STATEMENT FROM BOROUGH PRESIDENT DIAZ RE: The Indictment of Sgt. Hugh Barry

  “What happened to Deborah Danner was an outrage. Today’s announcement that the police officer involved in Ms. Danner’s fatal shooting will face charges is a positive first step towards addressing an issue that has been long neglected, and that is how to deal with our mentally ill residents in volatile situations. Clearly, there were options available to Sgt. Barry which he failed to implement, and his conduct in this case is by no means a reflection on the great work of the New York City Police Department and its dedicated members. 

"My office has the utmost confidence in District Attorney Darcel D. Clark and her staff, and will continue to monitor this case as it moves forward. We once again offer our condolences to Ms. Danner’s family during this difficult time,” said Bronx Borough President Ruben Diaz Jr.

Congressman Eliot L. Engel, on President's Decision to Pull U.S. Out of Paris Climate Agreement

  Congressman Eliot L. Engel, the Ranking Member on the House Foreign Affairs Committee and a top Member on the House Energy and Commerce Committee, issued the following statement in response to President Trump signaling he will pull the United States out of the Paris Climate Agreement:

“I am deeply disappointed that President Trump has decided to pull the United States out of the Paris Agreement, the most comprehensive global climate agreement in history. This shortsighted decision threatens to unravel the entire agreement, imperiling the planet and further straining relations with our allies.

“Climate change is a global crisis that demands American leadership. What does it say when the President of the United States abdicates that responsibility, brazenly ignoring facts and evidence? Whether the President or his Administration want to admit it, climate change is real, driven by human activity, and cannot be ignored.

“We have a moral obligation to our children and our grandchildren, and to ourselves. This is not a future problem; we are already seeing the effects of our changing climate through excess flooding, stronger storm systems, erratic weather patterns, and extreme drought. We cannot put our heads back in the sand, recklessly consuming fossil fuels while expanding our carbon footprint. We must refocus our energy sector on cheap, renewable sources of fuel before climate change gets even worse.”Congressman Eliot L. Engel, the Ranking Member on the House Foreign Affairs Committee and a top Member on the House Energy and Commerce Committee, issued the following statement in response to President Trump signaling he will pull the United States out of the Paris Climate Agreement:

MAYOR DE BLASIO AND COMPTROLLER STRINGER ANNOUNCE PLAN TO CUT TIES WITH WELLS FARGO FOR CITY DEPOSITS AND BANKING TRANSACTIONS

  New York City Mayor Bill de Blasio and Comptroller Scott M. Stringer jointly announced today that they will vote to prohibit New York City from entering into new contracts for deposits with Wells Fargo, as well as suspend the bank’s role as a senior book-running manager for NYC General Obligation and Transactional Finance Authority bond sales. 

The New York City Banking Commission, which is scheduled to meet today, and of which the Mayor and the Comptroller are members, approves and oversees the banks that hold City deposits. Currently, Wells Fargo holds contracts with the City to provide banking services, including to operate “Lock Box” services that hold taxes and fees collected by the City. There is approximately $227 million of City dollars held in Wells Fargo accounts currently. Additionally, Wells Fargo acts as a trustee to the New York City Retiree Health Benefits Trust, which has current assets of approximately $2.6 billion. Recently, Wells Fargo received a Federal Community Reinvestment Act (CRA) rating of “needs improvement.” The ban will be revisited only when the bank’s rating is raised.

As such, today the Mayor and Comptroller will vote to prevent agencies from entering into new banking services or related contracts with Wells Fargo, as well as bar agencies from renewing or extending existing contracts on expiration. The City will also suspend the use of Wells Fargo as a senior book-running manager for municipal bonds – a position that allows the bank to take the lead on City bond sales – for one year. The only allowable exemption will be for affordable housing financing, which has a direct benefit to New York City residents.

Mayor de Blasio said: “The rules are very clear: if you fall below ‘satisfactory,’ we will no longer do banking business with you. I encourage Wells Fargo to quickly clean up its act and do right by the millions of customers who trust the bank with their savings. Until then, we will not be entering new contracts with the bank. Thank you to Comptroller Stringer for his partnership on this issue.”

