A.G. Schneiderman Announces Sentencing Of NYS Employee For Stealing Nearly $2.4M In State Funds Through Bribery Scheme

Defendant Sentenced To Two To Six Years In State Prison For Accepting Bribes, Stealing Funds From Educational Program For New Yorkers With Disabilities

  Attorney General Eric T. Schneiderman today announced the sentencing of Keisha Relf Davis, a New York State Department of Education vocational counselor, for taking part in a scheme that stole nearly $2.4 million from New York State. In September 2014, a Bronx County grand jury indicted Relf Davis along with co-defendants, Juan Cabrera and Juani Ortiz, who were already sentenced on Grand Larceny charges. Relf Davis was sentenced to two to six years in state prison by the Honorable Justice Steven Barrett.

“Those who steal from the state will face serious consequences” said Attorney General Schneiderman. “Government programs cannot be used as a personal piggy bank—especially ones that are intended to help some of our most vulnerable citizens.”

As part of the scheme, Relf Davis, in exchange for cash bribes, approved students for the Office of Adult Career and Continuing Education Services’ Vocational Rehabilitation Program (“ACCES-VR”), although these students never applied to the program. The ACCES-VR program was created to help eligible New Yorkers with disabilities and functional limitations gain self-dependence through education, training, and employment. Relf Davis knew that the students she approved did not have disabilities or functional limitations to qualify for this program.

From approximately October 2010 through March 2013, in Bronx County and elsewhere in New York, Relf Davis and others agreed to steal over one million dollars from the ACCES-VR program. When students sought on-the-road commercial driver’s license (“CDL”) training lessons at Roadway and Americana, the co-defendants required the students to provide a copy of their driver’s license and social security card. In addition, students were required to pay $300 to $500 in cash for the lessons. These cash payments were paid directly to Relf Davis as bribes. Over the course of the scheme, each driving school paid Relf Davis over $10,000 in bribes.

In exchange for the cash bribes, Relf Davis agreed to fraudulently fill out an application for ACCES-VR services on behalf of each Roadway and Americana student for whom she received a driver’s license and social security card from the co-defendants. She forged multiple student signatures and falsely indicated that the students suffered from substance abuse problems, when they did not. For each student Relf Davis approved to receive CDL training at Roadway or Americana, Relf Davis agreed to approve payments from ACCES-VR to the driving schools ranging from approximately $3,900 to $4,930, without requiring documentation or evidence that the schools provided the services contained in the proposals or vouchers.

Relf Davis and others knowingly filed false and forged documents with the State Education Department and with ACCES-VR. Specifically, they falsely filed: applications; certifications of vocational services eligibility; proposals; and vouchers with certifications that Roadway and Americana provided 50 hours of classroom instruction, 40 hours of theoretical instruction, and 35 hours of on-the-road training services for the ACCES-VR purported consumers. Roadway and Americana did not provide these services to the students. The services that students received from the schools were worth far less than the amount that ACCES-VR paid.

The Attorney General’s office thanks the Department of Education for their assistance in this case.

BRONX MAN SENTENCED TO 25 YEARS FOR STABBING DEATH OF 63-YEAR-OLD NEIGHBOR

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 25 years for the killing of his neighbor, who died months after being stabbed in the back multiple times. 

  District Attorney Clark said “The defendant ruthlessly chased the victim, a man in his 60s who suffered from asthma and stabbed him outside his home, leaving him paralyzed. The victim fought for his life for months and we hope this sentence brings justice to his family.” 

  District Attorney Clark said the defendant, Nando Hernandez, 50, of 898 Irvine St., was sentenced today before Bronx Supreme Court Justice Michael Gross to 25 years for first degree Manslaughter followed by 5 years post-release supervision. Hernandez pleaded guilty on May 17, 2016. His sentencing was delayed due to his unsuccessful attempts to withdraw his plea.

  According to the investigation, on August 11, 2014, Hernandez was involved in a confrontation with Alberto Zayas, 63. Both men lived in the same house but in separate rooms. Hernandez chased Zayas outside the Irvine St. house and stabbed him three times in the back. Zayas died as a result of his injuries eight months later.

