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Saturday, April 9, 2022

Attorney General Letitia James, Please Suspend Mayor Eric Adams Without Pay Until He Puts an End To The Covid Vaccine Mandate

On April 8, 2022, The CITY published an article that described how Mayor Eric Adams and NYC Comptroller Brad Lander would block Wells Fargo Bank from any new contracts for banking services after the Public Bank of NYC complained that Wells Fargo disproportionately denied Black homeowners' mortgage refinancing applications. (see below)

Ok, so we ask Attorney General Letitia James to prosecute Mayor Eric Adams and suspend him without pay until he ends the Covid Vaccine Mandate and stops discriminating against municipal workers who cannot get vaccinated because of medical or religious contraindications and were denied exemption. We argue that it is discriminatory and unfair that he allows performers and athletes to do what they do without getting vaccinated yet terminates policemen/women, firemen/women, and good, hard-working employees of the NYC Department of Education who cannot get the vaccine.

Mayor Adams' actions show disparate treatment and are unconstitutional. Give everyone requesting an exemption a full hearing in front of an impartial arbitrator chosen by the employee and Department, not appointed by the City, and give them telework or administrative positions until the  COVID panic is over and/or routine testing is done on a weekly basis at all schools, to assure parents and students that they are all safe.

We support NYC Council Minority Leader Joseph Borelli in his demand that Adams rehire the 1,430 municipal workers who were fired after refusing to get the COVID vaccine before the February deadline. See the Staten Island Advance post below.

The Staten Island Advance also published an article on September 27, 2021, saying that more than 500 religious and medical exemptions to the covid vaccine mandate were granted in NYC public school staff. Who were these people? Why them and not others? What criteria is the City using to grant or deny sincere religious beliefs or medical exemptions? Who are the people on the Citywide Panel, and why are they allowed to determine Constitutional issues behind impenetrable curtains?

City Council Minority Leader Joe Borelli. (Staten Island Advance/Joseph Ostapiuk)

Published: Apr. 09, 2022, 5:45 p.m.

STATEN ISLAND, N.Y. --- NYC Council Minority Leader Joseph Borelli (R-South Shore) will be introducing a resolution calling on Mayor Eric Adams to rehire city employees who were fired because they did not get the mandated coronavirus (COVID-19) vaccine by the February deadline.

Borelli plans to introduce the measure, which has bipartisan backing from at least seven other councilmembers including Democrats Councilmember Farah Louis (Brooklyn) and Councilmember Kalman Yeger (D-Brooklyn), on Thursday.

“I think we will have more people signing on, there’s broader support in the council than people think,” Borelli told the Advance/SILive.com.

About 1,430 city employees were fired as a result of the mandate, however, that number could rise as thousands of city workers who applied for a medical or religious exemptions are waiting to find out if their waivers have been accepted or denied.

The overall message, Borelli said, is they believe it’s unfair that thousands of city workers remain unemployed while professional athletes and other performers are able to work because Adams made them exempt them from the mandate.

City employees who did not receive at least one dose of a COVID-19 by Feb. 11 were terminated.

The Feb. 11 deadline also applies to new hires – employees who were hired after Aug. 2 and agreed to vaccination as a condition of their employment – and unvaccinated employees who have been on unpaid leave who did not request a continuation of healthcare benefits.

“There must be rules and we must follow them. The rule is to get vaccinated if you are a city employee. You have to follow that. And if you have a reason you can’t, there’s an avenue,” Adams said at the time. “But if you didn’t do that and didn’t follow the rules, we sent a letter out to you,” he continued.

When asked during a media briefing in Queens last month if he had considered rehiring the estimated 1,400 municipal workers who lost their livelihoods over the city’s vaccine mandates, Adams said “not at this time.”

“I want to take my hat off to those countless number of New Yorkers, municipal employees that understood what we were going through as a city, and they stood up and they did the right thing,” the mayor said. “At this time we’re not entertaining it [rehiring unvaccinated workers].”

The group of councilmembers are also calling on private businesses to rehire employees who were fired for failing to get vaccinated.

“We want our people to get back to the workplace, whether that be in the private sector or public,” Borelli said.

Employees in state government or New York State employees in agencies controlled by the governor were not mandated to get vaccinated-- they have a weekly testing option if they’ve chosen to not get vaccinated.

