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Saturday, September 12, 2009

Clyde Vanel is Challenging Leroy Comrie in Queens; CHANGE IS GOOD



A look at politics in Queens...file under those in power, stay in power.

Or, vote for Clyde Vanel. I endorse Mr. Vanel.
CHANGE IS GOOD


Dueling campaign signs above a Run-DMC mural symbolize the heated City Council race between Clyde Vanel and Leroy G. Comrie Jr., the Democratic incumbent, in Queens.

September 12, 2009
A Stirring in St. Albans
Running on Obama Fuel, Upstart Takes on the Old Guard in Queens

By ANNE BARNARD, NY TIMES

Clyde Vanel’s yard signs were surprisingly ubiquitous. His billboards were “in your face.” And his bus-shelter ads were “tacky, tacky, tacky.”

That was the buzz at the Guy R. Brewer United Democratic Club one night in August. Right outside the club, the headquarters of the local political power structure, Mr. Vanel’s face grinned out onto a busy street in southeast Queens and greeted Councilman Leroy G. Comrie Jr.’s supporters as they filed in to plan their fight against Mr. Vanel, the upstart Democratic challenger.

“Takes a lot of heart,” said Richard Gibbs, a Comrie supporter and vice president of the United Black Men of Queens County, a civic group. He chuckled, adding, “Somebody’ll take a contract out on him if he keeps on going like that.”



Mr. Vanel, 35, said he knew the club would find the ads cheeky. Democratic Party leaders, he believed, viewed the very act of challenging their candidate as bad manners.

That is why Donnie Whitehead, the driving force behind Mr. Vanel’s campaign, says he is staking his reputation — built over decades as an unofficial neighborhood leader — on an inexperienced candidate he met just months ago. Traditionally, Mr. Whitehead says, just as the only way to heaven is through Jesus Christ, the only way into office in southeast Queens has been with the blessing of the Brewer club and the man who has run it for 39 years, the former councilman Archie Spigner.

“No more only getting elected through Archie,” Mr. Whitehead said.

Grass-roots campaigners like Mr. Whitehead helped Barack Obama break that barrier last year, giving him a decisive primary victory in southeast Queens, the heart of black middle-class New York, even though party leaders backed Hillary Rodham Clinton.

The local race — for the City Council seat representing a section of southeast Queens — tests a question that has tantalized Obama campaigners around the country: Can they use the momentum of 2008 to shift the balance of power in their hometowns?

To Brewer club veterans, loyalty is paramount, paying dues is required, and the club is the fabric of community. To them, Mr. Vanel — who is from the area but works as a lawyer in Manhattan — came out of nowhere. And recently, Mr. Vanel’s opponents have drawn attention to his past troubles: personal debts and allegations that he created a fraudulent job-placement company in 2005.

Mr. Comrie, a mild-mannered man, was shocked that Mr. Whitehead — who campaigned for him in 2001, whose community programs his office has financed, whose wife has tutored Mr. Comrie’s daughter — started running his opponent’s campaign without even a phone call.

Mr. Comrie delivers to District 27 a disproportionate share of city resources and says voters would be crazy to throw him out for a promise of new political openness that he does not believe is sincere.

“Donnie Whitehead is not to be trusted,” he said. “It’s not about engaging the Obama people. He wants to control things.”

Indeed, Mr. Comrie asserts that Mr. Whitehead sabotaged the club’s best chance to engage young people: The club joined with the Obama volunteers for the general election, but instead of encouraging his young allies to become members, Mr. Whitehead told them it stood for stagnation. Mr. Whitehead said they drew their own conclusions.

Mr. Whitehead, 63, does not deny he wants power — for people left out of politics.

“Democracy is like making a stew,” he said, sitting in his garage in St. Albans, refitted as a campaign headquarters. “It should be mixed in the community, not in the club.”

The Brewer club was once the upstart. In the 1950s, blacks flocked to southeast Queens’ spacious single-family homes. Founded in 1958, the club beat the white-dominated Democratic Party’s candidate in 1964 to elect Queens’ first black assemblyman. The courtly Mr. Spigner, a former bus driver, became district leader in 1970 and Queens’ first black councilman in 1974.

Now in their 80s, some pioneering district leaders are still in office. One leader, Dora Young, elected in 1974, makes six figures as deputy city clerk. Mr. Vanel likes to note that all his life, either Mr. Spigner, 81, or Mr. Spigner’s former chief of staff, Mr. Comrie, 51, has held the Council seat.

Now, the community is changing. The Brewer club has struggled to attract many young members and Latino, South Asian and Haitian arrivals.

Mr. Whitehead had long wanted to challenge the club, and decided in February to back Mr. Vanel’s campaign after his first choice dropped out. They are an unusual pair: The slender Mr. Vanel, part owner of the East Village restaurant Permanent Brunch, wears khaki suits and trolls Facebook for supporters. The portly Mr. Whitehead, a retired subway station manager, prefers books to the Internet and dresses up in a dashiki.

In March, Mr. Vanel introduced himself to a crowd in Mr. Whitehead’s basement. He is one of 10 children of Haitian immigrants, he told them, a porter and a taxi driver who, in an enthusiastic but ill-informed burst of patriotism, named him Kleindinst Clyde Vanel after Richard Kleindienst, the Watergate-era attorney general.

Mr. Comrie can run again, Mr. Vanel reminded the crowd, only because he and fellow council members voted to change the term limits law to allow the mayor — and themselves — to run for third terms, overriding two voter referendums.

“How is it, if you represent a district that is 70 percent African-American, that you can take away their right to vote?” Mr. Vanel said.

“Mmm hmm!” the crowd responded.

Mr. Vanel reasoned that if he attracted some of the district’s 8,400 new Democratic voters who first cast ballots in November, he could win. The last time Mr. Comrie faced a primary, in 2001, just 16,000 of the district’s 160,000 residents voted.

In the spring, 12 Vanel volunteers worked 14-hour days to deliver letters to all 52,000 district Democrats who voted in 2008. They collected signatures to get Mr. Vanel on the ballot and asked people to put up yard signs. The team included Obama volunteers like Yvonne Belizario, 27, and local Howard University students recruited on Facebook.

Hugh Byfield, 81, a neighbor who first urged Mr. Whitehead to back Mr. Obama, had never campaigned before the presidential race. Now, he knocked on doors in a velour sweat suit and Nascar baseball cap. One June afternoon, Ruth Champen opened her door, and in his pillowy voice Mr. Byfield persuaded her to sign a petition and donate $10.

Mr. Vanel was impressed. “We don’t just have the grass roots,” he said. “We have the grass seed!”

Stumping in the Summer

As summer began, a confident Mr. Comrie reminded people he was running. In Jamaica, he visited a new mosque run by Guyanese immigrants who wanted street lights placed nearby, where a worshiper had been mugged. Mr. Comrie said tasks like this drew him into public service. “I like to show people how government can help them,” he said.

Mr. Comrie raked in union endorsements. Though he had raised $260,000, he had few ads on the streets. He slowed spending as he neared expense limits on candidates who take public financing; the $193,000 he had spent included tens of thousands on a run for borough president that was aborted after the term limits change. But in speeches, he emphasized his effectiveness, rattling off statistics on aid he had brought to the elderly, foreclosure victims and laborers.

Mr. Vanel focused on door-to-door talks. He ended up raising $107,071 and had $67,633 left in late summer. He was often short on specifics; at one forum he was stumped when asked to list the district’s police commanders.

His response to detractors was that after nearly 40 years of the same leadership, schools and neighborhoods were still struggling. “If you think it’s all good, vote for them,” he said.

By August, Mr. Vanel’s bald image smiled out from nearly 2,000 signs on supporters’ lawns. At the Brewer club, there was new urgency, and an article in The New York Times on Mr. Whitehead’s efforts prompted greater scrutiny of Mr. Vanel’s background.

Mr. Vanel acknowledges that creditors have sued him over debts totaling tens of thousands of dollars — not unusual, he said, for a restaurateur. In 2005, a lawsuit accused Mr. Vanel of having formed a sham company to win a city subcontract to help job seekers.

He never responded in court, and a judge ruled he had to return payments from the contract. The case was settled privately. Mr. Vanel said he did nothing wrong and ultimately paid $1,000.

Mr. Whitehead said he learned of the lawsuits from a reporter. He never checked Mr. Vanel’s background, he said, but judged him by talking and working with him.

“Whatever he says he’s going to do, he does,” Mr. Whitehead said, adding that young people attract disputes when they are “independent and aggressive.”

Mr. Comrie’s supporters have certainly been aggressive about criticizing Mr. Vanel. At the club in August, Mr. Spigner and others told supporters not to get “caught up into the hype” about the “empty suit” challenger.

One passionate speaker, Brian Simon, had been like a son to Mr. Whitehead — and was his first choice to challenge Mr. Comrie. Mr. Simon, 27, a senior aide to the local congressman, had planned to run, but after the term limits change could not bring himself to challenge an incumbent he respected. Now, he and his mentor were on opposite sides.

“Signs don’t vote,” he said, plugging Mr. Comrie’s clout. “We can’t let that go for a neophyte who may not know how to introduce a bill.”

