Wednesday, November 2, 2016
MAYOR DE BLASIO ANNOUNCES APPOINTMENT OF JOHN SIEGAL TO CCRB
Mayor Bill de Blasio today announced the appointment of John Siegal to the Civilian Complaint Review Board. Siegal brings a wealth of experience to this position, with three decades as a trial lawyer, and having worked in both the private and public sectors as a partner at BakerHostetler and chief speechwriter to Mayor David N. Dinkins.
“John Siegal’s years of private practice and helping clients navigate the litigation process, as well as his commitment to public service, make him a great addition to the Civilian Complaint Review Board,” said Mayor Bill de Blasio. “John has spent his time deepening his understanding of the law and the responsibilities that come with being a public servant. We also both had the pleasure of working with Mayor Dinkins and his Administration to combat inequality in all its forms. I look forward to working closely with John to address the needs and concerns of every New Yorker.”
"My career has been devoted to advocacy, mostly for clients but for government reform too. I am grateful to Mayor de Blasio for the opportunity to now serve as a fact-finder helping to fairly and judiciously hear and determine civilian complaints to strengthen the NYPD and its relationship with the communities it serves and protects," said John Siegal.
About John Siegal
John Siegal is an accomplished trial lawyer and courtroom advocate in federal and state courts in New York and across the nation. As a partner at BakerHostetler, he advises and litigates primarily for financial services, media and real estate industry clients in private business disputes and matters involving public agencies and controversies.
From 2009 through 2014, Siegal served as the Litigation Group Coordinator of BakerHostetler's New York practice, managing a group that rapidly expanded to more than 100 litigating lawyers. At the same time, and throughout his career, Siegal has been an active participant in New York’s civic and political life.
As a younger lawyer, he served in City Hall as Assistant and Chief Speechwriter to Mayor David N. Dinkins and immediately out of college he worked as a Capitol Hill Staff Aide to U.S. Senator Charles E. Schumer. He serves on the Boards of Directors of the Fund for Modern Courts, the Center for an Urban Future and, formerly, the Council of Urban Professionals. He also was appointed to the Transition Committee helping staff the Office of Attorney General Eric Schneiderman.
About the Civilian Complaint Review Board
The Civilian Complaint Review Board (CCRB) is made up of 13 members: five members designated by the Mayor; five members designated by the City Council; and three members designated by the Police Commissioner. The CCRB is an independent agency that is empowered to receive, investigate, mediate, hear, make findings and recommend action on complaints against New York City police officers alleging the use of excessive or unnecessary force, abuse of authority, discourtesy or the use of offensive language.
COUNCIL MEMBER COHEN ANNOUNCES FUNDING FOR IMPROVEMENTS TO KINGSBRIDGE/BROADWAY RETAIL CORRIDOR
Council Member Andrew Cohen is putting his money where his mouth is.
A long-time advocate of improvements in the look of the Kingsbridge/Broadway business corridor, he has now obtained close to $40,000 for just such a spruce-up. He is allocating the funding to the Kingsbridge Riverdale Van Cortlandt Development Corporation (KRVC) through two City Council initiatives; the NYC Clean-up Initiative and the Neighborhood Development Grant Initiative.
“I am proud to be partnering with KRVC as we accomplish our long-sought goal of improving the look of this shopping corridor,” said Cohen. “It took years of hard work and collaboration by the elected officials and community organizations to support development of Kingsbridge/Broadway as a destination for shoppers. We will now be able to make a number of improvements to our growing retail district with this funding.”
“The Kingsbridge-Riverdale- Van Cortlandt Development Corp./KRVC is honored and excited to work with our community leaders, business owners and elected officials on improvements and the betterment of our Kingsbridge Commercial Corridor," added Tracy Shelton, Executive Director, KRVC.
Borough President Ruben Diaz Jr., Council Member Cohen and Assemblyman Jeffrey Dinowitz convened a working group back in 2014 to study the corridor and suggest recommendations. The group completed its work and issued a report in September 2015 summarizing their recommendations. The report sought to improve the aesthetic of Broadway and these funds will be used to beautify the corridor by standardizing and modernizing trash receptacles and street furniture, install community bulletin boards, as well as beautifying tree pits.
Commenting on the funding, Borough President Diaz said: “Last year, my office partnered with Council Member Cohen and numerous other elected officials and community organizations to issue a report on the future health of the Kingsbridge/Broadway Retail Corridor, especially in light of the opening of several major retail hubs at its north and south ends. This funding will help implement some of the improvements we recommended for the strip, such as improved street furniture and graffiti removal, and I thank Council Member Cohen for his commitment to the continued betterment of this important commercial strip.”
