Friday, January 19, 2018

NEW YORK CITY FILES AMICUS BRIEF TO DEFEND LABOR UNIONS’ RIGHT TO COLLECT FEES


Legal papers defend union rights to collect essential fees from all public employees benefiting from collective bargaining

  Mayor Bill de Blasio and Corporation Counsel Zachary W. Carter today announced that the City of New York has filed an amicus brief with the U.S. Supreme Court in Janus v. American Federation of State, County, and Municipal Employees, Council 31, et al., to defend a legal right that labor unions view as crucial to their success and survival. The City’s amicus brief, along with the briefs of labor leaders, states from across the country, dozens of cities and counties large and small, public schools and hospitals, economists – including three Nobel laureates, constitutional law and labor law professors, members of the clergy across all faiths and faith-based organizations, private and public sector employers, governors, and a large number of nonprofits and foundations whose mission it is to ensure human dignity, equality and fairness to our economy, and others, was filed Friday.

At issue in Janus is the ability of unions to collect fees (known as “agency shop fees”) from public employees who elect not to join a union but nonetheless benefit from union collective bargaining activities. For over forty years, the Supreme Court has upheld the constitutionality of agency shop fees, but plaintiffs in Janus now seek to change the law and limit union rights.

“New York City is the city it is today because of the hardworking unionized men and women who built it and run it. Our city is stronger because of unions’ ability to organize and fight for all of our rights. Especially in the face of our current political climate, we should be bolstering tools for empowering and protecting workers not making them more difficult to come by,” said Mayor Bill de Blasio.

The City’s brief explains how New York City pioneered collective bargaining for public employees and how the City adopted agency shop fees to protect workers and the public through a fair and effective collective bargaining system. The fees are modeled after successful private-sector labor relations strategies.

“Prohibiting agency shop fees would strip jurisdictions like New York City of a tool that has for years helped foster productive relationships between governments and their public workforces. Agency shop fees have strengthened a collective bargaining process that has worked for us for nearly half a century,” said Corporation Counsel Zachary Carter.

Collective bargaining activities in New York City are time- and resource-intensive and require extensive expertise from both the government and union sides. Agency shop fees finance the provision of tools for negotiation and mediation that help resolve disputes for the benefit of public workers and city residents.

The entire 43 page amicus brief can be found here.

Marble Hill Houses - Town Hall on NYCHA concerns January 23rd


  Join the Tenants of Marble Hill, Congressman Adriano Espaillat , Manhattan Borough President Gale Brewer, State Senator Marisol Alcantara , NYS Assembly Members Carmen De La Rosa and Jeffery Dinowitz, NYC Council Members Ydanis Rodriguez, Fernando Cabrera, and Andy Cohen as they host a town hall to discuss several concerns in the Marble Hill Houses such as lack of heat , security, etc. The Town Hall will be held on Tuesday, January 23rd at 7:00pm at St. Stephens Church located at 146 W 228th Street BX, NY 10463.  

STATEMENT FROM BOROUGH PRESIDENT DIAZ RE: Fix NYC Congestion Pricing Plan


  “Though I have been a critic of congestion pricing in the past and still remain skeptical, the plan released today by Governor Cuomo and his Fix NYC panel offers a wide variety of innovative suggestions on how we can raise funds and reduce congestion in Manhattan, and is fairer and less regressive than simply tolling the East River bridges. However, the burdens of this new proposal must be examined carefully.

“If a congestion pricing proposal is implemented in Manhattan, the funds raised must be earmarked to repair our city’s subway system by establishing a dedicated fund for New York City Transit. I look forward to further examining this proposal in the coming months,” said Bronx Borough President Ruben Diaz Jr.

Engel On House Passing Yet Another Continuing Resolution


  Congressman Eliot L. Engel, a top member of the House Energy and Commerce Committee, issued the following statement on the House’s passage of a new continuing resolution:

“This is the fourth short-term spending bill this fiscal year. Despite controlling the House, the Senate, and the White House, Republicans have been unable to adequately fund the government.

“This new continuing resolution (CR) ignores funding for veterans’ health care, the opioid crisis and disaster aid. It provides for CHIP, but by failing to fund Community Health Centers it doesn’t provide a place for many of these children to get the medical attention they need. And by ignoring DACA, this CR continues to leave our DREAMers, who are still facing a March deadline, with uncertainty and fear. The fact is this CR represents a failure to address many of the most pressing issues facing our nation. 

“The Republicans squandered months of time working on a disastrous tax bill that hurts the middle-class and New York, while rewarding big corporations and the top one percent. That’s time that could have been much better spent.

