Defending the Rights of Animal Care & Control Volunteers
September 1, 2010
Animal Care and Control of New York City (ACC) is the organization responsible for operating our city’s animal shelters. Many dedicated New Yorkers serve as volunteers at ACC facilities, giving their time to help care for homeless and neglected animals. Unfortunately, there have been reports from some volunteers of substandard conditions at ACC shelters, including allegations of animals wallowing in their own waste, cats and kittens going without food and water for extended periods of time, dogs not being properly socialized, ongoing killing of healthy animals, and failure to treat medical conditions.
I was deeply disturbed to learn that ACC has now instituted new volunteer policies apparently intended to silence such complaints. The new policies state, among other things, that volunteers may not “publicly criticiz[e]” or cast the agency “in a negative light.” These policies violate volunteers’ constitutional rights, and are clearly inconsistent with court decisions protecting whistleblowers and establishing that the opportunity to serve as a volunteer is a protected government privilege.
I am calling upon Mayor Bloomberg and New York City Health Commissioner Dr. Thomas Farley, who effectively control ACC, to have this policy repealed immediately. I have also asked City Comptroller John Liu to meet with me to discuss what steps can be taken to provide additional oversight of ACC, to ensure that volunteers are being treated fairly and that allegations of substandard conditions at ACC shelters are handled properly.
Copies of my letters to Mayor Bloomberg, Dr. Farley, and Comptroller Liu are below.
Letter to Mayor Bloomberg re: Animal Care & Control
Letter to Comptroller Liu re: Animal Care & Control
Governor’s Veto Is Not the End for RIOC Reform
August 31, 2010
In June, I reported that my legislation to reform the Roosevelt Island Operating Corporation (RIOC) had passed the Assembly. I am incredibly disappointed that Governor Paterson has now vetoed this legislation — and I vehemently disagree with the reasons he has given for his veto. By passing the reform bill with overwhelming margins, the legislature clearly communicated its intent that RIOC should be more open and accessible, and that Island residents should have a greater say in the Island’s decision-making process. RIOC’s decisions have a vastly bigger impact on Island residents than on anyone else, and the needs of those who live on the Island should outweigh the abstract concerns expressed by the Governor in his veto message.
By rejecting these common-sense measures, the Governor has set back the cause of open government and public authorities reform. Nonetheless, I will not stop fighting to open up RIOC and make it more accountable to the Island residents it serves. I will bring these reforms back as many times as it takes to make them a reality.
A copy of the Governor’s veto message is below.
Governor’s Veto of RIOC Reform Bill
Discussing Oreo’s Law on DogsinDanger radio show
August 25, 2010
Last Sunday I was interviewed by Alex Aliksanyan and Brenda Bush on the DogsInDanger radio show to discuss my bill, Oreo’s Law. I have blogged extensively about the tragic case of Oreo, an abused dog who was killed despite her rescue by the American Society for the Prevention of Cruelty to Animals (APSCA). In response to Oreo’s death, I introduced legislation (A.9449) to close a loophole in our animal protection laws. My bill will allow qualified animal welfare organizations the right to request animals be given to their care when a shelter is planning to euthanize them. Click here to listen to the audio file of the interview, which aired on Sunday, August 22nd on AM970 the Apple NY.
Hailing An Accessible Tomorrow
August 17, 2010
As I have often discussed, I am a strong advocate for making New York City’s taxi fleet 100% accessible to people with disabilities. Now that the New York City Taxi and Limousine Commission is deciding which vehicle to choose as the “Taxi of Tomorrow,” we have a great opportunity to ensure that our city’s next generation of taxicabs is accessible to all. Today, the New York Daily News published my op-ed in favor of seizing this chance to make New York the world capital of accessibility. You can read the op-ed below.
‘Taxi of Tomorrow’ needs to be accessible to all
Governor Honors Elle Vandenberghe, Signs Elle’s Law
August 16, 2010
I introduced Elle’s Law in honor of 3-year old Elle Vandenberghe, who was struck by a motorist while she was on her way to school on the Upper East Side in September 2009. After the incident, Elle lay in a coma for two weeks; she suffered a stroke and lost two-thirds of the left side of her brain. The driver who struck Elle was illegally backing through an intersection—against a red light—in search of a parking space. Although the motorist displayed a blatant disregard for pedestrian safety and consequently left Elle permanently disabled, he was issued only a minor traffic infraction, paid a small fine and was free to get back behind the wheel, subject to no further penalty. Elle remains in physical therapy.
