DOI ARRESTS SITE SAFETY REPRESENTATIVE ON A CHARGE OF POSSESSING FRAUDULENT SAFETY CERTIFICATES

  Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”), announced today the arrest of an individual in charge of site safety at the renovation of the New York City Housing Authority’s (“NYCHA”) Fulton Houses Community Center in Manhattan on a charge of possessing fraudulent safety training certificates. This site safety representative is required to hold a 30-hour safety certification issued by training centers approved by the United States Occupational Safety and Health Administration (“OSHA”) and provided to construction workers who successfully complete a comprehensive safety program that provides information on OSHA compliance issues. These Site Safety representatives are responsible for the enforcement of all OSHA and government construction regulations, all NYCHA-approved site safety plans, informing workers of safety deficiencies, and maintaining a log of hazardous materials used at the work site, among other duties. Based on information provided by NYCHA, DOI investigators requested the Site Safety representative produce his OSHA safety credentials and, when he did, DOI investigators determined the certificates were fraudulent. The office of Manhattan District Attorney Cyrus R. Vance, Jr., is prosecuting the case.

  DOI Commissioner Mark G. Peters said, “Individuals overseeing site safety are charged with making sure that construction sites are safe and workers are not injured. This manager, instead, relied upon false documents at a site with multiple other safety problems. Professionals who place construction workers in danger will not be tolerated and will face arrest."

  ANDREAS TSAMOS, 49, of Whitestone, N.Y., was arrested Friday, November 3, 2017, at the construction site and charged with Criminal Possession of a Forged Instrument in the Third Degree, a class A misdemeanor. Upon conviction, a class A misdemeanor is punishable by up to one year’s incarceration. TSAMOS was arraigned on Friday and released on his own recognizance. His next court date is December 5, 2017, in New York County Criminal Court.

  On Thursday, November 2, 2017, DOI investigators found numerous safety problems at NYCHA’s Fulton Houses Community Center in Manhattan, including an emergency fire exit door locked from the outside preventing workers from exiting during an emergency, a fall protection guardrail system missing where work was being done, and a scaffold was installed without any fall protection guardrail system. NYCHA ordered the contractor to correct the safety problems. City Department of Buildings’ inspectors evaluated the site Friday, November 3, 2017, and found no outstanding safety issues.

  According to the criminal complaint, also on Friday, November 3, 2017, DOI investigators asked TSAMOS, who works for Gem Quality Corporation of Brooklyn, to provide his safety credentials. The defendant 2 provided two certificates – one for a 10-hour-approved OSHA course and a second certificate for a 30-hourapproved OSHA course. Both certificates bore the same training completion date and did not indicate the course names. DOI observed that the certificates indicated the defendant took his training courses at “360Training.com”. DOI confirmed with the training company that no individual with the defendant’s name completed training courses on the date of the certificates. Additionally, the training company informed DOI that its certificates bear course names.

TSAMOS was arrested on Friday, November 3, 2017, and removed from the site. NYCHA shut down the site, which remained closed Monday, November 6, 2017, until a new site safety representative is submitted for NYCHA’s approval.

  DOI Commissioner Peters thanked NYCHA Chair and Chief Executive Officer Shola Olatoye and her staff for their cooperation and assistance in this investigation. Commissioner Peters also thanked Manhattan District Attorney Cyrus R. Vance, Jr., and his staff for their assistance on this investigation. 

  The investigation was conducted by DOI’s Office of the Inspector General for NYCHA, specifically Special Investigator/Investigative Auditor David Haynes and Investigative Engineer Kris Kingpayom, under the supervision of Deputy Inspectors General Edward Bradley and Doug Schneider, Inspector General Ralph Iannuzzi, Associate Commissioner James Flaherty, Deputy Commissioner/Chief of Investigations Michael Carroll and First Deputy Commissioner Lesley Brovner. 

A criminal complaint is an accusation. A defendant is presumed innocent until proven guilty.  