Comptroller Stringer said: “What happened at Wells Fargo was a fraud – and there should be consequences. We need to send a message to this bank and the broader industry that ethics matter. Public trust is a must – and accountability is non-negotiable. That’s why we plan to take action. We have an opportunity to stand up and do the right thing today, and that’s a moment we plan on seizing. I would like to thank Mayor de Blasio and his team for their leadership on the issue.” 

John Marano Pulls Out of 13th Council Race

The above photo of Mr. John Marano was taken in 2013 during a graffiti clean up of the walls on the highway leading to the Throggs Neck bridge when he was the Community Board 10 Chair. John was not afraid to go where no one would go as you see.

Mr. Marano was a candidate in the upcoming 13th City Council race until yesterday when he dropped out of the race. It is expected that Mr. Marano will support current Assemblyman Mark Gjonaj for the term-limited 13th City Council seat of Councilman James Vacca.  

BRONX MAN INDICTED FOR ATTEMPTED MURDER FOR ATTACKING WOMAN DURING BURGLARY; VICTIM’S YOUNG SON STOPPED HIM

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for Attempted Murder and several others charges for attacking a 32- year-old mother of-two after forcing his way into her apartment in a botched burglary. 

  District Attorney Clark said “The defendant viciously attacked a young woman in front of her two children, trying to smother her and proceeding to injure one of her children. Thanks to the heroic acts of a little boy, the defendant faces many years behind bars.” 

  District Attorney Clark said the defendant, Brian Febus, 22, of Ryer Avenue, was arraigned today before Bronx Supreme Court Justice George Villegas and bail was continued at $500,000. He is due back in court on Sept. 5, 2017. If convicted on the top charge he could face up to 25 years in prison.

  Febus was indicted on second-degree Attempted Murder, two counts of first-degree Burglary, three counts of second-degree Burglary, third-degree Burglary, first-degree Attempted Assault, three counts of second-degree Assault, second-degree Attempted Assault, two counts of third-degree Assault, two counts of Endangering the Welfare of a Child and Criminal Obstruction of Breathing or Blood Circulation. 

  According to the investigation, on April 25, 2017, Febus knocked on the door of Denise Soto’s apartment in the Mount Hope section of the Bronx and asked to use the bathroom. After she refused, he forced his way in, striking her several times and trying to smother her face down on her mattress. Soto’s 11-year-old son stabbed Febus twice. Despite his wounds, Febus continued to assault Soto and fled the apartment after a call was made to police by the boy, who also suffered injuries during the attack.

  An indictment is an accusatory instrument and not proof of a defendant’s guilt.

Former Managing Director At New York Broker-Dealer Pleads Guilty In “Pay-To-Play” Bribery Scheme Involving Public Pension Fund

   Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that DEBORAH KELLEY, a former managing director of institutional fixed income sales at a New York-based broker-dealer (the “Broker-Dealer”), pled guilty today before U.S. District Judge J. Paul Oetken for participating in a “pay-to-play” bribery scheme involving the New York State Common Retirement Fund (“NYSCRF”), the nation’s third largest public pension fund. 

Acting U.S. Attorney Joon H. Kim said:  “As she admitted today, Deborah Kelley bribed Navnoor Kang to steer state pension business to her brokerage firm, reaping hundreds of thousands of dollars in additional commissions for the firm.  In the process, she was complicit in defrauding New York pensioners and depriving them of Kang’s honest services. The hard-earned retirement savings of New Yorkers should not be a vehicle for corrupt pension administrators and securities brokers to profit.”

According to allegations contained in the Indictment charging KELLEY and statements made during her plea proceeding:

The NYSCRF

The NYSCRF is a pension fund administered for the benefit of public employees of the State of New York.  From January 2014 through February 2016, Navnoor Kang served as Director of Fixed Income and Head of Portfolio Strategy for the NYSCRF.  In that capacity, Kang was responsible for investing more than $53 billion in fixed-income securities on behalf of the NYSCRF.  Kang owed a fiduciary duty to the NYSCRF and its members and beneficiaries, and was required to make investment decisions in their best interests and free of any conflict of interest.  New York State law and NYSCRF policies prohibited Kang and other NYSCRF employees from receiving any bribes, gifts, benefits, or consideration of any kind, as KELLEY well knew.