Stringer Audit Reveals Serious Gaps in MTA’s Maintenance and Repair of Elevators and Escalators

Nearly 80 percent of sampled machines did not receive all scheduled preventive maintenance

MTA does not ensure needed repairs are made, threatening accessibility and safety

  New Yorkers frequently see breakdowns of the MTA’s elevators and escalators, and a new audit released today by New York City Comptroller Scott M. Stringer explains why. The audit found the New York Metropolitan Transportation Authority (MTA) did not perform all scheduled preventive maintenance on nearly 80 percent of the sampled escalators and elevators, and that one-third of the MTA’s scheduled preventive maintenance assignments in the sample were completed late – if at all.  In addition, the MTA does not systematically track whether and how quickly all of the defects found in its elevators and escalators are corrected.  The MTA’s failure to adhere to its own maintenance schedule and ensure that all defects are promptly corrected can pose safety risks for straphangers and threaten accessibility in subway stations, posing extraordinary challenges particularly for seniors and people with disabilities.

“New Yorkers constantly see and experience broken elevators and escalators – and this audit shows us why it’s happening.  Preventive maintenance is late or not happening at all, and when defects are identified, work orders aren’t always created. It’s not rocket science – it’s common-sense. If we aren’t proactively servicing these machines, and if we aren’t repairing them when we find problems, they’re going to break down. New York City Comptroller Scott M. Stringer said. “When seniors and people with disabilities can’t get to where they need to go because of a broken elevator or escalator, government is failing them.  This audit isn’t just about basic maintenance. It should be a reminder that behind every broken machine, behind every motionless escalator or elevator, there are people who can’t travel. There are New Yorkers who can’t make it to a job interview or doctor’s appointment. It’s unfair – and it’s gone on for far too long. It must get fixed.”

Even though proactive, preventive maintenance is critical to ensure that elevators and escalators function properly, the Comptroller’s audit shows that preventive maintenance isn’t being completed on time. The Comptroller’s Office sampled 36 elevators and 29 escalators throughout New York City – a total of 65 machines – and found that:

• Approximately 80 percent of the elevators and escalators did not receive all of their scheduled preventive maintenance service assignments.
• 21 of the 65 machines – or 32 percent of the sample – failed one or more of the MTA’s own inspections and were removed from service to address the safety defects.
• 15 of the 21 machines that failed inspection had been serviced approximately two weeks before the inspection.
• Those 15 machines had 62 defects that remained pending even after they were serviced.

The 65 sampled elevators and escalators should have received 849 scheduled preventive maintenance services during an 18-month period the Comptroller’s Office audited.  However, of those 849 preventive maintenance assignments:

• 34 percent – 289 of the 849 assignments we sampled – were not completed on time or at all;

• 164 maintenance assignments performed, or 22 percent, were not completed on time. The vast majority were late, by 15 days on average, with 60 taking even longer;

• 21 maintenance assignments were not completed at all.

• 104 maintenance assignments were canceled (with an explanatory memo on file). However, 32 of those memos did not meet the MTA’s own criteria for canceling preventive maintenance.

New York City Transit’s (NYCT) Division of Elevators and Escalators, which is part of the MTA system, is responsible for the maintenance, repair, and inspection of the elevators and escalators located throughout the subway system. Checklists are used to specify what areas of the machines need to be inspected or serviced, depending on the level of preventive maintenance or inspection to be performed.

However, the Comptroller’s office found that, in many cases, work orders were never created, even after new defects were found during preventive maintenance or inspections. After analyzing 949 preventive maintenance and inspection checklists, the audit found 331 checklists in which new defects were noted. Yet, for one in four of those cases on average—or 89 total—the auditors found no evidence that work orders were ever created to fix the problems cited. That means some defects identified during preventive maintenance and inspections were not addressed on time, if at all.

In addition, NYCT does not track when or even whether all defects have been corrected.  NYCT’s database does not have a dedicated data field in which specific defects that need to be corrected can be listed.