Ms. Young, the longtime district leader, watched approvingly. Mr. Comrie could count on the club, she said, pointing to poll inspectors — picked by district leaders for $200 Election Day jobs — who were encouraged to take home Comrie lawn signs.

“They know if they don’t do this,” she confided, “they don’t work.” (Mr. Spigner denied this.)

Battle Lines Are Drawn

Mr. Vanel’s phone buzzed, and he whizzed off to Hollis Avenue in Mr. Whitehead’s minivan. There, Mr. Comrie was dedicating a street sign honoring Run-DMC, sharing a stage with two of the hip-hop pioneers. Above a Run-DMC mural, Mr. Vanel had rented a billboard — but now his face was covered with Run-DMC fliers and a Comrie sign.

When Comrie supporters refused to remove them, Ms. Belizario hoisted a Vanel sign above her head, shimmying to a DMC track. Soon, Natalie Cruz, 23, was dancing nearby with a Comrie sign.

“I stand behind him,” Ms. Cruz said. Mr. Comrie had financed her husband’s after-school program, Project Hope. Going door to door, she said, she found many young voters attracted to Mr. Vanel, wanting “fresh blood” or angry over term limits. But when she explained that Mr. Comrie had supported programs for their younger siblings, they changed their minds.

As for term limits, she said: “Undemocratic. If we don’t want him, we’ll vote him out.”

Mr. Vanel’s phone rang again. More hardball: The bus ad at the Brewer club had disappeared.

It was two weeks before Tuesday’s primary. With Mr. Obama embroiled in a battle over health care, Mr. Whitehead was tickled to have kicked up a fight of his own. “It’s heating up,” he murmured.

September 4, 2009
A Stirring in St. Albans
Emboldened by ’08 Race to Roil Waters at Home

By ANNE BARNARD, NY TIMES

The political reverberations still rumbling through southeast Queens — the heart of middle-class black New York — can be traced to a humble beginning. One afternoon in 2006, Hugh Byfield crossed the street to tell the most politically savvy person he knew, his neighbor Donnie Whitehead, about a black man he had seen on television.

This man, a politician, waded into adoring white crowds in rural Illinois, where Mr. Byfield, 81, thought a black man ought not go without security guards. “This man is going to be president,” Mr. Byfield said. “We have to support him.”

Mr. Whitehead, a retired subway station manager, rubbed his head, confused by the man’s name. “Barack Alabama?” he asked.
Donnie Whitehead, front, canvassing in St. Albans, Queens, with Clyde Vanel, who is challenging a two-term city councilman. (Nicole Bengiveno/The New York Times)

Two years later, Mr. Whitehead and a band of Queens campaign volunteers he had helped organize exulted in Barack Obama’s presidential victory. They had helped deliver a resounding upset win in southeast Queens in the Democratic primary, defying local political leaders, who backed Hillary Rodham Clinton. Then they had sent hundreds of campaigners to swing states to help clinch the presidency.

Mr. Whitehead, 63, had a lifelong aptitude for organizing people, but he had never so directly grasped the levers that put people in power. And many of the volunteers, like Mr. Byfield, a Jamaican immigrant, had never before worked for a political cause.

The confetti was still falling at the Guy R. Brewer United Democratic Club, a fluorescent-lit hall on a street with neat two-story houses and sandwich shops protected by bulletproof glass, but the Queens volunteers were looking ahead. They wanted to turn their amorphous sense of newfound power into tangible change close to home — better schools, fewer foreclosures, new blood in local government — and now they felt strong enough to try.

“A lot of these local politicians need to watch out,” Marvin Griffin, 28, a school administrator, shouted over the cheers. “This has brought a whole new crowd into politics.”

It is too soon to tell whether newly minted activists like these will change politics across the country. But it is clear that in southeast Queens, the campaign unleashed forces that have begun to shift the landscape.

Within weeks, Mr. Whitehead was wondering if he should dare to spend this precious capital — the momentum of a unique moment in history — on a new, perhaps more challenging mission. He was contemplating a frontal assault on the powerful local Democratic Party establishment. Critics and even some of its leaders call it the machine.

The Obama campaign resonated in southeast Queens, an overwhelmingly black and Democratic district where many voters felt they had made a difference in a national election for the first time. Neighborhoods like Hollis and St. Albans look like archetypal small-town America, with sidewalks, gardens and friendly neighbors. It is a bastion of black homeownership but has pockets of poverty and has been hit hard by foreclosures.

Like countless others from Harlem, the South and the Caribbean, Donald M. Whitehead moved to St. Albans for “a house you can walk around.”

Mr. Whitehead was born in Ahoskie, N.C., to a logger and a factory worker. A schoolteacher took him to civil rights marches; the soaring metaphors of the Rev. Dr. Martin Luther King Jr. inspired him to read about history.

In 1964, he moved to Harlem, calling himself Donald 23X. He absorbed street politics from Malcolm X and insider politics from Adam Clayton Powell Jr. But he was too independent — some might say bullheaded — to sign on with any one group.

He and his wife, Jo-Ann Floyd-Whitehead — a math teacher he met at a dude ranch — moved to St. Albans in 1976. In the 1980s, they protested a racially charged killing in Bensonhurst, Brooklyn. Mr. Whitehead ran for the school board on a United African Party ticket.

But mainly, they became neighborhood troubleshooters. As activist public school parents, they tutored local children in their garage, refitted as a sunlit meeting place. If a favorite principal was fired or an after-school program closed, people went there to plan a response.

The Whiteheads and Mr. Byfield worked in 2007 to get Mr. Obama on the ballot. When a Queens campaign office opened in January 2008, the Whiteheads pulled in all their neighborhood contacts, as volunteers converging from around Queens tapped their own networks.

The effect was electric, said Joyce Johnson, the campaign’s New York State field director.

“When you don’t know politics, you’re not scared of it,” Ms. Johnson said. “They were not intimidated by the political establishment. They simply said, ‘They’re wrong.’ They tapped into community like I have never seen.”

Mr. Obama won 56 percent of the primary vote in the Sixth Congressional District, which covers most of southeast Queens. It was one of two districts in the state that gave him a majority, and thus three of the district’s five delegates in a race in which every one counted. It was a shock, Ms. Johnson said, because the pro-Clinton power structure was so strong. In southeast Queens, she said, the machine usually works.

The day after Mr. Obama won the presidency, Mr. Byfield took out an American flag he had found in his house when he moved in 1970. A citizen for 35 years, he had sent his four children to Ivy League colleges, but never felt moved to unfurl the flag. That night he hung it on his door; it had only 48 stars.

“For the first time,” he said, “I felt really part of America.”

But as the bunting was cleared from the Brewer Club — the power center of the local party establishment, which backed Mr. Obama in the general election — a new conflict was brewing.

Mr. Whitehead wanted new candidates to challenge the club-endorsed officials, elected year after year by the handful of party faithful who bother to vote and who populate the civic groups he had worked with over the years.

“Anytime you’re in a group where everybody’s over 60, it’s time for me to leave,” he said. “Most of these groups, every year they do a big, fancy dinner dance, and that’s it.” He chuckled. “Electric slide.”

Someone who won office by going door to door — really listening to people who had never been part of the political circuit — would be better at solving neighborhood problems, he believed.

The person he had in mind was Brian Simon, 27, another Obama campaigner. Mr. Simon was a senior aide to the local congressman, Gregory W. Meeks, but for several years Mr. Whitehead had been his mentor and a father figure. The two often talked politics at a diner late into the night. Mr. Simon wanted elected office so badly he had prayed for it at the Western Wall in Jerusalem. He was eyeing a City Council seat.

But there was a catch. The Council had just approved Mayor Michael R. Bloomberg’s bid to revise term limits. Now, if Mr. Simon ran, he would be challenging a kindly man, an insider who was expert at delivering city money to his district: the two-term councilman, Leroy Comrie, who had voted to free Mr. Bloomberg, and himself, to run again.

In effect, Mr. Simon would be taking on the whole Queens Democratic organization. To party veterans, it is a well-oiled mechanism to turn out voters; detractors contend that the officials it helps elect reward loyalty with jobs and financing for favorite organizations, stifling debate.

Mr. Whitehead recalls Mr. Simon worrying that if he challenged the incumbent, the party could sabotage his career. Mr. Simon strongly denies this.

The obstacles only tantalized Mr. Whitehead. Overturning term limits approved twice in voter referendums was tantamount to stripping New Yorkers of the right to vote, he said. But he would not pressure Mr. Simon.

So in December, when dozens of volunteers fired up for the next mission met in the Whiteheads’ basement — they no longer fit in the garage — Mr. Whitehead and Mr. Simon proposed something much less confrontational. The volunteers would create the Frederick Douglass Institute, a grass-roots research center, to study issues — policing, education, political accountability — and promote policies they liked.

Deep down, Mr. Whitehead still wanted to try the impossible. “You have to believe in a dream world,” he said.

In Washington for the inauguration, Mr. Whitehead surveyed the crowds.

“All the people in power” thought Mr. Obama should wait his turn, Mr. Whitehead remarked. But Mr. Obama “understood the zeitgeist,” he said, and picked the right moment.