The Scheme to Steer NYSCRF Fixed-Income Business in Exchange for Secret Bribes

From 2014 through 2016, Kang, KELLEY, and others participated in a scheme to defraud the NYSCRF and its members and beneficiaries, and to deprive the NYSCRF of its intangible right to Kang’s honest services.  The scheme involved, among other things, an agreement among Kang, KELLEY, and others to pay Kang bribes – in the form of entertainment, travel, and lavish meals, among other things – in exchange for fixed-income business from the NYSCRF.  Such bribes were strictly forbidden by the NYSCRF, and were paid secretly and without any disclosure to the NYSCRF and its members and beneficiaries concerning the conflicts of interests inherent therein. 

In exchange for the bribes paid by KELLEY, Kang used his position as Director of Fixed Income and Head of Portfolio Strategy at the NYSCRF to promote the interests of KELLEY and her brokerage firm.  Kang, in exchange for the bribes he received, agreed to steer fixed-income business to the Broker-Dealer.  In so doing, Kang, with KELLEY’s knowledge and approval, breached his fiduciary duty to make investment decisions in the best interest of the NYSCRF and its members and beneficiaries, and free of conflict, and deprived the NYSCRF of its intangible right to Kang’s honest services.  

As KELLEY paid bribes to KANG, the Broker-Dealer’s fixed-income business with the NYSCRF skyrocketed.  The value of NYSCRF’s domestic bond transactions with the Broker-Dealer increased from zero in the fiscal year ending March 1, 2014, to approximately $156 million in the fiscal year ending March 1, 2015, and to approximately $179 million in the fiscal year ending March 1, 2016.  Kang’s trades resulted in the payment of hundreds of thousands of dollars in commissions to the Broker-Dealer, of which KELLEY personally earned approximately 35 to 40 percent.

Obstruction of Justice

In late 2015, the Securities and Exchange Commission (“SEC”) opened an investigation into the entertainment and benefits that KELLEY had provided Kang, and the SEC subpoenaed both KELLEY and Kang for their testimony.  In advance of their testimony, KELLEY and Kang agreed to align their stories and testify falsely before the SEC in order to conceal their scheme.  In late 2015 and early 2016, KELLEY and Kang each falsely testified under oath before the SEC about expenses KELLEY had paid for Kang.  

KELLEY, 58, of Piedmont, California, pled guilty to one count of conspiracy to commit securities fraud and honest services wire fraud, which carries a maximum sentence of five years in prison and three years of supervised release. 

In December 2016, Gregg Schonhorn, a former a vice president of fixed income sales at another New York-based broker-dealer, pled guilty for his participation in the scheme. Kang, against whom charges for conspiracy, securities fraud, honest services wire fraud, and obstruction of justice are currently pending, is presumed innocent unless and until proven guilty. 

Mr. Kim praised the investigative work of the Federal Bureau of Investigation and noted that the investigation is continuing.   He also thanked the SEC, which filed civil charges against Kang, KELLEY, and Schonhorn in a separate civil action, and the Office of Inspector General for the Office of the New York State Comptroller.

U.S.Attorney Agreement With The NY State Education Department To Change State Guidelines On Parental Involvement In Medication Adjustments At School For Children With Diabetes

  Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that the United States has resolved its investigation into complaints alleging that the New York State Education Department (the “NYSED”) violated Title II of the Americans with Disabilities Act of 1990 (the “ADA”), 42 U.S.C. §§ 12131-12134, and related regulations by refusing to permit parent and guardian involvement in the adjustment of a child’s diabetes medication, with the approval of the child’s doctor, during school or at school-sponsored events.

Acting U.S. Attorney Joon H. Kim said: “Parents of children with diabetes have a right to play a role in the treatment of their children while at school. We are pleased to have reached an agreement with the New York State Education Department that will help students with diabetes receive during school the same adjustments to their medication that they receive outside of school, as their doctors direct.”