DOI FOLLOW-UP INVESTIGATION FINDS INSUFFICIENT INVENTORY CONTROLS OVER LARGE APPLIANCES AT NYCHA FACILITIES

  Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”), announced that an investigation into the New York City Housing Authority’s (“NYCHA”) inventory tracking and controls of large appliances is insufficient and places inventory at risk for theft. DOI undercover investigators entered six NYCHA facilities and removed new and used refrigerators and stoves without being stopped or detected. In each of these instances, subsequent interviews with NYCHA employees revealed that managerial staff was unaware the items had been removed and did not report any appliances as missing. This investigation was a follow-up to DOI’s investigation in 2016 that exposed the problem of large appliance theft from NYCHA facilities, resulting in the arrest of a NYCHA caretaker and the recommendation for NYCHA to perform an inventory review and strengthen controls in tracking and safeguarding large appliances to prevent further theft. A copy of DOI’s Report follows this release and can also be found at the following link: http://www1.nyc.gov/site/doi/newsroom/public-reports.page/

  Commissioner Mark G. Peters said, “At a time when NYCHA faces a severe budget crisis, its failure to safeguard property simply compounds this problem. DOI undercover investigators were able to enter into NYCHA facilities and cart away large appliances, without challenge or notice.”

  DOI first informed NYCHA of breakdowns in its inventory management in July 2016, when it arrested a NYCHA caretaker for stealing three refrigerators from a NYCHA facility, and subsequently discovered that same employee had stolen additional appliances on multiple occasions, including stoves and washing machines, and sold them to an appliance store for cash. That employee pleaded guilty to Petit Larceny and resigned from NYCHA after his arrest. A copy of the press release from the July 2016 arrest can be found at the following link: http://www1.nyc.gov/assets/doi/press-releases/2016/jul/23KenyonAllen07- 22-16.pdf

  In July 2017, DOI began its follow-up investigation and surveyed 19 NYCHA developments, focusing its undercover investigations on six that readily presented security vulnerabilities. Dressed as either NYCHA employees or in plainclothes, DOI undercover investigators went to these six sites to determine whether NYCHA had strengthened its safeguards against large appliance theft, as DOI recommended a year earlier. Investigators easily removed large appliances, including refrigerators and stoves, at these six sites: Pelham Parkway Houses in the Bronx, Wald Houses and Smith Houses in Lower Manhattan, Sheepshead Bay Houses in Brooklyn, Hammel Houses in Queens and Mariner’s Harbor in Staten Island. During follow-up visits to these same sites, storeroom and managerial staff were unaware that any appliances were missing, telling DOI investigators that no appliances were missing from the storerooms, no thefts had occurred, or all appliance stock was accounted for. In one of these developments – the Sheepshead Bay Houses – a week after investigators removed a new stove from the premises, investigators observed that the storeroom remained open and unsecured, and the Assistant Superintendent reported that no appliances were missing or stolen.

  DOI also identified several other vulnerabilities at these NYCHA properties that need to be addressed to further secure appliances at developments, including the inadequate use of CCTV cameras to monitor employee areas like development storerooms, and a lack of routine physical inventory counts by managers to aid in the detection of theft or other losses.

  As a result of this follow up investigation, DOI determined that NYCHA failed to address the vulnerabilities identified in DOI’s 2016 theft investigation. As a result, DOI has made the following recommendations to NYCHA:

 Survey and improve security as needed at development storerooms and supply rooms, including installing self-closing and self-locking doors, alarm systems, electronic-layered access control systems, roll-down gates, and CCTV cameras. 

 Ensure that Housing Managers and Superintendents are practicing appropriate controls over storeroom and supply room keys such that only authorized NYCHA personnel – Housing Managers, Superintendents, Assistant Superintendents, Storeroom Keeper, Supervisor of Housing Caretakers, and Supervising Housing Groundskeeper – have key access. Development staff should be instructed to question unauthorized individuals found in development storerooms and to promptly report any suspicious activity to NYCHA’s Office of the Inspector General.

 Install signage at each storeroom indicating that access is restricted to authorized personnel. 

