MAYOR DE BLASIO ANNOUNCES DR. OXIRIS BARBOT AS CITY’S HEALTH COMMISSIONER

  Mayor Bill de Blasio announced today the appointment of Dr. Oxiris Barbot as Commissioner of the City’s Department of Health and Mental Hygiene. In this role, she will lead the 6,000-member agency charged with protecting and promoting the health of New Yorkers in one of the largest and oldest public health agencies in the world. As Health Commissioner, Dr. Barbot will double down on the agency’s commitment to achieving health equity, battling the opioid epidemic, and raising awareness about mental health as part of New Yorkers’ overall wellness. She will become the first Latina to lead the agency.

“As a native New Yorker, Dr. Barbot understands that improving the health of our city starts with keeping health equity at the center of our work,” said Mayor Bill de Blasio. “Her extraordinary experience will be invaluable as we continue making New Yorkers the healthiest they can be, both physically and mentally.”

“Dr. Barbot has dedicated her life to eliminating disparities and injustices in health care,” saidFirst Lady Chirlane McCray. “I am proud to welcome a public servant so deeply committed to ensuring that the WHOLE patient is treated —mind and body. Dr. Barbot has a notable range and quality of experiences.  From running a federally qualified clinic in D.C. to leading the City's response to Hurricane Maria in Puerto Rico, her work has been impressive. New York City is fortunate to have such an exceptional new Health Commissioner.”

“New York City needs a strong and experienced manager to lead our Health Department and I am extremely pleased to see Dr. Barbot take on that role,” said New York City Deputy Mayor for Health and Human Services Dr. Herminia Palacio. “As a pediatrician and public health expert, Dr Barbot brings the right set of skills at the right time. She is extremely talented and I forward to working with her on this role to continue to protect the health of all New Yorkers.”

“I thank Mayor de Blasio for his trust as he appoints me Commissioner of Health,” said Health Commissioner Dr. Oxiris Barbot. “My 25 years in clinical medicine and public health have been guided by a commitment to equity, community engagement and innovation, as well as a track record of incorporating mental health into my clinical and public health practice.  Those priorities will continue to be a focus as I work to address reducing racially-based inequities within the most pressing health issues facing our City – opioid overdose deaths, the HIV epidemic and maternal/child health outcomes. I look forward to working with all of our city partners to achieve these goals.”

A native Bronxite, Dr. Barbot most recently served as Acting Health Commissioner. During that time, she’s overseen the roll out of the Bronx Action plan, an $8 million initiative to tackle the opioid epidemic in the South Bronx. She also announced NYC’s Standards for Respectful Care at Birth, which aims to improve health outcomes for women and reduce structural racism and unconscious bias at all 38 City maternity hospitals, clinical providers, and more than 100 community-based organizations.

Prior to serving as Acting Health Commissioner, Dr. Barbot served as First Deputy Health Commissioner, a role she began in 2014. In that role, she led the agency’s blueprint for achieving health equity, Take Care New York 2020, and led the agency’s efforts to bridge the gap between public health and health care delivery. She also guided the emergency preparedness response, healthcare systems analysis, and performance measurement for the nation’s largest health department. Dr. Barbot was also a strong supporter of the launch of Latinx Thrive, an effort by ThriveNYC advocacy organizations and elected officials to promote mental health literacy in the Latino community and connect individuals and families to Thrive services. 

Dr. Barbot first joined the City’s Department of Health and Mental Services in 2003, serving as Medical Director for the New York City Public School System. During that time, she developed an electronic health record that improved the efficiency of delivering health services to more than one million school children. She served in that role for seven years, before going to Baltimore to take the role of Health Commissioner.

About Oxiris Barbot

Dr. Barbot is an innovative pediatrician and public health influencer with over 20 years of experience in advancing equity and providing care to urban communities. Prior to returning to New York City, Dr. Barbot served as Baltimore’s City Health Commissioner from 2010 to 2014. Under her leadership, Baltimore launched Healthy Baltimore 2015, a comprehensive health policy agenda focused on improving health outcomes and addressing social determinants. While in Baltimore, Dr. Barbot focused on violence as a public health issue and introduced a health-in-all-policies approach to city government. She also served as Chief of Pediatrics and Community Medicine at Unity Health Care, Inc., a federally qualified health center in Washington, D.C. There, she gained firsthand knowledge of the importance of addressing underlying social determinants of health for communities challenged by both current and historic injustices.

