Governor Cuomo Signs Legislation Affirming the Right to Record Law Enforcement Activity and Other Items

Governor Andrew M. Cuomo  signed legislation (S.3253-A/A.1360) - the 'New Yorker's Right to Monitor Act' - affirming the right of an individual to record law enforcement activity and to maintain custody of that recording and any instruments used to make the recording. 

"Transparency is critical to renewing the community's trust and confidence in our policing systems," Governor Cuomo said. "Stopping police abuse vindicates the overwhelming majority - 99.9 percent - of police who are there to do the right thing, and by making clear that all New Yorkers have the right to record and keep recordings of police activity we can help restore trust in the police-community relationship." 

State is Extending Special Enrollment in the Health Plan Marketplace for an Additional 30 Days Through July 15, 2020

Reminds Bars and Restaurants that Violations of Reopening Rules and Guidelines Can Result in Loss of Liquor License

Governor Signs Legislation Requiring the State Department of Health to Conduct a Study on the Health Impacts of COVID-19 on Minorities in New York State

Announces Lowest Number of Hospitalizations and Deaths Since Pandemic Began

Only 1.1 Percent of Yesterday's COVID Tests Were Positive

Confirms 694 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 383,324; New Cases in 41 Counties

Governor Andrew M. Cuomo announced low-risk youth sports for regions in phase three of reopening can begin on July 6th with up to two spectators allowed per child. 

Governor Cuomo also announced the state is extending the special open enrollment period in the New York State of Health Health Plan Marketplace for an additional 30 days through July 15, 2020. 

The Governor also reminded bars and restaurants that any violations of reopening rules and guidelines can result in the loss of that establishment's liquor license. Additionally, individuals can be fined for open container and social distancing violations. The Governor also reminded local governments to enforce all reopening rules and guidelines and that any failure to enforce these rules can result in the closure of businesses.

Governor Cuomo Announces Western New York Expected to Enter Phase 3 of Reopening June 16 and Capital Region Expected to Enter Phase 3 of Reopening on June 17

Announces Lowest Number of Hospitalizations and Deaths Since Pandemic Began

Governor Signs Legislation Suspending the Forfeiture of Unemployment Benefits During the COVID-19 State of Emergency

Governor Signs Legislation Repealing Criminalization of Wearing a Mask in Public

Only 1.29 Percent of Yesterday's COVID Tests Were Positive

Confirms 916 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 382,630; New Cases in 37 Counties

Governor Cuomo: "The New York State Police Reform and Reinvention Collaborative is a major step forward, and I believe it's a moment to turn the page on this entire issue. We've seen the protests, we've seen the demonstrations. The people of this nation have made their voice heard. They are outraged after Mr. Floyd's murder. The formula that works is demonstration, protest, make your case, then make change, legislation, institutionalize the point that you were making, and then reconciliation. Demonstration, legislation, reconciliation. Reverend Sharpton was here yesterday, and those were his words. He's exactly right."

Cuomo: "Western New York is expected to move to Phase Three on this Tuesday. Capital Region should move to Phase Three on Wednesday. But as usual, we have to stay smart. Look around the nation and look at what is going on. We're not in a vacuum. This virus spreads. We learned the hard way through cases in California for weeks when this started before they came here. Look at the signs across the country and the signs across the country are frightening. The COVID virus is increasing in just about half the states. Half the states, it's going up. You have 14 states that have seen a 25% increase in the past week. Think about that. This is a frightening time. We thought that we were past it. Well, the beast is rearing its ugly head."

Cuomo: "Wear a mask... I say that to the protesters -- I also say to the police, wear a mask. It is the law, and the law is the law for the police, right? So, wear a mask. It is the state law. It's not an option."

  Governor Andrew M. Cuomo announced Western New York is expected to enter Phase 3 of reopening June 16 and the Capital Region is expected to enter Phase 3 of reopening on June 17 following a review of regional data by global public health experts. Business guidance for phase three of the state's reopening plan is available here.

The Governor also announced the state has reached the lowest number of hospitalizations and deaths since the pandemic began. The number of total hospitalizations was down yesterday to lowest level since March 20 to 1,734. Thirty-two people in New York passed away due to COVID-19, down from a record-high of 800 just nine weeks ago.  

