SENATOR RIVERA ON HEALTHCARE WORKERS' ACTIONS IN RESPONSE TO NYSDOH SAFE STAFFING REPORT

"The surge of COVID-19 made it very evident that New York's hospitals and nursing homes are chronically understaffed, especially in the most underfunded institutions across our state. During the three public hearings I recently presided over, numerous nurses shared heartbreaking experiences on how the lack of adequate staff, particularly at the height of the crisis, forced them to work under almost impossible conditions and was detrimental to patient care and outcomes.

This week, the nurses and healthcare workers who got us through the worst days of this pandemic are renewing their call for New York State to finally address and set adequate staffing levels at our hospitals and nursing homes. The New York State Department of Health is using the release of its long-overdue report to defend maintaining the status quo by claiming that financial constraints and workforce shortages prevent us from even considering the implementation of safe staffing.

While I can admit that there are obstacles to setting uniform staffing levels throughout our healthcare delivery system, none of them are insurmountable. It is clear that we cannot maintain a status quo that places patients and healthcare workers in harm's way. We can and must find adequate solutions that fairly address understaffing and I renew my commitment to work with every stakeholder to accomplish that goal."

Bronx Jewish Community Council - THANK YOU!!

 

THANK YOU!! Dear Bronx Jewish Community Council Friends, Thank you! We are especially thankful for those who volunteered to carry out  a contact-less Rosh Hashanah delivery to the outside doorstep of  our isolated seniors on September 13th. Because of your generosity, we are all set to carry out these  deliveries for our most neediest and isolated BJCC clients. You are  our heroes in both spirit and deed. We thank you all from the very bottom of our hearts. Have a safe and joyful day!   Most sincerely, The ever caring and appreciative staff of  the Bronx Jewish Community Council Donate

NEW YORK CITY HAS STRONGEST PLAN TO REOPEN SCHOOLS IN THE COUNTRY, RANKS AMONG MOST RIGOROUS IN WORLD

 

New York City's reopening plan is the strongest in the country and builds upon successful plans worldwide

  Mayor de Blasio and Chancellor Carranza announced the City’s Back to School Scorecard. With its blended learning model, socially distanced classrooms, mandatory masks, widely available testing, and contact tracing program, the City's plan for reopening schools is the strongest in the country and among the most rigorous in the world. The City will only open schools if transmission stays below 3%, exceeding the 5% standard set by the World Health Organization and New York State. 

“With our record-low infection rate, New York City is the safest major city in America,” said Mayor Bill de Blasio. “We’ve looked at what’s worked across the globe to create a plan for reopening schools that’s the absolute gold standard. My message to parents and our school communities cannot be clearer: we are taking every possible precaution to bring our kids back safely.”

 

“In a constantly changing public health landscape, one thing has always been clear: we’ll take every precaution to keep our schools safe," said Schools Chancellor Richard A. Carranza. "We’re going above and beyond measures taken by the rest of the country in order to provide in-person instruction this fall, and we won’t compromise health and safety at any point.”

 

 

Council Member Ruben Diaz Sr - Pandemic Math

 

  You should know that an article published in Politico by Erin Durkin titled “Ventilation teams to inspect all NYC classrooms” begins with the following statement:  

“Teams of engineers and ventilation experts will inspect every city classroom over the next week to make sure they're safe to open during the coronavirus pandemic, Mayor Bill de Blasio said Tuesday. The eleventh-hour push comes as the city is scrambling to get buildings ready for the first day of school on Sept. 10, despite resistance from principals and teachers.”

 

My dear reader: let’s do a little pandemic season math. 

 

This would include 1600 public schools, times the number of classrooms, divided by 2-1/2 weeks which would then be assigned to “100 teams of engineers with two to four of them inspecting each school.” 

 

Does anyone have the answer yet? 

 

Let’s factor in driving time between all five boroughs, keeping in mind that there are only 24 hours in a day.  

My scrap paper tally so far shows that’s approximately 124 schools per day, assigned 100 teams of engineers, minus Labor Day. Then there’s overtime, of course. 

