Attorney General James Wins Lawsuit Against Former Ice Cream Shop Owner For Filing False, Race-Based Police Report and Use of Racist Intimidation Tactics and Violent Threats

 

Former Owner of Bumpy’s Polar Freeze Forced to Pay Peaceful BLM Protesters He Harassed, Threatened, and Pulled Weapons On First Lawsuit Utilizing AG’s Authority to Prosecute False, Race-Based Police Reports and First Lawsuit Brought by AG James’ Hate Crimes and Bias Prevention Unit

 New York Attorney General Letitia James today announced that a judge ruled in her favor in a lawsuit filed against the former owner of Bumpy’s Polar Freeze, a popular ice cream shop in Schenectady, New York, for discrimination, harassment, making violent threats, and filing false, race-based police reports against peaceful protesters. The decision resolves a March 2021 lawsuit against the former owner of Bumpy’s, David Elmendorf, for multiple racist and discriminatory actions he took in violation of the law shortly after the ice cream shop’s allegedly racist hiring practices came to light last year. In altercations with peaceful Black Lives Matter protesters, Elmendorf brandished several weapons and made death threats in an effort to stop protests, while simultaneously using a number of offensive, racial epithets when referring to Black protesters. Following the altercations, Elmendorf called the police and falsely claimed protesters were brandishing weapons as he used their race and color as the reason for the call.

As part of the judgment, Elmendorf is required to pay $500 to each of the nine victims he harassed and threatened and is permanently enjoined from making future threats to intimidate, coerce, harass, or use physical violence against any persons or group of people because of their race, from having or brandishing a deadly weapon within 1,000 feet of any peaceful protest, from communicating with any of the victims from the incident, and from creating false reports with the police based on a person’s skin color.

This lawsuit was the first brought by Attorney General James’ Hate Crimes and Bias Prevention Unit and was the first lawsuit under a new authority granted to Attorney General James by the state legislature last year, allowing her office to prosecute those making false, race-based police reports to local police.

“There is zero tolerance for harassment, intimidation, or violence of any kind against anyone in New York,” said Attorney General James. “As this nation continues to be plagued by division and hate, this decision sends a critical and clear message that those who perpetuate racism and discrimination, including filing false, race-based police reports, will be held to the fullest extent of the law. This is an important step forward, but our work isn’t over — we will continue to work tirelessly to ensure that every New Yorker feels safe and protected.”

Last June, text messages allegedly authored by Elmendorf circulated on social media, revealing the use of racial epithets and Elmendorf’s refusal to hire Black individuals. In response, Black community groups — including Black Lives Matter — as well as hundreds of others protested against Elmendorf on private property near Bumpy’s. Over a period of two days, Elmendorf then terrorized peaceful protesters by making several armed, racist death threats with both a .22 caliber air rifle and a baton. Additionally, Elmendorf called local police and made false reports — claiming protesters were armed, when, in fact, no protesters were carrying any weapons.

The lawsuit charged Elmendorf with intending to choose his victims based on race, in violation of New York Civil Rights Law (NYCLR) § 79-n, as well as violating their ability to practice their civil right to peacefully protest when he threatened to use physical force and harassed protesters with racial slurs, under New York Civil Rights Law § 40-c.

Additionally, for the first time since the passage of the additional provision in NYCLR § 79-n last summer, Attorney General James brought a charge against an individual for filing a false, racially-motivated police report. Last year, following the high-profile case against Amy Cooper, a white woman who called 911 on an innocent Black birdwatcher in Central Park, the state legislature passed a law giving Attorney General James the authority to sue any person who — when motivated by racial or other bias — “summons a police officer…without reason to suspect a violation of the penal law.”

“I thank Attorney General Letitia James and the staff of the New York Attorney General’s Office for their professionalism and dedication to justice for our community,” said Schenectady County Attorney Christopher H. Gardner. “This decision demonstrates that government, at all levels, is committed to seeking justice for all members of our community. When I requested the Attorney General’s assistance to help address this difficult situation, she did so immediately and without hesitation.”

“This outcome sends a clear message that racism and hatred will not be tolerated in our community,” said Schenectady Mayor Gary McCarthy. “On behalf of the city of Schenectady, I would like to thank Attorney General James and her team for their dedicated work on this historic case.”

