Thursday, November 30, 2023

Attorney General James Takes Action to Protect Laws Restricting Large-Capacity Gun Magazines

 

AG James and a Coalition of 19 Attorneys General Filed an Amicus Brief to Support California Law Challenged in Federal Court

New York Attorney General Letitia James and a coalition of 19 attorneys general filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of a California law that restricts large-capacity gun magazines. The case, Duncan v. Bonta, concerns the constitutionality of a California law that allows for possession and sale of firearms magazines that accept up to ten rounds of ammunition, but prohibits larger capacity magazines. 

“Large-capacity magazines make weapons even more deadly and can lead to horrific mass-casualty events,” said Attorney General James. “These dangerous accessories are intended to ensure the maximum number of bullets can be fired without the shooter needing to take time to reload. The pain, suffering, and loss of life that can be inflicted by a single shooter utilizing large-capacity magazines is horrific, which is why these dangerous accessories have no place in our communities. I am proud to step up and work with my fellow attorneys general to ensure this commonsense gun safety measure is not stripped away.”  

Attorney General James and the coalition of attorneys general argue that California’s large-capacity magazine law is a constitutionally permissible restriction by asserting that states have widely adopted reasonable restrictions on the public carry, possession, and sale of many types of weapons, accessories, and forms of ammunition that are not suitable for self-defense and undermine the public’s safety. The coalition also noted that large-capacity magazines are not protected by the Second Amendment because they are not “arms,” and they are not commonly used or suitable for self-defense.  

Additionally, Attorney General James and the coalition assert that California’s law is consistent with a historical tradition of regulating and imposing restrictions on new and distinctively dangerous forms of weaponry, and urged the U.S. Court of Appeals for the Ninth Circuit to uphold this law. 

Joining Attorney General James in filing this amicus brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Oregon, New Jersey, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.  

Comptroller Lander Releases Deep-Dive Report on City’s Use of Emergency Procurement

 

City doled out $1.7B in emergency contracts to respond to rapid increase in asylum seekers, extreme weather & communicable diseases from January 2022 to September 2023

Comptroller’s review comes as $432M emergency contract with DocGo uncovered concerning information & lack of experience in providing shelter & support services

New York City Comptroller Brad Lander released a deep dive into the City’s use of emergency procurement in light of various recent events that have necessitated it, including the rapid increase in asylum seekers’ arrival, extreme flooding, and the COVID-19 pandemic. Under the City Charter, the Comptroller’s office (along with the Law Department) is charged with assessing whether to grant prior approval for agencies’ use of the emergency procurement method, while also working to ensure transparency and compliance with procurement rules and regulations.  

This review examined 292 new emergency contracts from January 1, 2022 to September 30, 2023, totaling $1.73 billion. Seventy-four of those 292 contracts are for asylum seeker services, totaling $1.38 billion (80% of new emergency procurement dollars).  

The review found significant delays in agencies submitting required outlines and contracts. In FY23, agencies filed emergency contracts on average 144 days (nearly five months) after the start of the contract term even though the City’s procurement rules require that agencies submit contracts to the Comptroller’s within thirty days. The Comptroller’s review also found that agencies likely failed to report the vast majority of subcontractors on these contracts, as required by procurement rules. 

“When New York City faces an emergency, agencies must manage unexpected circumstances as nimbly and efficiently as they can. However, agencies navigating emergency procurements should not defer reporting deadlines and must adhere to guidance around transparency, accountability, and greater cost efficiency when stewarding city dollars. Otherwise, unscrupulous vendors could take advantage of the situation, supplies could go to waste, and the public could lose its trust in government to act responsively and responsibly in times of crisis,” said Comptroller Brad Lander. 

“Transparency, oversight, and accountability are critical when the City is spending billions of public dollars through emergency contracting,” said Speaker Adrienne Adams. “Comptroller Lander’s report revealing deficiencies in the Administration’s emergency contracting only underscores the need for the City to move away from an overreliance on this type of procurement and turn towards more sustainable solutions to meet the holistic needs of our communities and those seeking asylum. The city must move away from emergency contracts, especially with for-profit companies that are inherently expensive, and instead shift to non-profit organizations with a greater expertise and commitment to providing services in the long-term public interest of our city. The Administration should begin taking steps to ensure better transparency and to protect the fiscal health of our city.”

