Tuesday, June 2, 2020

NYC EMERGENCY EXECUTIVE ORDER NO. 118 - DECLARATION OF LOCAL STATE OF EMERGENCY


WHEREAS, on March 12, 2020, the City issued a Declaration of Emergency Related to the presence of COVID-19 in the City (“COVID-19 Declaration of Emergency”); and 

WHEREAS, Emergency Executive Order No. 98, issued March 12, 2020, and extended by Emergency Executive Order No. 112, issued May 9, 2020, contains a declaration of a state of emergency in the City of New York due to the threat posed by COVID-19 to the health and welfare of City residents, and such declaration remains in effect; and 

WHEREAS, large gatherings increase the potential for spread of the virus; and

WHEREAS, peaceful demonstrations began in the City in response to the death of George Floyd, a Black man in Minneapolis who died after one or more officers knelt on his neck, the latest in a long line of deaths of Black men and women that have spurred protests across our nation, but demonstration activities were subsequently escalated, by some persons, to include actions of assault, vandalism, property damage, and/or looting; and

WHEREAS, the City remains subject to State and City Declarations of Emergency related to the novel coronavirus disease, COVID-19; and 

WHEREAS, the violent acts have been happening primarily during the hours of darkness, and it is especially difficult to preserve public safety during such hours;

WHEREAS, the imposition of a curfew is necessary to protect the City and its residents from severe endangerment and harm to their health, safety and property; and 

WHEREAS, on June 1, 2020 I declared a state of emergency to exist within the City of New York

WHEREAS, the City remains subject to State and City Declarations of Emergency related to the novel coronavirus disease, COVID-19; and WHEREAS, the violent acts have been happening primarily during the hours of darkness, and it is especially difficult to preserve public safety during such hours; WHEREAS, the imposition of a curfew is necessary to protect the City and its residents from severe endangerment and harm to their health, safety and property; and WHEREAS, on June 1, 2020 I declared a state of emergency to exist within the City of New York

Section 1. A state of emergency is hereby declared to continue to exist within the City of New York. 

Section 2. I hereby order a City-wide curfew from 8:00 pm on June 2, 2020 until 5:00 am on June 3, 2020. During this time, no persons or vehicles may be in public.

Section 3. This Order shall not apply to police officers, peace officers, firefighters, first responders and emergency medical technicians, individuals travelling to and from essential work and performing essential work, people experiencing homelessness and without access to a viable shelter, and individuals seeking medical treatment or medical supplies. “Essential work” is work performed by essential businesses or entities as defined or permitted by the Empire State Development Corporation. 

Section 4. This Order shall take effect immediately. Sections 2 and 3 of this Order shall remain in effect through June 3, 2020 unless rescinded, superseded, or amended by further Order. Failure to comply with this Order shall result in orders to disperse, and any person who knowingly violates the provisions in this Order shall be guilty of a Class B misdemeanor

Bill de Blasio, 
MAYOR

Governor Cuomo Announces Western New York Expected to Enter Phase 2 of Reopening Tomorrow and Capital Region Expected to Enter Phase 2 of Reopening on June 3


Announces Lowest Rate of Positive Test Results Since Pandemic Began

Confirms 941 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 371,711; New Cases in 41 Counties

Governor Cuomo: "On the reopening, five regions upstate have entered Phase 2. That's good news. Western New York is expected to move to Phase 2 tomorrow and we expect that to happen. We have the data that we've been tabulating during Phase 1 in Western New York, all the data looks very good. We're going to have the global experts go through today. I want to make sure we're not missing anything. This is new for all of us. It's not what county executives do. It's not what governors do."

Cuomo: "What we have done with this COVID virus is a really amazing accomplishment, if you take a step back. And it was all done by the people of this state. They did it. 19 million people did what they never did before. They responded with a level of determination and discipline that I was amazed with frankly. And I am a lifelong New Yorker, but they did was unlike anything I've seen. Remember where we were. We had 800 people die in one day. We had the worst situation in the United States of America. At one point we had the worst situation on the globe. And we're now reopening in less than 50 days. Now, it was a long 50 days. I can recount every one of them. But, we went from a really internationally terrible situation to where we're talking about reopening today."