The Governor also signed legislation (S.8275-A/A.10348) suspending the forfeiture of unemployment benefits during the COVID-19 state of emergency, aligning with the Executive Order issued by the Governor on May 14, 2020. Over 44 million Americans across the United States have applied for unemployment insurance during the COVID-19 pandemic, and this number is expected to grow as the pandemic continues. Individuals who have had forfeit penalties levied against them from past claims are currently unable to collect their unemployment benefits. This new law will allow those individuals to collect these critical benefits in their time of greatest need even if forfeit penalties have been enacted against them.

The Governor also signed legislation (S.8415/A.10446-A) repealing criminalization of wearing a mask in public. The Governor previously issued an Executive Order requiring that New Yorkers wear face coverings while in public to help stop the spread of COVID-19, and this new law will remove any legal conflicts with the outdated provision banning the wearing of masks in public and the Governor's Executive Order.

No. 203: New York State Police Reform and Reinvention Collaborative

No. 203

E X E C U T I V E  O R D E R

NEW YORK STATE POLICE REFORM AND REINVENTION COLLABORATIVE 

WHEREAS, the Constitution of the State of New York obliges the Governor to take care that the laws of New York are faithfully executed; and

WHEREAS, I have solemnly sworn, pursuant to Article 13, Section 1 of the Constitution, to support the Constitution and faithfully discharge the duties of the Office of Governor; and

WHEREAS, beginning on May 25, 2020, following the police-involved death of George Floyd in Minnesota, protests have taken place daily throughout the nation and in communities across New York State in response to police-involved deaths and racially-biased law enforcement to demand change, action, and accountability; and

WHEREAS, there is a long and painful history in New York State of discrimination and mistreatment of black and African-American citizens dating back to the arrival of the first enslaved Africans in America; and

WHEREAS, this recent history includes a number of incidents involving the police that have resulted in the deaths of unarmed civilians, predominantly black and African-American men, that have undermined the public’s confidence and trust in our system of law enforcement and criminal justice, and such condition is ongoing and urgently needs to be rectified; and

WHEREAS, these deaths in New York State include those of Anthony Baez, Amadou Diallo, Ousmane Zango, Sean Bell, Ramarley Graham, Patrick Dorismond, Akai Gurley, and Eric Garner, amongst others, and, in other states, include Oscar Grant, Trayvon Martin, Michael Brown, Tamir Rice, Laquan McDonald, Walter Scott, Freddie Gray, Philando Castile, Antwon Rose Jr., Ahmaud Arbery, Breonna Taylor, and George Floyd, amongst others,

WHEREAS, these needless deaths have led me to sign into law the Say Their Name Agenda which reforms aspects of policing in New York State; and

WHEREAS, government has a responsibility to ensure that all of its citizens are treated equally, fairly, and justly before the law; and

WHEREAS, recent outpouring of protests and demonstrations which have been manifested in every area of the state have illustrated the depth and breadth of the concern; and

WHEREAS, black lives matter; and

WHEREAS, the foregoing compels me to conclude that urgent and immediate action is needed to eliminate racial inequities in policing, to modify and modernize policing strategies, policies, procedures, and practices, and to develop practices to better address the particular needs of communities of color to promote public safety, improve community engagement, and foster trust; and

WHEREAS, the Division of the Budget is empowered to determine the appropriate use of funds in furtherance of the state laws and New York State Constitution; and

WHEREAS, in coordination with the resources of the Division of Criminal Justice Services, the Division of the Budget can increase the effectiveness of the criminal justice system by ensuring that the local police agencies within the state have been actively engaged with stakeholders in the local community and have locally-approved plans for the strategies, policies and procedures of local police agencies; and

NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, in particular Article IV, section one, I do hereby order and direct as follows:  

         

The director of the Division of the Budget, in consultation with the Division of Criminal Justice Services, shall promulgate guidance to be sent to all local governments directing that:

Each local government entity which has a police agency operating with police officers as defined under 1.20 of the criminal procedure law must perform a comprehensive review of current police force deployments, strategies, policies, procedures, and practices, and develop a plan to improve such deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color.

Each chief executive of such local government shall convene the head of the local police agency, and stakeholders in the community to develop such plan, which shall consider evidence-based policing strategies, including but not limited to, use of force policies, procedural justice; any studies addressing systemic racial bias or racial justice in policing; implicit bias awareness training; de-escalation training and practices; law enforcement assisted diversion programs; restorative justice practices; community-based outreach and conflict resolution; problem-oriented policing; hot spots policing; focused deterrence; crime prevention through environmental design; violence prevention and reduction interventions; model policies and guidelines promulgated by the New York State Municipal Police Training Council; and standards promulgated by the New York State Law Enforcement Accreditation Program. 