POLICE BENEVOLENT ASSOCIATION SAYS POLICE ARE TREATED AS SECOND-CLASS

Police Benevolent Association President Pat Lynch issued a statement saying that cops who were on the frontlines during the early days of the pandemic don’t deserve to be treated as second-class citizens.

“We have been suing the city for months over its arbitrary and capricious vaccine mandate — this is exactly what we are talking about. If the mandate isn’t necessary for famous people, then it’s not necessary for the cops who are protecting our city in the middle of a crime crisis,” Lynch, who heads the city’s largest cop union, said.

"While celebrities were in lockdown, New York City police officers were on the street throughout the pandemic, working without adequate PPE and in many cases contracting and recovering from COVID themselves.”

Harry Nespoli — the president of Local 851, the Uniformed Sanitationmen’s Association and chair of the Municipal Labor Committee — also expressed disapproval of Adams’ decision, and said he hoped for a re-entry program so workers can get their jobs back.

“When New York City shut down, many workers were mandated to come in every day without vaccines to keep the city running. These workers often got sick, and when they got better, came right back to work,” he said.

“There can’t be one system for the elite and another for the essential workers of our city. We stand ready to work out the details with the mayor, as we have been throughout this process.”
NYC Cuts Off Wells Fargo From New Bank Contracts Following Discrimination Claims
BY GEORGE JOSEPH, the CITY, APR 8, 2022

Mayor Eric Adams and Comptroller Brad Lander join forces to say they will not put city deposits into accounts with the financial giant, after advocates point to disproportionate denials of mortgages to Black applicants.

Mayor Eric Adams and Comptroller Brad Lander have publicly promised that New York City will block Wells Fargo from any new contracts for banking services, following claims the financial giant racially discriminates against Black homeowners.

The pledge comes on the heels of a letter Adams and Lander received on Monday from Public Bank NYC, an advocacy coalition campaigning for a government-run municipal bank, which slammed Wells Fargo for disproportionately denying Black homeowners’ mortgage refinancing applications last year.

Wells Fargo is one of 30 financial institutions approved to compete for contracts to host municipal bank accounts, which city agencies use to hold payroll, fees, and other pots of money.

Adams and Lander are not officially revoking that designation, as advocates originally demanded, but the duo’s promise will have a similar effect: preempting the bank from winning any contracts to hold city deposits.

In a letter sent to the bank’s CEO on Tuesday and made public Friday, Adams and Lander justified the move by pointing to the bank’s refinancing disparities as well as older allegations of discrimination.

“These disparate mortgage practices, layered upon a checkered history of steering homeowners of color into subprime mortgages, rejecting mortgages in redlined neighborhoods, and numerous outstanding consent decrees pertaining to mortgage practices, require a swift response by both your bank and stakeholders,” the two officials said. “In light of this persisting track record of discrimination, New York City will not be opening any new depository accounts with Wells Fargo Bank, N.A. as we continue to investigate these troubling findings.”

Betsy Combier
betsy.combier@gmail.com
betsy@advocatz.com

Editor, ADVOCATZ.com
Editor, ADVOCATZ Blog


Tuesday, April 5, 2022

Monitors and Special Masters Have Been Paid $111 Million In Public Funds To Fix NYC Failing Agencies

 

Eric and Bernard Adams

We read every day in NYC how our new Mayor hires his friends and family to work with himAfter the appointment of Bernard Adams as deputy police commissioner hit the news, Adams "demoted" his brother to head of security. As if this makes a difference. You decide how a change in title changes the implementation of the rules and law. (VERY little).

Adams did not check with the Conflicts of Interest Board (COIB). The public outcry was immediate.

Then he appointed David C. Banks as Chancellor of the New York City Department of Education.  Banks' brother Philip Banks III resigned from the NYPD in 2014. 

David C. Banks, now Chancellor of the New York City Department of Education, has been, according to sources, very close to Adams for many years while he was President/CEO of the Eagle Academy Foundation and founding Principal of the Eagle Academy for Young Men, an all-boys public school. As  David C Banks is now Chancellor of the head of the NYC Department of Education which is under Mayoral control, we could say that whatever Adams wants, Banks will do. Add to this mix that parent voices have been silenced since Mayor Bloomberg took the elected school board out and replaced it with the Panel For Educational Policy where members are appointed by politicians. The PEP members vote on allocations of public money according to what the politician who appointed them want, not what parents and stakeholders want.