This Office’s investigation found that, in September 2015, the NYSED issued Guidelines for Medication Management in Schools that caused schools to reject certain types of orders issued by physicians treating children with diabetes authorizing parents and guardians to be involved in the adjustment of their child’s diabetes medication administered by the school healthcare team. The rejected orders included model orders developed by national diabetes organizations such as the National Diabetes Education Project and the American Diabetes Association by which a physician could authorize a parent or guardian to direct a school healthcare professional to adjust, within limits, the dosage and timing of correction doses of insulin, insulin-to-carbohydrate ratios, and fixed insulin doses. As these model orders reflect, it is common for parents and guardians of children with diabetes to have particularized knowledge with respect to their child’s recent activities, food intake, reaction to medication, and the like, and, through training and experience, to develop expertise regarding the adjustment of the dosage and timing of their child’s diabetes medication, information that is essential to the provision of necessary medical care for children with diabetes at all times, including at school. The investigation found that the Guidelines were hindering the communication of this vital information and in certain instances preventing necessary adjustments to diabetes medication from occurring at school. This Office detailed its conclusions in a Letter of Findings dated January 18, 2017.

In response to the investigation, the NYSED agreed to amend the Guidelines. The NYSED has also agreed to provide a model form for a physician to use to authorize the involvement of the parents/guardians in adjustment decisions where appropriate. The final decision with respect to the dosage and timing of diabetes medication shall remain with the school nurse as a matter of the nurse’s exercise of professional judgment, which will include consideration of the information communicated by the parent or guardian.

Specifically, under the resolution, NYSED has agreed to take the following actions: (i) amend the provisions of the Guidelines that were identified by the investigation as causing concerns; (ii) include additional language in the Guidelines explaining the respective roles of the school nurse and the parents/guardians who have been authorized to recommend adjustments of their child’s diabetes medication within specified limits; and (iii) provide a link to a model form through which physicians can provide such authorization to the parent/guardian (provided that the student’s Diabetes Medical Management Plan also includes authorization of the school nurse to make adjustments within the same range(s) as a matter of the nurse’s professional judgment). These changes, which resolve the issues addressed in the Letter of Findings, are explained in more detail in the attachments to the Office’s resolution letter. An amended version of the Guidelines reflecting these changes appears on the NYSED website at the following address: http://www.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/.

Mr. Kim also thanked NYSED for its cooperation. The case is being handled by the Office’s Civil Rights Unit. Assistant United States Attorney Michael J. Byars is in charge of the matter.

MAYOR DE BLASIO SIGNS LEGISLATION TO BETTER PROMOTE SAFETY, FAIRNESS AND TRANSPARENCY FOR ALL NEW YORKERS

Signs legislation to give food carts letter grades, create a fairer workweek, give voters their voter history prior to elections, and increase safety for all vehicles on the road