The political subdivision, in coordination with its police agency, must consult  with stakeholders, including but not limited to membership and leadership of the local police force; members of the community, with emphasis in areas with high numbers of police and community interactions; interested non-profit and faith-based community groups; the local office of the district attorney; the local public defender; and local elected officials,  and create a plan to adopt and implement the recommendations resulting from its review and consultation, including any modifications, modernizations, and innovations to its policing deployments, strategies, policies, procedures, and practices, tailored to the specific needs of the community and general promotion of improved police agency and community relationships based on trust, fairness, accountability, and transparency, and which seek to reduce any racial disparities in policing.

Such plan shall be offered for public comment to all citizens in the locality, and after consideration of such comments, shall be presented to the local legislative body in such political subdivision, which shall ratify or adopt such plan by local law or resolution, as appropriate, no later than April 1, 2021; and

Such local government shall transmit a certification to the Director of the Division of the Budget to affirm that such process has been complied with and such local law or resolution has been adopted; and

The Director of the Division of the Budget shall be authorized to condition receipt of future appropriated state or federal funds upon filing of such certification for which such local government would otherwise be eligible; and

The Director is authorized to seek the support and assistance of any state agency in order to effectuate these purposes. 

G I V E N   under my hand and the Privy Seal of the State in the City of Albany this twelfth day of June in the year two thousand twenty. 

BY THE GOVERNOR         

Secretary to the Governor

Public Notice: NY AG James Holds Public Hearings on Police and Public Interactions During Protests Wednesday, June 17th @ 11:00AM

  The Office of the Attorney General has been designated by the Governor to investigate interactions between police officers and the public during recent protests. 

Attorney General James will be holding a public video hearing to examine the nature and details of these interactions. Members of the public are invited to provide written testimony relevant to this investigation.

Oral testimony for the video hearing will be subject to hearing scheduling constraints and witness availability. To be eligible for providing oral testimony at the hearing, testimony must be submitted in writing by 5:00 pm on Monday, June 15^th. Testimony may be submitted at the following web address: ag.ny.gov/hearing.

The Office of the Attorney General will review all testimony, both written and oral.

Hearing will be viewable via the OAG website at: ag.ny.gov/livestream.

This hearing is a public event, and all testimony is subject to public disclosure. Members of the public can submit non-public complaints relevant to the Attorney General’s investigation at: ag.ny.gov/nypd-protest-response.  

Comptroller Stringer Releases New York City Claims Report for FY 2019

In FY 2019, 13,712 claims and lawsuits against New York City were resolved for $975.0 million compared to 14,390 claims and lawsuits resolved for $1.1 billion in FY 2018

  New York City Comptroller Scott M. Stringer released the Annual Claims Report, covering data for Fiscal Year (FY) 2019. The Claims Report includes breakdowns of personal injury and property damage claims as well as other categories of claims filed against the City and settlement costs paid by the City in the past fiscal year.

“As our City grapples with the economic fallout of the COVID-19 pandemic, it is more important than ever to be smart and strategic about how we’re using taxpayer dollars. That’s why we believe in taking a data-driven approach to the City claims process to measure tangible results and identify areas for improvement,” said New York City Comptroller Scott M. Stringer. “Our analysis backs up this approach; fewer claims filed and a decrease in payouts indicate that City agencies are working to streamline their operations, reduce costs, and implement best practices that avoid claims from arising altogether. We will continue to build on this progress by partnering with agencies to target more areas for improvement and make sure taxpayer dollars deliver results for the New Yorkers who need our help the most.”

In FY 2019, 13,712 claims and lawsuits against New York City were resolved for $975.0 million compared to 14,390 claims and lawsuits resolved for $1.1 billion in FY 2018.

Total Number of Claim Settlements & Judgments FY 2018 vs. FY 2019

Total Amount of Claim Settlements & Judgments Paid FY 2018 vs. FY 2019

Tort Claims

For a second fiscal year, FY 2019 saw a decline in the City’s payouts on personal injury and property damage claims (collectively, tort claims), which include allegations of slip and falls, medical malpractice, police action, and motor vehicle property damage claims. While the number of tort claims filed in FY 2019 decreased slightly by one percent, the amount paid out in settlements and judgments in FY 2019 decreased by seven percent. Yet, New Yorkers continue to pay for claims that were filed more than a decade ago.

