News from STATE SENATOR

Liz Krueger

New York State Senate, 26th District

 

COMMUNITY BULLETIN – December 2004

 

Message from Liz . . .

The new legislative session begins on January 5th, at which time we will all see if all the talk about reform will turn into reality.  The Senate and Assembly typically adopt their rules in the first few days of session, so this is the moment to adopt critical reforms such as eliminating empty seat voting, creating a functioning committee system to evaluate legislation, and providing for a more equitable distribution of resources among legislators and legislative districts.  While I would like to be optimistic about the possibilities for meaningful action, my experience tells me that I shouldn’t get my hopes up too much.  So I am pursuing a two-track strategy to put pressure on the legislature to take action.

 

Track one is persuasion.  On December 8th, as Chair of the Democratic Task Force on Legislative and Budgetary Reform, I held a public forum in Albany to evaluate proposed changes to the Senate rules with the goal of developing a vetted proposal to introduce in January.  This hearing brought together legislators and advocates to discuss the plusses and minuses of the various proposals for reform.  In the hearing we drew on the work of the Brennan Center Report, which outlined their recommendations for fixing what they identified as the most dysfunctional legislature in the nation.  My public forum was open to members of both parties and both houses, and thus allowed all the players an opportunity to publicly discuss rules reform – the same kind of public debate I believe we should be having on the floor of the legislature.  The work of the task force will serve as the basis for the rules proposal that I and my Democratic colleagues will introduce when session begins in January.

 

But persuasion may not be enough, so I am also resorting to a bit of arm-twisting.   In late November, I joined with Assembly Republican Tom Kirwan in announcing our intent to sue the legislature and the governor if they did not adopt a number of reform measures.  We delivered the proposed complaint to our colleagues and the Governor, and indicated that if the specific issues in the complaint were not addressed by January 18th we would file with the court.  We are represented in this case pro bono by Evan Davis, former Counsel to Governor Mario Cuomo and current partner at Cleary Gottlieb, Steen and Hamilton; and by Doug Lasdon of the Urban Justice Center, which is also a plaintiff in the suit.

 

Rules reform through the courts is not a particularly desirable option, but if we are unable to solve our problems “in house,” it may be the only option.  One problem with such a reform strategy is that it can only address some issues.  Our suit outlines a number of legislative procedures that we feel violate constitutional principles of equal protection and freedom of association by discriminating against minority party legislators and their constituents.  We also argue that the Governor is violating the specific requirements in the New York State Constitution in the issuance of “messages of necessity,” which allows bills to be voted on immediately, and therefore is often used to limit the possibilities for public discussion of bills before they are passed.  But many other legislative procedures are not challengable on constitutional grounds.  For this reason, as well as the fact that a court challenge can be slow and costly, it would be much more efficient for the legislature to take action itself in January. 

 

I hope the legislature responds to the persuasion of myself and the many other advocates of real reform, and amends our rules to create a more democratic and deliberative legislative process.  But if not, Assemblymember Kirwan, the Urban Justice Center and I are ready to use the courts to force through a real reform package.

 

 

Community Spotlight

 
Update On Proposed Reopening of Marine Transfer Station at East 91st Street:

On Saturday, November 20th, I joined East Side elected officials and community residents on the Asphalt Green Field to oppose the proposed plan to reopen the 91st Street Marine Transfer Station.  Hundreds of residents and neighbors attended the rally to show their solidarity.  Of the four proposed sites for the marine transfer station chosen by City, the 91st Street station is the only one situated in a densely populated residential neighborhood.  Additionally, the transfer station will accept both local residential and borough-wide commercial garbage. Its location both within a serene residential neighborhood and adjacent to a beautiful resource like Asphalt Green should dissuade a restoration of service.  The facility will undoubtedly emit pungent odors, host a constant procession of pollutant-emitting trucks, and create maddening traffic disarray.  In other words, the proposed site is completely inappropriate and unacceptable.I remain convinced that marine transfer stations can play an important role in solving New York City’s waste management problems.  Furthermore, I recognize that waste disposal is a messy issue because garbage, by definition, is not anything that anyone wants any part of.  I do not oppose the placement of a marine transfer station on the East Side.  We must all be responsible for our own waste.  I encourage the Department of Sanitation to find a more suitable site for the marine transfer station, but it simply cannot be in the middle of a park in a residential neighborhood.

 
Assistance with Senior Health Issues:
The Health Insurance Information Counseling and Assistance Program (HIICAP) offers assistance to seniors with a number of health care related issues, including Medicare, Medicaid, HMOs, Medigap Insurance Coverage, employer benefits, medical bills, insurance claim forms and long-term care options.  In association with New York Presbyterian Hospital’s HealthOutreach program, HIICAP offers appointments every Wednesday from 9:30 to 2:00 p.m. at the HealthOutreach office, 420 East 76th Street, between First and York.  Call 212-746-4351 to make an appointment.
 