“As a member of Schenectady Clergy Against Hate, I want to applaud Attorney General James for asserting that racism and discrimination has no place in our community,” said Rabbi Matt Cutler, Schenectady Clergy Against Hate. “We also applaud Justice Michael Cuevas for levying the maximum penalty per victim as permitted by law. We as people of faith believe that it is our moral imperative to eradicate hatred wherever it exists. We will use whatever tools we have before us — education, criminal prosecution, civil liabilities claims, the media, the pulpit, peaceful gatherings, peer-to-peer advocacy, etc. There is no place for hate in Schenectady County and we stand together as a community to pursue justice!”

“We consider the outcome of this lawsuit to be a victory for the entire community of Schenectady,” said Rev. Nicolle D. Harris, president, NAACP Schenectady Branch #2175. “It demonstrates that acts of racism will not be tolerated. It is the vision of the NAACP to ensure a society in which all individuals have equal rights and there is no racial hatred or racial discrimination. We applaud Attorney General Letitia James because this win against David Elmendorf, the former owner of Bumpy’s Polar Freeze, moves us toward that vision becoming a reality.”

“In June of 2020, All Of Us stood against and called out the racist acts of David Elmendorf, the owner of Bumpy’s Polar Freeze. We were able to successfully shut down the business but not before David himself attacked Black protesters and allies,” said Jamaica Miles and Shawn Young, All Of Us. “We were proud to learn that Attorney General Letitia James’ Office later filed a lawsuit for race-based actions against the peaceful protestors who were calling for justice. The outcome of the case brings us a step closer in our journey to addressing racism in our region and in our state. This is a victory for All Of Us and the community. This is a victory for all who stand against racism. This is a victory for the many businesses that actively support their entire community. Racism thrives in silence and in the dark. We are sincerely thankful for all those in the community who took action to raise awareness around the racist acts of Mr. Elmendorf and the business practices of Bumpy’s, especially those who were willing to relive their traumatic experience testifying about what happened. This process was a collective one. This is what community looks like.”

140 Days and Counting

 

I'm partying so much with my 'Homecoming Concerts'. It's great to be the Mayor of New York City, but my eight years are coming to a close. We have six more days of Andrew Cuomo as Governor of New York State, then caretaker Kathy Hochul will clean out the Governor's mansion so on January 1, 2023 I will be able to move in.

Soon to be Governor Hochul is having a tough time finding a second in command to her, and that only will make my victory even easier next year as we battle for Albany. I am a proven leader, and anyone who has an idea of running with Kathy Hochul should give me a call, because you will have a full four year term, not just a few months as the Lt. Governor.

MAYOR DE BLASIO HOLDS HEARING ON DOMESTIC WORKERS BILL, SIGNS LEGISLATION TO REQUIRE CITY CONTRACTORS TO ENTER LABOR PEACE AGREEMENTS

 

Mayor Bill de Blasio today signed a bill to require city human services contractors to enter into labor peace agreements within 90 days of receiving a city contract and held a public hearing on a bill to protect domestic workers from discrimination under the human rights law.

 

“New York City puts working people first,” said Mayor Bill de Blasio. “These two pieces of legislation are critical, from protecting domestic workers to ensuring New York City remains a union town. I thank Speaker Johnson, Council Member Rose and the City Council for their partnership on these critical issues.”

 

Intro. 2252-A, sponsored by Speaker Johnson, requires city human services contractors to negotiate with labor organizations for a labor peace agreement when a labor organization provides notice to a city human services contractor. To ensure compliance with this requirement, this bill provides that a human service provider must provide an attestation to the City regarding any relevant labor peace agreements no later than 90 days after the human services contractor is awarded a contract.

 

Intro. 339-B, sponsored by Council Member Debi Rose, adds domestic workers to the scope of employees covered under the NYC Human Rights Law, and requires employers to take CCHR's sexual harassment training and give employees a notice of rights. 

 

“As the agency that enforces the NYC Human Rights Law, the NYC Commission on Human Rights fully supports Intro 339 which extends employment protections to domestic workers, one of the fastest growing sectors of the service economy,” said Carmelyn P. Malalis, Chair and Commissioner of the NYC Commission on Human Rights. “Family care-givers, home health aides, and house cleaners are often vulnerable to discrimination and harassment by nature of being a single employee in their workplace. This bill will allow the Commission to apply the protections of the NYC Human Rights Law to domestic workers—ensuring that New Yorkers dedicated to the work of caring can access remedies available to other workers in New York City. We look forward to the signing of this bill, which will help make New York City a safer city for all workers.”

 

“No City dollars should ever be paid out to employers who engage in union-busting and that’s exactly what this new law will help ensure,” said Speaker Corey Johnson. “It will also help give over 200,000 of our City’s essential human service workers the right to organize for the pay and benefits they deserve without fear of retaliation or punishment or interference from their employers. I was proud to have sponsored this in the Council, and I am thrilled it is being swiftly signed into law. I thank my Council colleagues and the de Blasio administration for moving to make this bill a reality.”