Members of the public with ideas for improvements are invited to participate in a walk-through of the corridor with Council Member Cohen and KRVC, set for Thursday, November 17 at 2:00 pm. Meet at the Council Member’s Office at 277 West 231st Street if you’d like to join in for the walk.
MAYOR DE BLASIO ANNOUNCES ONLINE BAIL PAYMENT, HELPING TO REDUCE UNNECESSARY JAIL TIME
Changes are part of the Bail Lab, launched in October 2015 to safely reduce New York City’s reliance on money bail
Mayor de Blasio and the Mayor’s Office of Criminal Justice today announced the creation of an online bail payment system that will help avoid unnecessary jail time by making it easier to post bail. The system – developed as part of the Bail Lab – will allow the friends and family of those incarcerated on cash bail to pay bail online, by phone or by kiosk rather than make the costly and time-consuming trip to a Department of Correction facility. This service will be available system-wide by Spring 2017.
“Nobody with the ability to pay bail should sit in jail just because the bail process is an inconvenience,” said Mayor Bill de Blasio. “Family members and friends will be able to avoid long lines and traveling during business hours by paying bail online, by phone, or at a kiosk in the courthouse – finally bringing the bail payment process into the 21st century.”
“Online bail is one piece of a suite of tools and strategies that the City is employing to reduce unnecessary incarceration. Currently, approximately 12,000 defendants every year spend a less than a week in jail because their friends and family were not able to reach the courthouse in time to post the required cash bail.” said Elizabeth Glazer, director of the Mayor’s Office of Criminal Justice. “Technology is part of the solution to the problem of meaningless jail."
"The United States Justice Department recently stated that holding a person in jail because they cannot afford to pay bail is unconstitutional. For our system to be truly just, we cannot permit a person to sit in jail because they are indigent. I applaud the City's efforts to reduce reliance on money bail and help ensure that defendants, who are presumed innocent, are not unnecessarily incarcerated,” said Assembly Speaker Carl Heastie.
“Paying bail online is an idea whose time has long since come, and is consistent with the City Council’s efforts to pair long-term systemic change with simple, common-sense solutions. I commend the Mayor for implementing this program, and look forward to continued collaboration on criminal justice reform,” said Council Speaker Melissa Mark-Viverito.
Obstacles to paying bail play a role in an estimated 12,000 unnecessary jail stays every year, Improving bail payment helps reduce the risk of recidivism associated with just a few days behind bars, as well as the high costs of booking and keeping someone into jail.
Bail is set during someone’s first appearance before a judge, at which point a defendant does not have access to their bank account, a cell phone, or their wallet. To pay bail, a defendant needs to have a friend or family member in court who can pay the bail immediately in cash. Friends and family typically only have a couple hours to post bail before the defendant is transferred to jail. Once a defendant is in jail, friends or family must travel to Rikers Island or another Department of Correction facility in order to pay bail. Lengthy travel times, going through security, and long lines in cashiers' offices mean this process can often take hours. A similar online bail payment system in Westchester County saved 77 individuals a collective 625 nights in jail over a three-month period.
The ability to pay bail online and by phone is the latest step the City has taken to make bail payment easier and faster. Additional recent changes include:
· Installing ATMs in every courthouse, to ensure that friends and families have easy access to cash at all hours.
· Providing friends and family with a first-of-its-kind complete guide to the bail system to help navigate a complex system and ensure that a loved one does not spend unnecessary time behind bars.
· Working with the City Council on legislation to eliminate fees associated with paying bail.
Learn more here.
Bail amounts in New York City are much lower than the national average. Yet only 10% of people are able to pay bail at arraignment. Another 30% make bail after arraignment, most within one week.This suggests that individuals may be able to come up with the money to pay bail, but inefficiencies in the bail payment process may create delays that result in unnecessary time behind bars. To identify bottlenecks in the bail payment process, the City partnered with the Center for Court Innovation to comprehensively map physical and procedural obstacles to paying bail. The report found that the lack of an online or remote bail payment system was a glaring barrier to bail payment. Today the City takes the next step in tackling this issue.
The City is in the process of entering into a contract with leading online payments processor to construct a system that is accessible and navigable for New Yorkers across the City. The development of the City’s first online bail payment system represents a historic opportunity for the City to modernize its criminal justice infrastructure, create a seamless platform that aggregates data across agencies and provide a much-needed service to the public. As part of this initiative, the City will evaluate the effectiveness of this online bail payment system to ensure it is accessible across the City and that it assists the City in promoting the overarching goals of reducing unnecessary incarceration, enhancing fairness and ensuring individuals appear in court. The City plans to track statistics about how often the system is used, whether it reduces the length of stay for those who are eventually bailed out, and whether its use affects people’s appearance rate in court to ensure the system is working well for all New Yorkers.