• In FY 2019, the City paid out $611.7 million in tort claims, $48.1 million less than the $659.83 million paid out in FY 2018.
• In FY 2019, the City paid out $46.6 million for tort claims that were filed prior to FY 2010 (legacy claims).
• Excluding payments on legacy claims, payouts declined from $595.3 million in FY 2018 to $559.3 million in FY 2019.

Labor and Employment Claims

Historically, claims by City employees relative to the terms and conditions of their employment have been recorded as either personal injury civil rights claims or law salary claims depending on the nature of the claim. Beginning in FY 2019, the Comptroller’s Office began recording all claims filed by City employees relative to the terms and conditions of their employment as labor and employment claims. In the FY 2019 Claims Report, the Comptroller’s Office continues to report claims data for FY 2019 labor and employment claims under its historic claim types for analysis continuity.

Law Claims

Law claims include disputes arising from City contracts, equitable claims, refund claims, City employee salary disputes, claims involving Department of Education (DOE) special education matters, sidewalk assessments, and affirmative claims that are brought by the City against individuals, companies, corporations, and other entities for torts, breaches of contract, and as remedies for violations of civil codes.

• In FY 2019, the City paid out $363.2 million in law claims, a nine percent decrease from the $401.0 million paid out in FY 2018.
• Seventy-nine percent of all law claim payments in FY 2019 were related to claims for reimbursement of the cost of special education services.

Under the New York City Charter, the Comptroller has the power to settle or adjust all claims in favor of or against the City. This work is performed by the Comptroller’s Office Bureau of Law and Adjustment (BLA), which, under the direction of the Comptroller and the Assistant Comptroller for BLA, comprises attorneys, claims professionals, engineers, and administrative staff.

In 2014 the Comptroller’s Office introduced ClaimStat, a data-driven analysis of claims filed against the City. ClaimStat was conceived as a way for City agencies to review claims data in real time, identify claim filing trends that are costly to the City, and implement policies and best practices to mitigate risk or avoid filing of claims altogether. ClaimStat has proven to be a valuable device for agency’s using risk analysis to reduce the number of claims filed against the City and, in turn, limit the City’s financial exposure.

Currently, the Comptroller’s Office shares real-time data and coordinates with the Department of Correction (DOC), the Department of Sanitation (DSNY), Department of Citywide Administrative Services (DCAS), and the New York City Police Department (NYPD). The Comptroller’s Office continues to work to expand coordinated efforts with City agencies to mitigate risk and to help implement best practices.

To read the Annual Claims Report for Fiscal Year 2019, click here.

Primary Update 2020 - Races to Watch

Primary 2020 is going to be very different this year due to the Coronavirus. Does one vote by mail, early, or on the traditional primary date? the answer is which ever way you vote, you must vote by or on June 23rd 2020. 

The most interesting Bronx races seem to be the 14th, 15th, and 16th Congressional races, 32nd State Senate race, 79th Assembly race, and the District Leaders for the 80th A.D.

14th Congressional District - Alexandria Ocasio-Cortez was so anxious to debate in 2018, especially when she was the candidate against the incumbent. Now that she is Congresswoman Alexandria Ocasio-Cortez she does not want to appear in the Bronx debate that many say was the turning point of her victory, including the movie 'Bring Down The House'. That being the Parkchester Times Debate. 

15th Congressional District - The political insiders, and even a poll by a progressive consulting company has outspoken City Councilman and former State Senator in the area Ruben Diaz as the probable winner of this race. This race could be similar to the Special Election for Public Advocate where Michael Blake, Melissa Mark-Viverito, and Ydanis Rodriguez ran. Ritchie Torres made a deal with Michael Blake to have Blake as the only Bronx elected official to run. The second part of that deal went sour as Blake entered the 15th Congressional race. There are several other less known names in the race, including one progressive candidate endorsed by AOC who came in with only two percent of the poll by the progressive consulting company.

16th Congressional District - Many say that this will be current Congressman Eliot Engel's toughest race, but in 1994 Salsa legend Willie Colon finished with thirty-eight percent of the vote one on one against Engel. This election Engel has four challengers who are on the ballot. The strongest appears to be Jamaal Bowman a principal in the Northeast Bronx who lives in Yonkers. Bowman is the candidate of the Justice Democrats, and has the endorsement of AOC and State Senator Biaggi who was supporting Engel until AOC announced she was supporting Bowman. Engel's opponents seem to be using his misstatement on Fordham Road as the thrust of their campaigns.

