Saturday, February 1, 2014

Indicted NY Senator Wants Trial Delayed to Seek Re-election


  Yes - that was the headline of a New York Post story about current State Senator Malcolm Smith, and his impending trial  
The first sentence of Post story reads - "You can’t campaign from behind bars."

  The answer from Smith's point of view is to have his upcoming federal fraud and bribery trial trial postponed until after the Democratic primary so he can seek re-election.  Smith’s lawyer Gerry Shargel is quoted as saying that since his client Senator Smith is presumed innocent of the charges the Democratic primary should come before the trial, not the trial before the election.

  The trial involves the alleged scheme to get Smith the Republican line for mayor in 2013. Former Bronx Republican Leader Jay Savino was charged with taking a $15,000.00 bribe to allow Smith to run. A former Queens Republican Councilman fighting the charges that he was the mastermind of the scheme, and the charges against Senator Smith.

  The entire New York Post article can be found Here.


State Comptroller Dinapoli Warns of Excess Overtime


State Agency Overtime Hits Record $611 Million
  Overtime earnings at state agencies rose to a record $611 million in 2013, a nearly 16 percent increase compared to 2012, according to a report released by State Comptroller Thomas P. DiNapoli. Overtime increased in 2013 for the third straight year.
“State employees logged 14.8 million overtime hours last year, costing taxpayers a record $611 million. New York’s overtime bill is increasing and needs to be reined in,”DiNapoli said. “State agencies should take a hard look at how they are using overtime and for what. To hold the line on state spending, state agencies should double their efforts to reduce this expensive habit.”
DiNapoli’s report found for the seven-year period ending in 2013, overtime earnings were up by 27.3 percent. Overtime represented 3.9 percent of total payroll in 2013, the highest share in the years analyzed for the report. 
 Three agencies that operate institutional facilities - the Office of Mental Health (OMH), the Department of Corrections and Community Supervision (DOCCS) and the Office for People with Developmental Disabilities - accounted for 63.5 percent of the overtime hours in 2013. Total overtime hours dropped slightly at all three, compared with 2012.  Other agencies paid high hourly rates for overtime, such as the State Police, which spent an average of $74.35 per hour of overtime at a cost of $35 million. DOCCS paid the next highest average of $51.18 per hour of overtime for a total of $160 million.
Meanwhile, DiNapoli’s report found the state’s agency workforce has declined 10.9 percent, from 180,564 in 2007 to 160,829 last year, excluding the State University of New York and City University of New York.

Metro North and LIRR Lax in Monitoring Overtime Paid For With Federal Stimulus Funds

  Separate audits of Metro-North Railroad and the Long Island Rail Road (LIRR) found they failed to properly manage overtime paid by funds from the American Recovery and Reinvestment Act (ARRA), allowing abuses such as allowing some conductors to charge overtime for tasks such as washing up for work, New York State Comptroller Thomas P. DiNapoli announced today.
“There’s significant room for improvement in how Metro-North and LIRR monitor the hours their employees work,”DiNapoli said. “Federal money came to New York state to help improve our transportation network and we must be good stewards of those funds. The MTA should take a harder look at wasteful spending and work to tighten up its operations.”
The Metro-North audit examined whether $72.3 million in ARRA funds were used efficiently and for authorized purposes at four locations from April 30, 2009 through June 30, 2012. Auditors examined whether employees were paid for only the time they worked, whether overtime was pre-approved and justified and whether the reasons for some of the overtime were sound. 
DiNapoli’s auditors found that one of the timekeeping systems in place at Metro North, Crew Management System, did not have a requirement for conductors to sign out manually, so there was not an accurate record of when conductors actually left the facility. In a review of the 10 highest overtime earners who worked a total of 183 hours of overtime over 54 instances during the third quarter ended September 30, 2010, there were no overtime requests to support pre-approval and justification of 136 hours of overtime.
Auditors also questioned whether government funds were wasted by paying conductors 2 hours and 40 minutes of overtime every day for tasks such as changing clothes, traveling to and from project sites and washing up for work.  In addition, an unannounced floor check at the Tarrytown Station found a conductor not at his station when a passenger train came through.
DiNapoli recommended that Metro-North:
  • Require conductors to electronically sign in and out;
  • Monitor time and attendance records;
  • Establish agency-wide policies and procedures that govern the use, pre-approval and justification for overtime;
  • Monitor conductors to make sure they are on site and working at their assigned posts; and
  • Ensure that the most efficient practices are being followed.
The LIRR audit reviewed whether $102.8 million spent on two ARRA projects during the same time period as the Metro-North audit were properly monitored. Auditors found that the LIRR did not efficiently manage the funds and as a result, employees might have been paid for unnecessary overtime or time that wasn’t worked. 
Auditors found no pre-approval was given for the 110 instances of overtime totaling 998 hours in September 2010. For certain employees, LIRR did not have a system in place to verify time or attendance. 
A review of three sampled track workers also found excessive overtime. For example, on Sept. 12, 2010, a track foreman claimed 24 consecutive overtime hours, an assistant track supervisor claimed 20.5 consecutive overtime hours while another track foreman claimed 18.5 consecutive hours on the same day. This was repeated two weeks later with 22.5, 18 and 19.5 hours of overtime claimed by the same employees. LIRR officials noted the overtime was consistent with provisions of existing collective bargaining agreements. 
DiNapoli recommended that LIRR:
  • Establish a process for approving and justifying overtime for certain workers:
  • Monitor employees to ensure they are being paid for hours worked;
  • Monitor hours worked consecutively without an off-duty rest period to ensure efficient and safe work practices and customer safety; and
  • Implement a time keeping system to accurately record attendance and improve communications between sectors to ensure that changes in assignments are noted properly.
Metro-North and LIRR’s responses to the audits are included in the final audit.
For a copy of the LIRR report visit: http://osc.state.ny.us/audits/allaudits/093014/10s2.pd