Monday, October 31, 2016
A.G. Schneiderman Offers Tips To Help Consumers Compare Health Care Plans In Advance Of NYS Marketplace Open Enrollment For 2017
Schneiderman: Choosing A Health Plan Is An Incredibly Important Decision And I Encourage Families To Take Time To Find Coverage To Meet Their Needs
Attorney General Eric T. Schneiderman today issued an updated brochure offering tips to New Yorkers buying health insurance coverage for 2017. The pamphlet, titled “Shopping For Health Insurance Coverage,” is being released in advance of the New York State of Health Marketplace’s open enrollment period starting on November 1, and can be used to evaluate all health insurance options, both on and off the Marketplace. Attorney General Schneiderman encourages consumers to take advantage of open enrollment to evaluate how their current health plan has met their needs, to evaluate whether their current health plan will change in a way that impacts the benefits they expect to use, and to consider what other options are available.
“Choosing a health plan is an incredibly important decision, and I encourage families to take time to find coverage to meet their needs,” Attorney General Schneiderman said. “Exploring the New York Marketplace is a great way to start making health care enrollment decisions by comparing plans and analyzing costs. I encourage all New Yorkers to see what options are available starting November 1.”
Open enrollment through New York State of Health begins on November 1, 2016, and New Yorkers seeking coverage effective January 1, 2017 must enroll by December 15. Once open enrollment for the Marketplace begins, New Yorkers will be able to review all health insurance plans available through the Marketplace, as well as determine what premium subsidy you may be eligible for to reduce the cost of your monthly premiums. Coverage is also available off of the Marketplace, and those plans may have different enrollment deadlines. Premium subsidies, however, are not available for plans purchased outside the Marketplace.
The Attorney General’s brochure offers important information for all New Yorkers shopping for health insurance – whether they are considering purchasing health coverage for the first time, re-enrolling in their existing plan, or switching into a new health plan. Prior to enrolling, take some time to identify your health needs for the upcoming year, consider your budget, and compare the available plans to evaluate how they satisfy your health and budget needs.
The Attorney General’s Office encourages all New Yorkers, when shopping for health insurance, to:
(1) Determine whether a premium subsidy is available through the Marketplace to make coverage more affordable (such subsidies are only available through the Marketplace);
(2) Check and confirm your provider’s participation status within the health plan, using the steps set out brochure;
(3) If you take prescription medications, check whether they are included in the health plan’s formulary, as well as what your out-of-pocket expense will be and whether there any pre-authorization requirements; and
(4) Check what the co-payment or co-insurance will be for any medical services you expect to use during the plan year, such as for physical therapy or mental health services.
Enrollment in Medicaid, Child Health Plus, and the Essential Plan is open year-round. This means that if you are, or become, eligible for one of these programs during the course of the year, you can enroll at any time. These programs offer low-cost, comprehensive health insurance coverage to lower-income New Yorkers. Child Health Plus is a New York State insurance plan for children, and children who are not eligible for Medicaid may be eligible to enroll in Child Health Plus. The Essential Plan offers coverage for up to $20 per month for lower-income individuals who do not qualify for Medicaid or Child Health Plus.
To learn more about these programs and the qualifications for enrollment, please visit these websites:
- Medicaid: https://www.health.NY.gov/health_care/medicaid/
- Child Health Plus: https://www.health.NY.gov/health_care/child_health_plus/
- Essential Plan: http://info.nystateofhealth.NY.gov/EssentialPlan
If you have any questions about a health plan’s coverage, including whether your provider is participating, you should call the insurance company directly and take detailed notes, including when you called, with the name of the person with whom you spoke, what you discussed, and what you were advised.
If you encounter inaccurate provider listings once you are enrolled in a plan and cannot access needed care from that provider, or otherwise believe you were given inaccurate information during open enrollment, contact the Health Care Bureau Helpline for assistance: 1-800-428-9071. For questions about the New York State of Health Marketplace, you can contact the Marketplace directly at 1-855-355-5777.
A.G. Schneiderman Announces Settlement With Amazon Delivery Contractor That Underpaid More Than A Hundred Workers
Cornucopia Logistics, LLC Deducted Money For Meal Periods That Workers Never Received
Attorney General Eric T. Schneiderman today announced a settlement with Amazon delivery contractor Cornucopia Logistics, LLC (“Cornucopia”) that will require the company to pay $100,000 to workers whose wages were deducted for lunch breaks they never received because of back-to-back deliveries. An investigation by the AG’s office also found that Cornucopia routinely failed to compensate workers for “call-in pay,” which must be paid when employees report to work but are sent home or otherwise instructed not to complete their shift. Cornucopia also failed to keep required records documenting actual hours worked each week.