 

“Labor peace is now the law of the land – and it’s been a long time coming,” said Henry Garrido, Executive Director, District Council 37, AFSCME. “Workers in the non-profit social and human services sectors have been in crisis. They face dangerous working conditions, rising health care costs, low pay and extremely high turnover. They have been asking for the ability to organize without fear, and it has finally been granted. I want to thank Mayor de Blasio, Speaker Johnson and the entire City Council for standing up for these workers and doing what’s right.”

 

“Int. 339 will right a historical wrong under which domestic workers, for too long, have not been protected from discrimination in the workplace. Domestic workers work behind closed doors doing the essential work of caring for families, people and homes. Now we see that New York City is moving towards a more just workforce in which domestic workers can go to work protected under the New York City’s Human Rights Law. With 200,000 domestic workers in New York City alone, 91 percent are female, 81 percent are immigrants and 32 percent are Black, this move forward to human rights protection in the domestic workplace is a huge advancement for all women of color because domestic workers do the work that make all other work possible!” said Marrisa Senteno and Allison Julient New York Co-Directors of the National Domestic Workers Alliance.

 

Governor Cuomo Grants Clemency to Ten Individuals

 

Commutations Granted to Individuals Demonstrating Remorse, Rehabilitation and Commitment to Their Communities.

 

 Governor Cuomo today granted clemency to ten individuals who have demonstrated substantial evidence of rehabilitation and a commitment to their communities.

"One of the foundational promises of New York State is that of equal justice, and equal compassion, for all under the law," Governor Cuomo said. "Today I'm proud to help fulfill government's unique responsibility to harness the power of redemption, encourage those who have made mistakes to engage in meaningful rehabilitation, and empower everyone to work toward a better future for themselves and their families. These ten clemencies are another step on the long march towards a more fair, more just, more equitable, and more empathetic New York. I thank all the volunteer attorneys representing clemency applicants for their dedication and service to the cause of justice and rehabilitation."

The Governor commuted the sentences of five individuals, and fully pardoned five individuals.

Commutations

Nehru Gumbs, 36, was convicted of first-degree Manslaughter, and second-degree Criminal Possession of a Weapon and Assault in 2005, crimes he committed at 18 years old. He has served 17-and-a-half years out of a 25-year sentence. While in custody, Mr. Gumbs has served as the Youth Counselor at Sing Sing's Youth Assistance Program, earned his Associates Degree in Science (cum laude) from Mercy College, and is enrolled in plumbing & heating vocational programs and a 4-year college program with Mercy College. Upon release, Mr. Gumbs will live with his family, and pursue employment in the plumbing and heating field. 

Jon-Adrian Velasquez, 45, was convicted of second-degree Murder and Attempted Murder, three counts of first-degree Robbery, and first-degree Attempted Robbery, in 1999. He has served 23-and-a-half years out of a 25-year-to-life sentence. After entering the prison system in 1998, he enrolled in a college program through Hudson Link and earned an Associate's Degree in 2012 and a Bachelor's Degree in 2014, graduating with honors from both programs, and was recognized at graduation with an award for outstanding academic achievement and community service. He continues to work with Hudson  Link, helping run their college program at Sing Sing, and since his graduation has worked as a teaching fellow for a Columbia University professor. In 2013, Mr. Velazquez helped establish "Voices FromWithin," an educational initiative combating gun violence through the voices of incarcerated people. The program has been used by the NYC Mayor's Office of Criminal Justice, the Department of Probation, and NYPD as an educational tool. Mr. Velazquez also founded Forgotten Voices, an initiative to bridge the policymaking gap between incarcerated people, DOCCS administrators, and the public. The program has resulted in policy proposals, fundraisers for community youth groups, the establishment of a gun buyback program in Brooklyn, a youth mentorship program, and more. Upon release, Mr. Velasquez will live with his mother, and work to expand programs like "Voices From Within" that he has developed while incarcerated.

George Martinez, 60, was convicted of second-degree Burglary and Attempted Burglary, and fourth-degree Criminal Possession of Stolen Property and Attempted Criminal Possession of a Weapon in 1992, 1995, and 2007. He has served 15 years out of a 17-and-a-half-year-to-life sentence. While in custody, Mr. Martinez has worked towards earning his GED, and has become a well-regarded cook, provided voluntary cooking services for various events, including cooking meals for 200 guests at a ceremony for the New York Theological Seminary. Upon release, Mr. Martinez will live with his son, and continue his work in food services.

