Nothing to Hide: Financial Disclosure Laws for Lawmakers Should be More Transparent
September 18, 2008
A cynical observer might assume that the reason I am so nonchalant about handing over unredacted copies of my financial disclosure forms to anyone who asks, including the New York Sun, who published an article today that featured my doing so (“Taciturnity is the Word on Legislators’ Pay”) is that other than my public service as an Assembly Member, I have no other income. But the fact is that it is precisely because of my elected post that I don’t have any other income. Being a legislator is a full-time gig. Most of my colleagues treat it as a full-time job, and they should.
I was a little surprised that when the Sun called around, I was the only one to comply with their request, but I strongly suspect that if they had called more than just a few lawmakers, they would have received many more forthcoming replies.
As I said in that article, there is an unfair public perception that all lawmakers are crooks or clowns, and the high-profile scandals following the exposure of the occaisonal bad apple only heightens this carictature. But for the vast majority of legislators this is simply not the case, and being more transparent about their finances would demonstrate this. I will work in the next legislative year to improve the laws around transparency. The public deserves to know when lawmakers have other jobs and how much they make from them.
A little over a week ago, Assembly Speaker Sheldon Silver told the Associated Press that he would be taking steps to reform ethics and disclosure rules for lawmakers next year. When I next spoke to the Speaker, I made sure to tell him that I completely supported what he said and that I looked forward to working with him on legislation to accomplish good government reforms. I will continue to update you on our progress when the legislature goes back to session in January.
Taciturnity Is the Word On Legislators’ Pay
By JACOB GERSHMAN, Staff Reporter of the Sun | September 18, 2008
While other state lawmakers are accustomed to cloaking their financial secrets behind lax disclosure laws, Assemblyman Micah Kellner stands apart.
Unlike most of his Albany colleagues, the 29-year-old Democrat of the Upper East Side has no problem providing an unredacted review of his financial disclosure forms. Not that his forms disclose terribly much: The only income Mr. Kellner earns comes from his $79,500-a-year salary as a legislator.
“I guess I’m very poor,” he said. “It’s the most depressing day having to fill out these forms.”
Other lawmakers contacted by The New York Sun, including the four legislative leaders, were not so forthcoming, refusing to make available the full versions of their annual statements.
Under rules set up by lawmakers in the 1980s, they are permitted to conceal how much outside income they earn, a practice that is coming under increasing scrutiny.
Last week’s arrest of a Queens assemblyman, Anthony Seminerio, whom federal prosecutors accuse of accepting payoffs from hospital executives in exchange for lobbying his colleagues on budget matters, has again trained a spotlight on Albany’s disclosure laws. Critics say they are too weak, allowing lawmakers to hide business interests that could potentially conflict with their public duties.
Mr. Seminerio, who maintains his innocence, established a private consulting firm to sell his services. By law, he was not required to publicly disclose the nature of his business or how much outside income he earned.
In Albany, it’s hard to find a lawmaker defending the current system. In theory, most are supportive of stricter reporting requirements. Some, including Mr. Kellner, are pressing for new resolutions or legislation, saying the Seminerio arrest has undermined their credibility.
Mr. Kellner said he is concerned that the public has a perception that lawmakers are “crooks or clowns.” For the “vast majority of us, neither of those things is true,” he said, adding that by giving the public a fuller account of their outside work, lawmakers could better make that case.
In practice, few are willing to share information beyond what the law requires. Those who are so inclined say they fear such an act of transparency would alienate their less-forthcoming colleagues.
[Click here to read more…]
Supporting Film Production, Post-Production Industry in NYC
September 17, 2008
Bobby Cannavale, an Emmy-award winning actor of ‘Will and Grace’ fame, talks about the importance of the production and post-production film and television industries. Also pictured are myself at left, Assembly Member Jonathan Bing (center), and Councilmember David Yassky (right). Photo by William Alatriste.
I may be the only New York elected official with my own Internet Movie Database (IMDb) profile. I was proud to work in college on a 2000 film called Five Feet High and Rising, which was later turned into a feature film launching the career of the movie’s director, my friend Peter Sollett. I was so proud when New York’s production tax credit helped enable Peter to film the anticipated October release, Nick and Norah’s Infinite Playlist in New York City. Film production located in New York City is tremendously important for our economy — but it is clear that we can and should be doing more to encourage production and post-production work.
