MAYOR DE BLASIO SIGNS NYPD ACCOUNTABILITY PACKAGE AT BLACK LIVES MATTER MURAL

  Mayor Bill de Blasio today signed into law the NYPD Accountability Package, a comprehensive set of police reforms aimed at increasing transparency within the NYPD and strengthening trust between the police department and the community it serves. The sweeping reforms will ban the use of chokeholds across the NYPD, protect the right of citizens to record police activity, require NYPD transparency on the use of surveillance technologies, establish an online NYPD disciplinary matrix, and ensure all NYPD officers have their shield number and rank designations visible at all times while on the job. Together, the legislation will expand accountability within the NYPD and transform policing across the city.

“The Black Lives Matter movement has been at the forefront of change in New York City and across our nation. I’m proud to sign these sweeping reforms into law and honor the work they’ve done,” said Mayor Bill de Blasio. “I’m confident we can make these reforms work and continue strengthening the bond between police officers and our communities.”

This legislation builds upon the significant reforms Mayor de Blasio delivered earlier this summer. In June, the Mayor announced that the Police Department would expedite the investigation and discipline for incidents involving substantial bodily injury to a member of the public, and provide greater transparency on disciplinary records and decisions. The Mayor also announced that all body worn camera footage and audio must be released within 30 days following an officer’s use of force that results in death or great bodily harm. Earlier this month, the Mayor signed the Fiscal Year 2021 Adopted Budget, and committed to $1 billion in cuts and cost shifts from the NYPD to reinvest in youth programs and communities. Of those savings, $115 million has been reprioritized for summer youth programming, $116 million for education and $134 million for family and social services. The budget also shifts $450 million in NYPD capital funding to the Parks Department and NYCHA for youth and recreation centers.  

The NYPD Accountability Package includes:

Int. 487-A (Gibson) – A Local Law to amend the administrative code of the city of New York, in relation to creating comprehensive reporting and oversight of New York city police department surveillance technologies.

Int. 536-B (Lancman) – A Local Law to amend the administrative code of the City of New York, in relation to chokeholds and other such restraints.

Int. 721-B (Public Advocate) – A Local Law to amend the administrative code of the city of New York, in relation to the right to record police activities.

Int. 760-B (Gibson) – A Local Law to amend the administrative code of the city of New York, in relation to an early intervention system.

Int. 1309-B (Richards) – A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to develop an internal disciplinary matrix.

Int. 1962-A (Ampry-Samuel) – A Local Law to amend the administrative code of the city of New York, in relation to requiring visible shield numbers and rank designations.

MAYOR DE BLASIO ANNOUNCES CITY PLANNING COMMISSION MEETINGS TO RESUME IN AUGUST

City launches new website for New Yorkers to learn about and participate in remote meetings  

  Mayor Bill de Blasio today announced that the City Planning Commission will start holding remote meetings in August. This will allow developments that create affordable housing, jobs, health facilities, resiliency projects and more to move forward after a safe and inclusive public review. Information about how to participate in public hearings is available at NYC Engage, the newly launched portal to facilitate public engagement in remote hearings.

"This pandemic brought so much to a halt as we worked to save lives," said Mayor de Blasio. "Now, we are taking a safe approach to re-starting this important land use review process."

“With our city beginning to reopen and work underway to help the economy recover, resuming New York City’s public land use review process is vital to creating the affordable homes and job opportunities New Yorkers need in their neighborhoods,” said Deputy Mayor Vicki Been.

“As the CPC returns to its regularly scheduled meetings, the health and safety of the public, the commissioners and the staff of the Department of City Planning remain a top priority. Restarting public review remotely will help us stay safe and advance our goals of making New York a more affordable, equitable, resilient and healthy city for all,” City Planning Commission Chair Marisa Lago said.

The CPC’s resumption of meetings comes alongside the launch of a web portal to connect New Yorkers with remote public meetings held by City agencies. NYC Engage will provide information about upcoming meetings and how anyone can participate online or by phone, as well as general guidance to acclimate New Yorkers to remote public engagement.  Events will be added to NYC Engage in the coming months from the CPC and other agencies. CPC meetings will take place remotely for the foreseeable future.

