Kellner Reform Will Bring Assembly Activities Into the Light
April 26, 2010
Too much of the Assembly’s public business is conducted behind closed doors. While many of the Assembly’s documents and records are posted online, there is little information readily available about which lobbyists are fighting to pass or kill which legislation, and about what goes on during the committee meetings that are a crucial part of the legislative process.
Just as I have introduced legislation to require New York State’s agencies to put their public records on the internet, I believe that New Yorkers are entitled to know what is happening in their state legislature. For this reason, I am introducing a rules resolution that will require the Assembly to dramatically improve its transparency by putting records of all its work online.
When a bill is introduced, it is sent to one of the Assembly’s standing committees for review, and before it can be voted on by the full Assembly it must first be approved by the committee. Lobbyists seeking to influence the legislative process will send memos to the committee members, urging them to vote a bill through – or, in many cases, to vote against a bill so that it never makes it out of the committee to a full vote. The public should know who is trying to influence Assembly Members, and what those lobbyists are saying. My resolution will require these lobbyist memoranda to be published on the Assembly’s website.
The resolution will also require the Assembly to show its work on the internet, putting meeting notices, agendas, transcripts, minutes, recordings, and attendance and voting records online for all to see. It will let New Yorkers see and hear who is saying what about each bill, who is pushing to have a bill advanced out of a committee, and who is trying to keep it bottled up. It will open up the Assembly’s legislative process, from beginning to end, for public scrutiny.
Making laws is often compared to making sausages – it is said that it’s better not to see how it happens. But the lawmaking process is critically important to New Yorkers’ everyday lives, and the public has every right to expect that their legislature works in a way that allows citizens to see what is happening and to participate. My resolution will make this kind of transparency standard practice for the Assembly.
Report: TLC Failing Livery and Black Car Customers in Wheelchairs
April 21, 2010
Outside of Manhattan, for-hire vehicles–black cars and livery cabs–are often the only real way to get around. But wheelchair users are finding the door slammed in their face.
Today I am releasing a report that exposes the failure of a New York City Taxi and Limousine Commission (TLC) rule requiring for-hire vehicle (FHV) companies to offer equivalent service to customers using wheelchairs. The report finds that only 4% of livery car companies—and no black car companies—can accommodate service requests by riders in wheelchairs at a price and within a time frame equivalent to what is available for able-bodied riders. And price gouging of customers with disabilities is rampant and outrageous: on average, those livery companies that did offer accessible vehicles charged $37 more per ride for those vehicles than for ordinary cars—while black car companies charged an average of $109 more.
Moreover, the TLC admits that it only planned to begin enforcing compliance with the rule in December 2009—six years after the rule went into effect.
The magnitude of the TLC’s failure is shocking. The Commission does not even dispute the numbers in my report—they know they’ve failed, but it’s wheelchair users who are paying the price.
Among the report’s key findings:
-Only 4% of livery car companies were able to offer trips for wheelchair users at an equivalent price and within a reasonable time frame;
-40% of livery car companies and 43% of black car companies said that they would be unable to provide any services for a wheelchair user;
-Livery companies that did offer accessible vehicles charged an average of $37 more that service than for ordinary cars, while black car bases charged an average of $109 more;
-Of the 30,110 livery and black car vehicles on the road, only 75—0.2%—are accessible.
TLC Rule 6-07(f) requires all FHV companies to offer service for wheelchair users equivalent to that offered for the able-bodied, either by providing their own accessible vehicles or by contracting with another provider. My report finds that only 14% of livery companies and 2% of black car companies own wheelchair-accessible vehicles—while 152 livery companies and 12 black car companies claimed to rely on the same four third-party contractors to provide accessible vehicles. These contractors often charge FHV companies exorbitantly high rates for their vehicles.
The report, “Not for Hire: How Non-Compliance by For-Hire Companies and Lack of Enforcement by the TLC are Failing Wheelchair Users,” was researched through phone calls to every one of the 495 livery companies and all 68 black car companies in New York City. Companies were asked to verify their compliance with Rule 6-07 (f). Companies that indicated that they could provide accessible service were called again with an inquiry about the pricing and availability of accessible vehicles for a trip to LaGuardia Airport.
During the follow-up calls, the callers did not identify themselves as calling from an Assembly office—under these less official circumstances, my staffers discovered that many companies had been blatantly lying about their ability to provide accessible vehicles–at least 90 of the livery companies that had initially claimed to be able to provide accessible service now stated that they were unable to do so, while another 67 provided a phone number as a referral to another service rather than directly dispatching a vehicle—a violation of the TLC rule.