 

Friday, January 31, 2014

3 Things We've Learned About Bill de Blasio


This comes from our friend Mr. John Kenny at NYTrue.com.

  As Mayor Bill de Blasio completes his first month in office, here are three things that we've learned about him.
 

1.  He Runs Late.

He's been quite tardy to many appearances, particularly press conferences.  It's attracted attention, with reporters kvetching and tweeting each other as they sit idle awaiting the mayor, and also produced some mainstream press stories and mentions.  The reasons for his late arrival are rarely explained so it's hard to assess whether there are legitimate reasons or whether he simply runs late.  (If it's the latter - I feel your pain, friend.)  Is it more than a distraction and really a problem that voters and the public care about?  Not so far, but there is a risk for him.  If the narrative around his administration becomes one of delay or inability to execute, his personal tardiness will feed that narrative. 


2.  He Moves Fast.

At least on his big issues, if not his daily schedule.  Despite his personal tardiness de Blasio has moved expeditiously on his biggest campaign issues of universal pre-K/afterschool programs and stop & frisk.  On pre-K, he clearly recognizes the time pressures on his initiative.  To have a significant program for tens of thousands of students in place for September 2014 requires rapid planning and execution, and de Blasio's related signature income tax surcharge requires quick state legislative action as the state's April 1st budget deadline looms.  On the program planning and execution, de Blasio quickly formed a separate organization,UPKNYC, to develop a detailed plan demonstrating the ability to put students in seats by September.  Using UPKNYC, he has also mounted a highly visible campaign enlisting business leaders, labor leaders, educators and celebrities as supporters of his program and income tax surcharge.

He's moved quickly on other issues as well.  As mayor-elect de Blasio jumped into the race for city council speaker, lobbying council members and pushing his preferred choice of Melissa Mark-Viveritoto an anticipated victory well before the scheduled city council vote.  Barely two weeks in office, he pushed for asignificant expansion of the City's recently enacted paid sick leave law.


