How Come That Kid Who Lives Outside New York City Got My Seat In The Charter School?

   A little known fact was brought out last night about the two New Visions Charter High Schools that will replace the current Kennedy High School starting next school year. Since the two new charter schools are SUNY authorized the admission criteria if different than that of a regular New York City run public school. Of the seats available in each new charter school first preference is given to current students, second preference is given to siblings of those enrolled students, next comes students from the local school district, after that comes students from the entire city school district, and finally all students from any where in New York State have preference on any seats that may still be open.

   Since the application process is over for the two new charter high schools it was reported by New Visions how students were chosen for the two new schools. Since more students applied than there were seats the admission process criteria went into effect. Since this is the first year of the two new charter schools there were no returning students, and there were no siblings of enrolled students either. All district 10 students who applied were given seats, and since there was more demand than seats the remaining seats went to students from the other school districts in the Bronx and other boroughs outside of the Bronx. 

  In a particularly strange note New Visions said that several applicants for seats lived in the city of Yonkers, but because all seats were taken by New York City students the Yonkers residents were not accepted. When questioned the SUNY representative confirmed that according to New York State Charter School regulations it would be possible for out of city students (anywhere in New York State) to attend New York City charter schools.  The City of Yonkers has one charter school located on Warburton Avenue that is a K-8 school, and it could wind up that some of those graduates could find seats in the two new charter high schools that replace Kennedy High School in the future.

   As the State Education Law states that that local school districts fund local charter schools, your New York City tax dollars could wind up paying to educate students from outside of the city. Even worse is that your child may not get a seat in a New York City charter school because the sibling of a child who may live outside the city could wind up with that seat.

Assemblyman Castro Passes Child Care Provider Protections through Assembly

          Assembly Member Nelson L. Castro (D- Bronx County) announced the passage of Assembly Bill A.8243.  This legislation amends the current anti-retaliation laws to add the operation of a group family day care home or family day care.  This bill adds group family day care home and family day care home to the list of protected activities that a landlord is prohibited from targeting a tenant for.

 

            Current state law established by statute and judicial precedent allows for the operation of group family day care homes and family day care home within a residential property.  Landlords are already prohibited from retaliating against tenants that engage in rights protected by New York State Law. 

“This bill will bring a peace of mind to this industry which provides an essential service that enables men and women to continue working for their families and feel secure that their children are well taken care of,” said Tammie Miller, Chapter Chair, UFT Home Day Care Providers.  “We are grateful and pleased that this legislation has passed its first hurdle and we hope that our partners in the Senate will do the same and ultimately Governor Cuomo will sign it into law.”

             “Child care providers have been unprotected and targeted.  Once this legislation passes the Senate and is signed by the Governor, this industry will have a tool to conduct business without fear of harassment or retaliation,” said Assembly Castro.  “Currently there are more than 25,000 child care providers in New York, majority owned and operated by women.  For the past 15 years this industry has made significant contributions to our great state and should receive all the rights and protections afforded to similar establishments.”

This legislation will apply to day cares operated pursuant to section 390 of the social service law, which requires licensing or registration with the Office of Children and Family Services.  The day cares must also be operated out of dwellings that are in compliance with New York State Building and Fire Prevention Code.  

 

Mayor Bloomberg: Worse for Gay Marriage than Me

By Senator Reverend Ruben Diaz Sr.

New York State Senator Reverend Ruben Diaz (D-Bronx) has released the following statement:

"New York City's Mayor Michael Bloomberg has been spending a lot of time and money in Albany to show how much he wants New York’s marriage laws redefined.

If we want to document the facts, one of the biggest impediments to same sex marriage rights in New York has been by Mayor Bloomberg.

In a Manhattan Court in 2005 Justice Doris Ling-Cohen ruled that gay marriage was legal in New York.  At the time this ruling was celebrated as a victory for gay marriage rights advocates.

New York City's Mayor Michael Bloomberg decided that gay marriage was wrong for New York and ordered New York City's attorneys to appeal this decision.  That appeal resulted in New York's highest court ruling that there is no right to marriage for same-sex couples under the New York State Constitution.  That litigation has caused a lot of fighting and has cost a lot of money.

Now this year, because Mayor Bloomberg sees that Goveror Andrew Cuomo and other leaders are getting close to a victory on gay marriage legislation, he has been spending a lot of his money to make people forget what he did.

I believe that Mayor Bloomberg must be credited as having done a lot more than I have done to prevent gay marriage from being legal in New York."