Since day one, we have opposed this move - has anyone ever heard of the slogan "No taxation without representation"? 

The problem that we see here is that public funds, raised by taxpayers, are spent in a random manner by politicians who see the public money pot as theirs to spend...not ours to tell them how to spend it. Our voices - that of private citizens - are ignored unless you "know" someone or have contributed time/money to their campaigns or office.

Yet speak out we must, despite all challenges.

Betsy Combier


Monitors, special masters overseeing failing NYC agencies racked up $111 million tab

The city has shelled out at least $111 million on monitors and special masters overseeing agencies ordered to fix high-stakes failures — from horrific living conditions in public housing and jails to alleged racist practices at the NYPD, FDNY and Department of Education.

The Post examined 11 ongoing cases in which most of the pricey outside overseers have amassed fortunes after being appointed by judges and government entities to ensure city agencies correct years — and sometimes decades — of malfeasance.

They include: $36.9 million that lawyer Mark S. Cohen collected to prod the FDNY’s costly efforts to hire more black and Hispanic firefighters; $12.8 million to monitors steering the NYPD to revamp its controversial stop-and-frisk tactics; and $8 million for a special master doling out up to $1.3 billion — the biggest payout in city history — to teachers who failed a state-required certification exam deemed biased.

Despite the massive spending, city agencies under federal and state oversight have failed to resolve the slew of problems that landed them under scrutiny.

Monitors and special masters can be a single person or a business or entity with multiple staffers and outside consultants. They typically comb through records, conduct interviews and issue periodic reports to outline progress and make recommendations.

Redmond Haskins, a Legal Aid Society spokesman, blamed the city’s “persistent failure” to fix systemic problems for the rising cost of outside oversight.

“The quickest way to end a monitorship is to stop violating the law,” said Haskins.

But Nicholas Paolucci, a Law Department spokesman, said monitors and special masters “should be working towards making themselves obsolete.”

“Unfortunately, there is a tension between accomplishing their mission and their own financial interest in continuing the monitorship,” he added.

Here’s a rundown of city agencies with active monitors and special masters:

FDNY (USA and the Vulcan Society v. City of New York)

The city has paid FDNY “diversity monitor” Mark S. Cohen $37 million in fees and expenses over the past 10 years — more than any other city agency monitor.

The lawyer racked up his highest yearly tab in 2021 — $4.8 million.

Cohen, who charges $650 an hour, oversees the Fire Department’s recruitment and hiring of minorities.

Brooklyn federal Judge Nicholas Garaufis appointed Cohen in 2011 after the city settled a discrimination lawsuit, divvying up $98 million to black and Hispanic applicants the department had passed over.

The FDNY has made strides.

A decade ago, 91 percent of the department’s firefighters and officers were white. Today, 8 percent are black, 14 percent Hispanic, 2 percent Asian and 74 percent white, officials said.

“The department has complied with every directive and order from the court-appointed monitor,” FDNY spokesman Jim Long said

City lawyers said they will seek to end the arrangement this year.

New York City Housing Authority (US v. NYCHA)

In a landmark 2018 settlement, the NYCHA admitted it failed to remove lead paint and mold, provide enough heat, fix broken elevators and rid apartments of roaches, rats and other vermin.

The city agreed to spend $2.2 billion on repairs and capital improvements over five years, and $200 million a year after that.

Bart Schwartz, a former Manhattan prosecutor, was appointed monitor in early 2019.

The city has since paid Guidepost Solutions, a company Schwartz chairs, $28.5 million in fees.

About half went to experts the monitor hired to inspect NYCHA’s decrepit buildings, the rest to Schwartz and his staff, said spokesman Montieth Illingworth. Schwartz bills $595-an-hour for his own work, but his yearly fee is capped at $350,000.

Schwartz challenged NYCHA’s initial claim that 3,000 children lived in apartments with peeling lead paint. An investigation by the monitor found 6,000 kids at risk.

NYCHA’s ineptitude erupted again a few weeks ago when Carleton Manor tenants in Far Rockaway complained they lacked hot water for four months.

