Wednesday, May 11, 2022

State Senator Gustavo Rivera -Questions Answered: Cannabis Business 101

 

GOVERNMENT HEADER
Dear Neighbor,

Thank you to everyone who joined us at my virtual webinar, Cannabis Business 101. I would also like to give an enormous thanks to my amazing panel of experts: Cannabis Attorney Cristina Buccola, Clarence Stanley of the Small Business Development Center at Lehman College, and Cannabis Business Operator and Regulator, Nina Parks. 

I’m grateful to the Office of Cannabis Management (OCM) for their presentation on how they’re creating regulations for this market and providing public health education. The opportunity that this new market will create is immense. In particular, I am looking forward to the opportunities that will become available to Bronxites who were impacted by aggressive law enforcement around marijuana given the social equity and restorative justice components of the law. 

During the webinar, we discussed eligibility for conditional license opportunities, how to prepare your business to seek a license, and what to expect as a new entrepreneur or business owner in New York’s burgeoning cannabis market. 

If you were unable to join us or want to hear from our amazing panelists again, you can watch the virtual webinar on YouTube or Facebook. My team and I have answered some of the questions we couldn’t get to during our event below. Learn more about the cannabis sector in New York by visiting cannabis.ny.gov or reach out to my office if you have further questions.

In Solidarity, 

Gustavo Rivera
State Senator 
33rd District, The Bronx
Watch the Cannabis Business 101 Webinar on YouTube
Cannabis Business 101
Questions and Answers
What is Social and Economic Equity and who qualifies to receive priority?
Social and Economic Equity (SEE) eligibility includes distressed farmers, service-disabled veterans, MWBE certified businesses, and justice-involved individuals as well as communities disproportionately impacted by the war on drugs.  

Who is eligible for the proposed Conditional Adult-Use Retail Dispensary licenses? 
Proposed regulations for conditional adult-use retail dispensary licenses dictate that applicants must provide proof of three years of business ownership and two years of net profit. 

There is also a requirement of 'justice involvement', which is defined as the applicant having been convicted of a marijuana-related charge in this state or being the immediate family member of someone who was. This is one of the social and economic equity priorities in the Marijuana Regulation and Taxation Act (MRTA) law providing for restorative justice. This eligibility is defined as follows:

Was convicted of a marijuana related offense in New York State prior to March 31, 2021

Had a parent, legal guardian, child, spouse, or dependent who was convicted of a marijuana related offense in New York State prior to March 31, 2021

Was a dependent of a person of an individual who was convince of a marijuana related offense in NYS prior to March 31, 2021

Evidence of the primary residence of the justice involved individual at the time of an individual’s arrest or conviction

We'll see what's required of general license applicants when those regulations are proposed, but by law they will include priority for SEE applicants. For now, you can read the proposed regulations and find out how to submit your comments and questions here

To be clear, there will be conditional regulations to go with the conditional licenses? 
Yes, there are draft conditional regulations that are going through the public comment period right now. When those regulations are finalized, that will allow the state to start the application process for conditional licenses.

When will licenses be issued to service-disabled veterans?
OCM has not released their proposed regulations that pertain to license opportunities for service-disabled veterans, who were designated to be part of the Social and Economic Equity priority in the MRTA Law. Follow OCM or sign up for updates to find out when these regulations are released.

I have a few acres of land and I would like to become a grower. Would I be able to get into this? 
Right now, cultivators seeking a license to grow adult-use cannabis for sale must be current cannabinoid hemp cultivators, as part of the Adult-Use Conditional Cultivator License program. The Cannabis Control Board approved those licensees at their April 14 meeting. The OCM has a handy Frequently Asked Questions document here. Opportunities for farmers will open up at cannabis.ny.gov for more cultivators to apply for licenses.

What are "legacy market entrepreneurs"?
Legacy market refers to current marijuana sellers. Legacy market entrepreneurs may be interested in entering the legal market. 

What considerations are there for first-time entrepreneurs interested in getting their start by way of the NYS cannabis industry? Any breaks for them?
MRTA includes language for the state to create low interest loans, grants, and incubator programs to support entrepreneurs. As more regulations are released and we learn more about non-conditional licenses, I’d like to see the support for new entrepreneurs as well so we can support social equity licensees and invest in their success. 

