Monday, December 6, 2021

Governor Hochul Signs Legislation Protecting Seniors from Fraudulent Use of Personal Information

 A computer screen showing a blank login screen is seen.

Legislation (S.1560/A.1994) Incorporates Identity Theft Into the Definition of Elder Abuse for Purposes of Support Services and Programs for Elder Persons 

 Governor Kathy Hochul today signed legislation (S.1560/A.1994) into law to protect seniors from fraudulent use of personal information by authorizing support services on identity theft through non-profit agencies and law enforcement. The legislation allows the Office of the Aging and law enforcement to recognize identity theft as one of the many forms of elder abuse and take appropriate action to help seniors.  

"The fact that older New Yorkers are often the target of identity theft is unconscionable," Governor Hochul said. "We need to continue boosting protections for our aging population, and this legislation is a simple, common-sense way to keep them safe from harmful tactics of elder abuse. Older New Yorkers have been there for us, and as the nation's first age friendly state I'm proud that New York continues to lead the way to be there for them."   

The new law adds a definition of "elder abuse and exploitation" to the elder law and incorporates identity theft in the list of eligible support services through the naturally occurring retirement communities (NORC) programs. The law also amends section 214-c of the executive law to provide that identity theft shall be one of the many forms of elder abuse that the Office of the Aging and law enforcement address in their educational materials for police officers' use when encountering such abuse.  

The unlawful use of an individual's personal identification information such as social security number, driver's license information, or bank and credit card account can result in terrible consequences lasting years. In its worst form it can leave the older victim bankrupt and without assets in their retirement.

While older adults are not the exclusive targets of identity theft, they can be especially susceptible to victimization as they often need to share their personal information with caregivers, medical providers' offices, government agencies, and over the internet. The impact of identity theft can be devastating for older adult victims who are unable to restore stolen funds through employment. This law, the aging support services groups, and law enforcement teams will be able to use available resources to help seniors, the fastest growing sector of our population, from identity theft in its many forms.   

Attorney General James Continues Fight to Protect Free and Fair Elections for Voters

 

AG James Co-Leads Coalition Fighting to Strike Down Florida’s New Restrictive Voting Law 

  New York Attorney General Letitia James today continued her fight to ensure fair access to elections for all eligible voters, leading a coalition of 17 attorneys general from around the nation in filing amicus briefs in three cases having to do with voting rights. The briefs were filed in Florida Rising Together v. LeeFlorida State Conference of Branches and Youth Units of the NAACP, Common Cause, and Disability Rights Florida v. Lee; and League of Women Voters of Florida v. Lee. The plaintiffs in these cases challenge Florida’s restrictive voting law, SB 90. They explain that the law — created after the 2020 election — erects unconstitutional voting restrictions, especially against mail-in ballots. They further explain that Florida’s law, like others of its kind, also has a discriminatory impact on minority voters. In today’s brief, Attorney General James and the coalition support the plaintiffs’ arguments that SB 90 creates barriers to voting in violation of the Voting Rights Act and the right to vote as protected by the U.S. Constitution in the First, Fourteenth, and Fifteenth Amendments.  

“Voting in free and fair elections is a fundamental civil right, and must be protected at all costs,” said Attorney General James. “Florida’s new law, and others like it, only seek to offset recent election losses. Fraud has nothing to do with it. This is about discriminating against minority communities and stopping them from casting their ballots, which is why our coalition will continue to challenge these unconstitutional and illegal efforts to undermine the will of the people.” 

Florida’s 2020 election saw high voter turnout, with a surge of participation by a young and diverse electorate. In the wake of the election, however, Florida passed SB 90. Among other things, the law severely reduces access to vote-by-mail drop boxes, makes it difficult for voters to get assistance returning their mail-in ballots, and requires that voters more frequently re-request to vote by mail. 

Following the law’s passage, the three lawsuits were filed.