The CPC August meetings will include actions on development projects that are not subject to the City’s Uniform Land Use Review Procedure (ULURP) and on ULURP projects that were already in public review prior to March 16. The August meetings will also include discussion and DCP presentations related to development projects that are expected to begin the ULURP public process in the fall. The Mayor’s Executive Order suspending the ULURP clock will not be lifted until September.

This staggered restart is aimed at helping ensure that the City’s 59 community boards, which must adhere to ULURP’s timeline but often do not meet during summer months, are ready to host remote public meetings as soon as the clock restarts. To help community boards be ready in September, the Administration has secured video conferencing licenses for community boards. The Department of City Planning will be working with the boards to assist with training needs.

The first remote CPC meetings will be a Review Session on August 3th, followed by a Public Meeting on August 5th. During Review Sessions, the CPC discusses new applications that are about to commence public review, holds post-CPC-hearing discussions on applications and votes on City Council modifications. For Public Meetings, the CPC typically holds public hearings and votes on applications.

Following normal protocol, the public draft agendas for upcoming CPC meetings will be posted on the Department of City Planning website in the days before the meetings take place. While held remotely, CPC meetings will follow the same rules as they did pre-pandemic with regards to format, the need for a quorum, scheduling, sign-up for members of the public wishing to testify at a public hearing, testimony length and more.

What is the Bronx Board of Elections Hiding - Part 2 - How Many BOE Employees Does it Take to Separate an Absentee Ballot?

What the Bronx Board of Elections is hiding can be seen in this photo taken from behind the media barrier set up to keep secrets at the Bronx Board of Elections. It takes four people to get a ballot in the 84th assembly district ready to be counted. BOE Employee #1 behind the poll watcher who's face has been covered opens the envelope taking out the absentee ballot showing both sides for a second or two only, BOE Employee #2 folds the ballot a certain way, BOE Employee #3 marks something on the ballot, and BOE Employee #4 separates the long ballot at the perforation careful to make sure only the empty back of the ballot is able to be viewed. 

Having received a very short personalized letter of authorization from the NYC Board of Elections, authorizing me by the Commissioners of Elections in the City of New York to observe and film provided no images of voted ballots are recorded, the Canvass/Recanvass of votes cast the June 23, 2020 Primary Election at Board of Elections in the City of New York facilities. The letter is made out to all Central Boards of Inspectors of Elections throughout the city of New York, and is signed by Michael Ryan Executive Director of the NYCBOE. 

What does it mean to observe something? To see, watch, perceive, or notice. Now let's see the meaning of a watcher (as in poll watcher). A person who closely follows or observes someone or something.

So why was I not allowed to be seated with the poll watchers, since an observer is the same as a watcher? It is because the Board of Elections does not want the public to get information such as I intend to find out. I however outflanked the Bronx Board of Elections by getting a poll watchers certificate from a candidate I know who was only to willing to provide me with the piece of paper. I then was able to sit in front of the media barrier in the empty chair in the photo at the top. I was instructed as a poll watcher I could not take any photos, to which I agreed since I had already taken photos from behind the media barrier,

Above - One can not estimate how many thousands and thousands of absentee ballots are still on the racks in the corner of the opening room.

Below - Why is this BOE Employee (if it is a BOE employee) looking through this one group of absentee ballots?

Above - Are those Absentee ballot in the folder the BOE Employee is holding?

Below - Why are ballots being separated in the back of the room as observed in this photo?

The two heads of the Bronx Board of Elections watch/observe the opening of the Absentee ballots.

Governor Cuomo Announces New York and 14 States and D.C. to Ramp Up Electrification of Buses and Trucks

New York Signs Memorandum of Understanding, Pledges to Develop Action Plan to Reduce Toxic Diesel Emissions from Medium- and Heavy-Duty Vehicles by 2050

Supports New York's Nation-Leading Targets to Reduce Greenhouse Gas Emissions under Climate Leadership and Community Protection Act 

Complements State's Ongoing Efforts to Electrify Transportation Sector, Largest Source of Climate-Altering Emissions in New York 

  Governor Andrew M. Cuomo today announced that New York, along with 14 states and the District of Columbia will develop an action plan to ramp up electrification of buses and trucks. In a joint memorandum of understanding, the State committed to work collaboratively to accelerate the market for electric medium- and heavy-duty vehicles, including large pickup trucks and vans, delivery trucks, box trucks, school and transit buses and long-haul delivery trucks. The goal of the MOU is to ensure that 100 percent of all new medium- and heavy-duty vehicle sales be zero emission vehicles by 2050 with an interim target of 30 percent zero-emission vehicle sales in these categories of vehicles by 2030. The announcement supports the State's nation-leading targets to reduce greenhouse gas emissions under the Climate Leadership and Community Protection Act.