I heard that the state fund won't be ready for 2 years, if so, does that mean that the conventional license will be up and running before conditional license?
The Social Equity fund we passed in this year’s budget is specifically for conditional license-holders in retail dispensaries. I understand that the fund will be available in less than two years so that the conditional license holders can access it, but I’m looking forward to a lot more types of support and capital funding from the state as more license opportunities roll out. 

How can we ensure that already-established companies don't take control of the delivery, retail, and other licensing businesses?
The law that governs cannabis has language that says social equity applicants will have a priority. New York is unique in its legal structure to reduce vertical integration by establishing ownership standards and limiting folks to holding only one license. This is a challenge that we need to work with OCM and cannabis entrepreneurs to prevent. 
Public Health Outreach:
Cannabis Conversations 
Cannabis (also known as marijuana, pot, weed and more) is now legal in New York State for adults 21 and older, though legal adult-use sales are yet to start. Whether you choose to use or not, you might not know as much as you thought.

New York State has launched Cannabis Conversations to help New Yorkers understand the facts on the Cannabis Law, important information on health and safety, and the opportunities the new industry will create. So let’s start talking to increase your knowledge on cannabis and help you make educated decisions. 


Learn more at cannabis.ny.gov.

Statement from NYGOP Chairman Nick Langworthy on Hochul's $35 Million State Abortion Fund

 “Kathy Hochul and Andrew Cuomo already expanded abortion up until birth, allowed it to be performed by non-doctors, and then celebrated with champagne and lighting the Empire State Building pink. The Supreme Court's decision will not affect NYS law--this is ‘never let a crisis go to waste’ manufactured hysteria designed to distract from the absolute dumpster fire they’ve created in New York. Criminals are ruling our streets and no one can afford to live here, but once again NY Democrats’ priorities are completely out of whack with the concerns of struggling New Yorkers.” 

Four Men Charged with Murder for Hire in Fatal Shooting of Queens Man

 

The Victim’s Former Employer Allegedly Ordered the 2019 Murder After the Victim Started a Rival Property Development Company

 A two-count indictment was unsealed today in federal court in Brooklyn charging Qing Ming Yu, also known as “Allen Yu,” Antony Abreu, also known as “Anthony,” You You, also known as “Eddie,” and Zhe Zhang, also known as “Zack,” with the February 12, 2019 murder of Xin Gu, a 31-year-old Queens resident.

Qing Ming Yu and You You were arrested today in New York and Zhe Zhang was arrested in California. Antony Abreu is already in federal custody serving a sentence in an unrelated matter and will be transferred to the Eastern District of New York at a later date. Qing Ming Yu and You You are scheduled to be arraigned this afternoon before United States Magistrate Judge Peggy Kuo. Zhe Zhang’s initial appearance will take place in the United States District Court in Los Angeles.

Breon Peace, the United States Attorney for the Eastern District of New York, Michael J. Driscoll Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD) announced the arrests and charges.

“As alleged, the defendants callously used gun violence to resolve a business dispute, reducing the value of a man’s life to a dollar figure, and bringing trauma and mourning to the community,” stated United States Attorney Peace. “Prosecuting killers will always be a top priority for this office—whether the defendant pulls the trigger, or pays someone else to do his dirty work for him.”

Mr. Peace expressed his appreciation to the Queens County District Attorney’s Office for its assistance in the investigation.

“As alleged, Qing Ming Yu hired his nephew to murder his perceived business rival. His conduct went well beyond poor business practice demonstrating a callous disregard for human life. As a direct result of the action we have taken with our partners today, Qing Ming Yu and everyone involved in the plot won't have to worry about business anymore - as they face justice for their alleged crimes and the possibility of life in prison,” stated FBI Assistant Director-in-Charge Driscoll.

“We have said it before: If anyone is involved in a murder in New York City, we will find them and ensure that justice is served,” stated NYPD Commissioner Sewell. “The tireless work of the detectives, agents, and prosecutors in this case helped hold the men allegedly responsible for this murder accountable for their actions. It is another example of our agencies’ collaborative commitment to public safety, and further proof that no one is beyond the reach of the law.”

As detailed in court documents, between 2015 and 2018, Xin Gu worked for Qing Ming Yu’s property development company at its Manhattan office. After several years, Xin Gu became concerned about the company’s financial viability. Thereafter, Xin Gu resigned and formed his own property development company.

After Xin Gu’s departure, several clients and employees also cut ties with Qing Ming Yu’s company, which then closed at the end of 2018. Enraged at Xin Gu’s perceived disloyalty, Qing Ming Yu allegedly hired his nephew You You to kill Xin Gu in exchange for payment. You You in turn allegedly hired Zhang and Antony Abreu to assist in carrying out the murder.