In the brief –– filed in all three cases in the U.S. District Court for the Northern District of Florida –– the coalition supports the plaintiffs, who argue that SB 90 has discriminatory impacts on minority voters in Florida, that it was passed with the intent to discriminate, and that the law burdens the fundamental right to vote. The brief also asserts that these claims deserve a full hearing at trial and that summary judgment — which the defendants are asking for — is not warranted. The coalition additionally argues that it is possible to pursue free and fair elections while expanding voter opportunity in ways that do not risk malfeasance, maladministration, or fraud. For example, New York and the District of Columbia have done just that with recent expansions to the right to vote.  

This brief is a continuation of efforts by Attorney General James to challenge restrictive voting laws and protect voters’ rights across the nation. Attorney General James has successfully led battles against unfair voting restrictions and illegal efforts to deter voting in New York and across the country, ranging from filing lawsuits against the Trump Administration’s for undermining the U.S. Postal service in an effort to block mail-in voting in the 2020 election, to filing an amicus brief in a lawsuit brought forward against a similar discriminatory Georgia law, to stopping conspiracy theorists from suppressing Black New Yorkers' right to vote, and more.  

Additionally, in May 2021, Attorney General James filed a lawsuit against the Rensselaer County Board of Elections (BOE) and its commissioners for failing to provide voters in Rensselaer County with adequate and equitable access to early voting poll sites, as required by New York’s Early Voting law. In June, a judge ruled in favor of Attorney General James’ request for an injunction against the Rensselaer County Board of Elections, and, in August, the court ruled in favor of Attorney General James’ lawsuit and ordered the BOE to select new early voting poll sites.

Joining Attorney General James in filing this brief are the attorneys general of California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

Rep. Jamaal Bowman’s Statement on the Justice Department’s Civil Investigation into the Mount Vernon Police Department

 

Congressman Jamaal Bowman (NY-16) issued the following statement on the Justice Department’s Civil Investigation into the Mount Vernon, NY Police Department. 

 

On Friday, the Justice Department announced an investigation into the Mount Vernon Police Department following years of ignored claims of planted evidence, illegal body cavity searches, excessive force, abusive tactics and targets on residents and youth, primarily Black, of Mount Vernon, New York. 

 

This investigation comes after Congressman Jamaal Bowman called for a Department of Justice investigation into civil rights violations along with Mayor Patterson-Howard and District Attorney Rocah earlier this year in May. Their leadership is a reflection of new political leaders in Westchester that are committed to just policing and accountability. 

 

“It pains me deeply to know of Mount Vernon residents’ experiences with the Mount Vernon Police Department. Our country has a long, traumatic history of police abuses on civilians that has become heightened with increasing documentation of injustices from law enforcement officials, in addition to a growing public display and rhetoric of hate and intolerance.” 

 

“In Mount Vernon and beyond, enough is enough. Generational cycles of abuse at the hands of law enforcement must come to an end. We need a justice system - police included, to start from a place of compassion and not malice. We need a complete transformation of law enforcement so that it is ethical and restorative. I will do everything in my power to support the City of Mount Vernon through this investigation. The people cannot be ignored.” 

 

Comptroller Stringer: Cost of Incarceration per Person in New York City Skyrockets to All-Time High

 

Annual cost of incarceration grew to $556,539 a person per year – or $1,525 each day

The full annual cost per person nearly quadrupled from FY 2011 to FY 2021

Despite a 15% decline in the average daily population, the absolute number of violent infractions rose slightly from FY 2020 to FY 2021

 The cost of incarceration per person in New York City rose to an all-time high in Fiscal Year (FY) 2021, according to a new analysis of the Department of Correction (DOC) released today by New York City Comptroller Scott M. Stringer. The City now spends $556,539 to incarcerate one person for a full year, or $1,525 per day – nearly quadrupling since FY 2011.  As identified in previous analyses by the Comptroller’s Office, rates of violent incidents continue to rise: despite a 15% decline in the average daily population, the absolute number of fight and assault infractions rose slightly from 11,191 in FY 2020 to 11,214 in FY 2021.

“The City is spending more and more to incarcerate fewer and fewer individuals – yet the numbers show that rates of violence and use of force in our jail system are substantially increasing,” said Comptroller Stringer. “As the jail system continues to shrink and yield significant savings, the City should use these resources to leverage better all-around outcomes. We need to invest in a humane, modern, and efficient corrections system that keeps our incarcerated population as small as possible while prioritizing safety and security.”