"With a lack of federal leadership and an outright failure to follow science, it has fallen to the states to address the climate crisis by working together to eliminate greenhouse gas emissions from all sources," Governor Cuomo said. "Reducing pollution from medium- and heavy-duty vehicles will result in cleaner air for New Yorkers, particularly low-income neighborhoods and communities of color that have historically and disproportionately borne the brunt of the worst environmental consequences. As New York continues to implement nation leading climate initiatives, this multi-state agreement furthers the critical leadership roles of the states in combatting climate change and establishes an example for other states to follow." 

  

Signatories of the MOU are: California, Connecticut, Colorado, Hawaii, Maine, Maryland, Massachusetts, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and the District of Columbia. 

The transportation sector is now the nation's largest source of climate-altering greenhouse gas emissions and contributes to unhealthy levels of ozone and smog in many parts of the U.S. Accelerating the electrification of trucks and buses will help achieve the deep, economy-wide emission reductions needed to avoid the worst consequences of climate change and protect public health. Trucks and buses account for an estimated four percent of vehicles on U.S. roadways, but contribute nearly a quarter of greenhouse gas emissions from the transportation sector.  

In addition, electrification of trucks and buses is anticipated to reduce the burden of air pollution that results from heavy truck traffic in communities.  Diesel emissions from medium- and heavy-duty trucks contribute to elevated levels of particulate matter and air toxics. These emissions disproportionately impact low-income communities and communities of color, often located near major trucking corridors, ports and distribution hubs. 

Department of Environmental Conservation Commissioner Basil Seggos said, "New York is setting the bar for state-led action on climate. To achieve the State's nation-leading goals of reducing greenhouse gas emissions, New York must reduce emissions from the transportation sector, now the largest source of climate pollution. Today's announcement is proof positive that through Governor Cuomo's leadership on climate and the State's sustained clean energy investments and initiatives, New York is leading the nation's efforts to act on climate while protecting our communities and our irreplaceable natural resources."

MOU signatories will work through the existing multi-state ZEV Task Force facilitated by the Northeast States for Coordinated Air Use Management to develop and implement a ZEV action plan for trucks and buses. 

By promoting and investing in electric trucks and buses and the charging and fueling infrastructure needed to serve these vehicles, the signatory jurisdictions will support job creation, and help to build a resilient and clean economy. Today's announcement complements ongoing efforts to electrify the transportation sector. At the Governor's direction, DEC, in concert with the New York State Energy and Research Development Authority, New York Power Authority, State Department of Transportation, Port Authority of New York and New Jersey, and others, developed Clean Transportation NY - New York's plan to strategically invest the Volkswagen settlement resources for maximum benefit and to build on New York's national leadership on clean energy and climate change. The funds were secured to mitigate damages from the Volkswagen emissions cheating scandal through the federal settlement with Volkswagen. The state's strategically leveraged investment of settlement funds is anticipated to result in at least $300 million of clean vehicles and infrastructure on New York's roadways. The transportation sector is currently the largest source of greenhouse gas emissions in New York, representing approximately 34 percent of the state's total emissions. The current status of New York State's implementation of Clean Transportation NY projects can be found at DEC's website.

In addition, New York is working on a bipartisan basis with other states to reduce greenhouse gas emissions. With 10 state partners, New York is strengthening the Regional Greenhouse Gas Initiative, an effective tool to reduce power sector emissions. When the Trump Administration pulled out of the Paris Climate Agreement, New York co-founded the U.S. Climate Alliance, now 25 states and territories strong with a combined $11.7 trillion economy.  

The Climate Leadership and Community Protection Act requires the State to achieve a carbon free electricity system by 2040 and reduce greenhouse gas emissions 85 percent below 1990 levels by 2050, setting a new standard for states and the nation to expedite the transition to a clean energy economy. The new law will drive investment in clean energy solutions such as wind, solar, energy efficiency and energy storage.

