary?
32. Is there a Republican or independent who can make a real run for Mayor against de Blasio (or another Democratic nominee)? Will Eric Ulrich run? John Catsimatidis?
33. What will emerge as the major issues of the mayoral campaign?
34. Will there be a plan in place to close Rikers Island jails?
35. How bad will subway delays and disrepair get?
36. How will the city’s different neighborhood rezonings progress?
37. Will crime continue to trend downward?
38. Will city pension fund performance rebound?
39. Who will win the Brooklyn District Attorney election?
40. What will happen with NYPD Officer Daniel Pantaleo?
41. Who will Preet Bharara bring corruption charges against next?
42. What will Governor Andrew Cuomo’s big 2017 initiatives be?
43. How will the corruption charges against several members of Cuomo’s orbit play out? How will legal proceedings affect Cuomo’s standing?
44. What happens next with Cuomo’s economic development programs?
45. Will Cuomo cede any power to outside monitors, oversight bodies, or investigative entities?
46. Will Cuomo’s massive infrastructure plan continue to progress? Will he be able to pay for it all?
47. How will Cuomo next seek to undermine and punish de Blasio? Will Cuomo endorse de Blasio for re-election? In the primary?
48. Does Cuomo continue to assert that he’s certain to run for reelection in 2018?
49. How will Cuomo and state legislative leaders get along this year?
50. Will the state Legislature increase its oversight activities to act as more of a check on the Cuomo administration?
51. Will Cuomo and legislative leaders move more budget and policy deliberations into the light of day, reduce the use of messages of necessities, and ensure that there is time for review of major legislation by the public and rank-and-file legislators?
52. Will the Comptroller be restored contract oversight powers stripped by Cuomo and legislative leaders a few years ago?
53. Will the Attorney General be given blanket authority to pursue public corruption cases?
54. What turns do the Cuomo-DiNapoli and Cuomo-Schneiderman relationships take?
55. What gubernatorial contenders for 2018 emerge, Republican, Democrat, independent, and otherwise?
56. Will John Flanagan’s leadership of the state Senate be challenged from within the Republican Party?
57. How much influence will Jeff Klein and the IDC have on the state budget and other policy in Albany?
58. Do new IDC members Jesse Hamilton and Marisol Alcantara stick with the IDC? Do mainline Democrats prepare attempts to unseat them in 2018?
59. Who emerges as new strong voices in the state Legislature?
60. Will lawmakers pass a pay raise for themselves and other government officials?
61. Will there be any movement on new state government ethics reform? Term limits? Outside income limits? LLC loophole closure? A new campaign finance system?
62. What will be the major budget and legislative issues of 2017?
63. What will happen on 421-a?
64. Will there be a ride-hailing bill passed that legalizes and regulates Uber and other such services in areas of New York outside New York City?
65. Will New York “raise the age” of adult criminal responsibility?
66. What will come of the Hoosick Falls water crisis? Other water quality and water infrastructure issues across the state?
67. Will Cuomo and legislative leaders move to release more of the hundreds of millions of dollars allocated toward affordable and supportive housing, and fighting homelessness?
68. Is the DREAM Act dead in New York?
69. Which state legislators win New York City Council seats or other elected offices, and who replaces them in state government?
70. Will a state Constitutional Convention be approved by voters via the November 2017 ballot question?
[LOOK BACK: We had 40 Questions for 2016 in New York Politics, see what they were and if you can answer them!]
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by Ben Max, Gotham Gazette
@tweetBenMax @GothamGazette
Bill Bratton departs (both photos: Michael Appleton/Mayor’s Office)
Gotham Gazette's Top Ten Storylines of 2016 in New York Politics:
10. Bill Bratton Leaves ‘On Top’
In an extraordinary send-off -- his own mini-parade -- Bill Bratton departed 1 Police Plaza on September 16, 2016 for the final time as NYPD commissioner. For about two-and-a-half years Bratton was Mayor Bill de Blasio’s police commissioner and the arrangement worked mostly well for both: Bratton had the job and power in it that he wanted, de Blasio had political cover on his most sensitive issue, and crime continued to trend downward, silencing (or at least quieting) some de Blasio critics.
When Bratton announced his departure, few were shocked. It created a new vulnerability for de Blasio, but also came with a silver lining -- while Bratton gave de Blasio key political cover and got some key results that de Blasio needed, he was himself a political figure, prone to speaking his mind no matter what the de Blasio company line may have been, perpetually battling with the City Council, and the embodiment of his controversial brand of Broken Windows policing.
De Blasio quickly replaced Bratton with then Chief of Department James O’Neill, who he attempted to label not as the broken windows commissioner, but the architect of the new neighborhood policing.
In most quarters, Bratton’s legacy is as a top policing leader, one who continued to oversee crime drops in New York City even as there were 2016 spikes in other cities around the country, and, for some, despite working for a mayor who doesn’t get “law and order.” In other quarters, Bratton is known as the purveyor of an antiquated, racially-biased system of over-policing who did little to change overall NYPD culture or hold badly-performing officers accountable.
Though Bratton did continue to implement broken windows, with its focus on strict enforcement of low-level crimes in order to prevent disorder and more serious crime, he and de Blasio also oversaw several significant policing reforms from 2014 through 2016. These included reductions in street stops and arrests for low-level crimes, including possessing small amounts of marijuana, a new training regime focused on de-escalation, and more. Under Bratton, de Blasio and the City Council agreed to add about 1,300 additional officers to the NYPD force.
Bratton should also be remembered as the central figure who helped de Blasio get through his most challenging period thus far as mayor: the murder of two police officers in December 2014 and subsequent NYPD revolt, during which officers turned their backs on the mayor and then engaged in their own work slowdown. For several weeks Bratton was the voice and face of the administration, making a variety of local and national media appearances -- then and throughout his tenure, Bratton full-throatedly vouched for de Blasio.
9. Criminal Justice Reform Act & More at the City Council
Under the leadership of Speaker Melissa Mark-Viverito, the New York City Council continued its progressive policy push in 2016. There’s perhaps no better example of this than the Criminal Justice Reform Act, which created an altered legal paradigm for enforcement of low-level nonviolent offenses like being in a park after dark, having an open container of alcohol, public urination, and more.
The CJRA was not the blanket decriminalization of some low-level offenses that Mark-Viverito and other Council members may have wanted, but it was, to them, a good compromise with Mayor de Blasio and Police Commissioner Bratton. The offenses included will now mostly be handled in civil court as opposed to criminal court, avoiding arrest and a criminal record for thousands of New Yorkers, while saving the city money, keeping people out of jail, reducing the criminal justice system’s backlog, and continuing to crack down on all the same behaviors. (NYPD guidance about carrying out the CJRA won’t be public until sometime in the first half of 2017, so there is more to be seen and judged here.)
Along with the CJRA, the City Council and de Blasio in 2016 moved through a variety of other policies that fit with their promise to create a more fair and just city. It is worth noting that on many fronts, including the CJRA, there are voices on the left saying they did not go far enough. But, in terms of moving city public policy leftward, there is the CJRA, along with other examples like new protections for freelancers and grocery store workers; expanding access to feminine hygiene products in city schools, shelters, and prisons; additional steps to make the city more environmentally-friendly; and more.
Also at the City Council in 2016, pay raises for city elected officials were passed. This included raises for Council members, but also major reforms to the position of Council member, formally making it a full-time position and banning outside income, as well as eliminating bonuses for chairing committees.
8. De Blasio Pushes Affordable Housing, Battles Homelessness
Mayor de Blasio saw a major legacy achievement pass in 2016: mandatory inclusionary housing, which requires certain percentages of affordable housing within new residential developments where an upzoning occurs. De Blasio and his City Council partners call this the most progressive zoning for affordable housing in the country, and it is an important piece of the mayor’s larger affordable housing plan.
MIH, which passed in March, is only one piece of that plan, though, which is more focused on preserving affordable units (rental apartments with certain rent caps) than on building new ones. De Blasio’s administration continued to come to deals to preserve affordable units in 2016 and appears to be on pace for its goal of 200,000 units over 10 years. Neighborhood rezonings also come into play here, and the city passed the first under MIH and de Blasio’s bigger plan to rezone about 10 areas of the city with the East New York rezoning in April.
New housing units, especially at the lower end of the affordability spectrum, can’t come online fast enough. While de Blasio and his allies are moving ahead with new and preserved affordable housing, homelessness continues to reach record highs in the city and as 2016 ends the mayor is regularly admitting that his administration needs to do more to battle the crisis -- which now includes about 60,000 individuals, almost half of them children, living in homeless shelters.
De Blasio has promised more of a plan on homelessness early in 2017, but the issue has perhaps become his biggest policy failure. The mayor and his team are quick to point out that their rental assistance, eviction protection, and other measures have kept homeless numbers from reaching even higher heights. And, they correctly point to past and ongoing failures by others at the city and state levels on homelessness-prevention and affordable housing requirements that have contributed to an escalating crisis.
7. Cuomo’s Infrastructure Focus
Governor Andrew Cuomo has outlined a $100 billion infrastructure plan that dots the state in projects related to its roads, bridges, tunnels, airports, convention space, and so on. The governor ends 2016 on a victory lap for getting the first phase of the Second Avenue subway open (Cuomo will take an inaugural ride New Year’s Eve; it’s set to open to the public January 1), and tying it to his larger plan. When discussing his grand plans -- some of which don’t have full or transparent funding appropriations -- Cuomo talks of his ambition as a builder in grand, historic terms, claiming that he has led New York into a new era of thinking big after decades of small-mindedness.
Cuomo’s focus on infrastructure is smart, as long as he can pay for it responsibly. Some want to see him invest even more in the MTA, given the problematic state of New York City’s subway system, which is rife with delays and overcrowding. The state is investing tens of billions into the MTA, but for Cuomo there are also new and sexier things to build, and other parts of the state to attend to.
Cynics also see the governor’s infrastructure push as a helpful distraction from continued dysfunction in Albany and corruption in state government, including Cuomo’s own administration (see more on these topics below). Regardless, Cuomo knows that his infrastructure push will leave him with a physical legacy that few elected officials can claim. He may need re-election to a third term in 2018 to make sure that several pieces of his plan get executed as intended.
6. Cuomo-De Blasio Feud Continues
Yes, this is still happening. As New Yorkers know all too well, Gov. Cuomo and Mayor de Blasio barely speak to each other and don’t hold joint events, even when they should. They can’t bring themselves to appear at the same event unless absolutely necessary, and even then they go out of their way to avoid each other. While it makes for a few good jokes at the annual Al Smith Dinner (one of few occasions where they do share a dais), the two Democrats’ ongoing feud is not good for New Yorkers and makes both look petty and small.
While de Blasio has made his mistakes in navigating the relationship, Cuomo continues to deserve more of the blame for the situation and appears to play a dangerous game in which he regularly leverages his governmental power to undermine de Blasio.
The two have warred over a long-list of issues including funding for the MTA, CUNY, Medicaid, and affordable housing; homelessness policy; responses to Ebola and Legionnaires’ Disease; and much more. They even took their feud to the Democratic National Convention, where they called for party unity behind Hillary Clinton, while displaying none such unity themselves (again, this was more on Cuomo than de Blasio).
Cuomo and de Blasio managed to take a joint tour of the site of a bombing in Chelsea earlier this year (pictured), but couldn't manage to hold a joint press briefing.
Is there any hope for peace and reconciliation -- not to mention good, collaborative city-state governing -- in 2017? In a word: no. But, as 2016 ends the two have mostly settled into a ceasefire of sorts (their spokespeople continue to trade public barbs, but the electeds themselves have largely holstered their guns of late). Two key potential turning points loom on the horizon, though: the governor’s upcoming executive budget, which he’ll release in January, and the mayor’s re-election campaign.
5. New Leaders, Same Albany
2016 was the first full year in power for Assembly Speaker Carl Heastie, a Bronx Democrat, and Senate Majority Leader John Flanagan, a Long Island Republican. In 2015 they became two of the “three men in a room” in Albany, negotiating major budget and policy deals with Gov. Cuomo. Despite the new leadership -- Heastie and Flanagan took over for disgraced predecessors who are headed to jail -- state government continued to function in its typical fashion: minimal transparency, questionable budgeting, and major spending and policy packages passed in the middle of the night with little public review, even by rank-and-file legislators.
Meanwhile, the two legislative chambers continue to disagree about how to address lawmakers’ ethics and campaign finance reform, with Senate Republicans unwilling to limit legislators’ outside income, close the infamous LLC loophole, or institute a public-matching campaign finance system like New York City has. Assembly Democrats, for their part, are against term limits and have done little to push budget and legislative negotiations into the light of day.
