Tuesday, June 13, 2023

MAYOR ADAMS AND UFT ANNOUNCE TENTATIVE CONTRACT AGREEMENT, PROVIDING SUBSTANTIAL WAGE INCREASES TO NYC EDUCATORS, SECURING FAIR DEAL FOR NYC TAXPAYERS AND OUR CHILDREN

 

Agreement Conforms to Pattern Established with DC 37, Includes Annual Raises, Employee Retention Payments, and Virtual Learning Program to Create New Opportunities for NYC School Children


New York City Mayor Eric Adams today announced that the City of New York has reached a tentative five-plus-year contract agreement with the United Federation of Teachers (UFT). This agreement will cover approximately 120,000 municipal employees, bringing the total workforce under contract to approximately 66 percent.

 

The tentative agreement is retroactive, beginning on September 14, 2022, and expires on November 28, 2027. It conforms to the economic pattern established by the agreement with District Council (DC) 37 earlier this year, and includes wage increases of three percent for each of the first three years of the contract, 3.25 percent in the fourth year, and 3.50 percent in the fifth year. The agreement also includes a $3,000 lump sum ratification bonus for all UFT members and a first-of-its-kind annual retention payment to be paid in May of each year, beginning with $400 in 2024, $700 in 2025, and $1,000 in 2026 and every year thereafter. These payments will help the city retain its valuable educators, especially those earning lower annual salaries.

 

The tentative agreement also establishes New York City public schools as the first major school system in the nation to offer an expansive voluntary virtual learning program, ultimately available to all high school students and at least some middle school students. This virtual learning program will give students access to a much broader set of course offerings across the city and the ability to take classes at non-traditional times, like evenings and weekends, and is not a substitute for in-person learning. Additionally, this groundbreaking initiative will allow New York City public schools to expand course offerings to students who don’t currently have access to the full range of accelerated courses, and to reach students for whom traditional in-person schedules don’t work, for example students with full-time jobs. Further, teachers leading virtual classes will have the option of teaching from locations that work best for their class. Virtual classes will be offered through a citywide program as well as through school-based programs.

 

“Our city’s educators work each and every day to provide a brighter future for our children and our city, and they deserve to be paid a fair wage,” said Mayor Adams. “Today’s agreement includes major victories, including wage increases and additional programs to retain our educators, along with groundbreaking new programs, like the option of a virtual learning program, to ensure our students receive a world-class education. I thank UFT President Michael Mulgrew, OLR Commissioner Renee Campion, and DOE Chancellor David Banks for reaching this historic agreement.”

 

“Thank you to UFT President Michael Mulgrew for working with the city on this contract that provide fair compensation to our teachers and other educators while delivering important programs to benefit our school children,” said New York City Office of Labor Relations Commissioner Renee Campion. “I also would like to thank Chancellor Banks and his team for their partnership in negotiating this contract.”

 

“Today marks a significant turning point in the history of public education in our city,” said New York City Department of Education (DOE) Chancellor David C. Banks. “The collaborative agreement between Mayor Adams and the UFT is a testament to the commitment and dedication we all share to uplift our students and enrich their lives. The wage increases and retention payments will strengthen our workforce by investing in our educators and their vital work. Equally exciting is our bold step into the future with the implementation of an expansive virtual-learning program. This program stands to provide equal opportunities for all our students, transcending traditional barriers and making education more accessible than ever before. The future of New York City public schools looks brighter today with this collaborative agreement, and I stand shoulder-to-shoulder with all of our educators as we set out on this transformative journey."

 

“As our parents and community members know, the city’s public-school educators need to be respected, appropriately paid, and have more autonomy in how they do their jobs. This tentative contract accomplishes all these goals,” said Michael Mulgrew, president, UFT.

 

The tentative agreement must be ratified by UFT’s membership, and would apply to teachers,

paraprofessionals, school secretaries, guidance counselors, psychologists, social workers, occupational therapists, physical therapists, staff nurses, and supervisors of school security.

 

The total cost of the tentative UFT agreement through Fiscal Year 2027 will be $6.4 billion, which is funded in the labor reserve in the proposed Fiscal Year 2024 Executive Budget.

 

In addition to wage increases planned over the next five-plus years, the tentative agreement includes:

  • Annual Retention Payments: UFT members will receive a retention payment of $400 in May of 2024, $700 in May of 2025, and $1,000 in May of 2026 and every May thereafter.
  • Virtual Learning Program: The DOE will offer an expansive voluntary virtual learning program to all high school students and some middle school students. This program will allow for flexible class scheduling, like weeknights and weekends, and the opportunity for educators to teach virtually.