“In just about a year, the City spent $1.73 billion on 300 emergency contracts. These emergency contracts allowed vendors to be hired without standard competitive bidding that allowed taxpayers to be overcharged. The City must eliminate the use of no-bid emergency procurement practices because this migrant crisis is no longer ‘unforeseeable,’” said Council Member Julie Won. “As we continue to undergo painful budget cuts, the City’s procurement process must include the necessary guardrails to limit overspending, hold vendors accountable, and ensure our neighbors are receiving adequate services.” 

The Procurement Police Board (PPB) rules and City Charter enable agencies to accelerate the procurement of goods and services through the emergency procurement method when circumstances arise that threaten life, safety, property, or necessary services that standard procurement methods cannot meet. Agencies must identify the emergency, then receive ‘prior approval’ from both the Comptroller’s office and the Law Department. Next, agencies must identify vendors capable of addressing the emergency, solicit cost quotes, and ensure that the vendor has the requisite integrity before awarding a contract. Vendor can start work immediately once agency awards contract.

After these steps, agencies submit a written determination, a formal outline for the basis of the emergency and vendor selection, to the Comptroller and Law Department at the earliest practicable time. Typically, agencies should submit a written determination, a critical record relied upon by oversight agencies, within 15 days of the contract’s start. 

The report revealed that: 

  • In the 21 months analyzed, agencies submitted 73% of all written determinations late, more than 15 days after the contract start date.  
  • Of the agencies overseeing at least 40 emergency contracts, the Department of Housing Preservation and Development (HPD) successfully submitted 36% of their written determinations at the earliest practicable moment, whereas the Department of Health and Mental Hygiene (DOHMH) submitted the fewest on time written determinations at 6.8%.  
  • Agencies submitted only 27% of asylum seeker-related written determinations within 15 days. 

Next, agencies must file a contract package with the Comptroller within 30 days of awarding the vendor for payment to vendor and review by oversight entities. The PPB rules requires agencies to submit their emergency contract packages 30 days after awarding the vendor the contract, but City agencies often submit emergency contracts late. The report further revealed that: 

  • Agencies submitted 84% of emergency contract packages to the Comptroller’s office after 30 days.  
  • For the asylum seeker emergency, agencies submitted 73% of contract packages to the Comptroller office 30 or more days after the contract start date 

The City expects vendors pursuing emergency contracting opportunities to provide goods, services, or construction without guarantee of timely pay, which can discourage M/WBEs, nonprofits, and small vendors without sufficient working capital and who face barriers from traditional lending institutions, from pursuing these contracts. Submitting a contract allows the agency and the Comptroller’s office to review the contract terms, conditions, and scope in order to hold vendors accountable. For instance, on September 5, 2023, the Comptroller’s office returned a $432 million HPD emergency contract with Rapid Reliable Testing NY, LLC (DocGo, Inc.) over concerns inclusive of the vendor’s lack of experience in providing temporary housing and support services and the agency’s process for selecting this vendor for the award. The Comptroller uncovered much of the information that caused concern during our review of the contract package upon eventual submission, more than three months after the contract start date. 

Although contracts commonly utilize one or more subcontractors, most agencies do not report subcontractor information in the Payee Information Portal (PIP), the system of record for related approvals and payments. For example: 

  • Among the 17 agencies with emergency procurement contracts, only eight agencies recorded subcontractors in PIP.  
  • Of the 292 reviewed contracts, only 73 contracts had at least one approved subcontractor in PIP. City agencies recorded subcontractor approvals for just 16 of out of 74 asylum related emergency contracts (21%) in PIP, even though it is likely that the vast majority included subcontractors.  
  • As part of the Comptroller’s office post-submission review of asylum seeker contracts, while the Department of Homeless Services (DHS) referenced subcontractors in 51 of its contract filings, only 12 of these contracts had at least one subcontract record in PIP.    