4. Election Results Boost GOP
Clinton Loses, Trump Presidency Looms Over New York; State Senate Stays Republican
New York was the center of the political universe in 2016, with both major party presidential candidates calling the state home, hosting their campaign kick-off events in New York City, and, as it all came to an end, holding their election night gatherings in the city as well. The result was not what most New Yorkers wanted, of course, as Donald Trump won the presidency despite losing his home state to Hillary Clinton, largely due to an especially wide margin in New York City.
As New York Democrats continue to reckon with Clinton’s loss, they are also facing Trump’s win. Both Gov. Cuomo and Mayor de Blasio (each being discussed as a possible 2020 presidential candidate) have promised to fight Trump if he attempts to follow through on some of his most extreme campaign promises, each reasserting their version of New York values since Election Day.
The president-elect has promised to freeze federal funding to so-called sanctuary cities, which are more immigrant-friendly, including welcoming undocumented immigrants, which could cost New York City about $7 billion in the next budget. However, it is not clear whether Trump would actually try to enact such a freeze or if he would be able to if he tried (legally, he would have to take different budget appropriations individually).
Budgeting and policy tie together, of course, and as de Blasio has repeated regularly, it’s not really clear where Trump and his top cabinet officials will try to take the country, though they are likely going to attempt significant reconfiguring of health care, tax, immigration, and other major policy areas, all with significant impact on New York. Right now it’s both wait-and-see and try-to-influence Trump and other federal officials, with much hope residing in New York’s Charles Schumer, who will become Senate Minority Leader.
Democrats not only thought this would be their year to win another presidential race, but to take over the state Senate here in New York, and thus all of statewide government. While we won’t know for sure until the new state Senate is seated and its rules adopted in early January, it is looking almost certain the Republicans will continue to control the 63-seat chamber, offsetting Democrats’ control of the Assembly.
If the GOP does indeed control the Senate, it promises to continue to keep the brakes on some of the more liberal policies that Gov. Cuomo and other Democrats may be seeking in 2017, some of which are long-standing priorities that the GOP has blocked: the DREAM Act, Raise the Age, codifying Roe v Wade in state law.
Others, perhaps even Cuomo if you gave him truth serum, argue that GOP control of the Senate helps keep balance to state government, including fiscal responsibility. As always, there’s a lengthy agenda for state lawmakers in the new year, including things like legalizing and regulating app-based car services like Uber, but the governor’s State of the State and executive budget will give more form to the initial negotiations.
3. State Minimum Wage, Paid Family Leave Programs
The state budget passed on April 1, 2016 included a $15 per hour minimum wage program with different phase-ins by region and paid family leave mandates, placing New York among the national leaders on both. While some conservatives balk at the potential damage of the minimum wage plan to businesses and overall employment, Cuomo made it his signature issue of early 2016 and sees it as a major legacy accomplishment. The wage is about to make one jump as the year ends.
Meanwhile, the paid family leave program will begin to be phased in during 2018 and is seen as another leading progressive victory for Cuomo and his partners in government and beyond. More so than the minimum wage, Republicans are also celebrating the paid family leave policy.
2. Albany Corruption
Scandal again rocked state government this year. But in 2016 it was less the state Legislature and more the Executive Chamber: top associates of and donors to Gov. Cuomo were indicted in an alleged scheme involving bid-rigging, bribes, and kickbacks largely centered on the governor’s Buffalo Billion economic development program.
Among those charged are longtime Cuomo friend, aide, and enforcer Joe Percoco; the longtime head of SUNY Polytechnic Alain Kaloyeros, whom Cuomo worked closely with and heaped praise and power upon; and several major donors to Cuomo’s campaigns who won large state contracts. Cuomo has denied any knowledge of wrongdoing and has not been charged with any crimes. He has also made some changes to state practices and promised other reforms. They are moves that watchdogs call insufficient. Cuomo hasn’t announced support for restoring contracting oversight powers stripped from the state Comptroller or giving the Attorney General blanket power to investigate and prosecute public corruption (something Cuomo called for when he was AG).
1. City Hall Scandals
People close to Mayor Bill de Blasio just want 2016 over with. What started out a promising third year in office for the mayor quickly turned sour -- and largely stayed that way -- when a series of law enforcement investigations into the mayor and his allies came to light. While a couple of controversial items, like the Rivington House saga, appear to be behind de Blasio and company without charges of criminal wrongdoing, 2017 does not at this point appear to offer much respite from controversy.
The New York Times recently reported that there are two different grand juries hearing evidence related to actions by de Blasio and his allies, one related to their involvement in 2014 state Senate elections and another related to whether donors to the Campaign for One New York were promised or received favorable government action. It is not clear whether de Blasio himself could be indicted, but anything short of no charges being filed against anyone will be extremely problematic for the mayor, and the city, given the distraction. Any time de Blasio and his aides are focused on legal issues and not their government work, the city suffers. De Blasio has maintained that he and his allies are innocent, that they not only followed the law, but also ethical guidance. Still, investigators appear to have at least found enough to assemble the grand juries (one state, one federal), and de Blasio and his team clearly at least blurred some ethical lines.
Much of 2016 was dominated by the Rivington House mess, questions about the Campaign for One New York, which took in millions from entities with city business, and decisions made by de Blasio and his political and governmental teams. Those teams have also had blurred lines, with the now-infamous “agents of the city” designation coming to light this year, followed by many questions around de Blasio’s relationships with private sector consultants who regularly advise him while they work for clients with city business.
How those grand juries and any other ongoing investigations turn out will have immense impact on de Blasio’s 2017, re-election bid, and life and career beyond. If the mayor can survive the proceedings, he’ll be a heavy favorite to be re-elected.
That raises one other key story of 2016, not listed above: ongoing rumblings about who may challenge de Blasio. As 2017 begins, several big names (Scott Stringer, Ruben Diaz Jr., Hakeem Jeffries, Christine Quinn) are still on the sidelines.
[Revisit: Top Ten Stories of 2015 in New York Politics]
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by Ben Max, Gotham Gazette
@tweetBenMax @GothamGazette
Gov. Cuomo (photo: The Governor's Office on flickr)
In the wake of the financial collapse and the Great Recession, New York City and State officials began to rake in enormous sums of money from settlements with major banking institutions.
Because New York is the major financial industry hub of the world, local officials have jurisdiction over these institutions, and thus related fines, forfeitures, and restitutions. In deals made outside of the budgetary process, New York officials like the Attorney General, and Manhattan District Attorney, and the U.S. Attorney for the Southern District of New York have accrued billions of dollars from settlements.
Where this money goes and how it gets spent are often mysteries. The procedure for allocating settlement money is opaque, and inconsistent across government entities. When asked, U.S. Attorney Preet Bharara's office did not explain its process for distributing settlement monies. The offices of Attorney General Eric Schneiderman and Manhattan District Attorney Cy Vance did provide some details to Gotham Gazette.
In the early stages of a typical process, parties involved in the investigation confer to determine possible settlement terms. Negotiations take place behind closed doors, with ample room for flexibility.
When settlements are reached, there are often many vagaries. A 2013 J.P. Morgan settlement with the Department of Justice, for example, used broad language like “permissible purposes for allocation of the funds include, but are not limited to" and funds can be spent "to otherwise promote the interests of the investing public."
Settlement terms typically stipulate direct consumer relief—offered by the banks themselves to affected parties—along with a cash component for investigators. This money is then usually used at the discretion of the settling investigator, such as the Manhattan District Attorney’s office. It can be used to fulfill political promises, bolster pet initiatives, or create new priorities. It can also give an unfunded agenda new life.
Cash is, of course, highly prized, and officials may contest who has jurisdiction over settlement money, which is often split among parties. In the past, Shneiderman and New York Gov. Andrew Cuomo have sparred over such collections.
Government entities at times hire their own third-party monitors to oversee usage and efficacy of settlement spending, bringing into question whether there are sufficient, independent checks to prevent settlement sums from becoming political slush funds.
Using settlement funds, prominent officials have recently invested in specific sectors: Vance has invested in criminal justice reform, Schneiderman in housing programs, and Cuomo in infrastructure.
Cuomo's has been the most contested of officials who have had settlement monies to spend. The money at Cuomo’s disposal has come from a combination of settlements with the Department of Financial Services, which Cuomo established in 2011, and some see as an effort to supercede work typically done by other government entities, like the Attorney General (while Cuomo is a former Attorney General, he is known to be territorial and has not had a terribly cooperative working relationship with Schneiderman).
With billions of dollars at his disposal, Cuomo created the Dedicated Infrastructure Investment Fund (DIIF) in the fiscal year 2015-16 Enacted Budget. The DIIF is a capital projects fund for nonrecurring expenditures, residing in the broader General Fund.
The DIIF has allowed the governor to bolster weaker tax collections and reallocate money at will, spending on both capital and noncapital purposes. The DIIF is structured to allow maximum flexibility with minimal oversight, garnering criticism from State Comptroller Tom DiNapoli, among others.
Settlement money has been a huge boon to Cuomo’s ambitions for the state. He has spent billions toward his $100 billion infrastructure agenda, which includes a new Tappan Zee Bridge, airport upgrades, and much more.
Billion-dollar investments in the Thruway Stabilization Program, Upstate Revitalization Initiative, and Javits Convention Center Expansion have also provoked questions, especially as the governor’s oversight of his Buffalo Billion economic development project has been inadequate, leading to multiple indictments of parties involved.
Each major official who has secured significant settlement funds has charted his own path, investing in a chosen agenda.
Manhattan DA Vance
From 2009 to 2016, the Manhattan District Attorney's Office has collected roughly $12 billion in settlements, with $3 billion going to city and state treasuries, and around $807 million remaining under the DA office’s control, according to an October Citizens Budget Committee report.
Settlement terms have stipulated that this money go to criminal justice projects, leading Vance to form the Criminal Justice Investment Fund. He has used money to both plug budget gaps and fund new projects like a John Jay College of Criminal Justice institute designed to educate prosecutors.
"It's a once in a generation opportunity," Vance said at an October Citizen's Budget Committee event.
According to Vance's office, all funds have been deposited into accounts registered with the city Department of Finance, subject to audit by the city Comptroller. Some are directed by federal guidelines through the Equitable Sharing Program, by which the Department of Justice distributes forfeitures to the law enforcement agency involved in the investigation.
The DA has chosen the CUNY Institute for State and Local Governance to develop funding recommendations and monitor progress.
Vance’s office says settlement resources are funding transformative initiatives. Maggie Wolk, director of planning and management for Vance, told Gotham Gazette that the money will support a “21st century crime-fighting” agenda. Rather than innovative projects, initial settlement money was used to cover existing needs, such as NYCHA security, like exterior lighting upgrades, which are seen as key to fighting crime.
Other funds from Vance have strengthened safety nets: in-prison education, at-risk youth diversion programs, and the Mayor's Task Force On Behavioral Health and Criminal Justice. Vance’s office is also funding a national program to reduce the sexual assault backlog by testing rape kits across the country.
The DA’s most innovative project is the Global Cyber Alliance (GCA). Created in 2015, the GCA is a coalition of more than 120 global partners who collaborate to develop risk solutions for reducing terror, cyber, and financial crimes. Vance is in regular contact with the commissioner of the London police for this project. A November symposium at the Federal Reserve Bank of New York––hosted by Vance––included the U.S. Secretary of Homeland Security Jeh Johnson, and former NYPD Commissioner Bill Bratton.
The GCA is the type of initiative that might not exist without settlement funds, but that Vance is able to invest in significantly. Because of the autonomy of district attorney offices and Vance’s Manhattan jurisdiction, he has been in prime position to recover funds and determine how he wants to spend them.
In November 2015, The New York Times reported on Vance’s windfall, highlighting his investments in reducing the sexual assault backlog, the GCA, and the John Jay College of Criminal Justice. The piece also raised the question of the amount of oversight involved in these expenditures -- a common theme among top officials who all-of-a-sudden came to control billions of discretionary dollars.
Attorney General Schneiderman
Attorney General Schneiderman’s office says it has collected $5 billion since the financial crisis, using available cash to create programs to support those affected by the mortgage crisis.
“These programs have already provided unprecedented assistance to homeowners and communities across the state,” Schneiderman said in a statement to Gotham Gazette, referring to programs protecting homeowners at risk of foreclosure and communities struggling with vacant and blighted homes.
Schneiderman’s first settlement was in 2012, when 49 states, along with the federal government, reached a $25 billion agreement with some of the nation's biggest mortgage servicers: Ally/GMAC, Bank of America, Citi JPMorgan Chase, and Wells Fargo.
From the settlement, the Attorney General's office received $135 million -- a sum, according to Citizens Budget Commission's David Friedfel, "relatively small in comparison to overall amounts." Schneiderman has faced challenges in getting or keeping settlement money as Cuomo has encroached.
One of Schneiderman's first ventures using settlement funds was the 2012 launch of the Homeowner Protection Program, which provides homeowners with mortgage assistance, including housing counseling and legal services. A December press release details that the Attorney General planned to add another $20 million to his existing $100 million investment in the program.