This analysis is the Comptroller’s eighth annual update of spending and performance trends of the New York City Department of Correction. The analysis uses budget data, claims against the City, reports of violence in City jails, and personnel data to analyze the DOC’s operations.

According to the Comptroller’s FY 2021 Department of Correction analysis:

The full annual cost of incarceration grew to $556,539 per person in FY 2021.

  • DOC’s budget has declined for the last three years, contracting 10% from $1.39 billion in FY 2018 to $1.25 billion in FY 2021. Including additional costs outside the DOC budget, such as employee fringe benefits and health care expenses for the incarcerated population, the full cost of incarcerating one person for one year was $556,539 in FY 2021. As the jail population dropped at a steep pace, the full annual cost per person nearly quadrupled from FY 2011 to FY 2021.
  • DOC staff earned $153 million in overtime in FY 2021, down 44% from its peak of $275 million in FY 2016.

Average daily jail population fell 61% from FY 2011 to 2021

The average daily jail population fell by 61% from 12,790 in FY 2011 to 4,961 in FY 2021. The pandemic contributed to a temporary drop in the jail population at the end of FY 2020 as non-essential activity ground to a halt and city and state officials endeavored to reduce the population amid the threat of COVID-19. Amid the reopening of the economy, as well as pandemic-related interruptions to court proceedings, the jail population steadily rose for most of FY 2021. More recently, the jail population briefly exceeded 6,000 in late August and early September before declining modestly to about 5,500 at the end of October.

The ratio of correction officers to incarcerated persons continued to rise

  • After a headcount expansion in FY 2016 and FY 2017, the number of uniformed personnel employed by DOC has fallen steadily, dropping to 8,338 at the end of FY 2021. Compared to FY 2011, the number of correction officers has declined by 1%.
  • Because the jail population fell faster than the decline in staffing, the ratio of guards to the average jail population has risen. Since FY 2016, DOC has employed more guards than the average daily population, with the department employing 1.7 guards per incarcerated person in FY 2021.

Rates of violent incidents keep rising

  • Despite a 15% decline in the average daily population, the absolute number of fight and assault infractions rose slightly from 11,191 in FY 2020 to 11,214 in FY 2021. As a result, the annual rate of fight and assault infractions per 1,000 incarcerated persons increased 18% from 1,916 in FY 2020 to 2,260 in FY 2021. Since FY 2011, the rate has nearly quadrupled. In FY 2011, the DOC reported 7,431 fight and assault infractions.
  • Over the last ten years, the annual rate of assaults on DOC staff more than quintupled from 42.0 per 1,000 incarcerated individuals in FY 2011 to 235.2 in FY 2021. The rate increased by 24% in FY 2021 alone.
  • The absolute number of use of force incidents and allegations also rose in FY 2021, rising 10% from 7,047 in FY 2020 to 7,743 in FY 2021. Adjusted for the jail population, the use of force rate increased 779% from 178 per 1,000 incarcerated individuals in FY 2011 to 1,561 in FY 2021.
  • As of FY 2021, more than half of incarcerated individuals had a mental health diagnosis. The share steadily rose from 32% in FY 2011 to 46% in FY 2020 prior to jumping to 53% in FY 2021.
  • Tort claims filed for personal injury at a correction facility fell for the second consecutive year in FY 2020 but were still nearly triple the number in FY 2011.

Governor Hochul Signs Legislation Expanding the Discrimination Protections of the Human Rights Law to Include For-Profit Educational Institutions

 

Legislation (S.7151/A.7390) Broadens the Definition of 'Educational Institution' in the Human Rights Law to Protect Students Attending For-Profit Colleges, Universities, Career Schools and English as a Second Language Schools


 Governor Kathy Hochul today signed legislation (S.7151/A.7390) expanding the discrimination protections of the Human Rights Law to include for-profit colleges, universities, career schools, and English as a second language schools by updating the definition of a covered 'educational institution.'   