 

Ready. Set. Go! 

 

So 25-ish schools per borough per day - every single classroom in the city - if these teams literally all start today and only work on weekdays.  

Let’s be certain they will be all out there at 6am to get an early start on the day.  

Ms. Durkin’s article states: “Rooms must pass a checklist of requirements, including making sure that windows that may have been sealed shut over the years can open. For rooms with no windows, air filters must be installed.”  

These things might also have been important in normal pre-Covid times. 

In fact, this report makes perfectly clear that none of these remedial things are required or checked on a regular basis or are considered vital to the health of our children in a normal time.  

It is important for you to know that the last day public schools were open was 60 days ago.  

What was done for 60 days - never mind since March? 

My dear reader some of the poorest countries in the world have prioritized government initiatives so their children will have remote learning programs that are as successful as possible.  

Their leaders have had the same time to plan for this, but here in New York, it seems that those at the helm are more interested in how they look on daily live broadcasts instead of being sure that our children are protected and that they receive quality education. 

You should know that parents who continue to contact me want to know why Mayor Bill deBlasio and his handsomely paid School Chancellor Caranza have yet to prioritize remote learning and release the remote learning specifics.  

As the number of teachers and principals NOT returning to the classroom increases, why does the DOE let parents remain in the dark?  

Parents have not been told their children’s schedules – not even for hybrid learning. Isn’t that done by a computer program, or is someone still writing on a stone tablet?  

Schools have until Friday, August 27 to submit their outdoor learning plans. How many schools don’t have outdoor space at all? 

And what about inclement weather, like rain, hurricanes, snow, or a cold winter? 

Ladies and gentlemen, our children deserve MUCH better than this insanity. 



I am Councilman Rev. Ruben Diaz and this What You Should Know. 

Acting Manhattan U.S. Attorney Announces Securities And Wire Fraud Charges Against Founder And Former CEO Of Pharmaceutical Company

 

  Audrey Strauss, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today that SEPEHR SARSHAR was charged this morning with securities fraud and other fraud offenses in connection with SARSHAR’s scheme to provide inside information to his friends and family so they could trade in the securities of a pharmaceutical company SARSHAR founded and of which he was a member of the board of directors.

Acting Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, Sepehr Sarshar, aware of an impending tender offer for his company, tipped off friends and a close relative, enabling them to reap nearly three-quarters of a million dollars in illegal profits.  My Office and the FBI remain resolute in our commitment to policing and prosecuting insider trading.”

FBI Assistant Director William F. Sweeney Jr. said:  “It seems intuitive that material nonpublic information should never be shared with the public, or traded on, prior to shareholder knowledge. Still, time and time again we see where those privy to a company’s inside information pass it on to family and friends. As alleged today, Sepehr Sarshar, a founder and board member of Auspex Pharmaceuticals, Inc., tipped off his own inner circle to an anticipated tender offer for the company. His associates traded on this information, and profited by the hundreds of thousands. Upsetting the market balance in this way puts all investors at a disadvantage. I think the message here is pretty clear – insider trading is risky business, and it’s a crime that’s typically met with hefty fines or significant jail time.”  

According to the Complaint[1] unsealed today Manhattan federal court:    

Between in or about January 2015 and March 2015, SARSHAR, a founder, former chief executive officer, and member of the board of directors of Auspex Pharmaceuticals, Inc. (“Auspex”), misappropriated material nonpublic information (“MNPI”) from Auspex relating to an anticipated tender offer for Auspex by Teva Pharmaceutical Industries Ltd. (“Teva”).  SARSHAR passed that MNPI on to friends and family – including a college friend, his then girlfriend, another long-time friend, and a close family relative  (collectively, the “Associates”) – so they could execute profitable securities trades based on that MNPI, and otherwise caused the Associates to execute trades based on the MNPI he misappropriated.  In turn, the Associates’ trading in the shares of Auspex generated an aggregate of more than approximately $700,000 in illicit profits.

