Statement From Acting Attorney General Barbara Underwood

  “I am honored to serve the people of New York as acting Attorney General. The work of this office is critically important. Our office has never been stronger, and this extraordinarily talented, dedicated, and tireless team of public servants will ensure that our work continues without interruption.”

Barbara D. Underwood was appointed New York Solicitor General in January 2007. Prior to her appointment she served as Counsel and as Chief Assistant to the United States Attorney for the Eastern District of New York. From 1998 to 2001 she was the Acting Solicitor General and Principal Deputy Solicitor General of the United States. She has held executive positions in the Queens and Brooklyn District Attorneys’ Offices, and served as a trial attorney in the Manhattan District Attorney’s Office. She has argued 20 cases in the United States Supreme Court, as well as many cases in the state and federal courts of appeals. She has served as Chair of the Executive Committee and Chair of the Council on Criminal Justice of the New York City Bar Association. She was Professor of Law at Yale Law School, Visiting Professor at New York University School of Law, and Adjunct Professor at Brooklyn Law School. She was a law clerk to Chief Judge David L. Bazelon of the U.S. Court of Appeals for the D.C. Circuit and to Justice Thurgood Marshall of the U.S. Supreme Court. She received a B.A. from Harvard University (Radcliffe College) and a J.D. from Georgetown University Law Center, where she graduated first in her class. 

Statement By Attorney General Eric T. Schneiderman

  “It’s been my great honor and privilege to serve as Attorney General for the people of the State of New York. In the last several hours, serious allegations, which I strongly contest, have been made against me. While these allegations are unrelated to my professional conduct or the operations of the office, they will effectively prevent me from leading the office’s work at this critical time. I therefore resign my office, effective at the close of business on May 8, 2018.”

MAYOR DE BLASIO SIGNS LEGISLATION STRENGTHENING PROTECTIONS AGAINST SEXUAL HARASSMENT

  Today, Mayor de Blasio signed 11 bills to combat workplace sexual harassment. These bills mandate anti-sexual harassment trainings in the public and private sectors; make information about sexual harassment available so more New Yorkers know their rights; require sexual harassment data reporting from city agencies; and expand sexual harassment protections under the New York City Human Rights Law.

“Society has been stacked in favor of men for far too long, leading many to believe they can harass women without fear of punishment,” said Mayor de Blasio. “New York City will not allow that continue. We are taking action to protect workers against sexual harassment and saying loudly and clearly that anyone who harasses a co-worker will face justice.”

"When women step forward with a grievance, it is the employer’s responsibility to listen and take appropriate action,” said First Lady Chirlane McCray. “With this new package of bills, New York City is holding ALL employers accountable for what they do when employees come forward to report sexual harassment in the workplace."

"As revelations from the #MeToo and Time’s Up movements continue to unfold, including the recent troubling events here in New York, it’s important victims of sexual harassment know they will always be heard. All New Yorkers are entitled to a safe, respectful workplace, and the ‘Stop Sexual Harassment in NYC Act’ sends a strong message to public and private employers that there is no place for sexual harassment in our city. It is our responsibility as legislators to take action and protect all of our constituents by ensuring they feel safe no matter where they are ‒ at work, on the train or in the company of people they trust. I thank my colleagues, especially the Council’s Committee on Women Chair Helen Rosenthal, for their activism and I thank the Mayor for his support. I am immensely proud New York City is leading the charge to end sexual harassment,” said Speaker Corey Johnson, sponsor of Intro. 612-A.

Requiring Anti-Sexual Harassment Trainings

• Intro. 612-A requires all city agencies and the offices of the Mayor, borough presidents, Comptroller, and Public Advocate to conduct annual anti-sexual harassment trainings for all employees. 

• Intro. 632-A requires employers with 15 or more employees to conduct annual anti-sexual harassment training for all employees.

Ensuring New Yorkers Know Their Rights

• Intro. 614-A requires the New York City Commission on Human Rights to clearly post resources about sexual harassment on its website, including an explanation that sexual harassment is a form of unlawful discrimination under local law. 

• Intro. 630-A requires all employers in the city to display an anti-sexual harassment rights and responsibility poster designed by the Commission on Human Rights.