 

Congressman Anthony Weiner Resigns

   Its now official, Congressman Anthony Weiner has resigned after three weeks of trying to stay in his congressional seat. The final blow may have come from his wife Huma when she returned yesterday from an overseas trip with her boss U.S. Secretary of State Hillary Clinton. 

   According to the United States constitution when a vacancy occurs in congress the governor of the state must call a special election within 70 to 80 days after the vacancy occurs. The special election for the 9th Congressional  District could wind up happening on Primary Day September 13th, since the poll sites are in operation on that day. 

   Wiener's resignation announcement came at the same senior center that Weiner announced his candidacy for his first public office of City Council in 1992.

   Names that are being bantered about to replace now former Congressman Anthony Weiner include former City Council members Eric Gioia and Melinda Katz, and current City Councilman Mark Werprin. On the Republican side there is Councilman Eric Ulrich who could be backed by former mayor Rudy Giuliani.

Sen. Rev. Rubén Díaz and Thousands of Evangelicals Will March in the Evangelical Children’s Parade

 

   State Senator Rev. Rubén Díaz states that with more than 50 floats, marching bands, and displays of biblical passages, thousands of Evangelical Christians will march in The Evangelical Children’s Parade which will be held this Saturday, June 18 at 12:00 pm throughout Third Avenue, from 97th Street to 118th Street in “El Barrio”, the heart of the Hispanic community.

Men, women and children will march in support of their moral, traditional and family values.

“It is important that every pastor, congregation and fellow believer join me in this parade to show our community and our state that we will continue to defend our faith in the midst of all the negativity in the world,” stated Senator Díaz.

A platform will be located on 3rd Avenue, between 116th Street and 117th Street, where dignitaries and different personalities will observe the parade.

Senator Rev. Diaz Calls Upon Colleagues to Vote on Rent Regulation Laws Before Any Gay Marriage Vote 

New York State Senator Reverend Ruben Diaz (D-Bronx) released the following statement regarding the New York Rent Regulation laws that are set to expire at midnight on June 15th:

"I am calling upon my colleagues in the Senate to withhold their votes on gay marriage until New York's Rent Regulation laws – which are set to expire tomorrow – are in place.

Even though my colleagues have made their commitments to vote on gay marriage, I urge them – especially the Black and Hispanic Senators – to be strong and withhold their votes until Governor Cuomo protects the State's housing laws.  New York's rent regulation laws protect housing for 2.5 million New York residents – many are poor and needy, and most are Black and Hispanic.  Without these laws in place this week many people will be left in crisis situations.

Before Governor Andrew Cuomo’s Budget was passed, I urged my colleagues – especially the Black and Hispanic Senators – to be sure that Governor Cuomo included New York's rent control and rent regulation laws in the Budget.  I asked them if Governor Cuomo refused to include it, NOT to vote for the Budget.  They decided not to embarrass the Governor who needed our votes and voted for his Budget.  Only Senator Tom Duane and I refused to vote for that Budget because it did not have rent regulation laws in place.

Today, I once again call upon my colleagues – especially the Black and Hispanic Senators – to have the courage to learn from that mistake and to force Governor Cuomo to protect rent regulation laws before they give him their votes for gay marriage.

Once the Governor gets the rent regulation laws in place, then the Senate can vote on the gay marriage law. But the top priority in Albany this week should be to first protect the New York’s 2.5 million residents who will suffer tremendously if our housing laws are not extended."

LIU RELEASES NYC CLAIMS REPORT

Lawsuit Payouts Declined by 7% in FY 2010, But City Agencies Can Do More to Save Taxpayers Tort Claims Payments Once Again Topped Half a Billion Dollars

   New York City Comptroller John C. Liu today released his Claims Report for Fiscal Years 2009 and 2010.* The report, the first under Comptroller Liu’s tenure, provides a comprehensive examination of data regarding claims filed against the City and analyzes recent trends.

Comptroller Liu’s report shows that in FY 2010 the City paid out $520.6 million in personal injury and property damage tort settlements and judgments; seven percent less than FY 2009, when the City paid $559.9 million.

“City agencies generally work hard to serve our residents, but we need to collectively minimize and prevent costly settlements that continue to hover at a half-billion dollars annually.” Comptroller Liu said. “My office will continue to work with Corporation Counsel to reduce the overall cost of litigation and settlements while being fair to people who have been harmed.”

In the Mayor’s Fiscal Year 2012 Executive Budget, the City has budgeted $655 million for the settlement of claims.  Comptroller Liu testified last week that an analysis by his office deemed that number overestimated potential payouts by roughly $50 million.