3.  He Meant What He Said.

"Pivot to the center", a phrase often used in describing newly-elected or re-elected public officials, does not appear to apply to Mayor de Blasio.  He's plunged ahead on the ideas that he espoused while campaigning, seemingly energized by the opportunity to implement them rather than seeking ways to ease away from them.  Like his ideas or not, there are few substantive surprises so far.  His campaign theme of income inequality, and a City government role in reducing it, effectively frames his actions to date and can reasonably be assumed to frame the future.
On pre-K, Governor Cuomo is attempting to co-opt the mayor's plans with a less extensive, less expensive and income tax surcharge-free plan.  The governor's stated plan gives the mayor a classic opportunity to "declare victory and go home" with a quick, but partial success.  The mayor has politely refused and continues seeking to implement his plan with major public campaign and legislative efforts underway.  On the expansion of paid sick leave, the city council bill passed late last year over Mayor Bloomberg's veto has not even taken effect and Mayor de Blasio could reasonably wait to see its effects before expanding it.  That's not his preference, however, as he quickly agreed with the city council to a marked expansion.  On stop & frisk, the mayor has agreed with the plaintiffs in the ongoing federal lawsuit to the installation of a monitor for the NYPDand, assuming that an expected plan is approved by the federal district court, to drop the City's ongoing appeal of the district court's ruling against the city.
Seemingly unfazed by the few bumps he's hit so far, including snow removal dissatisfaction and a "secret" speech, de Blasio can count significant progress toward several of his campaign issues.  Whether he achieves each of those goals, and whether they are best for our city, remains unanswered.  He's clear on where he's headed, however, and notwithstanding his somewhat mild and even-keeled persona he appears prepared to act rapidly on the issues that he cares about.
Finally, if you need a soothing de Blasio moment, here's his reading of Where the Wild Things Are.  "Let the wild rumpus start ..."
Please visit us regularly at NYTrue.com and follow me on Twitter (@jjk607).  For insight into New York’s biggest issues, what counts is not just being true, but being New York True.

          John Kenny




Mayor de Blasio Announces Agreement in Landmark Stop-And-Frisk Case


  City to fully embrace stop-and-frisk reform, pledges respect for every New Yorker’s constitutional rights

  Mayor Bill de Blasio today announced a historic agreement in the Floyd vs. City of New York case, taking steps to end the years-long legal battle that found the overuse of stop-and-frisk unconstitutional. Standing with plaintiffs, Police Commissioner Bill Bratton and incoming Corporation Counsel Zach Carter in Brownsville, Brooklyn, the mayor pledged to reunite police with communities across the city and to respect the constitutional rights of every New Yorker.
  “This is a defining moment in our history. It’s a defining moment for millions of our families, especially those with young men of color. And it will lay the foundation for not only keeping us the safest big city in America, but making us safer still. This will be one city, where everyone’s rights are respected, and where police and community stand together to confront violence,” said Mayor Bill de Blasio.
“We will not break the law to enforce the law. That’s my solemn promise to every New Yorker, regardless of where they were born, where they live, or what they look like. Those values aren’t at odds with keeping New Yorkers safe—they are essential to long-term public safety. We are committed to fulfilling our obligations under this agreement as we protect and serve this great city,” said Police Commissioner Bill Bratton.
Under the agreement with plaintiffs announced today, a court-appointed monitor will serve for three years, overseeing the NYPD’s reform of its stop-and-frisk policy. The monitor is empowered to report to federal court on the city’s progress meeting its obligation to abide by the United States Constitution. The city will also take part in a joint process with community stakeholders to ensure people affected by stop-and-frisk play an active role in shaping reform.

UNION COMMUNITY HEALTH CENTER JOINS FORCES WITH BRONX LGBTQ CENTER TO OFFER SUPPORT AND LEGAL ASSISTANCE


   LGBTQ residents of the Bronx now have available a support group and free legal clinic as a result of a partnership between Union Community Health Center (UCHC) and the Bronx LGBTQ Center.

An LGBTQ Youth Group is meeting every Friday from 4pm-5pm at Union Community Health Center, 260 East 188th Street, the Bronx. During these group sessions, topics are selected for discussion by the group, including bullying, healthy relationships, domestic violence, education and parent & teen communication. The Youth Group is a safe zone for lesbian, gay, bisexual, transgender and questioning youth and their straight allies aged 12-20. For more information, contact 718-618-8569.

Union’s Teen Health Center has been a safe and welcoming place for Bronx youth for several years, and we are very excited to open our doors, share our experience, and extend our services to LGBTQ youth,” said Dr. Uri Belkind, Director of Adolescent Medicine at Union Community Health Center. “Here, LGBTQ youth will find a haven in which they can relate with other youth in an open and healthy environment, as well as take part in all the other activities and services that Union’s Teen Health Center offers.  We look forward to helping all our youth build strong, healthy relationships with their peers.”

Additionally, every first and third Tuesday of the month from 6pm-8pm, Union Community Health Center hosts the Bronx LGBTQ Legal Clinic. During these clinic sessions, volunteer lawyers offer consultations at no cost to the public. The attorneys provide general guidance on individual’s specific issues, make legal referrals and offer helpful legal resources. No appointment is necessary, although those interested are encouraged to arrive between 6pm-6:30pm to register. For more information about the Legal Clinic, email Bronx@le-gal.org or call 212-353-9118.