 Implement policy to track large appliances and other valuable items by manufacturer’s serial numbers via computerized systems, beginning at receipt from the supplier, through storage in storerooms/supply rooms, and following through to installation in individual resident’s apartments.  Enforce NYCHA policies requiring development managers to personally count 100% of all high-value (“Closed Kit”) inventory items each year, and to document and investigate any inventory imbalances.

DOI Commissioner Mark Peters thanks NYCHA Chair and Chief Executive Officer Shola Olatoye and her staff for their cooperation in this investigation.

  The investigation was conducted by DOI’s Office of the Inspector General for NYCHA, specifically Deputy Inspector General Osa Omoigui and Confidential Investigator Alfred Carletta, under the supervision of First Deputy Inspector General Pamela Sah, Inspector General Ralph Iannuzzi, Associate Commissioner James Flaherty, Deputy Commissioner/Chief of Investigations Michael Carroll and First Deputy Commissioner Lesley Brovner. 

A.G. Schneiderman Announces Election Day Hotline To Protect Voter Access During November General Election

Voters Experiencing Problems Can Call 800-771-7755 Or Email civil.rights@ag.ny.gov Between 6AM And 9PM On Election Day

Attorney General’s Hotline Troubleshoots A Range Of Election Day Issues

 Attorney General Eric T. Schneiderman announced his office’s Election Day Hotline, which will help troubleshoot and resolve a range of issues encountered by voters at the polls during the general election on Tuesday, November 7. The Attorney General urges voters experiencing problems or issues at the polls to call the office’s hotline at 800-771-7755 or email civil.rights@ag.ny.gov at any time between 6:00 AM and 9:00 PM on Tuesday. The hotline will be staffed by attorneys and staff in the Attorney General’s Civil Rights Bureau.

“The right to vote is central to our democracy – and all eligible voters deserve equal access at the polls,” Attorney General Schneiderman said. “I urge all New Yorkers to immediately contact my office if they encounter any barriers to voting.”

All registered New Yorkers are eligible to vote in the upcoming General Election, regardless of party affiliation. Voters can check their registration status here. Voters registered in New York City trying to find their poll site, click here. Voters registered outside New York City trying to find their poll site, click here. 

Every poll site in the state will be open from 6 AM until 9 PM. 

Attorney General Schneiderman has operated the voter access hotline since November 2012. During previous elections, the office fielded hundreds of complaints from voters across the state and worked with local election officials and others to address issues. The Election Day hotline is part of Attorney General Schneiderman's ongoing effort to reduce barriers to voting.

Attorney General Schneiderman also reminds all registered voters that they have the right to accessible elections. In addition, all registered voters have the right to vote free from coercion or intimidation, whether by election officials or any other person.

The office will receive and respond to election-related complaints relating to any of the statutes that the office enforces. The Attorney General’s Election Day Hotline is being coordinated by Assistant Attorneys General Ajay Saini and Diane Lucas of the Civil Rights Bureau, led by Bureau Chief Lourdes Rosado. The Social Justice Division is led by Executive Deputy Attorney General Alvin Bragg.

A.G. Schneiderman Announces Multistate Settlement Dissolving Deceptive Veterans Charity

VietNow National Headquarters, Inc Used Deceptive Telemarketing Solicitations Falsely Claiming The Charity Funded Services, Medical Facilities, And Treatment For Veterans – But Less Than 5% of Donations Went To Any Charitable Programs 

Settlement Dissolves Shell Charity, Secures Injunctive Relief, Transfers Remaining Funds to Legitimate Veterans Charities

Settlement Is Part Of AG Schneiderman’s Operation Bottomfeeder, Targeting Shell Charities That Exploit Popular Causes To Line Fundraisers’ Pockets

  Attorney General Eric T. Schneiderman today announced a multistate settlement that dissolves VietNow National Headquarters, Inc., an Illinois nonprofit corporation that used deceptive telemarketing solicitations falsely claiming that the charity was funding veterans services, medical facilities, and treatment in donors’ states, including New York. In fact, less than five percent of funds raised went to any charitable programs.