Governor Cuomo Announces Individuals Traveling to New York from Four Additional States Will Be Required to Quarantine for 14 Days

Minnesota, New Mexico, Ohio and Wisconsin Meet Metrics to Qualify for Travel Advisory

1.5 Percent of Yesterday's COVID-19 Tests were Positive

5 COVID-19 Deaths in New York State Yesterday

Confirms 912 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 403,175; New Cases in 51 Counties

  Governor Andrew M. Cuomo today announced that four additional states meet the metrics to qualify for the travel advisory requiring individuals who have traveled to New York from those states, all of which have significant community spread, to quarantine for 14 days. The newly-added states are Minnesota, New Mexico, Ohio and Wisconsin. Delaware has been removed. The quarantine applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a 7-day rolling average. Yesterday, Governor Cuomo announced a travel enforcement operation will commence today at airports across the state to help ensure travelers are following the state's quarantine restrictions and to help contain the rates of COVID-19 transmission in New York State.

The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"New Yorkers showed incredible courage and resiliency throughout this pandemic, and nowhere is their work more evident than in the numbers we release every day, including in New York City, once a global hotspot," Governor Cuomo said. "However, the success of our efforts depends on citizens' willingness to comply with state guidance, socially distance, wear masks and wash their hands, and rising cases around the country continue to threaten our progress, which is why four new states have been added to New York's travel advisory.

"It's also clear based on contact tracing that many of the new cases in New York are a result of a lack of compliance during the July 4 weekend and illustrate how quickly the virus spreads, with one party, for example, infecting more than a third of attendees," Governor Cuomo continued. "I cannot be more clear: Look at what's happening in the rest of the country — if we are not smart, if we don't wear masks and socially distance, cases will spike. No one wants to go back to the hell we experienced three months ago, so please stay vigilant."

State and local contact tracing efforts found that 35 percent of people who attended a Fourth of July weekend party in Suffolk County - or more than 1/3 of the entire party - became infected with COVID-19, demonstrating how quickly the virus can spread.

The full, updated list of states on the travel advisory is below:

• Alabama
• Arkansas
• Arizona
• California
• Florida
• Georgia
• Iowa
• Idaho
• Kansas
• Louisiana
• Minnesota
• Mississippi
• North Carolina
• New Mexico
• Nevada
• Ohio
• Oklahoma
• South Carolina
• Tennessee
• Texas
• Utah
• Wisconsin

Today's data is summarized briefly below:

• Patient Hospitalization - 820 (+28)
• Patients Newly Admitted - 71 (+11)
• Hospital Counties - 31
• Number ICU - 167 (-8)
• Number ICU with Intubation - 101 (-2)
• Total Discharges - 71,692 (+49)
• Deaths - 5
• Total Deaths - 24,994

MAYOR’S FUND RAISES $54.5 MILLION FOR FRONTLINE WORKERS AND VULNERABLE NEW YORKERS THROUGH COVID-19 EMERGENCY RELIEF FUND

  Mayor Bill de Blasio and First Lady Chirlane McCray today announced that the Mayor’s Fund to Advance New York City has raised $48.8 million, including more than $5.7 million in in-kind donations, to support equitable relief and recovery efforts for the communities hardest hit by the COVID-19 pandemic.

“COVID-19 has taken a devastating toll on immigrant communities and people of color,” said Mayor Bill de Blasio. “As our city continues to the weather this crisis, we will keep finding innovative ways to increase resources and assistance for our most vulnerable neighbors and frontline workers.”

“As our city unites to build a future that is fairer and more equitable, it is essential that New Yorkers in the hardest-hit neighborhoods can access the resources they need to support themselves and their families,” said First Lady Chirlane McCray. “Thank you to our generous partners who have answered the call to provide this critical relief for frontline workers and communities of color during this unprecedented crisis.”

The Mayor’s Fund launched the COVID-19 Emergency Relief Fund in early March to support priority areas including: healthcare workers and essential staff; local small businesses; displaced hourly workers, including immigrant workers; and families, youth, and other vulnerable New Yorkers.

The expansive fundraising efforts have included large-scale public-private partnerships, as well as a grassroots campaign that have together garnered 9,500 donors from all around the country.