As a result of these breakdowns in process, NYCT’s ability to ensure that its 407 elevators and escalators are operating in good condition is hindered.

To correct the wide range of shortcomings in the MTA’s preventive maintenance regimen, the Comptroller’s Office made 13 recommendations, including setting realistic internal targets for preventive maintenance service assignments, reinstructing all personnel on their responsibilities for completing and approving checklists, and instituting rigorous procedures for ensuring work orders are created and every defect identified is addressed.

“Elevators and escalators are the first and last stop for many subway riders — but too often the last priority for the MTA,” said State Senator Daniel Squadron. “I’ve seen busted deadlines and broken escalators repeatedly in my own district, from the East Broadway F, to the High Street A/C and beyond. I urged a review because functioning infrastructure and timelines in the system are often as elusive as functioning escalators and elevators. Thank you to Comptroller Stringer for completing this review, as well as my colleagues and the advocates here today.”

To view the full audit, click here.

IDC’s New Legislation Protects the Right to Join a Union and Fights Union-Busting Laws Spreading Across the Nation

On May Day Independent Democratic Conference stands with AFL-CIO, UFT, Building Trades, Uniformed Services and other public employee unions to protect collective bargaining

New York State Senate Labor Chairwoman Marisol Alcantara, joined by members of the Independent Democratic Conference and leaders of major labor unions, introduced legislation on May Day (International Workers’ Day) to combat union-busting tactics used in right-to-work states spreading nationally.

Right-to-work, a misnomer, strips unions of their collective bargaining power and these laws in place in 28 states are being considered on a federal level, which could lead to the erosion of the right to organize for better wages, benefits and workplace environment.

Alcantara’s legislation simplifies the process for an individual to join a public employee union and helps the union have the resources to provide services to that member.

“We cannot allow right-to-work to demolish the labor movement that was born in New York. We cherish the right to organize and this legislation ensures that everyone pays their dues to receive the protections and benefits that unions provide. Right-to-work means a right to lower wages and a lower quality of life and we will fight against that for our brothers and sisters in labor,” said Senator Alcantara.

“Unions are crucial to protecting the rights of workers in New York and across the country. As we continue to see more states enact right-to-work laws and discussion at the federal level of expanding them we must make it clear that New York will not allow itself to join that list. The IDC will continue to fight for laws that protect unions and the workers they fight for,” said IDC Leader Klein.

“The Independent Democratic Conference has always supported working men and women and recognizes the importance of protecting worker rights including the right to join a union. This legislation will streamline the ability of individuals to join a union in the public sector and comes at a critical time for working people who are increasingly under attack by those who want to diminish the rights of working men and women. We thank Senator Jeff Klein, Senate Labor Chair Marisol Alcantara and the IDC for sponsoring this important legislation. A strong labor movement raises the standard of living and quality of life for all working people,” said AFL-CIO President Mario Cilento.

This is of pressing concern with new Supreme Court Justice Neil Gorsuch. In a case brought before the Supreme Court, Friedrichs v. California Teachers Association, in which California teachers challenged that state’s law allowing unions to collect agency fees, the union prevailed in a 4-4 decision due to a vacancy on the court. That seat is now filled by Justice Gorsuch.

Other cases pending including Janus et al. v. AFSCME Council 31 in Illinois and Yohn et al. v. California Teachers Association, all share the aim of the court handing down an anti-union decision that failed to come with the Friedrichs case.

“Our unions bring dignity to the workplace, higher wages and benefits are vital to employees all over our state. The IDC will not allow the rights of our unions to erode in anyway, and I am proud to cosponsor this legislation,” said IDC Deputy Leader David Valesky.

“As a proud former labor leader, we must continue to fight for workers’ rights that are being threatened on a national level. Unions provide good-paying jobs, benefits and excellent workplaces for New Yorkers and we will not allow anyone to take that away. Our labor leaders go to the bargaining table to make sure that their employees have these rights and this legislation prevents any attempt to chip away at collective bargaining,” said Senator Diane Savino.