The settlement, joined by 24 states, requires the appointment of a receiver to dissolve VietNow. The settlement also obtains injunctive relief against VietNow’s directors and officers and requires their cooperation in investigations of VietNow’s professional fundraisers. Upon dissolution, VietNow’s remaining funds will be paid to two national and well-respected veterans charities, Fisher House Foundation and Operation Homefront.

“With so many New York veterans in real need, it’s galling that a so-called charity would pretend to help them in an effort to line their own pockets,” said Attorney General Schneiderman. “Operation Bottomfeeder should serve as a warning to the scammers who seek to exploit veterans, cancer patients, and other causes to make a quick buck: we will stop you. I urge all New Yorkers to give, but give wisely, by following our tips.”

• VietNow and its officers and directors are permanently removed from controlling VietNow and a receiver is appointed to administer and dissolve VietNow.
• VietNow is permanently enjoined from soliciting contributions from the public.
• Defendants are required to cooperate with the receiver, and with all interested states in any present or future investigation of any professional fundraisers for VietNow during the period in question.
• VietNow’s controlling officers or directors are permanently enjoined from serving as charitable fiduciaries or acting as professional fundraisers.
• Upon dissolution of VietNow, the receiver will pay remaining funds to two highly-rated national veterans charities, Fisher House Foundation and Operation Homefront. VietNow’s assets as of May 2017 totaled approximately $545,000.

Today’s settlement was filed by a total of 24 states, led by Michigan, Illinois, California, and Ohio, and joined by New York, Connecticut, Hawaii, Iowa, Kansas, Kentucky, Maine, Maryland, Minnestoa, Missouri, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, South Carolina, Tennessee, Virginia, and Wisconsin.

This settlement is part of Attorney General Schneiderman’s Operation Bottomfeeder, an ongoing effort that targets a pervasive business model of shell charities that exploit popular causes, the professional fundraisers who take the lion’s share of donations and make misrepresentations, and other entities who facilitate the abuses. Prior Operation Bottomfeeder investgations and settlements include the National Vietnam Veterans Foundation (whose president and founder was sentenced to jail last month) and the Breast Cancer Survivors Foundation.

Attorney General Schneiderman’s Charities Bureau releases an annual “Pennies for Charities” report, revealing how charitable donations obtained by many professional fundraisers are largely spent on fundraising and administrative expenses, with only a small fraction left for charitable work. The latest Pennies for Charities report may be accessed here.

Attorney General Schneiderman encourages all New Yorkers to follow his Tips for Charitable Giving, available here.

BRONX MAN WHO SET FIRE TO CAFÉ ON MOTHER’S DAY SENTENCED TO SIX YEARS IN PRISON; PLEADS GUILTY TO ARSON

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man pleaded guilty and will be sentenced to six years in prison for setting fire to a café while multiple customers were inside. 

  District Attorney Clark said, “This senseless crime, spurred by petty anger, had the potential to seriously harm many people. Fortunately, an alert FDNY EMS worker noticed the fire, saving many lives. The defendant will now spend six years in prison for his recklessness.” 

  District Attorney Clark said the defendant, Robert McCurdy, 49, of Tryon Ave., pleaded guilty today before Bronx Supreme Court Justice Steven Barrett to second-degree Arson, a felony. As part of the plea agreement, McCurdy will be sentenced on Dec. 1, 2017 to six years in prison followed by five years post-release supervision. He was remanded.

  According to the investigation, on May 8, 2016, McCurdy was asked to leave a Woodlawn café when an argument ensued. The defendant returned and poured gasoline on the building and the sidewalk and proceeded to light a match while the establishment was occupied by several people. A nearby Fire Department official noticed the blaze and alerted authorities, who were able to douse the flames before anyone was hurt. The fire left scorch marks and caused damage to a window.

District Attorney Clark thanked FDNY Fire Marshal Stephen Bumb for his assistance in the case.