Another initiative, the Mortgage Assistance Program, created in 2014, provides loans to homeowners at risk of foreclosure. A May 2016 press release reported that the Attorney General has distributed $18 million in loans to preserve $153 million of property value.
Schneiderman has also funded a series of long-ignored land banks: nonprofit organizations that acquire, rebuild, or demolish vacant, abandoned, or foreclosed properties. This investment came in the wake of a 27% increase in vacant and distressed properties between 2000 and 2010, according to the AG's office. Schneiderman initially allocated $12.5 million, and later another $33 million.
A November 2016 report from the AG’s office says that in the past three years, ten land banks have reclaimed approximately 2,000 properties, returned 700, and demolished 400, saving $19 million in property value. That month, the AG announced an additional $20 million in funding.
Like Vance, Schneiderman selected his own oversight committee, tapping Enterprise Community Partners to conduct regular reporting on his uses of settlement monies.
Questions remain about the process of dividing funds among parties relevant to an investigation. Schneiderman's office provided a vague picture of negotiations with settling parties, Cuomo’s office, and other offices like the Department of Justice.
Once terms are determined, money is sent back to the state where it becomes the decision-making jurisdiction of the Legislature and Governor. At this point, the Attorney General is removed from proceedings.
The early stage of negotiations can prove contentious; in January 2014, New Yorkers caught a glimpse of this infighting.
In a landmark $13 billion deal with JPMorgan Chase, Schneiderman negotiated terms that gave him control over a $613 million sum. Cuomo argued that all the money should go into the state treasury. After a public feud, the two reached a deal where Schneiderman diverted $81.5 million to Cuomo, to be used specifically for housing programs.
A New York Times editorial placed blame on Cuomo, calling the exchange an “unnecessary fight.”
Governor Cuomo
According to a November update from state Comptroller DiNapoli, New York has received or is expected to receive approximately $9 billion in settlement funds from the beginning of state fiscal year 2014-15 through the middle of state fiscal year 2016-17, which is the current one and ends March 31.
According to the same update, in fiscal year 2015-16, settlement revenues were 3.7% of State Operating Funds.
Then there’s Cuomo’s Dedicated Infrastructure Investment Fund (DIIF), which, as of the fiscal 2016-17 enacted state budget, was appropriated almost $7.4 billion. The DIIF is an opaque capital projects fund for nonrecurring expenditures.
In his update, the comptroller said appropriation language is "broadly worded" to provide "significant flexibility.” These “mostly unrestricted” funds can be used for non-capital expenses and even transferred back into the General Fund in case of economic downturn or other needs.
Through the middle of fiscal 2016-17, roughly $1.6 billion has been used for noncapital expenses, according to the comptroller’s update.
“The public at large doesn’t know what the government is spending their money on,” said David Friedfel of Citizens Budget Commission, a nonpartisan, nonprofit watchdog. "The appropriations language essentially says that they can use the money for whatever they want.”
E.J. McMahon, research director at the Empire Center for Public Policy, feels the same. "It's basically a grab-bag of different projects that are meant to be politically appealing as much as anything."
Governor Cuomo is using settlement dollars to compensate for tax collections that have seen a decline of $1.3 billion in fiscal 2016-17 over the year before, with personal income tax collections down 3% in the same period year-over-year, according to the comptroller’s update. The state fiscal year begins April 1. Cuomo will be outlining his proposed fiscal 2017-18 budget in January.
In a November press release, DiNapoli further questioned Cuomo's actions. "The use of settlement resources for ongoing spending and to boost the state's bottom line may be obscuring New York's true fiscal position, and leaving uncertainty for the commitments already made,” DiNapoli said.
Both Friedfel and McMahon noted that settlement funds could have been used to pay down long-term debt, which is $63 billion, according to a March 2016 Comptroller report. "One of the other acceptable uses other than debt reduction would've been to take another big chunk of it and put it in reserve. But he didn't do that either," McMahon said of Cuomo. "He's having his cake and eating it too."
Projects
The fiscal 2016-2017 Enacted Budget Financial Plan details that $2 billion is going to the Thruway Stabilization Program. According to the governor's office, around one third of this money will go to supporting core infrastructure, and two thirds to the construction of the new Tappan Zee Bridge.
The Tappan Zee replacement (the New NY Bridge) has been a longstanding Cuomo initiative that the governor is, in part, staking his legacy on. Some believe more of the Thruway money should have been spent on less-sexy existing infrastructure.
Friedfel and McMahon took issue with this allocation, which each called a "blank check" to the Thruway Authority. The governor's office denied this was the case.
McMahon argues that the Thruway should not have been the highest priority, citing that the Metropolitan Transit Authority (MTA) only received $250 million to open a Metro-North link in Penn Station.
"The Thruway is not to the rest of the state as the MTA is to downstate," McMahon explained. "There's no comparison."
The governor has also dedicated $1.7 billion of settlement funds to the Upstate Revitalization Initiative (URI) to incentivize economic development.
In this initiative, Regional Economic Development Councils––public-private partnerships made up of local experts and stakeholders––submit development plans to a committee including the New York Secretary of State. Those deemed to have the strongest plans receive a total of $500 million to enact their projects.
In supporting the investment, a representative of the governor's office cited a drop in unemployment since URI’s institution.
“New York’s fiscal discipline under Governor Cuomo has made it possible to dedicate these unplanned settlement dollars to capital projects that will have a huge economic impact,” said Morris Peters at the State Division of the Budget. Cuomo has staked much of his tenure on restoring fiscal sanity to the capital, including a 2 percent cap on annual spending increases in the operating budget.
Experts have concerns about the potential return for taxpayers from URI and other economic development investments made by Cuomo, and recent corruption indictments of eight Cuomo aides, associates, and donors have raised additional oversight questions.
The governor's website states that the URI is "modeled after the success of the Buffalo Billion Initiative,” which is at the center of the corruption scheme including bid-rigging and kickbacks.
The third largest DIIF investment is a high-profile Jacob Javits Center expansion on Manhattan’s west side, to be reimbursed by bond proceeds issued in fiscal years 2020 and 2021. The governor claims that the expansion will generate 4,000 full-time jobs, 2,000 part-time jobs, and $393 million in new economic activity, annually.
A January 2016 press release stated that the center will be paid for "within existing resources."
According to Friedfel of CBC, the expansion loan did not even exist in Cuomo’s executive budget, but later appeared in the adopted budget, raising more questions about how windfall dollars are distributed behind closed doors.
***
by Benjamin Jurney for Gotham Gazette
@benjurney @GothamGazette
Note: this article has been corrected to remove mention of Comptroller Tom DiNapoli from among those offices that have won bank settlements.
(photo: Kevin Caraballo for NYC Schools)
As the job market has evolved over the past several decades, job requirements have become more and more specialized, requiring degrees and certifications that were not previously necessary. This has forced many who would not previously have considered higher education to pursue postsecondary programming.
In 1973, 28 percent of jobs nationwide required some level of postsecondary education. By 2018, that number is expected to hit 63 percent. This shift has led to a shift in what the postsecondary student population looks like, and these trends have exposed a gap in education offerings.
“The economy is becoming more and more dependent on skilled workers,” said Christian Gonzalez-Rivera, senior researcher at the Center for an Urban Future and author of a new report on “nontraditional students” and their paths to postsecondary degrees. “Employers who once hired people right out of high school for manufacturing are now looking for people with some postsecondary education, whether that’s a Bachelor’s degree, or an Associate’s degree, or a credential in a specific field.”
New York state is no exception to this trend. According to a new CUF study, New York’s public higher education systems, the State University of New York (SUNY) and the City University of New York (CUNY), have seen a large influx of what CUF calls “nontraditional students”-- any student that is over the age of 25, enrolled part-time, working with a full-time job while attending school, raising children, or providing for dependents.
According to the study, The New Normal: Supporting Nontraditional Students on the Path to a Degree, “in New York City, 27 percent of community college students are aged 25 and older, 50 percent have a paying job (52 percent of working students work more than 20 hours a week), and 16 percent have children who they are supporting financially.” Additionally, one in four CUNY students are adults (25+).
“The student body is rather different from what it used to be. While the traditional student is somebody who attends school on a full-time basis, perhaps does a four-year program...increasingly you’re finding a lot more students who are adults or who already have children or are taking care of sick or elderly relatives who also need to go back to school because they know they need to increase their skills if they’re going to compete in today’s labor market,” said Gonzalez-Rivera in an interview discussing the report.
CUF reports that there are currently 139,501 students enrolled on a part-time basis at community colleges operated by SUNY or CUNY. In 1980, 32% of students nationwide attended community college part-time; 42% now do so. Part-timers at SUNY have a 28 percent graduation rate, while at CUNY that number is 24 percent.
“The problem with attending on a part-time basis is that it takes too long, it costs too much and because it takes so long it increases the chances that something’s going to get in the way,” Gonzalez-Rivera said. “The chances increase that you’re actually going to get derailed before you finish.”
While nontraditional students now make up a significant proportion of students in New York’s public higher education systems, these systems have failed to keep up with the changing demographics of their students. “State and federal education policy haven’t really kept up with that new trend,” according to Gonzalez-Rivera. “As a result you have really, really low graduation rates at community colleges.”
CUF’s report proposes several policy changes that would make higher education a lot more feasible for nontraditional students. Some smaller changes include block scheduling, more intensive and proactive advising aimed at preventing failure before it occurs, and “wrap around services” that provide help with non-academic issues such as child care or accessing public benefits.
Gonzalez-Rivera calls them “guided pathways” and believes they would help students structure their programs according to their other obligations, and to “decide what is the minimum path that you can take through school, what are the classes that you have to take in order to complete this degree without distractions.”
CUF is also proposing a much larger policy change that would restructure the traditional higher education paradigm. They call this proposal “stackable certification programs.” The idea is that in order to make it easier for nontraditional students to finish their degree, community colleges should offer students segmented certifications that qualify them for progressively more advanced jobs throughout their time at school, allowing them to earn an income and pay tuition.
As Gonzalez-Rivera put it, “Instead of having somebody have to wait two years to get their credential, they can get a credential every six months, that way they have something in hand and they don’t just go into college, drop out and come out with nothing...it’s about having educational pathways that link up with your career pathways.”
While there are schools that agree with this model, the main obstacles to implementing such a program are accreditation and financial aid regulations. As Gonzalez-Rivera explained, state and federal financial aid programs use highly specific definitions of what exactly constitutes a valid degree program and therefore what programs can qualify for financial aid. “It has to be 15 weeks, at least 600 semester hours, there’s all these technicals definitions,” he said. “The issue is that colleges are innovating in different ways that have nothing to with how long a student is actually sitting in a classroom.”
These innovations include online coursework, expanded course hours in the evening and on weekends, and year-round programs that expedite the length of the program while accommodating to working students’ schedules. Such programs and innovations cannot be effective if they don’t meet financial aid requirements, as many of the students who would be looking to take advantage are lower income and require financial assistance in order to pursue the programs at all.
This is where the intersections between nontraditional students and other issues such as race and socioeconomic status become clear. “Community colleges tend to be, especially for poorer students and students with many other responsibilities outside of school, the community colleges tend to be sort of their entry into higher education,” said Gonzalez-Rivera.
According to CUF, 66% of college-attending African-American students nationwide are enrolled at community college. For Latino students that number is 59%. “When it comes to people of color, lower-income people, the very people who really need that leg up to be able to compete in the labor force are the people who are being left behind by policies that have not kept up with the changing demographics,” Gonzalez-Rivera said.
To properly serve the growing nontraditional student population, CUF argues, community colleges must reform to find “ways to innovate so that students are able to get in, learn the skills that they need and get out very quickly.”
***
by Luke Foley, Gotham Gazette
@GothamGazette
Gov. Cuomo (photo: Governor's Office on flickr)
Since his time as attorney general, Governor Andrew Cuomo has painted a picture of New York as a state cluttered by redundant and inefficient municipalities, attributing the state’s notoriously high property taxes in large part to a bureaucratic web of overlapping government services.
Cuomo’s latest attempt to detangle the web is an incentivized competition challenging two or more local governments to come up with a bold consolidation plan as a way to cut spending, increase efficiency, and lower property taxes. This could mean anything from localities deciding to share park maintenance services or fire departments, for example, or a plan to dissolve a smaller government into a larger one.
The program piggybacks on a series of tax caps and rebate programs Cuomo, a second-term Democrat, has initiated since taking office. The prize is $20 million, part of $70 million earmarked for improving government efficiency in the $155.6 billion 2016-2017 state budget.
In theory, streamlining government to ease taxpayers’ burden is a good idea, but it is essential to identify not just any municipal consolidation, but the types most likely to produce taxpayer savings. There is also some debate as to whether, and to what extent, municipal consolidation addresses the underlying causes of the New York’s property tax problem. Furthermore, in more affluent localities, residents often say they prefer to pay higher taxes in exchange for the personal touch of smaller government agencies.