Dontie Mitchell, 41, was convicted of first-degree Robbery, Criminal Use of a Firearm, and Attempt to Knowingly Make/Possess Dangerous Contraband in Prison, two counts of first-degree Attempted Robbery, two counts of second-degree Criminal Possession of a Weapon, and fourth-degree Grand Larceny in 1997 and 2003, including crimes he committed at 17 years old and while homeless. He has served 24-and-a-half years out of a 27-to-54-year sentence. While incarcerated, Mr. Mitchell has focused on mentoring other young men who grew up without role models. He has completed coursework for his Associate's Degree through Bennington College, served as a GED tutor, and mentored young men in the Mentoring and Nurturing (MAN) Program. He has served as Youth Chairman of Sing Sing Chapter of NAACP, and as Education Chairman of the Auburn Chapter of the National Trust for the Development of African American Men. Upon release, Mr. Mitchell will live with his mother and stepfather.

Richard "Lee" Chalk, 63, was convicted of two counts of second-degree Murder, two counts of first-degree Robbery, two counts of first-degree Burglary, and second-degree Criminal Possession of a Weapon in 1988, related to an incident in which he was the driver, not the gunman. He has served 33 years out of a 50-years-to-life sentence. While in custody, Mr. Chalk has earned training certificates in various fields, including legal research, food service, sighted guide training, and the Fatherhood & Family Law Program. He has also volunteered with Project Care and the American Cancer Society. Upon release, Mr. Chalk plans to live with family, and plans to obtain a commercial drivers license and resume work as a truck driver. 

Pardons

James Pamphile, 44, was convicted of first-degree Bail Jumping and first-degree Attempted Assault in 2013, and third-degree Assault in 2011. After a childhood in Haiti marred by physical and mental abuse at the hands of family and community members due to his sexual orientation, Mr. Pamphile, an accomplished dancer, has remained crime-free for eight years. A pardon will help allow Mr. Pamphile to remain in the United States.

Ivelisse Castillo, 60, was convicted of third-degree Attempted Criminal Possession of a Controlled Substance in 2001. A regular volunteer at a community garden, a local rehabilitation and nursing home, and her church, Ms. Castillo has remained crime-free for 19 years and is an integral part of her community. A pardon will help Ms. Castillo remain in the United States with her extended family, including her son, mother, sister, and grandchildren.

Jorge Quinones, 47, was convicted of third-degree Attempted Criminal Sale of a Controlled Substance in 1996. Since his conviction, Mr. Quinones has earned a Master's Certificate from Boston University's computer engineering program, and launched a successful career working with various companies in the cybersecurity industry, including building communication helmets for the U.S. military. Crime-free for 25 years, a pardon will help Mr. Quinones remain in the United States with his family, including his wife.

Miriam Ordonez, 40, was convicted of third-degree Attempted Criminal Sale of a Controlled Substance in 1999, when she was 17 years old and working at a coffee shop run by a drug dealer who sought out and took advantage of undocumented children, and Disorderly Conduct in 2016. A survivor of domestic abuse, a pardon will help Ms. Ordonez to remain in the United States with her children, including her newborn baby and two children with unique needs.

Catherine Valdez, 35, was convicted of second-degree Attempted Robbery in 2002, when she was 16 years old. Since her conviction, Ms. Valdez has worked as a professional caregiver, earning a Personal Care Assistant certificate. She is currently working toward earning a Home Health Aid certification, and hopes to become a nurse. A single mother and sole provider to her four children, a pardon will help Ms. Valdez remain in the United States with her family.

MENTAL HEALTH FOR ALL: NEW YORK CITY LAUNCHES FIRST EVER COMPREHENSIVE WEBSITE AND PUBLIC EDUCATION CAMPAIGN TO CONNECT NEW YORKERS TO MENTAL HEALTH RESOURCES

 

Mental Health for All is a citywide effort to promote universal access to mental healthcare during COVID-19 recovery and beyond 

 Mayor Bill de Blasio and First Lady Chirlane McCray today unveiled a new comprehensive website and public education campaign to help New Yorkers navigate all the mental health resources available to them and find substance misuse support that meets their needs.  Mental Health for All builds on the City's longstanding commitment to expand access to mental healthcare for New Yorkers and ensure mental health remains a permanent priority for City government.    

“As we recover from COVID-19 and write the next chapter, we must support the health and well-being of every New Yorker,” said Mayor Bill de Blasio. “This website and public education campaign will ensure that everyone knows where to turn for help when they need it most.”  