Help with Prescription Drug Costs for Seniors and People with Disabilities:
Need help with prescription drug costs?   If your income is under 35,000 for a single person, or under 50,000 for a married couple, EPIC, New York State’s prescription drug assistance program for seniors, can help.  Call 1-800-332-3742 to enroll or for more information.
 
Also, if you are under 65 and have a disability, the Medicare Drug Discount Card can help you save on medication costs, and if your income is low, you can get an additional $1200 towards the costs of prescriptions if you sign up before the year.  Call the Medicare Rights Center at 1-800-333-4114 for more information.
 
Free Business Counseling Available to Small Businesses:
SCORE, a non-profit volunteer association of successful business people, offers one-on-one, confidential counseling to small businesspeople on a variety of issues, such as: preparing a business plan, working in international trade, or securing assistance from the U.S. Small Business Administration.  Counseling is available at two locations in the 26th Senate District: at the Science, Industry and Business Library - 188 Madison Avenue @ 34th Street (call 212-592-7033 for an appointment) or at the Mid-Manhattan Library – 451 Fifth Avenue @ 40th Street (call 212-340-0833 for an appointment). For more information, visit SCORE on the web at www.scorenyc.org.
 
New Law Requires Carbon Monoxide Detectors:
On November 1, a new city law went into effect that requires landlords to install carbon monoxide detectors in all apartments in buildings heated by a furnace that burns fossil fuel, or that are exposed to some other source of carbon monoxide.  Detectors must be installed within fifteen feet of each bedroom in the apartment, and can be combination, smoke and carbon monoxide detectors.  Once the detectors are installed, it is the tenants responsibility to maintain them.  Landlords are also permitted to charge tenants $25 per detector, payable within a year of installation.  If your landlord has not installed a monitor, write him or her a letter asking the landlord to contact you to schedule the installation.  If you don’t get a response, call 311 to lodge a complaint.
 
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

 

Transparency at the Department of Education

Since I voted for Mayoral Control of the School system in 2002, there has been significant positive change within the New York City schools.  Unfortunately, there are also areas where I believe we have regressed, and one extremely important example of this is in opportunities for parental involvement.  Since the inception of Mayoral control and the dissolution of the community school boards, parents have expressed frustration at their lack of input in new Department of Education (DOE) strategies and policies.  No one is denying that the old system of decentralized community school boards was corrupted by patronage and inefficiency.  Unfortunately, the current structure of Community and Citywide Education Councils is equally problematic because it leaves those most affected by DOE policy in a minor advisory role.

 

Recently, members of the Community Education Council (CEC) District 2 protested the rushed announcement of and vote on the fifth grade promotion policy.  Members publicly protested at last month’s Panel for Educational Policy (PEP) meeting that they were given less than a week to review the policy.  Parents who reside in my district are very distressed at the manner in which the DOE supplies information.   

 

In a recent statement before the special masters in the Campaign for Fiscal Equity lawsuit, Chancellor Joel Klein indicated that PEP is a “democratic body” that helps to oversee DOE policy.  Yet parents who have attended these meetings have pointed out that PEP is basically a figurehead organization with no real powers.  This proved evident at a meeting on third grade retention policy that took place earlier this year, when three members who publicly dissented with the Mayor were promptly removed from the panel.  Currently, the Mayor appoints seven members to PEP, while each Borough President appoints an individual who must be the parent of a public school child as a member. 

 

Furthermore, the reality remains that monthly PEP meetings are the only opportunity that parents have to publicly address Chancellor Klein.  However, the way the meetings are structured is not conducive to public comment.  Parents who wish to speak must arrive by 5:30 PM to sign-up to speak, but the public hearing portion is not until the end of meetings at 7:00 PM or later.  This does not exemplify a respectful use of parents’ time. 

 

Parents have also expressed frustration with the abrupt manner in which the DOE has announced new policy and policy changes.  For instance, the decision to institute the third grade promotion policy was announced in the middle of last school year.  Parents felt it would have been better to wait to implement the policy in the next school year as opposed to the current one.

 

As Mayor Bloomberg and Chancellor Klein proceed with all of the new DOE initiatives they must ensure that parents retain a real voice in the policy-formation process and that parents and the public in general are notified of new policies or policy shifts in a timely fashion

 

The Mayor cites school leadership teams and parent associations as avenues of participation for parents in their children’s education.  Unfortunately, limiting parental engagement to the school-level is like relegating master chefs to cutting vegetables.  You miss out on the expertise and passion of those players.  When you’re formulating broad DOE policy decisions that have ramifications on the daily lives of parents and children, those constituencies deserve to be engaged in how those decisions are made and implemented.