On the evening of February 11, 2019, into the following morning, Xin Gu’s new company hosted a celebration of the Lunar New Year at a karaoke bar in Queens, New York. The defendants learned of Xin Gu’s party and decided to kill him that night, with You You acting as a lookout, Zhe Zhang serving as the getaway driver and Abreu shooting Xin Gu multiple times, killing him.

If convicted, each defendant faces a mandatory sentence of life in prison, or the death penalty.

The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.

Governor Hochul Announces Nation-leading $35 Million Investment to Support Abortion Providers in New York

 Female doctor consulting with female patient

New York Leads the Nation with Major Investment to Directly Support Abortion Providers in Anticipation of Supreme Court Overturning Roe v. Wade  

Directs $25 Million to Expand Abortion Provider Capacity and Ensure Access for Patients Seeking Abortion Care in New York  

Launches $10 Million for Security Grants to Help Ensure the Safety of Providers and Patients 

State Will Begin Distributing Funding to Providers in Time for Expected Supreme Court Decision in Dobbs v. Jackson Women's Health Organization


 Governor Kathy Hochul today announced a nation-leading $35 million investment to directly support abortion providers in anticipation of the Supreme Court overturning Roe v. Wade. Governor Hochul directed the Department of Health to create a $25 million Abortion Provider Support Fund for abortion providers in order to both expand capacity and ensure access for patients seeking abortion care in New York. The Governor also announced $10 million for reproductive health care centers to access security grants through the Division of Criminal Justice Services to help ensure the safety of the providers performing this vital care.   

"New York has always been at the forefront of the fight for abortion rights, and as the first female Governor of New York, I will not let us go backwards," Governor Hochul said. "I will never stop fighting to make New York a safe harbor for all who need care and a blueprint for other states to follow. To truly guarantee that everyone who needs an abortion can get one in New York State, we must ensure that providers have the resources, capacity, and protections they need. This landmark funding will get resources into the hands of clinics who need our help -- safeguarding access to abortion in our state and setting an example for the rest of the nation to follow."    

Abortion Provider Support Fund  

Governor Hochul today directed the Department of Health to allocate $25 million to create the State's first abortion provider fund and the nation's largest such fund. The Department of Health will release an expedited application for both grant and reimbursement requests from providers, and will begin distributing funds to providers by the time a final Supreme Court decision would be released.     

Security Grants for Reproductive Health Centers   

Governor Hochul also directed the Division of Criminal Justice Services to administer $10 million in funding for safety and security capital grants for abortion providers and reproductive health centers to further secure their facilities and ensure the safety of patients and staff. A request for proposals to allow organizations to apply is expected to be issued by the time a final Supreme Court decision would be released. Application of this new funding will be modeled after Governor Hochul's Securing Communities Against Hate Crimes program, which provides grants to strengthen safety and security measures at buildings owned or operated by nonprofit organizations at risk of hate crimes or attacks because of their ideology, beliefs, or missions.    

Under Governor Hochul's leadership, New York has taken actions to provide access to quality, affordable reproductive healthcare - including abortion services. Earlier this year, the Department of Health finalized regulations aligning New York law with clinical standards to remove barriers to service delivery, including abortion via telemedicine, and last week sent guidance to providers regarding their legal right to provide abortion services. The Governor has also convened an Abortion Access Working Group, meeting regularly with patients, providers, and advocates to guide state policy and respond to on-the-ground needs, and enshrined into law a requirement for health plans to cover abortion services without cost-sharing in the State Budget.   

New York State Health Commissioner Dr. Mary T. Bassett said, "Abortion rights are enshrined into New York State law, and New York will always provide safe access to abortions for all who need them. As we face Roe's reversal, thanks to Governor Hochul's leadership, we will not diminish these fundamental health care rights, but expand, increase, and broaden them. Through this nation-leading fund and increased support, we are getting resources directly to the providers who care for New Yorkers seeking abortions and those who are - and will be - coming to New York to seek this care." 