"Every student in New York deserves the chance to learn without shouldering the unacceptable burden of harassment and discrimination in the classroom," Governor Hochul said. "This legislation makes it absolutely clear that we have no tolerance for discrimination or harassment in as many of New York's schools and educational institutions as possible." 

For decades, the Division of Human Rights has accepted, investigated, and adjudicated discrimination complaints from students of both public and private secondary schools and universities. However, this protection has not included students attending for-profit colleges and universities in the state, until now.  

By declaring that the provisions of the Human Rights Law apply to for-profit colleges, universities, career schools and English as a second language schools, as well as both public and private non-profit institutions, New York State will ensure that all students are afforded legal protection against discrimination.  

Council Member Ruben Diaz Sr. - BE CAREFUL WHAT YOU WISH FOR YOU MIGHT JUST GET IT

 

WHAT YOU SHOULD KNOW
By Councilman Rev. Ruben Diaz
 
BE CAREFUL WHAT YOU WISH FOR YOU MIGHT JUST GET IT
 
I am Councilman Rev. Rubén Diaz, and this is What You Should Know.

You should know that in life people should be sure of what they want, because it could be that what they wish for today, could be their regret in the future. 

You should know that NYC Councilman Ydanis Rodriguez, of Dominican Descent, has lent himself, along with other elected officials to submit legislation that will legalize voting rights to non-citizens in the City of New York. 

We all know that New York City has a tendency to set the agenda on a national, and I dare say international levels. You well know that there are countries, including the Dominican Republic, where the right to vote is denied to undocumented/ non-citizen individuals.  But something like this, should it pass in New York City, will set the wheels in motion nationally and even internationally. 

Right here in New York State, organized groups are urging that the Dominican Republic allow Haitians and other non-nationalized groups the right to vote in Dominican elections. 

Friends of Councilman Ydanis RodrĂ­guez and Congressman Adriano Espaillat, such as Mayor Bill de Blasio, went to Upper Manhattan, where there is a large Dominican population asked for a Tourist Boycott against the Dominican Republic until the Haitians and other non-citizens are afforded the right to vote in Dominican Republic. 

It is important for you to know, that it is those same people, who behind the scenes are pushing Ydanis Rivera and Adriano Espaillat to be, the so-called heroes, by helping to pass the bill that will allow New York City to be the first to authorize non-citizens the right to vote in our elections.

Know this, my dear reader, once this happens in New York, a national campaign will be triggered so that the same voting rights for non-citizens be granted in other states and countries.  New York will the first and set the precedent. If this passes the message sent to all will be that if the United States does not respect and abide by the Constitution and established laws regarding who qualifies for the right to vote, then why should non-citizens be afforded the right vote everywhere else. 

Personally, as a NYC Council member, I oppose this bill and I intend to vote against it, because as presented it may seem as a noble and fair thing to do but the ramifications could be devasting. This bill is in direct violation of our established laws, and it violates the United States Constitution. When a person makes the decision to become a U.S. citizen, they must first pass an exam of 100 questions.   

Those questions entail America’s Founding, the nation’s founding fathers, and our nations (3) branches of government including individual states rights.  Becoming a citizen is a privilege and the right to vote is part of that privilege and should be protected. In return for the vote the citizen demonstrates their loyalty to the country that they chose to adopt as their home. Voting rights and becoming a citizen is vital to the survival of this nation as a liberty loving Republic.    

If Ydanis, Adriano, and their friends manage to pull this off, they will NOT have a moral leg to stand on when it comes to defending the Constitution of the Dominican Republic and any other country who may also face this voting rights issue.  
 
My advice to them is "Be very careful what you wish for, because you may just get it" 

I am Councilman Rev. Rubén Diaz, and this is What You Should Know.


MAYOR DE BLASIO ANNOUNCES VACCINE MANDATE FOR PRIVATE SECTOR WORKERS, AND MAJOR EXPANSIONS TO NATION-LEADING “KEY TO NYC” PROGRAM

 

Vaccine proof for indoor dining, fitness, and entertainment required for children aged 5-11
 
Program now requires two vaccine doses for New Yorkers over age 12, up from one

 Mayor Bill de Blasio today announced major expansions to the “Key to NYC” program, the first-in-nation vaccination mandate for workers and customers at indoor dining, fitness, entertainment and performance venues. Starting December 14th, the program will require children aged 5-11 to show proof of one vaccination dose for those venues. Starting December 27th, New Yorkers aged 12 and older will be required to show proof of two vaccine doses, instead of one, except for those who have received the Johnson & Johnson vaccine.
 