The Comptroller recommends: 

  1. Integrating risk assessments and data driven forecasting tools into procurement planning 
    • Canvassing agencies for relevant citywide contracts 
    • Building new pre-qualified vendor lists 
    • Providing guidance to agencies on additional alternative sourcing methods 
  2. Transitioning goods, services, or construction provided under emergency contracts to a competitively sourced contract whenever possible 
    • 137 out of the 292 emergency contracts file for an extension. 82 of those contracts filed for an extension that lasts more than six months. 
  3. Strengthen accountability for vendor integrity and performance evaluation reviews. 
    • As of September 2023, only 58 of the contracts (19.9%) had performance evaluations recorded in PASSPort. Of the contracts with start dates before September 30, 2022, 116 of those contracts still have missing performance evaluations. No agency has conducted a performance review of any asylum seeker contracts. 
  4. Reform emergency procurement rules and procedures to achieve greater accountability. 

View the entire report here. 

Hochul Announces $5.1 Million to Establish School-Based Mental Health Clinics

Gov. Hochul announces funding for school based mental health programs 

Governor Hochul: “We came to this school…to meet some young people who should be at the prime of their lives and carefree. And they're still overcoming grief, the loss of loved ones, the loss of their former self, the loss of the learning experience…Today we announced that the first schools are receiving anywhere from $25,000 to $45,000 as seed money for them to develop a program where they can find a way to reach out to these young people.”

Hochul: “Today, the highlight was on these young people because the statistics are so alarming – the number of young people contemplating suicide, the number of young people feeling depression. The numbers are astronomical. And as adults, and also as leaders, we have an obligation to try to return these young people to some semblance of normalcy, even three years after the impact of the global pandemic.”

Good morning. Thank you for joining us. I just had an incredibly emotional experience with a number of high school students who opened up their hearts to me talking about the impact of the pandemic on them, even three years later. It's real. The emotions are still raw. These kids are still struggling.

And we came to this school, the Leadership and Public Service School, to meet some young people who should be at the prime of their lives and carefree. And they're still overcoming grief, the loss of loved ones, the loss of their former self, the loss of the learning experience that should have allowed them to grow in a different environment. And they all talked about being drawn into this dark, digital world where they did not have friends face to face.

So it was very disconnecting for them. So to hear from them as I launched this series back in the spring for me to personally hear from teenagers who are affected is driving me even further to the conclusion that more must be done. It's not just about stemming the learning loss, which is what we proposed resources to help deal with that last summer. But it's also about the loss of that social connection, which is having a negative effect on young people still today.

So what we're talking about today is awarding $5.1 million to school-based mental health programs. We announced the opening of this program in August. Today we announced that the first schools are receiving anywhere from $25,000 to $45,000 as seed money for them to develop a program where they can find a way to reach out to these young people, help support for their local clinicians and their guidance counselors who play critical roles. But also, building a full-time program training staff and also giving them space.

This builds on our $1 billion investment in my last Budget, a continuum of care, everything from more beds for people on the streets. They can get the support they need in hospitals. Support for people who are veterans, people with long term PTSD. People with mental health challenges, people with substance abuse challenges. So that is all what we are focusing on.

But today, the highlight was on these young people because the statistics are so alarming – the number of young people contemplating suicide, the number of young people feeling depression. The numbers are astronomical. And as adults, and also as leaders, we have an obligation to try to return these young people to some semblance of normalcy, even three years after the impact of the global pandemic.


Flaws in DOCCS Contraband Testing Led to Unsupported Discipline of Thousands of Incarcerated Individuals

 

New York State Inspector General Lucy Lang released a report detailing defects in both the manufacturing and administration of drug tests used by the New York State Department of Corrections and Community Supervision (DOCCS) to detect the presence of contraband in correctional facilities that resulted in the disciplining of more than 2,000 incarcerated individuals across the state based upon unreliable evidence. These disciplinary sanctions included solitary confinement, delays in parole eligibility, and suspension of family visitation, among others.


From 2016 to August 2020, as the opioid epidemic surged both nationally and in New York’s prisons, a test manufactured by Sirchie Finger Print Laboratories called NARK II was used in DOCCS facilities due to its unique ability to identify hard to detect drugs. In August of 2020, DOCCS notified the Inspector General that the NARK II test had inconsistent instructions, potentially causing false-positive test results. 


