Speaker Melissa Mark-Viverito Delivers 2017 State of the City Address
Mark-Viverito: "Insteading of succumbing to the current forces attempting to silence the most vulnerable and diminish America's core values, we are laying out an ambitious agenda that empowers all of our communities.
In the Speaker's State of the City address, which was simultaneously broadcast in Spanish, Mandarin Chinese and French, Speaker Mark-Viverito outlined a bold vision for
1. Protect Our Immigrants
2. Double Down on Criminal Justice Reform
3. Support Women's Reproductive Rights
4. Improve Educational Outcomes for All Students
5. Strive for Racial and Gender Equity in
6. Address Food Insecurities for All New Yorkers
7. Strengthen Small Businesses through Innovative Reforms
8. Protect and Support Tenant Rights
9. Invest in Our Public Housing Residents
10. Collaborate with Municipal Legislative Leaders Across the Country
PROTECT OUR IMMIGRANTS
"We will not abandon our immigrant communities. They are members of our
Accordingly, over the past several years the Council has passed legislation that significantly limits the circumstances under which the
For 2017, the Council is proposing a comprehensive package of legislation that will further strengthen our commitment to keeping the City's immigrants and all New Yorkers safe, secure and prosperous.
Enhancing the
Expand MOIA's Role. Addressing the needs of immigrant New Yorkers has never been more critical. The rapid rate at which federal immigration policies are likely to change creates a need for additional support for immigrant New Yorkers, as well as the agencies that serve them.
The Council will expand the role of the
The Council will also create at least one MOIA-run "
Limiting Cooperation with Immigration Enforcement Efforts
Prohibit Law Enforcement from Acting as Immigration Officers. In
The Council will expand on that work now by passing legislation that limits the
The Council will also pass legislation that bars the
Block Access to Certain Areas of City Property. The recent escalation of dragnet immigration enforcement nationally makes clear that law-abiding undocumented immigrants are at high risk for deportation. The threat of ICE raids has caused immigrants to forego healthcare and City services for their families out of fear that they will be especially vulnerable to immigration enforcement activities on government property.
The Council will pass legislation prohibiting City agencies from granting immigration authorities access to areas of City property where public access is normally restricted, unless they have a judicial warrant. For publicly-accessible areas, signage with immigration enforcement-related "Know Your Rights" information will be prominently posted in multiple languages.
Blocking Access to DOE Schools, Students, and Records. Despite a longstanding
The Council will therefore require the
The Council will also require that the
Criminal Justice Reform
Disorderly Behavior. Federal immigration authorities prioritize individuals who have had contact with the criminal justice system for deportation, no matter how minor the offense. In fact, a recent presidential executive order made those who have ever been arrested a priority for removal, even if they have not been convicted of any crime. Given the disproportionately negative consequences associated with arrests and convictions for low level, non-violent offenses, it is crucial that local law enforcement, prosecutors, and judges have tools at their disposal to avoid this result.
The Council will therefore pass legislation that creates "Disorderly Behavior," a
Establishing Data Privacy Standards and Protocols
Personal Information Confidentiality. Individuals provide their personal information to the City with the expectation that it be kept confidential. For immigrant communities, honoring that expectation creates the bedrock of trust that allows immigrants to feel assured that engaging with City agencies, schools, and law enforcement will not put them at increased risk of deportation. The
The Council will therefore require that every City employee and contractor protect sensitive information like sexual orientation, religion, and immigration status by limiting its disclosure, except where required by law. Further, the Council will require that each agency review its data collection, retention and disclosure policies so that, going forward, the City collects only what is necessary to efficiently provide quality services.
Create the Confidential Information Division within the
The Council will create a team of experts within the
The team will also guide agencies as they update their confidential information policies, as well as review requests for disclosure of personal information and determine what information, if any, may be released. Additionally, this unit will process all immigration detainer requests received by the City. The centralized processing of these requests will ensure full and consistent compliance with federal, state, and local laws.
Buildinging a
Sanctuary City Convening.