MAYOR ADAMS LAUNCHES NYC PANDEMIC RESPONSE INSTITUTE

 

Partnership With Columbia University and CUNY Will Help New York City Learn From COVID-19, Tackle Urgent Public Health Emergencies


 New York City Mayor Eric Adams today launched the New York City Pandemic Response Institute (PRI), a new partnership with Columbia University and The City University of New York Graduate School of Public Health and Health Policy (CUNY SPH) to help New York City learn from the lessons of the COVID-19 pandemic and tackle the urgent public health emergencies currently facing New Yorkers — from infectious diseases to climate-related events.

 

“We can’t wait for the next COVID-19 to arrive to look for downstream responses — we have urgent public health crises in our city, and we need to proactively face them with upstream solutions,” said Mayor Adams. “The Pandemic Response Institute will bring together city agencies, experts across various fields, and nonprofit and for-profit partners to tackle some of the biggest, most intractable public health challenges for New Yorkers. I look forward to working with the PRI to help grow our public health toolbox with the strategic upstream solutions we need to tackle these crises.”

 

“On behalf of the Columbia community, I want to express how proud we are of this project and of our partnerships with the city and CUNY,” said Columbia University President Lee C. Bollinger. “The mission of the Pandemic Response Institute is to work with academic, community, government, and business partners across the five boroughs to make sure that the city is prepared for future public health emergencies. Its goal is to do this in a way that addresses the structural inequities that make marginalized populations particularly vulnerable to the effects of these kinds of crises.” 

 

“CUNY is delighted to partner with Columbia University on an initiative so forward-thinking and vital to the health of New York City as the Pandemic Response Institute,” said CUNY Chancellor Félix V. Matos Rodríguez. “CUNY SPH’s expertise in urban public health and commitment to addressing health disparities — and the critical role that the school and CUNY as a whole have played in responding to the COVID-19 pandemic — make us well positioned to advance PRI’s community-centered approach and goals. We look forward to working with Columbia and PRI’s many partner organizations to put health equity at the center of our city’s response to emerging health threats.”

 

A dynamic new resource designed to support New York City across the entire lifecycle of emergency preparedness, the PRI will help the city develop greater resilience to the adverse consequences of public health emergencies — maximizing engagement and impact across the city, particularly in underserved communities, with community-based locations in each borough.

 

In coordination with the New York City Department of Health and Mental Hygiene (DOHMH) and New York City Emergency Management (NYCEM), the PRI will work with New Yorkers in communities across the five boroughs to develop locally tailored health solutions, information, and resources to prepare for, respond to, and recover from future health crises. The PRI previously received critical funding from the New York City Economic Development Corporation (NYCEDC).

 

The PRI includes diverse partnerships with dozens of nonprofit, community, faith-based, research, and corporate entities — including Amazon and Cepheid — that responded to COVID-19 across New York City and are committed to the PRI’s whole-of-society approach. Together, this diverse group of contributors brings the necessary resources, expertise, commitment, and vision to the critical task of equipping New York City to prepare and respond to future public health emergencies and to invest in more robust infrastructure and greater health equity in New York City.

 

Following a request for proposals for the PRI last year, NYCEDC, DOHMH, and NYCEM reviewed and selected Columbia with key partner CUNY SPH, and the city awarded $20 million in capital funding for eligible costs.

 

To learn more about the New York City Pandemic Response Institute, visit pri.nyc.

 

“This cross-institutional team, led by Columbia University and with CUNY as a key partner, will make the Pandemic Response Institute’s vision a reality,” said Deputy Mayor for Economic and Workforce Development Maria Torres-Springer. “With its partners in government and industry, and working hand-in-hand with community leaders, the PRI will help all our communities prepare for, respond to, and recover from public health emergencies.”

 

“Preparing for the next generation of public health emergencies demands strengthening core and non-emergent public health infrastructure, including our frontline community health workforce, surveillance and interoperable data systems, strategic communication functions, and public health policy development — all with an eye toward addressing structural inequities in our recovery and ensuring strong relationships and partnership with communities,” said DOHMH Commissioner Dr. Ashwin Vasan. “In support of government and a whole-of-society approach to pandemic response, PRI will help spur innovation and will be a vital public health workforce capacity builder and community partner. We look forward to being a part of PRI and to supporting all partners as our city continues to recover, heal, and prepare for a brighter, healthier future.”

 

“Healthy New Yorkers are the foundation of a healthy economy. NYCEDC was pleased to champion the vision for the Pandemic Response Institute with city partners and advocate for this investment in public health funding that is so critical to an equitable economic recovery,” said NYCEDC President and CEO Andrew Kimball. “Mayor Adams’ vision for how our economy will rebuild, renew, and reinvent includes focusing on communities hardest hit by the pandemic to better guide public health policies. We thank Columbia and CUNY SPH for taking the first steps to drive engagement and wide support behind the Pandemic Response Institute’s innovative and lifesaving work to come.”

