City & State 12212015

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CONTENTS

December 21, 2015 6.......

CITY

Advocates say de Blasio’s MWBE timeline discourages accountability

By Sarina Trangle Homelessness services review aims to streamline nonprofit contracting

By Jeff Stein from New York Nonprofit

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STATE

12......

BUFFALO

15......

THE YEAR IN REVIEW

28.....

SPOTLIGHT: SOCIAL RESPONSIBILITY

FROM THE EDITOR’S DESK

cit yandstateny.com

A timeline of New York politics in 2015 … Skelos’ downfall, and its impact on the state Senate … why 2015 was the year of Preet Bharara … City & State’s best stories, op-eds and covers of the year

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How the state and city comptrollers encourage social responsibility … Bill Bratton urges businesses to help the homeless … Benjamin Lawsky on accountability on Wall Street

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EVENT: PUBLIC PROJECTS FORUM

Small city mayors aren’t expecting federal and state help … a focus on long-term planning by government agencies

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OPINION

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BACK & FORTH

2015

A Q&A with Museum of Political Corruption founder Bruce Roter

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Cover by Guillaume Federighi

city & state — December 21, 2015

Bernard Kerik says Rikers Island needs to be reformed, not closed ... Brad Hoylman says the Supreme Court needs LGBT representation

ber 18,

The past decade at the state Capitol has been chaotic.

Members of the press corps have described it as 30 years of news packed into 10. But despite all the scandals, the overall feel of the Capitol never really changed. The sense that Albany was an ecosystem unto itself, with its own intricate practices and policies, remained. The more time you spent there, the more you just adapted. It’s why some took to calling it Planet Albany.

This year things changed.

The arrests and convictions of Sheldon Silver and Dean Skelos were like meteors striking Planet Albany, kicking a cloud of debris up into the atmosphere, leaving its inhabitants shocked and uncertain as the dust slowly settled.

When our staff sat down to decide what was the biggest story of the year, it became obvious pretty quickly that the meteoric downfall of two of the “three

Amid renaissance, program trains ‘Emerging Leaders’ to hold officials accountable

By Justin Sondel

Decem

Michael Gareth Johnson Editorial Director

men in a room” had the biggest impact. But it wasn’t the personal stories of the former legislative leaders that changed the political landscape in 2015 – it was that cloud of dust, which had paralyzed Albany in fear. The cloud created by Preet Bharara, the U.S. attorney for the Southern District of New York.

Our cover story, penned by Opinion Editor Nick Powell, makes the case that 2015 will be remembered as the year Albany lawmakers changed the way they operate inside the Capitol, whether or not ethics reforms arise in 2016.

While there was clear consensus that this was the biggest story of the year, there were some other contenders we discussed that I feel are worth mentioning.

The U.S. Supreme Court’s ruling legalizing samesex marriage across the nation was probably the single biggest decision impacting social rights in more than three decades. Considering New York’s history as a catalyst in the movement toward samesex marriage, we had to at least consider the idea of this being the biggest story of the year.

Another story that captivated us was the “shadow” war between New York City Mayor Bill de Blasio and Gov. Andrew Cuomo, thrust into the light when de Blasio decided to unload on Cuomo in a television interview with NY1’s Errol Louis, calling the governor vengeful and saying he showed a “lack of leadership” by not fighting for New York City’s agenda.

Both stories were worthy choices, but in our assessment 2015 was the year of Preet.

Report: $15 wage floor for nonprofits would cost $250-$300 million a year

By Frank G. Runyeon for New York Nonprofit

DANNY MEYER

LARRY SILVERSTEIN

EILEEN FISHER

TIM ARMSTRONG

BILL BRATTON

61 Broadway, Suite 2235 New York, NY 10006 Editorial (212) 894-5417 General (646) 517-2740 Advertising (212) 894-5422 info@cityandstateny.com

DECEMBER 2015

CITY AND STATE, LLC Chairman Steve Farbman

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JAMES MILLIKEN

President/CEO Tom Allon tallon@cityandstateny.com PUBLISHING Publisher Andrew A. Holt aholt@cityandstateny.com Vice President of Advertising Jim Katocin jkatocin@cityandstateny.com Director of Sales and Events Jasmin Freeman jfreeman@cityandstateny.com Associate Publisher Samantha Diliberti sdiliberti@cityandstateny.com Business Development Scott Augustine saugustine@cityandstateny.com EDITORIAL

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Editorial Director Michael Johnson mjohnson@cityandstateny.com Associate Editor/Senior Correspondent Jon Lentz jlentz@cityandstateny.com Opinion Editor Nick Powell npowell@cityandstateny.com Albany Reporter Ashley Hupfl ahupfl@cityandstateny.com Buffalo Reporter Justin Sondel jsondel@cityandstateny.com Staff Reporter Sarina Trangle strangle@cityandstateny.com

city & state — December 21, 2015

Editor-at-Large Gerson Borrero gborrero@cityandstateny.com

Last week at a special luncheon at Hunter College, City & State Reports was pleased to honor its “Responsible 100” – its list of New York’s 100 most outstanding corporate citizens who went above and beyond to make the world a better place. The event featured the release of CSR’s premier annual report, which included highlights from this year’s Corporate Social Responsibility Awards and Conference Breakfast Series, profiles of top honorees, research and analysis on corporate responsibility, predictions for 2016, and op-eds from leaders in business and government.

The event was emceed by Hunter College President Jennifer Raab and The Daily Beast Editor-in-Chief John Avlon. The keynote speaker was NYPD Commissioner Bill Bratton.

Copy Editor Ryan Somers rsomers@cityandstateny.com Editorial Assistant Jeremy Unger junger@cityandstateny.com Editorial Assistant Jeff Coltin jcoltin@cityandstateny.com PRODUCTION Creative Director Guillaume Federighi gfederighi@cityandstateny.com Senior Designer Michelle Yang myang@cityandstateny.com Marketing Graphic Designer Charles Flores cflores@cityandstateny.com Digital Strategist Chanelle Grannum cgrannum@cityandstateny.com Multimedia Director Bryan Terry bterry@cityandstateny.com

For more on social responsibility in New York, check out our spotlight section starting on Page 29. To see what Bratton had to say, turn to Page 33. à

Copyright ©2015, City and State NY, LLC

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DYLAN FORSBERG

BETH COMSTOCK

JUDITH RODIN

2015 MAD LIBS:

THE YEAR OF _______

1199 SEIU

“YEAR OF THE BRAVEST” Who said it: FDNY “New York’s Bravest” celebrated the FDNY’s 150th anniversary by declaring it the “year of the bravest.”

With summer block parties and appearances at the NBA All-Star Game, the city’s tourism arm hoped it would be a “compelling reason to visit New York City.”

“YEAR OF THE TENANT” Who said it: Real Rent Reform coalition, 1199 SEIU, New York City Councilmen Jumaane Williams and Mark Levine, etc.

The Real Rent Reform coalition launched the “year of the tenant” campaign back in November 2014, looking ahead to the impending expiration of certain rent laws in June.

The term was used often in the waning days of the legislative session, but by July the Association for Neighborhood and Housing Development admitted disappointment over the details of the rent law renewals and the limited extension of 421-a.

“YEAR THE STATE SENATE TAKES ACTION ON TRANS RIGHTS” Who said it: Empire State Pride Agenda On May 27, the ever-hopeful Empire State Pride Agenda asked for the Senate to pass the antidiscrimination Gender Expression Non-Discrimination Act, or GENDA. For the 10th straight year, the Senate didn’t act, but Cuomo announced expanded protections for transgender New Yorkers by executive action at ESPA’s fall gala.

“YEAR OF THE GOAT” Who said it: New York City Council, Tom DiNapoli Tons of politicians wished us a happy Chinese New Year around Feb. 19, but there was disagreement over what to call it. While the New York City Council went with “year of the ram” for their City Hall celebration, state Comptroller Thomas DiNapoli held a celebration for the “year of the goat.”

The term in Chinese refers broadly to any hoofed, bleating animal.

“YEAR OF LIGHT AND LIGHTBASED TECHNOLOGIES” Who said it: UNESCO The UN’s cultural arm decided 2015 was the year to promote the science of light and its applications, and celebrated with events at science museums and cultural centers from Osaka to San Juan. Rochester winning a federal photonics center in July had nothing to do with UNESCO’s campaign, but it sure was a great way to celebrate.

For City & State’s look back at 2015, turn to Page 15. à

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city & state — December 21, 2015

The editorial team at City & State engaged in a spirited debate over the defining story of 2015 and how to brand it. A search through our email inboxes revealed that we weren’t the only ones trying to define the year. Here are just some of the ways those in the New York political sphere described 2015.

CIT Y

KICKING THE ACCOUNTABILITY CAN

BY THE END OF 10-YEAR MWBE PLAN, ‘WE’LL ALL BE OUT OF OFFICE’

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city & state — December 21, 2015

New York City Councilwoman Laurie Cumbo, left; and The Black Institute’s Bertha Lewis at a rally before a hearing on MWBE contracting.

Shortly after he took office, New York City Mayor Bill de Blasio pledged to award $16 billion in contracts to minority- and women-owned business enterprises over the next decade.

But by tying that ambitious goal to a 10-year timeframe, advocates like City Councilwoman Laurie Cumbo say the administration may not hold contractors and city personnel overseeing them accountable, perpetuating the decades-old problem of a lack of diversity in who receives city money.

“Ten years out, we’ll all be out of office,” Cumbo said. “We’ll have a brand-new administration. People will have gone. Everyone will have left. … The next generation … is going

to be here talking about, ‘They did us wrong in the past. We’re here to make it right.’ We’re just going to continue the cycle.”

Cumbo, the chairwoman of the City Council Committee on Women’s Issues, raised advocates’ concerns at a City Council hearing last week on examining the administration’s efforts in contracting with MWBEs. During the hearing, City Council members also reviewed several measures meant to prod the administration toward a more proactive approach.

Maya Wiley, counsel to the mayor and director of the city’s MWBE program, said a number of city initiatives, such as creating affordable housing, expanding broadband

access and ramping up business with MWBE firms, were all on a 10-year deadline. She said this would help institutionalize goals beyond any particular administration and solidify shifts in city government.

In fiscal year 2015, the city awarded $1.6 billion in contracts to MWBE firms, or about 5.3 percent of its total procurement. No agency met citywide MWBE goals, and only the Housing Preservation and Development and Parks and Recreation departments met a majority of their internal agency goals. This performance prompted questions at the hearing about the administration’s tactics and timeframe.

Council members inquired about what can be done to ensure

prime contractors meet MWBE subcontracting goals and promptly pay vendors, how agencies are held accountable and how to improve things without turning to Albany for aid. Under many circumstances, state law forbids the city from considering a firm’s MWBE designation and requires the municipality to award contracts to the lowest responsible bidder.

Wiley emphasized that she and Lisette Camilo, director of the Mayor’s Office of Contract Services and chief city procurement officer, were raised by minority entrepreneurs and shared the same goals as those questioning them. Wiley described de Blasio as earnest about improving the city’s MWBE track record, noting he had doubled the budget for MWBE support at the Department of Small Business Services over the past year, used project labor agreements to enhance efforts and put $20 million into bonding and pre-development loan funds for small companies looking to compete for city contracts.

“It has been simply unprecedented the amount of time, attention and commitment that Mayor de Blasio has placed on MWBE procurement,” Wiley said. “We’re not done. We are not satisfied, and we are in partnership with you.”

Administration officials expressed support for two of the seven City Council measures taken up last week.

They backed a resolution calling for adjusting a rule so agencies are allowed to award contracts of up to $35,000 at their full discretion. The officials also supported bills requiring training for agency chief contracting and MWBE officers, mandating that agencies publish MWBE utilization plans online and adding more detail and prep time to MWBE compliance reports.

However, de Blasio’s administration opposed legislation that would compel companies with contracts of more than cit yandstateny.com

SARINA TRANGLE / WILLIAM ALATRISTE FOR THE NEW YORK CITY COUNCIL

By SARINA TRANGLE

cit yandstateny.com

on the steps of City Hall, Lewis called his administration “incompetent” and “immoral” at a rally before the hearing. She thanked Rep. Hakeem Jeffries, a rumored mayoral challenger, for standing beside her, and she praised two others said to be weighing a mayoral run – City Comptroller Scott Stringer and Public Advocate Letitia James.

While testifying at the hearing,

Lewis contended the 10-year goal did not jibe with an administration that “may not have four years.” But she said the biggest insult was the $20 million set aside for bonding and loans, which Lewis estimated would benefit just 23 companies.

“They just stick out $20 million and hungry MWBEs and people of color is supposed to say, oh, thank you master,” Lewis said.

CIT Y

And the way that all of the work (of) the senior cabinet members of this administration is fulfilled is through multiple people.”

This verbal tussle over appointing an MWBE director with no other responsibilities demonstrates flaws in de Blasio’s approach, said Bertha Lewis, head of the The Black Institute and once a close de Blasio ally.

Minutes after embracing the mayor

HOPE:

WORKING PEOPLE COMING TOGETHER TO AMPLIFY OUR VOICE AND STAND STRONG One of our nation’s founding principles is that everyone should have an equal opportunity to achieve success and prosperity through hard work and dedication. Many have fought — and died — for the right of democracy, believing we would always be stronger by following common goals of fairness, dignity and respect for all, and by joining together we would succeed.

Working people still believe in these principles, and should know that the right to belong to a union and speak out for economic justice is key to preserving them – for all workers.