In 2010, when Cuomo was running for governor, property taxes were rising at an unsustainable average rate of 5.7 percent per year, with homeowners in 33 of New York’s 62 counties facing a property tax burden surpassing the national median. Initiatives like the new municipal consolidation challenge have been successful at curbing the upward trend, according to Cuomo’s office.
“Over the past five years, Governor Cuomo has restored fiscal responsibility to the state – reducing costs, cutting red tape and delivering relief for New York taxpayers,” said Cuomo spokesperson Abbey Fashouer. “The Municipal Consolidation Competition marks another step forward in these efforts, incentivizing local governments to find innovative ways to share services, find efficiencies and ensure a stronger, more affordable Empire State for all.”
This latest contest supplements Cuomo’s 2014 property tax “freeze,” which is in reality a credit that incentivizes municipalities to find ways to cut costs and stay within the state’s cap of 2 percent annual increase in property taxes, and is projected to save property taxpayers more than $1.3 billion over three years. Cuomo has also instituted an informal 2 percent cap on annual increases in overall state spending.
The tax “cap,” which in 2017 enters its fourth consecutive year, seeks to prevent municipal and school tax levies from increasing beyond 2 percent or the rate of inflation, whichever is lower. This year, at .68 percent, the increase limit -- which applies to all localities except New York City -- is at a record low, and while this is in one way good news for homeowners, strapped municipalities are bound to feel the strain, according to state Comptroller Thomas DiNapoli.
"In what is becoming the norm, New York’s local governments must cope with extremely limited growth for property taxes to stay within the tax cap,” DiNapoli said in his announcement of this year’s tax cap. “Low inflation has positive effects for consumers, but it also reflects an uncertain economic environment. Local officials have faced growing fixed costs and limited budget options for years, but 2017 will necessitate even tougher financial choices.”
In response, a growing number of localities are voting to override the tax cap, with 26 percent opting out in 2016. Cuomo’s new contest, which targets the state’s 13 largest municipalities outside of New York City -- only cities, towns and villages with populations of at least 50,000 (according to 2010 U.S. Census data) may apply as the lead applicant -- may help mitigate that trend for the coming year.
One such municipality is the City of New Rochelle, which will be forced to break through the tax cap next year to invest in the city’s infrastructure, according City Manager Charles "Chuck" Strome III.
The city’s chief administrative officer, appointed by the New Rochelle City Council, Strome explained that the city has been searching for ways to share services with neighboring municipalities since before Cuomo took office, partnering with neighboring suburbs of Pelham Manor, Mamaroneck and Larchmont on services like street cleaning, snow removal, and sanitation.
“I’m not really moved by competing for prizes. For me, that’s just a show,” Strome said in an interview. “I think the state’s policies recently have been very detrimental to municipalities. We've been doing things in New Rochelle long before there was a prize at the end of the rainbow.”
Rochester, the state’s third largest outside of New York City, sees itself as a leader in the region on municipal consolidation, forming cooperative agreements with the Monroe County and neighboring municipalities on things like 9-1-1 dispatch services, waste management systems, telecommunication providers, and more. Officials there were more amenable to Cuomo’s consolidation contest, but said that the most “low-hanging fruit” has already been identified and implemented.
“Given that we've done a lot of this already, we're a little challenged to find additional opportunities, but we are open to it,” said Chris Wagner, budget director for the City of Rochester.
Cuomo often focuses on the number of municipalities in New York, suggesting overlapping and redundant governments are a main driver of rising property taxes. “The cost, the waste, the inefficiency of our 10,500 local governments is still this state’s financial albatross and that is what is driving up the cost,” Cuomo said during his 2016 State of the State address, on January 14.
While it is true that on average New Yorkers continue to pay some of the largest property tax bills in the country -- 13 percent of the average household income -- there is a lively debate among social theorists about whether fewer, and thus larger, governmental bodies results in more efficiency and lower property tax bills. And, the actual number of “local governments” is up for debate.
Some dispute the 10,500 figure, saying it includes “special tax districts” -- in-town sectioning created out of specific residential needs that are brought on by suburban growth -- which often amounts to paperwork rather than additional government expenditure. (The 2012 U.S. Census of Governments places the number of cities, towns, and villages in New York State at 3,453 -- which is fewer than the national average for states across the country.)
Since Cuomo took office, the number of government service providers has been reduced, though savings produced have been relatively small. For example, since 2011, 18 New York water districts consolidated into five with a projected annual savings of $1.2 million; 72 sewer/wastewater districts consolidated into three, with a projected savings of $522,000; and six fire and fire protection districts consolidated into two fire districts, with a projected annual savings of $959,570; all according to Cuomo’s office.
Full consolidation of services or government entities tends to elicit resistance, so functional consolidation is often the most politically expedient solution for overlapping services.
Functional consolidation, in which similar municipal agencies both remain in existence, but cooperate on whether to perform the same or distinct functions for a larger geographic area, has been shown to save money and improve quality of life. Either one government entity pays the other for services or one agency performs a specific function and the other agency takes on a different function in exchange.
These partnerships are typically evaluated on a case-by-case basis. In 2012, when the Town of Brighton voted to dissolve its understaffed West Brighton fire protection district and contract with the Rochester Fire Department instead, it resulted in savings for both taxpayers in Rochester and Brighton, according to Wagner, the Rochester budget director. “From our experience, it not only helps on the property tax side of things, but it helps to improve planning and response time to a situation,” Wagner said.
Meanwhile, several years ago, a plan for the City of Rochester to combine water supply systems with Monroe County was nixed when it was determined that it would not result in savings, according to Wagner.
E.J. McMahon, president of the Empire Center, a conservative think tank, notes that smaller towns and villages often prefer to see their tax dollars used for a personal, responsive touch from police, fire, and sanitation agencies. However, McMahon says, these more localized services are not the primary driver of New York’s property tax problem. McMahon points a finger instead at state-mandated Medicaid, pension, and education costs.
“Municipal consolidation is not a panacea and it’s kind of a dodge,” McMahon said. “[Cuomo’s] premise is we have too many local governments, and that’s why we have high local taxes, and that’s essentially untrue.”
A better way to slash property taxes, he says, would be to reform New York’s 30-year-old Triborough Amendment, which requires public employers to maintain contractual agreements, including automatic pay increases, for unionized employees after their collective bargaining agreement expires -- a policy that adds $300 million a year to school budgets across the state.
The governor’s administration says it has taken steps to reduce the number of unfunded mandates -- a term used to describe burdensome state requirements that do not come with requisite funding -- establishing a Mandate Relief Council in December 2013. But while rising local school costs are offset by huge amounts of state funding -- in the 2016-2017 budget, the state allocated $24.8 billion for education aid, up 6.5 percent from the prior year -- and the state has tried to to reel in pension growth, municipalities say they are forced to make painful cuts and delay important capital projects to meet the tax cap year after year.
Strome, the city manager, noted that municipal expenses account for only 18 percent of property tax bills in New Rochelle. The bulk of it comes from school and medicaid expenses. “Most people, if they knew the facts, they'd be happy to have multiple trash pickups and police and fire services and acres and acres of parks for $3,000 a year,” he said. “The state has dumped millions of dollars in increased school aid, but municipalities have gotten zero. In my opinion, until the state seriously looks at how it deals with education, we’d never address the property tax problem.”
In other areas, like Nassau County, where residents pay some of the highest property taxes in the country (the average annual property tax bill topped $9,000 in 2013, according to a Zillow report), the imbalance is starker. The Town of Hempstead made several difficult cuts this year, including laying off 36 employees, but only 9 cents per tax dollar homeowners pay goes toward municipal programs and services (incorporated villages pay about 2 cents per tax dollar to the township). More that 60 percent of Hempstead taxes go to schools and libraries, another 16 percent goes the county tax -- which includes Medicaid -- and another 5 percent goes toward special districts (which Cuomo counts among the New York’s 10,500 municipalities). (see map, via the Long Island Index)
Cuomo’s office disputes the charge that the governor has not addressed education and Medicaid costs. In addition to flooding cities with education aid, the administration notes both the governor’s Medicaid reform efforts have saved taxpayers an estimated $34 billion over the last five years and the Global Medicaid Cap, which eliminated any growth of Medicaid expenses for counties (meaning any amount of spending over counties’ fixed dollar amount is picked up by the state).
“Governor Cuomo has implemented a number of targeted reforms to deliver relief for New York taxpayers – and they are working,” said Fashouer, a Cuomo spokesperson. “Today, taxes are at their lowest level in decades, we’ve capped [growth of] property taxes at 2 percent, we’re making record investments in education while delivering quality healthcare more effectively and efficiently than ever before.”
The most ambitious type of consolidation is full-scale city-county merger, in which a city and the surrounding county combine to create a metropolitan form of government, or a “super” county. Over the last 30 years, major Upstate cities have faced rising poverty rates and an increased dependence on state aid to balance their budgets. Social theorists say that in addition to consolidating duplicate services, city-state consolidation can curb urban sprawl and compel suburbanites to contribute more significantly to services provided by the city, which are utilized by everyone.
Cuomo’s municipal consolidation contest coincides with the ongoing effort to merge the City of Syracuse and Onondaga County, called Consensus. The region was granted $500 million in a similar 2015 state-funded contest, a portion of which Cuomo said was contingent on Syracuse following through on its ambitious consolidation plan.
Studies on whether larger municipalities are actually more efficient have produced mixed findings. A study done 10 years after the 1998 amalgamation of Toronto, for example, indicates that larger governments become more less responsive and more sluggish, resulting in increased costs.
Not that taxpayer savings should be the primary, or only, motivation for large-scale municipal consolidation.
In the case of the Syracuse merger, more equitable distribution of better quality services across the the county is a major focus. One of the most influential advocates for this type of merger is David Rusk, the former mayor of Albuquerque, New Mexico, who long-argued for what he terms an “elastic city” — one free of geographic limitations — which could help rectify economic, social and racial inequities, he says, and encourage greater political participation county-wide. However, in places like Syracuse, people of color who live in the city fear they’ll lose political influence with a larger unified government, while suburbanites feel that the consolidation could dilute their quality of service.
City-county mergers are notoriously difficult to pull off. While there has been some success in other parts of the country, all recent merger attempts in New York, like a proposed Buffalo-Erie merger in the early 2000s, have failed. The state’s only major regional consolidation was in 1898, when the City of New York was formed out of five boroughs, and the Syracuse-area Consensus plan is seen as an experiment of whether a consolidation of this scale can work again.
Cuomo has enthusiastically supported the Syracuse merger, but as Politico reported, the plan is at risk of being derailed by long-standing differences among Cuomo, Onondaga County Executive Joanie Mahoney, and Syracuse’s Mayor Stephanie Miner, and there are still more questions than answers about how it would meet the at times conflicting interests of city residents and suburbanites.
Occasionally, villages vote to dissolve themselves into neighboring municipalities -- since 1921, 47 village governments in New York have dissolved, 10 of them in the past five years, according to a recent Empire Center report (see graph below). As attorney general, Cuomo pushed through a bill easing the village dissolution process and sweetening the pot for eligible villages with a $58,006 “Community Empowerment Tax Credit” when the dissolution is approved.
In these instances, however, the tax savings per household are usually small, and more often than not, villagers resist consolidation, saying they’d prefer to pay slightly higher taxes to retain their community identity and personal touch from local government.
An example of this is the Village of Cayuga Heights (the Ithaca suburb where this reporter grew up), which has its own mayor and government and where residents consistently vote against joining its fire and police services with neighboring municipalities. “I think if we were to say, ‘Oh, let’s just join up with the Village of Lansing,’ we’d be bigger than the city of Ithaca, but we’d lose a lot too,” said Joan Mangione, the village clerk and treasurer. “When our residents come in to pay taxes, they want to feel ‘this is my best tax dollar at work.’”
Despite an attachment to these extra amenities, Cayuga Heights officials tout the village’s extensive record of looking for consolidation opportunities that make sense: it is a partner in Bolton Point, a water supply plant built in 1976 that serves five municipalities and it is represented in Tompkins County Council of Governments (TCCOG), one of two county committees in the state that meet regularly to discuss shared services, including a progressive healthcare consortium that has saved taxpayers millions of dollars.
Other examples of residents electing to pay a higher price tag for uniquely responsive municipal services can be found in many towns, villages and hamlets of Westchester County, where residents consistently pay the highest property taxes in the nation (an average of $13,842 per household in 2013, according to Zillow). The bloated bill is often justified by the county’s exemplary schools -- where between $20,000 and $50,000 a year is spent on each pupil --- and a small town approach from police, fire, and sanitation workers.
Political scientist and SUNY New Paltz professor Gerald Benjamin, a proponent of municipal consolidation, says that these New York municipalities should be more open to compromise.