Notably, per instructions from its manufacturer, the NARK II test is designed to serve merely as a presumptive test, producing preliminary results requiring laboratory confirmation. Despite this instruction, for the four years the test was in circulation, DOCCS used a positive result on an unconfirmed NARK II drug test as the basis for the imposition of discipline.  


Five days after receiving the initial notification from DOCCS, the Inspector General advised DOCCS to stop taking any disciplinary action against incarcerated individuals for a positive Nark II test result until confirmatory testing by an independent laboratory could be obtained, and to begin taking remedial actions. DOCCS immediately complied with both recommendations, including reversing and expunging the disciplinary records of incarcerated individuals who had been sanctioned based on such tests.


Following a full investigation, the Inspector General substantiated that the instructions provided by the NARK II manufacturer were inconsistent, contradictory and, in some instances, inaccurate and that the manufacturer failed to identify this issue or advise DOCCS as to the existence of revised or updated instructions. The investigation also determined that in addition to failing to obtain confirmation of presumptively positive NARK II test results, DOCCS staff administering the tests failed to follow protocols to prevent misidentification of contraband or cross-contamination of samples, undermining the accuracy of even the preliminary results. 


“Lack of integrity in the systems administered to New Yorkers behind bars implicates all of us,” said New York State Inspector General Lucy Lang. “This investigation and the subsequent policy changes and record expungements represent one step closer to ensuring the level of integrity we should all expect and demand from the State.”


“Illicit drugs pose a serious threat to the safety and security of those who work and live in correctional settings, and while the detection and removal of these substances is imperative, it must be done with accuracy and fairness,” said New York State Department of Corrections and Community Supervision Acting Commissioner Daniel F. Martuscello III. “To that end, we reported the potential for false-positive field test results to the Inspector General in 2020, resulting in the subsequent investigation, and have since made improvements that align with the report’s recommendations. I commend the Office of the Inspector General for its steadfast investigation and pursuit of fairness across New York State.”


The Inspector General thanked members of her team for their work on this investigation and today’s report, including George Frany, Attorney-in-Charge of DOCCS Matters, Carmen Frangella, Deputy Chief of Investigations for the Upstate Region, and Senior Investigative Counsel & Director of Report Writing Jonathan Masters. The Inspector General also expressed her appreciation to the Department of Corrections, particularly members of its Office of Special Investigations, for their partnership in investigating this matter and for promptly addressing the issues detailed within today’s report.


Read OIG’s complete report HERE, download included photos HERE, and follow the office’s work @NewYorkStateIG.

Former California Business Owner Charged with Access Device Fraud, Aggravated Identity Theft and Witness Tampering

 

An indictment was unsealed on Monday alleging that the chief executive officer of a California business caused unauthorized charges to be placed on thousands of consumer credit and debit card accounts. 

Jason Edward Thomas Cardiff, 48, formerly of Upland, California, is charged with access device fraud, aggravated identity theft and two counts of witness tampering. The indictment alleges that Cardiff owned and operated Redwood Scientific Technologies, which sold various homeopathic thin film strip products to consumers. Between January 2018 and May 2018, Cardiff directed his employees to use the credit and debit card information associated with previous customers to charge for additional products that those customers had not ordered. The indictment further alleges that Cardiff ordered employees to destroy documents that were responsive to a Federal Trade Commission Civil Investigative Demand.

“These charges reflect the department’s commitment to investigate unauthorized charges imposed on consumer accounts and hold criminals accountable for their wrongdoing,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will use all of the tools at its disposal to prosecute such schemes.”

“This indictment alleges a blatant ripoff that simply charged customers for products they never ordered,” said U.S. Attorney Martin Estrada for the Central District of California. “We will remain vigilant to protect consumers from predatory businesses that exploit the trust placed in them by consumers.”

“The outstanding work by postal inspectors in this investigation uncovered a fraud scheme, where American consumers never received the products for which they were billed,” said Inspector in Charge Carroll Harris of the U.S. Postal Inspection Service (USPIS) Los Angeles Division. “The U.S. Postal Inspection Service is committed to protecting American consumers from falling victim to these types of fraud schemes.”