  We had a long night in this country. To my left, glad to be joined by Dr. Howard Zucker. To my right, I'm glad to be joined by Secretary Melissa DeRosa. Let's talk about where we are, start with the facts that we know.

In terms of handling the COVID virus, we're doing better than we've ever done before. The number of hospitalizations is down. It's continued to drop. The reduction in the number of intubations is down. The three-day average of new hospitalizations is down to the lowest level ever, which is really good news. We're doing a significant amount of testing. As you know, we're testing more than any state in the United States. We're testing more per capita than any country on the globe. And the tests are very relevant because they're a snapshot in time. They tell you where you are on that day. Yesterday we did about 50,000 tests, which is a tremendous number of tests. Less than 1,000 people tested positive. That is the lowest number we have had since this began, and when it began, we were only doing 3 or 4,000 tests. We now did 50,000 tests. So the progress is just phenomenal. And that's the rate of positives from our testing, remembering that the testing has increased exponentially. And we have the lowest number of deaths that we've ever had at 54.

And there will be a level at which that number can't drop any lower, right, because people who are gravely ill and contract the COVID virus, it's going to be a bad outcome. But that number is dramatically different than what we were looking at for many, many weeks. Question is, where do we go from here? No doubt the initial objective was getting control of this COVID virus. The situation has gotten more complex since then.

But on the reopening, five regions upstate have entered Phase 2. That's good news. Western New York is expected to move to Phase 2 tomorrow and we expect that to happen. We have the data that we've been tabulating during Phase 1 in Western New York, all the data looks very good. We're going to have the global experts go through today. I want to make sure we're not missing anything. This is new for all of us. It's not what county executives do. It's not what governors do. This is very detailed research of statistics, what clusters might pop up, etc. So, we also have global experts review all the data for us because this question of closing, opening, countries have gone through this before. There is a body of knowledge to know. And where we also go to global experts who we've enlisted who have gone through this with other countries where they close, they opened, they got into trouble, they had to close again. But, they're looking at it now. We want to make sure they get the latest data. We'll have a final announcement later this afternoon for Western New York, but the conversations I've had with them are all good and we expect Western New York to go to Phase 2 tomorrow. the Capital District region is moving to go into Phase 2 on Wednesday. Again, all the numbers look good there. We're going to run them by our global team to make sure they are as good as we think they are. But at this point the Capital Region is also on track to go into Phase 2 on Wednesday.

What we have done with this COVID virus is a really amazing accomplishment, if you take a step back. And it was all done by the people of this state. They did it. 19 million people did what they never did before. They responded with a level of determination and discipline that I was amazed with frankly. And I am a lifelong New Yorker, but they did was unlike anything I've seen. Remember where we were. We had 800 people die in one day. We had the worst situation in the United States of America. At one point we had the worst situation on the globe. And we're now reopening in less than 50 days. Now, it was a long 50 days. I can recount every one of them. But, we went from a really internationally terrible situation to where we're talking about reopening today.

Even New York City, where we're planning to reopen June 8th. And that was just 50 days. The whole closure period has been about 93 days. Yes it was a disruptive 93 days, I know. But look at what we did in 93 days. We went from the worst situation on the globe to actually reopening. That's where we are. We should be very proud of what we've done. Just don't snatch defeat from the jaws of victory. We're talking about reopening in one week in New York City.

Governor Cuomo and Mayor de Blasio Announce Citywide Curfew in New York City Will Take Effect Beginning at 11 PM


NYPD Will Double the Number of Officers in Areas Where There Has Been Violent Property Damage 

  Governor Andrew M. Cuomo and Mayor de Blasio today announced a citywide curfew in New York City will take effect beginning at 11 PM and will be lifted at 5 AM tomorrow morning.