The wealthiest 1% own more wealth than the bottom 90 percent of the U.S. population.They continue to undercut wages, demand more hours and ship thousands of jobs overseas — all to selfishly pile onto their already obscene wealth. Democracy has been bought off via misnamed MEMBERSHIP “free enterprise.” The Labor & SOLIDARITY Movement has become a HELPED BUILD A convenient scapegoat for the 1% to mislead about job loss and rising taxes.

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UNION

STRONG MIDDLE CLASS

Union membership and solidarity helped build a strong middle class in the U.S. and that benefitted all.

Fifty years ago, hard work and a 40-hour work week were enough to put food on the table and a roof over our heads. Families sat at the kitchen table together. Industry was alive. Loyalty was rewarded.

Democracy was stronger than it is today, and the Labor Movement was growing.

Today, most Americans are overworked, underpaid and struggling to make ends meet. Dual income households can’t keep up with inflation, skyrocketing college education costs or high health care expenses. Many workers put in 60-plus hour weeks, sacrificing time with family for the chance to get ahead. Relationships crumble under the weight of overscheduled lives. It’s not coincidental that all of this has happened as the Labor Movement has been under constant attack.

9196_Advertorial StrongLabor 7.485x10 CS.indd 1

The Labor Movement can and must do better but it is the manipulation of the few that is silencing the voice of the many.

Without a strong Labor Movement to give voice to the aspirations of working people, our Democracy will continue to diminish. Hope means working people coming together to amplify our voice and stand strong.

We must not squander our opportunities to defend democracy and economic fairness. Vote. Participate in your union. Advocate for your co-workers and the millions of American people just like them. Help keep the American Dream alive.

DA N N Y D O N O H U E , P R E S I D E N T

Danny Donohue is president of the nearly 300,000 member CSEA – New York’s Leading Union – representing workers doing every kind of job, in every part of New York.

12/16/15 2:55 PM

city & state — December 21, 2015

$10 million to hire an independent consultant to spearhead MWBE procurement. The administration argued this would drive up the cost of the “vast majority” of contracts by millions of dollars. The administration embraced part of another bill stipulating that an advisory council be convened, but took issue with a second prong of the measure mandating that the mayor appoint an MWBE director whose sole responsibility would be monitoring minority- and womenowned business affairs.

Cumbo, who sponsored the legislation, said it was “more than a coincidence” that de Blasio announced he would sign an executive order creating the MWBE advisory council the night before the hearing. She said it was a “fantastic” step, but that legislation was needed to ensure the group outlives the current administration. Cumbo also contended Wiley’s oversight would not suffice.

“You need an army of people whose sole function is MWBE and to simply ask that there be one person whose sole function is that is being turned down,” Cumbo said, noting that the administration wrote in submitted testimony that “requiring the MWBE director’s sole function be limited to MWBE oversight raises curtailment issues” and “limits the mayor’s ability to determine how best to organize his office and administration.”

“Having that person be part-time doesn’t raise curtailment issues,” Cumbo added. “At what point or percentage of someone’s time does it raise those curtailment issues? And we just passed, in the City Council, the Mayor’s Office for Veterans’ Affairs.

We passed, a decade ago, the Mayor’s Office to Combat Domestic Violence.

When we in the city recognize that there is a serious issue, we create a dynamic where an exclusive body of people just works specifically on one particular thing.”

Wiley responded that someone on her staff spent all of his time on MWBE affairs and two others spend the majority of theirs on it, too. She pointed out other agencies also have staffers solely dedicated to MWBE matters. And as a senior cabinet member, Wiley said she knew the matter was at the forefront of de Blasio’s mind. “(De Blasio) wanted it clear, throughout the administration, the centrality and importance of the commitment,” she said. “There is not any person in the senior cabinet that has one set of responsibilities.

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MEET THE NEW BOSS

DHS’ NEW LEADER SAYS REVIEW WILLSTREAMLINE NONPROFIT CONTRACTING

By JEFF STEIN from NEW YORK NONPROFIT MEDIA

HRA Commissioner Steven Banks, left, will take over DHS after Commissioner Gilbert Taylor, far right, announced his resignation.

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OUR VETERANS WERE THERE FOR US

city & state — December 21, 2015

IT’S OUR TIME TO BE THERE FOR THEM Help US MAKE SURE ALl NYC veterans have a place to call home To help, or learn about financial incentives for owners & brokers, call 311 or visit NYC.gov/missionhome

One day after being tasked to lead the city Department of Homeless Services, Human Resources Administration Commissioner Steven Banks suggested he will use a forthcoming operational review and reorganization of the two agencies to make it easier for nonprofits to do business with the city.

“As part of our review and a part of looking at things, I want to obviously draw upon the best of what’s being done by not-for-profit organizations in the field, and make sure that they’re able to do their job and that we’re giving them all of the tools that they need,” Banks told reporters last week at City Hall.

Over the past several months, DHS has faced pointed criticism – including from city Comptroller Scott Stringer – for falling behind on processing contracts with shelter providers. Banks singled out city agencies’ contract procurement processes, which can often be fraught with delays in funding and program implementation, as an area for review. He cited HRA’s recent takeover of DHS contracting as an example of an initial step taken to expedite paperwork.

“What we found is that HRA is a bigger agency and has a well-established contracting process, and ultimately it was more efficient for the city to bring to bear the resources of a larger functioning system on not-for-profit contracting,” Banks said. “Whether it should remain that way or not is certainly something that we have to look at.”

Banks also said that the city must focus on simplifying the contracting process for nonprofits that deal with multiple city agencies. The current system, Banks noted, makes it “difficult to administer programs when you’ve got multiple contracts with multiple agencies that may be asking you to do the same thing in different ways.”

Many contracting issues, he added, are the result of systemic problems that must be addressed as a part of the internal review.

“Over the years, a number of different processes have built up in terms of procurement that are difficult to navigate if you’re a not-for-profit and can be cumbersome to apply if you’re

an agency,” Banks said. “Part of what we’re going to be looking at are the ways in which we can streamline the contracting process for not-for-profits so that they can provide the kinds of front-line services we want in a timely way without the kinds of problems that have developed in the past.”

Banks’ review and potential reorganization of the two agencies commences as Gilbert Taylor, the outgoing commissioner of DHS who announced his resignation last week, transitions to an undefined post before leaving the administration altogether.

When pressed, Banks would not provide specifics on Taylor’s interim role, declining to say whether or not the outgoing commissioner would even have a desk at City Hall. He also would not specify a timeline for when the position of deputy mayor for health and human services, abruptly vacated by Lilliam Barrios-Paoli in late August, would be filled.

Banks said he will stay on as HRA commissioner while taking over leadership of DHS. In response to questions about the high-profile departures, Banks said that the most pressing issues facing the city’s response to homelessness are operational and can be addressed with current leadership. He also pushed back against criticism of Mayor Bill de Blasio’s management style, saying that the most meaningful changes at HRA – including a tenfold increase in the budget for eviction-prevention legal services – have resulted from direct mayoral involvement. “(The program expansion) came out of directly working with the mayor and the mayor wanting to focus on what can be done to prevent people from losing their homes,” Banks said.

“And that came about because of that hands-on management, which I greatly appreciated.”

New York Nonprofit Media, a news source for the state’s nonprofit organizations, is a sister publication of City & State.

cit yandstateny.com

STATE

REPORT: $15 WAGE FLOOR FOR NONPROFITS WOULD COST STATE $250-$300 MILLION A YEAR

By FRANK G. RUNYEON for NEW YORK NONPROFIT MEDIA

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The report released this month.

city & state — December 21, 2015

To fund a $15-an-hour wage floor

for nonprofit human services workers in New York, the government would have to increase annual spending on contracts by 20 percent, or an additional $250 to $300 million, according to estimates released this month in a joint report by the Federation of Protestant Welfare Agencies, the Fiscal Policy Institute and the Human Services Council.

“The State contracts out roughly $1.5 billion annually to nonprofit organizations,” said the report, titled “A Fair Wage for Human Service Workers.” “Raising the wage floor in the state-funded human services

sector would cost $60 to $75 million in the first year and approximately $250 to $300 million yearly” after the $15-an-hour minimum wage is fully phased in. Gov. Andrew Cuomo has proposed the new minimum be fully phased in for all workers throughout the state by summer 2021.

The report argues that the state’s 2,500 nonprofit human services organizations should not be left out of any plans by Cuomo or the state Legislature to raise the minimum wage for all New Yorkers. Since around three-quarters of the state’s 200,000 nonprofit workers rely at least partially on government contracts

to fund their salaries, according to estimates by the Fiscal Policy Institute, state government will need to increase funding in nonprofit human services contracts.

Since Cuomo has already committed to raising wages for government workers, committing to this additional funding is a natural next step, advocates reason.

“Nonprofit organizations, in essence, are essentially an extension of the government’s workforce,” said Jennifer Jones Austin, who heads the Federation of Protestant Welfare Agencies. Government, she said, “should contract at a wage that would allow nonprofit workers to be gainfully employed and be able to make ends meet – and that hasn’t been happening.”

Many nonprofit workers contracted

by New York state to help the poor, homeless and vulnerable are so underpaid they need the same services they help provide, advocates say. The report notes these workers are often “standing in the same food pantry lines as their clients, on the same waiting lists for affordable housing, and in need of the same child care subsidies to allow them to go to work each day.”

“We can’t have the people who are delivering services eligible for food stamps,” said state Sen. James Sanders Jr., who sits on the Senate Labor Committee. “We have to have a society which pays to work.”

While the report’s authors are in favor of a universal $15 minimum wage, raising the wage floor without providing new funding for human services providers “would spell disaster for many nonprofits,” the report says.

Without the ability to increase the prices for their services or cut into profits to pay the higher wage – the way for-profit businesses can – “many nonprofits would be in dire financial straits.” Conversely, if nonprofits were exempted from the wage increase, the whole nonprofit sector could suffer, with employees and prospective hires moving to higher-paying sectors.

Ultimately, without the increase in state contract funding, the services these organizations provide and the people they serve would suffer, warns James Parrott, chief economist at the Fiscal Policy Institute. “These are not luxury goods that we’re talking about,” he said. “These are core human services provided to the most vulnerable and to a broad cross-section – it’s not just poor people.”

The report’s cost estimate is meant to show what it costs to bring workers up to $15 an hour, while also providing a small, proportionate increase for other workers in those organizations that are currently making more than a $15 hourly rate. “This is just saying, this is what it costs to bring everybody up to $15 and provide a smaller, proportionate increase for workers in the $15 to low-$20 range to maintain a compressed wage hierarchy,” Parrott explained.

“This is not some kind of a comparable worth estimate,” Parrott said. “We did not figure out what these workers really should be making” or what they need.

According to the report, half of all human services providers under government contract in New York state are paid less than $15 an hour, and nearly a third make less than $10.50.

In most parts of the state, the report notes, those wages are not enough “to meet the high cost of living.”

“The state hasn’t done anything like this,” Parrott added. “To the governor’s credit he’s making a bold proposal to make up for lost time and put New York state on a path to be in the lead among all states raising the minimum wage.”

The report quotes Fred Shack, CEO of the homeless services provider Urban Pathways, who says that 82 of his employees, or about a third of his workforce, “despite working to provide homeless New Yorkers essential services and permanent housing, are relegated to live in poverty, struggling to pay their rent and meet the basic needs of their families.”

cit yandstateny.com

By Stuart Appelbaum, President, By Stuart Appelbaum, President, Store Union, Retail, Wholesale and Department Retail, Wholesale RWDSU, UFCW and Department Store Union, RWDSU, UFCW orking in the retail industry any time of orking in be thearetail industry year can challenge.

Butany fortime the of year canseason, be a challenge. for the holiday it can be But downright holiday season, it can downright daunting for workers tasked withbe handling daunting workers tasked with handling everythingfor from crowds of holiday shoppers to the everything from crowds of holiday shoppers to the flood of post-holiday returns. flood of returns.

Forpost-holiday many RWDSU members, employed at For many RWDSU members, employed at retail stores such as Macy’s, Modell’s Sporting retail stores such as Macy’s, it’s Modell’s Sporting Goods, and Bloomingdale’s, the most stressful Goods, it’s the most stressful time of and year.Bloomingdale’s, Big crowds, irritable customers, long of year. Big crowds, irritable customers, long hours, and the need time for workers hours, and the needcare for workers themselves to take of their own themselves to take can careall ofweigh their own holiday obligations heavy For non-union retail holiday obligations can Too all weigh on workers’ shoulders. many heavy workers, For non-union it canretail be a on workers’ shoulders.

Too the many shoppers don’t appreciate pressure struggle just workers, it can tobe survive a shoppers appreciate thethis pressure that retail don’t workers are under time — to say just struggle nothing to survive of that retail workers are under this time of year.

— to say nothing of providing their families of year.

And, especially for retail workers with a joyous providing theirholiday. families And, especially for stress retail workers with a joyous holiday. in non-union stores, the of the in non-union stores,on thetop stress ofdaily the holidays is stacked of the holidays isthey stacked topday of the dailyyear: insufficient hours, poverty obstacles face on every of the obstacles face every day of theand year: insufficient hours, poverty wages thatthey won’t support families, unpredictable scheduling that wages won’t to support families,job, andplan unpredictable scheduling that makes that it difficult work another childcare, or attend school. makes it difficult to work another job, plan retail childcare, or attend Non-union workers may beschool. forced Non-union retail workers may be to work when they don’t want to, forced With a union, workers to work when they don’t want to, regardless of their own holiday plans, have a the assistance of With union, workers regardless of their own plans, and they likely won’t be holiday compensated contract a have the protections, assistance of and likely won’t be compensated fairlythey for working holiday time. For these voice in the workplace, contract protections, a fairly for working time.just Fortothese workers, it can beholiday a struggle and a in way toworkplace, communicate voice the workers, ittocan be a struggle just to survive – say nothing of providing withamanagement. and way to communicate survive – to say nothing of providing their families with a joyous holiday. with management. their families with a workers joyous holiday.