Cardiff made his initial court appearance on Nov. 27 before U.S. Magistrate Judge Brianna Fuller Mircheff of the U.S. District Court for the Central District of California. If convicted, Cardiff faces a maximum penalty of 15 years in prison for access device fraud, 20 years in prison for witness tampering and a mandatory minimum of two years in prison for aggravated identity theft. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. At his arraignment on Monday, Cardiff entered a not guilty plea and a trial was scheduled for Jan. 23, 2024.

USPIS is investigating the case.

Trial Attorneys Manu Sebastian and Brianna Gardner of the Civil Division’s Consumer Protection Branch, along with Assistant U.S. Attorney Valerie Makarewicz for the Central District of California, are prosecuting the case.

Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.

An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Five Queens Men Charged With Kidnapping And Murder

 

Damian Williams, the United States Attorney for the Southern District of New York, James Smith, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Edward A. Caban, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of an Indictment charging DONXING ZHENG, WANGCHAO HE, a/k/a “Ah Chao,” JIANGNAN LIN, a/k/a “Xiao Pang,” a/k/a “Little Fatty,” DONG LIU, a/k/a “Ah Dong,” and SUI ZHANG, a/k/a “60,” with kidnapping resulting in the death of Peng Cheng Li (the “Victim”), kidnapping conspiracy, and conspiring to distribute ketamine.  HE, LIN, LIU, and ZHANG were arrested and will be presented before U.S. Magistrate Judge Victoria Reznik.  ZHENG was arrested on a complaint on July 31, 2023, and presented on August 1, 2023, before Judge ReznikZHENG will be arraigned on the Indictment at a later date. 


U.S. Attorney Damian Williams said: “As alleged, these five defendants lured Peng Cheng Li to a location with the intent to hold him for ransom, assaulting him and transporting him to the resulting of his death.  This arrest is a testament to my Office’s dedication to protecting the safety and security of our citizens and pursuing those who dare violate that to justice.” 


FBI Assistant Director in Charge James Smith said: “These five defendants deprived the victim Peng Cheng Li of his freedom and ultimately his life when they allegedly kidnapped, assaulted, and murdered him in a failed attempt to collect a payment.  This type of barbaric behavior has no place in our society and will not be tolerated.  The FBI will be sure that anyone attempting to use violence to make money will be brought to justice.”  

NYPD Commissioner Edward A. Caban said: “As demonstrated by this case, the dangerous combination of illicit drugs and brutal violence will never be tolerated in New York City.  Today’s charges are the next step in our journey toward justice for Mr. Li.  The tireless work of NYPD investigators, FBI agents, and prosecutors from the office of the U.S. Attorney for the Southern District will ensure that all involved in these grievous crimes are held accountable for their despicable acts.”

As alleged in public court filings and the Indictment unsealed today in White Plains federal court:[1] 

On or about July 19, 2023, ZHENG, HE, LIN, LIU, ZHANG, and others known and unknown used an Internet-based cellphone application to call a restaurant to lure the Victim, an employee of the restaurant, to a location in Flushing, Queens.  When the Victim arrived at that location, ZHENG, HE, LIN, LIU, ZHANG, and others known and unknown abducted, assaulted, and held the Victim for the promise of payment.  Thereafter, ZHENG and others known and unknown drove the Victim through, among other locations, Manhattan, the Bronx, and Westchester County, and eventually took the Victim to New Hampshire.  At some point after he was abducted, the Victim died, and ZHENG and others known and unknown buried the Victim’s body in a forest in New Hampshire.

HE, 29, LIN, 22, LIU, 35, ZHANG, 22, and ZHENG, 28, all of Queens, New York, are each charged with kidnapping resulting in death, which carries a maximum potential sentence of death or life in prison; kidnapping conspiracy, which carries a maximum potential sentence of life in prison; and conspiracy to distribute ketamine, which carries a maximum potential sentence of 10 years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendants will be determined by a judge.

Mr. Williams praised the work of the FBI and the NYPD. 

This case is being handled by the Office’s White Plains Division. Assistant U. S. Attorneys Ryan W. Allison and Jared D. Hoffman are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.