 

“At New York City Emergency Management, our mission is to help New Yorkers and their communities be prepared for any emergency,” said NYCEM Commissioner Zach Iscol. “We support the Pandemic Response Institute’s commitment to engaging our communities at all levels to be prepared for the next health crisis, while exploring and executing innovative ways to support those most vulnerable to disasters.”

 

“Community is the operative word for PRI,” said Dr. Wafaa El-Sadr, director, ICAP and Columbia World Projects. “This initiative is all about bringing together every sector of this unique, dynamic, and remarkable metropolis — putting forth the best thinking, the most relevant data, the sharpest innovations, and, importantly, the most effective partnerships, so that everyone in our city is well prepared for the next major health threat — fully informed, engaged, safe and healthy.”

 

“This public-private partnership between two of the top public health academic institutions in New York City, along with other partners in the community, industry, academia, and government, promises to provide a wide range of experts in support of New York City’s strategy to prevent, prepare and recover from similar threats in the future,” said Dr. Ayman El-Mohandes, dean, CUNY SPH.

 

“The New York City Pandemic Response Institute will become a model for the country in how to rapidly respond to public health emergencies at scale,” said Dr. Jennifer Rakeman PhD, senior director, medical affairs, public health programs, Cepheid. “We are happy to be engaged with PRI in developing novel testing solutions that enable more effective, equitable, and accessible public health strategies for all New Yorkers.”

 

“Columbia University has assembled a world-class team that is uniquely positioned to advance the strategic priorities and goals of the New York City Pandemic Response Institute,” said Prem Natarajan, vice president, Alexa AI, Amazon. “We are delighted to support this important and timely initiative.”

 

PUBLIC ADVOCATE CALLS FOR RIKERS REFORMS AT BOARD OF CORRECTION HEARING AFTER FOURTH DEATH OF 2022

 

 Just a few days after Dashawn Carter became the fourth person to lose their life on Rikers Island this year, Public Advocate Jumaane D. Williams repeated his calls for urgent action to reform Rikers, address inhumane conditions, and save lives. At a hearing of the Board of Correction Tuesday, Public Advocate Williams again emphasized that years of mismanagement have created danger for people on both sides of the bars. Simply adding more officers, he explained, was not the answer, but rather systemic changes are needed.

"For far too long, the old policies and terrible management have been detrimental to incarcerated people and corrections officers and staff who work there," said Public Advocate Williams. "For fiscal year 2023, the administration plans to hire an additional 598 correctional officers. We should be concerned about hiring more correctional officers when there are other officers in the city not coming to the work, and already in the budget. The message from this administration should be preventive, not punitive. We have other staff we can hire as well, including social workers, other types of interrupters and people who are credible messengers as well. Hiring more officers, while other officers are out sick, sends the wrong message not only to this City, but to the people who are currently coming to work."


The Public Advocate also spoke about impending legislation he is set to introduce in the City Council to prohibit solitary confinement, and said of the upcoming deadline for the Department of Correction to present a plan for Rikers reform, "We cannot wait to see what happens with DOC’s plans. Punitive segregation, going back and forth between punitive and solitary, we know it still exists on Rikers Island. We know the names of people who died while in or after being in solitary: Layleen Polanco, Kalief Browder, Brandon Rodriguez. These are too many deaths for an abusive, inhumane, and immoral system."


As the potential for a federal receivership is imminent, the Public Advocate closed saying, "Federal receivership should not mean the City should stop working together to figure out what is needed...We should take federal receivership as a serious action on the table. It should push us to take this as a final, critical moment for change. It should not be viewed as continuing to do the same thing as before. We know that failed, and we can't continue to do the same thing, if nothing at all."


The Public Advocate's full testimony at the hearing is below.



TESTIMONY OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS

TO THE NEW YORK CITY BOARD OF CORRECTION HEARING - 

MAY 10, 2022




My name is Jumaane D. Williams, and I am Public Advocate for the City of New York. I thank the Board of Correction for allowing me to speak today.