With a union, have the With in a union, workers have assistance of contract protections, a voice the workplace, and athe way assistance ofcommunicate contract protections, a voice with in the workplace, and a way to effectively their concerns management.

They can to effectively communicate concerns withbymanagement.

Theyand can make their jobs better, and their create better lives coming together make their jobs better, and create better lives by coming together and joining a union. joiningThis a union. holiday season, if you are working in retail, hang in there, and youyour are union working retail, hang in there, and call onThis yourholiday fellow season, workers if and forinsupport and assistance. call on fellow when workers union support and assistance.

And foryour everyone, youand areyour doing your for holiday shopping, take some And for everyone,the when youthe areworkers doing your shopping, take some time to consider stress whoholiday are helping create holiday time to consider the stress workers helpingtocreate holiday memories are under.

Lend athe smile, and who someare patience workers and memories under. Lend a smile, patience and your felloware shoppers.

It’s the time ofand yearsome we can all givetoaworkers little back your fellow It’s the time of year we can all give a little back and do our shoppers. best to spread good will. and do our best to spread good will.

W W

For more information, visit For more information, visit www.rwdsu.org

www.rwdsu.org Protesters march in Manhattan this year to demand a $15 per hour minimum wage. cit yandstateny.com

STATE

Our Our Perspective Perspective Holiday Holiday Season Season Means Means Extra Extra Stress Stress for Retail for Retail Workers Workers

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city & state — December 21, 2015

answers to questions about whether they support increasing contract funding for a $15-an-hour wage floor for human services nonprofits.

State Sen. Patrick Gallivan, a Republican representing the 59th District in Western New York, said he was “opposed to an increase in the minimum wage to $15 in any industry because of the negative consequences to consumers, taxpayers and businesses.”

Meanwhile, Sanders, a Democratic state senator for the 10th District in Queens, voiced support for the proposal, but added a word of caution: “If the past has any bearing on the future, the Republicancontrolled Senate is not going to be sympathetic towards it. And under those conditions, we’re going to find ourselves in a bind.”

“If it is to happen, the governor will have to step up to the plate – or be prepared to step up to the plate,” Sanders concluded. “At a minimum, he will have to join us in moving over the Republicans.”

A KATZ / SHUTTERSTOCK.COM

For years, Jones Austin said, workers have not been paid a wage that meets their needs, and have been struggling with wage cuts as a result of funding cuts at the state level. An unfunded mandate for nonprofits to pay their workers $15 an hour would add to that burden, she said.

Historically, the state has promised regular cost of living adjustments and hasn’t followed through, saving the state what now amounts to close to $300 million, said Allison Sesso, executive director of the Human Services Council. “That is why we are in the situation in which we have a low-wage workforce today,” she said.

Jones Austin added, “We have to reverse this and we have to take care of the workers. So we’re going all out.”

While nonprofit advocates appear confident that the governor is in their corner, the proposal would face challenges in the Republicancontrolled state Senate.

Members of the state Senate’s Labor Committee returned discordant

BUFFALO

A RESPONSIBLE RENAISSANCE AMID ECONOMIC REBOUND, PROGRAM TRAINS ‘EMERGING LEADERS’ TO HOLD OFFICIALS ACCOUNTABLE

city & state — December 21, 2015

12

Friends, family and mentors gathered in an events room on Buffalo State’s campus over the weekend to watch the first group of 25 “Emerging Leaders” graduate. The graduates cheered one another on, exuding confidence as they one by one stepped forward to claim their certificates and grab a photo with program board members.

Offered by Open Buffalo, an advocacy group that partners with many of the region’s public interest organizations, the grass-roots Emerging Leader program brought together people from many walks of life who might not ordinarily be asked to participate in corporate-sponsored leadership programs.

The participants received three months of training in organizing, advocacy and public engagement through classwork and real world experience – like this fall when participants canvassed the city district that will benefit from a participatory budgeting pilot program.

At the ceremony, Sherman Webb spoke on behalf of his classmates. Like some of the event’s other speakers, he implored his colleagues to turn their attention to the great investment happening in Buffalo and to fight to make certain that the money being spent benefits people from all parts of the city.

“There are opportunities that exist in Buffalo,” Webb said. “There are resources that exist in Buffalo.

However, there are people who look like me and come from where I’m from or have some sort of circumstance that they have to overcome that don’t really have the time or opportunity to have access to these resources that are available to them.”

Equipped with the skills they had developed over the last few months, it was his “Emerging Leader family,” as he calls them, that now have to continue to apply pressure to people in power to

Sherman Webb addresses his classmates in the “Emerging Leaders” program. ensure that the benefits of the Buffalo Billion and other public investments are made available to everyone.

“Now is the time that we continue this work at a higher level,” Webb said. “Now is the time that we share information if we have it. Now is the time to ask for help if you need it, offer help if you can give it. To be honest with you, now is the time that we ‘open Buffalo.’”

Open Buffalo is just one of many groups watching the way that resources from the state are being distributed at a time when the city is seeing its most significant government investment and attention in a generation.

BUILD of Buffalo, PUSH Buffalo, the Fruit Belt/McCarley Gardens Housing Task Force and the Partnership for the Public Good are just a few of the groups that have been raising questions about the benefits that people in the poorest neighborhoods – whom the groups say have been shut out of economic development initiatives in the city for decades – will reap from the massive state investment.

And as the calls for equitable opportunity have grown in volume lawmakers have started to take notice.

Early this summer a shift in rhetoric from politicians and officials began in which every utterance of the “New Buffalo” or the “Buffalo Renaissance”

was paired with an assurance that all residents would benefit from the image-altering changes happening in the city.

When in early August Gov. Andrew Cuomo visited the massive Riverbend site – where Elon Musk’s SolarCity plans to start building solar panels later this year – he made sure to include a nod to those calling for an equitable distribution of jobs and opportunities.

“We’re going to make this a success,” Cuomo said. “Not just a great success for the few, but a success for the many.” Buffalo Mayor Byron Brown, Erie County Executive Mark Poloncarz and Assemblywoman Crystal Peoples-Stokes, all in attendance, echoed his sentiment.

Still, several developments have cast doubt on those pledges.

In September the Investigative Post reported that the state’s minority hiring goal of 25 percent at the time the land sale was signed had been lowered to 15 percent at the signing of the project labor agreement. It also found that the contractor LPCiminelli was not reaching those goals. State and city officials argued that the original number, highlighted by the governor’s office in a press release, had never been officially agreed to, and that the number in the agreement between the contractor and labor unions was beyond their control.

Brown, who that same day signed

Open Buffalo’s “Opportunity Pledge,” defended the hiring numbers, noting that the company had since met its 15 percent minority hiring goal.

In early October, Erie County Legislator Betty Jean Grant, members of PUSH and BUILD of Buffalo and area clergy gathered outside the construction project to protest.

Political leaders have also started to take concrete steps toward educating and training the workforce. Cuomo has committed $44 million in Buffalo Billion funds to build the Workforce Development Center in the Northland Corridor, a former site of many industrial jobs in one of the city’s now job-starved neighborhoods.

Earlier this month, Assemblyman Sean Ryan announced that he, along with many members of the faith and advocacy communities, would start a program called HIRE Buffalo that aims to hook up employers getting state money with job seekers in the city’s ZIP codes with the highest rates of poverty.

Back at the graduation ceremony, Open Buffalo Executive Director Franchelle Hart stood beaming and laughing, with a slight grip on the forearm of a graduate as they exchanged goodbyes. She said the reason her organization had started the leadership program was to instill in people the skills and confidence needed to stay on politicians and civic leaders making promises like the ones being made now about the city’s economic turnaround.

“I think that today is a piece of it,” Hart said. “That’s what our participants learned, how to take your dream and put it into action.”

Hart’s organization and the 25 people it worked with over the recent months will be watching closely to make certain that the officials put their money where their mouths are and will keep up the pressure, she said.

“We don’t have to accept what their vision of development looks like,” she said. cit yandstateny.com

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THE

YEAR IN REVIEW

CONTENTS 16 A timeline of New York politics in 2015

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18 Skelos’ downfall, and the impact on the state Senate

20 Why 2015 was the year of Preet

By Nick Powell

22 Editorial Director

Michael Gareth Johnson picks City & State’s best stories in 2015

24 Creative Director

Guillaume Federighi’s favorite covers of the year

26 Opinion Editor

Nick Powell selects his favorite op-eds from 2015

15

city & state — December 21, 2015

I

n New York, politics is often described with a certain cynical weariness as “business as usual.”

But 2015 was an exception. Preet Bharara, the U.S. attorney in the Southern District, shook up Albany by bringing down former Assembly Speaker Sheldon Silver and former state Senate Majority Leader Dean Skelos, who started the year as two of the most powerful politicians in the state.

In the wake of Bharara’s successful prosecution of the two men on felony corruption charges, City & State has dubbed 2015 “The Year of Preet.” In an in-depth feature, Opinion Editor Nick Powell delves into the ramifications of Bharara’s crusade to clean up state government.

In this retrospective of 2015, we also recap every key political development over the past 12 months, from the death of former Gov. Mario Cuomo, to the feud between Gov. Andrew Cuomo and New York City Mayor Bill de Blasio, to the downfall of Silver and Skelos.

And don’t miss out on our selection of the best stories, commentaries and cover art that City & State brought to you in 2015.

THE YEAR IN REVIEW

LOOKING BACK While 2015 may very well be remembered for the indictments and convictions of the state Senate majority leader and speaker of the Assembly, there was a fair bit of punishment doled out to other New York legislators as well. Those convictions, along with a logjam in the state Legislature, criminal justice issues, and the deaths and resignations of some of New York’s most high-profile political figures were the highlights of 2015.

-JU

Early April - Former U.S. Secretary of State and Sen. Hillary Clinton enters the 2016 Democratic primary for president of the United States and signs a high-profile lease for her campaign headquarters in Downtown Brooklyn.

MAY May 4 - Senate Majority Leader Dean Skelos and his son, Adam, are arrested on federal corruption charges. Skelos resigns as majority leader on May 11.

May 5 - Staten Island District Attorney Dan Donovan wins a special election to replace convicted felon Michael Grimm as a member of the House of Representatives.

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city & state — December 21, 2015

JANUARY January 1 - Former New York Gov. Mario Cuomo dies at the age of 82.

January 21 - Gov. Andrew Cuomo delivers a joint State of the State and budget address.

January 22 - Assembly Speaker Sheldon Silver is arrested on federal corruption charges. He resigns as speaker on Feb. 2.

FEBRUARY February 3 - Carl Heastie is elected speaker of the state Assembly.

February 3 - In his State of the City address, New York City Mayor Bill de Blasio calls for 11,000 affordable housing units over Sunnyside Rail Yard in Queens. The plan is immediately rejected by Cuomo. De Blasio also

calls for the power to set the minimum wage in New York City at $15 an hour.

Cuomo calls the plan unrealistic.

February 3 - A Metro-North Railroad train crashes in Westchester County after colliding with an SUV, killing seven people, making it the deadliest crash in the railroad’s history.

February 5 - State Sen. Malcolm Smith is convicted in federal court of corruption charges, including bribery and extortion. He automatically forfeits his Senate seat. He is later sentenced to seven years in prison.

APRIL

June 25 - After a one-week extension of the legislative session, the state Legislature passes a “Big Ugly” omnibus bill, which includes extensions to rent regulations, a deal

May 7 - Assemblyman William Scarborough resigns after he pleads guilty on state corruption charges.

May 11 - State Sen. John Flanagan is elected majority leader of the state Senate.

May 28 - Former New York Gov. George Pataki becomes the eighth candidate to join the 2016 Republican primary for president of the United States.

JUNE June 6 - Kalief Browder, a 22-year-old African-American New Yorker who was arrested at the age of 16 on robbery charges and detained pending trial for three years at Rikers Island, hangs himself, bringing even more pressure and calls for reform of the New York City jail system.

June 16 - New York businessman Donald Trump enters the 2016 Republican primary for president of the United States.

June 22 - De Blasio reaches a budget deal with the New York City Council that includes money for hiring 1,300 police officers, 300 more than the City Council had asked for.

on temporarily extending the 421-a subsidy, a one-year extension of mayoral control for New York City schools, $1.3 billion in property tax rebates, and several other measures.

Criminal justice and state ethics reforms however, are left out.

June 29 - The New York City Rent Guidelines Board votes for the first time in its history to freeze rents on one-year lease renewals for the more than 1 million rent-stabilized apartments in the city.

June 29 - De Blasio signs the Fair Chance Act, which prohibits hiring discrimination based on a person’s arrest record or criminal conviction.

June 30 - De Blasio slams Cuomo for “lack of leadership,” opening up to the public a political feud that lasted throughout the rest of 2015.

JULY July 8 - Cuomo signs an executive order making Attorney General Eric Schneiderman the special prosecutor for all cases statewide in which an

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increase in the minimum wage for fast food workers to $15 an hour.

July 24 - State Sen. John Sampson is convicted of obstructing justice and making false statements, both felonies. He automatically forfeits his Senate seat.

AUGUST August 13 - The New York City Council passes legislation to curb future outbreaks of Legionnaires’ disease amid the second of three outbreaks in the Bronx this year.

August 13 - The state Education Department appoints former New York City Schools Chancellor Dennis Wolcott to monitor the East Ramapo school district in Rockland County.