The mayor also announced a first-in-the-nation vaccine mandate for private-sector workers. The mandate, which will take effect on December 27th, will apply to roughly 184,000 businesses.
 
Finally, the mayor announced 5-11-year-old children will be required to get vaccinated to participate in high-risk extracurricular activities. These activities include sports, band, orchestra, and dance. This requirement for the initial vaccine dose will take effect on December 14th.
 
“New York City will not give a single inch in the fight against COVID-19. Vaccination is the way out of this pandemic, and these are bold, first-in-the-nation measures to encourage New Yorkers to keep themselves and their communities safe,” said Mayor Bill de Blasio. “From workplace mandates, to $100 incentives, to mobile and at-home vaccination offerings, no place in the nation has done more to end the COVID era. And if you have not taken this step yet: there’s no better day than today to stand up for your city.”
 
“There’s no higher priority than keeping New Yorkers healthy and ending this pandemic once and for all. The most important step we can all take is to take the free, safe, and effective COVID-19 vaccine,” said Deputy Mayor for Health and Human Services Melanie Hartzog. “With these bold new measures, New York City will continue to lead the way in moving past this virus and building a recovery for all of us.”
 
“Vaccination is the best tool we have to keep New Yorkers healthy and ensure a robust economic recovery for all. These important measures will help to broaden the coverage of the vaccines even further,” said Deputy Mayor for Housing and Economic Development Vicki Been.
 
“New York City has led the nation when it comes to decisive action on COVID-19,” said Health Commissioner Dr. Dave A. Chokshi. “We have to be more relentless than the virus, and I know that our vaccine policies will save lives and help prevent unnecessary suffering.”
 
The City will issue additional enforcement and reasonable accommodation guidance on December 15th, along with additional resources to support small businesses with implementation.
 
Acceptable proof of vaccination includes a CDC issued vaccination card, the New York State Excelsior Pass, the Clear Health Pass, and the NYC COVID Safe App.
 
Today’s expansions follow recently announced vaccination mandates for City employees, childcare providers, and non-public school employees. Ninety-four percent of the City workforce is vaccinated.
 
New York City has administered over 12.5 million vaccination doses. Nearly 6.5 million New Yorkers – including 89% of adults – have received at least one dose. More than 125,000 children aged 5-11 have already received at least one dose.
 

Van Nest Christmas Tree Lighting

 

The weather was cool, but not chilly Monday night at the Big White Cross at the intersection of Van Nest Avenue and Unionport Road. The Van Nest Community Alliance had cookies and hot chocolate for the parents and children as they gathered to see the traditional lighting of the Van Nest Christmas Tree and Nativity scene,


As they waited for the lighting, Christmas songs were sung. The tree and Nativity Scene then were lit, and the only thing left was for Santa Claus to come to wish everyone a Merry Christmas, and empty his sack of toys to the children on hand. 


VNNA President Bernadette Ferrara stands behind dozens of assorted cookies as Cristina Tina Liannto pours a cup of hot chocolate for the woman in orange.


Father Robert Badillo of Saint Dominick's Parish welcomes everyone, and says a few words about the Christmas Holiday.


Christmas Songs were sung, as everyone waited for the Christmas tree and Nativity lighting. 


The Christmas tree and Nativity Scene was lit, then it was time for a group photo, and to wait for Santa.


A group photo of everyone but Santa.


Santa was spotted around the corner where he parked his reindeer, and had his bag of toys over his shoulder.


Santa had time to pose with the Executive Board of the VNNA, as his Reindeer Marion is next to VNNA President Ferrara, who is next to 80th Assembly District Female District Leader Irene Estrada. Next the children came up to receive a Christmas gift from Santa provided by the VNNA.