Reporting on Harassment at City Agencies and Assessing Workplace Climate

• Intro. 613-A requires all city agencies and the offices of the Mayor, borough presidents, Comptroller, and Public Advocate to assess workplace risk factors associated with sexual harassment as identified by the United States Equal Employment Opportunity Commission Select Task Force on the Study of Harassment in the Workplace. In doing so, agencies can better develop responsive strategies to combat sexual harassment.

• Intro. 664-A, requires all city agencies, as well as the offices of the Mayor, borough presidents, Comptroller and the Public Advocate, to conduct climate surveys to assess the general awareness and knowledge of the city’s equal employment opportunity policy, including but not limited to sexual harassment policies and prevention at city agencies. 

• Intro. 653-A requires all city agencies, as well as the offices of the Mayor, Borough Presidents, Comptroller and Public Advocate, to annually report on incidents of workplace sexual harassment to the Department of Citywide Administrative Services.

• Intro. 693 requires that contractors and subcontractors that apply for city contracts include their employment practices, policies and procedures as they relate to preventing and addressing sexual harassment in the employment report required of proposed contractors and subcontractors.

Expanding Sexual Harassment Protections Under The New York City Human Rights Law

• Intro. 657-A, amends the New York City Human Rights Law to apply provisions related to gender-based discrimination to all employers, regardless of the number of employees.

• Intro. 660-A would amend the policy statement of the New York City Human Rights Law to include sexual harassment as a form of discrimination that the New York City Commission on Human Rights shall have the power to eliminate and prevent.

• Intro. 663-A, amends the New York City Human Rights Law to increase the statute of limitations for filing harassment claims based on unwelcome conduct that intimidates, interferes with, oppresses, threatens, humiliates or degrades a person based on such person’s gender from one year to three years from the time that the alleged harassment occurred.

Letitia James lines up enough votes to be named interim AG

This comes from the New York Post.

  Public Advocate Letitia James has lined up enough votes in the state Assembly — including its powerful leader, Speaker Carl Heastie — to be named as interim Attorney General, sources said Wednesday.

The sources said Assembly Democrats led by Heastie are brokering a deal that would give James the post — vacated Monday by Eric Schneiderman amid allegations he choked and hit women — in a deal with Bronx Democrats.

In return for their support, she will back Bronx Borough President Ruben Diaz Jr. in a special election for her public advocate post, which would also be a springboard to run for mayor in 2021.

“It would be foolish of him not to take it,” said Bronx Assemblyman Jose Rivera of Diaz.

James put out a statement Wednesday morning making clear her intention to replace Schneiderman.

“Two days after allegations against the former Attorney General surfaced, we are all still coming to terms with his alleged shocking and grotesque behavior,” she wrote. “In line with its constitutional duties, the state legislature is carrying on a process to elect a temporary replacement. I am honored by the encouragement and support I have revived and am considering the best ways to continue serving New York.

“I remain moved by the tremendous courage and bravery that the survivors who came forward demonstrated, and am reminded that women’s voices are needed more than ever at the highest levels of government and in every corner of society.”

Other sources said the back-room deal raises ethical concerns. “Trading political favors” for elected office could be setting up James up for a fall, said one insider.

The last thing Democrats need is another controversy involving the Attorney General following the spectacular fall of Schneiderman, who resigned just hours after the New Yorker published charges by four women that he had hit them.

If she gets the appointment, James would likely face a number of challengers in September’s Democratic primary.

Zephyr Teachout, a well-known progressive working on Cynthia Nixon’s gubernatorial campaign, has already expressed interest. So has state Sen. Mike Gianaris of Queens.

Republicans are hopeful too that they can finally regain a statewide seat that has no incumbent.

Republican Manny Alicandro, a former Wall Street lawyer, announced on Monday he would run for the seat.

With Schneiderman gone, state Sen. John DeFrancisco, who recently withdrew from the gubernatorial race, is among those being named as another possible GOP challenger.

Sen. Majority Leader John Flanagan said Tuesday that the Syracuse state senator could do the job “with his eyes closed.”

Sources previously told The Post James wasted no time hitting the phones to drum up support for herself after Schneiderman resigned Monday night following allegations that he abused women.