The wheels in Mr. Whitehead’s mind were turning.

Back home, he found a neighborhood in crisis. A judge had upheld the term-limits change, and people were angry. On his block, several people had lost jobs, and foreclosures had crowded three generations into a single house.

Now he pushed Mr. Simon hard. “He read to me about ‘the fierce urgency of now,’ ” Mr. Simon recalled. Mr. Obama too had quoted the phrase of Dr. King.

Mr. Whitehead recalls saying, “If they could tell you to sit down for four years and be quiet, then you’re finished. If you’re not a warrior at 27, when are you going to be a warrior?”

Mr. Simon would not budge. He says he never feared retaliation, but thought running would be “toxic” and divisive and could deprive the district of an effective legislator. “I put my community first,” he says.

Mr. Whitehead reminded him that he had nothing against Mr. Comrie, saying, “It’s not the individual, it’s the principle.”

In February, City Comptroller William C. Thompson Jr., running for mayor, spoke in the Whiteheads’ basement. The volunteers noted their new clout, and the visit attracted newcomers. One was Clyde Vanel, 35. He wanted to run for City Council.

Mr. Vanel was the son of Haitian immigrants. A lawyer in Manhattan and an owner of an East Village restaurant, Permanent Brunch, he was not an obvious partner for Donald 23X.

But they talked for hours. Both saw a one-time chance to attract new voters, and Mr. Vanel won Mr. Whitehead’s highest praise: “A hard worker.”

Mr. Simon pleaded with Mr. Whitehead not to deploy his network for Mr. Vanel. He wanted to run in 2013. Mr. Whitehead realized he might have to abandon the man he had nurtured.

“It’s like if you’re sitting on a nail,” said Ronald Summers Sr., a transit employee and an Obama volunteer. “You see an opportunity to get up off that nail, and someone says, I want you to sit back down and wait four years.”

The deciding moment came when people walked into the Whiteheads’ basement with a message from the Democratic club. Mr. Whitehead will not say who the people were, and club leaders deny sending anyone. The visitors delivered this request: Stay neutral.

Mr. Whitehead says the club could offer him nothing: “We want a free, fair and democratic society. In other words, we don’t want anything.”

The next day, he called Mr. Vanel and said, “Look, let’s start work.”

Alain Delaquérière contributed reporting.

Leroy Comrie:
A ‘Son’ And Successor Speaks Out

About His Political Mentor
By MICHELLE SELLERS, Southeast Queens Press
LINK

Come Jan. 1 2002, Southeast Queens’ District 27 will have a new Councilman – his name is Leroy Comrie.

Whether it is on the sidelines, in the background or right up front; Leroy Comrie has been Archie Spigner’s right-hand man

Few people know Archie Spigner
like he does – Comrie has worked closely with him since 1983.

"You get to know a person after 18-plus years. I am a frequent guest in his home, a car-pool companion to many meetings and events, a confidant, a student, a third son and now his successor," Comrie said.

When speaking of his political mentor, Comrie said "He shared with me how to be affective and is sharing with me how to be affective [in the City Council]. He is a
person that has a keen sense of the dynamic of a situation. He
does his homework and is never unprepared. He’s willing to listen to reason. He loves to debate. He likes to write and truly loves the City. He believes in the essence and beauty of New York and is working hard to represent this district."

According to Comrie, Spigner never takes anything at face value — he always queries.

"He has worked hard for equality
to ensure all are given equal treatment and that the district would have as much as or more than other districts," Comrie said. "He worked hard to be respected. He made sure he understood protocol in government. He is a prolific reader who liked to challenge people intellectually and is never afraid to enter into new areas. Archie is a lot tougher, smarter and hardworking than his detractors would have the world believe. He has never backed away from an issue in which he has believed.

"In the end," Comrie said, "[Spigner’s] legacy is enormous. We will not let him go quietly ino that good night, though. His knowledge and passion for government will be utilized by many of us seeking to make this a better city."

Looking ahead Comrie said "I anticipate that it is going to be a lot of work. We are in a changed world. There are budget deficits. It’s almost like going back to the 1970’s when there was a time of extreme need in the city, the government and the country. Throughout this my goal is to make effective change to protect the district."

Deputy Majority Leader Archie Spigner
Southeast Queens Press
LINK

Councilman Archie Spigner has been a member of the City Council since 1974 and has risen to the post of deputy majority leader, the second highest position in the council. His legislative responsibilities have included chairmanships of the committees on the Legislative Office of Budget Review, Economic Development and, presently, Housing and Buildings. He also serves on the council’s budget negotiating team and is liaison for the council’s 14-member Queens delegation. He was elected to the board of the National League of Cities, the major advocacy group for America’s urban areas, and now serves on its advisory board.
deputymajorityleader.gif (25726 bytes)

He has introduced a wide range of legislation: creation of the Environmental Control Board, Business Improvement Districts (BIDs) and Economic Development Zones; increased penalties against non-conforming uses and illegal conversions of residential areas;
tax abatements for residential housing; unit pricing in drug stores; increased participation of minority- and women-owned businesses for city contracts and tougher fire, construction and lead paint safety requirements.

In the community, he was a leader in the efforts that led to the construction of York College in Jamaica, the Addabbo Federal Office Building, the Archer Avenue subway, the Jamaica Multi-Service Center and health clinics in Southeast Queens. His actions as chair of the council’s Housing and Buildings Committee resulted in the building of a large number of new housing units in Southeast Queens and throughout the city. In fact, under his chairmanship, the city’s $5 billion housing program was started. He has also affected funding for street and sewer construction in Southeast Queens, as well as new public libraries.

He was past chair of the Queens United Negro College Fund and the Boy Scouts Campaign. He is a board member of the United Black Men of Queens and of Jamaica Hospital, and is a member of Omega Psi Phi fraternity and the Lutheran Church of the Resurrection in St. Albans.

Before his election to the City Council, Spigner was active in Local 1056 A.T.U. and also worked closely with A. Philip Randolph in forming the Negro American Labor Council, which fought to open up trade unions and apprenticeship opportunities for African-Americans.

As executive member of the Guy R. Brewer United Democratic Club, he was instrumental in electing the first African-American Supreme Court justice, assembly member, state senator and congress member in the borough of Queens. Also, Spigner played key roles in the campaigns of David Dinkins, Percy Sutton, Carl McCall, Rev. Jesse Jackson, Rev. Floyd Flake and numerous others.

He believes in a strong public education system and has funded capital improvements for a significant number of schools. Spigner is a graduate of Queens College, where he also did post-grad work. He represents the communities of Hollis, Jamaica, Queens Village, St. Albans, Addisleigh Park, Rosedale and Cambria Heights in Southeast Queens.

He is married to Christine Spigner, who was formerly chair of the board of trustees of the Queens Borough Public Library. They have a son, a grandson and two great-granddaughters.

Members of New York City's Conflicts of Interest Board are Cited For Conflicts of Interest



Remember that a law is only as good as it's implementation, and when you have people who are not elected to their jobs, look at who appointed them when you want to know what they think and what they will stand for in terms of issues that may be important to you. The Conflicts of Interest Board seems to be as good as Mayor Bloomberg wants them to be. Right now in New York City, everyone is being sued and investigated by everyone else, so keep reading the news. Someone blew the whistle on COIB.

MEMBERS OF THE CONFLICTS OF INTEREST BOARD
LINK

Appointed by the Mayor with the advice and consent of the City Council, the Board's five members serve staggered six-year terms and are eligible for reappointment to one additional six-year term. Under the Charter, the members must be selected on the basis of their "independence, integrity, civic commitment and high ethical standards." While serving on the Board, they may not hold any other public office or any political party office.

STEVEN B. ROSENFELD, CHAIR

Steven B. Rosenfeld was appointed to the Board in May 2002 and was named Chair in June 2002. Now Of Counsel to Paul, Weiss, Rifkind, Wharton & Garrison, Mr. Rosenfeld’s litigation practice has spanned a variety of areas, with emphasis on securities, insurance and reinsurance, and complex trust and estate disputes.

Mr. Rosenfeld's active pro bono practice has ranged from Legal Aid cases, to criminal appeals, to a Texas death penalty case. In October 2003, he was elected as Chair of the Board of Visitors of City University of New York (CUNY) Law School, where he is currently teaching a seminar in Government Ethics.

Mr. Rosenfeld served as law clerk to the Honorable Charles M. Metzner of the United States District Court for the Southern District of New York, and as Deputy General Counsel of the New York State Special Commission on Attica. He is a past member of the Executive Committee and past Vice President of the Association of The Bar of the City of New York. He has been a member of the Board of Directors of the Legal Aid Society, and served as its President from 1989 to 1991. As a lecturer in law at Columbia Law School, he has taught in the Profession of Law and Trial Practice courses.

Mr. Rosenfeld graduated from Columbia College and Columbia Law School, magna cum laude.