The district’s controversial board is cit yandstateny.com

OCTOBER October 22 - Cuomo expands state anti-discrimination statutes to include transgender persons.

August 20 - De Blasio does not appeal a court decision on the Willets Point redevelopment project, arguing that he wants to renegotiate the terms of the deal. The decision puts the future development of the beleaguered neighborhood in jeopardy.

August 20 - De Blasio proposes tearing up Times Square pedestrian plazas as the “desnudas” performer controversy reaches its peak. He quickly backs away from the idea amid outside pressure.

SEPTEMBER September 13 - The 34th StreetHudson Yards subway station opens, becoming the first station added to the New York City subway system since 1989.

November 3 - While no major offices are on the ballot, statewide elections do see new members join the state Senate (Roxanne Persaud and Fred Akshar), Assembly (Alicia Hyndman, Pamela Harris and Pamela Hunter) and New York City Council (Barry Grodenchik).

November 9 - Disgraced former Assemblyman and Brooklyn Democratic Party Chairman Vito Lopez dies.

November 17 - Skelos’ corruption trial begins.

November 30 - Silver is found guilty on all counts, and now faces up to 20 years in prison.

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DECEMBER December 1 - Westchester County District Attorney Janet DiFiore is nominated to replace Jonathan Lippman as chief judge of the state Court of Appeals.

December 10 - The Finger Lakes region, Southern Tier and Central New York each win $500 million from the Upstate Revitalization Initiative, colloquially known as the “upstate Hunger Games.”

December 11 - Skelos and his son are found guilty on all counts.

October 26 - Merryl Tisch, the chancellor of the state Board of Regents, announces that she will step down from her position and leave the board at the end of her term in March.

October 30 - De Blasio endorses Hillary Clinton for president. De Blasio, who ran Clinton’s campaign for Senate, delayed his decision for nearly six months over concerns that Clinton had not demonstrated her liberal credentials and plans for the presidency. The liberal advocacy group de Blasio founded later cancels a forum in Iowa on income inequality that was slated for Nov. 10.

Turn the page for more on the Skelos conviction.

city & state — December 21, 2015

July 22 - State Sen. Thomas Libous is found guilty of a felony charge of lying to FBI agents who were examining his son’s hiring at a politically connected law firm. He automatically forfeits his Senate seat.

July 22 - The de Blasio administration backs away from its fight with e-hail company Uber, agreeing to drop its plan to cap the number of vehicles Uber operates in New York City.

July 22 - A minimum wage board convened by Cuomo recommends an

controlled by Orthodox Jews who often send their children to private schools. Less than two months later, district Superintendent Joel Klein announces he will resign.

September 18 - News emerges that the office of U.S. Attorney for the Southern District of New York Preet Bharara is investigating the “Buffalo Billion” redevelopment initiative that has been heavily touted by Cuomo.

September 30 - The New York City Council unanimously approves three bills that will make it easier to punish business owners who sell synthetic marijuana, commonly known as K2.

THE YEAR IN REVIEW

NOVEMBER November 3 - Silver’s corruption trial begins.

officer is responsible for a civilian’s death, making New York the first state in the nation to do so.

July 17 - Former Republican Rep. Michael Grimm is sentenced to eight months in prison for his federal tax fraud conviction.

THE YEAR IN REVIEW

FATHER OF THE

YEAR DEAN AND ADAM SKELOS

18

CONVICTED ON ALL COUNTS

city & state — December 21, 2015

Skelos is only the most recent high-profile Albany figure busted for corruption. For a Q&A with Museum of Political Corruption founder Bruce Roter, turn to Page 38.à

ARMAN DZIDZOVIC

Dec. 11 was reckoning day for former Senate Majority Leader Dean Skelos. A jury convicted him and his son, Adam Skelos, of conspiracy and extortion, finding the two guilty of running a scheme in which the Dean Skelos used his position of power to convince several companies to give money and arrange for a no-show job for his son. The two now face decades in prison when sentenced next year.

Moments after the verdict was announced, U.S. Attorney Preet Bharara tweeted out, “How many prosecutions will it take before Albany gives the people of New York the honest government they deserve?” It was like a final page in the prosecutor’s latest book, ending with a cliffhanger that sets the stage for a sequel.

Dean and Adam Skelos leave the courthouse after their conviction this month in Manhattan.

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By MICHAEL GARETH JOHNSON

Conference. They have had a working relationship with the GOP for the last year after they lost shared control of the chamber, which they held from January 2013 until December 2014. But now, there may be an opening for them to assert themselves more prominently and have a bigger say in what happens in budget negotiations. We should note that former state Sen. Tom Libous missed a lot of time last year because of his health, so the chamber may function much like it did last year. But if the GOP cannot retain Skelos’ seat, the IDC could continue to play a bigger role in negotiating legislation during the end-of-session rush as well.

THE YEAR IN REVIEW

CONVICTION CREATES LOGISTICAL PROBLEMS

conference since he was elected in 2012.

But Felder has made it clear that he will do what is necessary to get the best deals for his district, so if they consistently rely on him to be their 32nd vote they may run into problems on more controversial legislation. Even if Felder votes with the conference 100 percent of the time, the GOP would still need to physically get all of their members in the chamber in order to pass any legislation – which can be a difficult task logistically. It means no one can be sick for a day, or take off to spend time with their family if an emergency arises.

This could create an opening for the five-member Independent Democratic

Balance of power in the state Senate As the jury read out the words “guilty” in the trial of former state Senate Majority Leader Dean Skelos, workers at the state Capitol quickly removed him from the chamber’s website and stripped his name from his old office.

As a convicted felon, he immediately vacates his seat. And that poses a challenge for the Republican majority.

Thirty-two votes are needed to get legislation passed in the state Senate.

With Skelos’ seat vacant, there are now

31 Republican senators, one shy of an outright majority. A special election to fill that seat is almost certainly not going to happen until after the budget is due on April 1. This means the GOP will have to strike up a coalition with others in the chamber to get legislation passed.

Luckily, they already have a Democrat caucusing with them – Simcha Felder, an Orthodox Jew representing parts of Brooklyn who has been a member of the Republican

Current Landscape

REPUBLICANS - 31 VACANT - 1 SIMCHA FELDER - 1 INDEPENDENT DEMOCRATIC CONFERENCE - 5 DEMOCRATS - 25

19

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city & state — December 21, 2015

Urban Social Identity

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THE YEAR IN REVIEW

20

2015: BROUGHT TO YOU BY PREET BHARARA

city & state — December 21, 2015

By NICK POWELL

November 30 and December 11, 2015, will be remembered as the days when U.S. Attorney Preet Bharara’s record officially caught up to his reputation as an anti-corruption crusader in the most notorious state Capitol in the United States.

With the respective public corruption convictions of Sheldon Silver, the former Democratic Assembly speaker, and Dean Skelos, the ex-Senate Republican majority leader, Bharara has picked off two of the most powerful elected officials in the state – veritable institutions of their parties, legislative gatekeepers and now symbols of Albany’s culture of cronyism.

For a prosecutor who has staked his legacy on public integrity cases,

Bharara has outdone his headlinehappy predecessors in the Southern District, proving with each conviction that he has the appetite to pursue systemic changes in Albany that have, thus far, proved elusive on the legislative stage.

The Silver and Skelos convictions could become watershed moments for ending corruption if they intensify the drumbeat for real ethics reform in the state Capitol. But even with Bharara’s bulletproof successes and the rampant speculation about his future ambitions, it’s important to remember that public integrity and democracy in New York should not rest in the hands of a prosecutor.

Before Silver’s arrest in January on corruption charges, New York

political circles were already abuzz about Bharara and his office’s record of nailing legislative scalps. His conviction record reads like a roll call vote: former state Sens. Vincent Leibell, Hiram Monserrate, Carl Kruger and Malcolm Smith, as well as ex-City Council members Dan Halloran and Larry Seabrook – legislators who, in hindsight, might be characterized as low-hanging fruit for a prosecutor prioritizing public corruption.

The Silver and Skelos convictions were different. Here we have two of the three former “men in a room” (Gov. Andrew Cuomo being the third) facing decades in prison for using their office to line their own pockets, and, in Skelos’ case, the

pockets of his son, Adam.

Convincing a jury of quid pro quo beyond a reasonable doubt is no easy task, even for the most savvy of prosecutors. Just ask Bharara’s colleague Richard Hartunian, U.S. attorney in the Northern District.

In 2009, a jury found Joe Bruno, Skelos’ predecessor as Senate majority leader, guilty on “honest services” charges brought by Hartunian, only to see the U.S. Supreme Court narrow the application of that law to cases involving bribes and kickbacks, vacating Bruno’s conviction. When Hartunian subsequently indicted Bruno on bribery charges – with no new evidence – he found the jury significantly more difficult to convince.

Bruno would be acquitted on all counts cit yandstateny.com

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“ Bharara has managed to boost his public profile with each conviction while carefully cultivating the image of a white knight who stands above the fray. “ cases is not an obvious crowd-pleaser.

A Dec. 14 Siena poll found that 52 percent of New York state voters did not follow the Silver or Skelos cases closely or at all. That same poll showed that nearly 90 percent of voters are somewhat or very concerned about corruption in the state Capitol, but that’s hardly a change from the past.

“The question is, does corruption give you more energy in a run for higher office or a higher profile than going after Wall Street or Mafia? I’m not so sure it does,” said one veteran Albany insider. “People care more about crime and money than they do about nabbing politicians. They see politicians as easy pickings, not very dangerous.”

It’s a difficult balancing act

for a prosecutor to use corruption convictions, even subtly, to advocate for ethics reform, and frankly, that’s not Bharara’s job. He has done his part by shining a spotlight on the backroom in Albany, and used various media platforms to nudge elected officials and the public at large to weigh in.

But in the same way that terrorist attacks around the world improve the campaign prospects of fear-mongering presidential candidates like Donald Trump and Ted Cruz, continued inertia from Cuomo and the Legislature on ethics reform could give Bharara an excuse to attack corruption from a higher platform – whether as governor or even the next U.S. attorney general.

Moreover, the degree to which Bharara persists in pursuing corruption – and, as an Obama appointee, it remains to be seen whether he will continue in his role should the Democrats lose the White House in 2016 – can create an opportunity for a transformative moment leading up to the state’s Constitutional Convention in November 2017. Among the topics good-government advocates hope to entertain during the convention will be whether the Legislature should be changed from a part-time job to a fulltime job. That question was central to both the Silver and Skelos cases, in which nebulous relationships outside of their public office led to explicit instances of quid pro quo.

Regardless of what happens in the future, Bharara has fundamentally altered not only the scope and priorities of the U.S. attorney’s office, but the political conversation in the state Capitol. For the first time as governor, Cuomo will not be joined on the dais at the January State of the State address

by Silver and Skelos, his former partners in power. The governor should acknowledge that symbolism in a meaningful way by devoting some of his legislative agenda to ethics reform, along with priorities such as raising the minimum wage and addressing the state’s homelessness crisis. It would be shockingly tone-deaf for a politician as skilled as Cuomo not to put his finger in the air and notice that the winds are moving in the direction of greater public accountability.

And for that, he can begrudgingly thank Preet Bharara.

Nick Powell is City & State’s opinion editor. Email him at NPowell@ cityandstateny.com or follow him on Twitter: @nickpowellbkny

THE YEAR IN REVIEW

more strict limits on outside income.

It is much harder to disguise a bribe or kickback as a referral if you don’t have the ability to have the same kind of outside income.”

These jabs are Bharara’s version of the “perp walk.” As U.S. attorney, Giuliani made a habit of parading handcuffed suspects in front of the media to boost whatever case he was trying, which has since become a typical tactic in many prosecutors’ tool belts. But whereas the perp walk served as free publicity for Giuliani, who harbored obvious mayoral ambitions, Bharara has managed to boost his public profile with each conviction while carefully cultivating the image of a white knight who stands above the fray.

Unlike prosecution of whitecollar or organized crime, Bharara’s relentless pursuit of public corruption

21

city & state — December 21, 2015

in May 2014.

When it came to Silver and Skelos, Bharara and his prosecutors built the cases that Hartunian never could, with his media savvy serving as a nifty supplemental tool. Bharara has long toed the line of self-promotion, a quality that helped previous Southern District U.S. attorneys like Robert Morgenthau and Rudy Giuliani run for higher office. He is cautious but calculating with the press – publicly modest and quick to deflect credit to his staff, but with a politician’s gift for sharp rhetoric.

However, Bharara’s silver tongue has, at times, shown signs of tarnishing.

He drew a rebuke from a district court judge during his post-Silver indictment media run for straying “so close to the

edge of the rules” governing comments that could prejudice a jury. In a more recent interview on “The Brian Lehrer Show” after the Silver and Skelos convictions, Bharara bristled when the host suggested that some critics say he talks out of turn when harping on the need for systemic reform in Albany. “(Public corruption) is not a wholly different area of prosecution and it makes no sense to me, except that people have personal agendas and don’t like it because they don’t like people sniffing around when there’s bad conduct and when there’s smoke and fishy behavior,” Bharara said. “The idea that the United States attorney would not speak generally about root causes and ways to deter public corruption is nonsensical.”

Criticism aside, Bharara has used his bully pulpit to great effect – forcing legislators to think twice about misusing their public office for personal gain. The fact that the Legislature was hesitant to do anything bold on the 421-a tax credit or rent regulations last session was as clear a signal as any that Skelos and Silver’s real estate ties – the extent of which was revealed in their respective indictments – had lawmakers running scared.

Bharara has also done more than any lawmaker in moving the needle on the ethics reform conversation in Albany without coming off as flagrantly self-serving.