To conceal his illegal scheme, SARSHAR later lied to the Financial Industry Regulatory Authority (“FINRA”) in an investigation conducted by FINRA into insider trading in Auspex securities during the period preceding Teva’s tender offer for Auspex.  Among other things, SARSHAR falsely stated that he could recall no contact with two of the Associates during the period preceding the tender offer whereas, in truth and in fact, SARSHAR had substantial communications with those individuals, including regarding the forthcoming tender offer.  

SARSHAR will be presented later today in federal court in San Diego.

SARSHAR, 53, of Encinitas, California, is charged with one count of securities fraud, one count of wire fraud, and one count of fraud in connection with a tender offer.  The securities fraud count carries a maximum sentence of 25 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.  The wire fraud count carries a maximum sentence of 20 years in prison and a maximum fine of $250,000 or twice the gross gain or loss from the offense.  The fraud in connection with a tender offer count carries a maximum sentence of 20 years in prison and a maximum fine of $5 million.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Ms. Strauss praised the investigative work of the FBI and thanked the Philadelphia Regional Office of the SEC, which has filed civil charges against SARSHAR in a separate action.  She added that the FBI’s investigation is ongoing.

The allegations contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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

Attorney General James Announces $85 Million Multistate Settlement with Honda Over Airbag Failures

 

Honda Agrees to Substantial Changes That Will Protect Consumers

New York State Awarded More Than $3 Million Alone

   New York Attorney General Letitia James today announced a $85 million multistate settlement with American Honda Motor Co., Inc. and Honda of America Mfg., Inc. (Honda), over allegations that Honda concealed safety failures in the airbags of certain Honda and Acura vehicles sold in the United States. The settlement — reached between a coalition of 48 attorneys general and Honda — concludes a multistate investigation into Honda’s alleged failure to inform regulators and consumers of issues related to the significant risk of rupture in the frontal airbag systems installed in certain model cars, which could cause metal fragments to fly into the passenger compartments of many Honda and Acura vehicles. The ruptures have resulted in at least 14 deaths and over 200 injuries in the United States alone.

“We’re holding Honda to account and sending a message that placing profits over safety will never be accepted,” said Attorney General James. “Airbags are supposed to keep drivers and passengers safe, but Honda’s manufacturing defect and their hiding of the facts led to deaths and injuries. Today’s settlement will not only guarantee Honda replaces all remaining defective airbags on the road, but that the company takes specific actions to ensure any future defect is thoroughly made public in the future to avoid this type of danger.”

In the complaint, the states alleged that Honda engineers suspected that the airbags’ propellant (ammonium nitrate) could burn aggressively and cause the inflator to burst. Despite these concerns, Honda delayed warning consumers or automobile safety officials, even as it began partial recalls of affected vehicles in 2008 and 2009. Further, despite these concerns, Honda continued to represent to consumers that its vehicles — including its airbags — were safe. Since 2008, Honda has recalled approximately 12.9 million Honda and Acura vehicles equipped with the defective inflators.

Under the terms of today’s consent judgment — filed in New York County State Supreme Court — Honda has agreed to strong injunctive relief, including:

• Taking steps to ensure that future airbag designs include “fail-safe” features to protect passengers in the event the inflator ruptures.
• Adopting changes to its procurement process for new frontal airbags to ensure that its suppliers have the appropriate industry certifications and satisfy key industry performance standards, as well as to improve record-keeping and parts tracking.
• Implementing recurrence prevention procedures — such as requiring that Honda approve all new frontal airbag designs before the company considers them for use in new Honda vehicles — in an effort to prevent tragedies that led to these deaths and injuries from happening again.
• Prohibiting misleading advertisements and point of sale representations regarding the safety of Honda and Acura’s vehicles, including in the automobiles’ airbags.
• Making improvements in critical areas for the company, including risk management, quality control, supplier oversight, and training and certifications, as well as implementing mandatory whistleblower protections at the company.

Honda also agreed to pay the participating 48 attorneys general a total of $85 million in fines, of which New York’s share is $3,385,945.

The systems subject of today’s settlement were designed and manufactured by Takata Corporation, a long-time Honda supplier, and were first installed in Honda vehicles in the 2001 model year.