“Working month to month is not the way to run the government. And ignoring the needs of Americans is not the American way.”

MAYOR DE BLASIO DEDICATES $13 MILLION TO SPEED NYCHA RESPONSE TO HEAT OUTAGES AND REPLACE EQUIPMENT AT HARDEST-HIT BUILDINGS


  Mayor Bill de Blasio announced a $13 million investment to help NYCHA rapidly respond to heating emergencies and replace failing equipment. This funding will replace several boiler systems experiencing chronic outages, secure mobile boilers for emergencies, hire temporary repair staff and seal windows to reduce heat loss. This winter brought the longest stretch of below-freezing days since 1961, straining many NYCHA buildings’ aging heating systems to the breaking point. The new funding will immediately enable the agency to repair equipment faster, and maintain heat under emergency conditions.

“All New Yorkers deserve heat and hot water. While NYCHA has been working around the clock to keep our boilers working, these record cold temperatures are hard on our aging heating systems,” said Mayor Bill de Blasio. “This new investment will help us continue to respond to outages immediately, replace boilers in hardest hit buildings and keep tenants warm.” 

“This investment will address some of our most problematic infrastructure through this recent cold spell and also increase staffing so we can respond to outages faster,” said NYCHA Chair and CEO Shola Olatoye.“This support from Mayor de Blasio will literally keep the heat on in thousands of NYCHA homes and is critical in our efforts to improve service for residents.”

This winter, NYCHA will:

·         Hire 57 Repair Staff to help respond to boiler outages. This will boost total staff and contracted personnel maintaining boilers from 389 to 446.
·   Rent 3 Mobile Boilers to have on-hand for heating emergencies. Having this equipment stored on site and ready for immediate deployment will reduce the time needed to restore emergency heat resulting from catastrophic outages from weeks to approximately 24-48 hours.
·    Seal and Repair 9,600 Windows at NYCHA senior apartments to ensure these windows are properly sealed, keeping heat inside the unit. 

To prepare for next winter, NYCHA will:

·  Replace 8 boiler plants at Union Avenue and Claremont Houses, two developments with chronic outages.
· Install 7 gas-fired, winterized boilers at Patterson, Independence and Pelham Parkway Houses, three developments with recent heating problems. These cleaner, more efficient and more reliable boilers will replace the oil-fired boilers that are experiencing outages.
· Buy 5 New Mobile Boilers to have on-hand to provide emergency heat rapidly following major outages.

Since 2014, NYCHA has invested nearly $300 million in heating and plumbing, and has received a $109 million grant from FEMA to replace or repair 67 boilers at 17 developments.

The de Blasio Administration has made an unprecedented commitment to preserve and strengthen public housing. Since 2014, the City has invested $1.3 billion to fix nearly 1,000 roofs and $555 million to repair deteriorating exterior brickwork at more 400 buildings. The Mayor also waived both NYCHA’s annual PILOT payment and NYPD payment, relieving NYCHA of nearly $300 million in operating expenses since 2014.

MAYOR SIGNS LEGISLATION TO HELP LIMIT CONSTRUCTION NOISE


   Mayor Bill de Blasio signed legislation into law, authored by Council Member Ben Kallos in collaboration with DEP, aimed at reducing overnight and weekend construction noise and making New York City more livable. Intro. 1653-B allows inspectors to take noise readings from the roadway or sidewalk, rather than requiring that the reading be taken from inside of a complainant’s apartment, empowers inspectors to shut down equipment that is too loud, and calls for new rules for responding when the noise is most likely to happen again.  In addition, construction companies will be required to electronically file noise mitigation plans, which will make it easier for inspectors and the public to review online.

“Noise pollution has gotten out of control when your alarm clock has been replaced by a jackhammer. But the incessant din of construction doesn’t have to be the reality of living in a big city. We can do something about it,” said Mayor de Blasio. “This legislation is giving city inspectors the tools they need to damp down the racket, protecting New Yorkers’ health and offering some peace and quiet in the city that never sleeps.”

“Working with the City Council, this legislation will empower our noise inspectors with new tools to more effectively enforce the City’s Noise Code,” said DEP Commissioner Vincent Sapienza.  “By lowering the allowable after hours noise limit in residential areas, allowing inspectors to take noise readings from the street, rather than from inside an apartment, and empowering inspectors with the ability to issue a stop work order for noisy equipment, this legislation should help bring some much needed relief to New Yorkers.”