Tort Claims Detail:

The report found that the New York City Police Department (NYPD), Health and Hospitals Corporation (HHC), and the New York City Department of Transportation (DOT) accounted for 67 percent of total tort claims paid in FY 2010. 

The NYPD surpassed HHC in total claims payouts for the first time in 30 years.  The City paid $135.3 million in FY 2009 and $135.8 million in FY 2010 on behalf of the NYPD.  By comparison, claims against HHC cost the City slightly less, totaling $134.9 in FY 2009 and $134.4 million in FY 2010.

Comptroller Liu cited HHC’s success in risk and litigation management and noted that in addition to the NYPD, the DOT and Department of Education (DOE) may benefit from a pilot program replicating the HHC model of proactive management to reduce the costs incurred by the City.  The Comptroller also suggested the Mayor’s Management Report track and publish agency claims data.

“This would better highlight agency efforts with regards to claims and civil litigation, and identify areas where greater risk management is needed,” Comptroller Liu said.  “By posting this information the City will increase fiscal accountability.”

Non-Tort Claims:

The Comptroller’s Office also settles non-tort claims.  These claims include disputes between contractors and City agencies, salary claims, and Department of Education tuition claims. In FY 2010, non-tort payments jumped to $165.1 million, up from $94.5 million the year before. The primary cause of this increase is DOE tuition reimbursement settlements, which totaled $132.9 million in FY 2010.

DOE tuition reimbursement claims arise when the City is unable to provide the necessary resources to special needs students. As a result, these students attend private schools for instruction and the City pays the tuition after a claim is filed.  Comptroller Liu has recommended that the DOE take a more proactive view of their risk management programs to help drive down these costs. 

Additional Findings:

§  The Comptroller’s Office early settlement of claims is estimated to have saved the City $17.2 million in FY 2009 and $18.2 million in FY 2010, by working in cooperation with other City agencies and streamlining processes.

§  In FY 2010, 2,286 defective sidewalk claims were filed against the City, the lowest number in a decade.  As a City Councilman, Comptroller Liu authored and was the prime sponsor of Local Law 49, which amended the City Administrative Code in relation to liability for sidewalk claims.  As a result of the legislation, the City has seen a significant decrease in the amount of taxpayer funds paid out to settle these claims. 

§  The Comptroller’s Office re-evaluated its agreement with Cybersettle, an electronic settlement program, and determined that the same goal could be accomplished more efficiently by in-house staff than through an outside consultant — saving the City $600,000 annually.

§  The Comptroller’s Office collected a record $1.3 million as part of its Affirmative Claims program, in which the office pursues monetary reimbursement from companies who damage City property.

§  Personal injury claims accounted for 98 and 99 percent of tort settlements in FY 2009 and FY 2010 respectively.

§  The cost of civil rights claims increased 67 percent in FY 2010 to $78.7 million, largely due to a December 2009 class action settlement of $33 million that challenged strip search procedures in Corrections Department facilities.

§  Working with the State Attorney General, the Comptroller’s Office was able to secure $95,000 for a crime victim under the Son of Sam Law, which allows crime victims the opportunity to receive portions of monetary settlements awarded to those convicted of the crime.

Filing an eClaim:

As a result of legislation signed into law on March 24, 2010, the City is required to accept Notices of Claim via electronic means.  As a result of the legislation, the New York City Comptroller’s Office successfully designed, developed and implemented the “eClaim” system within six months of the law, which allows a claimant to electronically file a claim and attach all necessary supporting documentation.

Background:

Under the New York City Charter, the Comptroller is responsible for settling and adjusting claims for and against the City.  The report on claims data is published every two years.

*Data may not include all claims against the City that will ultimately be settled due to a time lag between when a settlement occurs and when settlements and updates are entered into the claims database. For the purpose of this report, “settlement and judgment costs,” liabilities,” “expenditures” or “amounts paid” are used interchangeably with “recorded settlements and judgments.”

Comptroller Liu credited Deputy Comptroller for Legal Affairs and General Counsel Ricardo Morales, as well as the Bureau of Law and Adjustment for their efforts in compiling the report. 

The full report can be viewed at www.comptroller.nyc.gov.

NYC COMPTROLLER JOHN C. LIU COMMENT ON THE CONTINUING CITYTIME FEDERAL INVESTIGATION

 

    Comptroller John C. Liu issued the following statement today:

  “My office’s review of the CityTime project, which defrauded taxpayers of millions of dollars, has not interfered with the ongoing criminal investigation, nor have we been informed that it has.  We applaud the U.S. Attorney for charging seven people and recovering $28 million to date.  We are committed to working cooperatively with all law enforcement agencies.”