Friday, March 26, 2021

POLITICO New York Playbook: NYPD reform bills pass Council — City vaccination plan targets Broadway — New nursing home visit rules

Presented by Opportunities for NY: Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Mar 26, 2021 View in browser
 
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By Anna Gronewold and Erin Durkin with Jonathan Custodio

Presented by Opportunities for NY

New Yorkers will have a right to sue police officers for excessive force or illegal searches under a measure passed by the City Council Thursday, one of a series of hotly debated police reform measures that are now headed to Mayor Bill de Blasio's desk.

The Council voted to limit the use of a doctrine known as qualified immunity, which has long been used around the country to shield police officers from lawsuits. The legislation won de Blasio's support after changes were made to reduce an officer's liability for damages, got attacked by police critics for not going far enough, and you know where law enforcement unions are on this.

City lawmakers are also asking the state — and all they can do is ask, as the measure is non-binding — to strip away the police commissioner's final authority over disciplinary decisions. That's a step the NYPD and Commissioner Dermot Shea strongly oppose, and will have to be fought out in Albany. And they want to require new NYPD officers to live in the five boroughs, another move that requires state approval.

Other measures will put the Department of Transportation in charge of car crash investigations where no crime is suspected, and take control of press credentials away from the NYPD.

With an April 1 deadline looming for local governments to submit police reform plans to Albany or face a loss of funding under an executive order from Gov. Andrew Cuomo, the Council also gave its OK to a series of measures de Blasio has rolled out to meet the requirement. That's brought the ire of reform groups who say the blueprint falls short, with 50 advocacy groups saying Thursday it's "not a meaningful step towards police accountability."

IT'S FRIDAY. Got tips, suggestions or thoughts? Let us know ... By email: EDurkin@politico.com and agronewold@politico.com, or on Twitter: @erinmdurkin and @annagronewold

WHERE'S ANDREW? No announced public schedule.

WHERE'S BILL? Appearing on WNYC's Brian Lehrer show.

WHERE'S TOM DiNAPOLI? Releasing his annual report on the average Wall Street bonus this morning.

QUOTE OF THE DAY: "Media accounts have reduced me to a caricature, but I'm a human being who truly believes in and cares deeply about government and public service... I am not the one-dimensional person that has been portrayed in the press." — Secretary to the Governor Melissa DeRosa in an interview with Bloomberg

 

A message from Opportunities for NY:

New York needs to fund its budget gap by the end of March. We can choose a bold solution: expand downstate gaming through an open and transparent process for ALL THREE downstate casino licenses. THREE licenses will spark 200,000 new jobs and an immediate revenue infusion of $1.5 billion. Visit opportunitiesforny.comto learn more.

 
WHAT ALBANY'S READING

"THE PRESIDENT of Regeneron, a pharmaceutical company with longstanding ties to Gov. Andrew M. Cuomo, received special access to coronavirus testing last year as the first wave of the pandemic tore through New York and tests were severely limited. The company requested tests from the state for its president, Dr. George Yancopoulos, and his family after a "member of his household became infected with Covid-19," a company spokeswoman said. State officials granted the request and tested the family at home in March. By then, New York had already become the epicenter of the pandemic, with a frightened populace suddenly confronted with a widespread shutdown in the face of a virus that little was known about. On April 1, Governor Cuomo then announced that Regeneron would create 500,000 kits for testing samples and provide them free of charge to New York State. The company, which would eventually become a critical player in the efforts to lower the risk of hospitalization and death among high-risk Covid-19 patients, said Dr. Yancopoulos was not involved in the donation of the kits." The New York Times' J. David Goodman, Luis Ferré-Sadurní and Jesse McKinley

— "The office of Attorney General Letitia James, Cuomo's fellow Democrat, issued a statement urging New York's Joint Commission on Public Ethics to investigate after the reports were published in the Times Union of Albany, The New York Times and The Washington Post. 'The recent reports alleging there was preferential treatment given for COVID-19 testing are troubling,' the statement read. 'While we do not have jurisdiction to investigate this matter, it's imperative that JCOPE look into it immediately.' Walt McClure, a spokesperson for the ethics commission, said it could not comment 'on anything that is or might be an investigative matter.'" The Associated Press' Marina Villeneuve