The LGBTQ Legal Clinic is the result of a partnership between The LGBT Bar Association of Greater New York (LeGaL), The Bronx LGBTQ Center and Union Community Health Center. 
 
 

Thursday, January 30, 2014

State of the Borough Address

 



The Honorable Ruben Diaz Jr.
President, Borough of the Bronx

Cordially invites you to
The State of the Borough Address

Thursday, February 20, 2014
11:30 a.m.

Eugenio MarĂ­a de Hostos  
Community College
450 Grand Concourse
The Bronx

R.S.V.P.


Dinowitz Proposes Legislation to Classify Nicotine Filled E-Cigarette Cartridges as Tobacco Products


 
Common sense proposal would amend tax and public health laws to make e-cig cartridges a taxable tobacco product

   Assemblyman Jeffrey Dinowitz has announced that he is sponsoring new legislation in the Assembly, A.8594, which would classify e-cigarette cartridges, which are filled with nicotine and other unknown chemicals, as tobacco products under New York state law and tax them accordingly. The bill has been referred to the Assembly Ways and Means Committee.

“It’s about time we start acknowledging the reality of these nicotine filled products and the unregulated nature of this potentially hazardous industry,” said Assemblyman Dinowitz.

In recent years New York lawmakers have begun tackling the litany of health issues associated with electronic cigarettes, which have grown in popularity as an alternative to regular cigarettes, by prohibiting their sale to minors and banning them from public indoor use in New York City. Legislation calling for a similar ban of indoor use statewide is also being pursued.

Although New York is taking a proactive approach to regulating e-cigarette products, a national standard for their regulation has yet to be determined. In December 2010, the U.S. Court of Appeals for the D.C. Circuit issued a decision stating e-cigarettes and other products “made or derived from tobacco” should be regulated as tobacco products by the Food and Drug Administration (FDA) under the Tobacco Control Act. In spite of the court’s decision, the FDA has yet to rule on the regulation of these products on a national level. If passed, New York will join Minnesota in classifying cartridges that contain nicotine and other harmful chemicals as tobacco products.

“E-cigarettes aren’t the safe alternative the industry makes them out to be,” Dinowitz said. “It’s a product that contains nicotine as well as other unknown chemicals and therefore should fall into the same category as other tobacco products, including being taxed as a tobacco product. These devices are marketed as smoking cessation tools, when in actuality they are anything but. New York has always been a leader among states and this is no exception. We will not wait around for the federal government to act.”

Tobacco control organizations are also concerned about the noticeable similarities between e-cigarettes and regular cigarettes, especially as it pertains to their shared appearance. E-cigarettes are designed to look just like regular cigarettes, creating the potential to lure young teens in with the false promise that they can smoke without the normally associated health risks. Acting as something of a nicotine gateway, these e-cigarettes may lead to an increase in nicotine addiction among younger users, which could in turn also result in an increase in regular cigarette smoking. 
 
 

Bronx Borough Board Public Hearing on the Mayor's Preliminary Budget for Fiscal Year 2015


Pursuant to Section 241 of the
New York City Charter

Bronx Borough President Ruben Diaz Jr.

Invites you to attend and speak at:

The Bronx Borough Board
Public Hearing on the
Mayor's Preliminary Budget for Fiscal Year 2015
and the capital and service needs of the Borough

Wednesday, February 5, 2014

10:00 a.m. to 12:00 p.m.
Bronx County Building
851 Grand Concourse Room 711, Bronx, NY
Subway:            4, B, D to 161st Street/Yankee Stadium Station
Metro-North:  Melrose (Harlem Line) or East 153rd Street-Yankees
               (Hudson Line)
Bus:                  BX1, BX2 or BX6 to East 161st Street - Grand Concourse
                          BX32 to East 161st Street - Morris Avenue

This hearing will give an opportunity to Bronx and Citywide non-profits, colleges, hospitals, schools, neighborhood organizations and any other parties to speak out on the Mayor's proposed budget and the capital and service needs of our neighborhoods.

Anyone interested in presenting testimony should email name, title, organization and telephone number to bmccray@bronxbp.nyc.gov  to register in advance of the hearing.  
Verbal testimony will be limited to 3 minutes per speaker. Please forward a copy of your written testimony to the above email no later than January 30, 2014 and bring 25 copies with you on the date of the hearing.

For accommodations in accordance with the Americans with Disabilities Act, please contact 718-590-3500