Investigators into the Metro-North derailment are leaning towards operator error since the engineer admitted to losing focus on the controls. Criminal charges are uncertain. His lapse in attentiveness is being referred to as "highway hypnosis." Regulators have called for mandatory safety retraining of Metro-North workers and the creation of a confidential reporting system that lets employees report safety concerns. The train apparently had a warning system to alert inattentive operators, but it was in the locomotive on the other side of the train.

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De Blasio Appoints Anthony Shorris As First Deputy Mayor (Wall Street Journal)

Corruption Prosecutions: Albany VS Manhattan (Wall Street Journal)

The Extent Of Crime Lab's Errors In Handling Evidence: Report (NY Times)

Poor Black And Hispanic Men Are The Face Of HIV (NY Times)

Embattled 34th Precinct Council President Removed By NYPD (DNAinfo)

Cuomo: Legislature Has History Of Corruption (Wall Street Journal)

Council Considers Electronic Cigarette Ban (Wall Street Journal)

Cuomo: Corruption Panel's Split On Public Funding No Surprise (Albany Times Union)

Councilwoman’s Talk Of Black-Jewish Resentment Called Racist (Daily News)

Union officials said yesterday that the driver of the Metro-North train that derailed on Sunday in the Bronx might have had some sort of lapse of concentration as the train headed into a dangerous curve at high speeds. The resulting derailment killed 4 and injured over 60 people. Federal investigators said they found no mechanical problems with the train. The National Transportation Safety Board has dismissed the union as an investigative partner for violating a confidentiality agreement. Metropolitan Transportation Authority chairman Thomas Prendergrast said that he is considering new safety measures that could limit train speed in dangerous areas. Hudson Line service resumes today. 

Other Stories We're Following

Corruption Panel’s Report Offers Look at Payback Culture of Albany (NY Times)

Outsize Role for De Blasio’s Wife Expected (NY Times)

Lawmakers Wonder Why Moreland Didn’t Look at Cuomo, Schneiderman (Buffalo News)

De Blasio Refunded Nearly $250 K (Daily News)

Cuomo Still Backing Public Financing of Campaigns (Daily News)

Bloomberg Not Ready to Endorse Cuomo Re-election (NY Observer)

How Long Can City Hospitals Survive? (Capital)

The Cuomo-de Blasio Drama to Come (Capital)

De Blasio Keeping Quiet on Schools Chancellor Candidate (Wall Street Journal)

Katz Picks Former Rival as Deputy (DNAinfo)

City’s Biotech Industry Bolstered (Crain's)

MTA Braces For Lawsuits (Crain's)

The Metro-North train that derailed Sunday was speeding at 82 mph when it came to the Bronx turn that sent it off the rails, federal investigators said yesterday. The turn is one of the system's sharpest, and trains are not supposed to go faster than 30 mph in that zone. Even the straight-away leading up to it has a speed limit of 70 mph. The National Transportation Safety Board said it looks like there was no problem with the brakes, but it was still unclear if the train's speed was due to human error or faulty equipment. The engineer driving the train had a "good reputation." Law enforcement is mounting their own investigation to determine if a crime was committed. Experts say decades-old crash avoidance technology could have prevented the accident. The crash is the latest in a series of problems for Metro-North.

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What Cuomo Has to Fear in 2014 (Capital)

Corruption Commission Report: Reform Can't Wait (Albany Times Union)

Despite Campaign Promise, De Blasio To Pick Schools Chancellor In Private (Daily News)

Prosecutor Sees Danger In Budget Cuts (NY Times)

NYPD Lieutenant Branded Whistleblower Detective A 'Rat' (Daily News)

Suit May Force Cuomo To Address Fracking (NY Post)

De Blasio Pushes Lawmakers For Pre-K Plan (Associated Press)

Minority Members: Diversity ‘Quota’ Not Met For Speaker’s Race (Politicker)

De Blasio May Not Want Speaker To His Left (Crain's)

Mark-Viverito Drops Controversial Advance Group For Speaker Bid (Politicker)

Demystifying de Blasio (Capital)

Macy's, Bloomingdale's Hit With Subpoenas Over Shop-and-Frisk (DNAinfo)

State Subpoenas Websites In Effort To Curb Payday Lenders (NY Times)

Today's Report

One In Five NYC Children Hungry
One in six New York City residents still face food insecurity and hunger, while food pantries and soup kitchens faced a 10 percent increase in demand, according to the New York City Coalition Against Hunger’s annual survey. In the 2010-2012 time period 1.4 million residents – including one in five children – lived in households that lacked sufficient food. (read the full report)

Recent Reports
Loose Change Means Millions For MTA, Spike In Heating Costs, City Payphones Turn Profit, Flood Maps Will Increase Insurance Costs, Immigrants and Workers of Color More Likely to Be Injured on Construction Sites , more recent reports.