Assemblyman Dinowitz Passes Critical Legislation Strengthening 'Transit Lockbox'

  State Assembly passes legislation that would prohibit the diversion of public transit funding without express legislative consent, a problem which has long plagued the transit systems such as the MTA and their ability to manage debt.

  Assemblyman Jeffrey Dinowitz (D-Bronx) today announced passage of legislation to require funding dedicated to public transportation systems (including the MTA) be used for their intended purpose. The bill would also require any legislation that diverts public transportation funding to include a diversion impact statement which reflects the amount of the diversion from each fund listed separately, the amount diverted expressed as current monthly transit fares, the cumulative amount of diversion from the previous five years, and a detailed estimate of the impact on service, maintenance, security, and current capital program.

For many years, the MTA has seen their operational costs increasingly used to pay debt service. The MTA’s debt service payments have grown from essentially nothing in the early 1980’s to over $2.5 billion in 2018. Despite this increasing cost burden siphoning much-needed resources away from a subway system in crisis, the MTA and other transportation systems have remained a frequent target of Governors who wish to use dedicated taxes to support transit projects to cover budgetary shortfalls in unrelated areas. The diverted funds are then replaced with bonds or loans that are backed by these same taxes, further adding to the existing debt burden.

Assemblyman Dinowitz has championed this bipartisan and common-sense legislation with State Senator Martin Golden (R-Brooklyn), resurrecting the bill as the MTA is once again in a state of crisis. A similar bill was vetoed by Governor Cuomo in 2013. Transit and good government advocates have hailed the legislation as a much-needed salve of transparency which will both hold the Governor and Legislature accountable when it comes to adequately funding public transportation systems in New York State. The bill (A8511) now moves to the State Senate, where it passed unanimously in June of 2013.

Assemblyman Jeffrey Dinowitz (D-Bronx) said: “As we examine every way to raise dedicated and sustainable revenue for mass transit in New York, it has become increasingly clear that we need to ensure that our promises to straphangers remain kept. If the people of New York are expected to continue paying increased fares and new taxes or fees to fix our subways and buses, then they should be confident that this money is being spent in the right place. I am proud of my colleagues for supporting this bill, and urge Governor Cuomo change his decision from several years ago by signing this bill into law.”

News From Congressman Eliot Engel,

  ENGEL STATEMENT ON IRAN DEAL WITHDRAWAL

  Representative Eliot L. Engel, Ranking Member of the House Committee on Foreign Affairs, today made the following statement regarding the Trump Administration’s withdrawal from the Joint Comprehensive Plan of Action:

“President Trump’s decision today makes much more likely a scenario we have long dreaded: an Iranian nuclear weapon. The nuclear agreement has its weaknesses—particularly that certain inspection provisions sunset a few years down the road rather than binding Iran in perpetuity. My hope was that in that time, we could have worked with partners to build upon the deal, extend its life, and address all of Iran’s other aggressive and harmful activities. The only way to improve the deal was for all parties to live up to their obligations.

“But by creating a phony crisis, President Trump has moved those sunsets up to today, and at the same time undermined American leadership and credibility on the global stage. Whatever the problems with the deal, we made a commitment, and now it’s the United States breaking its word. And President Trump bears sole responsibility for scrapping this deal rather than making a real effort to improve it.

“It’s hard to imagine another power—such as North Korea—would enter into an agreement with this Administration. This manufactured crisis and rash decision have cast doubt on everything the United States does and says around the world. But one thing is crystal clear: President Trump has made the world less safe today.”

House Energy & Commerce Committee Passes Engel RESULTS Act to Help Combat the Opioid Crisis

  Congressman Eliot L. Engel, a top member of the House Energy and Commerce Committee, applauded the unanimous Committee passage of H.R. 5272, Reinforcing Evidence-Based Standards Under Law in Treating Substance Abuse (RESULTS) Act and called on the GOP to end their assault on affordable health coverage to turn the tide of the opioid crisis.

The RESULTS Act, a bill introduced by Congressman Engel and Congressman Steve Stivers, directs the National Mental Health and Substance Use Policy Laboratory to issue new guidance to applicants seeking federal funding to treat or prevent mental health or substance use disorders. This guidance will ensure that those applying for federal funds have the information they need to implement evidence-based solutions to the opioid crisis, as well as the tools necessary to emulate successful approaches in their communities.