ANGELA MARIANA FREYRE, BOARD MEMBER

Angela Mariana Freyre was appointed to the Board in October 2002 and reappointed in March 2005. As Senior Vice President and Deputy General Counsel for Legal and Strategic Affairs of the Nielsen Company, Ms. Freyre oversees major contracts and expands strategic relationships with Nielsen’s clients, industry groups, and other entities and supports Nielsen’s political and governmental affairs. Prior to joining Nielsen, Ms. Freyre was a partner of Coudert Brothers LLP, where she jointly headed the firm’s Latin American practice. She began her legal career at Mudge Rose Guthrie Alexander & Ferdon LLP, serving in both the New York and Paris offices.

Ms. Freyre is a member of the New York City Latin Media and Entertainment Commission; a member of the Task Force on Diversity in Film, Television and Commercial Production in New York City; a member of the Board of Trustees of The New York Studio School of Drawing, Painting and Sculpture, Inc.; and a member of the Board of Trustees of LongHouse Reserve.

Born in Havana, Cuba, Ms. Freyre is trilingual in Spanish, English, and French. She received her undergraduate degree from Wellesley College, her D.E.J.G. (Mention Assez Bien/Honors) from Université de Droit, d’Economie et des Sciences Sociales de Paris (Paris II), and her J.D. and her LL.M. (in International and Comparative Law) from Georgetown University Law Center. Ms. Freyre was also a Fulbright Lecturer at the Université de Droit, d’Economie et des Sciences Sociales de Paris (Paris II), where she established an American Common Law Program for l’Université de Paris II and authored Legal English II, a textbook published in France and used in the American Common Law Program of l’Université de Paris II and twelve other universities in France.

MONICA BLUM, BOARD MEMBER

Monica Blum was appointed to the Board in August 2004 and reappointed in October 2006. Ms. Blum is the President of the Lincoln Square Business Improvement District, a position that she has held since October 1996, prior to the official formation of the business improvement district. Prior to that, sheworked as a consultant and legal advisor to the 92nd Street Y, which she joined in 1995 after more than 20 years in various senior positions in New York City government. She began her career as an Assistant to then Congressman Edward I. Koch in 1969.

Ms. Blum was appointed by Mayor Bloomberg to the Mayor’s Committee on Appointments in 2002, is the former President of the BID Managers’ Association, and is currently a member of the Association’s Executive Committee.

Ms. Blum graduated from Connecticut College and received a Masters of Arts in Russian Literature from NYU. She received her law degree from New York Law School after attending night school while working full time.

ANDREW IRVING, BOARD MEMBER

Andrew Irving was appointed to the Board in March 2005. Mr. Irving serves as Managing Director and General Counsel of Independent Fiduciary Services, Inc., a registered investment adviser that provides consulting and decision-making services to public and private sector benefit plans and other institutional investors. He leads IFS’ fiduciary decision-making practice, which focuses on providing independent, conflict-free, discretionary decisions regarding particular transactions or plan assets. As General Counsel, Mr. Irving also oversees IFS’ internal legal affairs. Prior to joining Independent Fiduciary Services, Mr. Irving was a partner at Robinson Silverman Pearce Aronsohn & Berman and Bryan Cave LLP, where his practice focused on employee benefits, labor relations, and collective bargaining matters, and also included representation of regulated companies in the telecommunications and energy industries. While at the firm he supervised its New York office’s pro bono activities, and mentored the Moot Court team from Brooklyn’s Thomas Jefferson High School.

After graduating from Yale College and Columbia Law School, where he was a member of the Law Review, Mr. Irving clerked for the Honorable Eugene H. Nickerson, United States District Judge for the Eastern District of New York.

BURTON LEHMAN, BOARD MEMBER

Burton Lehman was appointed to the Board in July 2009. He is Of Counsel to Schulte Roth & Zabel LLP, a law firm which he helped to found in 1969. Mr. Lehman is an alumnus of Columbia College (A.B. 1962) and Columbia Law School (J.D. 1965, magna cum laude), where he was the Writing and Research Editor of the Columbia Law Review.

Mr. Lehman has been a lawyer, advisor and counselor throughout his career. His practice has been very broad-based, with an emphasis on financial and real estate transactions and partnership matters.

Mr. Lehman was Chairman of the Board of Governors of Hebrew Union College-Jewish Institute of Religion from 1997 through 2006. He continues to serve on that Board and is also a trustee of The HealthCare Chaplaincy. Mr. Lehman is a member of the Board of Visitors of Columbia Law School and was a trustee of The Town School from 1980-1989.

Mr. Lehman served as a law clerk to the Honorable Harold R. Medina, of the United States Court of Appeals for the Second Judicial Circuit, in 1965-66, and also was Associate Counsel to the Temporary New York State Commission for the 1967 Constitutional Convention.

Directory of Ethics Organizations

September 7, 2009
City Board Set Up to Monitor Ethics May Have Conflicts of Its Own
By DAVID W. CHEN,NY TIMES

Ever since the New York City Charter was revised in 1989, public officials have been warned about trying to parlay their official positions into personal gain. And the powerful, if largely anonymous, body that keeps those officials in line, using the threat of hefty fines and even job termination, is the city’s Conflicts of Interest Board. [From Editor: You can buy the NYC Charter and other books on NY government]

But even as they scrutinize the ethics of others, several board members, all five of whom were appointed by Mayor Michael R. Bloomberg, have ties to city funding and the mayor’s fortune that raise questions about their own potential conflicts.

One member, Monica Blum, testified at a recent City Council hearing in favor of a project that would benefit the Lincoln Square Business Improvement District, a group for which she serves as president.

Another member, Angela Mariana Freyre, was once a registered lobbyist who, city records show, tried to influence both the mayor’s office and the City Council while on the board — even though the City Charter forbids that.

Several members — including the newest one, Burton Lehman, a former general counsel at the real estate developer Tishman Speyer — sit on the boards of nonprofit groups that have received city contracts or have accepted charitable money from Mr. Bloomberg.

Such affiliations are legal. But when it comes to government ethics, perception is often as important as reality, and watchdog groups say the board members, all lawyers, are doing a poor job of proving that they are independent and not beholden to the mayor’s wallet.

“Fair or unfair, being on the Conflicts of Interest Board, you have to be above reproach,” said Gene Russianoff, senior lawyer at the New York Public Interest Research Group. “I do not think being on the boards disqualifies you, but for the best appearance, you should think long and hard about resigning your post or suspending your involvement during your term on the conflicts board.”

Richard Briffault, a Columbia Law School professor who was a consultant to the 1989 Charter Revision Commission that created the board, was even more blunt.

“Somebody who’s on the board shouldn’t be a lobbyist, and somebody who’s on the board shouldn’t be someone for whom the success of their job depends on working closely with city government,” he said. “If the people in charge of policing the rules are not following the rules, that’s a problem.”

But Steven B. Rosenfeld, chairman of the conflicts board, expressed confidence that members, who are appointed to six-year terms, had assiduously avoided any compromising situations and said the notion that members should forsake their charitable activities was shortsighted.

“The things that you mention, while they are theoretically a problem, I think the fix would be worse,” said Mr. Rosenfeld, who has been on the board since 2002. “If you say you have to step down from your charitable activities and you’ve got to circumscribe whatever else you do in life, I think you would have a Conflicts of Interest Board composed of the people you don’t want — not public-spirited people — and I think it would make for a very cloistered board.”

He said the mayor’s wealth had played no role in the board’s judgment. Some members, he added, were not aware of the mayor’s philanthropy or the city’s grants to the groups they were involved with; and much of the board’s work is handled by its staff.

“I really do reject the suggestion that we’re giving anyone any easy ride because of who they are or how much money they have,” he said.

Still, the board was roundly criticized last year for allowing the City Council to tear up the term limits law, a move that Mr. Bloomberg supported so he could seek a third term.

Nor did it help when the board allowed Joel I. Klein, the schools chancellor, to raise millions of dollars for his national nonprofit education group last fall using city resources and on city time. By contrast, the board fined Susan Finkenberg, who was a lawyer for the city’s Human Resources Administration, $1,500 last month for using her city-issued LexisNexis password to look up 31 people, including several law school classmates. “Personal, non-city purposes,” the board ruled.

Dick Dadey, executive director of Citizens Union, a nonprofit government watchdog, said, “There may be reason to question how strongly they are monitoring the activities of senior administration officials, given that they have ruled against a number of lower-level city employees for rather minor mistakes or judgments and then appear not to be as equally fair-minded in their review of higher-level folks.”

Mr. Rosenfeld disagreed. “These critics don’t read about the many, many times every week in which we’re saying ‘No’ to these people,” he said. “We haven’t kept score, but I can guarantee you, the number of calls from City Hall to 2 Lafayette Street, bouncing things off — ‘Can we go there?’ ‘No, we shouldn’t’ — are vastly more in this administration than before.”

Until last year, Mr. Rosenfeld was on the board of the New York Theater Workshop, which has received $261,000 in grants from the city’s Department of Cultural Affairs since 2002 and more than $70,000 from Mr. Bloomberg, according to city records. Mr. Rosenfeld said he would leave the boardroom when city funding or outside grants for the workshop came up for discussion.