“Seven years ago, as we talked with New Yorkers throughout the boroughs, it was clear there was a HUGE need for more mental health and substance misuse services. The pandemic has augmented that need and made it glaringly evident how common and debilitating mental health challenges can be,” said First Lady Chirlane McCray. “More people are realizing that mental fitness is just as important as physical fitness and now, for the first time, New Yorkers will have a one-stop, online connection to all of the new and expanded mental health and substance misuse services available to them through the City.  

The website, MentalHealthforAll.nyc.gov, provides resources for any New Yorker, with any kind of mental health need and is a comprehensive hub with helplines and services that offer a range of free, direct support to meet the diverse needs. NYC Opportunity will manage the digital product, working with other City agencies to ensure it meets users’ needs and continues to evolve to support the City’s goal of connecting people to mental health care services. Ads will run in multiple languages on buses, bus shelters, subways across the City with a focus on neighborhoods that have been hardest hit by COVID-19.

“Last year, we were faced with multiple public health crises, including a mental health crisis as people grappled with the many impacts the pandemic’s uncertainty and isolation brought with it,” said Deputy Mayor for Health and Human Services Melanie Hartzog. “This Mental Health for All resource page helps New Yorkers know where and how to reach out for services they might be in need of, potentially reducing one more stressor from their everyday lives. Thank you to all our City partners that helped develop this important tool.”  

As part of the announcement, Mayor de Blasio also released a new report on the comprehensive mental health support provided to every New Yorker – broken into five groups we are focused on as we recover from COVID-19: 

• Our students and young people. The past year has had a profound effect on our children who have been subject to isolation, different forms of learning, and loss in their families and communities.  
• Our communities of color. COVID-19 didn’t create inequities in mental health care – it revealed and exacerbated them. We will continue to bring additional resources to communities that have been underserved for decades.  
• New Yorkers who want or need help for substance misuse. The opioid crisis hasn’t gone away – and substance misuse has, for many, gotten worse during COVID-19.  
• New Yorkers with serious mental illness (SMI). The COVID-19 pandemic has made it more difficult to stay connected to care. New initiatives help avert crises and provide long-term care that promotes real stability in people’s lives.  
• Every New Yorker who needs help. Everyone has been affected in some way by this past year, and our mission is to go into our communities to ensure every person has the support they need.  

"It's critical that we make City mental health services easy to find, and easy to understand. This website unites City agencies in their missions to provide the best possible services to New Yorkers," said NYC Health Department Executive Deputy Commissioner Dr. Chinazo Cunningham. "Through Mental Health for All, we remind New Yorkers that help is always available, and is often a phone call away." 

"From creating NYC Well to embedding new services directly into communities, New York City has brought more mental health support to more people, and in more ways, than ever before," said Susan Herman, director of the Mayor's Office of Community Mental Health. "As New Yorkers continue to feel the mental health effects of COVID-19, Mental Health for All will make it even easier to find the right support, right when it's needed."  

“We applaud the creation of this valuable tool that helps eliminate some guessing from where and how to access mental health services in our City,” said NYC Health + Hospitals Deputy Chief Medical Officer and Director of the Office of Behavioral Health Charles Barron, MD. “As we continue to break down stigmas around mental health, our hope is that more and more people proactively seek the care they need. Resource pages like the Mental Health for All webpage makes this easier for all New Yorkers in need.” 

“Mental Health for All is an essential new digital tool to support New Yorkers with their mental health care needs during the pandemic and beyond,” said Matthew Klein, Executive Director of the Mayor’s Office for Economic Opportunity. “We are proud to work with our colleagues in City government to help make it as easy as possible to find and access mental health resources – services that are so critical for New Yorkers to live to their fullest potential.”

 Nearly 1.6 million adult New Yorkers experience mental illness every year, and the COVID-19 pandemic has deepened and expanded mental health needs. Prior to the pandemic, approximately 9% of adult New Yorkers experienced symptoms of depression each year. At the height of the pandemic, 44% of adult New Yorkers reported symptoms of anxiety due to COVID-19, 36% reported symptoms of depression, and 35% of adults with children reported that the emotional or behavioral health of a child has been negatively affected. And even before pandemic, New Yorkers of color were at greater risk of mental health challenges yet received less mental health care than white New Yorkers – the pandemic has exposed and exacerbated these disparities.       