The Governor and the Mayor also announced that the New York City Police Department will double its police presence to help prevent violence and property damage. The additional officers will be deployed to areas where violence and property damage occurred during last night's protests - specifically in lower Manhattan and Downtown Brooklyn.

The Governor and the Mayor also reminded New Yorkers participating in protests to take proper health precautions and wear face coverings while we continue to fight the COVID-19 virus.

"I stand behind the protestors and their message, but unfortunately there are people who are looking to distract and discredit this moment," Governor Cuomo said. "The violence and the looting has been bad for the city, the state and this entire national movement, undermining and distracting from this righteous cause. While we encourage people to protest peacefully and make their voices heard, the safety of the general public is paramount and cannot be compromised. Tonight the Mayor and I are implementing a citywide curfew starting at 11 PM and doubling the NYPD presence across the city."

"I support and protect peaceful protest in this city. The demonstrations we've seen have been generally peaceful. We can't let violence undermine the message of this moment. It is too important and the message must be heard. Tonight, to protect against violence and property damage, the Governor and I have decided to implement a citywide curfew," said Mayor Bill de Blasio. "The Police Commissioner and I have spoken at length about the incidents we've all seen in recent days where officers didn't uphold the values of this city or the NYPD. We agree on the need for swift action. He will speak later today on how officers will be held accountable."

Professor Of International Studies Pleads Guilty To Money Laundering


Prof. Bruce Bagley Participated in the International Laundering of Over $2 Million Derived from Venezuelan Bribery and Corruption

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that BRUCE BAGLEY pled guilty today before U.S. District Judge Jed S. Rakoff to two counts of money laundering.  BAGLEY used bank accounts in his name and in the name of a company he created in Florida to launder over $2 million in proceeds of a Venezuelan bribery and corruption scheme into the United States.

U.S. Attorney Geoffrey S. Berman said:  “Bruce Bagley, a college professor and author, went from writing the book on crime – literally writing a book on drug trafficking and organized crime – to committing crimes.  Professor Bagley admitted today to laundering money for corrupt foreign nationals – the proceeds of bribery and corruption, stolen from the citizens of Venezuela.  Bagley now faces the possibility of a long tenure in prison.”
According to the Indictment and other filings in the case:
In or about November 2016, BRUCE BAGLEY, a professor of international studies with publication credits including the book Drug Trafficking, Organized Crime, and Violence in the Americas Today, opened a bank account (“Account-1”) on behalf of a company (“Company-1”) that BAGLEY owned and controlled.  Between in or about November 2016 and in or about November 2017, Account-1 had minimal activity.  In or about November 2017, Account-1 began receiving monthly deposits of hundreds of thousands of dollars from bank accounts located in Switzerland and the United Arab Emirates (the “Overseas Accounts”).  Each month, BAGLEY would receive a deposit of approximately $200,000 from one of the Overseas Accounts into Account-1.  Thereafter, he would withdraw approximately 90 percent of the funds in the form of a cashier’s check, payable to an account held by another individual (“Individual-1”).  BAGLEY would send the remainder of the funds to his personal account.  Between in or about November 2017 and in or about October 2018, Account-1 received approximately $2.5 million from the Overseas Accounts. 
The Overseas Accounts belonged to a Colombian individual (“Individual-2”).  In or about December 2018, Individual-1 had a conversation with BAGLEY regarding the fact that BAGLEY was moving Individual-2’s funds into the United States and that the funds represented the proceeds of foreign bribery and embezzlement stolen from the Venezuelan people.  Nevertheless, in or about December 2018, BAGLEY created a new bank account (“Account-2”) in order to transfer additional money belonging to Individual-2.  BAGLEY continued to receive hundreds of thousands of dollars from the Overseas Accounts after opening Account-2.  BAGLEY transferred the majority of these funds to Individual-1 but retained a commission for his services.
BAGLEY, 73, of Coral Gables, Florida, pled guilty to two counts of money laundering, each of which carries a maximum sentence of 20 years in prison.  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.
BAGLEY is scheduled to be sentenced by Judge Rakoff on October 1, 2020, at 4:00 p.m.
Mr. Berman praised the work the FBI.  