Ms. Freyre, who has been on the conflicts board since 2002, has been on the board of the New York Studio School of Drawing, Painting and Sculpture since the mid-1980s. The school has received $150,000 from Mr. Bloomberg since 2002, and more than $60,000 in city grants in the last two years, records show, but Ms. Freyre said she had always recused herself from any dealings with the city.

“I have made it extremely clear on every single not-for-profit board that I cannot in any way, shape or form use my position in any way, or approach any official in any way,” she said.

Stu Loeser, Mr. Bloomberg’s chief spokesman, said the mayor gave $235 million in 2008 to more than 1,200 groups. “It would be a lot more surprising if you took any group of civic-minded New Yorkers and there wasn’t any overlap at all between any of the groups they and he support,” he said.

Ms. Freyre was also an unpaid lobbyist working on behalf of the Nielsen Company from April through December 2004. Her role, according to city records, was to promote a viewer ratings system that critics contended underrepresented black and Hispanic consumers.

But Ms. Freyre, who is now Nielsen’s senior vice president and deputy general counsel, contended that all she did was attend City Council hearings and join company officials at meetings with council members, during which she took notes, but never uttered a word.

“I was not lobbying; I was not advocating,” she said. “Advocacy means opening your mouth and trying to persuade someone they should or should not do something.”

In Ms. Blum’s case, the group she presides over, the Lincoln Square Business Improvement District, has received nearly $20,000 in city contracts since she joined the conflicts board in 2004.

In May, when Ms. Blum testified at a Council hearing about a Fordham University expansion project in the district, she did not mention her position on the conflicts board.

Councilwoman Gale A. Brewer, who represents the area, said Ms. Blum’s presence made her uncomfortable. “Anybody who testifies should disclose any interest or potential interest,” she said.

Ms. Blum referred calls for comment to the board. Mr. Rosenfeld, while noting that he was not briefed on the details of this case, argued that it would have been more problematic had she mentioned the board, because council members might have felt more pressure.

Still, the board has proposed changes to the City Charter (known as Chapter 68) that would give it more autonomy through an independent budget and stronger investigative powers. Membership guidelines would also be amended. Though the charter says a member cannot “appear as a lobbyist before the city,” the new proposal would permit members to appear, either on their own or on behalf of their employers, before any city agency except the conflicts board.

“Members of the board have other lives,” Mr. Rosenfeld said, “and if their duties in their other life suggest that they must appear before a city agency, as long as it’s not involving Chapter 68 or the board itself, I’m not sure that there’s a problem there.”

Wednesday, September 9, 2009

The New York City BOE Makes Re-Assigned Teachers Into "Trailer Trash"

George Washington High School, 549 Audobon Avenue at West 192nd Street
New York, N.Y. 10040

It's not that we didnt know what the NYC BOE thought of teachers who are over forty and have had a run-in with the Principal...but to place teachers awaiting a hearing on unproven charges that could be completely false - in trailers??????? With bars on the windows????????????

C'MON, Joel and Mike!

'Rubber-room' teachers feel like they're in prison
By AMANDA MELILLO and YOAV GONEN, NY POST, September 9, 2009
LINK

They've gone from "rubber rooms" to metal ones.

More than a dozen teachers awaiting disciplinary hearings have been moved from a Manhattan office building to prefabricated trailers with steel sinks and child-height toilets outside a Washington Heights school.

Because the space on the grounds of George Washington HS is surrounded by fencing and, like other teacher reassignment centers, guarded by security, some compared their new home to prison barracks.

"As a human being, this hurts me that one human being can do this to another," said Thomasina Robinson, a former teacher at the HS of Fashion Industries who has been in disciplinary purgatory for three years.

She says the charges against her, including insubordination, were trumped up because she blew the whistle on a grade-inflation scheme at her school.

Nearly 700 school employees -- including 556 teachers -- are assigned to teacher-reassignment centers, which are commonly known as "rubber rooms" because their denizens feel as though they could bounce off the walls from boredom.

The educators -- whose charges range from relatively minor infractions to more serious, criminal allegations -- are given nothing to do, but are paid full salary as they wait for months, and sometime years, to complete their hearings.

Sunday, August 30, 2009

Principals In NYC Leave 1,800 Teaching Jobs Open Rather Than Hire Excessed Teachers



August 29, 2009
Amid Hiring Freeze, Principals Leave Jobs Empty
By JENNIFER MEDINA, NY TIMES

Less than two weeks before the start of school, about 1,800 teaching jobs in New York City remain open as principals appear to be resisting orders to fill vacancies with teachers whose previous positions were eliminated.

Facing steep budget cuts, the Education Department enacted a hiring freeze in the spring, requiring principals with openings to hire teachers who are already on the city’s payroll but who have no permanent position, often because their schools were closed for poor performance.

But many principals prefer new teachers. So in an act of quiet defiance, they are allowing jobs to sit vacant, leading to one of the most difficult hiring seasons in recent history despite the large number of vacancies and the thousands of candidates who could fill them.

Teachers who lost their old posts are frustrated about the scarcity of job offers. New teachers who cannot get hired are furious after upending their lives to begin careers they must now delay. And principals are upset that after years of choosing their work force, their options are being drastically limited.

“The picture out there is not pretty,” said Jemina R. Bernard, who directs the New York office of Teach for America, which recruits recent college graduates to teach in low-performing schools. Fewer than half of the recruits this year have landed jobs in city schools; by this time last year, 90 percent had.

The openings represent about 2 percent of the city’s teaching payroll, and officials expect that some will be filled before Sept. 9, the first day of school. But a number of schools may end up with larger classes or have to temporarily stop offering a subject.

For years, a teacher whose job was eliminated because of declining enrollment, budget cuts or school closings had the right to “bump” a teacher with less seniority out of a job at another school. But in 2005 the city and the teachers’ union agreed to give principals the right to choose whom to hire.

As Chancellor Joel I. Klein moved aggressively to close poor-performing schools, more teachers found their positions eliminated. And principals tended to hire younger, newer teachers because they were cheaper and did not carry the stigma of having come from a failing school.

So many of the older teachers, who were guaranteed full salaries and benefits, wound up in the so-called absent teacher reserve pool, usually working as substitutes. There are now 1,983 teachers in the pool, earning more than $200 million a year in pay and benefits.

Mr. Klein has suggested that those who do not find jobs quickly are undesirable, or that they have stopped looking. But now the chancellor, who has given more autonomy to school leaders and encouraged the recruitment of new teachers from nontraditional backgrounds, is trying to coax principals to hire from within.

“The economics are that you have to do this,” Mr. Klein said. “But I think everybody, starting with me, knows that this is not the ideal in any way, shape or form.”

With the teachers’ contract up for renewal this fall, Mr. Klein said he would push for a limit on how long teachers could stay in the reserve pool before they could be laid off. But an arbitration board has rejected such a limit.

Michael Mulgrew, the president of the teachers’ union, the United Federation of Teachers, said that the Education Department had not made a great enough effort to place teachers and that Mr. Klein had unfairly maligned them, making it even harder for them to find jobs. And, Mr. Mulgrew said, principals are reluctant to take on their higher salaries.

About a third of the nearly 2,000 teachers who lost their posts in June have found a job this summer. Some new teachers have landed jobs in specialized areas, like special education and the sciences, in which Mr. Klein has made an exception to the hiring freeze.

But more than 300 teachers have been in the pool for more than a year, and about 150 for more than two years. To entice principals to hire teachers who have been in the pool the longest, Mr. Klein has offered to pay part of their salaries from his central budget for up to eight years.

Several principals — who did not want their names published for fear of angering the administration or the teachers’ union — said they were circumventing the restrictions by offering new teachers jobs as long-term substitutes or hiring them as specialized teachers but placing them in regular classrooms. Some said they planned to eliminate open positions from their budgets rather than take on teachers they considered undesirable, and others said they were holding out in the hope that Mr. Klein would lift the restrictions.

Valerie Hamilton-Roux, 45, who was a reading specialist at Public School 201 in Harlem until it was closed last year, said she had been little more than a “glorified sub” since then. In the last several months, she has attended job fairs and sent out more than a hundred résumés to schools, she said.

“I want to work and be useful, not just a placeholder,” she said. “Whether I don’t say what the principals want to hear or whether they’re skeptical because I haven’t been in the classroom for a year, I don’t know. It’s getting harder to not have sleepless nights.”

Krystel Martinez, 27, also cannot find work. She left a job at Sony Music to enter the Teaching Fellows program, which recruits people without classroom experience to teach while earning a master’s degree in education.

“Why did they go ahead and bring us if there were no jobs for us to have?” Ms. Martinez said. “Some people are losing motivation, but we’re all concerned about having a roof over our heads.”

During a job fair on Wednesday in a clubhouse bar at the Mets’ stadium, Citi Field, principals sat behind small cocktail tables, with lines of job seekers snaking through the hall. Hundreds of candidates stood in line for a chance at one of two jobs at East Bronx Academy for the Future. The principal, Sarah Scrogin, said she had received very few applications from teachers who had been in the reserve pool for an extended time. And like others, she found several candidates whom she would be happy to hire but cannot because of the freeze.

“This should be a time when we are really picky,” Ms. Scrogin said. “The last thing you want to do is bring somebody on who you will regret later.”