The Council will therefore convene legislative leaders from Sanctuary Cities to identify mutual goals and concerns, discuss best practices, and develop a unified messaging and advocacy strategy.
DOUBLE DOWN ON CRIMINAL JUSTICE REFORM
"The idea is simple: cut red tape, remove inefficiencies, and stop the churn of detainees- primarily young men of color, from unnecessary and harmful incarceration." - Speaker Mark-Viverito
For 2017, the Council is proposing a wide-ranging slate of reforms to continue to promote fairer outcomes in our criminal justice system, reduce pre-trial incarceration rates and support community-based justice.
Promoting Fairer Outcomes
Clear low level, nonviolent Summons Warrants. The Council will work with
There are at least 1.5 million active arrest warrants solely for low level, non-violent summonses in the City, approximately half of which are over 10 years old. State law requires the
The Council will work with the
Establish a Conviction Integrity Unit in
Seal Certain Older Criminal Records. The Council calls on the State to seal certain types of criminal records. A permanent record of a criminal conviction can continue to affect a person's employment opportunities, benefits eligibility, immigration status, and financial aid, among other things, long after the individual has paid their debt to society. The State should follow the leads of other states like
Reducing Pre-Trial Incarceration Rates
Decrease Admissions to Rikers by Reducing Bail Processing Time. The Council will pass legislation requiring the DOC to accept cash bail at or near all courthouses, and to release those who post bail within a few hours. This legislation will reduce the length of pre-trial detention, cut the costs of jailing defendants, and limit the negative collateral consequences that may accompany incarceration, including loss of employment and housing.
Those criminal defendants who can post bail often face unnecessary barriers to doing so, which can result in needless incarceration. Part of the reason this occurs is that once a judge sets bail on a defendant, that defendant's friends and family have a very limited period to post bail before the defendant is sent to Rikers for the intake process. Once detained, a defendant may be unable to post bail for 24 hours or more due to such inefficiencies as DOC's antiquated paper system for tracking inmates. The time you have to make bail before being sent to jail should not be dependent on when the next bus to Rikers is leaving the courthouse.
Support True Diversion Programs. The Council will work with District Attorney
Jail is not the answer to addiction. Yet many New Yorkers who suffer from substance abuse often cycle through the criminal justice system without being offered the means to address their underlying health issues. Law Enforcement Assisted Diversion (LEAD) programs allow police officers to re-direct low level offenders to community-based support and treatment services, instead of jail and prosecution.
Raise the Age.
Expand Alternatives to Pre-Trial Incarceration for Adolescents and Young Adults. The Council will work to increase alternatives to pre-trial incarceration, specifically targeting 16-19 year-olds and providing the enhanced supervision these individuals need. The City currently operates a successful supervised release program that is on pace to divert at least 3000 individuals from pre-trial detention. Sixteen to nineteen year olds are at a crucial age of development in their lives, where just one visit to Rikers can put them on a destructive path that leads back to jail and into a cycle of recidivism from which they may never escape.
Supporting Community-Based Justice
Establish Neighborhood Justice Panels. The Council will work with District Attorney
Misdemeanors and other low-level offenses are typically handled in a mechanical fashion, with outcomes that often do not relate to the nature of the offense itself. Victims rarely receive any compensation or other restorative gestures, and the offender may not see the effects of their acts on their community. Using the model of a
SUPPORT WOMEN'S REPRODUCTIVE RIGHTS
"When equal rights come under attack, when women are threatened, and when it seems as though we are being plunged back into the dark ages...We march. We protest. We come together. And we unite to beat back the blunt forces of ignorance, sexism and misogyny." - Speaker Mark-Viverito
Access to vital healthcare services, including birth control and abortion, are essential to the well-being of women and families. As was decided by the
Unfortunately, our constitutional rights are under threat by the federal government, as are the gains made by the ACA. We must secure these rights for women in
The Council will fight to protect a woman's constitutional right to control her own body by:
Ensuring Access to Free Birth Control for All Women in
The Council will work to provide all women in
Advocating for State Passage of the Reproductive Health Act. The State's Reproductive Health Act would provide important safeguards by aligning
IMPROVE EDUCATIONAL OUTCOMES FOR ALL STUDENTS
"We are a City that embraces our differences and celebrates diversity, and we will teach our children the same." - Speaker Mark-Viverito
The Council recognizes that the educational outcomes of the City's public school students are dependent on multiple factors - from the role models they learn about in history class, to the amount of individualized instructional time they receive from their teachers, to the way they understand their own bodies and health. If we want to ensure our students are well prepared for the future, we must take a multi-pronged approach to provide them with a solid educational foundation.