NYC Comptroller Lander and Pension Trustees Join Global Labor Rights Investor Network

 

Network Comprising Investors Representing $2.2 Trillion+ in Assets Under Management and Centers the Importance of Upholding Workers Rights

New York City Comptroller Brad Lander announced that the New York City Employees’ Retirement System (NYCERS) and Teachers’ Retirement System (TRS) have joined the Labor Rights Investor Network (LRIN), a global initiative of the CWC and its partnering unions. The network consists of asset managers, asset owners and investment service providers committed to integrating labor rights into their stewardship practices.

“As financial stewards responsible for the retirement savings of thousands of unionized workers we want to ensure that the companies in which we invest our capital are in turn investing in their workforce. Ignoring fundamental workers rights risks eroding long-term shareholder value,” said Comptroller Lander. “The historic movement to ensure labor rights are respected has led to measurable gains for hundreds of thousands of workers. We are proud to stand boldly with the Committee for Workers Capital to announce this important initiative which centers respecting labor rights as a business imperative key to mitigating systemic risks.”

“Organized labor is the foundation of our City, and a central element of the City workforce whose finances we steward. Worker protections are vital to all New Yorkers. I fully support our membership in the Labor Rights Investor Network. Membership will strengthen our pension fund and promote positive labor practices that are both prudent and principled,” said New York City Public Advocate Jumaane Williams.

The Systems’ membership with the network builds upon an extensive record of prioritizing a company’s treatment of their workforce as a critical factor in their role as fiduciaries responsible for securing strong returns for hundreds of thousands of current and former public sector workers and their beneficiaries. This record includes securing a workers rights assessment by Apple and Starbucks that will conclude this year. The Systems view the right to freedom of association and collective bargaining as a fundamental human right as recognized by the International Labour Organization (ILO) and the United Nations (UN).

LRIN members set expectations for their portfolio companies and request that the boards and senior management of these companies take responsibility for labor rights oversight and ensure respect for workers’ rights to freedom of association and collective bargaining. The LRIN is housed at the Global Unions’ Committee on Workers’ Capital (CWC), a committee of the International Trade Union Confederation, the Global Union Federations and the Trade Union Advisory Committee to the OECD that advocates for the responsible investment of workers’ capital.

Comptroller Lander joined network members, representatives from Microsoft and others from the labor and business communities yesterday for an official launch of the Network during an events at the U.S. Department of Labor aimed at highlighting how businesses and investors can become more resilient and competitive by harnessing the growing global movement for worker voice.

In addition to Comptroller Lander, the trustees of the aforementioned New York City pension funds are as follows:

New York City Employees’ Retirement System (NYCERS): Mayor Eric Adams’ Appointee Bryan Berge, Director, Mayor’s Office of Pension and Investments; New York City Public Advocate Jumaane Williams; Borough Presidents: Mark Levine (Manhattan), Donovan Richards Jr. (Queens), Vito Fossella (Staten Island), and Vanessa L. Gibson (Bronx); Henry Garrido, Executive Director, District Council 37, AFSCME; Richard Davis, President Transport Workers Union Local 100; and Gregory Floyd, President, International Brotherhood of Teamsters, Local 237.

Teachers’ Retirement System (TRS): Mayor Eric Adams’ Appointee Bryan Berge, Director, Mayor’s Office of Pension and Investments; Chancellor’s Representative, Dr. Angela Green, New York City Department of Education Panel for Educational Policy; and Thomas Brown (Chair), Victoria Lee, and David Kazansky, all of the United Federation of Teachers.

MAYOR ADAMS LAUNCHES NEW EFFORT TO MAKE THOUSANDS OF NYC INTERSECTIONS SAFER, PART OF BROAD NEW STREET SAFETY INITIATIVE

 

Adams Administration to Make Safety Improvements to at Least 2,000 Intersections per Year, Including Adding Lifesaving Sight Lines to at Least 1,000

 

NYPD to Include Traffic Violence Data in Regular CompStat Reporting for First Time, Treating Traffic Safety as Core Public Safety Issue

 

Mayor Adams to Expand Safety Technology Pilot in City Vehicles and Sign Executive Order Requiring Safety Technology in Contractor and Licensee Heavy-Duty Vehicles


New York City Mayor Eric Adams today launched an aggressive, three-pronged effort to rapidly accelerate the city’s ongoing efforts to make streets safer for all New Yorkers and road users, as traffic fatalities continues to rise nationally, beginning by doubling down on the administration’s focus on improving safety at intersections. Under this initiative, the Adams administration will make safety improvements to intersections at double its current rate — delivering upgrades to at least 2,000 intersections per year, with lifesaving visibility improvements through a tool known as daylighting to at least 1,000 of those intersections each year. To build on that work, the New York City Police Department (NYPD) will add traffic violence to its regular CompStat reporting — treating traffic safety as a critical public safety issue — and the administration will make significant safety upgrades to city vehicles and vehicles of city contractors and licensees to make more vehicles safer across the city.