The states specifically allege that Honda’s actions — or its failures to act — as well as its misrepresentations about the safety of its vehicles, were unfair and deceptive, and that Honda’s conduct violated state consumer protection laws, including New York’s Executive Law § 63(12) and New York General Business Law § 349.

Under a separate class action settlement, Honda customers are entitled to full restitution for any damages or injuries that occurred as a result of the defective airbags, or to reimburse for the cost of previous replacement of Honda or Acura airbags at a non-authorized Honda dealer. Customers can learn more about the class action settlement by visiting the class action settlement website at www.AutoAirbagSettlement.com/en/Honda. Consumers who own a Honda or Acura vehicle are strongly encouraged to visit Honda’s airbag recall website at HondaAirbagInfo.com or call its customer service toll-free number at (888) 234-2138 to see if their vehicle is subject to a recall. Consumers may also check for open recalls by going to www.SaferCar.gov. All safety recall repairs are FREE at authorized Honda dealers. Consumers can also contact the Office of the Attorney General with any questions about this settlement by calling (800) 771-7755.

Governor Cuomo Announces New York Fashion Week to Take Place in September with Limited or No Spectators

 

NYFW Scheduled for September 13-17, 2020 Featuring Live and Virtual Programming in Strict Compliance With New York State Health and Safety Guidelines, Including Outdoor Events Capped at 50 Persons and Indoor Events at 50 Percent Capacity and No Spectators

Live-Streamed Fashion Shows and Virtual Programs to Showcase Top Industry Designers and Artists

 Governor Andrew M. Cuomo today announced New York Fashion Week to take place September 13-17, 2020 in strict compliance with New York State health and safety guidelines, including outdoor events capped at 50 persons and indoor events at 50 percent capacity and no spectators. New York Fashion Week will feature a mix of live and virtual fashion shows, presentations, and programming including live-streamed runway shows, exclusive designer-related content and cultural programming.

"New York City is the fashion capital of the world and New York Fashion Week celebrates the ingenuity of this city, and our unmatched creative talent," Governor Cuomo said. "When COVID-19 hit New York, so many of our cherished events were forced to cancel or be postponed. The pandemic is far from over, but we're proud to support event organizer IMG in moving forward with NYFW, in adherence with strict state public health guidance. Safety, as always, is our top priority and we commend the hosts, and all participating designers, for their innovative, New York Smart solutions to bring this event to life."

New York Fashion Week will operate in full compliance with the existing State Department of Health's issued standards for public health and safety during the COVID-19 public health emergency. These measures include policies, procedures, precautions and screenings, including: restrict all gatherings to 50 or fewer people and less than 50 percent of the maximum occupancy for a particular area as set by the certificate of occupancy; adhere to social distancing at all times; ensure all personnel, vendors, designers, models and guests comply with the provisions of the State's travel advisory; diagnostic testing and health screening procedures, including temperature checks prior to admittance; limit in-person workforce to only essential personnel on site; and require face coverings at all times.

IMG, the owner and producer of NYFW: The Shows, is working closely with New York State officials and key event stakeholders to ensure full compliance with all applicable health and safety requirements. Current event plans for NYFW reflect the State's New York Forward Phase 4 reopening guidelines and adjustments will be made as required. NYFW will follow specific guidance regarding low-risk indoor arts and entertainment, media production and outdoor food service. Further, there will be no spectators for any NYFW-affiliated indoor events; and a limited number of private events held outdoors on the Spring Place rooftop will adhere to reduced capacity guidelines of no more than 50 people.

Executive Vice President of IMG's Fashion Events Group Leslie Russo said, "We are grateful to Governor Cuomo and his leadership for their swift, successful response in fighting the spread of the coronavirus, which has now set the standard of excellence for our nation. The past six months have been exceedingly difficult for the fashion industry, and we are proud to offer an avenue for designers, models, stylists, hair and makeup artists, photographers, production teams - ­and the innumerable other professionals who work in, or adjacent to, the fashion industry during New York Fashion Week - to safely get back to work this September."

