Why shouldn’t the spotlight be on public offenders, too?

WHAT YOU SHOULD KNOW 
By Senator Rev. Rubén Díaz 
District 32 Bronx County, New York 

You should know that there is a debate raging in the New York State Legislature about eliminating the statute of limitations on sex abuse crimes for criminal and civil actions for certain sex offenses committed against a child less than eighteen years of age.

It is important for you to know that sexual abuse of children is found in every religious, racial, ethnic and socio-economic community. This is a disgrace, and we must do everything we can to institute reform, protect and assist victims, hold those responsible accountable, and prevent future abuse.

You should also know that the proposed bills in the Senate and the Assembly would provide a one-year window period, allowing for lawsuits in old cases to be brought forward in court.

This law would exempt public institutions and their employees, leaving the vast majority of potential plaintiffs who were abused in the past by public officials or public school teachers without the same right to sue those responsible.

In New York State, before anyone files a lawsuit against a town, city or public agency or government employees, the plaintiff must file what is called a Notice of Claim within 90 days of the incident.

A Notice of Claim is required in addition to any statute of limitation deadlines, and the failure to comply with Notice of Claim requirements results in the dismissal of civil lawsuits.

Under the current proposed legislation, there is no such risk of dismissal against non-public institutions nor their employees.

The current advocates for this new law to eliminate the statute of limitations must know that in no way, shape or form would they permit an amendment to the Notice of Claim requirement.

If they would permit that same one-year window for victims of sexual abuse by public officials or public school teachers, they would be opening the flood gates for billions of dollars worth of civil law suits, crashing budgets from small towns to bigger cities like New York.

The voters would certainly reap revenge on those who supported that legislation because it would inflict an outrageous tax burden on its citizens.

This silent conspiracy among the advocates of this bill must be addressed. They should not attempt to bask in the glow of their self-righteousness while they insulate publicly employed perpetrators from the same retro-active civil liability.  

I have to ask myself: How come the Daily News or any other publication, editorial board, or pundit isn’t making this demand, too.  Why shouldn’t the spotlight be on those public offenders, too?  Where is the fairness in this proposed legislation?

I am Senator Rev Rubén Díaz, and this is what you should know.

MAYOR SIGNS CRIMINAL JUSTICE REFORM ACT

(L-R) Speaker Melissa Mark-Viverito, Mayor Bill de Blasio, Council Member Jumaane D. Williams, Public Safety Chair Council Member Vanessa L. Gibson. Photo Credit: Vania Andre, NYC City Council

  Mayor Bill de Blasio signed Intro. 639-Binto law. Sponsored by Council Member Jumaane D. Williams Deputy Leader, the bill will require the New York Police Department (NYPD) to provide quarterly reports to the Mayor's Office and City Council on criminal and civil summonses issued. The data will be categorized into number of summons by offense, race, gender, age, borough and patrol precinct or housing police / transit district the summons was issued in.

The bill, which is part of the Criminal Justice Reform Act, also calls for all data to be published online and in a format that allows for automated processing. Each report is required to include comparative data for summons information for the past five years. The Criminal Justice Reform Act of 2016, comprised of eight bills, aims to change the way low-level nonviolent offenses are enforced, diverting them from criminal to civil matters.

• Int 639-B - amends the administrative code of the city of New York, in relation to requiring the police department to submit quarterly reports relating to the issuance of summonses.

• Int 662-A - amends the administrative code of the city of New York, in relation to requiring the police department to submit quarterly reports relating to the issuance of desk appearance tickets.

• Int 1056-A - amends the New York city charter and the administrative code of the city of New York, in relation to penalties for violating park rules.

• Int 1057-A - amends the administrative code of the city of New York, in relation to the enforcement of criminal and civil offenses.

• Int 1058-A - amends the administrative code of the city of New York, in relation to the penalties for excessive noise.

• Int 1059-A - amends the New York city charter, in relation to OATH procedures for certain quality of life offenses.

• Int 1067-A - amends the administrative code of the city of New York, in relation to the penalties for possessing an open container of alcohol.

• Int 1070-A - amends the administrative code of the city of New York, in relation to the penalties for littering, and to repeal subdivision 5 of section 16-118 of the administrative code of the city of New York, relating to the distribution of advertising matter.

"We know police disproportionately issue summons in historically disenfranchised communities," said Council Member Williams."This bill will allow us to track, document and have on record these unfair practices, which will allow us to advocate and implement a change. I want to thank Mayor Bill de Blasio and Speaker Melissa Mark-Viverito for their support and leadership on this bill."