A Bronx native, Dr. Barbot received a bachelor’s degree from Yale University and a medical degree from the University of Medicine and Dentistry of New Jersey. She completed her pediatric residency at George Washington University’s Children’s National Medical Center. Dr. Barbot is a nationally recognized expert on Latino health and regularly appears on national media outlets such as Telemundo and Univision. She’s been a proud member of National Hispanic Medical Association for over 20 years.

NYC COUNCIL TO VOTE ON REPRODUCTIVE RIGHTS BILL

  On Thursday, November 20, the New York City Council will vote on the 'NYC Boss Bill.' 

The NYC Boss Bill, Intro 863-A, similar to the 'Boss Bill' currently before the New York State Legislature,  would help ensure that New Yorkers can access medical procedures and medicine related to reproductive health without fear of discrimination or discriminatory harassment, achieved by expanding the NYC Human Rights Law. 

The bill would prohibit discrimination in employment, and discriminatory harassment or violence, based on an individual’s sexual and reproductive health decisions. Sexual and reproductive health decisions would be defined to include any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions. Such services include, but are not limited to, fertility-related medical procedures, sexually transmitted disease prevention, testing, and treatment, and family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion.

Council Member Jumaane D. Williams is the prime sponsor of this bill, and it has twenty-nine co-sponsors (not counting the Public Advocate). Intro 863-A, was brought before the City Council on April 25, 2018, and referred to the Committee on Civil and Human Rights the same day. A hearing was held on December 18, 2018 when Intro 863-A was amended at the committee level, and passed by the committee to appear before the full board on December 20, 2018. Passage of Intro 863-A is expected by the council.

A.G. Underwood, Comptroller DiNapoli, And DOI Commissioner Garnett Announce Indictment Of Former Non-Profit Director Anna Mendez

Mendez Allegedly Stole Over $50,000 from Bronx Non-Profit and Falsified Business Records to Conceal the Theft

  Attorney General Barbara D. Underwood, Comptroller Thomas P. DiNapoli, and New York City Department of Investigation Commissioner Margaret Garnett today announced the indictment of former  Program Director Anna Mendez on one count of Grand Larceny in the Second Degree, a class C felony, and ten counts of Falsifying Business Records in the First Degree, a class D felony, in Bronx County Supreme Court.

“As we allege, the defendant stole tens of thousands of dollars that was intended to help children – and then used those funds to serve herself and local politicians through illegal straw donations,” said Attorney General Underwood. “Non-profit directors have a fundamental responsibility to their organizations and the people they serve. We will hold accountable anyone whotries to exploit New Yorkers.”

“For years, Ms. Mendez allegedly exploited her position to steal money meant to help children and families and used it for her own personal use,” said State Comptroller Thomas P. DiNapoli. “Now, thanks to my partnership with Attorney General Underwood and the New York City Department of Investigation, she will face the consequences of her actions. I thank the Attorney General and Department of Investigation for their continued collaboration in combating fraud.”

DOI Commissioner Margaret Garnett said, “This defendant embezzled tens of thousands of dollars from a day care in the Bronx, using the proceeds of her crime for personal use and for straw donations to local politicians, according to the charges. Fraud at nonprofits can hurt some of the most vulnerable in our City, in this case working families in the Bronx who struggle to find childcare. DOI was gratified to perform financial analysis on this investigation and work with the state Attorney General’s Office and the state Comptroller’s Office on this important case.”

Mendez allegedly collected money from the parents of families using the day care services at the 1984 Daly Avenue location of Tremont Crotona, Inc., which were stored in a safe in her office. Mendez is charged with taking at least $50,000 from the safe over an approximately three-year period for her personal use and to make straw donations to New York politicians. She is also charged with keeping the records of the stolen parent fees separate from the rest of the parent fee money that was collected, and of failing to report the receipt of that money to Tremont Crotona, Inc. so management would not notice her theft.