 

“Protecting New Yorkers is my most sacred responsibility as mayor, and that holds true for traffic violence just as much as any other form of violence. Our streets must be safe places for all New Yorkers — pedestrians, cyclists, and motorists alike,” said Mayor Adams. “Today, I’m excited to announce that we are doubling our current pace of intersection safety improvements, because that’s where more than half of all traffic injuries and deaths take place. We’re going to include traffic violence in CompStat, to treat traffic violence like the serious crime that it is. And we’re ensuring that the city leads the way towards a safer future, starting with our own fleet.”

 

“One traffic fatality is one too many. We are committed to using every lever — not only the makeup of the street itself but also how we prepare the city’s fleet for the dynamic environment of New York City streets and even how we monitor the data — to ensure that New Yorkers are safe however they choose to get around,” said Deputy Mayor for Operations Meera Joshi. “Traffic violence is violence, plain and simple. We must keep New Yorkers safe, and with this suite of initiatives, we are one step closer to doing just that.”

 

“This administration is steadfastly committed to reducing traffic violence and ensuring the safety of every New Yorker on our roadways,” said Deputy Mayor for Public Safety Phillip Banks III. “Our city's heartbeat is in the rhythm of its streets, and prioritizing roadway safety is not just a duty but a shared responsibility. Together, we are driving change by accelerating safety improvements to city streets, enhancing data collection and reporting, and investing in state-of-the-art technology that will ensure compliance with local speed laws.”

 

“Reckless behavior on New York City roadways puts everyone in serious and immediate peril, and eradicating it remains at the core of the NYPD’s intelligence-driven traffic safety policies,” said NYPD Commissioner Edward A. Caban. “Day in and day out, the men and women of the NYPD strive to keep New Yorkers safe in a variety of ways. By including traffic-specific data in CompStat reporting, our ability to fulfill that mission is greatly enhanced.”

 

“Intersections are one of the most dangerous areas on our streets, and the plan announced today will make them safer by improving visibility,” said New York City Department of Transportation (DOT) Commissioner Ydanis Rodriguez. “One life lost to traffic violence is one too many, and DOT will use every tool in its toolbox to implement safer street designs, advance critical public education efforts, and collaborate with NYPD on robust traffic enforcement.”  

 

“With the expansion of intelligent speed assistance on city fleet vehicles, we are putting the safety of pedestrians, cyclists, other motorists, and our fleet operators first,” said New York City Department of Citywide Administrative Services Commissioner Dawn M. Pinnock. “By including more vehicles in this pilot and adding school buses, we are redefining fleet safety in our city one mile at a time. As the standard bearers for fleet operations citywide, we are leaning into technological advances and prioritizing driver safety trainings to make our city's fleet not just the greenest, but the safest.”

 

“Every act of traffic violence touches New Yorkers in ways that are seen and unseen,” said New York City Department of Health and Mental Hygiene Commissioner Dr. Ashwin Vasan. “Lives are lost, and families are devastated. That hurt and trauma ripple through entire networks of friends, classmates, neighbors, and acquaintances. And the tools of public health, prevention, data, policy, and interruption of cycles of traffic violence are key to safer streets and a safer and healthier future for us all.”


Safer Intersections 2Safer Intersections

Examples of improved sight lines at intersections after implementation of daylighting treatments. Credit: New York City Department of Transportation


Accelerating Intersection Improvements & Slowing Turns

 

Intersections pose a special safety challenge in New York City. Crashes at intersections typically comprise 50 percent of all fatalities and 70 percent of all injuries in a year. For pedestrians, the dangers are more pronounced: 55 percent of pedestrian fatalities and 79 percent of pedestrian traffic injuries occur at intersections.

