News from STATE SENATOR

Liz Krueger

New York State Senate, 26th District

 

COMMUNITY BULLETIN – October 2004

 

Message from Liz . . .

In October 2002, I first issued my report “Waking Up The State Senate: 34 Proposals for Reinvigorating Democracy through Rules Reform.”   Now, two years later, thanks to a great deal of interest in the press and among good government and policy research organizations like the Brennan Center at NYU, the bandwagon for reform is finally starting to pick up new passengers.  The list of those who have joined the cause is quite impressive – a number of majority members of the Assembly have issued a reform package, and even Joe Bruno is calling for a Task Force on rules reform.  While I am a bit cynical about all this, and am sure that at least some of my new “allies” will quickly reverse course after the November election, I actually do think that the momentum has reached a point where both houses are likely to take at least some positive action on rules at the beginning of the next session in January.

 

Why are we seeing this sudden change of heart by so many members of the legislature?  Clearly it is because they now believe voters actually care about reforming Albany.  Reform is a notoriously difficult issue to build political pressure around, because it isn’t seen as a “bread and butter” issue, like jobs, housing, taxes, healthcare, or education.  But this time around people do seem to care about reform, and I think that is because the press and advocacy groups have been successful in linking the broken process in Albany with the inability of our government to make sound policy on those “bread and butter” issues.  Elected officials are responding to what they hear from their constituents, and more and more they are hearing that voters care about how we do business in Albany, because voters recognize that the rules do impact their lives, by undermining the effectiveness of the legislature in addressing the needs of New Yorkers.

 

Legislators are a notoriously risk-averse group, and if they see an issue rising that could cost them their job, they will do all they can to convince the voters thay are on the right side.  In fact, the evidence that voters are punishing incumbents is still pretty scarce – a whopping three incumbent legislators (out of 211) lost primaries in September, and only one of those was clearly linked to pro-reform sentiment.  But as I said, legislators are notoriously risk averse, and for a legislature used to a 98% reelection rate, three primary losses suggests to many that they are at risk in the general election if they don’t get on the bandwagon.  Perhaps that explains how Nick Spano, a loyal supporter of Joe Bruno for over a decade, and the number three man in the Senate is now issuing his own 21 point reform package – if it comes down to changing the rules or losing his job, he’s going to support changing the rules.

 

What happens in November will probably go a long way toward determining whether the bandwagon continues to gain momentum.  If more incumbents fall, that will increase pressurefor real change.  But if vulnerable incumbents end up surviving, then the reform issue is likely to be task-forced to death.  If some incumbents lose, then individual legislators will be more likely to resist leadership pressure to kill the reform issue.  Even then, there is a good chance any rules changes will be more cosmetic than fundamental, but some important “traditions” such as allowing empty seat voting could well end up being eliminated.  What is clear looking back over the last two years is that there has never been more momentum for changing Albany than at the present moment, and I will continue to work to build on that momentum so that we move closer to providing New Yorkers with the democratic and deliberative legislature they deserve.

 

 

 

 

Volunteer Fair:

Civic Engagement, Community Service  & Advocacy

Opportunity Fair for Adults and Retired Persons

 

Meet representatives from local institutions seeking volunteers

Bring friends and neighbors, along with a resume if you have one

 

Date:  Friday, October 22nd

Time: 2pm –4pm                

Place: Lenox Hill Neighborhood Senior Center

          343 East 70th Street at First Avenue

 

 Call (212) 490-9535 for further information

 

 

Community Spotlight

 

Senior Health Information Events:

Empire Medicare Services and the Centers for Medicare and Medicaid Services are sponsoring a Medicare Health Fair on Thursday, October 14, from 10:00AM to 2:00PM, at the VA Medical Center, 423 East 23rd Street near First Avenue.  Representatives for over 20 organizations that assist seniors and the disabled will be on hand.  Free Vision, Diabetes and Podiatry screenings will be available.  
 
In addition, on Monday October 25th, from 2:00 to 3:30pm, there will be an informational session on Senior Health Insurance issues.  The event will take place at Empire Medicare Services, 800 Second Avenue, 3rd Floor, between 42nd and 43rd Streets.  Representatives from ACES/Community Services Society, HIICAP/New York City Department for the Aging, and the Medicare Rights Center will introduce you to their organizations, which answer senior health insurance questions, explain their choices, and advocate for change.  Call 212-476-2289 to reserve a seat.
 
 
 
 
Third Annual New York City Day of the Child:
On Sunday, November 14 New York City will celebrate the 3rd Annual Day of the Child.  As part of this event, New York City is conducting a “mentoring for a day” program to teach adults about mentoring opportunities.  The mentoring event will take place at the Intrepid Air and Space Museum from 10:00 AM to 2:00 PM.  Applications to participate are available on the web at http://www.nyc.gov/html/acs/pdf/child_day_app.pdf, or by calling my office at (212) 490-9535.
 