Investigators are trying to determine the cause of a horrifying Metro-North commuter train derailment in the Bronx that killed four people and injured over 60 others, 11 critically. Sunday's accident was the first with passenger fatalities in the 30-year history of the commuter rail line, the second-largest in the nation. A team with the National Transportation Safety Board was sent to the crash site to help determine the cause.

Reports indicate that the train derailed after turning a whiplash bend near the under pass to the Henry Hudson Bridge. Reports also indicate that the operator of the train applied the brakes just before the crash. Mayor Michael Bloomberg was being criticized for not appearing at the site of the crash, but his aides deflected by saying that it was a state matter because it involved a state agency.

NEW IN THE GOTHAM GAZETTE — Why The Legislature Is Fighting The Governor’s Anti-Corruption Commission: Gov. Andrew Cuomo and the leaders of the state Legislature are headed for a legal showdown over subpoenas issued by an anti-corruption commission that is seeking information about lawmakers’ outside income and clients. By David Howard King. READ MORE

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2 May Battle Rangel For His Seat (Daily News)

De Blasio To Meet With State Democrats (Daily News)

Which Courts Collect The Most Fines? [Interactive] (the Post Standard)

Common Core Is Unifying Cause For Opponents (Buffalo News)

Moreland Commission Poised To Issue Recommendations (Newsday)

De Blasio's A-List Inauguration Committee (Daily News)

Business Community Wary Of De Blasio (Wall Street Journal)

Process Servers Struggle After Council Changes Push Up Costs (Crain's)

The state's highest court struck down Mayor Bloomberg's policy requiring single adults to prove they have nowhere else to go before being accepted into a city shelter. The decision was based on procedural grounds, not its merits. The state Court of Appeals affirmed two lower court rulings that the administration had not notified the public or provided hearings about the policy. It would have required applicants to provide documentation of finances, mental and physical health, and housing history. The City Council and the Legal Aid Society brought the suit. The shelter population has surged 69 percent under Bloomberg's tenure to more than 50,000.

City Council Approves Campaign Donations Via Text Message: The City Council passed a bill (Intro 764-A) on Tuesday that would allow the campaigns of candidates running for local office to collect donations up to $99 via text messaging. By Chester Soria. READ MORE

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NYPD Whistleblower Schoolcraft Can't Be Hit By Countersuit (Daily News)

Councilwoman Mark-Viverito May Have Violated Ethics Rules (Daily News)

State, City Differ On Focus Of Sandy Aid (Wall Street Journal)

Advocates Want Larger Portion To Fight Hunger (Albany Times Union)

De Blasio's Ideas Had Success In Other Cities (Wall Street Journal)

Cuomo Predicts State Budget Surplus (Crain's)

Council Looks At Lower Speed Limits (NY Times)

Councilman Levin Racks Up Unpaid Parking Tickets (NY Post)

Cuomo’s Tax Focus Threatens de Blasio Plan (NY Post)

Make Or Break Deadline For Willets Point Businesses (WNYC)

Outer Borough Taxis Cluster In Small Number Of Neighborhoods (NY World)

Report: Airports Account For $63 Billion In Economic Activity (Crain's)

The City Council yesterday held a hearing on what to do with Styrofoam packaging, which isn't biodegradable. One measure, backed by Mayor Bloomberg, would ban it from city restaurants, the other would recycle it. A major Styrofoam manufacturer even offered to pay for recycling, although the company that handles recycling for the city isn't crazy about the idea. After lobbying by the Styrofoam company, the ban was softened. Councilman Lew Fidler, the bill's sponsor, inserted language that would postpone a ban for a year in order to give recycling a try, even though he thinks it's just a fantasy. Places like San Francisco have already successfully initiated a ban.