NYFW will support designers including Adeam, Aknvas, Alice + Olivia, Amen, Badgley Mischka, Bibhu Mohapatra, Bronx and Banco, C+ plus Series, Chloe Gosselin, Chocheng, Christian Cowan, Christian Siriano, Cinq a Sept, Claudia Li, Concept Korea, Faith Connexion, Frere, Jason Wu, Jonathan Simkhai, Kim Shui, Lavie by CK, Libertine, Marina Moscone, Maxhosa Africa, Monse, Nicole Miller, Oqliq, PH5, Private Policy, Proenza Schouler, Raisavanessa, Rebecca Minkoff, Rvng Couture, Studio One Eighty Nine, Tadashi Shoji, Tanya Taylor, Tiffany Brown Designs, Veronica Beard, Victor Glemaud and Vivienne Hu, among others, in various capacities including shows, presentations, virtual content and programming.  

Comptroller Stringer Calls on Mayor de Blasio to Restore Checks and Balances to the Procurement Process

 

Mayor’s Executive Order suspended laws and regulations related to procurement in New York City since March 17, when the City needed to quickly purchase ventilators and personal protective equipment (PPE) at the height of the pandemic

As City emerges from the height of the pandemic and demand for COVID-related emergency contracts decreases, Comptroller demands oversight powers be reinstated

In April 2020, 19 percent of registered COVID-19 emergency contracts were for PPE, whereas in June 2020, PPE comprised only three percent of all contracts

  New York City Comptroller Scott M. Stringer sent a letter to Mayor Bill de Blasio calling on the City to restore checks and balances to the emergency procurement process by rescinding Emergency Executive Order (E.E.O.) 101, Section 2. The Executive Order suspended laws and regulations related to procurement in New York City – including the Comptroller’s office’s Charter-mandated role in approving and registering contracts related to the COVID-19 pandemic – since March 17, when the City needed to quickly purchase ventilators and personal protective equipment (PPE) at the height of the pandemic.

Citing the City’s decreasing demand for COVID-related emergency contracts as New York City enters Phase 4 of reopening, its failure to comply with the terms of the order, and other issues arising from the suspension of procurement oversight, Comptroller Stringer called on the City to reinstate standard procurement laws and regulations. The Comptroller’s office stands ready to resume its Charter-mandated role of safeguarding taxpayer funds and requested the City turn over information and documents about these emergency contracts without delay.

“As we emerge from the darkest days of the pandemic and build our city back, it’s time to restore full oversight and accountability to city contracting. The Mayor needs to rescind this executive order so we can ensure that every dollar we spend is delivering for New Yorkers,” said New York City Comptroller Scott M. Stringer. “With billions of dollars at stake amid an economic crisis that has hit vulnerable New Yorkers the hardest, every penny counts. We need to restore checks and balances, scrutinize and ask tough questions, and provide the transparency and accountability New Yorkers deserve from their government.”

The City has already paid out over $1 billion on the emergency contracts registered under the E.E.O. In April 2020, contracts for PPE comprised 19 percent of registered COVID-19 emergency contracts, compared to June 2020 when PPE comprised only three percent of all contracts.

The full text of the letter can be viewed below and here.

Dear Mayor de Blasio:

I am writing to urge you to swiftly rescind Emergency Executive Order (“E.E.O.”) 101, Section 2, which has suspended laws and regulations related to procurement in New York City since March 17, 2020. E.E.O. 101 may have seemed justified at the height of the COVID-19 pandemic when the City’s ability to quickly purchase ventilators and personal protective equipment (PPE) meant life or death for New Yorkers, but now that our city is in Phase 4 of reopening, the suspension of the checks and balances that govern our emergency procurement process can no longer be maintained.

Under normal circumstances, Chapter 13 of the New York City Charter allows the City to enter into emergency contracts in cases of unforeseen danger to life, safety, property or a necessary service with the prior approval of my office. My office’s legally mandated role in approving and registering emergency contracts was suspended by E.E.O. 101, Section 2 “to the extent necessary for the City to procure necessary goods, services and construction in response to the emergency”.