Support for Frontline Workers

To ensure that New York City’s healthcare professionals and essential workers on the front lines of the COVID-19 pandemic stay nourished, supported, and protected, the Mayor’s Fund:

• Partnered with the Debra and Leon Black Family, Aramark, Robin Hood, and the American Red Cross to launch NYC Healthcare Heroes. The program is providing more than 400,000 packages of shelf-stable food, fresh produce, and household cleaning and personal care products to staff at hospitals across the five boroughs. These deliveries alleviate the burden on workers who often do not have access to supplies or time to shop after working back-to-back shifts caring for COVID-19 patients in hospitals and facilities across the city.
• Developed and launched Food for Heroes, which will deliver 169,400 nutritious meals to healthcare professionals and EMS, morgue, and sanitation and other essential workers across New York City to fuel them during their shifts.
• Supported NYC Health + Hospitals with a $400,000 donation to purchase critical personal protective equipment. The donation was made possible through Peg’s Cure, an initiative created by Cedar Mills LLC in honor of Peg Broadbent, former CFO of Jeffries Group LLC who died due to complications from COVID-19.

Aid for Restaurants in Hardest-Hit Communities

To support the owners and employees of restaurants in neighborhoods that have suffered disproportionately during the pandemic, the Mayor’s Fund: 

• Collaborated with One Fair Wage, NYC Opportunity, and the Human Resources Administration to launch the Restaurant Revitalization Program. The program is providing short-term payroll support to an initial 100 restaurants committed to paying full minimum wage with tips on top, in addition to providing hardest-hit communities with approximately 53,000 meals over 6-12 weeks.

Services for Immigrant Communities

To support New York City’s immigrant communities, many of whom are disproportionately impacted by COVID-19, the Mayor’s Fund:

• Partnered with the Mayor’s Office of Immigrant Affairs and the Open Society Foundations to create the Immigrant Emergency Relief Program. The program works with community-based organizations to provide direct, one-time emergency relief payments to up to 20,000 immigrant New York City families who are hardest hit financially by the crisis, yet excluded from the reach of the federal relief program.
• Launched the Immigrant COVID-19 Burial Assistance Program with funding support from SOMOS Community Care, Trinity Church Wall Street, Amalgamated Bank, and Robin Hood. The program provides up to $1,700 toward burial expenses for immigrant families—regardless of legal status—who are unable to pay for the funeral expenses of relatives who died during the pandemic.

Supporting Youth in Hardest-Hit Communities with Summer Opportunities

To ensure that youth and families are safe and supported, the Mayor’s Fund:

• Raised $6.8 million in philanthropic support for SYEP Summer Bridge 2020, a public-private partnership that leverages an additional $40 million in public dollars to provide constructive engagement and enrichment activities to keep 35,000 New York City youth active and productive this summer.

• Partnered with the Mayor’s Office to Domestic and Gender-Based Violence and Sanctuary for Families to launch a pilot program to deliver micro-grants to survivors. The first-of-its-kind initiative helps mitigate safety, economic, and housing challenges exacerbated by the COVID-19 pandemic.

The Mayor’s Fund continues to pursue additional funds to launch and support programs and initiatives that meet the ever-changing needs of New Yorkers as the city continues to recover from the pandemic. Anyone can contribute at nyc.gov/fund.

“These unprecedented times have required unprecedented actions. One of the most essential has been the generosity and enduring spirit of New Yorkers.  The Mayor’s fund has harnessed that spirit to identify the most pressing needs of those who need the most help and by championing our essential workers,” said Gabrielle Fialkoff, Senior Advisor to the Mayor for COVID-19 Relief.  “It has brought together the philanthropic community, business sector and thousands of New Yorkers in our fight against COVID-19 and its devastating effects. The power of partnership is proven once again and I am grateful for the leadership of our private sector partners.”

“From the start the pandemic, we've tapped into the generosity and ingenuity of the City’s business and philanthropic sectors to aid New York City's response. Working together, we have provided critical support to the most vulnerable New Yorkers and the front line workers caring for them,” said COVID-19 Public-Private Partnership Czar Peter Hatch. “I want to thank our many partners for their generous contributions during this crisis.”