“New York City may be the city that never sleeps but that shouldn’t be because of after hours construction noise waking you up. Our new law will turn down the volume on after hours construction noise in residential neighborhoods,” said Council Member Ben Kallos. “Thank you to Mayor Bill de Blasio for signing this bill into law and to Department of Environmental Protection Commissioner Vincent Sapienza for his agencies expertise and collaboration on this legislation, as well as to the countless residents who have complained regularly about after-hours noise, which led to this legislation to keep our city a little bit quieter.”

NYPD 50th Precinct BLOOD DRIVE Thursday January 25th 8 AM - 4 PM


NYPD 50th Precinct  
BLOOD DRIVE

Give the gift of life!
Donate blood!
People can’t live without!

Thursday, January 25th
8am - 4pm / Muster Room
3450 Kingsbridge Ave, Bronx

Walk-Ins welcome!

Please bring photo ID and eat before donating blood!

For more information about eligibility:

Call: 1-800-933-2566 or Visit: www.nybloodcenter.org

Wednesday, January 17, 2018

Alleged Al Qaeda Associate Charged With Conspiring To Kill Americans And Other Terrorism Offenses


Christian Ganczarski, a German National, Provided Logistical and Technical Assistance to al Qaeda and Maintained Relationships with Core al Qaeda Leadership, Including Osama Bin Laden

   Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Dana J. Boente, Acting Assistant Attorney General for National Security, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Police Commissioner of the City of New York (“NYPD”), announced today that Christian Ganczarski, a/k/a “Abu Mohamed,” a/k/a “Abu Mohamed al Amani,” a/k/a “Ibrahim,” a/k/a “Ibrahim the German” (“Ganczarski”), has been charged in a Superseding Indictment unsealed in the Southern District of New York with conspiracy to kill United States nationals, providing and conspiring to provide material support and resources to terrorists, and conspiring to provide material support and resources to al Qaeda.  The United States is seeking GANCZARSKI’s extradition from France.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Christian Ganczarski, a German national, allegedly provided critical support to the most prolific terrorists of our time.  Today we publicly announce charges against Ganczarski alleging that he participated in the planning of plots to kill Americans with high-level al Qaeda terrorists Khaled Shaikh Mohammad, Usama bin Laden, and others.  The unsealing of the indictment exemplifies this Office’s commitment to the relentless pursuit and prosecution of those who seek to harm Americans.”

Acting Assistant Attorney General Dana J. Boente said:  “According to the superseding indictment, between 1999 and 2001, Ganczarski regularly interacted with members of al Qaeda leadership who were responsible for terrorist operations, and provided them with the knowledge and technology to carry out attacks against the U.S. military and its allies.  This case demonstrates the National Security Division’s resolve to find and bring to justice, terrorists who target U.S. interests in any part of the world.  I want to thank all of the prosecutors, agents and analysts who made this result possible.”

FBI Assistant Director William F. Sweeney Jr. said:  “As alleged, Ganczarski willingly supported the goals of al Qaeda, immersing himself in social circles that included the likes of Usama bin Laden and one of the future hijackers in the September 11 attacks, among others.  He allegedly participated in efforts to kill Americans by providing technological support and guidance, and arranged meetings between senior officials in the organization and other like-minded individuals bent on future attacks against U.S. interests.  While he’s spent the past fifteen years behind bars in France, we haven’t forgotten his allegiance to those who have threatened our interests both at home and abroad.  We will continue to work with our international partners to mitigate the threat of global terrorism, bringing to justice everyone who participates in or materially supports this crime.”

NYPD Commissioner James P. O’Neill said:  “As alleged, Christian Ganczarski worked for al-Qaeda, lived in its camps and guest houses.  He rubbed shoulders with Osama Bin Laden and the men who planned and executed plots from the bombing of US embassies in East Africa that killed 225 people, to the 9-11 attacks that cost 3000 lives, most of them here in New York City.  Ganczarksi allegedly provided al-Qaeda with expertise in logistics, computers, radio communications and the maintenance of weapons systems that would be used against Americans soldiers after the 9/11 attacks.  This case is another example of the work of the FBI agents and NYPD detectives of the Joint Terrorism Task Force.  There is no time too long, or place to far, or suspect out of reach when it comes to bringing terrorists, or those who aid them to justice.”

As alleged in the Superseding Indictment unsealed in federal court:[1]

Al Qaeda is an international terrorist organization dedicated to opposing non-Islamic governments with force and violence.  The organization was founded by Usama bin Laden and Muhammad Atef, a/k/a “Abu Hafs el Masri” (“Abu Hafs el Masri”), and was headquartered in Afghanistan since approximately 1996.  Bin Laden served as the leader or “emir” of al Qaeda until his death on or about May 2, 2011. 

