Federal takeover sought as Rikers death toll mounts

From: POLITICO New York Playbook - Tuesday Nov 15,2022 12:28 pm

Nov 15, 2022

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After 18 deaths so far this year , the prospect of a federal takeover of Rikers Island jail complex is back on the table.

A judge gave the city a temporary reprieve earlier this year, after officials swore up and down to clean up their act at Rikers, not for the first time. Now plaintiffs in a longstanding federal lawsuit say the city has failed again, and they’ll be formally asking the judge to remove Rikers from New York City Mayor Eric Adams’ control and hand it over to a federal receiver.

The Legal Aid Society filed papers Monday saying they will submit a motion for receivership next month on behalf of the Rikers detainees it represents in the lawsuit, leaving the final decision in the hands of a federal judge. Federal prosecutors, on the other hand, who are also party to the suit, are holding off on backing a motion for now.

Rikers has been an albatross for every mayor in recent memory, but Adams is nonetheless fighting hard to keep the jail complex his problem. To him, a takeover would be a declaration of failure before he’s been given a chance to succeed. His administration claims improvements, like a rise in the number of correction officers showing up for work.

Yet the death toll is mounting, already exceeding last year’s total , and investigations have blamed a pattern of neglect: understaffed units, officers failing to do their rounds and supervise detainees, people jailed being denied medical care. Stabbings and slashings surged in the most recent fiscal year . The family of a man who died from asthma complications filed a lawsuit last week charging that when others carried him to a clinic for help, he was turned away.

Eight years after the feds sued the city over rights violations at Rikers, the Legal Aid lawyers say time should be up. "We can wait no longer. At this juncture, a receivership is necessary to protect not only our clients’ constitutional rights, but their health and safety,” attorney Kayla Simpson said.

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WHERE’S KATHY? In New York City with no announced public schedule.

WHERE’S ERIC? Speaking at the ribbon cutting for the Museum of Broadway, addressing the Democratic Mayors Association, touring an IBEW apprenticeship program, and speaking at a Summer Youth Employment Program event and the Apollo Theater’s In Conversation: Fat Joe.

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What City Hall's reading

“ New York City is down about 21,000 government workers ,” by City & State’s Annie McDonough: “New York City has lost more than 19,000 full-time employees over the past two years – a high level of municipal staffing decline not seen in more than a decade, according to a new report from state Comptroller Tom DiNapoli’s office. Attrition and problems hiring in the city’s full-time workforce are well documented — agency heads warn of the impact on service delivery, City Council members question the causes, municipal employees talk of burnout, and Mayor Eric Adams looks to some out-of-the-box solutions to temporarily bolster personnel numbers. But DiNapoli’s report puts a finer point on exactly what the city’s staffing shortage looked like as of this August.”

“ ‘Shut the F- Up’ Brooklyn Democratic Party Turns On Itself After Election Day Defeats ,” by The City’s George Joseph: “The Brooklyn Democratic Party’s leadership, facing harsh criticism after several incumbents were defeated in the increasingly red southern part of the borough, is firing back at elected officials. And those officials aren’t backing down, returning that fire in increasingly tense exchanges. In an internal email sent on Friday night to the Brooklyn Democrats’ executive committee, the party’s executive director suggested that Southern Brooklyn elected officials, many of whom have questioned the party leadership’s competence, were themselves to blame for the incumbents who fell short or may do so in races that are still yet to be called.”

“ Mayor Adams overhauls NYC’s embattled rental assistance program, but holds on to shelter rule slammed by advocates ,” by New York Daily News’ Chris Sommerfeldt: “Mayor Adams announced a host of reforms to the city’s red tape-ridden rental assistance program on Monday — but stopped short of scrapping a decades-old rule that housing advocates say curtails access to the program. In a press conference at City Hall, Adams and his top housing advisers said the reforms will make it easier to benefit from the so-called CityFHEPS voucher program, which heavily subsidizes monthly rent costs for some categories of low-income New Yorkers. For starters, the administration is expanding eligibility by making CityFHEPS vouchers available to any single adult working a full-time minimum wage job, regardless of whether their income is slightly higher than 200% of the federal poverty level, Adams said.”

“ NYC Council weighs crackdown on lithium ion batteries used in e-bikes, amid scourge of fires ,” by WNYC’s Gwynne Hogan: “The New York City Council is considering a pair of bills that would tamp down on the sale of uncertified and refurbished lithium ion batteries used in many scooters and electric bikes, amid an ongoing surge in fires. During a public hearing Monday, members of the Council Committee on Fire and Emergency Management, considered a package of bills that would increase regulations over uncertified batteries, which are cheaper than laboratory certified ones and often used by delivery workers. One bill up for debate Monday was introduced earlier this fall by Council Member Osvaldo Feliz and would ban the sale of uncertified ebike and scooter batteries. Another proposed by Council Member Gale Brewer would ban the sale of second-hand lithium ion batteries that have been reconstructed or rebuilt.”