32nd State Senate - Here it is alleged that State Senator Luis Sepulveda is wearing a wire. The current Bronx Democratic County Leader has decided not to run for re-election and is leaving politics. Sepulveda's brother who is in a Florida prison on drug charges sent a packet of information to the state senate claiming that Senator Sepulveda is a child molester, drug user, and drug dealer which was reported by NY1. Sepulveda's main rival is the current 87th A.D. Male District Leader John Perez. Perez is an eighteen year veteran of the army, and has the backing or Councilman and leading 15th Congressional candidate Ruben Diaz who renounced his past support of Sepulveda to support Sergeant Perez this year, as Diaz calls him. 

79th Assembly District - There are six candidates trying to replace current assemblyman Michael Blake who is running for congress in the 15th district. Blake is supporting Chantel Jackson to replace him. George Alvarez is being supported by Councilman Ruben Diaz who is also running for congress in the 15th district. Cynthia Cox is the current Female District Leader in the 79th A.D. Former Assemblyman Eric Stevens is the other top contender, having been convicted of wrongdoing while serving as the assemblyman. Stevens claimed the charge was false, but was removed from office and served time in jail. Two lesser known candidates are running their first campaigns Dion Powell and Elvis Santana. 

In the 80th Assembly District the current Male District Leader is facing the former Male District Leader who served before him. The current Female District Leader is not running for re-election, and there are two new candidates running to replace her. The interesting thing about the 80th A.D. is that the district is split by the Bronx River Parkway with twenty percent of the district west of the parkway, and eighty percent of the district east of the parkway. 

There will be another update before primary day that will include the predictions for primary day. 

Assemblywoman Joiner and Bronx Terminal Market Give Out Food and Supplies to the Community

  Friday morning people lined up behind the Bronx Terminal Market to pick up groceries, masks, hand sanitizer, and meals provided by Assemblywoman Latoya Joiner and the Bronx Terminal Market.

There were boxes of groceries provided by Fresh Direct, and more bags of groceries provided by the supermarket in the Bronx Terminal Market. Face masks and a large bottle of hand sanitizer along with meals provided by Applebee's and Pastelito Feast were also given to the people who came to the giveaway. This event was coordinated between Ms. Janet Jimenez of the Bronx Terminal Market and Assemblywoman Latoya Joiner.

Above - The long line of people waiting outside the Bronx Terminal Market.

Below - Assemblywoman Joiner is with Janet Jimenez of the Bronx Terminal Market before the food giveaway, 

Above - Assemblywoman Latoya Joiner is ready for the first person with a box fof groceries from Fresh Direct.

Below - Assemblywoman Joiner places this box of Fresh Direct groceries into this woman's shopping cart. District Leader Yves Filus assists his assemblywoman.

Above - Assemblywoman Joiner stands by a loaded table of meals from Applebee's, while to her left is a table with face masks and large bottles of hand sanitizer.

Below - The line of tables from the start with a box of groceries from Fresh Direct to the last table with meals from Applebee's.

After everything was given out Assemblywoman Joiner joins the workers from the Bronx Terminal Market, and other volunteers as they cheer their good work. 

  

Senator Rivera Hosts Virtual Forum on Tenants' Rights During and Beyond the COVID-19 Pandemic

Dear Neighbor,

I am pleased to invite you to a Virtual Forum on Tenants' Rights During and Beyond the Pandemic, a Zoom webinar and live Facebook event I will hold next Tuesday, June 16, 2020 at 6:00 PM. I want to ensure that tenants in my district and across New York stay in their homes and have their rights upheld.

I will be joined by expert guests from MFJ Legal Services and the Northwest Bronx Community and Clergy Coalition that will update you on housing court, eviction moratoriums, and legal advice.

• Submit questions on this form: http://forms.gle/GQcPaCX1L6PJxz7t8. 

• Watch live on Facebook.com/Hon.Gustavo.Rivera. 

• You can also register to participate on Zoom: https://us02web.zoom.us/webinar/register/WN_aLB1XFpHStevXZJ5ry4Uug. 

After registering, you will receive a confirmation email containing information about joining the webinar.

If you or anyone you know wants to listen to Spanish interpretation of this forum, they should participate on Zoom.

Gustavo Rivera

New York State Senate

District 33