“It has been an inspiration to see how New Yorkers have come together over the past few months to support our essential workers and others directly impacted by COVID-19,” said Rob Speyer, Chair of the Mayor’s Fund to Advance New York City Board of Advisors. “I am grateful for the work of our community-based partners, who have helped us harness that goodwill on behalf of those families, businesses and organizations most in need.”

“Through the power of partnership, a diverse cross-section of supporters reached into their pockets to support their neighbors, providing whatever they could to help our communities weather one of the most challenging periods this city has seen,” said Toya Williford, Executive Director of the Mayor’s Fund to Advance New York City. “We are thankful for the generosity not just of the philanthropic and business communities, but of the more than 9,000 individuals who, despite facing a national economic crisis, gave donations ranging from $5 to $5,000. Their support has put vital resources directly into the hands of the New Yorkers who need them most.”

“Covid-19 has revealed for all to see, the great disparities in our society. It has also revealed just how essential undocumented workers are to the functioning of our communities. And yet, the Federal Government chose not to include undocumented workers in federal relief. I commend the City of New York, under the leadership of Mayor Bill de Blasio, for standing by undocumented workers at this moment of extreme crisis. Unfortunately, the funding we have put forward does not come close to matching the need. It can only be described as the tip of the iceberg (a drop in the bucket). Far too many families will not be able to access this funding. We need additional donors to step up, and, ultimately, we need the Federal and State government to join the Mayor of New York in recognizing the essential role undocumented workers play in our communities and in our economies, and include them in Federal and State relief packages,” said Patrick Gaspard, president of the Open Society Foundations.

“The Mayor’s Fund is a necessary response to address the needs of those who have been impacted disproportionately by the pandemic. Ford was happy to contribute funds to ensure community-based organizations and mental health providers are working together on solutions and support for those in need. In this time of crisis, we must make a clear commitment to the mental health of low-income New Yorkers,” said Darren Walker, President of the Ford Foundation.

EDITOR'S NOTE:

Now if we could only find out where the 875 million dollars went.

What Is The Bronx Board of Elections Hiding

  The count of Absentee Ballots in the Bronx began on Monday July 6th. There are eleven Assembly Districts in the Bronx. One week later, only one Assembly District the 83rd has been completed. There were no state primaries for any of the elected or party positions in the 83rd A.D., so only Presidential and the 16th Congressional District ballots had to be counted. The number of Absentee ballots returned in the 83rd A.D. was 3,884, not counting any ballots that may have been ruled void for one reason or another.  

  One has to wonder why the Bronx Board of Elections has not started with the 77th Assembly District, and ending with the 87th Assembly District. The Bronx Board of Elections did the 83rd A.D. first, followed by the 81st, 82nd, 80th, and 84th A.D.'s, which are still being counted. The 85th and 86th A.D.'s have been added for Tuesday July 14th. That leaves the 77th, 78th, 79th, and 87th A.D.'s to be counted, with the 77th, 79th, and 87th being part of the 15th Congressional District. 

There were problems in the 79th and 87th A.D.'s where candidates appeared on the official and absentee ballots when they were ruled off the ballot on an appeal by the Board of Elections of a judges decision to put those candidates back on the ballot after the Board of Elections ruled them initially off the ballot. I was told by a high ranking Board of Elections administrator that the ballots were printed before the final judges decision came down, due to time restraints in the printing of the ballots. I was also told that the Board of Elections printed the ballots, because they felt their appeal would not win. There have been lawsuits filed against the primary election, and more should come since candidates may have been denied votes because names of people who should not have been on the ballot were there. The Bronx is a Voter's Rights Borough, and it is possible that the federal government could step in for a new primary in the Bronx or just some assembly districts.

  

An area in the Bronx Board of Elections where each ballot is shown to poll watchers.

President Of Law Enforcement Union Charged With Defrauding Union’s Annuity Fund

Union Treasurer, a Police Officer, Also Charged With Obstruction of Justice and False Statements

  Audrey Strauss, Acting United States Attorney for the Southern District of New York, William F. Sweeny Jr., Assistant Director-in-Charge, New York Division, Federal Bureau of Investigation (“FBI”), and Andriana Vamvakas, Northeastern Regional Director, U.S. Department of Labor Office of Labor-Management Standards (“DOL-OLMS”), announced the arrest of KENNETH WYNDER Jr., a former New York State Trooper and the president of the Law Enforcement Employees Benevolent Association (“LEEBA”), a labor union for law enforcement officers employed by the City of New York (the “City”), for defrauding union members by misappropriating money from LEEBA’s Annuity Fund.  STEVEN WHITTICK, LEEBA’s treasurer and a police officer for New York City’s Department of Environmental Protection (“DEP”), was charged separately with obstructing the investigation into fraud in connection with LEEBA and the Annuity Fund and making false statements to federal agents.  Both defendants are expected to appear before U.S. Magistrate Judge Robert W. Lehrburger in Manhattan federal court this afternoon.