Guidepost wasn’t aware of the problem but sent a team of experts to Carleton Manor, where it pinpointed leaks in rooftop tanks and vents as the cause, Illingworth said.

NYPD (Floyd v. City of New York)

In 2013, Manhattan federal Judge Shira Scheindlin ruled NYPD’s controversial stop-and-frisk practices unconstitutional, saying the cop searches targeted people of color.

The landmark decision in the 2008 class-action lawsuit — a huge blow to ex-Mayor Michael Bloomberg’s crime-fighting legacy — included hiring Peter Zimroth, a private lawyer and former Manhattan prosecutor, as monitor.

Zimroth died last November. Lawyer Mylan Denerstein replaced him.

The monitors have collected more than $12.8 million in fees.

In September, Zimroth issued a report saying NYPD stop and frisks plummeted by 93 percent from 2013 to 2019. He attributed the drop in part to reforms, but also noted “substantial evidence” that NYPD officers underreported the number of times they used the tactic from 2016 to 2019.

The NYPD has claimed underreporting occurred because of human error and would be addressed by audits.

Department of Correction

Nunez v. DOC

In Oct. 2015, Manhattan federal Judge Laura Taylor Swain approved a landmark settlement in which the city committed to far-reaching reforms at Rikers Island, the nation’s second largest jail complex, to resolve claims of correction officers using excessive force against inmates.

The settlement included appointing a federal monitor, making correction officers wear body cameras, installing at least 7,800 surveillance cameras, and stricter new rules prohibiting guards from hitting inmates in the head.

Steve J. Martin, a former top lawyer for the Texas prison system, and his associates have reaped more than $10 million overseeing DOC as monitor.

In December, he filed a report saying the city’s prison system remains “rife with violence and disorder” — and that 2021 was the “most dangerous year” at Rikers since his appointment.

DOC declined to comment.

Benjamin et. al. v. Horn

In the 1970s, a group of pre-trial detainees sued the city alleging brutal prison conditions, including excessive heat and bad lighting, were unhealthy and unconstitutional.

A 1982 settlement created an independent monitoring agency with its own staff, Office of Compliance Consultants, which still exists four decades later.

DOC refused to provide OCC’s complete payment history, saying only it received nearly $1.5 million from 2018 through 2021.

The monitor’s latest reports highlight persistently poor living conditions. An October filing said the problems, especially an increase in vermin, are getting worse.

Correctional Health Services (Brad H et al v. City of New York)

In 1999, the city was sued in state court by inmates over its prison discharge system for people with mental illness. Back then, mentally ill inmates were dumped in the middle of the night at a Queens subway station with only two tokens and $1.50 — and without psychiatric medication or referrals for medical care.

In 2003, a settlement was reached that included the city providing the mentally ill with health care upon release and helping them secure housing and other services.

Two monitors, lawyer Henry Dlugacz and Dr. Erik Roskes, have been paid more than $3.6 million to date.

Correctional Health Services, a division of the city’s hospital system, has made repeated efforts to end the settlement agreement — each time soundly rejected despite court records stating they’ve made significant progress meeting monitors’ goals in recent years.

Department of Transportation

Eastern Paralyzed Veterans Association v. City of New York

In 2019, Manhattan federal Judge George Daniels approved a settlement requiring DOT to vastly improve sidewalk accessibility for wheelchair users, including installing pedestrian ramps at 162,000 street corners throughout the Big Apple.

The ruling traces back to a 1994 lawsuit that Eastern Paralyzed Veterans Association, now known as United Spinal Association, slapped against DOT for its failure to install curb ramps.

On Feb. 3, Daniels appointed civil engineer Harold Fink as a monitor. Last week, he received his first payment of $7,000, according to the DOT.

Fink is eligible to earn $150 an hour over a maximum of 600 hours a year — or $90,000 annually.

American Council of the Blind v. the City of New York

In December, Manhattan federal Judge Paul Engelmayer ruled the city must make all its crossing signals accessible to the blind and visually impaired by 2036.

Engelmayer said a court-appointed monitor must be hired at the city’s expense to help ensure the American with Disabilities Act is followed. A monitor has yet to be named.

Only roughly 950 of the city’s 13,430 signalized intersections are equipped with Accessible Pedestrian Signals, which communicate crossing signals via voice commands or audible tones, according to the judge’s order.