The Council will demonstrate its commitment to improving our children's futures by providing educators with the resources they need to discuss diversity and equality in a culturally competent manner; engaging students in dialogue about the ill effects of cyberbullying; addressing school planning, siting, and overcrowding, so that students can receive the individualized attention they need to learn and grow; and advocating for comprehensive sexual health education, so that our children have the knowledge they need to lead healthy lives.
The Council will act to strengthen and support education for all students by:
Promoting Culturally Responsive Education and Encouraging Tolerance. Our students' education should reflect their identity and experiences so that they feel connected to what they are learning, are inspired by role models, and understand inclusion and acceptance. Unfortunately, most curricula do not consider all students' backgrounds, and instances of cyberbullying are on the rise. We must send a message to our students, particularly those in marginalized groups, that in our City, all identities are valued and deserve respect. The Council will act to support our teachers and students in this endeavor by:
* Allocating more than a half of a million dollars to expand the Critically Conscious Educators Rising Series, a program that offers professional development on culturally responsive education to teachers. Through this initiative, approximately 360 educators in 180 public schools will examine privilege, racism, and classism as those concepts relate to education, and develop strategies to make their lessons culturally responsive.
* Supporting new teachers by collaborating with Border Crossers, an organization that provides training focused on talking about race in the classroom and addressing unconscious bias. Through this partnership, Border Crossers will provide training to aspiring educators on how to talk about race in a culturally responsive manner.
* Calling upon
* Co-hosting anti-cyber-bullying events across the City. Students who are cyberbullied are more likely to skip school, withdraw from activities, and have lower self-esteem. In 2016,
Advocating for Comprehensive Sexual Health Education for all Students in all Grades. Comprehensive sexual health education is connected with positive educational outcomes for students; yet, many
Re-Imagining the School Planning and Siting Process. School overcrowding has a significant impact on student outcomes, and is a serious and growing problem in many of the City's neighborhoods. As the student population increases, the current planning and siting process has struggled to keep pace. To address this problem, the Council will create an internal working group to study the issues of school planning, siting, and overcrowding. The working group will consult with experts in the fields of school planning and real estate, review best practices from other cities, and develop a policy report with recommendations. The working group will consider issues such as improving coordination between city agencies; amending the formulas used to gauge overcrowding so that they more accurately capture needs; rethinking the CEQR methodology to more adequately forecast seat needs; examining school assignment policy; creating incentives for developers to include new schools in large housing developments; and exploring alternative methods for school siting.
STRIVE FOR RACIAL AND GENDER EQUITY IN
"So, whether you are transgender or gender non-conforming, an immigrant or a person of color... or someone whose voice has been marginalized or silenced, we must do a better job of providing equitable services to all New Yorkers." - Speaker Mark-Viverito
The Council has worked over the last three years to address structural inequity through supporting such measures as the Criminal Justice Reform Act, the Young Women's Initiative, the Nurse Family Partnership Program, and year-round and summer jobs to provide our City's youth with opportunities for a brighter future.
There has also been an effort to reduce disparities based on race and gender at the
By recognizing how our City can combat racial and gender disparities, we can target our programming and resources, and be even more effective at fighting against hunger, educating our children, and reducing incarceration rates.