Friday, August 21, 2009



New York Governor David Paterson did not have the legal authority to appoint Richard Ravitch (or anyone, for that matter), as lieutenant governor in July, 2009:



Court says Ravitch appointment unlawful
CRAIN's NY, August 20, 2009 - 3:46 pm
LINK

(AP) - An appeals court has ruled that New York Gov. David Paterson's appointment of a lieutenant governor was unlawful, upholding a constitutional challenge brought by the state Senate's minority leader.

A Brooklyn-based appellate panel said in an opinion Thursday that no state law or constitutional provision allows the lieutenant governor's post to be filled by anything but an election.

The Democratic governor tapped longtime government adviser Richard Ravitch for the post on July 8 to break up a Senate leadership logjam and said state law allowed the appointment. Senate Republican leader Dean Skelos said the state constitution did not.

New York Appellate Court Says Paterson Can’t Appoint Ravitch
By Henry Goldman, Bloomberg.com
LINK

Aug. 20 (Bloomberg) -- New York Governor David Paterson didn’t have legal authority to appoint a lieutenant governor last month, a state Appellate Court ruled.

A four-judge panel of the Second Judicial Department Appellate Division in Brooklyn unanimously affirmed a Nassau Country Supreme Court trial judge’s preliminary injunction barring Paterson appointee Richard Ravitch from taking office.

A state statute authorizing the governor to fill vacant elected positions “cannot be constitutionally applied with respect to a vacancy in the office of lieutenant governor,” the court held.

The justices ruled that Republican Senate Minority Leader Dean Skelos, of Rockville Centre, Long Island, had legal standing when he sued to block Paterson’s July 8 appointment of Ravitch. They remanded the case to Supreme Court Judge William LaMarca, who granted the July 22 preliminary injunction prohibiting Ravitch from exercising any powers of the office.

“Because we recognize that this matter is one of great public import and ought to be resolved finally and expeditiously by the Court of Appeals, we dispense with the need for the governor to move for leave to appeal,” the justices wrote in an opinion signed by all.



No Lieutenant

The state has lacked a lieutenant governor, who serves as Senate president empowered to break tie votes, since March 2008 when Eliot Spitzer resigned amid a prostitution scandal and Paterson, a Democrat, became governor.



Paterson appointed Ravitch, a real estate developer and former chairman of the Metropolitan Transportation Authority, in July to help break a month-long 31-31 deadlock that blocked the Senate from enacting legislation.

In the absence of a lieutenant governor, Democratic Senate President Pro Tempore Malcolm Smith of Queens is next in line to become governor. He has submitted a friend-of-the-court brief supporting Paterson’s position.

Skelos and Democratic Majority Leader Pedro Espada of the Bronx, who bolted from his party on June 8 to create the partisan stalemate, challenged the appointment. Espada, who returned to the Democrats’ caucus July 9, a day after Ravitch’s appointment, and became majority leader, removed himself from participating in the lawsuit earlier this week.

To contact the reporter on this story: Henry Goldman in New York City Hall, at hgoldman@bloomberg.net.
Last Updated: August 20, 2009 15:54 EDT

Tuesday, August 18, 2009

ARTICLE 195: Official Misconduct and Obstruction of Public Servants

If you are subjected to any actions of a State employee that are outside of their duties and responsibilities and are harmful - as in harming someone, taking money, obstructing justice, tampering with witnesses (or whistleblowers) - then read the law below.

New York State Law

ARTICLE 195
OFFICIAL MISCONDUCT AND OBSTRUCTION OF PUBLIC SERVANTS

GENERALLY Section 195.00 Official misconduct.
195.05 Obstructing governmental administration in the second degree.
195.06 Killing or injuring a police animal.
195.07 Obstructing governmental administration in the first degree.
195.08 Obstructing governmental administration by means of a
self-defense spray device.
195.10 Refusing to aid a peace or a police officer.
195.11 Harming an animal trained to aid a person with a disability
in the second degree.
195.12 Harming an animal trained to aid a person with a disability
in the first degree.
195.15 Obstructing firefighting operations.
195.16 Obstructing emergency medical services.
195.20 Defrauding the government.

S 195.00 Official misconduct.
A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
Official misconduct is a class A misdemeanor.

S 195.05 Obstructing governmental administration in the second degree.
A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor`s intent that the animal obstruct governmental administration.
Obstructing governmental administration is a class A misdemeanor.

S 195.06 Killing or injuring a police animal.
A person is guilty of killing or injuring a police animal when such person intentionally kills or injures any animal while such animal is in the performance of its duties and under the supervision of a police or peace officer.
Killing or injuring a police animal is a class A misdemeanor.

S 195.07 Obstructing governmental administration in the first degree.
A person is guilty of obstructing governmental administration in the first degree when he commits the crime of obstructing governmental administration in the second degree by means of interfering with a telecommunications system thereby causing serious physical injury to another person.
Obstructing governmental administration in the first degree is a class E felony.

S 195.08 Obstructing governmental administration by means of a
self-defense spray device
.
A person is guilty of obstructing governmental administration by means of a self-defense spray device when, with the intent to prevent a police officer or peace officer from performing a lawful duty, he causes temporary physical impairment to a police officer or peace officer by intentionally discharging a self-defense spray device, as defined in paragraph fourteen of subdivision a of section 265.20 of this chapter, thereby causing such temporary physical impairment.
Obstructing governmental administration by means of a self-defense spray device is a class D felony.

S 195.10 Refusing to aid a peace or a police officer.
A person is guilty of refusing to aid a peace or a police officer when, upon command by a peace or a police officer identifiable or identified to him as such, he unreasonably fails or refuses to aid such peace or a police officer in effecting an arrest, or in preventing the commission by another person of any offense.
Refusing to aid a peace or a police officer is a class B misdemeanor.

S 195.11 Harming an animal trained to aid a person with a disability in
the second degree
.
A person is guilty of harming an animal trained to aid a person with a disability in the second degree when such person intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal incapable of providing such aid to such person, or to another person with a disability.
For purposes of this section and section 195.12 of this article, the term "disability" means "disability" as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.
Harming an animal trained to aid a person with a disability in the second degree is a class B misdemeanor.

S 195.12 Harming an animal trained to aid a person with a disability in
the first degree
.
A person is guilty of harming an animal trained to aid a person with a disability in the first degree when such person:
1. intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal permanently incapable of providing such aid to such person, or to another person with a disability; or
2. intentionally kills such animal while it is in the performance of aiding a person with a disability.
Harming an animal trained to aid a person with a disability in the first degree is a class A misdemeanor.

S 195.15 Obstructing firefighting operations.
A person is guilty of obstructing firefighting operations when he intentionally and unreasonably obstructs the efforts of any:
1. fireman in extinguishing a fire, or prevents or dissuades another from extinguishing or helping to extinguish a fire; or
2. fireman, police officer or peace officer in performing his duties in circumstances involving an imminent danger created by an explosion, threat of explosion or the presence of toxic fumes or gases.
Obstructing firefighting operations is a class A misdemeanor.

S 195.16 Obstructing emergency medical services.
A person is guilty of obstructing emergency medical services when he or she intentionally and unreasonably obstructs the efforts of any service, technician, personnel, system or unit specified in section three thousand one of the public health law in the performance of their duties.
Obstructing emergency medical services is a class A misdemeanor.

S 195.20 Defrauding the government.
A person is guilty of defrauding the government when, being a public servant or party officer, he:
(a) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud the state or a political subdivision of the state or a governmental instrumentality within the state or to obtain property from the state or a political subdivision of the state or a governmental instrumentality within the state by false or fraudulent pretenses, representations or promises and
(b) so obtains property with a value in excess of one thousand dollars from such state, political subdivision or governmental instrumentality.
Defrauding the government is a class E felony.

Saturday, August 15, 2009

Event: Fed Up New Yorkers Meeting



Notice from FED UP NEW YORKERS:

The next Fed Up New Yorkers Meeting will be on Thursday, August 19 from 6-7:30 p.m. Please spread the word. Seating will be limited. We have a meeting room (212) at the LGBT Community Center, where we had our last meeting.

Fed Up New Yorkers Strategy Meeting
Where: LGBT Community Center
208 W. 13th St (13th St and 7th Ave)
Room 212
Date: Wednesday, August 19, 2009
Time: 6:00 p.m. to 7:30 p.m.

On the agenda: The FUNY Newspaper (Press, Funding, Content and Distribution); Future Events; things we may need to do before the primary and after the primary; Ideas for Fundraising; Community Outreach; other issues members would like to discuss.

Fed Up New Yorkers now has a Web site: www.fedupnewyorkers.org

The paper and coalition has been getting a lot of good press lately.

At this point, the site has pdf copies of the newspaper and online versions of each of the articles. There is also a calendar of events. If there are any events coalition members would like me to include (press conferences, meetings, demonstrations, etc.), please send me the information in an e-mail and I'll enter it into the calendar.

Also, I still have a few bundles of the second issue of Fed Up New Yorkers at my apartment, so if anyone can pick up a bundle, please let me know.

Thanks so much. I hope to see you next week.

