With assist from Shawn Ness
Two lawsuits that would decide the way forward for ethics enforcement in New York have superior within the courts in latest weeks.
Both has the potential to ship lawmakers again to the drafting board on Gov. Kathy Hochul’s signature good-government accomplishment — and one may decide whether or not ex-Gov. Andrew Cuomo will take a $5 million hit to his checking account.
Each fits contain the distinctive construction of the Fee on Ethics and Lobbying in Authorities that was created in Hochul’s 2022 finances. Just like the oft-maligned Joint Fee on Public Ethics (JCOPE) that preceded it, a lot of the members are chosen by the elected officers whose conduct is policed by the fee.
However Hochul added an extra twist. There’s a panel run by legislation faculty deans that should log off on the appointments.
Cuomo’s case, in the meantime, got here after the brand new fee took steps to proceed a JCOPE probe into whether or not he used state assets to writer his memoir on the pandemic. JCOPE had tried to power him to forfeit the $5.1 million he was paid for the e-book.
The ex-governor argued that the fee’s construction runs afoul of separation of powers beliefs — it might examine the chief department, however the governor has solely a minority of commissioners and even these are formally appointed by the panel of deans. An Albany County choose sided with Cuomo in September and mentioned the fee is unconstitutional.
A mid-level appellate court docket granted a keep that allowed the fee to live on. It heard arguments in Cuomo’s case final month, and a call might be handed down within the coming weeks.
The opposite lawsuit happened after the panel of deans blocked Senate Minority Chief Rob Ortt’s number of Gary Lavine on the grounds that his earlier expertise as a JCOPE commissioner “has negatively formed his expectations relating to the brand new fee.”
Lavine argued in a go well with that the state is “not allowed to delegate the affirmation energy to any entity aside from the Senate” based mostly on his learn of the state structure, mentioned Brian Ginsberg, a Harris Seaside legal professional representing Speaker Carl Heastie within the case.
However Ginsberg mentioned that “tons of of years of constitutional follow and priority” have backed up the power of the Legislature at hand energy off to a screening fee like this one, and Lavine misplaced final 12 months.
However that case can also be transferring ahead. Last briefs had been submitted to a Rochester-based appellate court docket final week, and oral arguments are scheduled April 8.
With the 2 instances on related timetables, there’s an opportunity there might be conflicting appellate choices on the fee’s constitutionality, guaranteeing that the Court docket of Appeals will weigh in on that topic within the close to future.
And it’s a secure wager the losers will nonetheless ask the state’s high court docket to contemplate their instances even when the appellate courts come to related conclusions. — Invoice Mahoney
BLAZING A TRAIL: Hochul introduced immediately a brand new on-line timeline in celebration of New York State Parks’ Centennial.
The timeline might be organized by eight chronological eras, and, as of proper now, the primary two eras are up and working. The primary two eras are “Laying the Basis: 1850-1924,” and “Adopting The Park Plan: 1924-1929.” The remainder of the installments might be added all year long.
“The New York State Parks Centennial is the proper alternative to discover the wealthy historical past of our parks and historic websites,” Hochul mentioned in a press release. “Native leaders, philanthropists, companies and folks from throughout this state labored collectively to create a nation-leading parks system that has grow to be one among New York’s most cherished leisure and cultural treasures.”
This system will make the most of images, illustrations, work, paperwork, archived footage and maps to inform the story of New York’s parks.
The timeline is one among 5 initiatives launched to rejoice the centennial of the nation’s oldest parks system. The others encompass an exhibit within the Capitol tunnel; the “Share Your Story Challenge;” the Centennial Problem and the discharge of a merchandise assortment.
“When folks expertise ‘Blazing A Path,’ they’ll acquire an understanding of the forces that formed the park system we all know and love immediately and a better appreciation of this public treasure,” Randy Simons, the commissioner professional tempore of the Workplace of Parks, Recreation and Historic Preservation, mentioned in a press release. — Shawn Ness
SUBWAY SHOOTING: Whereas ostensibly hitting the airwaves this morning to focus on a brand new settlement between the administration and an influential building union, Mayor Eric Adams ended up speaking so much a couple of capturing on the subway yesterday afternoon, when a scuffle on a Brooklyn A prepare ended with one individual shot within the head and in important situation.
As subway security has grow to be a political sizzling potato as of late, Adams talked up his administration’s latest efforts to bolster NYPD ranks underground. He additionally referred to as on state lawmakers to strengthen Kendra’s Regulation, the statute that enables officers to involuntarily commit somebody deemed to be having a psychological well being disaster.
“On the coronary heart of this, if you happen to do an evaluation … we’re coping with far too many individuals in our system which are coping with extreme psychological well being sicknesses,” Adams informed PIX 11. “And that’s the reason our pursuit to do involuntary removing in Albany and strengthening the Kendra’s legislation is so necessary proper now.”
Whereas Adams didn’t point out Kendra’s Regulation throughout his annual journey to Capitol earlier this 12 months to stipulate the administration’s state legislative priorities, his workplace mentioned he has searched for years to make clear a number of parts of the legislation that might make it simpler for his administration to intervene when officers deem somebody can not look after themselves.