Yesterday, I joined Councilmember David Yassky and my State legislative colleagues Assembly Members Jonathan Bing and Michael Gianaris and State Senator Martin Golden to call on the New York City Council to pass two bills introduced by Councilmember Yassky; one would expand the City’s film production tax credit and the other would create a new credit for post-production work. Our effort was reported on in today’s New York Sun.
Tax credits for the film and television industry are proven to bring jobs and help the local economy. Since New York State tripled its film production tax credit, heavy employment shooting days are up 84%. This means that more union actors have jobs. Screen Actors Guild officials say that a significant number of previously uninsured actors are now in union-sponsored healthcare programs because of the availability of these jobs in New York. According to the Mayor’s Office, the initial 5% tax credit that Councilmember Yassky achieved with his 2005 legislation has generated $600 million and over 6,000 new jobs for the City’s economy. His new production credit expansion legislation would triple this.
Equally important is post-production. As a film school graduate, I watched as many of my friends moved to Los Angeles because of a lack of jobs here in New York City. Particularly, in film and television post-production, most people don’t realize that most of the work that goes into making the movies and TV shows we love comes after the camera stops rolling — sound mixing and re-recording, foley artists, adding the track, digital effects, and more. The ripple effect of a post production tax credit encouraging that industry here would be a major boon to our local economy.
Councilmember Yassky’s post-production credit and a state-level credit (A.10689) proposed by Assemblymember Steve Englebright, which I co-sponsor, would stimulate the ripe field of post-production in New York City. New York has three major, state of the art post-production facilities, rivaling what Los Angeles has, but Los Angeles still wins 95% of all post-production jobs.
Joining us at yesterday’s press conference were actor Matt Servitto of The Sopranos, actress and writer Nancy Giles of CBS Sunday Morning and representatives from the Motion Picture Editors Guild, Screen Actors Guild, Writers Guild, Cinematography Guild, American Federation of Musicians, Theatrical Teamsters, IATSE and the Deluxe New York post-production facility.
Take Back Our Economy: Closing a Tax Loophole on Big Business
July 22, 2008
On July 17, over one thousand union members gathered in Manhattan, joining more than a dozen coordinated events worldwide, for a “Take Back the Economy” protest calling attention to preferential tax treatments for corporations and the mishandling and questionable ethics related to the investment of employee pension funds by private equity firms. The rally was organized by SEIU 1199, SEIU 32B-J, and the Working Families Party.
Over the last 30 years, our state’s tax code has been more and more tilted against middle-class New Yorkers and in favor of big corporations and the very wealthy. While the well-off exploit tax loopholes and benefit from low rates, working New Yorkers are forced to pay more through rising property taxes, sales taxes and user fees that many don’t consider taxes (but should), such as rising subway and bus fares.
With the economic problems our country is facing, tax cuts for the rich and for certain big businesses leave us with ever-growing budget gaps - billions of dollars’ worth - in necessary areas like school funding, health, and public transportation infrastructure.
Something has to give.
One of the ways that I am working to address this is through a bill that I introduced last month with the support of the Working Families Party. My bill would close a tax loophole that allows managers in private equity and hedge funds to avoid paying millions of dollars in taxes resulting from “carried interest.” The loophole unfairly allows these major financial engines to avoid taxes that small businesses have to pay under the Unincorporated Business tax laws of New York.
The Fiscal Policy Institute issued a report on April 15th that found that closing this loophole would generate between $165-225 million every year in revenue for New York City. The Executive Director of the Working Families Party, Dan Cantor, wrote an excellent piece for the Gotham Gazette that explains how the tax loophole works and how it is costing City taxpayers money (“Where The City Can Find $200 Million”). It is wrong that these multi-million dollar companies continue to get away with avoiding paying the same taxes as small businesses, especially when middle-class New Yorkers are struggling in a bad economy.
Second Avenue Small Business Tax Relief Bill Passes Assembly
June 25, 2008
Close to midnight last night, my Second Avenue Subway small business tax relief bill passed the New York State Assembly as we wrapped up the 2008 legislative session.