The Council will act to support racial and gender equity by passing legislation that will:
Require City agencies to complete racial and gender assessments. Certain City agencies like DOHMH will be required to complete racial and gender assessments of their services and programs, employment practices, contracting practices, and budgeting. The first step in combating racial and gender disparities is to identify where they exist, so that agencies can work to address these gaps.
Require City agencies to set racial and gender equity goals and develop action plans to achieve these goals. Certain City agencies will be required to set goals to address the findings of their racial and gender equity assessments, and to prepare an action plan to achieve these goals.
Create a racial and gender equity committee. The Committee will advise the City with respect to the nature and scope of racial and gender equity assessments, and the development and implementation of racial and gender equity action plans.
Require City agencies to provide equity training. Certain City agencies will be required to provide their employees with trainings on implicit bias, structural racism, cultural competency and gender inequity, and on how these factors impact their work.
ADDRESS FOOD INSECURITY FOR ALL NEW YORKERS
"The shocking reality is that every year, over one million of our fellow New Yorkers struggle with not having enough food to feed themselves or their families. The epidemic of hunger in our City is real, and it disproportionately affects women, children, seniors and communities of color."- Speaker Mark-Viverito
Food insecurity continues to be a persistent problem in
In our fight against hunger, one of our main resources is the
The Council has fought to combat food insecurity by funding 180 emergency food assistance programs in all 5 boroughs, and by launching a pilot program which put food pantries in 16 public schools, so families have access to nutritious foods. In addition, the Council has continually supported the City's network of senior centers, which provides meals to attendees, as well as home delivered meals for frail and vulnerable seniors. The Council will continue to combat hunger, fighting to:
Increase the City's investment in Emergency Food. Emergency food is a crucial part of our social safety net. SNAP recipients often report turning to food pantries and soup kitchens after their benefits run out. Moreover, pantries ensure that no person goes hungry, regardless of their immigration status. To guarantee that our food pantries and soup kitchens never have to turn away a hungry
Provide universal free lunch to 1.1 million students in public schools. Currently, all children enrolled in the City's pre-K program receive free lunch, as do all middle school students who attend stand-alone middle schools. However, all students enrolled in a school that serves kindergarten through 8th grade and high school do not receive a free or subsidized school lunch unless they qualify based on their parents' income. Universal Free Lunch is a federal entitlement program in which localities can participate where at least 40 percent their students qualify for public assistance. One of the advantages of the Universal Free Lunch program is that because all students are eligible to participate, it removes the stigma of receiving a free meal at school.
Develop a City Web portal to facilitate food donations. Many food rescue organizations, particularly smaller ones, are often not aware when and where edible food that would otherwise go to waste is available. Furthermore, many food establishments discarding this food do not have the time and resources to reach out to these organizations individually to see if they can take the food. The Council will pass legislation creating a Web portal to connect food establishments with food to donate, with local food rescue organizations that feed hungry New Yorkers.
Increase seniors' enrollment in SNAP.
Call on the federal government to not block grant SNAP funding. Under the 2017
STRENGTHEN SMALL BUSINESSES THROUGH INNOVATIVE REFORMS
"We must continue to support our small businesses and eliminate barriers that hinder their success." - Speaker Mark-Viverito
Supporting the City's small businesses promotes economic growth and employment opportunities for New Yorkers. Through the 2014 Small Business Relief Package, the Council implemented a number of reforms to reduce the number and cost of violations for small businesses and expand outreach and education. Within a year, fines assessed against small businesses declined from
Going forward, the Council will introduce a package of legislation to support innovative ways to reform the way businesses satisfy civil penalties, while ensuring greater compliance with the City's laws and generating benefits for the City as a whole. We will also employ these innovative strategies to support safe and energy efficient housing.
Online Business Tools. Some small businesses and startups may not have access to accounting, recordkeeping, bookkeeping, and other tools that can help their businesses grow and increase their compliance with the law, so this legislation will require the
Mitigate Certain Civil Penalties
* Legislation will mitigate certain civil penalties if businesses agree to take positive action in their communities, including donating leftover food to pantries and soup kitchens, opening their restrooms to the public, and composting.