“Look, we want low costs, we want our services, we have to have a hierarchy of values, and we want democracy -- which we are not always getting, because it’s too complex,” Benjamin said. “If we want all those things, they run into each other; they are not all aligned. Sometimes you are presented a range of desserts at Thanksgiving — but if you eat them all, you are going to get fat.”
***
by Rachel Silberstein, State government reporter, Gotham Gazette
@RachelSilby @GothamGazette
New York City Hall
What to watch for this week in New York politics:
There are just two weeks left in 2016, so get to work accomplishing any past new year’s resolutions you may be slacking on. And, prepare some good ones for 2017.
As the year winds down -- this is our last Week Ahead of the year -- we’re watching to see if Gov. Andrew Cuomo and state legislators will agree to hold a special legislative session in Albany. Time is obviously running out to do so. The full package of what would be voted on is not clear, with a variety of issues having been raised, mostly by Cuomo. At the top of the list, though, is a pay raise for lawmakers, which could come in combination with reforms to their positions and/or other legislative items like legalizing ride-hailing services like Uber outside of New York City.
We’re also continuing to watch Donald Trump’s transition efforts. The president-elect has been naming nominees for key cabinet and other administration positions. He continues to avoid holding a press conference, still has not released his taxes, and postponed an announcement about how he will remove himself from his business interests as president.
Trump has also held a number of “thank you” rallies in states he won, and he has continued to use his Twitter account to issue insults and complain about the discussion regarding Russia’s involvement in the presidential election.
The event that is expected to cement Trump’s place as the next president is scheduled for Monday: the Electoral College is due to vote. While the vote has been known as a rubber stamp of Election Day outcomes for many years, there has been some talk this year of electors keeping Trump from the presidency due to his erratic behavior, conflicts of interest, lack of qualifications and preparation for the job, and apparent support for foreign interference in U.S. democracy, among other reasons.
Still, the Electoral College is expected to name Trump the next president -- nearly half the states have laws binding their electors to the outcome of the state popular vote. In New York, Gov. Cuomo’s office announced this past week that “The Electoral College for the State of New York will convene in the Senate Chamber of the State Capitol in Albany on Monday, December 19, 2016 at 12:00 pm. Electors will officially cast their ballots for President and Vice President of the United States.” Cuomo, Mayor Bill de Blasio, City Council Speaker Melissa Mark-Viverito and a number of other prominent officials will be in Albany Monday for the vote.
Before he's in Albany for the Electorial College Monday, Gov. Cuomo will make an announcement in New York City -- details below.
Overall it looks like a fairly quiet week in city political events: the City Council did a lot of business last week and there are no Council hearings scheduled. Mayor de Blasio starts his week with his weekly appearance on NY1’s Inside City Hall, during the 7 and 10 p.m. hours.
This, after an eventful weekend for de Blasio: on Saturday, the mayor joined City Council Member Steve Levin and others for a “celebration with residents of North Brooklyn to mark the City’s acquisition of the last piece of Bushwick Inlet Park” and then, with First Lady Chirlane McCray and City Council Speaker Melissa Mark-Viverito, attended the Department of Youth and Community Development’s holiday toy distribution event.
On Sunday, de Blasio made a campaign appearance at New Tabernacle Baptist Church in the Bronx. His re-election campaign announced on Sunday the endorsements of seven City Council members: Margaret Chin, Ritchie Torres, Helen Rosenthal, Donovan Richards, Steve Levin, Brad Lander, and Ydanis Rodriguez.
As for more this week, see our day-by-day rundown below.
***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
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The run of the week in detail:
Monday
At 8:30 a.m. Monday, the Manhattan Chamber of Commerce will hold a Chairman’s Breakfast with Congressman Hakeem Jeffries in conversation with MCC Chair Ken Biberaj.
At 9:45 a.m. Monday, Gov. Cuomo will make an announcement at Museum of Modern Art.
At 10:30 a.m. Monday, the Assembly Standing Committee on Banks will meet in Albany for a public hearing on Cybersecurity Regulations.
At 11 a.m. Monday, Airbnb hosts will testify before the Mayor’s Office of Special Enforcement during its hearing, which will determine how the new state advertising law will be enforced in the city.
At 6 p.m. Monday, Common Cause New York will host an exit interview with Congressman Chris Gibson at SUNY New Paltz.
At 6 p.m. Monday, incoming Congressman Adriano Espaillat will hold a holiday fundraiser.
At 6:30 p.m. Monday, Manhattan Borough President Gale Brewer will attend the Manhattan Community Board 7 and P.S. 191 discussion on the future of P.S. 191.
Tuesday
On Tuesday at 8 a.m., City & State NY will host its “Bronx Borough 50,” where the most powerful community leaders in The Bronx are honored.
At 9 a.m. Tuesday, "Chancellor Fariña will deliver brief remarks at NY EdTech Week, a conference focused on educational technology."
On Tuesday at 10 a.m., "Mayor de Blasio will host a press conference to discuss the GetCoveredNYC initiative and enrollment in healthcare insurance programs" at Gouverneur Health. "Later, the Mayor will deliver remarks at the United Federation of Teachers’ holiday party."
On Tuesday at 10:30 a.m., the state Joint Commission on Public Ethics will meet in Albany.
At 10:30 a.m. Tuesday, Citizens Campaign for the Environment will host a rally in support of the offshore wind project at the Long Island Power Authority (LIPA) in Uniondale. Speakers at the rally will include State Senator Phil Boyle; State Senator Todd Kaminsky; State Assemblyman Steve Engelbright; Roger Clayman of the LI Federation of Labor; Dick O’Kane of LI Building Trades; Roy Coulombe of Local 37, Iron workers; Adrienne Esposito of Citizens Campaign for the Environment; Gordian Raacke of Renewable Energy Long Island; Lisa Dix of the Sierra Club; and Catherine Bowes of the National Wildlife Federation.
At 11 a.m. Tuesday in the Bronx, "Bronx Borough President Ruben Diaz Jr. will join hip-hop superstar and Bronx native Fat Joe to deliver new computers to the students at P.S. 146—Edward Collins, Fat Joe’s alma mater, in time for the holiday season. The donation will be made in memory Fat Joe’s sister, Lisa Cartegena, who was also a graduate of the school."
Tuesday evening's Inside City Hall on NY1 will feature John Liu, Vito Fossella, and Joe Lhota in the "Wise Guys" segment; Tony Avella, now a candidate for mayor; and Robert Doar, the former HRA commissioner.
Wednesday
On Wednesday at 6 p.m., the Panel for Education Policy will hold a meeting.
Thursday, Friday and the weekend
As of Sunday evening, nothing on our radar for the end of the week as the holidays approach.
Happy holidays! Our Week Ahead will take one week off, we’ll be back on the evening of Monday, January 2 with our next edition. Throughout the next few weeks, we at Gotham Gazette will continue to publish articles, of course -- find our latest here.
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Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).
***
by Brendan Birth and Ben Max
@GothamGazette
New York City Hall
What to watch for this week in New York politics:
This week begins with focus on the transition of President-elect Donald Trump, who has continued to announce nominations for cabinet positions, as well as attention on the extent to which Russian agents attempted to influence the United States presidential election in order to help Trump win. Reports indicate that President Obama has ordered a full review, that members of Congress may hold hearings, and that the CIA has concluded Russian agents were involved in hacking efforts to hurt Hillary Clinton and help Trump. Trump dismissed such reports over the weekend and insulted the CIA in a Friday statement.
Here in New York, officials continue to react to Trump's transition decisions, including his nominees for key posts, with many Democratic officials alarmed by potential next leaders of agencies charged with federal environmental, housing, and labor policy.
Over the weekend, Gov. Andrew Cuomo made a Sunday morning appearance on the radio show of businessman John Catsimatidis, where the two discussed Cuomo's infrastracture vision and projects. There was no discussion of the corruption that has rocked Cuomo's economic development programs, wherein members of Cuomo's inner circle and major donors to Cuomo's campaigns have been indicted on federal charges. Cuomo discussed a variety of projects underway, including the Second Avenue Subway, the work on which he recently visited and said he was about to visit again on Sunday. The subway extension may open by the end of the year or in January.
Mayor Bill de Blasio had a busy weekend. On Saturday, he was scheduled to deliver remarks at an event celebrating Reverend Ray Rivera’s 50 years in Ministry; host a Community Board holiday party at Gracie Mansion; deliver remarks at the Jamaican Rotary Club’s annual winter dinner and dance party; attend the Uniformed Sanitationmen’s Association, Local 831 holiday party; and attend the Brooklyn Kindergarten Society’s 96th Yuletide Ball. On Sunday, he was scheduled to deliver remarks at Prophet Muhammad’s birthday celebration with Imam Tahir Kukaj at the Albanian Islamic Cultural Center on Staten Island and to deliver remarks at Congressman Joseph Crowley’s annual holiday party in Queens.
On Monday, de Blasio has one public event on his schedule, his weekly appearance on NY1's Inside City Hall, in the 7 and 10 p.m. hours.
This is a busy week in New York politics as some government busy is wrapped up for the year -- for example, this week will see the final committee hearings and full meeting of 2016 for the City Council -- and other organizations are holding their final public policy events of the year. See below for details.
The City Council is expected to pass a large package of campaign finance reform bills this week, first through committee, then through the full Council. Read about all the bills here.
We're also watching this week to see if a special session will occur in Albany wherein state legislators will either act on a variety of measures in conjunction with Gov. Cuomo or take matters into their own hands by passing pay raises for their positions and executive chamber posts, daring Cuomo to use a veto, which they may then override. [Related: Does Higher Pay Attract Better Politicians?]
As always, there's a great deal happening all over the city, with many events to be aware of - see our day-by-day rundown below.
***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***
The run of the week in detail:
Monday
At the City Council on Monday:
On Monday and Tuesday, the New York State Board of Regents will hold its monthly meeting in Albany.
On Monday at 10 a.m., the Association for a Better New York will host a Gateway Program Progress Update and Panel. Anthony Coscia, Chairman of the Board at Amtrak, will be the presenter. Senators Charles Schumer and Cory Booker will be among the panelists, and Regional Plan Association President Tom Wright will moderate.
On Monday at 11 a.m. in Union Square, "First Lady Chirlane McCray, Deputy Mayor for Strategic Policy Initiatives Richard Buery and American Horror Story actor Denis O’Hare will kick off a week of community action events to connect New Yorkers to free, confidential mental health help during the holidays."
At noon Monday at City Hall, there will be a “press conference by feminist leaders and organizations to urge swift action on police reform.” It will be led by a variety of groups and individuals, including Joanne N. Smith, Founder and Executive Director of Girls for Gender Equity; Gloria Malone, Young Women’s Advisory Council Coordinator at Girls for Gender Equity; Monifa Bandele, MomsRising; L. Joy Williams, President of Brooklyn NAACP; NAACP Legal Defense Fund; Legal Aid Society; and others.
The City Planning Commission will hold a review session and a special meeting at 1 p.m. on Monday.
On Monday at 5:30 p.m., the Queens Borough Board will review the Queens Library’s strategic planning process. Queens Borough President Melinda Katz chairs the Queens Borough Board; Queens Library President and CEO Dennis Walcott will give a presentation.
Mayor de Blasio is on NY1's Inside City Hall Monday evening, 7 and 10 p.m.
Tuesday
At Tuesday at 10 a.m. "Mayor de Blasio will host a press conference to make an announcement regarding job creation in New York City" at Alexandria Center in Manhattan. "Later, the Mayor will meet with Secretary-General of the United Nations Ban Ki-moon...Following the meeting, the Mayor will hold a photo spray with Secretary-General of the U.N. Ban Ki-moon."
At the City Council on Tuesday:
Ahead of the Council's civil rights committee hearing, "Public Advocate Letitia James will be joined by elected officials, business leaders, and advocates to rally support for her legislation to prohibit employers from asking previous salary information from any prospective job applicant. The press conference will be held directly before the bill’s hearing in front of the Council Committee on Civil Rights." James will be joined at the 9 a.m. rally by Council Members Cumbo, Mealey, and Salamanca, according to her office.
At 9 a.m. Tuesday, the New York City Industrial Development Agency (NYCIDA) will hold a Board of Directors Meeting.
At 10 a.m. Tuesday, Gov. Cuomo will make an announcement at the New NY Bridge Project, in Tarrytown.
At 10:30 a.m. Tuesday, the Assembly Standing Committee on Libraries and Education Technology will hold a public hearing in Albany on the funding of public libraries to “examine the 2016-2017 State Budget’s impact on the mission of New York State libraries in the 21st Century.”
At 10:30 a.m. Tuesday "Acting Brooklyn District Attorney Eric Gonzalez and New York City Police Commissioner James P. O’Neill announce the results of a long-term investigation."