A.10924 offers a property tax abatement to property owners if they are able to sign or re-negotiate a reduced lease to current or prospective small business commercial tenants located in the construction area. The bill is sponsored in the State Senate by Senator José Serrano. While the bill has yet to pass there, the Senate bill has moved to committee and the Senate will reconvene in July.
Construction began on the most recent incarnation of the MTA’s Second Avenue Subway project in April 2007. Due to rising construction costs, the MTA recently announced that the first phase of the construction—from 96th Street to 63rd Street—will be delayed by two years, moving the completion date of this phase to 2015.
When the construction is finally complete and the new subway line opens for business, what kind of neighborhood will be there to greet it? Will we have driven Second Avenue’s small businesses into extinction or will we still have the same vibrant, family-friendly community we knew before the construction began? By passing this legislation, the Assembly has demonstrated its commitment to giving small business owners a fair shake and preserving the community we know and love.
Waste Transfer Station Bill Update
June 12, 2008
As New York City pursues its Solid Waste Management plan, it is important to ensure that waste transfer facilities are not located in areas where they will cause undue harm to nearby economically disadvantaged neighborhoods, which have been shown to have higher asthma rates than other communities. Tthe City has proposed to construct a massive marine transfer station (MTS) at East 91st Street along the East River. The proposed MTS would be located less than 300 feet from two public housing projects - the Stanley Isaacs Houses and John Haynes Homes Towers. Additionally, the MTS would subject neighborhood residents - especially children, who are most vulnerable - to the pollution from constant streams of garbage trucks, while simultaneously destroying Asphalt Green, one of the area’s only parks.
Pictured here is the proposed site of a marine transfer station slated by Mayor Bloomberg for activation less than 600 feet away from two public housing projects. Photo taken from Gracie Point Community Council’s website.
Last month, I introduced a bill (A.10891A) that would prohibit the sighting of a solid-waste transfer station or facility within 600 feet of a public housing project, so that the City’s garbage management efforts do not unfairly burden communities that are already under-served. Senator Ruben Diaz, Sr. is sponsoring this legislation in the State Senate ( S.8168A).
I am pleased to report that yesterday the bill was unanimously reported out of the Assembly’s Environmental Conservation Committee. We are now one step closer to ensuring that a garbage station does not destroy our community.
New Legislation to Support Second Avenue’s Small Businesses
June 12, 2008
I’m a big supporter of the Shop 2nd Avenue campaign and its mission. Visit their website to find out more.
On May 5, I introduced A.10924 a bill to ease the burden of subway construction on Second Avenue’s hard-working small business owners. My bill is designed to help small businesses by offering property tax relief to landlords who agree to sign or re-negotiate reduced-cost leases for their small business commercial tenants. Senator José Serrano is sponsoring this bill in the State Senate.
I’m also proud to co-sponsor legislation (A.10594/S.8154) introduced by my colleagues, Assembly Member Jonathan Bing and Senator José Serrano, which would create an economic development grant program to provide financial and technical assistance to small businesses in the affected area.
The Second Avenue Subway will bring tremendous benefits to the East Side (and to the whole metropolitan area) in the long run. But during the lengthy construction period - which will last well over two and a half decades - residents, business, and property owners within the affected area will suffer. Already, small business owners along Second Avenue between 91st and 96th Streets have seen dramatic losses in business since construction began, as they face torn-up sidewalks, impeded pedestrian access, lost signage, revoked sidewalk café licenses, and interruptions in utility service.
These business owners have worked hard to overcome such challenges, and I’m proud to support their Shop Second Avenue campaign, which highlights all the many wonderful stores and restaurants Second Avenue has to offer. But I also believe that, since these New Yorkers are making a sacrifice for the betterment of the East Side and the entire region, it is important that New York State lend a helping hand.
Kellner Legislation to Create MTA Riders Council for People with Disabilities Passes Assembly!
May 13, 2008
I am very proud to announce that my bill to create an MTA Riders Council for People with Disabilities passed the Assembly today. Below is the press release from just two days ago announcing this bill (and another related bill’s) introduction. Assembly Member Linda Rosenthal was quick with the cellphone camera and snapped me some photographic evidence of the bill’s debut to the big board in Assembly Chambers moments before its passage (Thanks, Linda!)