Under the de Blasio Administration, New York City has embraced the mission to provide universal support and access to care. The City has guaranteed health care to every New Yorker, which includes mental health support. Through the Mayor’s Office of Community Mental Health, in partnership with more than a dozen City agencies and nearly 200 community organizations, we have closed critical gaps, brought resources to those most in need and given New Yorkers simple, direct ways to connect to care. The City has also expanded mental health support for public school students, with social-emotional learning in every school and universal screenings beginning this school year. Mental Health for All brings many of these resources together so those experiencing emotional and behavioral health challenges can easily find the support that's right for them.

Conservative Party Bronx Fundraiser for Bill Pepitone for Mayor

 

Comptroller Stringer’s Investigation Reveals Failures in the City’s Preparation and Response to COVID-19, and Outlines Recommendations to Plan and Prepare for Future Public Health Emergencies

 

The lack of an operational plan for responding to a pandemic, delayed operational planning for a moderate to severe outbreak, weak resource management and inadequate data collection, expired stockpiles of PPE, and insufficiently clear roles and responsibilities of New York City Emergency Management (NYCEM) all combined to leave the City unprepared to protect its residents against COVID-19

Comptroller Stringer recommends the City complete its citywide operational plan for future pandemics; develop and update citywide operational plans for other emergencies; identify and maintain stockpiles of critical supplies; improve collection and dissemination of information related to critical resources; and review NYCEM’s capability to coordinate and support emergency responses

The Appellate Division’s recent decision affirming the investigation is “within the broad fiscal watchdog investigatory powers of the Comptroller” will enable the office to continue its independent review of the City’s pandemic planning, preparation, and response, and to make additional recommendations to help the City most effectively fight COVID-19 and prepare for future emergencies when they inevitably arise

Today, New York City Comptroller Scott M. Stringer released the interim report of an ongoing investigation into the City’s planning and preparation for and response to the COVID-19 pandemic that describes ways in which the City’s initial response to COVID-19 was hampered by a lack of planning, coordination, and preparedness across City government, and outlines recommendations to help the City to improve its ongoing response to the COVID-19 pandemic and to better prepare for future public health emergencies. The Comptroller’s investigation — which is ongoing due to the City’s refusal to submit necessary documents and witnesses for examination — found the City, prior to COVID-19, never completed a citywide operational plan for responding to a pandemic and delayed developing a citywide operational plan for a moderate to severe COVID-19 outbreak. The investigation also identified gaps in the City’s emergency resource management, finding the City lacked critical information about key resources, including the number of available hospital beds in City hospitals and the amount of usable personal protective equipment (PPE) in City stockpiles. The investigation further found that New York City Emergency Management (NYCEM) encountered difficulties performing aspects of its City Charter-mandated planning and coordination duties during the run-up and initial response to COVID-19, raising questions about its capabilities, capacity, and resources.

“The COVID-19 pandemic threw our city into crisis, upending lives and livelihoods and exacerbating longstanding inequities in our most vulnerable communities. We lost 35,000 of our neighbors and loved ones, 900,000 jobs, and thousands of businesses,” said Comptroller Stringer. “We will never forget who and what we lost, and we cannot erase the mistakes of the past. But we can make sure we are better prepared for future emergencies and the next pandemic. Our investigation shows weaknesses in planning and preparation and failures to promptly make decisions when time was of the essence and every minute counted. As the pandemic continues to rage across the country and around the world, we must take stock of what we’ve learned. That means making sure we have a complete citywide operational plan in place for the next emergency, ensuring we have sufficient supplies and equipment, and guaranteeing our City agencies are coordinated and unified. The next emergency isn’t a matter of ‘if’ — but ‘when’. We must be confident that when the next crisis strikes, we will know exactly what to do and have the tools in our arsenal to beat back whatever comes our way.”

Comptroller Stringer’s investigation found the following:

• The City never completed a citywide operational plan for responding to a pandemic prior to COVID-19.
  • City records show that officials searched for a plan for a citywide pandemic response when COVID-19 emerged in January 2020 but found outdated and unfinished guidance of limited value.
  • The pandemic plan in effect for the City at the beginning of COVID-19 was a 2013 Draft Pandemic Influenza Operational Plan prepared by the Department of Health and Mental Hygiene (DOHMH). In January 2020, when the threat of COVID-19 became known to the City, the 2013 plan was still incomplete, had not been updated for seven years, and was not of use to City officials responding to COVID-19. The 2013 Plan recognized the need for further operational planning and identified areas that needed to be developed, including the need to:
    • plan for the supply chain and distribution of antivirals;
    • draft “pandemic-related materials” for the general public and healthcare professionals;
    • prepare “‘just-in-time’ infection control training;”
    • identify “[t]riggers” for school closures; and
    • resolve a wide variety of “major policy issues.”
  • 13 plans were identified as available to the City as of January 1, 2020 that appear related to some aspect of a pandemic response, all of which were either incomplete, out of date, or lacked operational guidance to direct the City’s pandemic response.