* Legislation will create and expand the use of compliance consultation programs for building and business owners. These programs will allow owners to request compliance consultations, which are mock inspections that flag potential violations, in order to make sure that they are complying with the law.
* Legislation will mitigate civil penalties when business or building owners undertake energy efficient measures, such as retrofitting lighting systems. This will allow owners to reinvest in their businesses or buildings, while helping the City reach its goal of reducing greenhouse gas emissions.
* Legislation will mitigate certain civil penalties for non-hazardous violations where an owner can show that they began serious efforts to correct the condition causing a violation.
PROTECT AND SUPPORT TENANT RIGHTS
"Tenant harassment is all too rampant. But because it can be hard to prove in court, most harassment goes unchecked. And even when a tenant does beat the odds and win, they typically get nothing. We're going to change that." - Speaker Mark-Viverito
First, as recently announced with the Administration, the Council will pass legislation to ensure universal access to legal counsel for tenants facing eviction. This will include legal representation for low-income tenants and a one-time legal counseling session for other tenants.
Second, although the City's existing tenant harassment laws provide important protections for tenants, improvements are needed. The Council will tighten harassment protections by:
Adding common sense presumptions for harassment cases. Tenants facing harassment can go to court for relief, but proving harassment is hard - a tenant has to either be forced out of their apartment or show their landlord intended to force them out. The Council will amend the harassment laws so that, where a harassing act has occurred (like a threat or use of force), the landlord would have the burden of proving that the act was justifiable and not intended to force the tenant to leave.
Providing relief to tenants who win in court. Even when a tenant defies the odds and wins a harassment case, the landlord's only punishment is a civil penalty - and none of that money goes to the victimized tenant. So, the Council will amend the law to let prevailing tenants recover fair relief.
Expanding harassment protections. Although most harassment occurs in small buildings, tenants in the smallest buildings (one- and two-family homes) do not have access to even the limited relief offered by existing harassment laws. The Council will expand harassment protections to these tenants.
Expanding what constitutes harassment. The Council will expand the definition of harassment to include behaviors that were not necessarily contemplated when the original law was passed, such as contacting or visiting tenants at odd hours or adding unexplained (and unapproved) fees to rent bills.
The Council will also examine the use of construction as a form of harassment, and the ways that practice can be stopped.
INVEST IN OUR PUBLIC HOUSING RESIDENTS
"We will work to make sure that NYCHA isn't just the cornerstone of affordable housing, but a center of opportunity." - Speaker Mark-Viverito
Creating a
Expanding FlexOps. The Council will work to expand the number of NYCHA developments participating in Flexible Operations, or FlexOps, throughout the City. FlexOps is a NYCHA initiative to extend property service hours by creating multiple, staggered shifts for NYCHA's frontline staff. The purpose of FlexOps is to improve customer service and quality of life for residents through extending the hours, including early morning and evening hours, to tackle property cleanliness, repairs and other critical issues.
Increasing the Number of
Expanding Childcare Business Pathways. The Council will fund an expansion of the Childcare Business Pathways program - a free business accelerator program for NYCHA residents who want to open a home-based daycare business. Residents who are accepted into the program receive a free 10-week intensive business course; training, licensing, and technical assistance; and business coaching to move their home-based childcare business forward.
Expanding Food Business Pathways. The Council will fund an expansion of the Food Business Pathways Program - a free business training program that helps NYCHA residents start food businesses in
Increasing the Number of Digital Vans. The Council will support an increase in the number of digital vans, so that more people have access to technology services in their communities. NYCHA's digital vans are computer labs on wheels, allowing NYCHA residents and community members to use the internet to search for job opportunities, fill out tenant recertifications, and more. The vans travel around the city and stop in areas that have limited or no access to high-speed internet service. NYCHA's three existing digital vans have already served over 15,000 NYCHA residents and community members.