Elle’s Law gets dangerous drivers off the road by creating new penalties for drivers who injure pedestrians while violating traffic laws. I am tremendously proud to announce that on Friday, Governor Paterson signed Elle’s Law into law.
What happened to Elle Vandenberghe was both a tragedy and an outrage. It was unbelievable that a reckless driver could do so much harm and yet still be free to get right back behind the wheel with nothing more than a slap on the wrist. Elle’s Law will make irresponsible drivers think twice before doing something dangerous.
Under Elle’s Law, any driver who causes serious physical injury to another person while committing a traffic violation will have his or her license suspended for a period of six months. Drivers who have been involved in any similar incidents within the previous five years will have their licenses suspended for a full year.
According to data from the New York State Department of Motor Vehicles, in 2008 nearly 5,000 New Yorkers were injured because of a driver’s violation of the state’s vehicle and traffic laws. Only 2% of these violations resulted in criminal charges, leaving thousands of New Yorkers and families with no legal recourse. Prosecutors are unable to charge drivers who seriously injure innocent pedestrians under the existing Vehicular Assault laws, even when the serious injury was the direct result of the driver’s moving violation, unless it can be proven that the driver was under the influence of drugs or alcohol. Because criminal charges are almost never possible, prior to Elle’s Law no effective sanction existed for drivers who injured pedestrians while violating traffic laws. Elle’s Law closes this loophole by creating a mechanism to punish these reckless drivers—suspending their licenses so that they cannot simply get back on the road.
Sadly, no law can undo what happened to Elle Vandenberghe, but we can ensure that in the future our streets are safer by getting dangerous drivers off the road and stopping thousands of unnecessary tragedies like Elle’s before they happen. By signing Elle’s Law the Governor turned this little girl’s tragedy into a legacy: making it safer for every New Yorker to cross the street.
Bringing the East River Esplanade Back to Life
August 13, 2010
The East River Esplanade should be one of our community’s treasured public spaces, yet currently it is in appalling condition—in fact, the seawall is disintegrating into the river, causing sinkholes and cracks in the asphalt that expose the river below. These hazards are multiplying, making the esplanade an increasingly unsafe and unattractive place for pedestrians.
Clearly it is time for a comprehensive effort to fully revitalize the esplanade, rather than simply putting band-aids on individual problems.
To address the rapidly deteriorating state of the esplanade north of 63rd Street, I along with Council Member Jessica Lappin and Representative Carolyn Maloney recently formed an East River Esplanade Task Force. Last month, we met with the New York City Parks Department to discuss the current conditions of the esplanade, the areas that have the most urgent needs, and what cosmetic repairs can undertaken immediately to improve the area while longer-term structural work is being performed.
By coming together with the Parks Department and other stakeholders, and working to identify available funding at the Federal, State, and City levels, we are taking important steps to bring the esplanade into a state of good repair.
I look forward to working with the task force and the community to bring much needed improvements to the often overlooked Upper East Side waterfront, transforming it at last into the kind of valuable and well-maintained public space that East Siders deserve.
Video Shows TLC’s Failure to Require Accessibility for NYC Cabs
July 27, 2010
Recently, I posted about the hearing I held on July 14th focusing on the need for New York City’s taxi fleet to be completely accessible to people with disabilities.
Below is a video clip from the hearing, in which Taxi and Limousine Commissioner David Yassky discusses how the TLC’s Taxi of Tomorrow Request for Proposal (RFP) does not make accessibility a requirement in vehicle designs, only a goal. My bill (A.7842) would mandate a 100% accessible taxi fleet by requiring that after June 30, 2011, taxi owners may put only accessible cabs into service when replacing old vehicles.
You can access video footage of the entire hearing here.
Hearing Exposes Failure of TLC to Make Cabs Accessible
July 16, 2010
I have always been a strong proponent of making New York City’s taxi fleet 100% accessible to people with disabilities. In June of 2009, I released my report Stranded, which documented the failure of the New York City Taxi and Limousine Commission’s central dispatch pilot program. My report Not For Hire exposed the failure of a TLC rule requiring for-hire vehicle (FHV) companies to offer equivalent service to customers using wheelchairs. I have blogged extensively about my work to make an accessible taxi fleet a reality.