The report’s recommendations include:
-FHV bases that own a large number of vehicles should be required to have accessible vehicles in their fleets;
-The TLC should clearly identify on its website those FHV companies that own accessible vehicles;
-The TLC should restrict the number of FHV companies allowed to affiliate with a single third-party contractor;
-The TLC should monitor third-party providers for price gouging and other inequitable practices, and price gouging should incur significant penalties;
-The TLC should undertake periodic audits of livery and black car companies to ensure compliance.
The TLC needs to radically re-think its approach. The best thing the TLC can do now is revoke Rule 6-07(f), bring together advocates and the industry, and start from scratch. It’s clear that when it comes to making livery cabs and black cars accessible, the Commission has spent the last six years going nowhere.
The report is available below, and as a downloadable PDF here.
A New Watchdog for State Police
April 19, 2010
When a civilian makes an allegation of misconduct against an officer of the New York City Police Department, both the officer and the civilian know that the complaint will be investigated by a fair and impartial body — the New York City Civilian Complaint Review Board (NYC CCRB). But when there is a dispute over the conduct of an officer employed by one of the many police forces operated by the State of New York, there is no such recourse.
Our state government has created dozens of different police forces, of all shapes and sizes. They do important work, but when there’s a complaint, officers and civilians alike are thrown to the mercy of dozens of different internal review processes—which are often murky and inconsistent. I have introduced legislation to replace this Kafkaesque system with a single, fair and independent civilian review body — the New York State Civilian Complaint Review Board.
With this legislation, our state’s bewildering array of state police forces will be brought together under a new independent watchdog, which will monitor police and peace officers employed by the State of New York—from state troopers and Port Authority Police to parks police, animal control officers, and tax enforcers.
The board, modeled after the NYC CCRB, will be empowered to investigate complaints about misconduct by officers employed by New York State agencies, public authorities, and public benefit corporations, and to recommend disciplinary action as appropriate—including forwarding cases to district attorneys where necessary.
This is critical to improving trust between New Yorkers and law enforcement. We have seen controversies ranging from allegations that state troopers attempted to influence a witness for political reasons, to complaints about excessive force by the Public Safety Department on Roosevelt Island. When there’s a claim that an officer acted abusively, we need a review process that everyone can have faith in.
The board will have subpoena power, and will employ experienced investigators to examine allegations of abuse of authority or excessive force. Any member of the public will be able to initiate an investigation, as will the board itself. In cases where misconduct allegations are substantiated, the board will recommend appropriate disciplinary action—and if no action is taken by an officer’s employer, the case will be forwarded to the local district attorney.
The New York City CCRB was controversial at first, but you can’t argue with the fact that relations between the NYPD and the community are the best they’ve ever been. This is no coincidence: when you have fair and consistent oversight, you get better policing and more public trust in officers. Everyone wins.
The board will consist of nine members, three chosen by the Governor and six appointed upon the recommendations of, respectively, the Attorney General, the State Comptroller, the Temporary President and Minority Leader of the Senate, and the Speaker and Minority Leader of the Assembly. The legislation authorizes the board to hire an executive director and an investigative staff.
Supporting Israel’s Security
April 13, 2010
Recent reports–including a terrorist attempt to plant explosives along the Israeli border–have highlighted the continuing threat posed to Israel’s security by militants in the Gaza strip. Gaza is governed by Hamas, a terrorist organization that has killed hundreds of innocent men, women, and children; its charter continues to call for the destruction of Israel and the murder of Jews. In recent years, Kassam rockets have rained down on Israeli villages, killing civilians indiscriminately.
Like all states, Israel has the right and the duty to defend its citizens. Yet recently, 54 members of Congress wrote to President Obama asking him to pressure Israel into lifting its security blockade of Gaza. In response, I along with 36 other members of the New York State legislature called upon the President to respect Israel’s right to self-defense.
Both Israelis and Palestinians have the right to peace and security. Israel’s blockade is designed to deny Hamas the means to commit acts of terrorism, while letting through humanitarian supplies. Indeed, in recent days, Israel has loosened the blockade. However, as long as terrorist organizations like Hamas continue to call for Israel’s destruction and sponsor or permit attacks upon innocent civilians, neither Israelis nor Palestinians will be able to live in peace. Meanwhile, Israel must be allowed to defend itself, just as any other nation would do.
A copy of our letter to President Obama is below.
3.15.10 Joint Letter to Obama Re Gaza
May 1st: Free Mammography Screenings
April 11, 2010
Just in time for Mother’s Day, my office, in partnership with the American-Italian Cancer Foundation, is coordinating a free mammography screening program on Saturday, May 1st from 9 am to 3 pm in front of Lenox Hill Neighborhood House, located at 331 East 70th Street between First and Second Avenues.