The charges are merely accusations and the defendant is presumed innocent unless and until proven guilty in a court of law.

Since 2011, the Attorney General and State Comptroller have worked together to fight corruption through their Joint Task Force on Public Integrity. They have brought charges against dozens of individuals implicated in public corruption schemes around the state – resulting in the return of over $11 million in restitution to taxpayers through these convictions.

A.G. Underwood Announces Record $174.2 Million Consumer Fraud Settlement With Charter For Defrauding Internet Subscribers

Settlement Includes Largest-Ever Consumer Payout by Internet Service Provider in U.S. History

As Part of Settlement, Charter Required to Implement Major Precedent-Setting Marketing and Business Practice Reforms; Charter has also Made Substantial Network Enhancements Following AG Investigation

NY Consumers to Receive $62.5 Million in Direct Refunds, Plus Over $100 Million in Premium Channels and Streaming Services  

  Attorney General Barbara D. Underwood announced a record $174.2 million consumer fraud settlement with Charter Communications, Inc. and Spectrum Management Holding Company (together “Charter”) for defrauding internet subscribers. The $62.5 million in direct refunds to consumers alone are believed to represent the largest-ever payout to consumers by an internet service provider (ISP) in U.S. history.

The landmark agreement settles a consumer fraud action alleging that the state’s largest ISP, which operated initially as Time Warner Cable and later under Charter’s Spectrum brand name, denied customers the reliable and fast internet service it had promised. This is the first settlement to result from the Attorney General’s major investigation of broadband internet service in New York.

“This settlement should serve as a wakeup call to any company serving New York consumers: fulfill your promises, or pay the price,” said Attorney General Underwood. “Not only is this the largest-ever consumer payout by an internet service provider, returning tens of millions of dollars to New Yorkers who were ripped off and providing additional streaming and premium channels as restitution – but it also sets a new standard for how internet providers should fairly market their services.”

The settlement includes direct restitution of $62.5 million for over 700,000 active subscribers, who will each receive between $75 and $150, as well as streaming services and premium channels, with a retail value of over $100 million, at no charge for approximately 2.2 million active subscribers.

Additionally, under the settlement, Charter is required to implement a series of precedent-setting marketing and business reforms, including the requirement to describe internet speeds as “wired” and to substantiate them through regular speed testing. These reforms set the stage for major marketing and business reforms across the broadband industry. Following the Attorney General’s investigation, Charter has also made substantial network enhancements to improve its internet service in New York.

Attorney General’s Lawsuit 

In 2017, the Attorney General’s office filed a detailed complaint in New York State Supreme Court, alleging that Charter had failed to deliver the internet speed or reliability it had promised subscribers in several respects. That includes leasing deficient modems and wireless routers to subscribers – equipment that did not deliver the internet speeds they had paid for; aggressively marketing, and charging more for, headline download speeds of 100, 200, and 300 Mbps while failing to maintain enough network capacity to reliably deliver those speeds to subscribers; guaranteeing that subscribers would enjoy seamless access to their chosen internet content while engaging in hardball tactics with Netflix and other popular third-party content providers that, at various times, ensured that subscribers would suffer through frozen screens, extended buffering, and reduced picture quality; and representing internet speeds as equally available, whether connecting over a wired or WiFi connection – even though, in real-world use, internet speeds are routinely slower via WiFi connection.

The Attorney General’s office prevailed at every major stage of the court proceedings. After Charter sought to move the case to federal court, the Attorney General’s office won a federal court decision returning it to state court. Charter then moved to dismiss the action on various grounds, including federal preemption; the Attorney General’s office successfully opposed that motion, which the trial court denied in full. When Charter appealed parts of that ruling, the Attorney General’s office prevailed again at the Appellate Division. 