Al Qaeda has a command control structure that included a majlis al shura (or consultation council) that discussed and approved major undertakings, including terrorist operations.  Bin Laden and Abu Hafs el Masri sat on the majlis al shura of al Qaeda, as did others, including Saif al Adel.  Khaled Shaikh Mohammad, a/k/a “Mukhtar,” devised, planned, and facilitated terrorist operations for al Qaeda, and he also assisted in the preparation of promotional media used by al Qaeda to advertise its terrorist agenda and attract recruits.

Ganczarski, a German citizen born in Poland, traveled from Germany to Pakistan and Afghanistan on at least five separate occasions between 1999 and 2001.  During these trips, GANCZARSKI became associated with al Qaeda and developed personal relationships with bin Laden, Abu Hafs el Masri, al Adel, and Mohammad.  GANCZARSKI lived at times with his family at al Qaeda’s fortified compound near Kandahar, Afghanistan.  At other times, GANCZARSKI lived in guest houses and other facilities operated by al Qaeda in Afghanistan.  GANCZARSKI participated in al Qaeda’s efforts to kill Americans in a number of ways, such as providing al Adel and other al Qaeda members with technological guidance and hardware, including computers, radios, and other communications equipment. 

In approximately January 2000, GANCZARSKI attended a speech delivered by bin Laden at al Qaeda’s headquarters in Kandahar.  The January 2000 speech was attended by at least 100 men, including, among others, many significant al Qaeda leaders and terrorists, such as at least one of the plotters in the August 1998 bombings of the U.S. Embassies in East Africa, and one of the future hijackers in the September 11, 2001, attacks on the United States (the “September 11 Attacks”).  During the speech, GANCZARSKI sat in the front row with al Adel’s son in his lap.

In approximately March 2000, GANCZARSKI attended a meeting in Karachi, Pakistan, between Mohammad and a member of Jamaah Islamiyah (“CC-1”), a Southeast Asia terrorist organization, at which U.S. and Israeli targets for terrorist attacks were discussed.  Following the meeting, GANCZARSKI helped transport CC-1 and a written communication from Mohammad to al Qaeda’s fortified compound in Kandahar, where GANCZARSKI spoke to bin Laden and took CC-1 to meetings with al Adel and Abu Hafs el Masri at which potential attacks on U.S. and Israeli interests were further discussed.

GANCZARSKI was in Germany at the time of the September 11 Attacks, and he indicated after the attacks that he had been aware that a significant event was about to occur.  In approximately early October 2001, GANCZARSKI returned to Afghanistan and met with other members of al Qaeda, including al Adel.  In approximately November 2001, GANCZARSKI and others attempted to repair anti-aircraft missiles controlled by al Qaeda that were not functioning, so that the missiles could be fired at U.S. military aircraft flying in the area at the time.

GANCZARSKI was arrested in France in 2003, and subsequently convicted of offenses under French law relating to a 2002 al Qaeda attack on a synagogue in Djerba, Tunisia.  GANCZARSKI has been incarcerated in France since being convicted.
  
The Superseding Indictment charges GANCZARSKI, 51, with four counts.  A chart containing a description of the charges and their maximum penalties is attached.  If convicted on all counts, GANCZARSKI would face a maximum sentence of life in prison.  The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Berman and Mr. Boente praised the extraordinary investigative work of the FBI’s New York Joint Terrorism Task Force – which principally consists of agents from the FBI and detectives from the New York City Police Department – for the critical role they played and continue to play in the investigation of GANCZARSKI and his co-conspirators.  In addition, Mr. Berman thanked the Department of Justice’s National Security Division and Office of International Affairs.

This case is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Emil J. Bove III and Amanda L. Houle are in charge of the prosecution, with assistance from Trial Attorney David Smith of the National Security Division’s Counterterrorism Section.

The charges contained in the Superseding Indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

Statute (Title 18) Counts Description Maximum Penalties
Section 2332(b) Count 1 Conspiracy to kill United States nationals  Maximum sentence of life in prison
Section 2339A Counts 2 and 3 Conspiracy to provide material support and resources to terrorists, and provision of material support and resources to terrorists  Maximum sentence of 15 years in prison on each count
Section 2339B Count 4 Conspiracy to provide material support and resources to a designated foreign terrorist organization (al Qaeda)  Maximum sentence of 15 years in prison

[1]
 As the introductory phrase signifies, the entirety of the texts of the Superseding Indictment, and the descriptions of the Indictment and the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.