Aside from non-melanoma skin cancer, breast cancer is the most common cancer affecting women in the United States. According to the American Cancer Society, there were 182,460 new cases of breast cancer in the country last year and 40,480 deaths from the disease. While there are treatments, early detection is the best way to prevent the worst consequences. I hope that by providing this service, women who may not have been able to get a mammogram in the past will take advantage of this opportunity.
This service is available for any woman over 40 years of age who has not had a mammogram in the past 12 months, regardless of whether or not she has health insurance. Space is limited to a first- come, first-served basis and appointments are necessary, so women who would like to take advantage of this opportunity should schedule their appointments as soon as possible by calling my office at 212-860-4906.
It is recommended that women who make appointments come wearing a two-piece outfit, and refrain from using any oil, powder, deodorant, or perfume that day. If you have Medicare, Medicaid or other health insurance, you must bring your card with you, though you will not be charged any co-payment fees. If you do not have health insurance, the mammogram, provided by Multi-Diagnostic Services, Inc., will be paid for by the New York State Cancer Services Program Partnerships. Results will be sent to you will be sent to you within 10 business days.
Kellner Bill Will Require State Agencies to Release Their Records Online
April 7, 2010
New York’s Freedom of Information Law (FOIL) established that government is the people’s business and that the public should have access to government records. In the internet age, freedom of information is meaningless if people don’t have ready access to that information—and that means we need to put it online. This is why I have introduced legislation (A. 10335) to put New York State’s public records on the internet—making vital information about public health, safety, transportation, and much more available for New Yorkers on their laptops, desktops, and mobile phones.
The “Open New York Act” will revolutionize the relationship between New Yorkers and their state government, requiring all state agencies to make their records available through a central website—where the data can be used by activists, entrepreneurs, and others to create a host of applications useful in everyday life.
This is about pulling government data out of the dusty filing cabinets and putting it to work to improve our daily lives. The uses of this information are limited only by our imaginations. A developer could create an application to show you how your community stacks up in crime and cancer rates, to help you plan a safer route home, or to send you news feeds about projects that affect your neighborhood. The NYC Big Apps competition has begun to show how open data can unleash civic entrepreneurialism. Putting New York State’s records online will greatly multiply the benefits—and the development of these applications will generate new jobs for New Yorkers.
The legislation establishes a timetable for state agencies to put their existing public records online, and mandates that all newly-created records be published on the internet beginning on January 3, 2011. Developed in accordance with the principles of open data laid out by open government advocates, the bill specifies that the information must be complete, accessible, timely, and available without any fees or licensing restrictions.
The bill includes the strong privacy protections of the FOIL, prohibiting disclosure of any information that would constitute an invasion of personal privacy.
The legislation has been praised by good government advocates as an important measure that will open up New York’s government to the public:
“New Yorkers deserve government openness that reflects the changes of the 21st Century,” said Blair Horner, Legislative Director for the New York Public Interest Research Group (NYPIRG). “NYPIRG applauds Assemblyman Kellner’s proposal to use modern technology to open up state government.”
“Citizens Union is pleased that Assembly Member Kellner has proposed this comprehensive legislation to expand public access to state government documents and data,” said Dick Dadey, Executive Director of Citizens Union. “This bill would bring access to state government information into the twenty-first century with an online, ‘one-stop-shop’ for state government data and documents that allows for independent analysis and innovative use of such data in new technology applications. We urge the legislature to fully consider this important legislation.”
“Assembly Member Kellner’s legislation represents a major advance in making New York’s government more transparent and accessible,” said Benjamin Kallos, Chief Executive Officer of the Open Government Foundation. “Open data is about making government work for the public, and that’s what the Open New York Act will do.”
Already, developers using open government data in other jurisdictions have created applications allowing users to compare cancer or unemployment rates in different locations (www.thisweknow.org), to map out the safest routes home at night (www.outsideindc.com/stumblesafely), to subscribe to news feeds telling them about new building permits or liquor license applications in their neighborhoods (www.everyblock.com), to navigate their local school systems (www.bigappleed.com), or to get traffic updates, recreation options, restaurant inspection results, post office locations, fire and medical response times, and more all in one package (www.nycway.com). Opening up New York State’s data to the public will enable entrepreneurs to create applications using information about health, crime and safety, transportation, housing, consumer matters, environmental quality, and much more—benefiting New Yorkers across the state.
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My community office is here to help you.
315 East 65 Street
New York, NY 10065
Tel 212-860-4906
Fax 917-432-2983
Email KellnerM@assembly.state.ny.us