BRIEF REMARKS OF DOI COMMISSIONER MARGARET GARNETT AT CITY HALL PRESS CONFERENCE ANNOUNCING INVESTIGATION OF NYPD’S INTERACTION WITH NEW YORK CITY PROTESTORS


   I think we all know that our City is in crisis, with the events of this weekend only the latest manifestation of that. It’s clear that the vast majority of protestors were peaceful and the vast majority of police action was appropriate. But I want to be clear that where that was not the case, we rightly have a higher standard for the police who are given tremendous power and who we rely on to protect us and to deal appropriately with criminal activity when it does occur.

  I spent most of my adult life working in law enforcement but with the overarching principle of trying to do justice. So, I really look forward to working with Jim Johnson on this important effort which I know will be guided by the facts and the law and which I hope will be a positive contribution to improving the relationship between our City and the NYPD. So, thank you.


Letter from Speaker Corey Johnson and Oversight and Investigations Chair Ritchie Torres Requesting Independent Investigation of the NYPD’s Mishandling of Protests Following the Murder of George Floyd


  Below is a letter Speaker Corey Johnson and Council Member Ritchie Torres, Chair of the Council’s Oversight and Investigations Committee, sent on Sunday to the Department of Investigation (DOI) Commissioner Margaret Garnett requesting a full and independent investigation of the New York Police Department (NYPD)’s mishandling of the weekend’s protests. The investigation should also probe the general policies and practices of the NYPD relating to mass demonstrations.

The letter, which cites alarming instances of misconduct described by witnesses and in some cases caught on video, calls for an investigation that is completely independent from the Mayor’s office. It should not interfere with the New York State Attorney General’s investigation.
This is the full text of the letter:
Dear Commissioner Garnett: 
Pursuant to section 803 of the New York City Charter, as Speaker of the New York City Council and Chair of the New York City Council’s Committee on Oversight and Investigations, respectively, we are hereby directing the Department of Investigation (DOI) to immediately undertake an investigation into the mishandling of protests that emerged in the wake of George Floyd’s murder and the general policies and practices of the New York City Police Department (NYPD) relating to mass demonstrations. 
Witnesses and reporters describe, and in several cases videos show, alarming instances of misconduct by the NYPD during these protests. These instances include the use of pepper spray against two State elected officials (Senator Zellnor Myrie and Assembly Member Diana Richardson), two NYPD vehicles ramming a group of people, a police officer forcefully shoving a woman to the ground, and a police officer removing the mask of a man with his hands in the air to pepper spray him. 
Any investigation by the City should be conducted independently, not in coordination with or under the supervision of the Corporation Counsel or any other office or agency directly controlled by the Mayor. The public must have confidence in our response. That will not happen unless we ensure that there is no possibility of political interference. This can be done by requiring that the investigation is led by the Office of the Inspector General for the NYPD (OIG-NYPD), which was established by the Council for the express purpose of independently investigating, reviewing, studying, auditing, and making recommendations relating to the operations, policies, programs, and practices of the NYPD.
DOI’s investigation should in no way interfere with the investigation currently being conducted by the New York State Attorney General. The Department should cooperate fully with the Attorney General and provide whatever assistance her office may request. In addition, any finding by DOI related to criminal conduct should be referred to the appropriate prosecuting attorney.