As New York City emerges from the acute phase of the COVID-19 pandemic, the number of COVID-related emergency contracts has steadily decreased. Yet the Mayor’s Office of Contract Services continues to register both emergency and non-emergency contracts, defying the intention of the E.E.O. and bypassing the safeguard of Comptroller registration established in the City Charter. As of August 20, the City had already paid out $1,526,391,92 on the emergency contracts registered under the E.E.O. Moreover, it is not readily apparent that the terms of the suspension of Chapter 13 under the E.E.O. have been adhered to since the required documentation for these contracts has not been routinely submitted to my office.

Dwindling Need for the Suspension of Local Procurement Laws and Regulations

New York City is in a new phase of managing the COVID pandemic. With hospitalizations down 98 percent from their peak in April, the sweeping emergency procurement powers enacted in E.E.O. 101 are no longer justified. For example, in April 2020, contracts for PPE comprised 19 percent of registered COVID-19 emergency contracts, whereas in June 2020, PPE comprised only three percent of all contracts. Additionally, the City registered nine ventilator contracts in April 2020, but only one in July 2020. It also registered nine emergency staffing contracts in April 2020, but only two in July 2020.

Moreover, the continued suspension of local procurement laws and regulations is permitting the registration of contracts that are not appropriately related to the State of Emergency caused by COVID-19. Under the executive order, the City has registered contracts from every mayoral agency, contracts with expiration dates years away, and contracts with purposes that have unclear direct relevance to the fight against COVID-19. These registrations indicate a trend away from goods and services contracts that relate to immediate COVID-19 prevention and treatment and corresponds to the vast decrease in infections over the same period.

Noncompliance of Terms Associated with the Emergency Executive Order

When E.E.O. 101 was issued, it was done with the requirement that the suspension of procurement rules be done only “when an agency head determined in writing that the procurement is necessary to respond to the emergency”.[1] My office has yet to receive evidence of such determinations for the vast majority of contracts registered pursuant to the E.E.O., or criteria used by the Mayor’s Office of Contract Services to evaluate such determinations, assuming such a process exists. Additionally, complete contract files for the procurements have not been submitted to my office.

To comply with the terms of E.E.O 101, please submit the following items for each contract registered under the E.E.O. to my Office’s Bureau of Contract Administration for filing purposes within two weeks from the date of this letter:

1. The complete emergency contract file as required by NYC Charter Section 93 that includes but is not limited to:

a) The agency head determinations for the need of the emergency contracts that are required under E.E.O. 101; and

b) The written determination for emergency contracts (including contractual information and vendor past performance) required by Mayor’s Office of Contract Services Guidance issued March 18, 2020.

Issues Arising from the E.E.O. 101 and Suspension of Local Procurement Laws and Regulations

I am also concerned that the City may be circumventing the Charter-mandated role of my office. The Charter places the responsibility on the Comptroller to review emergency contract submissions and to provide oversight over contract procurement, vendor integrity, agency accountability and registration generally.

It has been reported that a number of COVID-19 related contracts worth tens of millions of dollars have been canceled or not fulfilled. These same reports also indicate that many of these contracts were with vendors that lack the necessary capacity or relevant experience, or even have criminal backgrounds. Given these facts, it is imperative that my office resume its Charter-mandated role of safeguarding taxpayer funds.

Based on these concerning reports, please provide the following items to my office within two weeks of the date of this letter:

2. A complete list of the contracts registered under the E.E.O. that have either been canceled or not fulfilled; and

3. The status of the City’s efforts to recoup the funds paid to the vendors for any contract where an advanced payment was issued and goods or services were not received.

COVID-19 still presents an economic and public health threat; however, the need for E.E.O. 101, Section 2 no longer exists, and a return to the original emergency procurement framework provided by the City Charter is in order. Please notify my office of the date that E.E.O 101 will lapse or be terminated, and submit the above materials without delay.

Thank you for your prompt attention to this issue.

Sincerely,

Scott M. Stringer

New York City Comptroller