Acting U.S. Attorney Audrey Strauss said:  “Today we have charged two leaders of a union that represents local law enforcement officers for engaging in criminal conduct, something they and their membership are sworn to combat.  As alleged, Kenneth Wynder abused his position as the union’s president and its annuity fund’s administrator and trustee to raid his members’ retirement accounts.  As further alleged, Steven Whittick, the union’s treasurer, took repeated steps to obstruct a federal investigation aimed at uncovering those financial improprieties.”

FBI Assistant Director William F. Sweeny Jr. said:  “As alleged, both law enforcement and civilian members of multiple city agencies had their retirement savings compromised by two individuals who prioritized their own financial well-being over that of the hardworking men and women who dedicated their livelihood to serving the public. Most people only get one chance to put aside enough money to last them into retirement. To think the money these individuals worked so hard for could allegedly be swindled by the very people who play a role in managing it is disturbing beyond belief. Today’s arrests bring us one step closer to making sure justice is served in this case.”

DOL-OLMS Northeastern Regional Director Andriana Vamvakas said:  “Union officials are required to use the union’s funds only for legitimate purposes, not their own personal gain. Financial misappropriation by union officials not only breaks the law, it betrays the trust placed in them by their membership.  OLMS was proud to work with its partners at the Office of the U.S. Attorney for the Southern District of New York and the Federal Bureau of Investigation in investigating this case.”

According to the allegations contained in the two Complaints unsealed in Manhattan federal court, publicly available information, and prior court filings:[1]

Law Enforcement Employees Benevolent Association and the Annuity Fund

LEEBA is a labor union that has acted as the collective bargaining representative principally for law enforce­ment personnel at various City agencies, and has entered into agreements on behalf of those law enforcement employees, including agreements for insurance and retirement benefits.  The City agencies whose employees LEEBA represented included, at various times, the Department of Environmental Protection (“DEP”), the Department of Sanitation (“Sanitation”), and the Department of Transporta­tion (“Transportation”).           

The Annuity Fund is a LEEBA fund that received monthly contributions from the City for the benefit of LEEBA’s members, and maintained separate accounts for each fund member.  These accounts were functionally similar to employer-sponsored 401(k) retirement accounts.  Both WYNDER and WHITTICK were Trustees of the Annuity Fund and signatories to agreements that governed the fund.  Under the relevant agreements and plans, the money in the Annuity Fund could be used for no purpose other than funding individual members’ retirement accounts and defraying reasonable administra­tive expenses of the Annuity Fund itself.

WYNDER

WYNDER, a former New York State Trooper, is the President of LEEBA and a member of LEEBA’s board of directors.  WYNDER has also served as the Fund Administrator of the Annuity Fund and as a member of the board of trustees of the Annuity Fund, pursuant to which he owed a fiduciary duty to act in the best interests of the Annuity Fund and its account holders.  WYNDER also was on the board of trustees of the LEEBA Welfare Fund (the “Welfare Fund,” and collectively with the Annuity Fund, the “LEEBA Funds”), which provided supplemental insurance benefits to its members.  While occupying those positions, WYNDER centralized and controlled major decision-making authority for LEEBA and the LEEBA Funds, often acting without the proper approval of their respective boards of directors or trustees.  WYNDER’s de facto dominance of LEEBA and the LEEBA Funds enabled him to make decisions in his own self-interest and contrary to the interests of the Annuity Fund and individual members.

WHITTICK

WHITTICK, a DEP police officer, is the Treasurer of LEEBA, and a member of the board of directors of LEEBA and the boards of trustees of the LEEBA Annuity Fund and the LEEBA Welfare Fund.  As LEEBA’s Treasurer, WHITTICK had responsibi­lity for LEEBA’s financial matters and accounts, arranging for LEEBA to pay its payroll through an outside payroll processing firm starting in 2016, as well as having signatory authority over LEEBA’s main operating bank account. 