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For Immediate Release: May 10, 2008
IMPROVING MTA ACCESS FOR PEOPLE WITH DISABILITIES
New York City — Assembly Member Micah Z. Kellner, State Senator Thomas K. Duane, Manhattan Borough President Scott Stringer, Assembly Member Michele Titus, Chair of the Assembly Taskforce on People with Disabilities, and Assembly Member Linda B. Rosenthal, were joined today by advocates representing thousands of New Yorkers with disabilities to announce a package of bills that have been introduced in the New York State legislature to reform the way that the MTA responds to the needs of transit riders with disabilities.
The first bill (A.10734-A/S.7817) creates the MTA Riders Council for People with Disabilities, a 15-member appointed council will be geographically diverse representing riders who use NYC Transit, the Long Island Rail Road, and Metro North systems. The Council will have a non-voting seat on the MTA Board and will monitor all aspects of the MTA and make recommendations as to how to improve services. The Assembly is expected to take up this bill on Monday. The second bill (A.10420/S.7348) requires daily inspections of elevators, escalators, bus lifts, and other accessibility features in MTA facilities and establishes documentation requirements and oversight for their repair.
“The MTA has been failing the disabled community when it comes to meeting our transportation needs,” said Assembly Member Micah Kellner, who has cerebral palsy. “In 2007, I requested documents for eight elevators in ADA-compliant passenger stations to better understand how the MTA maintains features like elevators. What I found was an unacceptable number of outages, repeated breakdowns in the same station for the same problem, a disturbing lack of paper record-keeping, and a poor track record of fixing problems quickly. This is no small matter. When an escalator, elevator, or wheelchair lift is inoperable it means that a person with a disability is stranded.”
“The list of reasons why these changes are necessary is endless. For example, even the new, improved subway announcements – let alone the old garbled ones – are hard for the hearing impaired to understand,” said Senator Tom Duane. “Platform gaps on the LIRR threaten the safety of the visually impaired and wheelchair users. The recent closure of station agent booths in the subways has only worsened the situation for disabled riders who are able to overcome other obstacles to access that system, and these are only a few of the problems. The MTA needs to hear from people with disabilities and learn from their experiences. The best way to do this is to correct the lack of representation of people with disabilities on the board of the MTA itself.”
“For years, the MTA’s failure to carry out mandated inspections, as required by the building code, left frail and disabled riders in a situation resembling Russian Roulette,” said Borough President Scott Stringer. I believe the agency’s new leadership wants to make the system safe and reliable for people with disabilities – and this legislation will provide a framework for doing that. I urge the swift passage of both bills.” In 2006, Borough President Stringer released his report, The State of Repairs, which found that 74% of all elevators in ADA-compliant stations did not receive their mandated annual inspection and that the average elevator in an ADA-compliant station was out for 11 days.
“Seldom a day goes by where we do not receive a phone call or email message from someone who has had a negative experience with the MTA.,” says Lawrence Carter-Long, the Director of Advocacy of Disabilities Network of NYC. ” A breakdown in, or lack of transportation options for people with disabilities affects every other area of our lives – if you can’t get to or from your residence, place of business, or health care provider, your quality of life is diminished. Rather than solve the transportation problems faced by New Yorkers with disabilities, the MTA seems more inclined to add to them. These bills provide a necessary and overdue remedy the MTA has been unwilling to provide on its own.”
“We believe holding the MTA to greater accountability on elevator and escalator repairs as well as the creation of a MTA Riders Council for People with Disabilities can only improve the accessibility of NYC Transit and assure riders with disabilities that it is safe to ride the subways,” said Carr Massi, President of Disabled in Action of Metropolitan New York.
“BCID has been requesting a seat at the MTA table as a representative of the community of people with disabilities for many years,” said Marvin Wasserman, Executive Director of Brooklyn Center for Independence of the Disabled (BCID). “The passage of this legislation will guarantee full representation from the whole community of people with disabilities, not just a select few working within the community.”