In the meantime, the person who shot one other man on the subway seems to have acted in self protection, prosecutors mentioned. — Joe Anuta
TENANT PROTECTION: The Adams administration launched a multi-agency initiative immediately aimed toward defending New York Metropolis tenants.
The brand new “Tenant Safety Cupboard” will facilitate coordination throughout about two dozen businesses and workplaces to assist guarantee renters are linked to assets they want, increase underutilized tenant providers and develop insurance policies to make it simpler for tenants to entry assist.
The cupboard might be co-chaired by Maria Torres-Springer, the deputy mayor for housing and Leila Bozorg, the chief director for housing
“Houses are greater than brick and mortar — they’re locations the place New Yorkers who lease can construct their American Desires. Collectively, this cupboard will work to ship reduction for tenants and working-class New Yorkers,” Adams mentioned in a press release. — Janaki Chadha
LEAVE IT BLANK: Two former candidates for workplace in New York Metropolis and different organizers this week launched the Go away it Clean NY marketing campaign to encourage voters to solid clean ballots in New York’s major election in protest of President Joe Biden’s dealing with of the Israel-Hamas battle.
“Inform Biden ‘Depend me out for genocide,’ submit a clean poll on April 2nd,” the web site mentioned.
New York doesn’t have the choice of write-ins on its poll, so the workaround is to solid clean ones.
The marketing campaign is paid for by Hesham El-Meligy, a Democrat who ran for New York Metropolis comptroller in 2013, and Brittany Ramos DeBarros, a Home candidate in Staten Island below the Working Households Get together in 2022.
“As Democrats, we all know how a lot is at stake within the upcoming normal election, and are deeply involved by the 1000’s and 1000’s of voters who we all know are very upset about the truth that Biden has continued to dam worldwide efforts for a cease-fire,” DeBarros informed Playbook.
DeBarros, a U.S. Military veteran who served in Afghanistan, warned that Biden’s place on the battle in Gaza may price Democrats in November.
“It was devastating to be on the bottom in battle and to look at households and folks flee me and folks with me out of absolute terror due to what had been a decade of battle,” she mentioned. “And once I take a look at the movies or the images that I’ve seen in Gaza, I keep in mind these seems that individuals had when fleeing or getting gunned down as they’re simply making an attempt to get flour to outlive or humanitarian help.”
DeBarros hopes that within the subsequent two weeks or so they’ll have an operational telephone financial institution. She mentioned she has talked to organizers in Minnesota who ran profitable telephone banks for related campaigns and spent round $15,000, which is what she is aiming for with Go away it Clean NY.
The marketing campaign has been modeled after ones for voters to solid their votes as “uncommitted” in locations like Michigan, Minnesota, Washington and Hawaii. — Shawn Ness
MEDICAID CONCERNS: Almost 100 affected person teams and neighborhood well being advocates despatched a letter to Hochul demanding she deal with what they deem as a Medicaid funding disaster.
They’re calling for her to lift the reimbursement charge for hospitals and nursing properties.
Almost 4.2 million New Yorkers are on Medicaid. Based on the NY State Alliance for Healthcare Justice, the state is paying hospitals 30 p.c lower than the precise price of care and 24 p.c much less for nursing properties.
The push comes as lawmakers and Hochul are at odds over Medicaid funding forward of the April 1 begin of the fiscal 12 months. Medicaid is the biggest piece of the state finances when federal funding is included.
“For many years, Medicaid underpayments have created unacceptable well being disparities among the many susceptible folks we serve, particularly within the Latino neighborhood, the place we face worse well being outcomes, shorter life expectations, and better charges of toddler mortality,” Roxanne Marin, the regional director of Centro Civico in Albany, mentioned in a press release.
The teams mentioned Medicaid’s underfunding negatively impacts these of Black and Latino communities, specifically. — Shawn Ness
MIN WAGE LAMENT: Advocates who’re pushing for a change within the state’s minimal wage legislation had been dissatisfied the Democratic-led Legislature didn’t embody a increase for tipped staff of their finances resolutions this week.
The shortage of assist for the availability from the state Senate and Meeting doubtless places a damper on the measure being included in a last finances settlement by the tip of month. However supporters are nonetheless holding out hope.
“We urge Governor Hochul to assist the inclusion of the invoice within the last finances,” Saru Jayaraman, the president of the One Honest Wage coalition, mentioned in a press release. “New Yorkers deserve predictable and secure wages for his or her laborious work.”
Enterprise organizations have pushed again on efforts to hike the minimal wage this 12 months, together with for counties north of Westchester. The tipped wage in New York ranges from $10 money wage plus a $5 credit score for meals service staff upstate to $10.65 money wage and a $5.35 credit score within the New York Metropolis space. — Nick Reisman
— Brooklyn, the Bronx and Queens ranked within the high six nationally for dropping essentially the most residents to different states in 2023. (POLITICO PRO)
— Sen. Tim Kennedy obtained an endorsement from Legal professional Normal Tish James for his congressional bid. (Buffalo Information)
— The New York Thruway is making ready for the eclipse. (Democrat and Chronicle)