Mike Dang
mike@bloombergwatch.com





Fed Up New Yorkers Hit the Streets
posted by Mary Alice Miller, Sat, 08/01/2009 - 9:24pm
LINK

Not the two-legged kind. “Fed Up New Yorkers” is a new tabloid that boldly states its mission: “Because No Third Term Means No Third Term!”

The inaugural issue of FUNY became a collectors item overnight, if only for the cover illustration: full color depiction of a smirking King Bloomberg (Mayor for Life) perched on his throne, Quinn peeking from behind him, with loyal lowly serfs - the NY Times, real estate developers, NYU president, NY civic groups, the Republican and Independent Parties - bowed at his feet, greedy hands reaching for treasure chests full of tax breaks, the Bloomberg Foundation, and campaign cash. The illustration is a classic, suitable for framing.

FUNY's articles are compelling reading. One article takes civil rights gay activists to task for supporting the “anti-gay” Mayor. Another calls Bloomberg's New York a “millionaires playground” at the expense of everyone else. Yet another takes a critical look at charter schools. Editorial cartoons graphically make their point.

Publisher Neil Fabricant said, "We decided to publish Fed Up New Yorkers because that's what we are: Fed Up New Yorkers. The mainstream media and Bloomberg's massive propaganda campaign is fostering the impression that his candidacy is a sure thing, and people should either get on board or not bother to vote. Our impression from talking with real New Yorkers is just the opposite. We had to go beyond the blogs to get the news out that the people who have voted twice against a third time aren't going to stand for it."

(The first edition of FDNY featured articles from some of the city's popular blogs.)

FUNY promises to publish regularly until November's general election.

Issue #1 disappeared into New Yorker's hands as soon as it was published last week. If you did not get your copy of the first issue of FDNY, see the attached pdf.

Or look for it on Ebay.

Queens Crap

You're A Disgrace

Friday, August 14, 2009

Public Outrage Grows Against Mayoral Control of Public Schools



In the article below, focus on the following words:

"closed-door session"; "without the proposed amendments that the New York State Senate added to that bill"; "The four amendments—which still have to be debated and voted on in the Assembly—would create a parent training center, an arts advisory committee, the expansion of superintendents’ roles and required public meetings on school safety."

If the reporters of this article are correct, Governor Paterson signed into "law" a bill that has provisions not debated on by the Assembly or the Senate, and thus not voted in by the full two houses of our State government. So, how could he sign this paper and how could it be legally valid? I'm not an attorney, so maybe an attorney would like to post a comment.

I dont know what powers, duties, or responsibilities the Mayor and the New York City Board of Education have now that Paterson has gone ahead and put his signature on a document that has not been voted in by the New York State House or Senate. It is obvious that the Bloomberg/Klein regime will continue to do whatever they want whenever they want.

Let's remember that Paterson was not voted in, but slid into his current position when former New York State Governor Eliot Spitzer was forced to resign because of his solicitation and transportation of a prostitute across state lines.

David Paterson is in political trouble right now, as in whether or not he can get elected to his current position or any position, in the future. 

Whatever the answer to that question is, the fight against the "I don't care what the public says, I'm going to do what I want" public service by public employees has to stop or be stopped. We the people need to get out from under the winds of whim, where politicians can change lives without caring about the consequences.

Put an end to Mayoral control, people!!.

Betsy Combier



'MAYOR’S WIN, CHILDREN’S LOSS’

Sen. Perkins and advocates decry mayoral control of schools
By MARYAM ABDUL-ALEEM and NAYABA ARINDE
LINK
Special to AmNews
Amsterdam News Editor
Published: Thursday, August 13, 2009 12:55 PM EDT

“The mayor’s victory is our children’s loss,” said State Sen. Bill Perkins, (pictured below) who voted against the mayoral control bill twice in the Senate.

“Mayoral control, unfortunately, was renewed when Governor Paterson signed the bill into law on Tuesday, but the so-called amendments were not included. This underscores how in this point in time the parents are still left out; the policing in our public schools will continue to the dismay of parents and educators. Art education and cultural education will continue to not be included and there will not be the type of transparency and accountability that parents demanded and demonstrated on the steps of City Hall for.”

After a stalemate in the New York State Senate over a power struggle and then a deadlock over a vote to extend the Assembly’s version of mayoral control, Mayor Michael Bloomberg has gotten what he wanted and succeeded in getting a large number of legislators to agree with his vision for 1.1 million New York City School students. Mayoral control is back until 2015.

In a closed-door session, at 10:30 on Tuesday morning, Gov. David Paterson signed the 2002 state law that the Assembly overwhelming passed in June—without the proposed amendments that the New York State Senate added to that bill. The four amendments—which still have to be debated and voted on in the Assembly—would create a parent training center, an arts advisory committee, the expansion of superintendents’ roles and required public meetings on school safety.

The bill that the governor signed is very similar to the original version of the 2002 law, except for a few changes that were added to address some concerns people expressed over the mayor’s governance power.

In a released statement, Gov. Paterson said, “It gives me great pleasure today to sign into law an agreement that will secure the future of New York City’s school governance and allow 1.1 million schoolchildren and their families to breathe a sigh of relief. The agreement continues the progress made under Mayor Bloomberg over the last several years, while adding new layers of cohesion, stability and parental involvement. This is great news for all of the students returning to school next month, as they will continue to receive the support they need both inside and outside of the classroom.”

A representative from Paterson’s office could not be reached for additional comments at press time. Out of his eight appointments to the 13-member Panel for Educational Policy, the mayor will now have to name two public school parents, as determined by the bill the governor signed. The mayor will have to hold public meetings and notify parents and the community before the closing of schools; the panel will review no-bid contracts and an independent budget office will have the authority to review data on the performance of students.

News of the governor’s act was expected by many, but disappointing to others. “I am disappointed,” said Jitu Weusi, a long-time educator and member of The Coalition for Public Education. “We hoped that the governor would at least have had a public hearing before signing the bill. It was disappointing that it was not a more democratic process.” But, Weusi said, he knew that the governor was under a lot of pressure by certain forces. “That pressure would make you do a lot of things,” he said.

“We, The Coalition for Public Education, will continue to develop and build a pressure group to end mayoral control at the earliest possible date,” he added.

Sam Anderson, also a member of The Coalition for Public Education, said, “Governor Paterson is part of the problem; it’s official now.” Paterson, Barack Obama and a host of others have fallen for mayoral control of our school system, which is mainly for predominantly Black and Latino people, said Anderson. The governor “has aligned himself up with the right wing of the Democratic party.”

Anderson continued to say that the Coalition for Public Education has now got to be a “formidable” force for more parental and student involvement to mobilize and provide the basic services needed, such as a grievance procedure that will resolve issues for parents in the schools. Anderson said they must now work “school by school, district by district ”to create mechanisms to develop and retain Black and Latino teachers, while continuing to create meaningful change.

Ironically, on Monday, there was a press conference sponsored by The Coalition for Public Education, along with other advocacy and political groups in attendance such as Black New Yorkers for Educational Excellence; Independent Coalition on Public Education; New York Coalition for Neighborhood School Control; and the December 12th Movement that gathered to show their resistance to mayoral control, which they view as an autocratic dictatorship that has no place in a democratic system.

A furious City Councilman Charles Barron fumed, “The people must hold the governor and Senate and assemblymen accountable for mis-education of our children. The mayor been a failure, and it is very disappointing that they can’t see that this mayor, who we’ve invested $130 billion in to educate our children, has failed miserably. And for them to give one person this dictatorial control is incorrigible.”

Barron continued, “We must hold them responsible for endangering our future by putting the responsibility of educating Black and Latino children in the hands of two unqualified individuals such as Bloomberg and Klein.

“Parents have no power; the people have no power. The power was instead kept in the hands of those who are unqualified and uninterested in educating Black and Latino children, in particular, and all children in general. We hope our people have long memories come the election regarding who it was who sold our children out.”

Mayor Bloomberg and Deputy Mayor Dennis Walcott were even spotted entering City Hall while the press conference was taking place. The assembly of organizers and activists booed and chanted “no mayoral control” along with “dictator” at the men as they walked by.

The same day that the press conference was taking place, Mayor Bloomberg introduced a proposal to end social promotion in public schools for grades 3–8.

Previously, the mayor instituted the policy for grades 3, 5, 7 and 8, but now has added two more grade levels, saying that the new policy to end social promotion was a step in the right direction for students.

The Panel for Educational Policy (PEP) has to approve that measure. The mayor’s policy on social promotion made headlines when he first promoted the educational reform.

Bloomberg fired members on the panel who had disagreed with him on the issue. This issue of mayoral control and term limits even received the attention of the federal government when Secretary of Education Arne Duncan, who is an open advocate for mayoral control and charter schools, sent a letter to an influential educational advocacy group to influence the group to stop fighting for term limits for members of PEP. Even President Obama has made known his admiration for “innovative” practices regarding public education, which includes “schools of choice” that are run independently but receive public money.

Many have expressed their concern for some of the educational initiatives that are being proposed in this season of educational reform, such as paying or firing teachers based on performance and student achievement, and closing down schools that do not make the grade.