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Two Months Later, Health Insurance Seekers Find Frustration (WNYC)

Progressive Caucus Quietly Vets Speaker Hopefuls (Politicker)

Democratic Speaker Candidates Strain To Appease Republican Trio (Politicker)

Food Pantries Restock Shelves With $4.5 Million From State (Albany Times Union)

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De Blasio Calls For Education Reforms (Associated Press)

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A group of 120 principals have issued a letter in support of the school network structure that is at the center of the Bloomberg administration's education reforms aimed at empowering principals as educators. Mayor-elect Bill de Blasio and others have questioned the need for the support networks, which provide for professional development, curriculum and budgeting. But principals said in their letter that the networks "provide particular kinds of support for schools that many of us have found to be invaluable." Critics say the networks haven't met expectations in many cases. New York University professor Pedro Noguera, speaking to GothamSchools, said of the quality of networks: “It’s a very mixed bag out there.”

The Bloomberg Fiscal Legacy: After 12 years in office, Mayor Michael Bloomberg will have left an indelible fiscal stamp on New York City that will present his successor — and any progressive agenda — with formidable challenges. A commentary by Glenn Pasanen. READ MORE.

Today's policy agenda: State Sen Liz Krueger joins Hunger Action Network at a news conference to highlight how cuts to food stamps have affected New Yorkers and calls for anti-hunger measures under next mayor, 11 a.m., All Souls' Church, 1157 Lexington Ave. The City Council's committee for sanitation and solid waste management considers a bill that would ban styrofoam to-go cups and containers, 1 p.m., Council Chambers, City Hall.

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NEW YORK — After a dismal turnout for this year’s costly runoff for public advocate, the City Council is spending its last five weeks in office exploring what, if anything, it can do to reform post-primary runoff elections.

The Council held a committee hearing on Thursday on two bills that would institute one form or another of instant runoff voting, where candidates would be ranked by voters — saving the city from having to run a separate election in close races.

A third bill also under consideration would eliminate runoffs altogether for the races for comptroller and public advocate.

The city’s charter requires a runoff for the three citywide seats: mayor, comptroller and public advocate, but the three bills sitting in committee would change how New Yorkers pick their candidates for the 2017 elections.

Fewer than 200,000 New Yorkers voted for the one-race runoff on Oct. 1 for the public advocate’s office. The contest was a blow-out success for City Councilwoman Letitia James of Brooklyn — at a cost of some $13 million to taxpayers.

At the hearing on Thursday, Public Advocate-elect James acknowledged once again that she won the seat with support of 3 percent of the city’s voting population. But she questioned whether instant runoff voting was the right solution.

“These are complicated issues,” James said of the intricacies of instant runoffs. “And at this point in time all I’m seeing and hearing is ‘litigation, litigation, litigation.”

IRV in NYC

Instant runoff voting — or IRV — would allow New Yorkers to rank candidates on a ballot that would then be scanned on the day of the primary. There are two bills under consideration by the Council dealing with IRV.

One narrower bill, sponsored by Manhattan Councilwoman Gale Brewer, would offer IRV only to military and absentee voters (Intro 1108). Thirty-six Council members have signed on to the bill. Brooklyn Councilman Brad Lander has offered a more aggressive second bill that adopts IRV for the three citywide races (Intro 1066). Lander’s bill has 23 co-sponsors.

Having additional ranking options would likely force the city’s Board of Elections to redesign the ballot with multiple pages. In its testimony, the board told Council members that each additional printed ballot page could cost $1.75 million.

The board also said that training the city’s 36,000 poll workers in new IRV procedures would cost an additional $2 to $4 million annually. Councilman Brad Lander furrowed his brow at the training cost, arguing that including training IRV ballots wouldn’t require that drastic a price tag.

“I think what we’re trying to provide the worst-case scenario numbers,” warned Michael Ryan, executive director of the city’s elections board, at the hearing on Thursday.

Crowded pages could mean not just an additional one or two pages on the ballot, James said, but potentially upwards of six or seven. That likely means pushing names off the front page, leaving some candidates unhappy about where they land on the ballot.

No More Runoffs?

A third bill (Intro 1192), introduced by James, would eliminate runoff elections for the races for comptroller and public advocate, although she did suggest including the mayoral race to include all citywide races.

Only brought to committee last week, it currently has three other sponsors.

Good government groups pushed back on the idea of getting rid of the runoff outright, which didn’t exist until a 1973 charter revision. At the hearing, Citizens Union Policy Director Alex Camarda defended the runoff as a means to ensure candidates are elected by more than just a plurality.