— "The reported decision to allow Gov. Andrew Cuomo's family and associates special access to COVID-19 tests may have run afoul of a state law prohibiting public officials from using their position for personal gain, according to government-reform advocates. Who should lead an investigation, however, has left those same watchdogs perplexed. ... In theory, the state Joint Commission on Public Ethics would be the appropriate entity to enforce potential violations of the Public Officers Law, while the state Inspector General's Office is also tasked with investigating untoward conduct within the executive branch. But both entities have significant ties to the Democratic governor that may be disqualifying: Cuomo has appointed a string of loyalists and former employees over the years to chair JCOPE, which has an earned reputation of working at a glacial pace. And Inspector General Letitizia Tagliafierro worked for Cuomo as far back as his days as state attorney general, though she could recuse herself from any investigation." USA Today Network's Jon Campbell and Joseph Spector

"NEW YORK officials on Thursday announced new guidelines for nursing home visitation in the state, a move meant to align with federal guidelines. The move comes as state lawmakers have pushed for Cuomo to sign a bill revising nursing home visitation rules. The new guidance announced by Gov. Andrew Cuomo and Health Commissioner Howard Zucker will permit visitation at all times and for all residents. There will be 'limited exceptions' for residents who have not been vaccinated in areas where there is high community spread and lower resident vaccination rates. Limits would also be placed on residents who have COVID-19 or those who are in quarantine. The new guidance will replace February 23 rules that required nursing homes to be COVID-19 free for two weeks." Spectrum's Nick Reisman

— "On March 25, 2020, Governor Andrew Cuomo issued a controversial directive that resulted in COVID-19 positive patients being admitted into nursing homes. Now on the one-year anniversary, family members of nursing home residents who passed away in these facilities gathered outside the state capitol on Thursday, saying they still do not have closure . 'Was she in pain?' Anne Brancati asked. Brancati lost her mother-in-law and helped found an advocacy group called Voices for Seniors. 'Did she understand that we didn't come to visit because we couldn't? It was taken away from us,' she said. 'Governor Cuomo, have you attended a COVID burial?' Mary Ann Boniello asked." Spectrum's Morgan McKay

"THE LANDMARK deal struck by Gov. Andrew Cuomo and the state legislature Thursday to legalize recreational marijuana in New York State reportedly includes one of the country's most ambitious social equity programs. But advocates say they're prepared to keep a careful eye on whether New York can avoid pitfalls that have swallowed some other states' efforts to bring a fair share of the multibillion-dollar legal pot business to Black and Hispanic citizens." THE CITY's Clifford Michel

"THE NEW YORK State Board of Elections is a year or more behind implementing a statewide online voter registration system , setting it up to blow past an April 12 deadline that would have allowed potential New York City voters to take advantage of the system ahead of the consequential primaries in June. The delay, discussed at a recent meeting of state elections commissioners, is the result of funding stops issued from Governor Andrew Cuomo's office, according to the elections commissioners on the call. A claim that is disputed by the Cuomo administration. 'There is no way that we are going to comply with the statutory deadline because we've lost more than a year because of the delay in funding the project,' said State Board of Elections Co-Chair Doug Kellner at the March 15 meeting, which was held virtually. 'We're now talking about many months perhaps even more than a year after the deadline before the system will be ready.'" Gotham Gazette's Ethan Geringer-Sameth

#UpstateAmerica: 'All roads lead to Potsdam': A NY town of 16,000 has given out 50,000 vaccines so far.

 

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WHAT CITY HALL'S READING

NEW YORK CITY will set up dedicated vaccination sites for Broadway and theater industry workers , Mayor Bill de Blasio said Thursday — part of a push to bring back the Great White Way by September. The sites, which the city hopes to open next month, will include a location on Broadway staffed by unemployed theater industry workers, and a mobile unit serving off-Broadway theaters. Broadway theaters went dark more than a year ago, an unprecedented shutdown that has snuffed out a key part of the city's economy. "We will move heaven and earth to bring Broadway back," de Blasio said during his daily press briefing. POLITICO's Erin Durkin

— City Comptroller Scott Stringer and City Council Health Chair Mark Levine are pushing to make all adults eligible for vaccines immediately in the 33 neighborhoods hardest hit by the pandemic.