All this comes at time when more states with heavy urban populations are transitioning to a mayor-controlled public education system.

Mayoral control is predicated on the premise that the public educational system has failed far too many students, mainly students of color, who are disproportionately affected by high dropout rates and low testing scores and who, many proponents of these educational reforms say, are being left behind in the competitive work force, especially against other students in different countries, along with their European counterparts.

But many opposition groups to mayoral control have asked what will happen when another mayor comes along who is not as vested in public education as their predecessor? Others assert that mayoral control is not about the students, but about politics.

While the Bloomberg administration has said that the achievement gap is closing, graduation rates are climbing and test scores are up since 2002,studies are continuously being revealed that show the measurements the administration are using may not be fully accurate. And others have said that public education is now too focused on showing these “measurable” stats of improvement over the quality of the education that students are exposed to, in addition to making the test easy to pass in the process. They charge that schools have become “testing mills.”

At the press conference on Monday against mayoral control, Weusi read from a paper in front of the podium that stated, “Under dictatorial powers of the mayor—police rule in the schools; criminalization of children; continuation of the classroom to prison pipeline; excessive high stakes testing; crowded classrooms; harassment of veteran teachers; the notorious ‘rubber room’; reckless and excessive spending of public money; using charter schools as a means to privatize public schools creating a three-tier public school system; no discussion, no debate, no democratic tradition; no libraries with books; no science and computer labs in all schools; charters in minority neighborhoods with all-white staffs; no independent parent organization of training establishment of an independent commission to evaluate education; no educational leader of NYC public schools—for all these reasons and more, we say NO to mayoral control.”

Perkins concluded, “We want the people to understand this loss is not the end of the movement to empower our parents and bring transparency and accountability to our schools, bring back art and culture to the curriculum and curb the excessive policing in our schools. The organizing will continue because they are angrier than ever.

“Until our children get the type of education they are entitled to without the fudging of the numbers and the procurement practices and the Bloomberg buddy system are brought to light, the organizing will continue,” said Perkins. “Obviously, the answer is a new mayor who will listen to and bring about the changes that the parents have continued to demand. For parents, this is the most important issue in this upcoming election.”

Sunday, August 9, 2009

The Campaign to Dump Christine Quinn Gathers Momentum



From Betsy Combier: The following is presented by me from the "Dump NY City Council member Christine Quinn" crowd as a public service.

Oh - by the way, the debate was only for a select few:
Media and Public Shut out of Election Debate at NYU -- Outrageous !!

QUINN DEBATE HOSTED BY DOWNTOWN NEWSPAPERS

Dear Neighbors, Activists and Voters:

On August 13, the three Democratic candidates running for the City Council seat in District 3 are debating the issues at NYU that is sponsored by several downtown newspapers. The candidates are Yetta Kurland, Maria Derr and Christine Quinn.

A loose coalition of people committed to the defeat of Christine Quinn (including myself, Donny Moss, John Phillips, supporters of Hudson Rise, the League of Humane Voters and others) are holding a demo against Christine Quinn outside of the building before the debate starts.

One of the many reasons to hold a demo is to trigger the press to report on both the movement to unseat Christine Quinn and the reasons why New Yorkers want to see her go.

Debate Details:
CD 3 candidates will debate: Yetta Kurland, Maria Passanante-Derr and the incumbent, Christine Quinn.

New York University
19 West 4th St (between Mercer and Greene Streets) Room 101
7:00 - 8:30

Arrive by 5pm to get in line for a seat.
Bring a photo idea.

The Democratic primary is only five weeks away, and we must be in the streets now educating voters about why not to vote for Christine Quinn.

PLEASE FORWARD THIS EMAIL TO OTHERS WHO YOU BELIEVE MAY WANT TO JOIN THIS ACTION.

Thank you!

Rosemary Kuropat
rkuropat@me.com
917.767.1595

www.dumpchristinequinn.blogspot.com

THIS ACTION IS NOT CONNECTED TO OR SUPPORTED BY ANY CANDIDATE OR CAMPAIGN. WE ARE A LOOSE COALITION OF LIKE-MINDED NEW YORKERS COMMITTED TO THE DEFEAT OF CHRISTINE QUINN. WE PAY ALL OUR OWN EXPENSES PERSONALLY.

Comments

To those who received the Quinn demo announcement,

This "action" is being planned by two individuals, not the group of
activists that came together a few months back to fight Quinn's
re-election. Some of their planned activities (disruptions that are
not mentioned in the email) could easily help Quinn and hurt the
challengers (of the two challengers, Yetta Kurland appears to have a
real chance to defeat Quinn).

In twenty years of involvement in political campaigns I have seen a
number of instances where rogue operators, who cross the line,
actually hurt the candidate they are purporting to help.

We remain committed -- as much as ever -- to defeat Quinn. But we do
not condone this action and we are not part of it. It was planned
without our knowledge. None on the groups of which I am affiliated
with are supporting this action.

John Fisher
TenantNet

07 August 2009
QUINN DELIVERS TRASH TO COUNCIL DISTRICT 3
SHE DELIVERS FOR YOU, MR MAYOR!

Here's an example of our esteemed City Councilmember -- and Speaker, don't forget! -- at work:

There are 59 Sanitation Districts in New York City (12 in Manhattan, referred to as MN1 to MN12), and there are 51 City Council Districts. That means that "Fair Share" should be 1 (or maybe 2, for a particularly large district). But anything more than that does not rise to the definition of "fair share."

Have a look at the maps to the left: The smaller map represents Quinn's district: mostly, the West Side, from Canal Street to 54th Street. Within her district are part or all of 3 sanitation districts: about half of MN2, MN4 & MN5.

Get this! There are facilities that serve 6 -- yes, that's right, SIX -- garbage facilities in Quinn's council district. Now how's that for bringing home the bacon?! The only problem is, of course, that the bacon she's bringing home to her district is left-over from this morning's breakfast.

Then there's an even more scorching fact: most of them are in Hudson Square and Chelsea, the latter supposedly being her home base, her source of power, the power in her pumps. What's even more despicable is the way that Quinn works so hard to keep Community Board 2 (Hudson Square) and CB 4 (Chelsea) at each other's throats: by suggesting that one of us simply wants to dump on the other.

Remember Robert Trentlyon? During the City Council hearings on the 3-district Sanitation facility that Deputy Mayor Ed Skyler, Dan Klein from the Department of Sanitation and -- yes, you guessed the Third Mouseketeer! -- Christine Quinn wants to ram down the neighborhood's collective throats, old (really old) Bob just couldn't say enough bad things about CB 2 -- he even had the audacity to say that we didn't really need any more park space (mind you, CB 2 has the second lowest green space to resident ratio in the City)! At the time, this really angered me.

But now that I've been around the divisive politics of Christine Quinn, I understand that he's a puppet! Reports are that Dan Klein from DSNY, with Quinn's "blessing" (a thought that runs chills up my spine, mind you), has met with CB 4 members to tell them that "the community" (meaning, the people opposing this obscenely expensive facility) is trying to foist the third district (that would be MN5) onto them! Of course, the truth is that we have presented dozens of options that are in or very near to MN5. Dan Klein, however, has nixed them all! The only option that remains viable is on 51st Street, in a lot that the owner would like to sell.

Yes, 51st Street is in MN4 - by three blocks. But moving the MN5 facility there would save 4,200 truck miles per year!

Don't think that matters? INFORM, the national environmental research organization, states that diesel garbage trucks get the lowest fuel efficiency of any vehicle on the road: 2.8 miles per gallon.

Diesel garbage trucks are a major source of air pollution, including smog-forming compounds, particulate matter, and toxic chemical constituents. Heavy-duty diesel-powered vehicles, including garbage trucks, make up only 7 percent of vehicles on the road, but they contribute 69 percent of on-road fine particulate pollution and 40 percent of nitrogen oxide emissions.

And diesel garbage trucks are notoriously loud, generating noise levels of up to 100 decibels, which can cause serious hearing damage.

So, by not driving those 4,200 miles each year, the City will save $11,000 anually in fuel costs (at current diesel prices) and more important, will improve the quality of the air breathed by the people who live in MN 2, where the trucks would have been based, in MN4, because the trucks will drive through that neighborhood to get to MN5, and yes, in MN5, whose garbage is being hauled.

The real injustice is that MN5 doesn't have to host its own facility (not to mention MN1, our friends below Canal Street)...and that's what CB2 and CB4 should join together to protest. But instead, we are being divided by people like Quinn and Klein and Skyler, who are more interested in the politics and in keeping their own jobs.

Slush funds and secret kitties: The Quinnberg Saga

With the recent revelation that the Mayor's Office has its own secret kitty for "discretionary disbursements" (not legal ones, mind you), we know that Quinn's Slush Funds were just part of a pattern of secret kitties in City Hall on both sides, and that better explains why we haven't seen any reports from either the federal or the City "investigation" into Speaker Quinn's misdeeds. Mike has to do something to keep the Quinnster quiet while he piles yesterday's trash all over her district.

Man, this whole thing stinks...and that's why the Quinnster Must Go.
Posted by Chronicler at 1:56 PM