  Mayor Bill de Blasio today held public hearings for, and signed, 28 pieces of legislation into law. Intro. 1396 establishes general provisions governing fair work practices and requiring certain fast food employers to provide advance notice of work schedules to employees and to provide a schedule change premium when hours are changed after required notices; Intro. 1388 regulates consecutive work shifts in fast food restaurants involving both the closing and opening of the restaurant; Intro. 1395 requires fast food employers to offer work shifts to current employees before hiring additional employees; Intro. 1384 provides fast food employees the ability to make voluntary contributions to not-for-profit organizations of their choice through payroll deductions; Intro. 1387 prohibits on-call scheduling for retail employees; Intro. 848 sends voters their voter histories; Intro. 951 requires all public phone lines be able to dial 911 directly; Intro. 1028-B creates a Sexual Health Education Task Force; Intro. 1346-A requires storm water management and control of discharges into storm sewers;Intro, 1456-A requires mobile vendor letter grades; Intro. 722-A increases the minimum apartment temperature that must be maintained by a landlord during nighttime hours; Intro. 823-A requires the city to issue a report regarding illegal conversions of dwelling units; Intro. 1218-A relates to illegal conversions; Intro. 1586 relates to the preservation of certain hotels;Intro. 518-A requires secondhand automobile dealers to disclose whether automobiles have been recalled by the automobiles’ manufacturers; Intro. 1117-A expands current delivery cyclist protections to all commercial cyclists; Intro. 1177-A requires feasibility of interval crossing systems at high-crash intersections; Intro. 1285-A requires a study on locations with significant pedestrian traffic; Intro. 1305-A relates to notice parking restrictions related to removal of trees; Intro. 282-A relates to community involvement in decisions of the BSA; Intro. 418-A relates to written responses by the BSA; Intro. 514-A relates to the expiration of variances granted by the BSA; Intro. 1200-A relates to proof of service of certain required mailings for applications the BSA; Intro. 1390-A requires Dept. of City Planning to designate a BSA coordinator; Intro. 1391-A relates to appraisals regarding BSA‎ applications; Intro. 1392-A relates to applications for variances and special permits before the BSA; Intro. 1393-A requires BSA to report on variances and special permits; Intro. 1394-A relates to adding zoning variance and special permit information on a map on a city website.

“Today we have 28 bills that to improve job conditions and scheduling practices, bills that give voters more information, and bills that make tenants, motorists, and cyclists safer – just to name a few,” said Mayor de Blasio. "I would like to thank Council Speaker Melissa Mark-Viverito and the sponsors of these bills for continuing to fight for a fairer, safer, and more livable New York for all."

The City Council is proud to be submitting multiple packages guaranteed to go far in keeping New Yorkers feeling safe and secure in their homes and workplaces,” said Speaker Melissa Mark-Viverito. “The Fair Work Week initiative will improve employment conditions for thousands of residents in the fast food and retail industries, while a set of reforms to the Board of Standards and Appeals ensures that contentious development projects will receive the comprehensive reviews they need. I applaud my colleagues for their work on these essential measures, and I thank Mayor de Blasio for signing them into law today.”

“Today we celebrate legislation that will improve the quality of life for thousands of New Yorkers,” said New York City Department of Housing Preservation and Development (HPD) Commissioner Maria Torres-Springer.  The increase in the minimum required overnight heat temperature to 62 degrees represents the first change in heat requirements since 1967, and will help all city residents, particularly seniors, children, and those with health conditions weather the cold winter nights. I want to thank City Council Housing Chair Jumaane Williams for working closely with HPD on this issue.”

“DOT strongly believes in cycling safety, so the safety requirements of NYC’s commercial cyclist law should of course cover all delivery cyclists, be they working for a brick-and-mortar store or an online app,” said DOT Commissioner Trottenberg. “Those key safety requirements, including retroreflective clothing, a helmet, lights, a bell, and public display of the business and the individual cyclist, are all in addition to the completion of a required safety course. We commend Majority Leader Van Bramer and the Council for extending these requirements.”  

“DOT shares the Council’s interest in protecting pedestrians by implementing crossing times that are free from conflicting vehicle movements,” said Commissioner Trottenberg. “Since no two New York City intersections are exactly alike, we approach intersection design with an open mind, always looking for the design that will get us the best and safest results. We have already gotten started on the report on the topic required under the Council’s bill -- and look forward to sharing it soon.” 

“With record jobs creation, tourism and population, New York City’s sidewalks and crosswalks are busier than ever,” said Commissioner Trottenberg. “What began as the transformation of Broadway in Times Square has continued through DOT’s Plaza Program, through which we have created the equivalent of twenty football fields’ more room for pedestrians across the city. Meanwhile, we have expanded sidewalks on Main Street in Flushing, with plans for wider sidewalks on Seventh Avenue in Midtown and as the Mayor recently announced, on Thompson Avenue near LaGuardia Community College, used by thousands of students every day. And on Broadway in Manhattan between 24th and 25th Streets, we are implementing NYC’s first official operational ‘shared street.’ We look forward to continuing to study needed improvements as required by the Council’s legislation -- and implementing those improvements.”