• Citywide operational planning for a moderate to severe COVID-19 outbreak was delayed.
  • The City’s efforts to create a citywide operational plan to respond to the potential worst-case scenario — a moderate to severe COVID-19 outbreak in the City — did not begin in earnest until mid-to-late February 2020. In February, City agencies were discussing whether to begin planning for the worst-case scenario.
  • E-mail documentation indicates that substantive inter-agency efforts to develop citywide plans for the COVID-19 response did not begin until early March 2020.
  • Key planning activities to address the need for additional hospital capacity, sheltering vulnerable populations, and preparing for a potential citywide shutdown continued weeks into the crisis, by which time the City had thousands of confirmed COVID-19 cases.

• The City encountered weaknesses in its emergency resource management which became apparent as it prepared for COVID-19.
  • The City did not adequately collect data regarding available emergency resources prior to the onset of the pandemic. As a result, when the first case of COVID-19 was diagnosed in the City, authorities did not have current, reliable information about those resources, including the number of available hospital beds in the City at any given time, the total amount of usable PPE that City agencies possessed in the City’s stock, or even the City agencies that used PPE as part of their regular operations.
  • City agencies had to be individually surveyed for the City to determine how many N95 masks it owned — and to discover that its entire supply of the N95 masks that provide the highest level of protection, surgical-grade N95 masks, had expired years earlier.

• The role and responsibilities of NYCEM were insufficiently clear.
  • New York City Emergency Management (NYCEM), the City agency responsible for coordinating its planning for and response to emergencies, struggled to perform its City Charter-mandated planning and coordination duties during the run-up and response to COVID-19.
  • Agency roles in emergency response are defined by the Citywide Incident Management System (CIMS), which specifies that DOHMH, the New York City Fire Department (FDNY), and the Police Department (NYPD) — not NYCEM — are the primary City agencies for citywide public health emergencies and should serve as the COVID-19 command element. CIMS identifies NYCEM’s role as a primary agency only for responses to natural disasters or weather emergencies unless otherwise specifically designated. However, in internal documents and in communications with other agencies, NYCEM repeatedly — and incorrectly — asserted that it was leading the City’s COVID-19 preparation and response efforts with DOHMH. DOHMH officials found themselves repeatedly correcting NYCEM to make it clear that DOHMH is the lead agency for COVID-19 response.
  • NYCEM did not consistently coordinate response efforts with DOHMH, NYPD, and FDNY — excluding these critical agencies from key decision making and communications. E-mails between agency officials indicate at minimum significant confusion among City agencies about responsibilities in the COVID-19 response.
  • NYCEM also struggled to support other agencies critical to the City’s COVID-19 response, including by failing to address a critical request from the Office of the Chief Medical Examiner for additional morgue space for a week, and requested that other agencies support NYCEM operations, despite NYCEM’s support role.

Comptroller Stringer outlined the following recommendations that the City should implement to improve preparation, planning, and response efforts for the next pandemic and other public health emergencies:

• Create, complete, and regularly update a citywide operational plan for future pandemics.
  • Although the City recognized that it needed a citywide operational pandemic plan, it did not have one at its disposal when COVID-19 struck. Such a citywide operational pandemic plan should be created setting forth at an appropriate level of detail clear operational duties and organizational structures.
  • The citywide operational pandemic plan must specifically identify what tasks will need to be done, who will be responsible for each task, how each task is to be completed, and what resources are required to complete each task, relying on appropriate authoritative guidance, such as from FEMA or other subject matter experts.
  • The citywide operational pandemic plan should be readily accessible to key decision makers and any others responsible for its implementation, and be regularly updated.
  • The City must ensure that procedures are established to frequently review and regularly update the City’s operational emergency plan.

• Promptly conduct a thorough review of the City’s emergency planning to develop and update citywide operational plans for potential threats other than pandemics.
  • The City should promptly conduct a thorough review of its emergency planning to ensure that it has complete, up-to-date, citywide operational plans for any threats other than pandemics that may require a citywide response.
  • Consistent with the drafting of updated pandemic plans, any plans created or updated pursuant to this review should include clear operational tasks and organizational structures based on appropriate authoritative guidance and be easily available to relevant stakeholders.
  • Procedures should be established to ensure that all plans are regularly reviewed and updated as necessary.