Consider that Bharara has not shied away from highlighting two reform pillars that have historically been anathema to the executive chamber and the Legislature: term limits and limiting outside income. Whereas Cuomo has thrown up his hands and largely punted on major ethics reform – “I don’t care how strong the law is,” he said recently, “if a person is going to break the law, the person is going to break the law” – Bharara has very effectively wielded the Silver and Skelos convictions as a cudgel.

Here’s what Bharara had to say about term limits, via “The Brian Lehrer Show”: “It shouldn’t surprise people to learn that when people have power for a very long time that is unopposed and people can’t blow the whistle on the leaders without fear of really serious retribution and maybe even sidelining, that corruption can flourish.”

And from the same interview, Bharara on limiting outside income: “There’s something to be said for the fact that it’s a little bit harder to get away with bribery, a little harder to get away with extortion if there are

THE YEAR IN REVIEW

THE BEST OF

CITY & STATE IN 2015

By MICHAEL GARETH JOHNSON

While corruption arrests and cultural change in Albany may have dominated the headlines this year, our editorial team covered several other groundbreaking stories. Here’s a look at some of the best from City & State in 2015.

Remembering Mario Cuomo

22

The year started with a somber note.

On Jan. 1, former New York Gov. Mario Cuomo died at the age of 82. The charismatic and humble Democrat was governor for 12 years, from 1983 to 1994, and in that time he left a lasting impact on the state. In our special tribute issue, we heard from the people whose lives were forever changed by Mario Cuomo – the close aides and colleagues who worked for him, his political rivals and the journalists who sparred with him.

New York City’s property tax code

city & state — December 21, 2015

March 9

You would think that a story trying to explain New York City’s property tax code would be straightforward, possibly even boring. Well, if the tax code was fair and efficient, that would be the case. But in New York City the system is not fair, efficient, or even sensical. That’s why houses of similar size and value five blocks apart have property tax payments that vary by thousands of dollars. Our Jon Lentz wrote the story, and City Council Speaker Melissa Mark-Viverito waived the magazine around on the floor of the chamber to decry the unjust system. Yet there still hasn’t been any action taken on the measure, which requires the state Legislature to enact reforms.

Cuomo goes to Cuba April 13

The diplomatic re-establishment of ties to the island nation of Cuba, just 90 miles south of the United States, was a big national story in late 2014 and into 2015, and Gov. Andrew Cuomo was not going to miss the opportunity to travel to the country and investigate potential economic ties. The reality of this endeavor appears to be much more complex than the simple narrative, though, as our Jon Lentz found out by talking to people on the streets of Havana ahead of Cuomo’s hyped-up mission. cit yandstateny.com

JULIET KAYE / JON AND ANNIE LENTZ / JAVIER MUÑOZ / ADI TALWAR / NANCY PARISI / MICHAEL GARETH JOHNSON

January 20

September 28

We published this story before the anti-refugee fervor had taken hold in the state and country.

Our goal in writing this piece wasn’t to address the larger issues involving immigration and refugee integration. We just wanted to explore New York’s system for educating the thousands of refugees who are already here – including Buffalo teenager Henreh Too. Through Henreh’s experiences, the piece details some of the gaps in what is clearly a well-intentioned and generally well-run system while also exploring how potential school closures and other restrictions could disrupt the path to success for refugees.

THE YEAR IN REVIEW

Education in exile

The terrible twos September 21

This was one of our more colorful covers – literally. The accompanying story was (and still is) a great primer for the upcoming legislative session. Assembly Speaker Carl Heastie and state Senate Majority Leader John Flanagan are heading into their second year as legislative leaders, still out to prove that their members made the correct pick. They are also heading into the year together, and might still be able to find enough common ground to support each other in the “three men in a room” talks with Gov. Andrew Cuomo. When discussing the corruption and culture in Albany it is easy to forget that things as small as the personalities of the leadership can make a huge difference.

23 El camino a Somos November 4

Is Rikers Island beyond saving?

November 25

In partnership with City Limits, we launched a special series exploring the idea of closing Rikers Island. The correctional facility is not likely to close anytime soon, but there has been a drumbeat of calls for the city to move past the antiquated system of housing inmates on an island. We looked at the facility’s history, the reforms underway, and some of the logistical nightmares that would come with closing the jail, with a goal of sparking a debate over how to better house those in the criminal justice system. cit yandstateny.com

The borough series

This was a City & State first this year. We did special issues focusing on all five boroughs, starting with Queens and moving to the Bronx, Brooklyn, Manhattan and ending up in Staten Island. Each magazine had its own flavor and look, while also tackling some of the issues most important to each borough.

city & state — December 21, 2015

For the second year in a row, we did a special issue ahead of the Somos el Futuro conference in San Juan, Puerto Rico, covering the stories impacting the island and the diaspora back in New York, including insights from columnists and elected officials. The big theme was the island’s overwhelming debt – which is sure to dominate talk well into 2016.

THE YEAR IN REVIEW

CITY & STATEMENTS OUR FAVORITE COVERS

They say you shouldn’t judge a magazine by its cover, but we know a good cover can draw readers to the content inside. Here at City & State, Creative Director Guillaume Federighi is responsible for everything our readers see when they pick up a copy. City & State’s Jeff Coltin spoke to Guillaume about some of his favorite covers this past year, and why he loved them.

August 31, 2015

November 16, 2015

February 9, 2015

CIT YANDSTATENY.COM

@CIT YANDSTATENY

CIT YANDSTATENY.COM

CIT YANDSTATENY.COM

February 9

24

November 16

“Sheldon Silver had just been arrested. The idea came really quickly when we were brainstorming. Let’s make him small, walking out of the cover with a big shadow to represent his long career. Wordless, because the image is impactful enough, so we don’t have to explain what it means.”

@CIT YANDSTATENY

@CIT YANDSTATENY

“For the Manhattan issue, we wanted to do a cross-section of the borough’s underground infrastructure, but we had a really hard time coming by enough data for it to be accurate, so we killed the idea and went with something else. But with the infrastructure spotlight issue, I reworked the idea to get something more fun out of it. We wanted to add a little bit of humor into it, so we added the dinosaur skeleton. I don’t think we’ve ever found any dinosaurs in New York, but everything doesn’t have to be totally accurate. It’s abstract. It’s a cover.”

August 31

“We usually do something very close to reality for our labor spotlight issues. We show some welders, or scaffolders – I wanted to get away from that and celebrate Labor Day. So I thought the idea of this guy running to the beach to get a little swim was a good way to celebrate.”

SPOTLIGHT: MEDICAL MARIJUANA

November 25, 2015

SPOTLIGHT MEDICAL MARIJUANA

I

t

took

nearly

two

decades

of

proposed

bills

and

efforts

from

advocates to push through the Compassionate Care Act in New York.

Following its passage in March there has been a rush of activity

related

to

the

implementation

of

the

law.

Most of it has surrounded the 43 businesses seeking to cultivate and distribute the new drug. In coming weeks, the state Health Department will

pick

the

marijuana awarded, is

the

in many

narrow

prescribed.

five

winners

various

of

law

to

receive

non-smoking

concerns list

The

intentionally

about

the

illnesses

is

written

one so

of

that

licenses

forms. law

for the

Even

will

which most

only

to

distribute

after

remain.

those

Chief

marijuana

medical

bids

among

products

restrictive

those

suffering

in

the

from

are them

can

be

nation,

the

most

severe illnesses are allowed access to the drug. This also will have a

dramatic

which

may

impact

find

the

on

the

market

businesses bare

because

seeking of

the

licenses strict

in

the

state,

regulation.

In this special section we examine these issues and hear from some of

28

the

lawmakers

marijuana

a

who

have

reality

in

invested New

political

capital

in

making

medical

York.

CONTENTS: 30

31

Lawmakers, advocates fight to get PTSD covered under the law

By Ashley Hupfl

Companies are spending millions competing for an uncertain market

By Justin Sondel

37 Lawmakers seek to change federal law to end legal gray area for states

By Wilder Fleming

CIT YANDSTATENY.COM

@CIT YANDSTATENY

city & state — July May17, 18,2015 2015

CIT YANDSTATENY.COM

April 13

July 17

RYAN SOMERS

city & state — December 21, 2015

cit yandstateny.com

“Medical marijuana was legalized, but you can’t smoke it, you can only take it as pills. … I started to illustrate a cannabis leaf made out of pills. When I showed it to Publisher Andrew Holt, it looked like pixel art already, and the president of Nintendo had died the same week. So we were like, why don’t we do something really psychedelic? Let’s create a Mario world with the cover. Creating a cover is a process. First the idea, then I talk to someone and we improve the idea. Two brains are better than one. It’s organic.”

“This was right before the governor took his trip to Cuba. It’s one of the few covers where we actually show a politician, but with a twist. … It was just the right tone, totally representing what we were trying to do and express.”

@CIT YANDSTATENY

November 25

“For the Rikers Island issue, at first I wanted to have a photographer go there and shoot the jail, but for some legal reasons it was really hard to make that happen. So we tried different directions, but then Editorial Director Michael Johnson talked about the fact that the cover story called Rikers a ‘diseased’ place. Then I realized Rikers already looks like a cell! I think the tone was right on that one.” cit yandstateny.com

“They’re the fun ones to make. It’s a way larger concept. It’s about a borough, so I can go super large brainstorming ideas and directions for those.”

THE YEAR IN REVIEW

THE BOROUGH ISSUES

July 28, 2015

Brooklyn

CIT YANDSTATENY.COM

“I have a friend who has a drone. So I hired him and we went all over the borough to catch aerial shots. That was very fun. The cover focused on one of the nicest areas of the borough, over the Brooklyn Museum and Grand Army Plaza. And then overhead we showed the Marcy Projects. They are opposites, from the nicest area to one that’s been left behind.”

@CIT YANDSTATENY

25

Manhattan

May 13, 2015

The Bronx

CIT YANDSTATENY.COM

@CIT YANDSTATENY

“The Bronx cover was a comparison between what the Bronx is today and what it was. The Bronx has had a bad reputation in the past, so the artistic direction suggests that the Bronx is moving forward and is open to new development.”

Queens

“I kind of struggled with this one at first because I don’t know much about Queens. I wanted something very iconic, something people can relate to, so I chose the Mets. I had the jacket made, I had someone patch it, and throughout the magazine we used a model wearing the jacket to tell a story.” cit yandstateny.com

Staten Island

CIT YANDSTATENY.COM

@CIT YANDSTATENY

“I didn’t want to go with any clichés. I know other publications have gone with the WuTang theme when they cover the borough.

I imagined Staten Island being a dreamy, sunny destination, playing on the ‘island’ idea, so I turned the ferry into a kind of a cruise.”

city & state — December 21, 2015

November 18, 2015

“The original idea was to do a page inside the magazine referencing ‘The Muppets Take Manhattan.’ I always like to do a theme through the whole issue, so I thought, why don’t we do a Muppets issue? Let’s create Muppets out of our politicians. They looked very realistic, like real puppets, but they were actually 3-D illustrations. I wanted a real Muppet designer to do make them, but he would’ve taken six months. The politicians were in love with them. I think Gale Brewer took a poster for her office.”

THE 5 BEST OP-EDS OF 2015

By NICK POWELL

With so many terrific City & State op-eds and columns over the past 12 months, choosing my personal top five was no easy task. We are blessed with terrific columnists, all of whom have various areas of expertise, so with that in mind I tried to pinpoint the five op-eds that hit on some of the biggest stories of the year, but also provided the sort of out-of-the-box perspective we specialize in.

RYAN SOMERS / NAGEL PHOTOGRAPHY / JUDY SANDERS FOR THE OFFICE OF THE GOVERNOR / DOV HIKIND

THE YEAR IN REVIEW

OUR SLANT

26

city & state — December 21, 2015

AFFORDABLE FOR WHOM: HOW ROBUST IS DE BLASIO’S HOUSING PLAN?

By Nicole Gelinas, February 24

Nicole Gelinas’ expertise on infrastructure is invaluable, and she has a contrarian streak that always provides an illuminating perspective. In this column, Nicole parses Mayor Bill de Blasio’s housing plan, framing the city’s housing shortage as a crisis of space rather than affordability. Nicole argues that the mayor’s goal of 200,000 units of new or preserved affordable housing is unsustainable, and that the demographics the mayor is targeting would not necessarily include the poorest New Yorkers, who truly need the help. She notes that only 20 percent of the mayor’s new affordable housing will go to people making less than $41,950 for a family of four. The latter point has been raised frequently, as opposition to the mayor’s housing plan has grown from a whisper to a scream among advocates, community boards and even certain public officials.

cit yandstateny.com

THE YEAR IN REVIEW THE DEATH OF ORDINARY POLITICS

By Michael Benjamin, June 16

In the wake of the Sheldon Silver and Dean Skelos indictments on corruption charges, Michael Benjamin captures the prevailing sentiment of the New York electorate – frustration, bewilderment, resignation. The fact that these emotions were conveyed by a voice with firsthand knowledge of the inner workings of the state Capitol (Michael is a former assemblyman), gives this piece extra weight. Michael was prescient in decrying the “business as usual” culture of bribes and kickbacks – a defense that, months later, would be made by both Silver and Skelos’ attorneys during their respective trials. The context Michael provides on the “honest grafts” of Tammany Hall’s past is further proof of the long-ignominious history of malfeasance in New York politics.