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WHAT ALBANY'S READING

“ Hochul says she wants to unify New York Democrats amid calls for chair’s ouster ,” by Spectrum’s Nick Reisman: “Gov. Kathy Hochul continued to defend embattled state Democratic Committee Chairman Jay Jacobs amid calls for him to step down after disappointing election results in a handful of key U.S. House races in New York. But Hochul also on Monday during a stop in Buffalo signaled she wants to unify the occasionally fractious Democratic Party in New York going forward. ‘I think this is a great opportunity for us to rebuild,’ Hochul said. ‘I've been governor for just over a year now, but now it's a chance for us to step back and make sure the Democratic Party is the powerhouse that it should be.’”

Zeldin in demand after putting New York Dems on the defensive , by POLITICO’s Joseph Spector: Zeldin is already being mentioned as a possible Republican National Committee chairman, after the Long Island congressman produced the closest governor's contest in New York since 1994. He proved he could run on a message of the economy and crime that resonated in a heavily blue state, his allies said. Zeldin consultant John Brabender said the candidate has been fielding calls from Republicans across the nation about potentially running for RNC chair. Ronna McDaniel, who currently holds the post, announced Monday she'd seek another term.

“ Regents debate worth of exams for high school graduation ,” by Times Union’s Kathleen Moore: “Members of the Board of Regents debated the value of the Regents exams Monday as part of an overall planned examination of the state testing system and graduation requirements that had been delayed due to the pandemic. ‘Maybe the Regents exams are not the be-all and end-all,’ said Regent Roger Tilles during a meeting that also included a presentation about how students graduate high school in other states and countries. ‘We have kids that can’t pass a Regents exam but pass all their courses. Should they be denied a future because they can’t pass a Regents test in one area?’ But the rigorous exams get students prepared for the future, argued Regent Catherine Collins.”

“ State government tourism dollars are slow to flow ,” by Capitol Pressroom’s David Lombardo: “A year after Gov. Kathy Hochul kicked off multiple initiatives to invest in New York’s tourism industry, two of the programs haven’t distributed any funds and hundreds of applicants have been deemed ineligible. As part of the $450 million commitment announced last November, the governor launched a $100 million Tourism Return-to-Work grant program, designed to help businesses rehire workers, and the $25 million Meet in New York grant program, which focuses on business-focused travel. As of September 13, about 59 percent of the 85 applicants for the Meet in New York program had been deemed ineligible and nearly 38 percent of the 689 applicants for the return-to-work program didn’t qualify. None of the eligible applicants have received state funds.”

#UpstateAmerica: Does Sasquatch live in Chautauqua County ? Impossible to know for sure.

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TRUMP'S NEW YORK

“ Judge appoints independent monitor to oversee Trump Org financial reporting in NY AG fraud suit ,” by CNBC’s Kevin Breuninger: “A New York court Monday appointed retired Judge Barbara Jones to oversee some of the Trump Organization’s financial statements as part of a lawsuit alleging widespread fraud by former President Donald Trump, his businesses and his family members. Both Trump and New York Attorney General Letitia James, who filed the sweeping fraud suit in September, had recommended Jones as their top pick to serve as independent monitor in the case. Jones, who stepped down as a federal judge in early 2013, has been involved in multiple Trump-related legal battles in recent years.”

“ No criminal charges expected against Rudy Giuliani after FBI raid, prosecutors say ,” by The Associated Press’ Larry Neumeister, Tom Hays and Eric Tucker: “Prosecutors in New York do not plan to bring criminal charges against Rudy Giuliani in connection with a probe into his interactions with Ukrainian figures, they revealed in a letter to a judge Monday. They said they made the decision after a review of evidence resulting from raids on his residence and law office in April 2021. Federal prosecutors ware investigating whether Giuliani’s dealings with figures in Ukraine in the run-up to the 2020 election required him to register as a foreign agent. Prosecutors said a grand jury probe that led to the issuance of warrants that resulted in the seizure of Giuliani’s electronic devices had concluded.”

“ Weisselberg family at center of Trump Organization trial in New York ,” by CBS News’ Graham Kates: “At the heart of the Trump Organization trial is a family — with a name other than Trump. Allen Weisselberg, the company's former chief financial officer, has entered a guilty plea in the case. His son Barry Weisselberg, who works for the company, has been mentioned dozens of times, as has Allen's wife Hilary. Barry’s ex-wife Jennifer has also been mentioned repeatedly, as well as their two school-aged children. The Weisselbergs, both sides in the case agree, lived large on the company dime.”