Record Settlement Agreement 

As part of today’s settlement, Charter agrees to a financial settlement of $62.5 million in refunds plus streaming services and premium channels to subscribers with a retail value of over $100 million. The direct customer refunds alone are believed to constitute the largest consumer relief payout ever paid by an ISP in U.S. history. The direct restitution serves to compensate subscribers who Charter equipped with outdated modems and routers and with premium speed plans that consistently failed to deliver the advertised speeds. The streaming benefits serve to compensate subscribers for Charter’s historic failures to faithfully deliver third-party internet content that it had advertised.

Charter is also required to implement a series of precedent-setting marketing and business reforms, establishing a new model for the broadband industry.

The key financial terms of the agreement and the marketing and business reforms are set out below.

Financial Terms

1) Consumer Relief (Direct Refunds): $62.5 million

a. Charter to award a $75 refund to each of over 700,000 active subscribers based on: 

(1) Leasing an inadequate modem; 

(2) Leasing an inadequate WiFi router; OR

(3) Subscribing to a Time Warner Cable legacy speed plan of 100 Mbps or higher.

b. Charter to award an additional $75 refund to each of over approximately 150,000 subscribers who had an inadequate modem for 24 months or more.

Charter will notify subscribers of their eligibility for refunds and disburse them within 120 days. 

Note: Charter has already disbursed over $6 million in refunds for inadequate modems to date, separate from today’s settlement. Because these subscribers received full compensation, they are ineligible for a further payment. 

2) Consumer Relief (In-Kind Video and Streaming Benefit): Worth over $100 million

In addition to the direct refunds detailed above, Charter will offer free streaming services to approximately 2.2 million active internet subscribers:

a. Charter will offer all subscribers currently receiving internet and cable television from the company a choice of either three free months of HBO or six free months of Showtime. (Note: This benefit is available to subscribers who do not already subscribe to both of the offered networks through Charter.)

b. All other active Charter internet subscribers will receive a free month of Charter’s Spectrum TV Choice streaming service—in which subscribers can access broadcast television and a choice of 10 pay TV networks—as well as a free month of Showtime.

Charter will notify subscribers of their eligibility for video and streaming services and provide details for accessing them within 120 days of the settlement.

Receiving the video and streaming services as restitution will not affect eligibility for future promotional pricing.

3) Substantial Network Investments

Following the Attorney General’s investigation, Charter made significant investments to address the problems identified in the complaint and improve internet service in New York. This includes network enhancements, modem replacements, and upgraded WiFi routers.

Marketing and Business Reforms

The settlement also includes the follow key injunctive terms:

1) Affirmative Advertising Obligations: Charter is required to (a) describe internet speeds as “wired”; (b) disclose that wireless speeds may vary; and (c) disclose the factors that might lead actual experience to vary, including based on the number of users and device limitations. This applies to all advertising and marketing of speeds, including television and other commercials, website and website communications, print ads, bill inserts, emails, and more.

2) Substantiating Internet Speeds: Charter must substantiate internet speeds using an industry-accepted testing methodology, and discontinue any speed plan that cannot be substantiated.

3) Advertising prohibitions: Charter is prohibited from making unsubstantiated claims about (a) the speed required for particular internet activities like streaming; (b) the reliability of the internet service (e.g., no buffering, no slowdowns); or (c) the availability of the promised speed over WiFi.

Charter is also prohibited from describing internet speeds as “consistent” without fully satisfying the FCC Consistent Speed Metric and must make commercially reasonable efforts to deliver access to all online content and services featured in its advertisements. 

4) Equipment Reforms: Charter is required to: (a) provide subscribers with equipment capable of delivering the advertised speed under typical network conditions when they commence service; (b) promptly offer to ship or install free replacements to all subscribers with inadequate equipment via at least three different contact methods; and (c) implement rules to prevent subscribers from initiating or upgrading service without proper equipment for the chosen speed tiers. 

5) Sales and Customer Service Training: Charter must train customer service representations and other employees to inform subscribers about the factors that affect internet speeds. Charter must also maintain a video on its website to educate subscribers about various factors limiting internet speeds over WiFi.