SILVER’S CAREER A TAPESTRY OF CORRUPTION

By Wayne Barrett, December 2

Few reporters can match the breadth of Wayne Barrett’s political knowledge, and he certainly flexes those muscles in this piece. In the wake of Sheldon Silver’s conviction on bribery charges, Wayne expertly weaves together some contextual history on the depth of corruption that dogged Silver long before Preet Bharara built a case to bring him down. The parallel Wayne draws between “son of corruption” Silver and his successor Carl Heastie provides an ominous kicker – Silver’s downfall does not guarantee a similar culture of cronyism won’t flourish again.

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THE IRAN DEAL AND THE JEWISH SILENT MAJORITY Nick Jahr, a freelance researcher with extensive knowledge of Middle East politics, wrote this column in the wake of the nuclear accord with Iran. He analyzed the vociferous opposition from Brooklyn’s Orthodox Jewish community, among other factions, and defended U.S. Rep. Jerrold Nadler in particular, who came out in favor of the deal. Jahr takes certain politicians to task for their fear-mongering and hyperbolic rhetoric against anyone in favor of the accord, and accurately notes that despite the cacophony of complaints coming from pro-Israel groups like AIPAC and ZOA, most Jewish Americans solidly support President Barack Obama. Nick drives his point home in the final paragraph with a terrific line warning of the dangers of crying wolf: “Continued accusations of anti-Semitism, the censorious tarring of opposing viewpoints as anti-Israel, will only cripple the credibility of these charges in the future.”

cit yandstateny.com

ANY GOOD HE DID CAN’T EXONERATE VITO LOPEZ

By Alexis Grenell, November 10

At a time when a small handful of Vito Lopez allies and defenders attempted to rewrite his legacy as a dedicated public servant, Alexis Grenell’s column served as a reminder that Lopez’s history of sexual harassment of female staffers should not get lost in memoriam. The most poignant point in Alexis’ piece is the connection she draws between the settlement money Lopez paid his sexual harassment victims out of his own pocket – a mere $35,000 – with the remaining $535,000 covered by taxpayers. An ugly truth, indeed.

city & state — December 21, 2015

By Nick Jahr, September 4

SOCIAL RESPONSIBILITY

Spotlight:SOCIAL

RESPONSIBILITY 28

For most of the year, City & State keeps a skeptical eye fixed on New York’s elected officials and strives to hold government accountable.

In this special section, we focus instead on the positive steps that politicians are taking to encourage social responsibility, both in the private sector and within government.

New York City Comptroller Scott Stringer and state Comptroller Thomas DiNapoli share how their offices use the power of the pension funds they oversee to promote better business practices.

Benjamin Lawsky, the recently departed head of the state’s Department of Financial Services, offers his thoughts on accountability on Wall Street.

And other city and state officials weigh in on sustainability, responsive government and community-oriented policing.

city & state — December 21, 2015

So do the socially responsible thing … and read on.

cit yandstateny.com

SOCIAL RESPONSIBILITY

ON THE NEED FOR DIVERSITY IN THE BOARDROOM …

“According to research by Equilar, just 18 percent of board seats at S&P 500 companies were filled by women in 2014. This falls to 14.9 percent when looking at the S&P MidCap 400 and drops further to 11.7 percent when looking at the S&P Small-Cap 600.

This disparity persists despite the growing body of research, by Credit Suisse and others, which demonstrates that companies with female board directors perform better than those with none.

“The lack of gender and racial diversity in corporate boardrooms is why the New York State Common Retirement Fund joined with the Thirty Percent Coalition in 2012 to focus attention on more than 40 S&P 500 companies that did not have women on their boards of directors. Our Common Retirement Fund has led investor coalitions that have persuaded 12 major portfolio companies to diversify in the past few years, including eBay, Urban Outfitters and Monster Beverage in 2015. These companies have already added 11 diverse directors.

“This year, we broke new ground by expanding that request to include sexual orientation and gender identity. Two companies, Monster Beverage and the homebuilder Standard Pacific Corp., agreed, and added sexual orientation and gender identity to the diversity considerations in their board director nominating charters.

“Diversity in the boardroom can improve performance, and at the end of the day our top priority is to provide a good return on investment and a secure retirement for the 1.1 million members of the New York State and Local Retirement System.

Corporations that put our returns at risk are going to hear from us.”

Senator Jeff Klein

THOMAS P. DINAPOLI

State Comptroller

29

Counsel to the Governor

Reach elected officials Educate NY’s most engaged leaders Raise awareness and shape legislation

For advertising information, please contact Andrew Holt at 212.894.5422 or AHolt@CityandStateNY.com cit yandstateny.com

city & state — December 21, 2015

ALPHONSO DAVID

ADVERTISE WITH CITY & STATE TO:

Andrea Stewart Cousins

ON PAST WAGE HIKES IN NEW YORK ...

“Gov. Andrew Cuomo has consistently fought to raise the minimum wage. We have taken important steps forward since he took office, and he is rightly pushing for legislation to raise the minimum wage to have New York state stand as the first state in the nation to establish an all-industry $15 an hour minimum wage. When the governor took office five years ago, the minimum wage was $7.25. In 2013, the governor signed legislation that raised the minimum wage, and because of that legislation the state’s minimum wage will increase to $9 an hour at the end of this month. These are important steps forward for New York, certainly, and it’s an important and positive difference to the lives of many of the workers that live in this state. But despite that progress, there is still a lot of work that we still have yet to do.”

Commissioner Loree Sutton, Mayor’s Office of Veteran’s Affairs

Commisioner Ken Adams

ON RAISING THE MINIMUM WAGE FOR ALL WORKERS IN NEW YORK ...

“The truth is, it’s not simply a matter of esoteric public policy. The minimum wage is at the root of opportunity for millions of people, and it can mean the difference between supporting one’s family or living on the streets. It’s as simple as that. The simple truth is that despite important progress in recent years, the minimum wage, in both New York state and across the nation, is insufficient, and it must be raised.”

SOCIAL RESPONSIBILITY

CLEANER CORPORATIONS

DINAPOLI SAYS TRANSPARENT, GREEN COMPANIES ‘REDUCE RISK’

By ASHLEY HUPFL The New York State Common Retirement Fund is promoting social responsibility by investing with companies that encourage green energy and greater transparency on political spending, said state Comptroller Thomas DiNapoli, whose office oversees the fund.

“We are very engaged investors and seek dialogue with companies in which we own shares to improve their performance on a range of environmental, social and governance issues (ESG),” DiNapoli said in a statement. “It is my firm belief that when companies take ESG issues into consideration, they reduce risk to their bottom line and can improve long-term

30

performance for shareholders.”

From 2010-15, the fund filed 286 shareholder resolutions on ESG issues, and in 119 instances, the companies agreed to meet the state’s ESG requests, the comptroller’s office said. In 2015, the fund filed 48 shareholder resolutions and the state was able to reach agreements on half of those resolutions.

New York has a long history of investing with companies that take steps to lower emissions, prepare for new regulatory requirements or open their business to alternative energies, DiNapoli said.

Recently, the state created a $2 billion low-carbon index that weights investments in publicly held companies based on their emissions. The goal is to reduce or eliminate holdings with highcarbon emitters and increase the state’s stake in lower emitters.

“I was pleased that this year the fund earned the highest grade possible from the Asset Owners Disclosure Project, which focuses on best practices in addressing climate change,” DiNapoli said in a statement. “The fund was ranked first in active ownership and sixth overall among the 500 global investors assessed.”

Since the U.S. Supreme Court

decision in Citizens United v. FEC, investors have limited information on how and where corporate dollars are being spent in politics. Since 2010, New York state has persuaded 27 major corporations to adopt a request for full disclosure of both direct and indirect corporate political spending.

In 2015, DiNapoli’s office filed a request for political spending disclosure with 14 companies and reached an agreement with five: Delta Air Lines, Eastman Chemical, Marathon Oil, U.S. Steel and Valero Energy.

“When companies fail to respond to our requests we may take the next step and file a formal shareholder resolution which is subject to a vote by fellow shareholders,” DiNapoli said.

After the Sandy Hook school shooting in 2012, DiNapoli directed his staff to freeze all investments with companies whose primary business was manufacturing guns and existing shares were subsequently sold.

“As an investor, the New York Common Retirement Fund strives to achieve a double-bottom line in which we make money to strengthen our pension fund but are also able to invest in areas that benefit the larger world,” DiNapoli said.

Corporate social responsibility is an intrinsic part of Dentons' positive and forward-thinking culture—a culture that we believe has always been critical to our success and the success of our clients. At Dentons, our commitment to being in and of our communities is not just a motto—it is a way of life and of doing business.

We would like to congratulate Mike Klein, Principal in our New York Public Policy and Regulation practice, for being recognized on City & State's The Responsible 100 list.

Dentons is a global law firm with one of the nation's largest public policy and regulation practices, with a New York City and Albany-based team—including a former New York State Senator, former legislative and gubernatorial staff, former prosecutors and corporation counsel— deeply entrenched in the community. Providing bipartisan government affairs support and strategic counsel to impact public policy for more than 40 years.

city & state — December 21, 2015

A world of legal and public policy experience at home in New York.

Dentons. Now the world’s largest global elite law firm.* dentons.com © 2015 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal Notices.

*Acritas Global Elite Law Firm Brand Index 2013-2015.

cit yandstateny.com

There is still an accountability gap on Wall Street.

It has been more than seven years since the 2008 financial crash. Yet, in the wake of the worst financial crisis since the Great Depression, we are still dealing with the same type of reckless and often illegal conduct that triggered a massive economic meltdown.

We have continued to see a parade of wrongdoing – from foreclosure fraud to foreign exchange manipulation to tax evasion to money laundering.

Unfortunately, the list goes on.

That raises a vital question: Why are some employees on Wall Street so prone to wrongdoing – especially after misconduct in the financial markets contributed to pushing the economy off the cliff? What exactly are we doing wrong as regulators and prosecutors?

Some evidence may be found in a recent report released this year entitled “The Street, the Bull and the Crisis.” The report’s authors surveyed more than 1,200 financial services professionals in the United States and United Kingdom.

The report’s findings are alarming.

Despite the fines, regulatory reforms and legislative actions that followed the 2008 collapse, the report says “a culture of integrity has failed to take hold” in financial services. Nearly a quarter of those surveyed “believe it is likely that fellow employees have engaged in illegal or unethical activity in order to gain an edge.” Nearly 1 in cit yandstateny.com

While Department of Financial Services does not have authority to bring criminal prosecutions, it has taken a number of actions to expose and penalize misconduct by individual senior executives – including all the way up to the C-suite, when appropriate. For example, DFS required the chief operating officer of France’s largest bank, BNP Paribas, and the chairman of one of the United States’ largest mortgage companies, Ocwen Financial, to step down as part of enforcement actions brought against those companies.

Ultimately, a greater focus on individual accountability is actually good for Wall Street over the long term.

Despite that seemingly dark picture of corporate social responsibility on Wall Street, it is unfair to paint with an overly broad brush. Big financial settlements grab dramatic headlines, but most corporations play by the rules, and most of the people in the financial markets are ethical professionals who work hard to serve their customers.

The question we need to address is how to protect consumers, investors and honest organizations by weeding out bad actors and incentivizing more ethical behavior throughout the world of financial services.

It is important to remember that “Wall Street” – besides being a physical address in lower Manhattan – is a group of thousands and thousands of individual people going about their everyday lives and trying to support their families. And the work they do is vital to New York’s economy.

When you focus more on deterring individuals, we stop sending the message to the world that an entire bank is bad or that the entire financial industry is bad. When bad things happen at banks, it is because some person or persons decided that it was worth it for them to commit a bad act.

Of course, when you are talking about an employee’s reputation, career or even personal liberty, we have to have a very high degree of confidence that we have our facts right, and the action we are taking is just and fair.

But we believe the only serious way to expose – and hopefully deter – bad conduct is for regulators, prosecutors, market actors and our society to insist on a culture where individuals are held accountable.

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Benjamin Lawsky is the former state superintendent of financial services.

This column originally appeared in cityandstateny.com on June 7.

city & state — December 21, 2015

STUART MONK / SHUTTERSTOCK.COM

BENJAMIN LAWSKY

5 people questioned said they believe professionals must sometimes act illegally or unethically to be successful.

More than a quarter disputed the notion that the client’s interests come first.

In other words, there is a far too prevalent view that people on Wall Street need to cheat to get ahead.

What’s worse, if bankers look at a number of the recent financial settlements with big financial institutions, they are likely to believe that even if they get caught cheating they will face little to no personal consequences.

Indeed, we almost always see bank settlements where a corporation writes a big check to the government without any individual Wall Street executives held to account.

Real deterrence of future wrongdoing has to mean more than just “corporate” accountability.

It is a little odd when we say that “a corporation has broken the law” or “a corporation engaged in misconduct.” A corporation is a legal fiction. Corporations are made up of people and when there is wrongdoing at an organization, that wrongdoing is caused by people.

Penalties imposed at the corporate level are an important and necessary tool in a regulator’s enforcement tool belt, especially as it relates to organization-wide failures of oversight or compliance.

But we need to go further.

Regulators – and society as a whole – must insist on individual accountability, not just corporate accountability. We need to find and penalize the individuals within an organization who are responsible for purposefully skirting rules and breaking laws.

Greater individual accountability means that culpable individuals should face real consequences. That may mean suspensions, firings, bonus clawbacks and other types of sanctions. In the most serious cases, bankers should also face the possibility of criminal prosecution and prison.

SOCIAL RESPONSIBILITY

WALL STREET’S ACCOUNTABILITY GAP

SOCIAL RESPONSIBILITY

BUILDING BETTER BOARDROOMS STRINGER SAYS INITIATIVE PROMOTES SOCIAL – AND FISCAL – RESPONSIBILITY AT PRIVATE FIRMS

By SARINA TRANGLE cultivate a more responsive approach to shareholders, thereby curbing the need for proxy-nominated candidates.