NEW CITY ADS COMING TO SUBWAYS, BUSES TO DISCOURAGE WILDLIFE FEEDING

NYC Parks wants New Yorkers to know that sharing is not caring

  Mayor Bill de Blasio today announced a new phase of WildlifeNYC – a campaign launched last October to teach New Yorkers how to live responsibly alongside the wild animals that inhabit the city. The citywide campaign will now focus on a specific action: “Please don’t feed NYC’s wildlife.” Starting today, new ads will be visible on buses, subways, phone kiosks and street pole banners in all five boroughs. The ads will feature mallards, deer, raccoons, coyotes and red-tailed hawks.

“In order to coexist peacefully and responsibly with our city’s wildlife, it’s important not to feed animals. This new campaign will make sure New Yorkers get the message – and learn more about living alongside our urban wildlife,” said Mayor Bill de Blasio.

“Most people think they’re doing a good deed by feeding ducks and other wild animals,” said NYC Parks Commissioner Mitchell J. Silver, FAICP. “But if you share your food with them, they’ll lose their natural hunting instincts. Some of these animals have mastered the art of begging, but they are resourceful New Yorkers and have access to plenty of nutritious food in our city and parks.”

The WildlifeNYC website provides guidelines for safely coexisting with raccoons, coyotes, piping plovers, red-tailed hawks, waterfowl and deer, as well as fun facts, information about animal behavior and background on how the City is helping to manage and care for these populations. As part of the campaign, New Yorkers can report their interesting wildlife sightings through a web portal on the WildlifeNYC, to help us learn more about the wildlife that call NYC home.

One of WildlifeNYC’s core initiatives is the City’s deer management program on Staten Island. NYC Parks estimates there are about 2,000 deer on Staten Island, causing vehicle collisions and damaging trees and native plants. The City has developed a multi-pronged plan to address these negative impacts, including traffic safety measures and the humane sterilization of male deer. To date, more than 1,000 males have been sterilized.

To learn more about WildlifeNYC, visit nyc.gov/wildlife.

What You Should Know By Senator Rev Rubén Díaz 32nd Senatorial District

Greater love has no one than this: to lay down one's life for one's friends 

You should know that during a Christian worship service located in a small rural town in Texas, the Christian Community tragically lost 26 innocent lives at the hands of an armed violent man (Devin Patrick Kelley).  The victims ranged in ages 5 to 75. 

As a Pastor myself,  I cannot imagine the pain of this pastor had lost his 14-year-old daughter and so many members of his congregation.   I cannot even begin to understand the level of pain of the victim's families.   My heart goes out to them, and I extend my deepest sympathies and prayers to all who were affected by this needless tragedy. 

You should also know that according to news reports many more lives would have been lost if not for an armed Good Samaritan who heard the shots at the church and sprung into action to stop the gunman.   

According to The Daily Mail,  other news outlets, and confirmed by Texas Governor Greg Abbott the good Samaritan, Stephen Willeford, immediately grabbed his rifle and shot at the gunman causing him to drop his weapon.   The gunman jumped into his vehicle and speed off.   

The Good Samaritan, Mr. Willeford gave chase by stopping a passing vehicle.  He told the driver what had just happened and the driver, another Good Samaritan (Johnnie Langendoff) with Mr. Willeford chased the gunman until the gunman lost control of his vehicle, crashing into a ditch.  The gunman was dead on the scene.

According to Governor Abbott the gunman may have died as a result of the actions taken by this Good Samaritan.     

Evil in this world does exist, but our faith in God grows ever stronger when we see the good and selfless actions as demonstrated by these two heroes.   

Both the armed Good Samaritan, Mr. Stephen Willeford and the driver, Mr. Johnnie Langendoff, deserve high praise for their heroic actions.   They risked their own lives to stop this mad man.   

Incidents like this one and good samaritan like Mr. Willeford, make me realize that sometimes it’s good for a decent and an honest person to be allowed to carry firearms. 

This is Senator Rev. Ruben Diaz and this is what you should know. 