Common Cause New York’s Executive Director Susan Lerner agreed. “I do think strange things can happen without a runoff on some down-ballot races,” she said.

Moving Forward

The next Council could take any of the bills up again if none of the three succeed this term. They’ll then face a mayor who’s unconvinced about instant runoffs. Mayor-elect Bill de Blasio has previously announced his own skepticism to IRV.

Even if the current Council can manage to get any of the bills to the floor for a vote before January, the legislation would still face a ballot referendum next November. If New Yorkers vote to opt into IRV, those changes to city election law — including how ballots are designed — also need to be approved by the state’s Board of Elections. The earliest any voter will see this happen in an election is 2017.

Assemblyman Brian Kavanagh, who is also pushing for a runoff reform bill in Albany, testified to the committee that there’s interest in his bill by members of both the Democrat-controlled Assembly and more politically complicated Senate.

If the bill currently sitting in an Assembly committee succeeds, Kavanagh said, there wouldn’t be a need for a referendum or mayoral approval.

Mayor Michael Bloomberg announced yesterday that he will leave his successor, Bill de Blasio, a balanced budget. The Bloomberg administration had projected a $2 billion deficit in June. The administration attributed the brighter financial news to better-than-expected tax revenue and savings. The budget does not include the $7 billion in retroactive pay that city unions want and that the mayor-elect will have to negotiate.

Don’t Expect Moreland Report on December 1st, Source Says: The Moreland Commission to Investigate Public Corruption will not be delivering its preliminary report on Dec. 1, as was announced when the commisison was first created by Gov. Andrew Cuomo, a source with close working knowledge of the panel told the Gotham Gazette on Thursday. By David Howard King. READ MORE. 

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Cuomo Prefers Radio to Spread Message (NY Times)

Bloomberg Bashes Corrections Union For Halting Rikers Island Buses(Daily News)

Senate and Assembly to Jointly File Against Moreland Commission (Daily News)

Schneiderman Celebrates JPMorgan Settlement (Albany Times Union)

Pro-Fracking Employment Numbers Are Greatly Exaggerated (Capital)

City Council Speaker Hopefuls Debate (NY 1)

City Unemployment Up Slightly (Crain's)

NY’s Top Court Upholds NYC Hotel Tax on Marketers (Crain's) 

Six candidates for City Council speaker made it clear at a public forum last night that they would work with Mayor-elect Bill de Blasio to make his “progressive agenda” a reality. When asked whether they would consider raising property taxes as an option for funding the mayor-elect’s goal of universal pre-kindergarten, the candidates were split. 

Councilwoman Melissa Mark Viverito, whose district includes East Harlem and who is seen as a key ally of de Blasio, called it a “last, last resort.” Her colleague from the Bronx, Annabel Palma, agreed. Jumaane Williams, a Brooklyn councilman, said he believed that all revenue options should be explored. But James Vacca, of the Bronx, did not see it that way. “I don’t like increasing the real estate taxes,” he said.

Dan Garodnick, of Manhattan, said he wasn’t ready to “explore alternatives” to pay for de Blasio’s universal pre-K plan. The mayor-elect has said he would seek a new tax hike on New Yorkers who earn more than half a million dollars to pay for it. The Council only has control over real estate taxes; other tax increases would have to be levied by the state, which will require the assent of lawmakers in Albany.

The speaker candidates also fielded questions on affordable housing, police reform and how the legislative body operates during the forum at Baruch College in Manhattan. Over 100 people attended the forum. The members of the Council select the speaker after the New Year. Gotham Gazette will be posting a transcript of the speaker forum on its website. 

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Assembly Examines Plan to Gather Data on Students (Albany Times Union)

Bloomberg Lured Donors For City Programs (NY Times)

Thompson Finds Job at Old Office (NY Times)

De Blasio Talks to Three Police Commissioner Candidates (DNAinfo)

Councilman Blasts Barneys and Macy’s (NY Post)

City Hospitals Push Coverage (Wall Street Journal)

Moreland Chair Dodged Board of Elections Probe (Daily News)

Viverito’s Consulting Firm May Be Hurting Her Speaker Bid (Daily News)

Half of De Blasio’s Transition Team are Donors (Crain's)

Comptroller, Good-Government Groups Call For State-Level Campaign Financing (Capital)

In Unpublished Report, Cuomo’s Tax Commission Questions Cuomo Initiative (Capital)