 

UFT members will receive the following compounded wage increases:

  • September 14, 2022: 3.00%
  • January 18, 2024: 3.00%
  • January 18, 2025: 3.00%
  • September 14, 2025: 3.25%
  • September 14, 2026: 3.50%

 

Oregon Man Pleads Guilty to Conspiring to Provide Material Support to ISIS

 

An Oregon man pleaded guilty in federal court today for conspiring to provide material support to the Islamic State of Iraq and al-Sham (ISIS) by producing and distributing propaganda and recruiting materials online in coordination with ISIS members overseas.

Hawazen Sameer Mothafar, 33, an Iraqi national residing in Troutdale, Oregon, pleaded guilty to one count of conspiracy to provide material support to a designated foreign terrorist organization.

According to court documents, Mothafar immigrated to the U.S. from Iraq in 2014 and, since his arrival, has resided in Troutdale. An ISIS supporter since 2014, Mothafar was the co-founder of the Sunni Shield Foundation, a pro-ISIS media organization that created and published violent propaganda promoting ISIS ideology and objectives. In this role, Mothafar created the Sunni Shield’s first media product, a video of ISIS battle footage obtained from an official ISIS online platform intended to promote ISIS. In subsequent videos produced by Mothafar, he encouraged viewers to travel to Iraq and Syria to fight for ISIS and conduct attacks on behalf of the organization.

Mothafar and other members of the Sunni Shield obtained ISIS Central Media’s permission to begin publishing Al Anfal, an online newspaper promoting the Islamic State’s goals and advocating violent jihad. Mothafar oversaw planning and production of the publication while also serving as one of its graphic designers. Graphics designed by Mothafar for the publication incited readers to attack and kill Westerners and conduct knife attacks against ISIS enemies.

Mothafar communicated directly with ISIS Central Media officials in Iraq, from whom he regularly took instructions about media production. He represented the Sunni Shield in a private online group comprised of ISIS Central Media officials and representatives of other ISIS supporter groups. In this group, ISIS media officials would pass instructions to the supporter groups about official ISIS media campaigns. The supporter groups, including the Sunni Shield, would then prepare media materials to publish in support of the campaigns.

In addition to his work with the Sunni Shield, Mothafar aided other pro-ISIS media organizations and conspired with numerous ISIS associates in furtherance of his support to the terrorist organization. Mothafar provided graphic designs to the Khattab Media Foundation, assisted in the production of the Youth of the Caliphate magazine, published ISIS news on Nashr News Agency channels, worked with Fursan al-Rafa’ (Knights of Uploading) to publish pro-ISIS material on various websites, and assisted the Saqri Foundation with designs. Mothafar also communicated with Abu Qaswara al-Shanqiti, a Specially Designated Global Terrorist imprisoned in West Africa, and connected Qaswara al-Shanqiti with two ISIS officials in hopes of aiding his release.

On Nov. 3, 2020, a federal grand jury in Portland returned a five-count indictment charging Mothafar with conspiring to provide material support to a designated foreign terrorist organization, providing and attempting to provide material support to a designated foreign terrorist organization, and making false statements in an immigration application and to a government agency.

Mothafar faces a maximum sentence of 20 years in prison, a $250,000 fine, and a life term of supervised release. Sentencing is scheduled for Jan. 11, 2024 before U.S. District Court Judge Marco A. Hernández.

The FBI Portland Field Office is investigating the case.

Governor Hochul Announces Expansion of Nation-Leading Fully Paid Parental Leave Program, Covering More Than 150,000 New York State Employees

Governor Kathy Hochul smiles at a podium  

Agreement With CSEA Will Provide 12 Weeks of Fully Paid Parental Leave to More Than 52,000 Employees

If Ratified, Agreements with PEF and UUP Would Offer 12 Weeks of Fully Paid Parental Leave to More Than 88,000 Employees

Builds on Policy Extended to More Than 10,000 Unrepresented State Workers Earlier This Year

New York State Department of Labor Will Also Launch Statewide Paternity Leave Awareness Campaign

 Governor Kathy Hochul today announced expansion of New York’s nation-leading initiative to offer 12 weeks of fully paid parental leave benefits to more than 80 percent of the state workforce, fulfilling her State of the State commitment. As part of the Governor’s ongoing support for New York workers and their families, this historic shift means that the majority of State workers will have access to this crucial benefit for the first time in State history.

“No one should have to choose between a paycheck and caring for their newborn child,” Governor Hochul said. “In my State of the State, I put forward a nation-leading proposal to offer fully paid parental leave benefits to New York State employees — and today we are making good on that promise. By extending fully paid parental leave to over 80 percent of State employees, New York is leading by example and providing a critical line of support for hardworking families."