A.G. Underwood And DOI Commissioner Garnett Announce Arrest Of DEP Inspector Who Accepted Bribes From Asbestos Abatement Contractor

Defendant Allegedly Accepted Cash Bribes in Exchange for Benefits to Contractor, Jeopardizing New Yorkers’ Health and Safety 

  New York Attorney General Barbara D. Underwood and New York City Department of Investigation (DOI) Commissioner Margaret Garnett announced the arrest of Samuel Nebedum, 66, an Inspector with the New York City Department of Environmental Protection (DEP), on charges of Bribe Receiving in the Second Degree, a Class C felony, and Official Misconduct, an A misdemeanor. If convicted of the class C felony, the defendant faces up to fifteen years in state prison.

Nebedum allegedly engaged in a long-term bribery relationship with an asbestos abatement contractor, wherein he accepted cash bribes, meals, and fish in exchange for providing various benefits to the contractor, including intentionally overlooking violations at the contractor’s worksites and the referral of additional abatement business. The joint Attorney General and DOI investigation revealed that this arrangement has allegedly gone on for over ten years and put the health and safety of workers and New York City residents at risk.

“As we allege, the defendant abused his position by shamelessly accepting bribes – not only violating the public trust, but also jeopardizing New Yorkers’ health and safety,” said Attorney General Underwood. “New Yorkers rely on public servants to do their jobs and keep us safe, and my office has not hesitated to take on those who breach this most fundamental duty.” 

DOI Commissioner Garnett said, “For nearly 10 years this City Inspector allegedly cashed in his integrity, disregarding serious safety concerns in exchange for thousands of dollars in bribes, expensive fresh-caught fish, and free meals. This defendant had a duty to protect workers and the public; instead, according to the charges, he put their health at risk, failing to stop the dangerous and improper removal of asbestos. DOI and its partners, including the New York State Attorney General and the DEP, have sought to protect workers and New Yorkers across the City from hazardous and illegal asbestos abatement and removal and will continue to pursue public employees whose violation of the law endangers the community.”

According to the felony complaint filed today in Queens County Supreme Court, Nebedum has been an Inspector with the DEP since May 29, 1990, and during the course of his employment allegedly accepted over $10,000.00 in bribes from a contractor during that time. The complaint alleges that in exchange for these bribes, Nebedum used his position as an Inspector to give advance notice prior to official DEP inspections taking place at this contractor’s jobsites, ignored asbestos removal violations at this contractor’s jobsites, and referred additional business to the contractor, which stemmed from his official jobsite visits, all in violation of DEP policy.

The DEP is the primary City agency responsible for the regulation of the asbestos abatement industry. Proper abatement procedures involve requiring all workers at a jobsite to wear Personal Protective Equipment, which includes a protective mask and hazmat suit; wetting down all asbestos containing material (“ACM”) when removed, so as to prevent asbestos from becoming airborne; the setting up of a proper decontamination unit with proper air-monitoring equipment, to ensure the work area does not have air containing ACM escaping; and the dumping of materials containing ACM at designated disposal facilities. As set forth in the felony complaint, the Attorney General and DOI allege that Nebedum ignored these regulations during the course of this bribery scheme, putting the health of many workers and City residents at risk for inhaling and ingesting asbestos. Asbestos is a naturally occurring mineral that is hazardous to human health and is known to cause a type of cancer known as mesothelioma.

Nebedum was arraigned today in Queens Criminal Court before the Honorable Judge Jerry Iannece and released on his own recognizance. The case was adjourned to January 11, 2019.

The charges are merely accusations and the defendant is presumed innocent unless and until proven guilty in a court of law.

Attorney General Underwood and DOI Commissioner Garnett would like to thank the New York City Department of Environmental Protection for their assistance during this investigation. Attorney General Underwood and DOI Commissioner Garnett also would also like to thank the New York State Department of Environmental Conservation’s (DEC) Bureau of Environmental Crimes Investigation for their support.

FIVE YOUTHS INDICTED FOR FELONY ASSAULTS ON NYC DEPARTMENT OF CORRECTION OFFICERS AT HORIZON JUVENILE CENTER

A Sixth Is Charged with Obstructing Governmental Administration

 Bronx District Attorney Darcel D. Clark today announced that five youths have been indicted in four assaults on NYC Department of Correction Officers at Horizon Juvenile Center in the Bronx during October 2018, after they were transferred there from Rikers Island. 