His office pointed out that companies beyond the 75 targeted firms – more than 100 – have started embracing proxy access policies.

Meanwhile, researchers at the U.S. Securities and Exchange Commission found that returns grew 0.5 percent at companies that adopted proxy-access measures, underscoring Stringer’s fiscal argument.

city & state — December 21, 2015

32

While elected officials and advocates are quick to call for divesting public pensions from companies like gun manufacturers as a means of promoting social responsibility, New York City Comptroller Scott Stringer said the law limits his office to solely focusing on finances.

The comptroller has, however, launched an initiative that seizes on social issues that could pose a financial risk – like diversity, executive pay and climate change – at firms where the city’s pensions are invested. His Boardroom Accountability Project endeavors to ensure executives have a responsible approach to such concerns by compelling companies to adopt a policy of allowing shareholders to nominate director candidates.

“It is essential that we have the right directors in the room – directors who, collectively, have the diverse skills and experience needed to understand and respond to long-term business risks,” Stringer said in a statement. “With proxy access, we have the ability to say, if a board isn’t nominating diverse,

qualified directors, we will do it ourselves. … We’ve seen corporations put management’s interests before investors’ with sky-high executive compensation. And, as long-term investors, we are concerned about the impact of climate change across our portfolio.”

In November 2014, Stringer’s team approached 75 companies about adopting a resolution to allow shareholders who have at least a 3 percent ownership stake for a minimum of three years to nominate director candidates. So far, 66 companies voted on the resolution, and 43 adopted it. Another seven companies voluntarily adopted a similar policy, and two proposals became moot due to corporate transactions.

The comptroller’s office said the resolution is advisory and not enforceable. Most firms are still phasing in the proxy access provisions, so Stringer’s office said it would be premature to name any shareholdernominated candidates. His staff anticipates that companies will begin to

“My mission is to protect the retirement security of over 715,000 dedicated city workers and retirees, some of whom will still be drawing a pension 50 years from now,” Stringer said in a statement. “The goals of the Boardroom Accountability Project, therefore, are to limit risk to our longterm investment by ensuring that the boards of companies in which we are invested are thinking about the impact of their business practices decades into the future.”

ON WAYS TO INCENTIVIZE RECYCLING AND SUSTAINABLE HABITS IN THE PRIVATE SECTOR ...

“One of the things we did recently is revise our rules – which dated back to the early 1990s – around commercial recycling. Those are going into effect at the end of this month and the beginning of next month. If you’ve ever read our commercial recycling rules you would have no idea what to do because it was like, if you’re this type of building and this company then you should do X, but if you’re in the same building and you’re a different type of company, you should do Y. So one of the things we did was simplify what’s required for commercial establishments, and have it mirror what’s required for residents.

“The second thing that we did was we identified a relatively small group of businesses that we’ve designated as having to source separate organic material. And we’re about to launch a very intensive outreach effort to that particular group. And in addition, really led by the mayor’s office, is a food waste challenge and recycling challenge to businesses that’s about to launch.

“The one other thing that we’re looking at – because we don’t actually have great data on what happens in the commercial sector – is getting more information about how much metal and paper are going through those types of facilities. Because those aren’t currently regulated by the department. We think actually it’s probably quite large, but there’s been a lot of incentives to make sure that you’re separating out metal, in particular, because it’s valuable. The study will help businesses understand how they can also just drive down the overall volume. I don’t think most businesses have a handle on how much they’re even getting rid of.”

KATHRYN GARCIA

Commissioner, New York City Department of Sanitation

cit yandstateny.com

By SARINA TRANGLE

New York City Police Department Commissioner William Bratton urged business leaders to get involved with assisting the homeless and others on the street. While speaking at a corporate responsibility event last week, the commissioner said businesses are critical to preventing a return to the disorder that pervaded the city from the 1970s until the 1990s.

Bratton told close to 200 gathered at CUNY’s Hunter College that police did not focus on stemming disorder in the 1970s and 1980s, and consequently, “literally abandoned the streets to the criminal element.” His adherence to so-called broken windows philosophy – the theory that cracking down on minor infractions prevents larger ones – has been questioned by some officials and criminal justice advocates.

And in such an environment, Bratton said manifestations of disorder have re-emerged with the street homeless population. The commissioner said emotionally disturbed people, those with substance abuse issues and others on the street, deserve a humanitarian approach. And he urged the business community to get behind a series of initiatives to be announced in 2016 that will target this population.

“We continue to deal with manifestations of (disorder) around the issue of the street people,” Bratton said. “That has once again become an cit yandstateny.com

issue similar to the issue we addressed within the ’90s – more difficult to address now than it was back then.

The tools I and my offices get to work with have changed dramatically, and those tools are the law. We are working very aggressively, understanding the limitations of the law, to address this problem on our streets. And we will be announcing a series of new initiatives after the first of the year that will need your support.”

Bratton said police have been working in an “extraordinary” environment since the Sept. 11, 2001, terrorist attacks. But he acknowledged the department has never before been so well-funded, noting the City Council and mayor have recently approved the hiring of “what effectively is 2,000 additional police officers.” And he expressed optimism that businesses would bolster police work.

This embrace of social responsibility rang hollow for some CUNY students, however. About 20 students gathered outside Hunter following the speech said they had just finished protesting CUNY for giving the police commissioner a platform.

Daniel Dunn, who is studying computer science at the Borough of Manhattan Community College, said he and several campus advocacy groups, including CUNY Prison Divest, the Revolutionary Student Coordinating

pupils.

“They really need to consider who they’re serving, and who they need to meet the needs of,” Dunn said of CUNY leadership. “Blacks and Latinos actually go to these two-year schools, these community colleges, but it’s like they’re actually funding their own genocide every day by mass incarceration. ... Look at tuition in itself. … The first freshman class that was black and Latino, they imposed tuition. So we see tuition as something that’s actually a racist implementation.”

CUNY did not immediately respond to a request for comment.

ON HOW NEW YORK CITY HAS PARTNERED WITH THE TECH COMMUNITY TO ADDRESS ITS MOST PRESSING ISSUES ...

“The tech sector is a critical partner for government. Just like public servants, technologists also love a good challenge and thrive on seeing their work have an impact.

“This year, the Mayor’s Office of Technology and Innovation released a call for innovations – an open-ended, problem-based challenge to bring free or low-cost Internet to underserved communities across the five boroughs. Our approach was not to say, ‘This is the technology we need. How much will it cost?’ but rather, ‘Here’s the problem, what are your best ideas to solve it?’ In 11 weeks, the city received 69 proposals from 52 sources. Submissions came from small and large companies, academic institutions, individuals and nonprofits, spanning six countries and a dozen states. Through collaborative models like this, New York City is unlocking new creative and entrepreneurial solutions to better the lives of all New Yorkers.

“We are also all about co-innovating with smaller tech teams and entrepreneurs through tools like NYC BigApps, the largest city-run civic tech competition in the country, in which teams compete to develop apps that address tough challenges facing the city – like this year’s zero-waste and affordable housing challenges.

“Encouraging innovation and crowdsourcing ideas that can improve quality of life is a crucial part of our strategy for using tech for good.

“Traditional collaboration models still carry weight, as well. Take Mayor Bill de Blasio’s Computer Science for All initiative, an ambitious program to offer technology education to all 1.1 million public school students within 10 years. In this instance, collaboration came in the form of critical funding from the AOL Charitable Trust, the Robin Hood Foundation and CSNYC.”

MINERVA TANTOCO

New York City Chief Technology Officer

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city & state — December 21, 2015

ARMAN DZIDZOVIC

Community, New York City Students for Justice in Palestine and Students Without Borders, view NYPD practices as promoting oppression in poor communities of color, citing the death of Eric Garner in Staten Island. More generally, Dunn contended CUNY was not taking a responsible approach to criminal justice concerns because its endowment has invested in the prison system and it had authorized an undercover NYPD operative to survey Muslim students.

CUNY’s general counsel has said the university had no knowledge of any undercover NYPD operations probing

SOCIAL RESPONSIBILITY

BRATTON: BUSINESSES MUST HELP HOMELESS

On Dec. 7, City & State hosted a Public Projects Forum, sponsored by WXY Studio, Armand Corporation and D&B Engineers and Architects, convening regional administrators and local leaders in the tri-state area to discuss the major development projects in the works and critique the current processes governing development for the public good.

SMALL CITY MAYORS AREN’T EXPECTING FEDERAL AND STATE HELP AS THEY LOOK TO GROW

SARAH MCKENZIE

By MICHAEL GARETH JOHNSON

NEW ROCHELLE MAYOR NOAM BRAMSON

city & state — December 21, 2015

34

“Chronic underinvestment in infrastructure creates enormous problems in terms of future economic growth, in terms of quality of life, in terms of property values, and in terms of public safety.”

Those were the words of New Rochelle Mayor Noam Bramson, speaking at City & State’s panel discussion on municipal planning for public projects, where he said that small cities outside of the five boroughs of New York City cannot depend on federal or state dollars when it comes to addressing their needs.

Fort Lee, New Jersey, Mayor Mark Sokolich was also on the panel. The Democrat is perhaps most famous as the person the Bridgegate scheme was meant to punish, because he refused to endorse Gov. Chris Christie’s bid for re-election. But at the forum, he was just another local elected official voicing the many obstacles he faces when trying to redevelop areas of his city.

“When we enter into projects we need to presume that there isn’t help on the horizon,” Sokolich said. “I am

not suggesting that there isn’t help that will ultimately come, but we can’t wait for the funding because, notwithstanding assurances to come, we don’t see it in the future.”

While New Rochelle and Fort Lee have unique communities and different needs, it is clear they take a similar approach toward addressing those needs. It starts with asking (or begging) for federal and state money.

This is a necessity, even if the exercise comes with no promise of reward.

Both mayors say one way to make a better case for government funding is to leverage it with private investment.

Bramson and Sokolich say luring businesses to their communities allows them to better advocate for funds for new public projects or improvements.

In New Rochelle, the redevelopment of the downtown area with a new 10 million-square-foot mixed-use project

FORT LEE MAYOR MARK SOKOLICH is expected to bring in dozens of new jobs. But the economic windfall comes with larger infrastructure needs, Bramson said, including money for school construction and upgrades to the city’s fire department.

Meanwhile, in Fort Lee, Sokolich is touting long-awaited construction on Redevelopment Area 5 – an area with a checkered history that has been undeveloped for 45 years.

“Harry Helmsley owned it. Leona Helmsley owned it and went to jail, during her ownership of it,” Sokolich said. “There was a mayor 40 years ago, Burt Ross, that went into witness protection over it, and I am not kidding.”

In order to jump-start the project, Fort Lee had to offer developers a PILOT deal, or payment in lieu of taxes. Both Sokolich and Bramson admit that these types of deals can open politicians up to criticism that they are giving businesses tax breaks, but argue that local communities should use this tool if it is in the best interest of their constituents.

“Politically, I am going to take a beating,” Sokolich said, adding that in the case of the Redevelopment Area 5 project, the PILOT payment was a good decision because it has gone undeveloped for so long, and the city is going to get a $12 million theater as part of the plan – something city

officials wanted and were able to negotiate into the plan.

“There is a viscerally negative emotional reaction that is associated with tax breaks of any kind,” Bramson said of constituents who hear about large companies getting deals from communities to develop there.

The New Rochelle mayor says it is sometimes necessary to use public money to chase after private money – but only if you can answer two questions.

“Would this project be viable without the incentive? If you prove that the project cannot happen without the incentive, then you check off that box,” he said. “Second question is, does the community still come out ahead even with the incentive granted?

If you can check off that box too, then it seems to me to be a good, rational, logical decision.”

Both Bramson and Sokolich agree that more reliable funding from state and federal sources to improve infrastructure would allow them to better attract businesses without providing tax breaks. If those funds can’t be provided, Bramson hopes New York may be able to help mayors in another way. He is strongly advocating for a bill that would amend the current 2 percent tax cap so infrastructure development expenditures would be exempt. cit yandstateny.com

LONG-TERM RECOVERY PLANS STARTING TO TAKE SHAPE The second panel at City & State’s Public Projects Forum focused on long-term planning by government agencies centered in New York City. The discussion focused heavily on efforts to rebuild in a more sustainable way in the aftermath of Superstorm Sandy.

Here are some of the highlights from the panelists.

Executive Vice President, Metro-North Railroad Metro-North has also been overhauling its infrastructure after suffering damage during Sandy, including rebuilding substations at a more elevated level and building new signal and power systems that are more resilient.

But the storm may have also helped advance a project that had long been in the works: the Penn Station Access Study.

“The clincher in moving it forward was Sandy,” Rinaldi said. “There was a concern to the respect of resiliency.”

Currently, Metro-North terminates at Grand Central, providing access only to the East Side of Manhattan. This project would allow travelers to more easily get to the West Side by building new access points that go to Penn Station.

Rinaldi pointed to a report by the Cuomo administration that came out a few months after Sandy in which the project had been moved to the top of the list to make sure resiliency is accounted for in the process.

“I think that really lit a fire and accelerated things.

And then as things came together, from an economic perspective, there were employment centers in the Bronx that were not currently being served by commuter rail,” she said, adding that there is a lot of enthusiasm from Bronx politicians about bringing commuter rail to these developing areas. The state has committed to building four new Metro-North stations in the borough.

cit yandstateny.com

Holly Leicht

Feniosky Peña-Mora

On the federal level, HUD has not been as actively involved in post-Sandy recovery as FEMA, which has provided a huge sum of money to pay for repairs and help the New York City Housing Authority rebuild in a more sustainable way. Leicht did say that the agency has tried to provide local communities more direction when dealing with disasters.