FROM THE DELEGATION

Senate Majority Leader Chuck Schumer speaks during a press conference.

Senate Majority Leader Chuck Schumer speaks during a press conference in New York, Sunday, Nov. 13, 2022. | Eduardo Munoz Alvarez/AP Photo

Schumer’s political prescription: More Pelosi, more bipartisan deals , by POLITICO’s Marianne LeVine and Burgess Everett: Chuck Schumer doesn’t want to mess with what brought Democrats their stunning midterm success. That means more deals — and maybe more Nancy Pelosi. When asked whether the speaker should stay on as House Democratic leader, the Senate majority leader was unequivocal: “I hope she does, I love her,” he said in a 25-minute interview with POLITICO on Monday. Fresh off his own reelection and in the hunt for a Georgia pickup next month — ending his historically productive, if frequently stressful, run atop a 50-50 Senate — the New York Democrat believes voters are actually paying attention to what his party is doing in Congress. While most of Washington focuses on abortion’s role in Democrats’ success this fall, Schumer sees new laws on gun safety, climate and other topics making a critical difference.

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AROUND NEW YORK

— A million overnight and weekend speed camera tickets have been issued in the three months since the cameras were turned on 24/7.

— New York City's mental health emergency program has become less effective .

— Bronx prosecutors threatened to walk off the job over poor working conditions.

— Bishop Lamor Whitehead plans to bring a raft of defamation suits against his critics.

— The city plans to launch a traffic study of Dumbo.

— Nine people were arrested outside City Hall as trans rights and anti-trans protesters clashed.

— The city wants to make an electric scooter rental program in the East Bronx permanent.

— Dozens of online ammunition dealers are making illegal shipments to New York residents and not keeping records of the transaction, according to the AG.

— Canisius College is dropping the use of standardized test scores for admissions.

— Saratoga County chipmaker GlobalFoundries is planning company-wide job cuts and a hiring freeze.

— Mayor Eric Adams said he hopes the feds or state will reimburse the city for services for new migrants now that “campaign season is over.”

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: Fox News’ John Roberts ... Robert Draper … AP’s Zeke Miller … Jen Palmieri … CNN’s Laura Bernardini … FT’s Silvia Sciorilli Borrelli … Alexandra Lippman … Emily Schlicting … Lee Cochran … Eugene Mulero

MAKING MOVES — Beth DeFalco is now deputy commissioner for public affairs at the city Department of Environmental Protection. She was formerly managing director at Tusk Strategies. … Cory Epstein is now senior vice president for Communications at Tusk Holdings. He was previously communications director at Transportation Alternatives. … Avery Cohen is now a vice president at SKDKnickerbocker. She most recently worked at the Pennsylvania House Democratic Campaign Committee and was first deputy press secretary to Mayor Bill de Blasio.

MEDIAWATCH — Sam Stein is now POLITICO’s deputy managing editor for politics, leading 2024 election strategy. He was previously White House editor. Read the announcement

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Real Estate

“ Glass Half Empty in Still Depopulated NYC Office Towers ,” by The City’s Greg David and Suhail Bhat: “The latest numbers on office occupancy dashed hopes that the number of workers in New York’s still-lagging business districts would increase as summer turned to fall. The Kastle Systems tracker of average weekday office occupancy in the region has been stuck at 47% for weeks. The share of workers showing up on an average weekday in Manhattan offices is believed to be a little higher, with the Partnership for New York City’s survey of large employers in September showing that 49% of office workers were at their desks. However, the Partnership also found only 9% of workers came to the office five days a week — a number that would likely be even lower if not for the big banks and Wall Street firms that have required full-time attendance.”

“ Migrant Job-Seekers Face Long Waits for Required Construction Safety Course ,” by The City’s Claudia Irizarry Aponte and Tanaz Meghjani: “On Staten Island, the wait list for day laborers seeking free health and safety training for construction jobs is hundreds of names long. Worker centers in Queens and Brooklyn are seeing three to five times the demand for scarce training slots, far exceeding availability. The backup for safety courses is adding yet another hurdle for recent South American immigrants, many of whom have never worked on a construction site before, striving to build lives in the city while awaiting hearings on asylum applications. By law, laborers can’t show up at a construction site without 30 hours of training and a card certifying completion of what are known as OSHA-30 and OSHA-10 courses.”

“ 28-Story East Harlem Affordable Housing Project Revealed By Developers ,” by Patch’s Nick Garber: “One of Harlem's biggest affordable housing developments in years could rise on a corner near the Park Avenue Viaduct, which a developer wants to rezone for a 28-story apartment tower. One of Harlem’s biggest affordable housing developments in years could rise on a corner near the Park Avenue Viaduct, which a developer wants to rezone for a 28-story apartment tower.”

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