Today, the Governor announced an agreement with the three largest State unions to expand paid parental leave. The Governor announced a signed agreement with the Civil Service Employees Association, which represents New York State workers in a variety of roles, to expand paid parental leave to more than more than 52,000 employees. The Governor also announced pending contract agreements with the Public Employees Federation, representing public employees with professional, scientific, and technical titles, and the United University Professions, representing workers in higher education, which include fully paid parental leave benefits for members. If ratified, workers will be eligible to receive 12 weeks of fully paid leave to use for bonding with a newborn, fostered, or adopted child.

Despite the well-documented positive benefits of paid parental leave to maternal and infant health, as well as family economic security and workforce retention, the United States is the only developed country in the world without a national paid parental leave policy. New parents and caregivers depend on a patchwork of various federal, state, and local leave policies, in addition to any employer-sponsored benefits.

Governor Hochul first announced this initiative as part of her 2023 State of the State address. Once the union contracts are ratified, more than 140,000 union employees will join the 10,000 unrepresented New York State employees who became eligible following a February policy bulletin by Governor Hochul. Office of Employee Relations will continue to engage remaining State unions on extending this benefit to their employees through collective bargaining.

Governor Hochul also announced that the New York State Department of Labor (DOL) will develop and launch a statewide paternity leave awareness campaign, as recommended by the 2023 Gender Wage Gap Report. The campaign will aim to normalize paternity leave by raising awareness about the benefits available to new and expectant fathers and highlighting how paternity leave can positively impact families and the career and salary prospects of women earners.

See example of DOL paternity leave awareness campaign video here.

New York has long led on parental and family leave benefits, enacting the statewide Paid Family Leave law in 2016. In 2021, Governor Hochul signed legislation expanding the law to include caring for a seriously ill sibling.


Monday, June 12, 2023

MAYOR ADAMS’ STATEMENT ON POLICE COMMISSIONER SEWELL’S SERVICE TO THE CITY OF NEW YORK

 

New York City Mayor Eric Adams today released the following statement on New York City Police Department (NYPD) Commissioner Keechant Sewell’s service to the City of New York: 

 

“I want to thank Police Commissioner Sewell for her devotion over the last 18 months and her steadfast leadership. Her efforts played a leading role in this administration’s tireless work to make New York City safer. When we came into office, crime was trending upwards, and thanks to the brave men and women of the NYPD, most of the major crime categories are now down. The commissioner worked nearly 24 hours a day, seven days a week for a year and a half, and we are all grateful for her service. New Yorkers owe her a debt of gratitude.”


NYC PUBLIC ADVOCATE'S STATEMENT ON THE RESIGNATION OF NYPD COMMISSIONER SEWELL

 

"The sudden departure of Commissioner Sewell leaves open questions to be answered about what it means for public safety and policing in our city. While I have many areas of disagreement on issues with her and the administration she was appointed by, I found her to be attentive and responsive to some of these issues raised.


"Commissioner Sewell was brought into an environment where crime was up, public distrust of law enforcement was high, and department morale was low. Her appointment, especially as a Black woman, was inspiring for many, but it was not a panacea. That these challenges did not immediately resolve in her tenure says more about the pervasiveness of these problems than her leadership. 


"It is clear that from One Police Plaza to Rikers Island, there are longstanding patterns which enable damaging practices around transparency, misconduct, misuse of tactics, and an inability to address this harm. I hope that the next person to take this role is ready to be a true partner in public safety, who recognizes the role police play without inflating it, and is willing to sincerely adopt greater transparency and meaningful accountability. Unless there is real commitment to building new systems, rather than reviving failed ones, the next Commissioner will be bound by the prevailing and repeated patterns of unnecessary tension around public safety, violence and how law enforcement is used."


MAYOR ADAMS ANNOUNCES PLACEMENT OF TWO NEW HUMANITARIAN EMERGENCY RESPONSE AND RELIEF CENTERS

 

 Two New Humanitarian Relief Centers to Open, as Thousands of Asylum Seekers Continue to Arrive in New York City Each Week

New York City Mayor Eric Adams today announced the city will soon open two additional Humanitarian Emergency Response and Relief Centers as New York City continues to see thousands of asylum seekers arrive weekly. The two humanitarian relief centers — located at 205 and 207 West 85th Street (together as one) and 117 West 70th Street in Manhattan — will serve adult families and single women. As the estimated number of asylum seekers that have arrived in the city since last spring surpasses at least 74,000, these sites will serve more than 800 individuals in 516 rooms.  