“One of the important lessons I have learned looking at other disasters from around the country is that I think there were a lot of unrealistic expectations about how quickly you can stand up a recovery program,” she said.

“Nobody knows what to do in a disaster. One of our lessons was that we need to provide more direction to grantees on how to stand up – particularly (with) home recovery and small business recovery programs, because the way it is done now, HUD’s relationship to cities and states is traditionally very hands-off. We say here is the money, here are a set of rules, you guys figure out how to spend it. You know best. But what we are finding is that in disasters nobody really knows best.”

The DDC commissioner said he has been heavily involved in the city’s Build It Back program, which has set a deadline for completing all repairs on Sandy-related claims by the end of 2016. Peña-Mora highlighted the steps the administration has taken to cut through red tape in order to expedite the process and said the city was on track to meet the goal. He also spoke about how the agency has changed its focus toward greater sustainability.

“Sandy provided us a wake-up call,” he said. “It reminded us that we are a coastal city. Sometimes people think, no that is Florida, not New York, but it really showed

Regional Administrator, U.S. Department of Housing and Urban Development

Commissioner, New York City Department of Design and Construction

city & state — December 21, 2015

Catherine Rinaldi

35

OPINION

KEEP RIKERS OPEN, WITH STRONGER LEADERSHIP

city & state — December 21, 2015

36

Twenty-one years ago, the New York City jail system, by all accounts, was about to explode.

The city’s Department of Correction employed 13,000 uniformed and civilian personnel, 16 jails – 10 of which were on Rikers Island, one of the world’s largest penal complexes – 15 court detention pens and four hospital prison wards.

The average daily inmate population was close to 22,000, with 110,410 inmate admissions annually, and close to a $900 million budget. Inmate-oninmate violence averaged between 100 to 150 stabbings and slashings per month, overtime was running at $112 million a year, and staff sick leave abuse was an average of 22 days a year, higher than any other city agency. It was, by far, the most violent and mismanaged jail or prison system in the nation, and both government critics and reform advocates agreed that it was too far gone to be fixed – and perhaps should be closed down.

In 1994, Mayor Rudolph Giuliani came into office and demanded change. From 1995 through 2000, I served as the Correction Department’s first deputy commissioner and then commissioner, during which, contrary to every expert prediction, the threats within the system diminished, violence plummeted to historic lows and the facilities were run with the same efficiencies as a major department store – clean, quiet and orderly.

This historic and unparalleled transformation of the system was accomplished through a performance measurement and accountability system, comparable to the NYPD’s CompStat program, but far more expansive – with more than 600 performance measures being accounted for daily to monitor violence, programs, facility and vehicle maintenance, and administrative services.

It also took very aggressive and inspired leadership to ensure accountability at every level of the agency – bureau chiefs, wardens, mid-level managers, officers and

civilian staff, as well as inmates.

Over that six-year period, our annual inmate admissions increased to 133,000, but the department achieved a 93 percent reduction of inmate-on-inmate violence (slashing and stabbings), a 72 percent reduction in serious use of force incidents, a 33 percent reduction in overtime spending, a 31 percent reduction in staff sick leave abuse, and a 48 percent reduction in assaults of staff. We increased our searches by 164 percent, which resulted in a 50 percent increase in weapons seized. Overtime spending plummeted from $112 million annually to less than $50 million, and all this was accomplished at the same time that dozens of federal court-ordered consent decrees were eliminated through compliance.

These seismic changes did not happen overnight and it wasn’t magic; it was institutional leadership and organizational reform that was “well worth studying and emulating,” according to the Manhattan Institute’s City Journal.

Today, that same Correction Department, with close to a 50 percent smaller inmate population and a budget of $1.2 billion ($350 million more than we had in 1995), is completely out of control. Inmate-on-inmate violence and internal corruption is off the

charts, and the department’s critics and the “experts” are once again looking for answers, and calling for a dismantling of the agency.

As the first deputy and chief executive of that agency for close to six years, I’m curious as to what the mayor’s Department of Investigations and inspector general were doing between 2007 and 2013. Why did the Bronx district attorney’s office stop prosecuting violent behavior by inmates against staff and other inmates? Why were the emergency service and gang intelligence units diminished, when they were the units that were clearly responsible for addressing gang violence?

Where was the New York City Board of Correction? The state Correction Commission? Former city Correction Commissioners Martin Horn and Dora Schriro diminished or eliminated almost every program put in place to reduce violence and keep staff and inmates safe, increase services and reduce spending. Where was the deputy commissioner of investigations? What happened to the collection and analysis of more than 600 daily performance measures?

During that period, the leadership void led to some of the most substantial security breaches in any jail or prison system that I have ever seen – a bar

mitzvah held in the gymnasium of the Manhattan Detention Complex, and a lunatic posing as a city employee gaining access to numerous facilities on and off of Rikers Island and interacting with high-classification inmates.

I’ve listened to media and department critics blame the correction officers union – the same exact union leaders that I dealt with in the mid-’90s. For the record, the union does not run the department; the commissioner and his staff do. Some have blamed the present commissioner, Joe Ponte, who was appointed in 2014. The reality is, Ponte was brought in to clean up a mess that was created over the prior 12 years.

The violence, corruption and mismanagement of the department is something that we all should be concerned with, but under no circumstance does the department need to be dismantled and Rikers Island closed.

For those that use today’s problems as the justification for those calls, the violence in the early ’90s made today’s problems on Rikers look minimal. The average daily population was almost double what it is today. We had five to 10 times the violence, and, just like today, people said it could never be fixed, an argument that proved false.

It should have never taken a Justice Department report to create a call for action. The correction commissioner, his managers, the Bronx district attorney and the various oversight agencies failed to do their jobs.

Rikers Island doesn’t need to be closed, it needs to be fixed. It has been done before, and the correction department can do it again – with real leadership and accountability.

Bernard Kerik served as the first deputy commissioner and commissioner of the city Department of Correction from 1995 through 2000. He later served as commissioner of the NYPD from 2000 through 2001.

cit yandstateny.com

ADI TALWAR

By BERNARD KERIK

OPINION

AN OPPORTUNITY FOR DIVERSITY AT THE NEW YORK COURT OF APPEALS

Fundamental fairness, at the very least, requires LGBT involvement in that judicial analysis.

Almost 25 years ago, the state Court of Appeals decided Alison D. v.

Virginia M., in which the court ruled that the petitioner, who had supported and lovingly co-parented a child from birth with her female partner for approximately six years, had no legal standing under state law to seek visitation rights because she was a “biological stranger” to their child.

That decision had a devastating impact on the LGBT community, whose families form critical parentchild bonds regardless of biology. The Court of Appeals is scheduled to revisit the issue in February. Whatever the outcome, the participation of an LGBT jurist would immeasurably benefit the legitimacy of the judicial process.

The state Commission on Judicial Nomination will soon provide Gov. Andrew Cuomo with a list of qualified candidates from which he will pick an associate judge of the Court of Appeals.

Given the governor’s long record fighting for LGBT rights, it seems fitting that he have an opportunity to appoint a gay, lesbian or transgender judge to sit on that esteemed bench.

Though the U.S. Supreme Court’s decision last June extended marriage equality across the country, there cit yandstateny.com

remain many issues of vital importance to the LGBT community that will come before the courts for the first time. For example, Cuomo’s recently introduced regulations that ban harassment and discrimination against transgender people could generate litigation over the interpretation and application of those regulations.

Fundamental fairness, at the very least, requires LGBT involvement in that judicial analysis.

The call for judicial diversity echoes the basic principles of American democracy. It is grounded in the need for judges who can understand how different communities can uniquely experience the challenges of life and appreciate how the law may shape those experiences. As Assemblywoman Deborah Glick, who made history as the first LGBT member of the Legislature, argued, “New Yorkers need someone on the Court of Appeals who sees things through the eyes of the LGBT experience.”

Some believe otherwise. Jamie Whyte, a Cambridge Universitytrained philosopher, politician and businessman, argued that the judicial diversity movement “displays an alarmingly tribal view of the proper

function of judges and a peculiar ignorance of legal history.” Whyte pointed out that the legal rights of women and blacks were granted by white, male judges, posing a rhetorical question: “How could this have happened if humans cannot transcend their identity prejudices?”

But the issue is not whether a homogeneous group of judges can transcend their identity prejudices; history tells us that they can. The real question is how long we must wait for

them to “evolve.” Indeed, should a democratic nation be required to wait at all?

The answer, of course, is that we should not have to wait, and any contrary view rests on a fundamental misunderstanding of the judicial process. Judges do not interpret the law in the quiet solitude of their chambers, wrestling with their biases in isolation. They interpret the law through ongoing, robust and, at times, contentious arguments with litigants, and vigorous debates among themselves.

The call for judicial diversity is a demand to participate in those crucial adjudicative debates. It is about a democratic right of access, not outcome.

New York has a long and proud tradition as a melting pot. The integrity, strength and endurance of its government institutions continuously grow through the active participation of our diverse people. But participation requires access – and access to New York’s high court has, to date, not been fully granted.

37

Brad Hoylman is a New York state senator representing the 27th District.

city & state — December 21, 2015

FELIX LIPOV / KEVIN P. COUGHLIN FOR THE OFFICE OF THE GOVERNOR

By BRAD HOYLMAN

BACK & FORTH

CORRUPTION ON DISPLAY While

city & state — December 21, 2015

38

convicted

legislative

museum, I intend to build a cultural institution to address that culture of corruption. This is nothing that can be done by a single indictment or even by a few indictments of single individuals. This needs to change the entire culture of how things are done in Albany, and I know that’s the intent of (U.S. Attorney) Preet Bharara and the prosecutors, but I think citizens have a role to play in this as well. And our role through this museum will be to (inspire people to) be informed and ultimately to vote. Because it’s our government that we create.

leaders Sheldon Silver and Dean Skelos wait to hear how much time they’ll have to spend in prison, one part of their fate has already been decided: They’ll be part of a museum exhibit.

Forever.

Bruce Roter is the founder and president of the board of trustees of the Museum of Political Corruption.

And though it doesn’t have a physical location yet, it’s a registered nonprofit accepting donations (no bribes allowed) and hoping for a 2019 opening in Albany.

City & State’s Jeff Coltin spoke with Roter after Silver’s conviction – but before Skelos’ – to talk about corruption throughout history, New Yorkers’ resilience, and which state is the most corrupt.

City & State: When did you get the idea to actually make a monument to corruption?

Bruce Roter: I don’t want to call it a monument to corruption, and the last thing I want to do is to glorify corruption. That’s not our intent at all.

We’re building a cultural institution where we can learn about corruption and where we can poke fun at corruption also. The idea came a couple of years ago when I was speaking to Kathy Sheehan, who’s now the mayor of Albany. She was running at the time. We were having coffee and I asked her, what do we have in Albany that we can be a bit more lighthearted or irreverent about? Because we’re such a serious bunch up here. And then it struck me, we have corruption!

It’s what we’re known for, and rather than try and run away from it, which we can’t do anyway, we might as well embrace it, we might as well harness it, we might as well use it as a resource and make it into a tourist attraction.

C&S: In every article in which the museum is mentioned, the comments section is filled with people arguing for THEIR state – no, MY state is the most corrupt.

A Q&A WITH

BRUCE ROTER Why are they proud that their state, be it Illinois, Hawaii, D.C., is so dysfunctional?

BR: I don’t know if it’s a particular glee or not! It’s nice to be number one in something, I suppose. And New York has come out on top in certain polls in being the most corrupt state.

Perhaps it’s just because we have so much money floating around in New York. I don’t think it’s actual joy, but I think if this museum can be useful to any community, then why not?

The museum is going to focus primarily on New York political corruption. We will probably devote space in the museum to exhibit corruption outside the borders of New York. We can’t forget about our friends in New Jersey, for instance, or Illinois.

Although I can tell you that they’re clamoring for the same museum also.

I’ve told them that once we’ve built this in Albany we can consider franchising.

C&S: Sheldon Silver has been convicted. Where does he fit in the roll call of corrupt politicians throughout history?

BR: If you go way back, even through the Tammany Hall era, he’s just another wave in a constantly flowing tide of corruption in New York. I don’t want to overestimate the importance of his conviction, but I don’t want to underestimate it either. I think we need to look past him and past Skelos to really address the root causes of corruption, and that of course is just the insane amount of money that flows through Albany and doesn’t get channeled into helping the people of this state.

They say that there’s a culture of corruption here in Albany. With this

C&S: There’s been some outrage over the fact that Silver is expected to make up to $100,000 a year in pension. How do you think corrupt politicians should be treated after they’re convicted?

BR: I think they should lose their pension! I’m as outraged as the rest of the public should be over this. With the amount of money for things that it could have been used for to help the state, for him to continue to benefit from the trust of the people, which he abused and lost, I think, is terrible.

C&S: With you surrounding yourself with all this corruption, do you ever get bummed out? Does it weigh on you?

BR: I don’t take it personally. Perhaps I’m resilient, and New Yorkers have to be resilient in this regard. We shouldn’t be bummed out or jaded by this. We have to look to the future and we have to feel empowered that we can make a difference. Just because there’s a culture of corruption nowadays doesn’t mean it will always have to be like this. We can’t let corruption win, and by building this museum, we don’t let corruption win.

To read the full interview, including Roter’s tale of Nellie Bly, a crusading journalist who exposed a scheme to buy the state Legislature in the 19th century, visit cityandstateny.com.

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