“Labor unions won victories in workplace safety and fair wages that protect and provide prosperity for countless New York families. I am especially proud, having been a member of DC37 for twenty-eight years, to stand alongside my colleagues in support of ensuring unions continue to play a vital role in building safe workplaces and thriving communities. This May Day, we reaffirm our commitment to the storied legacy of the labor movement, speak out in support of measures that will give unions the tools needed to protect workers, and acknowledge the leadership labor has shown in securing human dignity for workers here in New York and around the world,” said Senator Jesse Hamilton.

“The Right-to-Work movement is spreading nationwide like a cancer, and we must ensure we stop it as it represents a clear threat to organized labor and to basic rights to workers. In total, 28 states have implemented Right-to Work legislation and some form of it is being considered on a federal level. This is why it is crucial we combat head on this movement seeking to destroy the right to organize for better wages and better working conditions. Sadly, Right-to-Work has also depreciated consumer base as a result of people spending less because of lower wages and a lack of healthcare benefits. I applaud Senator Alcantara’s efforts to make it easier for employees to join unions if they choose to. Currently, with the growing presence of the Right-to-Work movement, we need this legislation,” said Senator Jose Peralta.

“The benefits of being a union member make the lives of working New Yorkers substantially better. Their ability to collectively bargain helps ensure that workers are paid fairly and are provided essential benefits. I will continue to fight to protect these important rights for unions in New York,” said Senator Tony Avella.

“Standing up for men and women who provide vital services to make our communities run is a big priority for the remainder of the session.  As they are out doing difficult jobs they must know they have the protections and support that union resources provide their members.  This is a matter of health and safety for thousands of people in New York and I look forward to being able to deliver those protections,” said Senator David Carlucci.

THE SUNY BRONX EDUCATIONAL OPPORTUNITY CENTER AND ELECTED OFFICIALS TO HOST COMMUNITY JOB FAIR

At Least 60 Employers and Vendors with More Than One Thousand Job Seekers Signed To Attend

 In an effort to connect currently unemployed or critically underemployed Bronx residents to available employment opportunities, the SUNY Bronx Educational Opportunity Center in partnership with US Congressmember Jose E. Serrano, State Senator Gustavo Rivera, Assemblymember Luis R. Sepulveda, Assemblymember Michael Blake, and Council Member Vanessa L. Gibson, will host a Community Job Fair on Wednesday, May 3rd from 10:00 AM to 2:00 PM at the SUNY Bronx Educational Opportunity Center's headquarters. 

Participating employers will have the opportunity to meet with a large number of the borough's diverse workforce, conduct face-to-face interviews and identify individuals that are qualified to fill positions in their companies. This fair will offer job seekers employment opportunities in a number of fields, including Healthcare, Direct Support, Technology, Civil Service, Security, Education and more.

As the unemployment rate in the Bronx continues to improve, this job fair intends to connect Bronxites to real employment opportunities that will help them and their communities prosper. 

WHAT: Job Fair - SUNY Bronx Educational Opportunity Center

WHO: SUNY Bronx Educational Opportunity Center

WHEN: Wednesday, May 3, 2017

             10:00 AM - 2:00 PM

WHERE: SUNY Bronx Educational Opportunity Center

               1666 Bathgate Avenue

               Bronx, NY 10457

**Job seekers interested in attending this job fair are encouraged to register to the event by clicking on this link: http://bronxeoc.org/jobfair. This event is open and free to the public**

Dinowitz Holds State Officials Accountable at Nuclear Bailout Hearing

Dinowitz raises concerns over impact to downstate ratepayers, state's process for devising, implementing plan

  In Albany this morning, the Assembly Standing Committees on Corporations, Authorities and Commissions; Consumer Affairs and Protection; Energy; and Environmental Conservation convened a joint public hearing to discuss the Clean Energy Standard established by the Public Service Commission (PSC). The standard, which the PSC approved in 2016, establishes the goal of obtaining 50% of the state's electricity from renewable sources by 2030.

At issue in today's hearing was a component of the standard that would require state utility companies to purchase so-called Zero-Emissions Credits (ZECs) from the New York State Energy Research and Development Authority (NYSERDA), and use them to subsidize four upstate nuclear plants owned by the Exelon Corporation.