• Identify and maintain stockpiles of critical supplies, and implement controls to timely identify, procure, and replace stocks.
  • The City must identify and maintain stockpiles of critical supplies that are likely to be unavailable, either due to supply or demand, in the case of potential emergencies.
  • Systems and controls should be implemented to ensure that stockpiles remain available and usable in case of an emergency.
  • The determination of what critical supplies must be maintained and decisions concerning the management of those stockpiles should be made in consultation with the commissioners of each agency that would be called on to respond to an emergency.
  • Decisions to cease maintaining stockpiles of specific supplies or to reduce the level of supplies in City stockpiles should be made in consultation with the commissioners of each of the agencies identified at the time the stockpile is established as likely to draw on the stockpile in the event of an emergency.

• Improve the data collection, management, and dissemination of information needed by decision makers and emergency response agencies.
  • The City should improve its systems for collecting, managing, and disseminating critical data related to resources needed to respond to emergencies.
  • Processes to ensure that critical information is shared quickly and widely to all potential agency stakeholders should be developed.
  • Commissioners of each agency that would be called on to respond to an emergency should be consulted to determine what information constitutes critical data requiring collection and dissemination.

• Review NYCEM’s capability to fulfill its Charter-mandated planning, coordination, information sharing, and support roles, clarify NYCEM’s role in emergency responses, and provide the support needed for NYCEM to fulfill its roles.
  • The City should review NYCEM, including its structure, resources, and budget, to determine its abilities to plan for emergencies, to coordinate and support emergency response efforts, and to facilitate information sharing among City agencies.
  • Consistent with the City Charter and CIMS, the City should clarify NYCEM’s emergency response roles, in particular in relation to emergencies where NYCEM is not designated as a primary agency.
  • Based on that review and clarification, the City should ensure that NYCEM has sufficient resources and authority to fulfill its roles.

The Comptroller’s authority to conduct this investigation was recently affirmed by the First Department of the Appellate Division. In November 2020, Comptroller Stringer took court action to force the City to comply with a subpoena issued pursuant to his investigation into the City’s preparedness for and response to the COVID-19 pandemic. Following months of stalling and refusals to fully comply with the subpoena issued in June 2020, the Comptroller filed a petition on November 18, 2020, in New York County Supreme Court seeking a court order to compel the City to promptly and completely comply with the subpoena. The petition detailed how the City consistently stymied the production of documents, repeatedly missed production deadlines, several of which the City set for itself, and declared it would not be able to provide all requested documents until April 2021 at the earliest — nearly a year after the Comptroller launched the investigation. In its response to the Comptroller’s action, the City claimed that it would not be able to comply with the subpoena until November 2021.

The authority of the Comptroller’s Office to conduct the investigation and to issue its subpoenas in connection with its investigation was upheld by order of the Supreme Court on December 16, 2020. To read the decision click here. On August 12, 2021, the Appellate Division, First Department, unanimously affirmed the Supreme Court decision upholding the authority of the Comptroller’s Office to conduct the investigation and issue its subpoenas. To read the Appellate Court’s decision, click here.

To read Comptroller Stringer’s investigation of the City’s response to the COVID-19 pandemic, click here.

Councilman Gjonaj Book Bag Giveaway and More at Loreto Park

 

Councilman Mark Gjonaj said that he is going to finish out his term which ends on January 1, 2022. "I will continue to do my job of serving the people of the 13th Council District until my last day as your councilman, that being December 32, 2021" Gjonaj told people at Monday's 'Book Bag and More' giveaway. 

Councilman Gjonaj gave out over one hundred book bags, but he also gave out dinosaur face masks to the children, the famous Gjonaj whistle key chain that attaches to ones arm, information, hand sanitizer, and of course school supplies inside the book bags. 

The event was held in front of the fence of Loreto Park where construction has stalled on redoing the softball field for the community, which will not meet its scheduled September completion date. 

What Councilman Gjonaj will do comes January 1, 2022, is to be seen, as he would not give any hints. He said that he will work hard every day, and then see comes January first where he can be effective in the community he lives in.

First stop was to get some hand sanitizer to make sure one's hands were germ free.

Councilman Gjonaj giving out some dinosaur face masks to children.

People wanted their photo with councilman Gjonaj, and you can see a Gjonaj whistle on the left arm of the girl standing in front of Councilman Gjonaj.

49 Precinct Youth Coordinator Officers Hernandez and Fernandez who helped on the book bag giveaway, join Councilman Gjonaj in this photo.

Members of the Morris Park Community Association also helped Officers Hernandez and Fernandez, and Councilman Mark Gjonaj in the Book Bag Giveaway event.