Comptroller Stringer to NYCHA: Fix Heating Failures and Boiler Inspection Problems Now Before Residents are Left in the Cold


Audit revealed the New York City Housing Authority (NYCHA) does not track how long it takes to resolve individual residents’ heat complaints or how many unresolved heat-related complaints are open at any one time
NYCHA failed to maintain a complete inventory of its boilers, adequate records that boiler inspections were conducted, and to ensure that deficiencies cited in inspections were corrected
Comptroller Stringer recommends NYCHA create a system that accurately tracks all heat-related complaints and ensures timely responses to required inspections and repairs
  New York City Comptroller Scott M. Stringer released a new audit of the New York City Housing Authority (NYCHA), which found that the agency tasked with managing the largest public housing authority in the country does not have the ability to effectively track the status and resolution of heating complaints involving individual apartments. The Comptroller’s audit found that NYCHA lacked adequate procedures to verify the accuracy of repair information, and did not maintain adequate records of required boiler inspections.
“Heating during the cold winter months is not a luxury — it is a basic necessity.  NYCHA’s consistent lack of accountability in addressing heating complaints and maintaining boilers is unacceptable,” said New York City Comptroller Scott M. Stringer. “NYCHA developments are home to more than 400,000 New Yorkers who deserve habitable, safe living conditions and timely responses to their concerns.  Instead, our audit reveals NYCHA’s persistent failure to properly manage and resolve heating complaints and the agency’s sheer inability to track what’s broken and what’s not.   If there is a heating issue or broken boiler, then it must be recorded, addressed, and repaired promptly – period. The upcoming warmer months give NYCHA another opportunity to streamline and upgrade its current, ineffective process before temperatures drop. I urge NYCHA to use this time wisely and implement our recommendations now before thousands more residents are left in the cold again. Later is too late – there can be no more excuses for NYCHA’s incompetence.”
NYCHA’s internal procedures require the agency to provide heat to its residents between October 1st and May 31st when the temperature falls below 55 degrees Fahrenheit, and the agency’s own regulations require a 24-hour response time for all heat-related complaints. Comptroller Stringer’s audit found a persistent failure by NYCHA to address heating problems and track the status of much-needed repairs, undermining the agency’s ability to provide heat to its residents.
Comptroller Stringer’s audit of NYCHA’s heating and boiler issues revealed the following findings:
  • NYCHA’s tools to oversee and track heating issues were both inefficient and ineffective, hindering the agency’s ability to manage and resolve heating complaints.
  • NYCHA lacks the ability to readily track the status and completion times of repairs needed to resolve residents’ heat complaints because its system tracks only the disposition of individual work orders and not the ultimate resolution of tenants’ heat related complaints that affect only their apartments.
  • NYCHA cannot identity the number of individual heating repair requests that have not been resolved or the length of time those requests have been open.
  • NYCHA’s records indicate that in the 2017-2018 heating season, 23 percent of heat-related work orders were not closed within the agency’s own target of 24 hours.
  • In addition, work orders are closed for many other reasons than that a repair was completed.
  • For example, NYCHA closed 14,257 work orders during the 2017-2018 heating season because its staff reported that the resident was not home or that maintenance staff could not gain access to the building or apartment.
  • NYCHA lacks adequate procedures to verify that its work orders were properly closed and that work reportedly done was in fact done and properly completed.
  • NYCHA solicits feedback from residents concerning their satisfaction with work performed in response to their complaints, but does not use it to review the quality of the work done under any particular work order, to improve training of heating staff, to allocate resources, or to better organize and perform its operations.
  • NYCHA does not maintain an accurate and complete inventory of all of its boilers, undermining the agency’s ability to properly ensure that boiler issues are identified and repaired.
  • NYCHA does not maintain adequate records of mandatory boiler inspections and as a result, it cannot assess the degree to which the agency’s boilers are being inspected to ensure that the boilers are up to standards and functioning properly.
  • NYCHA was not able to provide evidence that deficiencies identified during boiler maintenance inspections were addressed and so was unable to establish the extent to which the cited conditions were corrected and the amount of time it took to address those conditions.
Comptroller Stringer’s audit recommended NYCHA take the following steps to address the agency’s lack of adequate heating and boiler inspections:
  • NYCHA should create a system that effectively tracks all heating complaints and addresses those complaints in a timely manner.
  • NYCHA should take all necessary measures to determine and monitor on an ongoing basis the adequacy of its staffing levels and processes related to heating.
  • NYCHA should develop a process to independently verify that work orders were closed out properly and that work was completed as reported.
  • NYCHA should formally analyze the feedback that it receives from residents with regard to their satisfaction with the heating-related work performed and use that data to highlight specific areas that require action.
  • NYCHA should complete and update their lists of all boilers in their inventory to better track and monitor any problems with boilers to address them promptly.
  • NYCHA should ensure that it disseminates its inventory listing to those units within NYCHA that are involved in processes related to the boilers.
  • NYCHA should formally document tracking of all boilers that require inspections and the status of inspections to ensure all deficiencies are resolved within a legally mandated timeframe.
  • NYCHA should continue to develop a tracking system to identify work orders to ensure residents’ complaints are addressed and resolved in a timely manner.
In its response, NYCHA effectively rejected the recommendations that current practices need to be improved by only agreeing to three recommendations.
Comptroller Stringer’s audit of NYCHA’s oversight of heating complaints and boiler inspections follows a July 2019 audit of the agency’s roof repairs, which found that NYCHA wasted millions of dollars on roof repairs and failed to perform basic oversight and preventive maintenance of roofs, putting the health and safety of thousands of residents at risk. The audit revealed deficient conditions across 35 roofs including roof sag, pooling water, open seams, and damaged masonry across 88 percent of the roofs inspected, while the agency’s own rules all but ignored these problems — placing the health of residents in harm’s way.
To read Comptroller Stringer’s audit of NYCHA’s heating issues and boiler inspections, click here.
To read Comptroller Stringer’s audit of NYCHA’s roofs, click here.