 

As we know, these are critical times for those on Rikers Island. The violence and dysfunction is so high there that federal receivership is now an option on the table. With a three week notice, the Department of Correction must present an "action plan" to a federal court by May 17th. Otherwise, we may see a federal takeover of Rikers. It is disappointing that years and years of mismanagement has led to this moment. We had an opportunity as a City, for months if not years or decades, to do the right thing and offer a plan for those incarcerated and staff on the island. It is clear that we failed. 

 

The conditions at Rikers Island are truly inhumane. People lack life-saving medication, miss crucial medical appointments, live in unsanitary conditions, and are given spoiled food. The ongoing issue of correctional officers reporting out sick is causing an increase of stress and work for staff at Rikers. With the combination of the already dehumanizing environment and the COVID-19 pandemic, these exacerbated the living conditions and work conditions and increased the violence over the past couple of years. 

 

Inevitably, this meant that the number of deaths have also increased. Last year, 16 people died at Rikers Island which is known to be the highest number of deaths since 2016. As for this year, there have already been four deaths that have occurred. I refer to the latest death of 25-year-old Dashawn Carter, who committed suicide in his cell, is tragic. At the same time, the number of self-harm cases has risen. During the pandemic, these numbers surged. Towards the end of March 2020, there were 52 self-harm incidents per 1,000 people in jails and this number rose to 88 in 2021. We know the names and the stories of those who we have lost. The City has failed them and their families. We cannot continue to allow this to happen and witness numerous families grieving over their loved ones that took their life while jailed and awaiting trial. 

 

As I mentioned in previous testimonies, the city has failed those who also work on Rikers Island. Many correctional officers are obligated to work double, triple, or even quadruple shifts due to staff shortage. According to a report published by the 13th Nunez Monitor, they found that about 19.31 percent of the total number of uniform staff were on sick leave as of January 26, 2022. Some officers have mentioned being sexually harassed, assaulted, and abused during the job. In March, a correctional officer was slashed across the face while breaking up a fight near losing their eye. These horrible working conditions also impact those who are under the staff’s supervision. This could mean that medical appointments for incarcerated people are disregarded or missed, continuing the perpetual cycle of their health and medical concerns being ignored and neglected. For far too long, the old policies and terrible management has been detrimental to incarcerated people and corrections officers and staff who work there. For fiscal year 2023, the administration plans to hire an additional 598 correctional officers. We should be concerned about hiring more correctional officers when there are other officers in the city not coming to the work, and already in the budget. The message from this administration should be preventive, not punitive. We have other staff we can hire as well, including social workers, other types of interrupters and people who are credible messengers as well. . Hiring more officers, while other officers are out sick, sends the wrong message not only to this City, but to the people who are currently coming to work.  

 

These new correctional officers would be hired for the City’s Risk Management Accountability System. I was encouraged by the comments made at a March 23rd City Council hearing that RMAS would focus on a low census and high staff ratio. Staff may include health and mental health professionals. At the same time, I am concerned about the use of RMAS. As of last week, the number of people on Rikers Island is at least 5,400. Alarmingly, the number of people detained in pretrial detention is increasing. On May 11th, 2021, it was 4,148. As of May 6th, 2022, it was 4,609. As mentioned, DOC continues to have correctional officers who are out sick for an indefinite period of time. What is the procedure when that ratio cannot be achieved? That remains unclear. I actually think the public would be surprised to know that there is an increased number of folk on Rikers Island right now.

 

We cannot wait to see what happens with DOC’s plans. Punitive segregation, going back and forth between punitive and solitary, we know it still exists on Rikers Island. We know the names of people who died while in or after being in solitary: Layleen Polanco, Kalief Browder, Brandon Rodriguez. These are too many deaths for an abusive, inhumane, and immoral system. As elected officials, we must remain committed to seeing transformative changes to Rikers Island.

 

There is still an opportunity for us to lead. We must be able to separate for safety. We need to separate for safety. At the same time, isolation is a danger and we need to focus on reducing threats without using separation. DOC's Clinical Alternative to Punitive Segregation, used for incarcerated individuals with serious mental illness, is an example of using mental health staff that aims to reduce any potential harm being able to separate without isolate and stepping back down to population.

 

My office will soon present legislation in the City Council on solitary confinement. The bill would end solitary/punitive segregation as we know it. It also centers the lives and the experiences of those who are incarcerated. Solitary is disproportionately used against people of more color. It is also worse for people with pre-existing mental illness as well as increasing the risk of self-harm and suicide. The rate of suicide was five times higher for those in solitary in New York State from 2015 to 2019.