“Appropriate access for people with disabilities is a civil right and a human right. It is time the ADA [Americans with Disabilities Act] applied to mass transit,” said Janice Schacter, Chair of the Hearing Access Program (a consortium of the Alexander Graham Bell Association for the Deaf and Hard of Hearing, the League for the Hard of Hearing, and Hearing Loss Association of America).
“Hearing directly from people with disabilities through the proposed MTA Riders Council for People with Disabilities is a needed reform. The MTA needs to address the problems of accessibility, signage, and staff training to make transportation in NYC truly available to all,” said Nancy D. Miller, Executive Director of VISIONS/Services for the Blind and Visually Impaired.
“Access to public transportation is critical for people with disabilities to live fruitful and productive lives and it is essential that public transportation is accessible, reliable, and safe all the time. We appreciate the efforts of Assemblyman Kellner and Senator Duane in support of the needs of NYC citizens with disabilities,” said Susan Constantino, President and CEO of Cerebral Palsy Associations of New York State.
“Guide Dog Users of New York is primarily eager to have consistent tactile edge markings at all subway stations. These small raised domes warn blind and visually-impaired people when they are nearing the platform edge and can save lives,” said David De Porte, President of Guide Dog Users of New York.
“We strongly support the quick enactment of both bills. An MTA Riders Council for People with Disabilities will give our community direct and sustained input to the MTA Board of Directors about making its entire system more friendly to wheelchair users and other aging and disabled passengers. Making subway elevator and escalator maintenance a higher priority is essential and long overdue. There is zero access to the subway system for our wheelchair-using members if elevators are always broken,” said Terence J. Moakley, spokesperson for the United Spinal Association.
“The NYC Chapter of the National MS Society fully supports legislation to create the MTA Riders Council for people with disabilities. Our members experience a variety of challenges using mass transit, including inaccessible subway stations, non-working elevators, inadequate signage, and dangerously large gaps between platforms and trains. As a result of these problems, people living with MS often cannot get to work or visit their families. It is crucial that people with disabilities have a voice on the MTA,” said Robin Einbinder, Executive Vice president of Programs and Services at the NYC Chapter of the National MS Society.
“We have long called for the MTA to increase elevator/escalator inspection, repairs and maintenance, as well as requiring a higher degree of accountability. We believe they also need to improve their communication with riders. Many passengers with disabilities refuse to use the subways because they are fearful of being stuck when an elevator/escalator is out of service,” said Edith M. Prentiss of the 504 Democratic Club.
“When people with disabilities believe they are able to travel safely and expediently on the subways, this saves the City and the MTA money. Both of these initiatives will help to increase the number of wheelchair users who ride buses and trains with confidence, thereby decreasing reliance on Access-A-Ride,” said Joe Rapporport of the Taxis For All Campaign.
“Elevator and escalator outages rank near the top among the myriad of barriers faced by persons with disabilities when attempting to use our mass transit system,” said Michael Harris, Executive Director of the Disabled Riders Coalition. “Sadly, the MTA has historically failed to recognize that we are fare-paying customers and deserve the same consideration as our non-disabled peers. Not only will this legislation force the MTA to address the issues of elevator and escalator maintenance, more importantly it will finally give riders with disabilities a seat at the table. I look forward to being in Albany on Monday where I hope to watch the Assembly pass this important legislation.”
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Congestion Pricing: The Public Deserved a Vote
April 24, 2008
As a supporter of congestion pricing, I was looking forward to having the opportunity to cast my vote in favor of the plan. I am disappointed that the plan never came to a vote on the Assembly floor.
While there were a number of flaws in earlier versions of the proposal – which I pointed out in my report on the issue – in the end the most serious concerns were addressed. I am particularly proud that three changes I advocated for made it into the final version of the bill: 1. Residential parking permits; 2. Dedication of any and all congestion pricing revenue to funding improvements in our mass transit system; and 3. Exemptions for people with disabilities who have disabled license plates or SVIP placards.
While it is true that there are thousands of bills every year that are not voted on – simply because there isn’t enough support – I believe that congestion pricing was different. After there has been intensive public conversation about a policy issue, the public deserves to see how their elected officials will represent them.
Traffic congestion remains a serious problem in New York City, and I remain committed to finding ways to reduce it and to better fund and improve our regional mass transit systems.