            WYNDER’s Alleged Fraud Scheme

            From at least in or about 2012 up to and including the date of this Complaint, WYNDER participated in a scheme to steal, embezzle, and misappropriate money from the Annuity Fund and individual members’ retirement accounts.  Specifically, WYNDER made hundreds of thousands of dollars of fraudulent transfers from the Annuity Fund to LEEBA’s operating account, which he controlled, and regularly used the funds, once transferred from the Annuity Fund, to enrich himself at union members’ expense, including through unauthorized and excessive checks to himself and cash withdrawals for his own benefit.  In addition, WYNDER caused the union to pay for various personal expenses such as a second residence, clothing, travel expenses, and the purchase of a personal automobile, all paid for by the union, and none of which were contemporaneously reported to the Internal Revenue Service (“IRS”), as required.

To accomplish this fraudulent scheme, WYNDER, acting in his capacity as the Annuity Fund’s Plan Administrator, repeatedly made false and misleading statements to a third-party retirement plan manager that served as the custodian for the Annuity Fund and the retirement accounts of individual union members, including through emails and faxes that WYNDER used to withdraw increasingly large sums of money from the Annuity Fund, effectively causing such withdrawals to be made from the retirement accounts of individual members.  From in or about 2014 through in or about 2019, WYNDER caused the withdrawal of more than $500,000 from the individual retirement accounts that constitute the Annuity Fund, thereby wiping out the entire balance of certain members’ accounts.  Without these improper withdrawals from the Annuity Fund, the LEEBA operating account would have been insolvent, and would have had insufficient funds to pay for WYNDER’s excessive checks to himself and cash withdrawals and the personal expenses he caused to be charged to that account.

In addition, throughout the duration of this scheme, WYNDER repeatedly made and approved false and misleading statements to LEEBA’s members and prospective members about how he was purportedly using and protecting their retirement accounts and the LEEBA Annuity Fund.  WYNDER further concealed his scheme by causing LEEBA to fail to timely file mandatory reports and financial disclosures with the City and public reports to the Annuity Fund’s members, and by making false statements to the Annuity Fund’s auditors and accountants.

WHITTICK’s Alleged Obstruction of Justice

From at least in or about 2017 through in or about August 2019, while serving as LEEBA’s Treasurer, and after learning of the federal investigation into LEEBA’s finances including the embezzlement scheme described above, WHITTICK repeatedly lied to federal agents in an effort to obstruct that investigation.  WHITTICK did so despite personal involvement in some of the financial improprieties with which WYNDER is charged.  For example, as alleged, on at least two occasions, on or about February 1, 2018, and March 30, 2018, WHITTICK withdrew $16,000 in cash from a LEEBA bank account, and on each occasion deposited $15,000 cash into WYNDER’s personal bank account and $1,000 cash into WHITTICK’s own personal bank account. 

After the FBI had executed a search warrant of LEEBA’s offices in September 2019, WHITTICK attempted to obstruct and to influence the ongoing federal investigation by making, in two different interviews with law enforcement agents, false statements about, among other subjects, cash withdrawals he made from LEEBA’s bank accounts, unauthorized withdrawals from LEEBA’s Annuity Fund and from members’ individual accounts, and LEEBA’s payment for certain travel and entertainment expenses for union officers, including WHITTICK and WYNDER.

WYNDER, 56, of Stroudsburg, Pennsylvania, is charged with one count of wire fraud, which carries a maximum penalty of 20 years in prison.

WHITTICK, 50, of Kingston, New York, is separately charged with one count of obstruction of justice, which carries a maximum penalty of 20 years in prison, and two counts of false statements to federal investigators, each of which carries a maximum penalty of five years in prison.

The maximum potential sentences in these cases are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Ms. Strauss praised the outstanding work of the FBI and the Department of Labor OLMS.  Ms. Strauss also thanked IRS-Criminal Investigations, the New York City Comptroller’s Office, and the New York City Department of Investigation for their assistance.

The charges contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Complaints, and the description of the Complaints set forth herein, constitute only allegations, and every fact described therein should be treated as an allegation.