   

PAID SAFE LEAVE: NEW YORK CITY EXPANDS PAID LEAVE TO DOMESTIC VIOLENCE, SEXUAL ASSAULT, STALKING AND TRAFFICKING SURVIVORS

  Mayor de Blasio today signed Intro. 1313-A that expands paid leave to domestic violence, sexual assault, stalking and trafficking survivors. This new law will allow the nearly 3 million New Yorkers eligible for paid leave to attend to immediate safety needs without fear of penalty or loss of income. The bill was introduced by the Mayor, First Lady McCray and Council Member Julissa Ferraras-Copeland in October 2016. 

“No New Yorker should ever have to decide between their safety and a paycheck,” said Mayor Bill de Blasio. “This new law will make it easier for survivors to get the care they need without jeopardizing their livelihood. I want to thank the First Lady, Speaker Mark-Viverito and Council Member Ferraras-Copeland for championing this cause, and fighting to bring an end to the pernicious cycle of domestic abuse.”

"Individuals experiencing intimate partner abuse should not be forced to choose between earning a living and keeping themselves and their children safe. They need the time and space to consult police or prosecutors, seek medical attention or relocate to another neighborhood. I'm proud to stand alongside Mayor de Blasio to make Paid Safe Leave a reality in New York City so survivors can access the services they desperately need without fear of losing their job,” said First Lady Chirlane McCray, Co-Chair of the Commission on Gender Equity.

“No one should have to choose between their safety or their employment," said Speaker Mark-Viverito."Providing New Yorkers with paid safe leave will help ensure that domestic violence survivors can get the help they need without fear of retribution. I thank Council Member Julissa Ferreras-Copeland for her leadership on this critical issue and the Administration on their continued partnership as we work to make our City safer and more just for all New Yorkers."

  Intro. 1313-A, which takes effect 180 days after signing, expands New York City’s Paid Sick Leave law to allow workers to use paid leave to address safety and access critical services related to specified criminal offenses.  This bill does not add to the total amount of leave, no less than 40 hours per year, that workers can take – instead it adds reasons for using the leave to allow a survivor of domestic violence, sexual assault, trafficking or stalking to take time off of work in order to plan their immediate next steps and focus on safety, without fearing a loss of income.  NYC is the first city to pass paid safe leave legislation that includes survivors of human trafficking in addition to domestic violence, sexual abuse, and stalking.  Workers who have been the victims of these offenses – or family members who need to assist them – can use Paid Sick or Safe Leave to care for their needs, whether physical, psychological, financial or otherwise. Examples of uses that will be allowed under this bill include: meeting with and safety planning with a social worker/advocate, meeting with a civil legal attorney, filing a police report, meeting with the District Attorney’s Office, attending a court appearance, an appointment with a financial counselor, moving into safe housing, and others. The bill also expands the definition of family member for all uses of paid time, Sick or Safe, under the law to recognize chosen families, not just biological ones.

The Department of Consumer Affairs has enforced the Paid Sick Leave Law since it took effect in 2014; now DCA’s Office of Labor Policy & Standards will continue its enforcement work of the amended law that includes the new SAFE leave uses, and the expanded definition of family member. If employers violate the Paid Sick or Safe Leave law, DCA-OLPS can require them to provide restitution to workers and pay civil penalties. DCA-OLPS will collaborate with the Mayor’s Office to Combat Domestic Violence, as well as community partners, to conduct outreach and education to inform the public of these amendments. Understanding the complexity of the challenges domestic violence survivors already face, we want to ensure that survivors know their rights under this new law, and are able fully to take advantage of them.

 In 2014, Mayor de Blasio signed legislation expanding Paid Sick Leave to half a million more New Yorkers, ensuring that employees who work in NYC for more than 80 hours a year can earn up to 40 hours of sick leave each year to care for themselves or a family member.

Across the country, cities have struggled to effectively reduce rates of domestic violence. In New York City, where crime is at historic lows, domestic violence persists. The de Blasio Administration is investing $11 million to reduce domestic violence by increasing early intervention, expanding services for survivors and better holding abusers accountable. These recommendations were developed by the Domestic Violence Task Force, which the Mayor and First Lady convened in 2016.