In enforcing misdemeanors and non-criminal offenses, the NYPD may either arrest, issue a desk appearance ticket, or issue either a criminal or civil summons. The difference between a desk appearance and a summons is that issuing a desk appearance ticket requires the offender to be fingerprinted and booked, typically at a police precinct. The difference between a criminal summons and a civil summons is that a criminal summons requires the offender to appear in criminal court, while a civil summons requires the offender to appear in a civil tribunal such as the Environmental Control Board. The failure to appear for a criminal summons leads automatically to a warrant, whereas the failure to appear at a civil tribunal leads to a monetary judgment being entered against the offender.

This bill would require the NYPD to issue a quarterly report on both criminal and civil summonses. The bill would require a basic report on the number of each such summons issued, and would require this information to be disaggregated by the offense charged. The bill would further require this information to be disaggregated by the borough and precinct in which summonses were issued, and the age, race, and gender of the person to whom a summons was issued.

"It's important to note that this bill doesn't change enforcement or encourage crime," said Council Member Williams. "It's about a balanced approach and equity. It's my hope that this bill changes how communities are engaged by the NYPD."

The first quarterly report is due October 1, 2017.

Engel, House Pass Puerto Rico Relief Bill

   Congressman Eliot Engel, a senior member of the House Energy and Commerce Committee, and House colleagues last week passed a bill aimed at helping Puerto Rico resolve its debt crisis. The Puerto Rico Oversight, Management and Economic Stability Act (PROMESA) will allow the island to restructure its $70 billion debt, though other provisions in the bill have raised concern among lawmakers who feel it will hurt Puerto Rican workers.

“This is a deeply flawed bill, but the reality is that without swift action, Puerto Rico’s already tenuous economic situation is going to balloon into a humanitarian crisis,” Congressman Engel said. “I voted in favor of this legislation because the people of Puerto Rico cannot wait any longer. They don’t deserve to live in a place where hospitals and schools are shutting down because there’s no money to keep them open. But there are parts of this bill that I find deeply problematic. I was disappointed that House Republicans insisted on extracting concessions from Puerto Rican workers in order to secure basic legal protections for the island that every American municipality enjoys. These men and women are American citizens and they do not deserve to be treated—quite literally—like second-class citizens by House Republicans.

“I am hopeful the Senate will give swift consideration to this legislation and send it to the President for his signature. Puerto Rico needs this legislation to address their debt crisis and avoid defaulting on their legal obligations which come due July 1.”

Van Cortlandt Jewish Center Annual Journal-Dinner

  On Sunday, June 26, 2016 at 12 noon, Van Cortlandt Jewish Center, 3880 Sedgwick Ave; Bronx, NY is having its Annual Journal-Dinner honoring Jack Kleinfeld and Jack Spiegel, a Pair of Jacks. These two men highly deserve being honored for all the volunteer work they've done for VCJC.

 

Jack Kleinfeld has stepped up in both creating and chairing the "Future of the VCJC" Committee and has recruited Center Light (VCJC newsletter) and Web-Advertisers as well as business and individual supporters. Besides running his own business, Mr. Kleinfeld is currently the President of the Bronx Chapter of the National Society of Professional Engineers.

 

Jack Spiegel has been assisting fundraising, keeping up the VCJC web site (http://vcjewishcenter.org/index.html), photographing all events and doing what’s needed to be sure VCJC is front and center in people’s minds. He set up programs like a free NYFD taught CPR class for the community. Mr. Spiegel is currently volunteering for many organizations, including VP of VCCFCU, Deputy Chief Bx8 CERT and Treasurer of A.H. Consumers Society and HLMF.

 

The dinner will include an open bar and full buffet for $100. Cocktail hour – 12 noon – will include hot and cold hors D’oeuvres. The dinner will include a Salad Mélange and five Captains stations - Steak House; From the Sea; Chef’s Carving Board; Little Italy and Pacific Rim. Dessert will end the meal with a Viennese table.

 

This year’s event promises to be extraordinary and it is open to the public. Anyone wishing to come and honor these gentlemen should call VCJC at 718-884-6105.