 

“New York City is facing a humanitarian crisis unlike any other before,” said Mayor Adams. “With more than 47,000 asylum seekers still in the city’s care and thousands continuing to arrive each week, we need a national decompression strategy to handle this national issue. New York City has stepped up, opening nearly 170 emergency sites to provide temporary shelter but without federal aid and a strategy to move migrants around the nation we are unable to continue treating arriving asylum seekers with the dignity and compassion that they deserve.”

 

“These additional humanitarian response and relief centers will help us continue to meet our obligations to provide shelter to people seeking asylum,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “This crisis will continue for some time, and it will continue to take a citywide response.”

 

“Despite the immense magnitude of this crisis, New York City has not only managed to keep the ship afloat for the past year but continues to find solutions to address the urgent needs of this vulnerable population,” said Deputy Mayor for Public Safety Philip Banks III. “The opening of these centers represents another milestone in our comprehensive approach to ensuring the safety, dignity, and well-being of asylum seekers.”

 

“New York City continues to step up, with the support of partners from every sector, and respond to this humanitarian crisis with the compassion and resources needed for those arriving here to complete their journey, establishing a model for how to give asylum seekers a chance at a better life,” said Ted Long, MD, MHS, senior vice president, Ambulatory Care and Population Health, NYC Health + Hospitals. “These two humanitarian centers for adult families and single women build upon the success of our existing relief centers, which connect guests to meals, medical care, mental health support, language access, technology, and reconnection services. I am proud to be a part of the Adams administration as we help to make a better life possible for those who turned to us for help.”

 

“Over the past year, more than 74,000 asylum seekers have arrived in New York City, with more than half remaining in the city’s care. The opening of the two additional Humanitarian Emergency Response and Relief Centers in Manhattan will help alleviate some pressure on a system reaching its brink,” said New York City Emergency Management Commissioner Zach Iscol. “We continue to work with our city partners to identify additional locations to provide shelter for the hundreds of asylum seekers that continue to arrive in New York City each day.”

 

Since this humanitarian crisis began, the city has taken fast and urgent action, opening a total of nearly 170 emergency shelters, including nine additional large-scale humanitarian relief centers already; standing up navigation centers to connect asylum seekers with critical resources; enrolling thousands of children in public schools through Project Open Arms; and more. The city also, this spring, released “The Road Forward: A Blueprint to Address New York City's Response to the Asylum Seeker Crisis,” detailing how the city will continue to manage the influx of asylum seekers and advocate for support from federal and state partners.


Romanian National Who Operated “Bulletproof Hosting” Service That Facilitated The Distribution Of Destructive Malware Sentenced To Three Years In Prison

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that MIHAI IONUT PAUNESCU, a/k/a “Virus,” was sentenced to three years in prison today in Manhattan federal court for conspiracy to commit computer intrusion in connection with running a “bulletproof hosting” service that enabled cybercriminals to distribute the Gozi Virus, the Zeus Trojan, the SpyEye Trojan, and the BlackEnergy malware, all of which were designed to steal confidential financial information.  PAUNESCU also enabled other cybercrimes, such as initiating and executing distributed denial of service (“DDoS”) attacks and transmitting spam.  PAUNESCU previously pled guilty before U.S. Magistrate Judge Valerie Figueredo on February 24, 2023.  He was sentenced today by U.S. District Judge Lorna G. Schofield.

In imposing today’s sentence, Judge Schofield said that PAUNESCU facilitated the distribution of “some of the most serious malware circulating at the time” and “made considerable money from it.”

As alleged in the Complaint, the Indictment, other documents in this case, and statements made in court:

The Gozi Virus is malicious computer code or “malware” that stole personal bank account information, including usernames and passwords, from the users of affected computers.  The Gozi Virus infected over one million victim computers worldwide, among them at least 40,000 computers in the United States, including computers belonging to the National Aeronautics and Space Administration (“NASA”), as well as computers in Germany, Great Britain, Poland, France, Finland, Italy, Turkey, and elsewhere.  The Gozi Virus caused tens of millions of dollars in losses to the individuals, businesses, and government entities whose computers were infected.  Once installed, the Gozi Virus – which was intentionally designed to be undetectable by anti-virus software – collected data from the infected computer in order to capture personal bank account information, including usernames and passwords.  That data was then transmitted to various computer servers controlled by the cyber criminals who used the Gozi Virus.  These cyber criminals then used the personal bank account information to transfer funds out of the victims’ bank accounts and ultimately into their own personal possession.

Similar to the Gozi Virus, the Zeus Trojan and the SpyEye Trojan were designed to steal confidential financial information from victims’ computers.  BlackEnergy was initially designed to launch World Wide Web-based DDoS attacks and later upgraded to include the ability to steal account access credentials.