The city contended it needs 30 years to comply with the ADA, but the judge called his timeline “attainable,” and “respectful” of the city’s resources and budget.

Administration for Children’s Services

In December 2016, the state Office of Children and Family Services issued a scathing report condemning ACS for a shocking string of deaths of children who were earlier subjects of agency abuse reports. They included the beating death of 6-year-old Zymere Perkins of Harlem, which ultimately became the catalyst for a much-needed overhaul of ACS.

OCFS detailed how poor training and other systemic failures plagued ACS under then-Commissioner Gladys Carrion, and it ordered ACS to hire an independent monitor to review agency operations and make recommendations for improvements.

Kroll Associates, headed by former state Inspector General Joe Spinelli, was tapped. Since 2017, the Manhattan-based company has pocketed $1.4 million in city funds.

Under Carrion’s successor David Hansell, ACS has increased staffing levels and worker training among other steps credited with improving performance.

OCFS said it will decide how long a monitor is needed at a later date.

Department of Education

Gulino v. Board of Education

It’s the largest payout in city history — projected to cost taxpayers at least $1.3 billion.

A court-appointed special master has so far awarded $600 million in back pay, plus pension credits and $43 million in lawyers’ fees to 2,244 plaintiffs who were demoted, fired or never hired as city teachers.

They all failed a state teacher certification exam found biased because far more white candidates passed it than black and Hispanics.

Manhattan federal Judge Kimba Wood ruled in 2012 that requiring teachers to pass the Liberal Arts and Sciences Test, or LAST, violated the Civil Rights Act of 1964.

The city fought for years, arguing that it shouldn’t be held liable for a state exam it was mandated to use. It lost, and the costs mount.

Over 100 claimants have now collected more than $1 million apiece, and others will get nearly $2 million,

Some received two decades of backpay, although 50 percent of city teachers quit within 10 years. City lawyers called the payments “a large and unjustified windfall.”

The city has paid the special master, law firm Lankler, Siffert & Wohl, more than $8 million in fees so far. The firm still has to make awards to another 2,456 claimants.

L.V. et. al v. DOE

Mayor Eric Adams calls the city’s special-education system “fundamentally broken.”

That’s evident in a case that has dragged on for nearly 20 years, showing the DOE has persistently delayed services to children with disabilities whose parents won orders in administrative hearings to provide them.

NYCHA federal monitor Bart Schwartz during the NYCHA Community Advisory Committee Meeting at Jackson Community Center.
The city has paid Guidepost Solutions, a company Bart Schwartz chairs, $28.5 million in fees.
New York Post

In 2007, the DOE settled a class-action suit, agreeing to comply with special-ed orders within the required 35 days.

But it has consistently violated that pact — stiffing many kids, according to reports by court-appointed auditors costing the city close to $8 million over several years, records show.

The DOE’s stonewalling is “especially harmful” to kids with special needs, Brooklyn federal judge Loretta Preska found.

Last year, she appointed special master David Irwin, who has collected $179,000 but yet to file his first report.

“It’s an absurd use of public funds,” said Betsy Combier, a paralegal who helps families obtain special-ed services. “The money is going for somebody to check on why the DOE is not doing the right thing.”

Monday, April 4, 2022

NY POST's Karol Markowicz: End The Toddler Mandate

 

School staff and parents have spoken out against the mask mandates for the city’s youngest students.
(Kevin C. Downs for The New York Post)

Advocatz applauds the NY POST for supporting parents on the issue of masking 2-4 year olds. The policy is absurd, considering that all the Mayor is doing is showing his ego. Mayor Eric Adams was just elected a few months ago but wants everyone to see how everyone must do as he says because he's the BOSS. 

This makes no sense in a democratic society and even in a city where parents have no voice at all (we are under Mayoral control). I have heard from my sources in the pre-k classrooms that toddlers are not being forced to comply. Well, what do you say to that, Mayor Adams? Are you going to tell your friend Chancellor Banks to implement suspensions for these 2-4 year olds? 

Of course not. Are you going to send each teacher of a toddler who takes off his/her mask to a rubber room and then charge them with insubordination at a 3020-a? Possibly, in today's random disciplinary procedure mess.