 District Attorney Clark said, “The defendants, while incarcerated at Horizon Juvenile Center, allegedly attacked Correction Officers during four separate incidents. In one incident, an officer’s nose was fractured and in another, an officer was punched, lost consciousness and suffered a concussion. Violence will not be tolerated in any jail or detention facility.” 

 District Attorney Clark said the defendants were arraigned today before Bronx Supreme Court Justice Robert Neary. They were charged with varying degrees of Assault in four indictments. Three defendants are charged with Attempted Gang Assault in the first degree; if convicted they could face up to 15 years in prison.

 The defendants are due back in court in February and March 2019.

 According to an indictment, on October 3, 2018, defendant Zahkari Bennett, 17, allegedly struck an officer numerous times with a closed fist, causing him to lose consciousness and fall, hitting his head and body on a table and chair. Bennett is charged with second-degree and thirddegree Assault and Obstructing Governmental Administration.

 According to an indictment, on October 4, 2018, defendant Jaheem Ware, 17, allegedly picked up a garbage can and attempted to throw it inside a housing area, but officers stopped him. As they were restraining Ware, defendant Rennie Patterson, 17, came up behind an officer and allegedly punched him in the head twice. Patterson is charged with second-degree and thirddegree Assault and second-degree Obstructing Governmental Administration. Ware is charged with second-degree Obstructing Governmental Administration and third-degree Menacing.

 According to an indictment, on October 27, 2018, defendants Juneal Jackson, 18, Alfred Burns, 17 and Rennie Patterson, 17, allegedly punched an officer multiple times, and then broke broom handles and struck the officer with them. They are charged with Attempted Gang Assault first-degree, second degree and third-degree Assault, and second-degree Obstructing Governmental Administration.

 According to an indictment, on October 7, 2018, Jayquon Coleman, 18, allegedly threw a Correction Staff radio in the face of an officer, causing a displaced fracture of the officer’s nose. He is charged with second-degree and third-degree Assault and second-degree Obstructing governmental Administration.

 District Attorney Clark thanked the DOC’s Correction Intelligence Bureau and Correction Investigator Timothy Fries for their assistance in the investigation.

Fernandez - Biaggi Support the Community For More Police Protection After A Woman Was Attacked

  Standing on the corner of White Plains Road and Lydig Avenue residents of the area along with Assemblywoman Nathalia Fernandez and Senator Alessandra Biaggi called for more police protection after a woman was attacked on nearby Cruger Avenue. 

  

Above - Assemblywoman Nathalia Fernandez calls for more police protection after a woman was attacked in the area. Assemblywoman Fernandez who lives not to far from the attack said that women in my community should not have to walk in fear of being attacked. 

Below - Newly elected State Senator Alessandra Biaggi reads from a prepared statement about the incident. 

Captain Andrew Natiw (file photo) commanding officer of the 49th Precinct was at the scene, and told me that while the 49th precinct will be given six new officers in January there will be no net gain of officers since six officers have left the precinct. Captain Natiw added that there will be a few Argus Cameras installed in the area that are funded by Councilman Mark Gjonaj  sometime next year. He added that all Bronx precincts are doing the best jobs they can with the resources they have. 

BIAGGI RESPONDS TO CUOMO'S DEC. 17 SPEECH

  State Senator-elect Alessandra Biaggi (District 34, Bronx/Westchester) issued the following response to Governor Cuomo's Dec. 17 speech:

"I will join the Governor in working to pass laws to protect women's right to choose and access to contraceptives, to legalize marijuana, to fully fund the MTA, to strengthen gun control laws, to increase access to voting, to pass the Dream Act and other protections for immigrants, to protect our climate by reducing carbon use and I hope much more. 

"Making sure our schools are fully funded is a fundamental responsibility of the State. We need smaller classes, more programs for English language learners, summer school and after school programs. These all cost money and our children are worth the investment.  Funding the foundation aid formula is the remedy our schools need. Our job is to figure out what it will take to make sure every school in New York is an excellent school and every child in every zip code is offered an excellent education, and then deliver nothing short of that."