Heat Season Has Begun:
The City Housing Maintenance Code and Multiple Dwelling Law requires building owners to provide heat and hot water to all tenants. Building owners are required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Between October 1st and May 31st, a period designated as "Heat Season," building owners are also required to provide tenants with heat under the following conditions:
·   Between the hours of 6:00 AM and 10:00 PM, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit; 
·   Between the hours of 10:00 PM and 6:00 AM, if the temperature outside falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.
Tenants who are cold in their apartments should first attempt to notify the building owner, managing agent or superintendent. If heat is not restored, the tenant should call the City's Citizen Service Center at 311 (311 can be accessed outside of New York City by dialing (212) NEW YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is open 24-hours a day, seven-days a week.
 

Spotlight on Policy

 

Comprehensive Sexuality Education

 

In late August, New York City Public School officials announced they would cease condom demonstrations in health education classes.  This decision represents an unfortunate move away from providing comprehensive sexuality education in our public schools, and is particularly disturbing given the recent reports that communicable diseases are on the rise. Rates of syphilis and chlamydia are increasing among New Yorkers, according to a recently released study by Mayor Michael Bloomberg’s office.  Last year alone 599 cases of syphilis were reported, representing a marked increase over previous years.  According to the Sexuality Information and Education Council, at least 3 million American teens will acquire a sexually transmitted disease in the next year. 

 

Compounding concern for the exponential growth of both chlamydia and syphilis cases in New York, is the established connection between these sexually transmitted diseases and contraction of HIV.  Although cases of HIV have not concurrently risen, an increase in chlamydia and syphilis could trigger an increase in those affected with HIV at a later date.

 

Given the growing rates of infection, the recent decision by the New York City public schools to discontinue condom demonstrations in sexuality education classes seems completely counter-intuitive.  Proper use of condoms will help prevent infection, stemming the spread of these sexually transmitted diseases that could otherwise eventually lead to a greater rate of HIV.  Additionally, there is evidence that these sexually transmitted diseases can reduce fertility in affected women.

 

Proponents of the modified curriculum believe that sexuality education has caused the increase in sexually transmitted diseases and indicate that the new curriculum will serve as a deterrent to sexual activity.  This directly contradicts studies commissioned by the U.S. Department of Health and Human Services that conclude that sex education does not prompt adolescents to initiate sex when they would not otherwise have done so.  Additionally, the Center of Disease Control has stated that, “education about condom use did not lead to earlier or increased sexual activity.”

 

On August 26th, Roger Platt, Director of the Office of School Health, announced that the new 2004 sexual education curriculum implemented by the Education Department would no longer permit educators to physically demonstrate the correct use of a condom.  Condom demonstrations are only a part of a comprehensive program of sexuality education.  The stated goals of comprehensive sexuality education classes often include: developing the knowledge and skills necessary to ensure and protect young people with respects to their sexual and reproductive health; assisting young people in gaining knowledge about the specific involvement of, and responsibility of both males and females in sexual decision making; and providing information about the health benefits and side effects of all contraceptives and barrier methods as a means to reduce the risk of contracting sexually transmitted diseases, HIV/AIDS and other diseases.

         

Despite the wealth of information proving the efficacy of condom demonstrations, the shift away from expansive sexual education marks a larger trend dictated by the Bush administration as evidenced by their promoting of abstinence only education over condom use.

 

If we follow the national trend where the free flow of information is continually circumscribed and stifled, the health of our debate and the more immediate health of students will suffer.  The only responsible action is for the Education Department to reverse their decision to discontinue condom demonstrations.

 

Pension Reform

 

Current New York State law allows elected officials convicted of crimes related to their official duties to collect full pension benefits.  It is simply unconscionable for elected officials who violate their oath of office to receive a pension that is funded by tax-paying New Yorkers. I have introduced legislation to close this loophole.

 

In recent months, a great deal of media attention has been given to a few New York State elected officials who have resigned their office after being found guilty of a crime, including former State Senator Guy Velella and former Assemblymember Gloria Davis.  Mr. Velella, who was convicted of bribery and was recently released nine months early from his one-year jail sentence at Rikers Island, is allowed to collect an $80,000-a-year pension.  Ms. Davis spent 60 days in jail last year, also for bribery and she still is eligible for her $61,290-a-year pension. 

 

My legislation, S. 7764, would revise the State Retirement and Social Security Law to ensure that any City and State elected officials who commit felonies in the future relating to their official duties, that violate the rules and regulations of their office, shall be prohibited from collecting their pensions.  The fact that a convicted criminal can still collect their pension is a perfect example of the institutional failings of the culture of Albany.  When we do pass this legislation, I hope that New Yorkers will start to feel some small inkling that integrity and honesty are returning to the State Legislature.