 

I am excited to see this legislation introduced in the City Council and anticipate its passage based on the urgency of the moment. Federal receivership should not mean the City should stop working together to figure out what is needed. We are elected officials. We are the board. We are expected to implement changes that are needed for everyone in New York City including those individuals who are at Rikers. I hope, when this bill is presented in the City Council, that the Board of Correction provides its support as the foundation of it is based on BOC rules.

 

We should take federal receivership as a serious action on the table. It should push us to take this as a final, critical moment for change. It should not be viewed as continuing to do the same thing as before. We know that failed, and we can't continue to do the same thing, if nothing at all. I thank the board for allowing me to speak. I always want to make sure I am speaking for those who are housed there and those who are working there. Many folks working those triples, quadruples. We want to make sure we’re bringing folks back in. It’s hard to explain the increase in the budget, while people are on sick leave.

 

I know this Commissioner and this Board didn’t necessarily create this mess, but we’re here. We had some months to address it, and we’re hoping in the next few weeks to present a real plan because receivership is not something most of us want. If it’s on the table, we have to do something. My office is willing to do what we can to be productive and get us to a place where everybody is safe and feel safe. I understand some of the concerns of the correctional officers who don’t feel safe in that environment. Thank you again.


NYSOFA, NYSDOH & Partners Present Training on Overcoming Health Disparities for Older Adults

 

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Initiative supports New York's commitment to age-friendly principles, urging all aging services providers to build programs and engagement efforts that respond to diverse community needs

 The New York State Office for the Aging (NYSOFA), New York State Department of Health (NYSDOH), and Dr. Melicent R. Miller of Health Forward, LLC have partnered on a four-part self-directed learning series to equip providers with the tools to overcome health disparities among diverse populations of older adults.

Health Disparities in the Aging: A Four-Part Learning Series is part of a comprehensive effort to address disparities at all levels of aging services in communities across New York State, from program design to daily client interactions and engagement. 

NYSOFA Director Greg Olsen said: “As a social worker, my code of ethics emphasizes social justice and respect for the inherent dignity and worth of people. Similar principles apply in other aging services disciplines that work to help some of the most vulnerable in our society. It is our duty to ensure that the services we provide reflect the communities we serve – and respond to their unique needs.”

He added: “NYSOFA is proud to work with our partners at the Department of Health and Dr. Melicent Miller on this training series, supporting New York’s pledge as the first age-friendly state in the nation through core principles of livability – among them social participation, respect, and inclusion.”

New York State Department of Health Commissioner Dr. Mary T. Bassett said: “Advancing equity across the aging population provides an important path toward optimal health for all. The Department of Health is pleased to continue its collaboration with NYSOFA and national experts in developing this high-quality training that will enhance existing efforts by both agencies to address health disparities and improve community environments for all New Yorkers.” 

Dr. Melicent R. Miller, President and CEO of Health Forward LLC, said: “As a society, we have benefited from historical gains in life expectancy and health outcomes due, in part, to advances in medicine and public health and societal improvements. Unfortunately, these benefits have not been evenly distributed, and deeply rooted health inequities exist among subpopulations of older adults across race, gender, and geography. In order to advance equity, inclusion, diversity, and belonging, it is important to understand why health disparities and inequities exist. It was my absolute pleasure to work with NYSDOH and NYSOFA to develop a training program aimed at not only educating staff on critical aspects of the topic but also providing tangible examples of how they can develop and implement strategies to improve the health status of older adults in their communities through partnerships, outreach, and engagement.”

NYSOFA pointed to data on the growing diversity of older adult populations in New York, emphasizing the need for engagement efforts that reflect the diversity of communities. According to the 2017 American Community Survey, over 23 percent of the state’s total population is foreign-born, with 27 percent of the older-adult population being foreign born. From 2000 to 2010, the state’s minority population age 60 and over grew by 43 percent, compared to 8 percent for the non-minority population, according to U.S. Census data. Between 2020 and 2030, the growth rate for 60-and-over minority populations is expected to be 30 percent, compared to 5 percent for the non-minority population age 60 and over.

More About the Disparities Series

Health Disparities in the Aging: A Four-Part Learning Series consists of four mini-modules available for viewing here. It is supported by the U.S. Centers for Disease Control and Prevention (CDC) and the federal Building Resilient Infrastructure and Communities (BRIC) initiative.