Dinowitz has frequently criticized the proposal, contending that the costs, estimated at as much as $7.6 billion over its 12-year lifespan, would disproportionately fall on downstate ratepayers. The Bronx Assemblyman had previously raised these concerns at an earlier joint hearing in March that lawmakers convened, but which PSC officials refused to attend. In a letter to lawmakers following the March hearing, PSC officials both blamed the chairs for failing to provide advance notice of the hearing, and contended that pending lawsuits by environmental groups prevented them from testifying.

With PSC Interim Chair Gregg Sayre and NYSERDA President and CEO John Rhodes both testifying today, Dinowitz took the opportunity to grill the state officials on the issues. Dinowitz began his questions by asking the PSC Chair how the agency calculated its estimates for energy consumer rates.

"Was there a calculation done to estimate energy consumer rates only paid by the service area where the four nuclear plants were located," Dinowitz asked.

"No," responded Sayre. "Benefits from the ZEC program in the form of carbon reduction are statewide and based on benefits per megawatt hour."

DE BLASIO ADMINISTRATION RELEASES DOMESTIC VIOLENCE TASK FORCE REPORT

City will invest $7 million to better apprehend abusers, ensure support for survivors

  Mayor Bill de Blasio and First Lady Chirlane McCray today released the Domestic Violence Task Force Report, recommendations to reduce domestic violence in New York City. The city will invest nearly $7 million to better apprehend abusers as well as ensure support for survivors. Domestic violence crime is rising in New York City: the number of intimate partner homicides rose from 26 in 2015 to 37 in 2016, and the number of domestic violence incident reports rose from 74,684 in 2015 to 91,617 in 2016.

Convened in November 2016, the Task Force was charged with developing a coordinated response to this persistent problem that included both criminal justice and social services intervention.

The summary of recommendations can be read here.

“Domestic violence is disturbingly common, and affects every neighborhood in NYC.  It’s only by confronting this crime that we will end the vicious cycle that perpetuates it,” said Mayor Bill de Blasio. “This report sends a loud and clear message – we will not tolerate domestic violence, survivors have the City’s full support, and abusers must be held accountable. We will do everything we can to ensure that New York City is safer for everyone, everywhere, at all times.”

“There is no simple, one-size-fits-all solution to domestic violence but there are actions we can take to provide pathways to safety for survivors and hold abusers accountable," said First Lady Chirlane McCray, co-chair of the Domestic Violence Task Force and the Commission on Gender Equity. “The new investments we are announcing will help us leverage bold innovations that support families, help them heal, and address root causes of abusive behavior.”

“We believe that these investments will enable us to further reduce crime and violence, particularly with the victims of domestic violence,” said Police Commissioner James P. O’Neill.

 In 2007, 4.8% of all major crimes in the City were related to domestic violence, broadly defined to include offenses involving members of the same family or household as well as those related to intimate partners. By 2016, that percentage had reached 11.6%. Domestic violence now accounts for one in every five homicides—and two in every five reported assaults—citywide.

The Task Force conducted an in-depth review of current City programs and investments to enhance the delivery of social services to victims, evidence gathering and other law enforcement tactics. The new approach focuses on intervening as early as possible, enhancing pathways to safety for survivors and ensuring swift, effective and lasting enforcement to hold abusers accountable. Recommendations include:

• Expanding the Child Trauma Response Teams: Expanding the program to an additional location will provide immediate intervention for more victims of child trauma who have witnessed domestic violence in their homes, which has been shown to reduce the odds of Post-Traumatic Stress Disorder by 65% for children who have witnessed violence.

• Investing in enhanced evidence gathering:  Purchasing state-of-the-art technology, including alternative light source cameras, which can reveal evidence of strangulation often missed by traditional cameras, and mobile evidence gathering technology, which can be a critical source of information in stalking cases. Forensic evidence can help validate a victim’s experience by substantiating abuse in a way that can be used to support criminal prosecution, inform victims of domestic violence of available options, and increase the strength of a criminal case to hold the abuser accountable.