Cornucopia delivers Amazon.com packages and food from Amazon Fresh to residential and commercial addresses in New York City. More than a hundred current and former Cornucopia employees, including drivers, drivers’ helpers, and messengers, are eligible to receive restitution from the $100,000 settlement fund.
“I’m proud that this settlement will allow workers who were shortchanged to receive the restitution they deserve,” said Attorney General Schneiderman. “Delivery workers travel all hours of the day and night and through all kinds of weather to meet tight time frames. They deserve to have a proper lunch break, and when they don’t, they certainly must be properly compensated for all of their work.”
New York State's labor laws require employers to pay workers for all hours worked and to provide workers with certain specified meal periods – typically a half hour. The law also requires employers to maintain accurate payroll records, and to pay “call-in pay” of four hours (three for restaurant workers) when an employee reports to work on a given day.
In addition to the payment of restitution funds, the settlement requires Cornucopia to comply with the law going forward, and bars Cornucopia from retaliating against employees for cooperating with the investigation. Cornucopia will also designate an internal officer responsible for ensuring prospective labor law compliance, including furnishing the Attorney General’s Office with quarterly reports and payroll documents.
In the past year, A.G. Schneiderman’s office has recovered nearly $5.7 million in back wages for more than 3,300 workers, as outlined in a September 2016 report. Since taking office, A.G. Schneiderman has recovered almost $27 million in stolen wages for more than 20,000 workers.
Anyone who is aware of a violation of workplace rights in New York State is encouraged to file a complaint with the Office of the Attorney General by filling out a complaint form or by calling the Labor Bureau at (212) 416-8700.
New York Supreme Court Orders ExxonMobil To Comply With A.G. Schneiderman’S Subpoena
In an important decision concerning Attorney General Eric T. Schneiderman’s investigation of Exxon Mobil for potential state law violations, including under the Martin Act, today the Hon. Barry R. Ostrager ordered Exxon Mobil (“Exxon”) and its outside auditor, PricewaterhouseCoopers LLP (“PwC”), to comply with a subpoena issued by the Attorney General’s office in August 2016. The subpoena seeks documents related to PWC’s work for Exxon.
On October 14th 2016, the Attorney General moved to compel production by PwC after Exxon asserted that it would not permit PwC to provide certain documents to the Attorney General’s Office. Exxon based its refusal to comply on a Texas statute that Exxon asserted creates an “accountant-client privilege.”
After noting that “[a]ll parties agree that this Court is the proper forum” to hear challenges to the AG’s subpoena, the New York Court ruled that Exxon’s interpretation of the Texas statute is “flawed,” and stated that the Texas statute in no way precludes PwC from producing the documents requested by the Attorney General’s office. The Court also stated that New York law, rather than Texas law, governed the dispute. The Court ordered PWC and Exxon to comply with the subpoena expeditiously.
“We are pleased with the Court’s order and look forward to moving full-steam ahead with our fraud investigation of Exxon,” said Attorney General Eric T. Schneiderman. “Exxon had no legal basis to interfere with PwC’s production, and I hope that today’s order serves as a wake up call to Exxon that the best thing they can do is cooperate with, rather than resist, our investigation.”
The Court’s Order is available here.
Bronx Taxi Summit
The event took place at the Southeast Bronx Neighborhood Centers Inc. located at 955 Tinton Avenue where the mayor's Community Assistance Unit and the TLC along with several city agencies and vendors connected to the taxi industry came together to help the attendees on current problems they are facing as drivers.
While TLC Commissioner Meera Joshi and Elvin Garcia of the Mayors CAU unit jointly hosted the event it was the Southeast Bronx Neighborhood Center located at 955 Tinton Avenue that was the winner. I spoke to Mr. Calvin Kendrick for almost an hour as the family worker supervisor and I agreed on many issues as to what is happening in many areas of the Bronx, and why children and others need centers like the SEBNC one on Tinton Avenue.
Above - Mr. Elvin Garcia of the Mayors CAU unit introduces TLC Commissioner Meera Joshi.
Below - Commissioner Joshi explains some of today's problems facing TLC drivers, and how the city administration plans to help the drivers.
Mr. Damyn Kelly the Executive Director of SEBNC thanked all who came to the Taxi Summit, and those city agencies and vendors who also participated in the summit held at the SEBNC center on Tinton Avenue. He tells of some of the many programs that are offered at the Tinton Avenue center.