Each of the self-guided mini-modules is approximately 20 minutes in length, equipping aging services professionals in all settings with knowledge and concrete strategies to address health disparities and meet the needs of the diverse older adults in their community. It is designed for all aging services providers and their staff, from individuals who directly interact with clients to organizational leaders who make important decisions about community services and supports.

Watch and Share the Training Modules

About the New York State Office for the Aging

The New York State Office for the Aging (NYSOFA) continuously works to help the state’s 4.6 million older adults be as independent as possible for as long as possible through advocacy, development and delivery of person-centered, consumer-oriented, and cost-effective policies, programs, and services that support and empower older adults and their families, in partnership with the network of public and private organizations that serve them. Stay connected—visit the NYSOFA Facebook page; follow @NYSAGING on Twitter and NYSAging on Instagram; or visit aging.ny.gov.

About the New York State Department of Health

The mission of the New York State Department of Health is to protect, improve and promote the health, productivity and well-being of all New Yorkers. Our vision is for New Yorkers to be the healthiest people in the world, by creating communities that promote health and are protected from health threats, and by having access to quality, evidence-based and cost-effective health services.

Tuesday, May 10, 2022

NYS Office of the Comptroller DiNapoli: Chipotle Needs to Address Concerns Over Racial Equity and Inclusion

 

NYS Office of the Comptroller Banner

NY State Comptroller Seeks Support of Fellow Investors for Shareholder Proposal Calling on Company to Conduct an Independent Racial Equity Audit

 New York State Comptroller Thomas P. DiNapoli released a statement on behalf of the New York State Common Retirement Fund (Fund) to fellow Chipotle Mexican Grill Inc. shareholders in advance of the company’s annual meeting on May 18 seeking their support for the Fund’s shareholder proposal calling for an independent audit of the company’s practices related to civil rights, racial equity, diversity and inclusion, and how these affect the company’s business.

“Chipotle has expressed support for racial equality, but reality tells a different story,” said DiNapoli, Trustee of the Fund. “More than 60% of Chipotle’s employees are people of color and they have borne the brunt of recent controversies involving scheduling, underpaid wages, sick leave and COVID-19 practices. Despite its stated commitment to combatting racial inequity, neither the company nor its board has produced evidence showing they are assessing racial equity. An independent audit looking at these issues is overdue.”

Although Chipotle states it is taking steps to address these issues, it has not disclosed to investors and stakeholders its process for completing this internal review and whether its efforts are working. DiNapoli and the Fund believe it is necessary to have an independent review led by auditors with experience in rooting out discrimination. Failure to assess the risks that corporate racial equity shortcomings pose can impact value and lead to negative implications for companies including customer and employee attrition, negative press, significant fines and regulatory inquiries.

A racial equity audit would follow the model of other large companies where such reviews have already been conducted, including Starbucks, Facebook and Airbnb. More recently, Amazon, JPMorgan Chase, BlackRock and Morgan Stanley announced they would be conducting such audits.

DiNapoli noted:

  • In April 2020, the U.S. Court of Appeals allowed a collective action lawsuit alleging unpaid overtime claims to proceed against Chipotle, involving claims by more than 500 employees;
  • Chipotle has faced several wage theft claims that seek class-action status including more than 10,000 plaintiffs and has been accused of attempting to delay and obfuscate the claims of thousands of employees who were forced into individual arbitration;
  • In 2020, Chipotle workers filed a coronavirus-related Occupational Safety and Health Administration complaint claiming that employees aren't told when coworkers are quarantined with coronavirus symptoms. There have also been numerous work stoppages and strikes by Chipotle employees who questioned COVID-19 protocols and their safety at work; and
  • In April 2021, New York City’s Department of Consumer and Worker Protection filed a complaint against Chipotle seeking $150 million in worker relief for 599,693 violations of the city’s fair workweek law. Under this law, Chipotle could also be held liable for an additional $300 million in civil penalties. 

Shareholder Proposal Seeking a Racial Equity Audit

Shareholder Proposal

Securities and Exchange Commission Filing

The Fund’s SEC filing of its communication urging investors to vote in favor of its proposal at Chipotle is available here.

About the New York State Common Retirement Fund

The New York State Common Retirement Fund is one of the largest public pension funds in the United States with assets of approximately $279.7 billion as of Dec. 31, 2021. The Fund holds and invests the assets of the New York State and Local Retirement System on behalf of more than one million state and local government employees and retirees and their beneficiaries. It has consistently been ranked as one of the best managed and best funded plans in the nation.