“This is a straightforward bill that will make it easier for those fighting the opioid epidemic in communities across the country to implement solutions that work,” Engel said. “I am very pleased that this commonsense bill will move to the House floor, along with several additional bills that will help address the opioid crisis.

“However, it’s important to recognize that these efforts do not happen in a vacuum. The Trump Administration has proposed more than $1 trillion in cuts to Medicaid, which covers 4-in-10 nonelderly adults living with an opioid addiction. These Americans covered by Medicaid were twice as likely to get the treatment they needed, compared to those without insurance or private coverage, in 2016. 

“If the Trump Administration and Congressional Republicans are serious about ending the opioid epidemic, they must also end their attacks on Medicaid and affordable health care.”

DE BLASIO ADMINISTRATION ANNOUCES PAID SAFE LEAVE LAW NOW IN EFFECT

   Mayor de Blasio and Department of Consumer Affairs Commissioner Lorelei Salas today announced that the Paid Sick and Safe Leave Law is now in effect. The law allows employees to use their paid leave if they or a family member have been the victim of any act or threat of domestic violence, unwanted sexual contact, stalking, or human trafficking in order to plan their next steps and focus on safety without fear of penalty.

New York City is the first city in the nation to pass paid safe leave legislation that includes survivors of human trafficking. The amended law also expands the definition of family for whom safe and sick leave can be used to any individual whose close association with the employee is the equivalent of family.

“The Paid Sick and Safe Leave law sends a clear message to survivors of sexual assault, domestic violence, and human trafficking – New York City stands with you,” said Mayor de Blasio. “The City is stepping up to ensure that vulnerable individuals are able to access the care they need without jeopardizing their livelihood.”

“Survivors should never have to choose between their paycheck or the safety of themselves and children. Paid Safe Leave gives survivors in NYC the opportunity to take the time they need to stabilize their lives without worrying about losing their job,” said First Lady Chirlane McCray, Co-Chair of the Commission on Gender Equity and the Domestic Violence Task Force.

“I am proud to support the expansion of such a crucial workplace law that allows New Yorkers the right to paid leave to care for themselves or their loved ones, without fear of retaliation from their employer,” said DCA Commissioner Lorelei Salas. “Safe Leave sends a clear message to New York City’s workforce – the very backbone of our great city – that we support your physical, psychological, economic health and safety and will continue to fight for your rights. I encourage all workers and employers to visit our website or to call 311 to request information about the Paid Safe and Sick Law.”

Under the new law, employees can take time off to restore their physical, psychological, and economic health or that of a family member. For example, individuals can take time off to:

·         Obtain services from a domestic violence shelter, rape crisis center, or other services program

·         Participate in safety planning, relocate, enroll a child in a new school or take other actions to protect their safety or that of their family members

·         Meet with an attorney or social service provider to obtain information and advice related to custody; visitation; matrimonial issues; orders of protection; immigration; housing; and discrimination in employment, housing, or consumer credit

·         File a domestic incident report with law enforcement or meet with a district attorney’s office

“This is an important expansion of paid sick leave that will protect victims of domestic violence and other serious crimes. I thank Mayor de Blasio for implementing this groundbreaking law, as well as former Speaker Melissa Mark-Viverito and former Councilmember Julissa Ferreras-Copeland, whose strong advocacy made this legislation a reality,” said City Council Speaker Corey Johnson.

Under New York City’s Paid Safe and Sick Leave Law, employers with five or more employees who work more than 80 hours per calendar year in New York City must provide paid safe and sick leave to employees. Employers with fewer than five employees must provide unpaid safe and sick leave. Accrual of safe and sick leave is at a rate of one hour of leave for every 30 hours worked, up to 40 hours per calendar year, and begins on employee’s first day of employment. Employees can begin using accrued leave 120 days after their first day of work. For those employers who do not frontload safe and sick leave on the first day of a new calendar year, employees must be permitted to carry over up to 40 hours of unused safe and sick leave from one calendar year to the new calendar year.

All covered employers are required to provide their employees with the new Notice of Employee of Rights that includes information about safe leave in English and, if available on the DCA website, the employee’s primary language. Employers must provide the notice on the first day of an employee’s employment, or by June 4, 2018, whichever is later.