COUNCIL MEMBER ANDY KING CALLS FOR RESIGNATION OF GEORGIA SENATOR FOR PRAYER ABOUT OBAMA’S DEATH

   “The words in the Bible are very clear and so was Sen. David Perdue, who knew exactly what he was saying when he said it!” said Council Member Andy King, who is an executive member of the Black, Latino and Asian Caucus and sits on the Civil Rights Committee. “It is unacceptable to stand before any audience and publicly urge them to put out a spiritual curse on a sitting U.S. President and his family. Sen. Perdue has a responsibility to respect the people he works for and the office of the President. Since Perdue offers no apology for his statement, I’m urging members of Congress and the Senate to call for Perdue’s resignation. Words of hate, by any elected official representing the people of the United States, must not be tolerated.”

Learn How to Protect Yourself from Identity Theft and ATM Fraud

Learn How to Protect Yourself

from Identity Theft and ATM Fraud

 A Bronx Chamber of Commerce / Country Bank

Networking Event

Wednesday, June 29, 6:00-8:00pm

at Applebee's in Riverdale

 

Sponsored by Country Bank

Your friendly, neighborhood bank for business

STATE SENATOR GUSTAVO RIVERA AND ASSEMBLYMEMBER LATOYA JOYNER'S LEGISLATION TO NOTIFY THE NEXT OF KIN OF THE DEATH OF AN INCARCERATED INDIVIDUAL PASSES THE LEGISLATURE

  State Senator Gustavo Rivera and Assemblymember Latoya Joyner released the following statement after bill (S5427A/ A7500A), passed the New York State Senate yesterday. This bill, which requires the Department of Corrections and Community Supervision (DOCCS) to be responsive to inquiries from family members or other designated representative about the circumstances surrounding the death of an incarcerated individual and to provide such person with an original preliminary death certificate, passed the New York State Assembly on March 28 and has now been sent to Governor Cuomo's desk for signature.

"The death of a loved one is one of the most difficult situations a person can go through, and it is even more challenging when this person is behind bars. In implementing this measure, our State will ensure that the family members of a deceased incarcerated individual can navigate such a heartbreaking and largely bureaucratic process in a timely and compassionate manner. I urge Governor Cuomo to join the Legislature in enacting this bill into law," said State Senator Gustavo Rivera.

"With unanimous support from the Assembly and the Senate's passage this week, I am happy that my colleagues have recognized the rights of families and their loved ones behind bars. Every inmate is someone's mother or father, brother or sister, son or daughter. No one should have to wait 18 months before receiving details regarding the death of someone they care about that is in custody," said Assemblywoman Latoya Joyner (D-Bronx, 77th AD). "This bill will help family members gain clarity by speeding up the process by which they obtain information, and make it somewhat easier to grieve the loss by offering some closure and details surrounding their passing."

Every year, approximately 150 incarcerated individuals die while in the care, custody and control of DOCCS. Currently, the process the family of a deceased incarcerated individual has to undergo to gain information about their loved one is filled with obstacles. For instance, outside hospitals and county coroners only respond to DOCCS and routinely tell the family member that they must contact the facility where the incarcerated individual had been in custody, while the facility in question, will refer them back to the hospital or coroner. 

Additionally, the State Commission of Correction (SCOC), the agency responsible for the full investigation of an incarcerated individual's death, does not complete a full investigation until 12 to 18 months after the passing. In the meantime, family members are left in the dark. They are not notified of the causes of death or provided with a preliminary death certificate, which only furthers the uncertainty and delays their grieving process. 

Senator Jeff Klein Hosts Children's Festival at St. Margaret of Cortona School

State Senator Jeff Klein hosted a children’s festival commemorating the end of the school year at St. Margaret of Cortona School on Sunday.

Hundreds of Bronx families gathered to celebrate the Bronx students’ hard work during the academic year. The festivities began with lunch and were followed by arts and crafts, such as spin-art and sand-art activities. Children danced to pop music throughout the celebration and enjoyed a bouncy castle. The excitement continued as attendees received elaborate face painting designs and enjoyed cotton candy and popcorn stations as well.

“I am thrilled to host this children’s festival and celebrate the dedication and achievements of our students. Today, we enjoyed quality time with our families and friends and created lasting memories.  I am also thankful to the participating parents, teachers, and faculty who demonstrate an unwavering commitment to the children and contribute to their academic success and well-being,” said Senator Klein

“We at St. Margaret of Cortona are delighted we could join with Senator Klein to offer this wonderful end-of-the-school year festival to our students and community. The 2016 school year was filled with amazing experiences and being able to celebrate all of them is a tradition we hope to repeat for years to come,” said Hugh Keenan, principal of St. Margaret of Cortona School.