• Expanding the Early Victim Engagement Program: Expanding this early engagement program to an additional two locations will provide critical information to more victims at the time of an offender’s arraignment enhancing safety, access to resources and prosecutions. An evaluation of the EVE program in Brooklyn found that it increased the conviction rate in cases of intimate partner violence prosecuted by 9%, from 23.6% vs. 32.6%.

• Providing Immigrant Legal Services: Linking domestic violence services with immigration legal services to ensure that survivors can seek help without fear or immigration consequences.

Additionally, the strategy devotes resources to the continued work of the NYC Domestic Violence Task Force to improve data collection, integrate domestic violence reduction resources into the ThriveNYC network, and develop additional strategies to prevent domestic violence.

Co-chaired by First Lady Chirlane McCray and NYPD Commissioner James O’Neill, the work of the Task Force is directed by the Director of the Mayor’s Office of Criminal Justice Elizabeth Glazer, and Commissioner of the Mayor’s Office to Combat Domestic Violence, Cecile Noel and Executive Director of the Task Force Bea Hanson. The Task Force is comprised of experts from inside and outside government as well as survivors.  

Director of the Mayor’s Office of Criminal Justice Elizabeth Glazer said, “In a city in which violent crime has fallen by 75 percent in 20 years, domestic violence remains a challenge, accounting for 40 percent of citywide assaults and 20 percent of homicides. The significant investments announced today importantly knit together both sharp crime fighting and evidence-based interventions, an ambidextrous approach that offers the greatest promise of interrupting cycles of violence, implementing smart prevention and ensuring that abusers are held accountable.”

“The work of the NYC Domestic Violence Task Force was accomplished through the unique partnership of government, community-based organizations and survivors,” said Mayor’s Office to Combat Domestic Violence Commissioner Cecile Noel. “These recommendations represent innovative and solutions-based approaches to reducing domestic violence in our City, and are proof of the amazing work that can be done when a multidisciplinary approach is applied to an issue. Through these recommendations, New York City will be able to expand and enhance services for survivors, prevent and intervene in domestic violence incidents earlier, strengthen criminal justice responses, support communities and improve coordination citywide. I am grateful to Mayor de Blasio, First Lady Chirlane McCray, NYPD Commissioner James O’Neill, Task Force Executive Director Bea Hanson and my Task Force co-chair, Liz Glazer, Director of the Mayor’s Office of Criminal Justice, for spearheading this is important endeavor.”

“New York City has a long history of leading the nation in innovative responses to domestic violence, said Bea Hanson, Executive Director of the NYC Domestic Violence Task Force, formerly Acting Director and Principal Deputy Director of the Department of Justice Office on Violence Against Women. “The Task Force expands the ways that communities, the criminal justice system, city agencies, social service organizations, and survivors collaborate. Together, we will educate New Yorkers about the signs of domestic violence; intervene early so that we can stop the escalation of abuse; and improve victim-centered interventions that understand the impact of trauma on the lives of those affected.”

Council Member Andy King Lien Sale Outreach Session on Thursday, May 4

   

  NYC Council Member  Andy King will host an information session about the city’s upcoming tax lien sale on Thursday, May 4, at 6-7 p.m. at the Williamsbridge NAACP Early Childhood Educational Center, 680 East 219^th St., Bronx. The workshop will be conducted by representatives of the New York City Department of Finance, Environmental Protection, and Housing Preservation and Development, who will meet with property owners faced with a lien sale. Properties appearing on the tax lien sale list may be there because of overdue property tax, water or sewer charges. After a certain time, the city sells the tax liens. There are 883 properties within the boundaries of Council Member King’s 12^th District on the 2017 lien-sale list, according to the latest information from the city Department of Finance.

The last day for property owners on the tax lien sale list to pay their debt or enter into a payment agreement is on May 11, 2017.

Anyone unable to attend the information session should call 311 and state that they have a tax lien problem. The call will be transferred directly to the Department of Finance. Bills can also be paid by visiting the Bronx Business Center, 3030 Third Ave., 2nd Floor.