At 11 a.m. Tuesday, there will be a rally on the steps of City Hall calling for Mayor de Blasio to support the Right to Counsel Bill. This bill “would ensure all tenants who are forced by their landlords to go to Housing Court have access to a lawyer.” Tenants, advocates, and community members, including AARP-NY, as well as City Council members, led by Council Members Mark Levine and Vanessa Gibson, will participate.
At 5:30 p.m. on Tuesday at Brooklyn Borough Hall, "Brooklyn Borough President Eric L. Adams will join dozens of domestic violence survivors as well as elected officials such as Assembly Members Amy Paulin and Jamie Williams and Council Member Laurie A. Cumbo, chair of the Committee on Women’s Issues, to hold a candlelight empowerment rally on the steps of Brooklyn Borough Hall. Commemorating the anniversary of the reauthorization of the Violence Against Women Act (VAWA), a landmark piece of federal legislation that improved criminal justice responses to domestic violence and allowed survivors to better access social services, they will unveil a legislative package with reforms to help strengthen impacted families. Borough President Adams, himself personally affected by domestic violence, will discuss the importance of new action while sharing the stories of inspiring local survivors."
On Tuesday at 6:30 p.m. in the Bronx, schools Chancellor Carmen Fariña will attend a town hall meeting of District 7’s Community Education Council at P.S. 5.
At 7 p.m. Tuesday, the CUNY Urban Food Policy Institute will hold “Feeding Gotham: The History and Future of Food Policy in New York City.” This event will look at “concerns over the production and distribution of food in the city,” which exist even after former Mayor Michael Bloomberg created an office of food policy. Gregory Baics of Barnard, Marion Nestle of NYU, and Nick Freudenberg of the CUNY Urban Food Policy Institute will be among the speakers. The moderator will be Mark Bittman from The New York Times.
Wednesday
At 8 a.m. Wednesday, Crain’s New York will hold a Business Breakfast Forum with NYPD Commissioner James O’Neill. He “will discuss reducing crime in NYC as it rises nationally, how he will implement “broken windows” and neighborhood policing and solving the homicide problem that remains in pockets of the city.” Erik Engquist, assistant managing editor of Crain's New York Business, and Pervaiz Shallwani, criminal justice reporter at The Wall Street Journal, will moderate a discussion after O’Neill gives remarks.
At the City Council on Wednesday:
On Wednesday at 10 a.m., the MTA will have a board meeting.
At 6:30 p.m. Wednesday, the Brooklyn Historical Society will hold “Stop and Frisk: An In-Depth Look at a Contentious Policing Tactic.” At this event, “Criminologist and criminal justice expert Michael White delves into his and Henry Fradella's new book, Stop and Frisk: The Use and Abuse of a Controversial Policing Tactic.”
At 6:30 p.m. Wednesday, the city’s Civilian Complaint Review Board will have a board meeting.
Thursday
At the City Council on Thursday:
At 9 a.m. Thursday, the CUNY Urban Food Policy Institute will continue its Urban Food Policy Forum series: “Defending SNAP and Child Nutrition After the Election.” The panelists at this event will discuss what impact the election will have on safety nets for child nutrition. Panelists include Maggie Dickinson, Assistant Professor of Interdisciplinary Studies, Guttman Community College; Triada Stampas, Vice President for Research and Public Affairs, Food Bank for New York City; and Ellen Vollinger, Legal/Food Stamp Director, Food Research and Action Center (FRAC). The moderator will be Jan Poppendieck, Senior Faculty Fellow, CUNY Urban Food Policy Institute and Professor Emerita, Sociology, Hunter College.
On Thursday, at 10 a.m., the New York City Campaign Finance Board will hold its next public meeting.
Friday and the weekend
At 8:15 a.m. on Friday, the CityLaw breakfast series will continue with Steven Banks, Commissioner of the Department of Social Services. He will be speaking on poverty and homelessness in New York City.
At 10 a.m. Friday, the Eleanor Roosevelt Legacy Committee will host Campaign School in New York City. “Are you ready to learn about political engagement at the state and local level in New York? And are you curious about the fundamentals of running a campaign?...Open to pro-choice Democratic women ready to take the next step.”
At 10 a.m. Friday, the Assembly Standing Committee on Governmental Operations, the Assembly Standing Committee on Small Business, the Assembly Standing Committee on Oversight, Analysis and Investigation, and the Assembly Subcommittee on Oversight of Minority and Women-Owned Business Enterprises will hold a joint public hearing in Albany on the Minority and Women-Owned Business Enterprise (MWBE) Program.
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Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).
***
by Brendan Birth and Ben Max
@GothamGazette
On Rikers Island (photo: Michael Appleton/Mayor's Office)
There is an ongoing conversation in New York about how to fix the bail system that many agree is broken, keeping too many poor people in jail after they are arrested for low-level nonviolent offenses but cannot afford to post bond and, at times, allowing individuals back onto the street who are prone to violence but able to pay bail. Efforts at reform have been full of fits and starts.
About a month ago, Mayor Bill de Blasio announced measures to make it easier for people to pay bail through an online payment system, as opposed to the insistence that bail is paid in person. More recently, City Council Member Rory Lancman introduced legislation that would require a city service provider to furnish judges setting bail with details of a defendant’s financial situation.
These latest incremental local reform ideas and others are aimed at chipping away at the problems with the system, but many advocates, legal experts, and elected officials agree that there is a need for an expanded statewide conversation around the culture of bail and actual statutory reform, chiefly to ensure that those with limited material resources are not punished simply for their economic status.
Reforming the bail system in New York has been something of a priority at both the city and state levels, though tangible progress has been limited.
In January, Governor Andrew Cuomo included the issue in his policy agenda for this year, although there has been little follow-up through legislation. Cuomo proposed requiring judges to assess risk to public safety when making a bail decision -- something de Blasio and others are in agreement with -- and stronger regulations of bail bondsman practices.
In New York City, the de Blasio administration has implemented a number of initiatives this year to make bail payments less complicated and to provide alternatives to bail that keep people from being incarcerated. There have also been concerted efforts both in policing practice and through legislation to reduce arrests for low-level offenses in the first place, and arrests are down significantly while the city has become safer in terms of major crimes.
The population at Rikers Island jails, where about three-quarters of the city’s jail population is housed, hovers around 7,500 daily, down significantly from peak years over recent decades.
In April, the mayor committed nearly $18 million for a citywide expansion of a supervised release program that will allow as many as 3,000 low-level offenders each year to remain out of jail and work while they await trial. The program cuts down on the use of monetary bail, ensuring that people who are of low risk to public safety but cannot afford bail do not languish in prison.
Last month, the mayor announced the creation of a system that allows cash bail to be paid online, by a phone, or through a courthouse kiosk by family members and friends of defendants. The system, due to be launched citywide by the spring, aims at alleviating the difficulty of having to physically visit a corrections facility to pay bail. “Nobody with the ability to pay bail should sit in jail just because the bail process is an inconvenience,” de Blasio said at the announcement.
The City Council has also been inching closer to establishing a public bail fund, which was first announced by Council Speaker Melissa Mark-Viverito in her February 2015 State of the City speech. The fund received a license from the state Department of Financial Services in August but cannot begin operations until a pending license application for a bail bond agent is approved. If it becomes operational, the fund will provide bail money for qualifying participants so that they can leave jail between arrest and court appearance.
Bail reform is a key consideration for the Independent Commission on New York City Criminal Justice and Incarceration Reform, a body that was set up at the speaker’s behest earlier this year to recommend broad criminal justice reforms, with an eye toward creating a plan for closing the Rikers Island prison complex. The body is being headed by former New York State chief judge Jonathan Lippman, who, when he filled that role, argued vehemently for bail reform.
Lippman believes that bail reform is moving ahead slowly in the city, but he stressed in a phone interview that there needs to be statutory change in law to effect broad change. “The city is doing really good things but they’re nibbling around the edges, not able to get at the heart of it,” he said. “My belief is that we need cooperation from Albany and we need a new bail statute.”
Lippman suggested a two-fold approach to bail: giving judges the authority to assess risk to public safety and the need to “flip the assumption” that someone should be incarcerated instead of being released while waiting for a court date. “Bail doesn’t assure the person coming back and it’s an anachronism,” he said, promising that the commission will directly address the issue when it releases its recommendations sometime in spring 2017.
Last year, when Lippman was serving as chief judge (he was forced to retire due to age restrictions and is now “of counsel” at Latham & Watkins), he announced administrative measures to reform the bail system in the absence of legislative action by the state. His own proposals from 2013 to essentially do away with cash bail have not been taken up by legislators in Albany, where Republicans control the state Senate and are often opposed to what is seen as progressive criminal justice reform.
“I think we got a lot of attention when I proposed the legislation,” Lippman said, rueing that “getting a lot of attention and getting things done are two different things.”
The challenge to changing the bail statute, he said, is the same that creeps up in any issue of criminal justice reform. “Legislators are elected and get into this soft-on-crime/tough-on-crime syndrome,” he said. “I think we need to be smart on crime.”
A major impetus to the conversation around bail reform was the tragic death of Kalief Browder, a young Bronx resident who spent three years on Rikers Island awaiting trial on charges of stealing a backpack. Browder couldn’t pay bail but was eventually released when the case was dismissed. In jail, he faced physical and mental abuse and was placed in solitary confinement for nearly two years. In June 2015, Browder committed suicide.
The case prompted widespread outrage and besides putting a spotlight on the culture of violence at Rikers, it highlighted the problems in the bail system. Advocates use Browder’s experience as a rallying cry in their push for change.
While there’s a lot of agreement that an update of the legal statutes is necessary, there’s a greater need, many say, for reexamining the purpose of the bail mechanism and reeducation in how it is practiced.
“Bail, by definition, discriminates against the poor,” said State Senator Michael Gianaris, deputy Democratic Conference leader, who proposed a bill last year to scrap cash bail. “There’s no rational basis for continuing this process.”
Gianaris, of Queens, believes that reform is being slowed by a misunderstanding of the issue. “Bail was never intended to keep dangerous people off the street,” he said, pointing out that defendants have a constitutional presumption of innocence and cannot be considered dangerous for the purposes of bail if they haven’t been convicted yet.”
Ezra Ritchin, project director of the Bronx Freedom Fund, one of two charitable bail funds already operating in New York City, commends the mayor and the City Council for the steps they’ve taken and says there is an urgency around bail reform at the state level.
“We’re in an important moment right now where there’s a lot of change happening,” he said. “Since Kalief Browder...there has been momentum for reform.”
But Ritchin warned, “There are things that we are missing in all of this.” The root of the issue, he said, is the high volume of arrests in New York City, and the consideration that a defendant is likely to miss their court date. “It’s often labeled as flight-risk,” he said. “That’s a massive misunderstanding of what’s going on. No one is fleeing.”
“It’s a question of the way that we frame risk,” Ritchin said, referring to the chances that a person might flee or even be a risk to public safety, which is a consideration that both Mayor de Blasio and Governor Cuomo have proposed as an addition to the bail statute. “What we don’t talk about,” Ritchin said, “is the risk of a person’s life falling apart from being wrenched into the system.”
Therein lies the biggest issue for Ritchin, the way the bail statute is put into practice. The current statute allows nine different forms of bail, including cash bail, that a judge can impose, some of which are less onerous.
“I think the statute, if used correctly, could result in a very different system than the one we see now,” Ritchin said. This “golden question” of how to change the culture of imposing bail, among prosecutors and judges, is one for which Ritchin said he has no clear answer.
City Council Member Lancman echoed that sentiment. As the chair of the Council’s Committee on Courts and Legal Services, Lancman is at the frontline of this issue. “The major obstacle is the unwillingness of judges and prosecutors to accept other forms of assurances for a defendant...than cash bail or bond, as well as the unwillingness to look at each defendant’s financial circumstances,” Lancman told Gotham Gazette in a phone interview. “The system in every way possible -- from the city side, the judiciary side, the district attorney’s side, and, to a lesser extent, from the defense’s side -- is not focused on eliminating this reality of people being sent to Rikers Island because they’re poor.”
Under the bill Lancman introduced November 29, an arraignment screening organization contracted by the city to provide details about a defendant, including a recommendation on their risk of flight, would also have to include information on a defendant’s ability to pay bail. This is just one of the few ways the city can change how the bail system works, Lancman said, stressing the need for action at multiple levels. “The effort to reform bail requires many stakeholders adopting the new procedures and policies and outlook, which cumulatively would have an effect of greatly reducing the number of people on Rikers Island because they’re poor,” he said.
The understanding that cash bail is a misguided concept has taken hold in an unprecedented way at the city and state level, according to Insha Rahman, senior planner at the Center on Sentencing and Corrections at the Vera Institute of Justice. Less than a decade ago, “it wasn’t a part of the rhetoric and conversation around bail as it is now,” Rahman said.
She insisted that any legislative proposal, such as one that would consider adding public safety as a consideration, should be informed by data obtained through a statewide survey. “The push needs to be to understand the problems with the use of bail statewide to avoid unintended consequences in places where it’s being used effectively as opposed to ineffectively,” she added, pointing out that different counties employ different practices and that the system is far from a monolith even within New York City’s five boroughs.