"THE CITY'S newly-permanent Open Streets program is poised for a spring revival. Mayor Bill de Blasio unveiled refreshed, yet still simple, guidelines for the program on Thursday — the same day applications reopened. He also pledged the city will provide support for communities that put up signage, close streets and set up barriers. 'We are going to ensure that it's even better in 2021 than in 2020,' he said. 'We have a chance now to learn from some of the things we did in 2020 and improve upon this amazing, amazing initiative.'" Patch's Matt Troutman

"A STATE appeals court on Thursday upheld the New York Police Department's decision to fire an officer for the 2014 chokehold death of Eric Garner. A five-judge panel of the state Supreme Court's Appellate Division ruled that there was substantial evidence showing that Daniel Pantaleo acted recklessly and that firing him was an appropriate outcome. Pantaleo went to court seeking to be reinstated after then-police commissioner James O'Neill fired him in August 2019 following a department disciplinary trial. His lawyer argued that termination was an excessive punishment and that was 'shocking to one's sense of fairness.'" The Associated Press's Michael R. Sisak

ON THE TRAIL — With the state poised to legalize marijuana, mayoral candidate Ray McGuire released a plan Thursday aimed at ensuring Black and Latino New Yorkers historically targeted by marijuana enforcement will be able to get jobs and start businesses in the new industry. His proposal would launch a citywide mentorship and workforce training program for cannabis, invest in incubators for cannabis startup businesses, make affordable space available for cannabis businesses, and create a "cannabis opportunity fund."

DEBATES! POLITICO will be co-hosting three NYC debates in June with NBC 4 New York/WNBC and Telemundo 47/WNJU in the races for mayor and comptroller. Moderators include City Hall Bureau Chief Sally Goldenberg, WNBC political reporter Melissa Russo, WNBC news anchor David Ushery and WNJU morning news anchor Allan Villafana.

 

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AROUND NEW YORK

— Mayoral candidate Shaun Donovan is pushing to allow non-citizens to vote in local elections.

— TU: 'Meet the woman coordinating the Capital Region's vaccine rollout.'

— City Council candidate Susan Lee was shoved down subway stairs in a random attack.

— The UFT is planning to endorse Brad Hoylman for Manhattan BP.

— Some New Yorkers have come to miss their commutes.

— The NYPD is deploying undercover officers as decoys in an attempt to combat anti-Asian hate crimes.

— A new Staten Island ferry boat will be named for Dorothy Day.

— More New Yorkers with Alzheimer's died in 2020 than in previous years, a trend which experts told Gannett is likely due to the Covid-19 pandemic.

— Dianne Morales' mayoral campaign has some snazzy sneakers.

 

Did you know that POLITICO Pro has coverage and tools at the state level? All the state legislative and regulatory tracking, budget documents, state agency contact information, and everything else you need to stay ahead of state policy movement integrate into our smart and customizable platform. Learn more and become a Pro today.

 
 
SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: CBS' Margaret BrennanNancy SnydermanVivian Yee, NYT Middle East correspondent … Phil Chui … Bloomberg's Chris Rovzar ... FDIC's Edward Garnett III … CBS' Kira Kleaveland

MEDIAWATCH — LaSharah Bunting will join Simon & Schuster as VP and executive editor, acquiring nonfiction and fiction. She most recently was director of journalism at the John S. and James L. Knight Foundation, and is a NYT alum.

 

A message from Opportunities for NY:

New Yorkers need job opportunities NOW that put food on the table. Our State can fund its budget gap with massive cuts to services OR expand downstate gaming through an open and transparent process for ALL THREE remaining licenses. New York State voters already approved the THREE remaining downstate licenses back in 2013. The hard part is done, New York State simply needs to release the bids which will:

  • Generate 200,000 new jobs, including 70,000 local union jobs;
  • Bring $1.5 billion in immediate state revenue; and
  • Achieve $900 million in recurring revenue for our State.


To learn more, visit opportunitiesforny.com

 
REAL ESTATE

"LIKE MANY New Yorkers, Rachelle Leconte has spent the last year trying to balance an impossible budget. Since losing her job as an overnight clerk at a Manhattan Hilton last March, the 38-year-old Brooklynite has been living off unemployment, coupons, and bulk food purchases...Despite her exacting efforts, Leconte fell behind on her $739 monthly rent at the end of last year. She now lives in near-constant fear of losing a rare affordable apartment in the only city she's ever known...Across New York, as many as 1.2 million renters are at risk of eviction, according to a report from the National Council of State Housing Agencies. Though the federal government has funded a substantial rent relief program, the state has so far struggled to get existing funds to tenants in need. With the eviction moratorium set to expire on May 1st, many New York City renters now find themselves trapped under a mountain of debt, and struggling with the psychic toll of not knowing how long they'll have a place to live." Gothamist's Jake Offenhartz

 

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