 

The Adams administration has made intersections a priority for street safety improvements. In January 2022, Mayor Adams announced a plan to make 1,000 intersections safer in one year with design improvements like improved traffic signals, raised crosswalks, and other expanded pedestrian space and visibility measures. The administration exceeded that goal two months ahead of schedule, ultimately completing improvements at 1,400 intersections in 2022.

 

In 2024, the administration will double that initial goal and make safety improvements at 2,000 intersections with design improvements like raised crosswalks, extended sidewalks, and leading pedestrian signals. Of those intersections, 1,000 will receive daylighting treatments to enhance visibility along with design upgrades to slow down turning vehicles.

 

This new target represents a dramatic expansion of daylighting — 10 times the requirement under local law and more than three times the current rate. Daylighting is a recommended tool in the National Association of City Transportation Officials’ Urban Design Guide and has contributed to decreases in pedestrian injuries and overall crashes in cities like San Francisco and Hoboken, NJ.

 

Adding Traffic Violence to CompStat

 

Through the CompStat 2.0 online dashboard, the NYPD provides New Yorkers with weekly data on the administration’s progress on fighting crime and promoting public safety. Starting January 1, that resource will also include statistics on traffic fatalities, putting traffic violence on par with other violent crime and further elevating efforts to combat traffic violence as a top administration priority.

 

Additionally, DOT will expand its standard traffic fatality data updated daily and provided regularly to members of the press. Beginning in January 2024, the data will better account for the diverse ways that New Yorkers get around now — delineating traffic fatalities by 11 subcategories, up from the current five. The new table will break down data into the following subcategories: pedestrian, traditional bike, motorcycle, e-bike, moped, stand-up e-scooter, dirt bike/ATV, other motorized two-wheeled device, car, SUV, and other motor vehicle.

 

Making the City’s Fleet Even Safer

 

In August 2022, Mayor Adams and DCAS Commissioner Pinnock launched a pilot program to add active intelligent speed assistance (ISA) technology in 50 city vehicles, restricting maximum speeds and ensuring almost universal compliance with speed limits across 750,000 miles traveled. Paired with additional technological improvements, the implementation of this tool has led to a 20 percent decrease in crashes involving city vehicles.

 

The administration is now expanding that pilot program fivefold and including 50 school buses for the first time — helping keep young New Yorkers safe as they travel to and from school. The city is also applying for a federal grant to add ISA technology to thousands of additional city fleet vehicles.

 

DCAS will test additional safety improvements to the school bus fleet, including audible turn alerts, safety surround cameras, pedestrian collision warning systems, and back-up sensors. The agency will require that school bus operators participate in urban safety and defensive driver training, with the goal of having all drivers complete that training by the start of the 2025-2026 school year. In the coming weeks, DCAS will release a holistic Safe Fleet Transition Plan, encompassing these and other initiatives to make the city’s school buses safer.

 

In the coming weeks, Mayor Adams will issue an executive order setting forth a framework for contractor heavy duty vehicles to include vehicle safety training and technology, ranging from truck surround cameras to telematics. Separately, the mayor’s office will work with the Business Integrity Commission to further strengthen rules related to heavy-duty trade waste vehicles.

 

“Few things can improve street safety like creating better visibility at intersections, which Hoboken has proved over the past several years, so we applaud Mayor Adams and DOT for launching this effort to daylight many more New York City intersections,” said Eric McClure, executive director, StreetsPAC. “We also hope that the inclusion of traffic violence data in CompStat reporting will lead to more effective, and equitable, enforcement against dangerous driving. And we’re excited for the city’s commitment to expanding fleet safety initiatives while including contractors and licensees in those efforts.”

 

“New York City is leading the way on implementing proven vehicle safety technology that will save lives and prevent injuries on our nation’s roads,” said National Transportation Safety Board Chair Jennifer Homendy. “The U.S. is facing a growing public health crisis on our roads, with nearly 43,000 people dying annually and millions more injured. Speed is one of the greatest risk factors in crashes. I applaud the mayor’s actions and strongly encourage other cities, states, and the federal government to follow in the city’s footsteps and take action now to save lives.”