There is no cash bail in Washington D.C., where defendants are only detained if they are considered a risk to public safety. It’s considered a model by many advocates of bail reform in New York. But, as Rahman argued, adding risk as a consideration in setting bail could create problems if not studied carefully. “Any change to that is basically change in the sorting mechanism of who stays in and who is released,” she said.
Judge Lippman supports the idea of factoring public risk. So do Gov. Cuomo and Mayor de Blasio, and they have been criticized for it. The proposal has also held up reform at the state level as different stakeholders struggle to find middle ground. Advocates and legal experts fear that it could deprive defendants of their rights and further institutionalize racism in the judicial system.
Cuomo has not changed his stance since he first included it in his 2016 agenda, according to his office. “The Governor continues to champion comprehensive criminal justice reform, including changes to the state’s antiquated bail system,” said Abbey Fashouer, a spokesperson for the governor, in a statement. “New York is one of only four states in the nation that does not currently take into account public safety risks when making bail and release decisions – and it’s past time to develop a new approach.”
The mayor recently doubled down on his support for the proposal. During a November 7 appearance on NY1’s Inside City Hall, de Blasio spoke of the need for bail reform in the context of the fatal shooting of NYPD Sergeant Paul Tuozzolo in the Bronx just three days prior. Tuozzolo was shot and killed by a man who was out on bail and suffered from mental health problems. It was reminiscent of the October 2015 killing of NYPD Officer Randolph Holder, which the mayor referenced in the interview as well. Holder was killed in East Harlem while pursuing an armed suspect who had earlier been sentenced to a treatment program by a drug court rather than being sent to jail.
“This is a reminder that we need bail reform in the State of New York,” de Blasio told NY1 anchor Errol Louis of Tuozzolo’s murder. “We need to include the question of how dangerous a criminal is in the bail decision because there are times when someone is not – a criminal is not a flight risk, but they are a threat to the community, or they have a profound mental health challenge that needs to be addressed. These issues have to be taken into account and we need a state law that recognizes that bail – judges should have the opportunity to consider the dangerousness of the individual when making a bail decision.”
Peter Goldberg, executive director of the Brooklyn Community Bail Fund, said, as others did, that, “The fundamental problem with how bail operates is that it cages presumptively innocent people for their inability to come up with a certain amount of money.” He warns that replacing it with a system that assesses public safety might ignore that presumption as well.
“There’s a risk that a system that replaces it will exacerbate existing racial and socioeconomic inequalities,” Goldberg said. “And in any system that looks to judge a person’s dangerousness merely based on the accusation of a crime, the data being used to create that system needs to be made available to the public, to be vigorously validated, but the bedrock principle needs to be the presumption of release.”
As 2017 approaches and with it the next budget and legislative agendas for state legislators and the governor, there’s widespread optimism that bail reform will be a priority. Judge Lippman believes the issue has gestated long enough. “That digestive process has already taken place and it’s time to pick it up and run with it,” he said, confident that his commission’s recommendations will be bold and “out of the box” and will not be politically constrained. “Because of the credibility of the commission, because of the depth of the research...no public official is going to be able to fuzz around these issues,” he said. “That releases some of the political pressure.”
Senator Gianaris is bullish on bail reform as well. “We’ve seen enough injustice,” he said, “that the time has come to take a comprehensive look at this and get rid of bail once and for all.”
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
New York City Hall
What to watch for this week in New York politics:
Will there be a special session in Albany before the end of the year? That's one question we're looking for an answer to as the week begins. Time is running low for one to occur before the holidays at the end of the month. Governor Andrew Cuomo has said he wants to hold one to deal with a variety of issues, including pay raises for legislators and executive branch employees and other reforms to the legislator position, plus 421-a and more.
Meanwhile, here in the city, Mayor Bill de Blasio continues to move his reelection campaign along. On Sunday de Blasio spoke at Parkchester Baptist Church in the Bronx and received the re-election endorsement of Assemblymember Luis Sepulveda, the first state-level endorsement of the mayor’s reelection campaign, which has kicked off with several union endorsements and the backing of former Mayor David Dinkins and Brooklyn Borough President Eric Adams.
On Sunday afternoon, in his official capacity as mayor, de Blasio delivered remarks at the New York Progressive Action Network Conference. De Blasio begins his week with three public events Monday -- see below for details.
Also Sunday, U.S. Senator Kirsten Gillibrand, with faith leaders, announced “a new push for additional federal anti-terror funding to help safeguard civil, religious and community institutions.” Gillibrand cited the NYPD reporting a 30 percent jump in hate crimes throughout the city in 2016, and her office said she “will call for additional funding in the Fiscal Year (FY) 2017 Homeland Security appropriations bill for the Urban Area Security Initiative (UASI) Non-Profit Security Grant Program (NSGP). This additional funding would help ensure the protection of non-profit facilities and places of worship from potential threats. The Senate is currently debating the measure and is set to vote on it next week.”
This week, we're watching for news out of Albany on a special session and much more. As always, there's a great deal happening all over the city, with many events to be aware of -- see our day-by-day rundown below.
***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***
The run of the week in detail:
Monday
On Monday, Mayor de Blasio has three public events: at 10 a.m. at the First Precinct, "de Blasio and Police Commissioner James P. O’Neill will host a press conference to discuss crime statistics." "In the evening, the Mayor will appear on NY1’s Inside City Hall...Later the Mayor will deliver remarks at the Brooklyn Bar Association's Annual Dinner." The mayor is also hosting "a meeting with the Executive Committee of the New York Conference of Mayors at Gracie Mansion" that is closed to the press and public.
At the City Council on Monday:
At 8 a.m. Monday, the Association for a Better New York will have a breakfast with William C. Dudley, President of the Federal Reserve Bank of New York. Dudley “will present a macroeconomic outlook and what it means for New York.”
At 10 a.m. Monday in Albany, the New York State Assembly Standing Committee on Education will hold a public hearing “to examine and study existing and new ways to support and improve the academic success of English Language Learner students in New York State’s school districts.”
On Monday at 10 a.m., “New York City Council Member Andy King and Schools Chancellor Carmen Farina will visit all schools on Evander Childs High School campus.”
At 10:30 a.m. Monday near Trump Tower, City Council Transportation Chair Ydanis Rodriguez “will call on President-Elect Donald Trump to move his transition headquarters out of New York City to ease traffic congestion in midtown Manhattan.”
At 4 p.m. Monday at York College, there will be a public hearing on the MTA’s proposed fare hikes.
On Monday at 5:30 p.m., the New York City Council will hold an event for World AIDS Day at City Hall.
On Monday at 6:30 p.m., New York Council Member Julissa Ferreras-Copeland, the Mayor's Community Affairs Unit, and the Legal Aid Society will host a “Know Your Rights Forum” in Corona. This event will be an “informational forum about immigration concerns under the Trump Administration” where “families in Corona--one of the largest immigrant communities in New York City--will be able to ask questions and receive resources from City agencies.”
Tuesday
"On Tuesday, Mayor de Blasio will hold public hearings for and sign 17 pieces of legislation – Intros. 738-A, 1079-A, 1088-A, 1090-A, 1093-A, 1094-A, 1098-A, 1100-A, 1101 and 1102, in relation to gas safety; Intro. 1124-A, in relation to establishing an electric vehicle charging station pilot program; Intro. 1183-A, in relation to establishing a task force on affordability, admissions and graduation rates at the City University of New York; Intro 1228-B, in relation to amending the New York City charter to review the operations, policies, programs and practices of the Department of Correction; Intro. 300-A, in relation to the removal of snow and ice from fire hydrants; Intro. 1147-A, in relation to establishing an office of crime victim services; and Intros. 1213-A and 1214-A, in relation to services provided to NYCHA residents, including the jobs-plus program."
"In the evening, the Mayor and First Lady Chirlane McCray will attend The Nation Institute’s 50th Anniversary Gala Dinner."
At the City Council on Tuesday: The City Council will hold a Stated Meeting at 1:30 p.m. This will be prefaced by the usual pre-stated press conference hosted by Council Speaker Melissa Mark-Viverito.
"The New York City Council on Tuesday will introduce a package of laws that would improve jobs in the fast food industry and other retail jobs, providing more regular schedules and access to more hours for workers so they can plan their lives and support their families. The council is also introducing a first-of-its-kind bill that would enable fast food workers to set up a non-profit organization in order to advocate for themselves and their families and improve their communities." Council members, workers led by 32BJ SEIU, and advocates will rally at 10 a.m. at City Hall.
On Tuesday, Stroock, Stroock, and Lavan will host a forum called "Can Media Actions Impair Justice?" The panel will explore the view held by some that “justice—in civil and criminal cases—may be under serious attack by today's news, editorial and internet coverage.” The forum will include Judge Alvin K. Hellerstein, Senior Judge, United States District Court for the Southern District of New York; Justice John M. Leventhal, Associate Justice, Appellate Division of the Supreme Court of the State of New York Second Judicial Department; William K. Rashbaum, Reporter at the New York Times; and Judge Shira A. Scheindlin (Ret.), Stroock Of Counsel. Robert Abrams, former New York State Attorney General and Chair of Stroock's Government Relations Practice Group; and Joel Cohen, former Special Prosecutor and Stroock Of Counsel, will be the moderators of the forum.
On Tuesday at 8:30 a.m., the Brooklyn Chamber of Commerce will host a breakfast with NYPD Commissioner James O’Neill.
At 11 a.m. Tuesday in Albany, "Attorney General Eric T. Schneiderman will release a report on voting rights across New York State, detailing the results of his inquiry into the unprecedented level of voting complaints regarding the April 2016 presidential primary, and outlining a comprehensive set of reforms to address these issues."
At noon Tuesday, the New York City Bar Association will have a luncheon with NYPD Commissioner James O’Neill. The NYPD Commissioner will “discuss the NYPD’s efforts to address and improve public safety and quality-of-life conditions” and also “share his vision of joining police and community resources to achieve these goals.”
At noon Tuesday, the Brennan Center for Justice will have a film screening of "Rikers," a documentary. After the screening, there will be a panel discussion on “the crisis of incarceration in America through the stories of those who’ve been imprisoned” at Rikers, including panelists Dr. Ernest Drucker, Professor, NYU College of Global Public Health and author, A Plague of Prisons: The Epidemiology of Mass Incarceration in America; Lauren-Brooke “LB” Eisen, Senior Counsel, Brennan Center for Justice at NYU School of Law; and Glenn E. Martin, Founder and President, JustLeadershipUSA, national leader and criminal justice reform advocate.
On Tuesday at 5:30 p.m., NYC Votes will hold a public hearing on the 2016 elections. NYC Votes is inviting people to “share your voting story, listen to the testimonies of other voters and to help NYC Votes improve its voter outreach and education.”
At 6 p.m. Tuesday, the Association for a Better New York Young Professionals will continue its “What’s On Tap?” series with City Council Member Ritchie Torres. Torres “will share his experiences in public service and civic leadership, his current priorities for the City Council, and his thoughts on what's next for New York post-election.”
At 6 p.m. Tuesday, Baruch College will hold “Trump’s First 100 Days: What Will He Actually Do?” Speakers include Baruch President Mitchel B. Wallerstein on Defense/National Security, Professor Els de Graauw on Immigration Policy, Professor Hector Cordero-Guzmán on Workforce Issues, Professor Judith Kafka on K-12 Education, Clinical Professor Jeffrey Apfel on Higher Education, Professor John Casey on The Landscape for Nonprofits/Civil Society, Professor Dahlia Remler on Health Care Policy, Professor Tom Halper on The Court & Appointments, Professor Eric Gander on The Court & The First Amendment, and Professor David Jones on Congress.
At 6:30 p.m. Tuesday, the New York City Bar Association will hold “An Evening with Judge Margo K. Brodie, United States District Court Judge, EDNY.” Brodie will “share reflections on her career path, advice on how to navigate the legal profession, and the responsibilities and benefits of being an active member of the profession.”
Wednesday
At the City Council on Wednesday: The Committee on Health will meet at 1 p.m. to discuss proposed laws that deal with the reporting of HPV vaccination rates, the use of long-acting reversible contraceptives, and maternal mortality.
On Wednesday, the New York City Housing Conference will hold its 43rd Annual Awards Program and “Keys to Opportunity” conference. New York City Council Speaker Melissa Mark-Viverito will be the keynote speaker. Honorees will include Shola Olatoye, CEO of NYCHA. Panel discussions will include a “Federal Policy Update,” “Connecting Services to Housing,” “Planning for Year-15,” “Winning Strategies For Community Engagement,” “How to Make Housing Healthier,” and “City & State Financing Programs.” Panelists will include City Council Members Donovan Richards and Jumaane Williams and Bronx Borough President Ruben Diaz Jr.