On Wednesday I held a hearing with the Assembly Committee on Cities, Committee on Corporations, Authorities and Commissions, Committee on Transportation, and the Assembly Task Force on People with Disabilities, focusing on the need to achieve a fully accessible taxi fleet, and on my legislation (A. 7842) to mandate that after June 30, 2011, taxi owners may put only accessible cabs into service when replacing old vehicles.
At the hearing, Taxi and Limousine Commissioner David Yassky admitted that the TLC’s central dispatch pilot program was a failure. Back in December 2007, I wrote an Op-Ed in the New York Post raising concerns about the program. Unfortunately, my predictions proved correct. Now that this two-year pilot program has ended, the TLC has no way of getting accessible taxis to the people who need them. Until there are more accessible taxis on the road, the nearly 60,000 people with disabilities in New York City will continue to be left stranded- and as it stands, the TLC still has no firm plans to provide equal service for customers with disabilities.
As the hearing highlighted, the Commission’s plans for a “Taxi of Tomorrow” fail to include any guarantee of accessibility. The TLC’s Taxi of Tomorrow Request for Proposals (RFP) only makes accessibility a goal, not a mandate. Without such a mandate, the door is left open for accessibility criteria to fall by the wayside when determining the vehicle chosen for the Taxi of Tomorrow initiative. Accessibility should be a requirement, not a goal.
Kellner RIOC Reform Bill Passes Assembly
June 29, 2010
The Roosevelt Island Operating Corporation (RIOC) is responsible for decisions that have a huge impact on the lives of Roosevelt Island residents — from housing to transportation, parks, sanitation, and more. Islanders know that the Island only works when RIOC is accountable and responsive to the community. This is why I introduced legislation to reform RIOC, opening it up to greater community input. I’m pleased to announce that my RIOC reform bill passed the Assembly today.
This bill means that Islanders will have a greater role in the governing process—it opens up the corporation to the public and establishes the principle that Island residents must have a say in how the Island is run.
The legislation gives the public a role in the process of hiring the RIOC President — requiring the Board of Directors to consider at least three candidates for the job and to hold hearings allowing members of the public as well as Board members to interview the candidates. It requires that meetings of the Board of Directors be subject to the state’s open meetings law, and specifies that members of the public must have an opportunity to comment on all agenda items before the Board votes on those items.
The bill also provides that two of the public members of RIOC’s Board of Directors will be chosen upon the recommendation of the Speaker of the Assembly and the Temporary President of the State Senate—who will make their suggestions based on consultation with the local member of the Assembly and the Senate, ensuring input for the elected officials who are most answerable to Roosevelt Island residents.
The bill’s passage is a victory for Roosevelt Islanders — a clear affirmation of residents’ right to be part of the Island’s decision making process.
A Victory for Students: Gifted & Talented Program at PS/IS 217 Is Saved
June 23, 2010
I am pleased to announce that we will continue to have a gifted and talented (G&T) program at PS/IS 217 on Roosevelt Island next year. After the Department of Education announced that there would be no incoming G&T kindergarten class at the school next year, I along with Council Member Jessica Lappin worked with parents to save the program. Now that next year’s kindergarten class has been secured, we will seek to expand the program to make it citywide — bringing some of New York City’s brightest students to Roosevelt Island and securing the Island’s gifted and talented program for the long term.
Below is a joint statement from myself and Council Member Lappin about this exciting news:
“It is with great joy that we are able to announce that the Roosevelt Island gifted and talented program has been saved. Two weeks ago, the Department of Education unilaterally announced that the program would not be accepting a class of kindergarteners for next year. This was the wrong decision and our offices immediately began working with parents and school officials to make it right. At a meeting with us and parents on June 11, the DOE committed to maintaining the program if at least 18 students could be found who were interested in attending. Our offices worked with parents from Manhattan, Queens, and Roosevelt Island to spread the word and recruit families for this program.
“We are pleased to say that as of today, there are 18 students enrolled in the program. There will definitely by a new G&T kindergarten class on Roosevelt Island next fall.
“This is a huge victory for parents who worked so hard and who refused to take no for an answer. More than that, this is a victory for the families who will now have a first-rate gifted and talented program for their children this fall.
“We’d especially like to commend PTA President Nikki Leopold, Principal Mandana Beckman, and Elizabeth Rose of the DOE for their efforts to preserve the G&T program on Roosevelt Island. This is excellent news and we look forward to continuing to watch the G&T program on the Island grow and thrive in the years to come.”
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My community office is here to help you.
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New York, NY 10065
Tel 212-860-4906
Fax 917-432-2983
Email KellnerM@assembly.state.ny.us