Gay City News criticized Richie Torres, Michael Blake, and Melissa-Mark Viverito for not defending a Bronx Youth Gay


  You should know that Abel Cedeño was a 19-year Bronx Gay youth when he was sentenced to 14 years in prison for taking the life of another teen during a fight in a Bronx Public School.
 
It is important for you to know that on September 12, 2019, Mr. Paul Schindler Editor in Chief of “The Gay City News,” wrote an article under the title: “Justice Ignored in the Bronx” in which he gave me credit for my stand. He wrote “Among Bronx Public Officials, the only one who stepped forward prominently to support Cedeño’s right to be treated with mercy” https://www.gaycitynews.com/justice-ignored-in-the-bronx/
 
In the same article, Mr. Schindler criticized Councilmember Richie Torres, Assemblyman Michael Blake and Melissa Mark-Viverito for their silence when a 19-year old, Bronx gay youth needed their help.
 
You should also know that even though Mr. Paul Schindler in the past has criticized me, I do appreciate his professional, fairness, and impartial journalistic ethics this time by recognizing my effort on behalf of Abel Cedeño.
 
I am Councilman Rev. Ruben Diaz, and this is what you should know. 

Senator Rivera on Police Activity In Our City


GOVERNMENT HEADER
  "The horror of witnessing the murder of Gregory Floyd is a pain the Bronx knows too well. The perpetual injustice that black Americans experience at the hands of law enforcement has not been addressed for far too long. I feel your agony, indignation, and despair. My heart breaks thinking of the many families who have lost innocent loved ones. We see each others' pain in the streets of our city and across the country. The outpouring of rage and grief is a collective cry against this dehumanization and terror. The need for change is overdue.

As I see my neighborhood and district in distress, overtaken by law enforcement in riot gear, I stand firm for the change we deserve. We must hold officers accountable for brutality and violence. We need real investments in communities of color, not over policing and criminalization. Our fight for justice will not end tonight. As we rise up, we face a long road ahead. I humbly ask you to walk the path peacefully and help make our community safer. I demand that the NYPD demonstrate restraint and stop militarizing our streets and neighborhoods. The world is watching."

If you need to file a complaint regarding the NYPD, contact the Civilian Complaint Review Board: 
https://www1.nyc.gov/site/ccrb/complaints/file-online.pageor call 1-800-341-2272.

If you are arrested or in need of free legal services regarding an interaction with the NYPD, consult with the Bronx Defenders 24/7 Legal Emergency Hotline: 347-778-1266.