Thursday
At the City Council on Thursday:
On Thursday at 3 p.m., the Center for Community and Ethnic Media at CUNY Journalism School will release a new research study: "NYC's Ethnic Media in the Digital Age," from Matthew Matsaganis, Ph.D. Associate Professor, University at Albany, State University of New York.
On Thursday at 6:30 p.m., the Museum of the City of New York will hold “Zoning at New Heights: Supertalls and the Accidental Skyline.” This event will “consider whether or not the zoning regulations that were created to tame towers during the rise of the skyscraper in the early 20th century have kept pace with the evolving skyline.” John Cetra, AIA, Founding Principal, Cetra Ruddy; Raphaël Fischler, Associate Professor at the School of Urban Planning, McGill ; Terrence O'Neal, Chair of the Land Use and Waterfront Committee, Community Board 6; Michael T. Sillerman, Partner, Kramer Levin Naftalis & Frankel LLP; and Carol Willis, Founding Director of the The Skyscraper Museum will be the panelists. Edith Hsu-Chen from the NYC Department of City Planning Director for Manhattan will be the moderator.
On Thursday at 6:30 p.m., New York City Council Member Dan Garodnick will host “A Call To Action: Advancing NY Values from Your House to the White House.” At this event, people will “learn how over the next four years we can advance and preserve the values that make New York City great.” This event is co-sponsored by Congresswoman Carolyn Maloney, Borough President Gale Brewer, Senator Liz Krueger, and Assembly Member Dan Quart. The event will include a panel discussion and an advocacy resource fair, with groups like Planned Parenthood NYC, the New York Civil Liberties Union, Make The Road New York, The Anti-Violence Project, Big Brothers Big Sisters, the Anti-Defamation League, Coalition for the Homeless, and the New York Immigration Coalition. Panelists will include Rashida Richardson, New York Civil Liberties Union; Daniel Altschuler, Make the Road New York; Elizabeth Adams, Planned Parenthood of NYC; and Yasmin Safdie,The Anti-Violence Project.
Friday and the weekend
Nothing on our radar for Friday or the weekend as of the start of the week. Among things that could be on the docket: Mayor Bill de Blasio is likely to make his weekly appearance on WNYC’s The Brian Lehrer Show on Friday morning.
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Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).
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by Brendan Birth and Ben Max
@GothamGazette
(photo via The Governor's Office)
After months of deliberating, a commission tasked with recommending salary adjustments for state lawmakers and executive branch employees met for the final time on Nov. 15 and did not suggest raises. The salary of New York state legislators has remained the same since 1999, and could stay unchanged until the commission meets again in another four years, as established by the 2015 law that created a new process for such pay raises.
Governor Andrew Cuomo and members of the Senate and Assembly could override their recent decision to leave raises up to a commission and pass compensation reform earlier.
One of the main arguments made in support of raising lawmaker salaries is that a higher salary would “attract the best possible people to pursue the position,” since “a depressed salary will eventually discourage qualified people from pursuing those offices,” as Assembly Speaker Carl Heastie wrote in a letter sent to the commission Oct. 5.
Though the notion that increasing politicians’ pay is needed to attract better candidates to office may be quite disagreeable to the public, Heastie is not alone in that line of thinking.
Some government reform advocates, academics, and, naturally, Heastie’s appointee to the commission, Roman Hedges, have argued that better pay generates increased competition among candidates, leading to more choices for voters, and, as Hedges put it, would attract “the best people available” and create a “more professional Legislature."
But is that true? The body of academic research examining this question has produced somewhat mixed results, though the findings generally support the claim. Most studies have shown that higher wages do result in increased political competition and attract more educated candidates (more college degree holders). Most research also shows that higher pay increases the rate at which incumbents seek reelection.
Some studies shows that higher salaries improve lawmakers’ performance in office (as measured by the number of bills submitted and approved), while others have found that lawmakers with higher salaries spend less time on legislative activities.
New York State lawmakers currently earn a base salary of $79,500 annually for what is technically a part-time job. Lawmakers may still hold employment elsewhere and earn outside income (and almost half do), and most lawmakers earn an additional $9,000-$41,500 annually from legislative stipends, or lulus, and also get per diems for traveling to Albany.
Even though they haven’t had a raise in 17 years and the job is part-time, New York lawmakers are still the third highest paid in the nation, behind only California ($100,113 per year) and Pennsylvania ($85,339). How often state legislatures meet and how they function differ vastly from state to state, with some, like New Hampshire, paying its lawmakers only $100 a year in order to maintain a more citizen legislature.
Had New York state lawmakers’ salaries kept up with inflation, legislators would earn about $114,000 annually. The median household income in New York is $58,687. New York City Council members recently voted themselves raises, to increase the base salary to $148,500 per year, but they also banned outside income and lulus, and are subject to a maximum of two four-year terms. There are no term limits in the state Legislature, which is “in session” from January to June each year.
Peverill Squire, a political science professor at the University of Missouri, has a body of research measuring the impact of salaries on state lawmakers across the United States. Overall, Squire has found that more seats go uncontested when legislative pay is lower (giving voters fewer choices); higher pay allows lawmakers to spend more time on their legislative responsibilities; and higher salaries are more likely to attract lawmakers who hold college degrees. For example, 88 percent of California state lawmakers, who earn $100,113 annually, have college degrees, while only 49 percent of New Hampshire state lawmakers, who earn $100 annually, have graduated from college.
Squire sent testimony to the New York State compensation commission, per the commission’s request, summarizing some of the findings from academic literature examining the influence of salaries on lawmakers. More professionalized legislatures (meaning legislatures that meet longer and supply lawmakers with higher salaries and more staff) pass a greater percentage of bills overall and enact more bills per legislative day.
Squire also noted that turnover declines as salary levels increase (the effects of which are debatable), and that lawmakers in legislatures with a higher degree of professionalization “have more contact with their constituents” and “are more attentive to their concerns.”
Some academics and policy experts caution against thinking of higher salaries as a panacea for Albany’s dysfunction. New York lawmakers are relatively well-paid among state legislatures nationally, yet that has neither deterred corruption in the state capital nor resulted in a more functional legislature.
The state Legislature is “more transactional than they’ve ever been,” said E.J. McMahon, research director of the Empire Center, a conservative think tank that studies the state economy and public policy. “At this point, by historical standards for sure, the Governor and the state Legislature, given their responsibilities, are not paid enough…but the Legislature stands out for how poor a job it does in many ways,” McMahon said.
“They introduce thousands and thousands of bills, do very little in the way of real deliberation,” McMahon added, highlighting frustrations raised in responses to a public opinion survey posted on the compensation commission’s website. “They’re as bad as they’ve ever been at waiting till the last minute to sheepishly go along and rubber stamp something that legislative leaders have cut a deal on” with the governor, McMahon said.
Adjusting the compensation levels of elected officials is a tricky situation for many reasons, especially because lawmakers inevitably have to prompt their own raise in some way, which is always a politically unfavorable move. And in New York, legislators living in and around New York City have a far greater cost of living than others.
“I think we need to pay people commensurate with our expectations of them,” said Gerald Benjamin, professor of political science and director of the Benjamin Center at SUNY New Paltz, who served on a compensation commission in Ulster County. Benjamin would prefer that state lawmakers do “full-time work for full-time pay,” in accordance with what is needed to “live reasonably as a family person in New York.”
Yet since that needed amount would differ in different areas of the state, “and compensation needs to be equal because of the nature of the task,” compensation would be skewed toward the higher end, and salaries should “be adjusted formulaically after a base is established…Pay must be targeted to open up the possibility to serve to a broad spectrum of New Yorkers,” Benjamin said.
Benjamin’s suggestion calls attention to the difficulty of adjusting the salaries of elected officials based on one measurement alone, which is what led Italian economists Stefano Gagliarducci and Tommaso Nannicini to examine the relationship between pay and the quality of Italian mayors, as the wage of mayors in Italy depends on population size. Like New York state lawmakers, Italian mayors may also earn outside income. Gagliarducci and Nannicini found that higher wages attracted more educated candidates (as measured by the amount of years spent in school).
Another study examined whether higher wages improve lawmakers’ performance in office, increase competition for office, and attract “higher quality candidates” amongst municipal councilors in Brazil after a constitutional amendment introduced caps on their wages according to population size, resulting in some legislators receiving higher pay than others.
Economists Claudio Ferraz and Frederico Finan analyzed the educational and professional background of everyone who ran for municipal government in the year the amendment took effect, and tracked what the winning candidates did while in office. They found that higher wages increased political competition by attracting more candidates (though it also increased reelection rates among incumbent candidates), and attracted more educated legislators with more experience, though this effect was modest. As with New York state lawmakers, the role of a municipal councilor in Brazil is not a full-time position, and a majority of councilors still have an additional professional role.
Additionally, Ferraz and Finan found that higher salaries improved politicians’ performance in office, as measured by both the number of bills submitted by legislators and the number of bills approved, which they believe may be due to the higher incentive to be reelected.
However, not all academic research points to the same conclusion. In 2014, Columbia Business School economist Raymond Fisman and others analyzed the impact of salaries on the educational background of members of the European Parliament, and the performance of those MEPs while in office (as a law had just been introduced which equalized MEPs’ salaries, which had previously differed significantly) and found that increased salaries actually decreased the number of MEPs who came from highly-ranked universities.
Like Ferraz and Finan, however, Fisman also found that higher salaries also increased the number of incumbents who ran for reelection, and that higher salaries did “induce more political competition.”
Significantly, Fisman’s study found that MEPs whose pay increased did not become more productive in terms of their attendance at legislative sessions or their legislative output (including the number of reports prepared, written declarations, motions for resolutions, etc.). The researchers concluded that in this instance, “monetary incentives have no discernible impact on politicians’ effort, which seems more influenced by non pecuniary motivations.”
Fisman believes this could perhaps be the result of extrinsic rewards (more money) overriding the intrinsic ones (a personal calling to represent people). Though most academic research has found that higher pay does indeed increase political competition by prompting more candidates to run for office, Fisman’s findings suggest that higher pay may not necessarily lead to “better” representatives, though the additional money does attract some candidates who may not have otherwise run for office.
“There is a relationship between higher pay and inducing more people to run,” said Fritz Schwarz, Jr., chief counsel at the Brennan Center for Justice and chair of New York City’s 2015 quadrennial advisory commission, which was called to evaluate the salaries of the city’s elected officials and led to pay raises for City Council members, the Mayor, and other positions. “But I think it’s not a one-to-one relationship,” Schwarz said. “There are good people who choose to run with the low pay, and not everybody who is induced to run with the high pay is going to be Alexander Hamilton or James Madison.”
Another 2014 study, one which examined the salaries of state legislators and governors across the United States over the past 60 years, found that politicians in states with higher wages “spend greater time on fund-raising and on constituent services, but no more time on legislative activities.” Professors Elizabeth Lyons at the University of California and Mitchell Hoffman at the University of Toronto caution that their findings call into question the claim that increasing legislators’ salaries will improve the quality of state governments. However, their study did again find that higher salaries are associated with increases in political competitiveness, though the effect was modest.
Overall, most studies find that higher pay does lead to more competitive elections, which is good for voters, and generally attracts candidates with more years of education. Higher pay alone does not necessarily improve the performance of politicians while in office, which is itself tricky to define, though it does give them a greater incentive to get reelected, which may influence them to work harder to maintain their position.
Adjusted for inflation, New York state lawmakers are making less now than at most points since their last raise, in 1999. State lawmakers in California and Pennsylvania, the two states that pay their legislators more than New York, regularly see their salaries increased incrementally every year -- Pennsylvania's are pegged to a cost of living adjustment and in California a commission meets every year to adjust legislator salaries.
The question of whether or not lawmakers should receive a raise often becomes entangled by other questions: should they be able to earn outside income, or should the position be considered full-time? Should members who don’t hold leadership positions still receive stipends? Should pay be based on how effective lawmakers actually are?
Strong differences of opinion on these questions ultimately led to the state compensation commission’s failure to do the one thing it was called to do: recommend salary adjustments.
Government reform advocates, academics, and even some members of the commission were generally in agreement that New York state lawmakers ought to be paid a bit more, despite the fact that they are already the third highest paid lawmakers in the nation and Albany is still very dysfunctional. Governor Andrew Cuomo and his appointees to the compensation commission are, in fact, demanding other reforms to the position, like limits on outside income, in exchange for a salary increase -- something legislative leaders have balked at and called inappropriate given the duties of the commission.
“I think a lot of legislators in both houses, in both parties, are very frustrated with the way things work, and pay is a varying part of that frustration for some of them,” said McMahon. “But most of them are not going to be any less frustrated - they’ll simply be paid more and just as frustrated. They see how badly the system works and they’d like to change it, but they can’t figure out how to do it.”
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by Meg O'Connor, Gotham Gazette
@megoconnor13 @GothamGazette