See my previous post:

The "Who Are You Kidding Award" Goes To Mayor Eric Adams



Enough: New Yorkers must demand an end to Adams’ toddler mask mandate

New York has done it again. The city has managed to find the most useless, but harmful, policy possible to impose on the safest segment of the population.

On Friday, Mayor Eric Adams and his health commissioner, Ashwin Vasan, announced that children aged 2 to 4 will have to remain masked in day-care and pre-school settings. No other age group is forced to mask similarly.



On Nov. 7, 2021, I tweeted, “It would be something if the last people masked were toddlers. It would be the icing on the whole mismanaged pandemic cake.”

People pass it around as if I were prescient. But the reality is that I had seen bad health-care policy up close in New York, where the thing that made the least amount of sense in fighting COVID was what we did.

Masks for the 3-foot walk from the maître d’ stand to the table? That’s us!

Closing (only public) schools on the teachers’ union say-so when the city hit a ridiculous 3% of positive tests, which meant that 97 healthy people tested negative for every 100 instead of the 98 of the previous day? Us again.

A vaccine mandate for a virus that spreads despite vaccination, with a special carve-out for visiting athletes and performers but not those who live here? Building indoor shacks on the sidewalk so restaurants can call it “outdoor dining”? Canceling outdoor events like New Year’s Eve in Times Square? Masking kids at public schools outdoors into winter 2022? That’s so New York.

Announcing the continuation of masking toddlers, something no other Western country did at any point in the pandemic, Vasan said, “We want to keep an eye on this latest uptick to ensure that our youngest New Yorkers remain safe, as we see an increase in cases due to the more infectious BA.2 subvariant. As we know in the past, cases and hospitalizations have risen in this vulnerable age group, in line with wider community spread, usually lagging by a couple of weeks.”

This is, simply, a lie. New York City’s “alert level” is green, “low.” COVID hospitalizations for kids under 18 are 0.5 per 100,000 and have been for months.

Meanwhile, the over-70 set is at 4.7 per 100,000, and they can traipse around the city maskless licking lampposts and snogging strangers. If it sounds like it doesn’t make sense, that’s because it doesn’t and never has. 

The commissioner absolutely knows it’s a lie. Two days earlier, he tweeted a chart showing kids under 5 with the city’s lowest case rates.

The worst part is that city attorneys responded to a lawsuit challenging the toddler mask mandate by arguing that as of April 4, “the petitioners’ children will no longer be required to wear masks in child-care settings,” so there was no danger of “immediate and irreparable injury, loss or damages.” Liars.

The judge struck down the mandate Friday — and Adams immediately said he planned to appeal.

Michael Chessa, the parents’ attorney, told me, “These mandates are anti-science, anti-child, anti-parent and, according to last week’s court decision, against the law. Each day that goes by where Mayor Adams keeps these mandates in place is a stain on his legacy.” (Ed.:In a tweet, Chessa wrote:

"Not only did he [Adams] go back on his word, he had lawyers argue "irreparable harm" to NYC if the mandate wasn't in place.")

In life, there are trade-offs. If the argument went, “Kids will mask, and we will risk them having speech and cognitive delays, because they are uniquely at risk from COVID and this is how we protect them,” that might be understandable.

Instead, toddlers will mask, they will risk speech and cognitive delays, and it will offer absolutely no protection from COVID.

Even if masks worked for the older set, which has never been proven by a study with a control group, the under-5s could never wear them correctly. This demographic is also not prioritized for vaccination because they simply don’t need it.

COVID has largely spared children. Vasan’s own data show this. We’ve known this since the early days, and yet kids continue to be targeted with imbecilic policies that have harmed them a lot and protected them not at all.

Dr. Ashwin Vasan said the city has seen “an increase in cases due to the more infectious BA.2 subvariant.”
Gabriella Bass

Vasan added, “This afternoon, we’re asking for a bit more patience and a bit of grace.”

New Yorkers should simply say no. No more patience and certainly no more grace. The commissioner doesn’t deserve it. His policies make no scientific sense, and in a saner time New Yorkers would call for his firing.

Instead of listening to bad advice and masking only the segment of the population that has never needed it, the mayor must man up and take control of his city. He’s only been in office for a few months, but this idiotic policy suggests he’s adrift.

Right the course, Mayor Adams, or we will remember you alongside Mayor William O’Dwyer. Who is that? Exactly.

Twitter: @Karol