“Bulletproof hosting” services helped cyber criminals distribute the Gozi Virus with little fear of detection by law enforcement.  Bulletproof hosts provided cyber criminals using the Gozi Virus with the critical online infrastructure they needed, such as Internet Protocol (“IP”) addresses and computer servers, in a manner designed to enable them to preserve their anonymity.

PAUNESCU operated a “bulletproof hosting” service that helped cyber criminals to distribute some of the world’s most harmful malware, including the Gozi Virus, the Zeus Trojan, the SpyEye Trojan, and BlackEnergy, as well to as commit other cybercrimes, such as transmitting spam, which is an often used means of distributing malware.  PAUNESCU rented servers and IP addresses from legitimate Internet service providers and then, in, turn rented those resources to cybercriminals; provided servers that cyber criminals used as command-and-control servers to conduct DDoS attacks; monitored the IP addresses that he controlled to determine if they appeared on a special list of suspicious or untrustworthy IP addresses; and relocated his customers’ data to different networks and IP addresses, including networks and IP addresses in other countries, to avoid being blocked as a result of private security or law enforcement scrutiny. 

In imposing the sentence, Judge Schofield gave PAUNESCU credit for the approximately one year and two months that the defendant was held in Romanian and Colombian custody prior to his extradition to the United States.  In addition to his prison sentence, PAUNESCU, 39, of Bucharest, Romania, was ordered to forfeit $3,510,000 and pay restitution in the amount of $18,945.

Mr. Williams praised the investigative work of the Federal Bureau of Investigation.  Mr. Williams also thanked the NASA Office of Inspector General and the Colombian National Police.  In addition, Mr. Williams thanked the Department of Justice’s Computer Crime and Intellectual Property Section for its partnership in this matter.  The U.S. Department of Justice’s Office of International Affairs of the Department’s Criminal Division, the Narcotic and Dangerous Drug Section Judicial Attachés in Bogota, Colombia, and the U.S. Marshal Service provided significant assistance in securing the defendant’s extradition from Colombia.

Microsoft Agrees to Pay $20 Million Civil Penalty for Alleged Violations of Children’s Privacy Laws

 

The Justice Department, together with the Federal Trade Commission (FTC), announced that the United States has resolved a case against Microsoft Corp. regarding its practices for collecting and retaining personal information from children who use Microsoft’s Xbox Live service. The stipulated order issued by the court today requires Microsoft to pay $20 million in civil penalties and imposes injunctive relief to settle allegations that Microsoft violated the Children’s Online Privacy Protection Act (COPPA) and the Children’s Online Privacy Protection Rule (COPPA Rule) in connection with the Xbox Live service, which consumers use to connect online and with others through the Xbox brand of gaming consoles.

In a complaint filed in the U.S. District Court for the Western District of Washington, the United States alleges that Microsoft knew that certain users were children but nonetheless continued to collect personal information, such as telephone numbers, before notifying parents of Microsoft’s information collection practices and before obtaining parental consent. In addition, the complaint alleges that, while Microsoft provided some notice to parents, that notice was incomplete and thus failed to comply with the COPPA Rule’s requirements. Finally, the complaint alleges that in certain instances when children started, but did not complete, creating Xbox Live accounts, Microsoft retained their personal information for longer than permitted by the COPPA Rule.

“It is essential that before collecting children’s personal information, online companies provide complete and timely disclosures about their information collection practices so that parents can make informed decisions,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department's Civil Division. “The department and the FTC are committed to ensuring that companies comply with the laws specifically designed to safeguard the privacy of children.”

“This settlement requires Microsoft to clearly communicate with parents about their child’s data and sets up procedures to monitor Microsoft’s compliance with federal statutes regarding children’s online privacy. This work will make children safer online,” said U.S. Attorney Nick Brown for the Western District of Washington. “I commend Microsoft for quickly acknowledging it was illegally collecting and retaining personal data of children younger than 13, and for taking steps to fix the problem.”

“Our proposed order makes it easier for parents to protect their children’s privacy on Xbox, and limits what information Microsoft can collect and retain about kids,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “This action should also make it abundantly clear that kids’ avatars, biometric data, and health information are not exempt from COPPA.”

This matter is being handled by Trial Attorney Katherine M. Ho, Senior Trial Attorney James T. Nelson, and Assistant Director Lisa K. Hsiao of the Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Rebecca S. Cohen for the Western District of Washington. Megan Cox and Peder Magee represent the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of California, visit its website at www.justice.gov/usao-wdwa. For more information about the FTC, visit its website at www.FTC.gov.