COLLABORATE WITH MUNICIPAL LEGISLATIVE LEADERS ACROSS THE COUNTRY
"The possibilities for national solidarity on almost any issue are endless." - Speaker Mark-Viverito
Today's largest American cities face daunting challenges. From policy matters like reforming policing and providing adequate affordable housing, to administrative matters like managing staff and utilizing technology to inform governmental decision-making, successful contemporary municipalities must take advantage of every available resource. Intercity-partnership and collaboration is a useful way for cities to learn from the experiences of others, as well as to advocate for their interests on the state and national stages.
While some efforts to promote inter-city partnership or collaboration exist, most focus on the chief executives of municipalities, leaving legislative bodies without similar opportunities. In particular, large cities (those with populations greater than 500,000) share many of the same challenges and opportunities.
The Council will take the lead in fostering inter-city legislative collaboration by:
Partnering with the
AND HERE'S WHAT LEADING ADVOCATES, EXPERTS AND ACTIVISTS HAVE TO SAY ABOUT SPEAKER MARK-VIVERITO'S BOLD PROPOSALS TO EMPOWER, LIFT UP AND PROTECT NEW YORKERS:
Protecting Our Immigrants
"As a city legislative body, we know the fight for justice has arrived at our doorstep. We gather our strength from all the New Yorkers who protest and rally in the streets and those too afraid to leave the shadows, but who fight in their own ways," said
"New Yorkers have called on our City to protect against
"Today, Speaker Mark-Viverito's announced legislation that, when enacted, will show the country that
"At a time when the
"
"Immigrant families in this city and around the country are now at constant risk of being broken apart by
"That every detained immigrant facing deportation in the
"With ICE raids underway and xenophobia on the rise, we must fortify our cities as places of sanctuary. But no city can do it on its own. Local Progress is excited to partner with Speaker Mark-Viverito to bring cities together to form a unified front in protecting our immigrants. Our cities have thrived thanks to our immigrant residents, and we have worked hard to adopt policies that help them thrive: rejecting ICE detainers for non-violent offenders, creating municipal ID programs, offering access-to-counsel, providing language access, adult education, job training, protection from discrimination, and more," said Local Progress Board Members
Doubling Down on Criminal Justice Reform
"I want to congratulate Speaker Mark-Viverito on her final State of the City address and thank her for her leadership on criminal justice reform. I am proud, as Public Safety Committee Chair, to have worked hand in hand with the Speaker over the last three years to propose and implement policy and legislative changes that provide a fairer and more just system for all New Yorkers," said Council Member
"In Brooklyn, we've long been committed to reducing the unreasonable number of outstanding summons warrants, and have taken concrete steps to do so. We are pleased Speaker Mark-Viverito and the Council recognize the importance of this issue and that they will join us in a citywide effort to vacate summons warrants issued more than 10 years ago. This initiative promotes fairness without compromising safety, and goes a long way toward improving police and community relations," said Acting Brooklyn District Attorney
"I am pleased to partner with the Center for
"Speaker Mark-Viverito's leadership on criminal justice reform has been critical in driving meaningful change in our City's system. By creating more opportunities for people, especially adolescents, to resolve their arrests outside of jail through early diversion and supervised release, we can create a more rehabilitative, dynamic, and humane system for all and I commend Speaker Mark-Viverito for championing these important reforms," said Judge and Chairman of the Independent Commission
"The announcement of criminal justice reforms today by Speaker
"
"I want to thank the Speaker of the
"Taken together, these important reforms will help break the cycle of unemployment, incarceration, and court involvement that so often ensnares low-income New Yorkers in heavily policed communities. Although more must be done to fix our broken bail system, reducing bail-processing times to mitigate the human cost of cash bail is a much-needed intervention and a step the right direction," said
"Despite the best efforts of courts and prosecutors to do justice, it has become increasingly clear in recent decades that the innocent can be convicted and terrible, life-altering injustices done," said
"We applaud Speaker
"Establishing Neighborhood Justice Panels is a logical extension of neighborhood policing, which encourages police and residents to work closely together to build stronger, safer communities," said
"We welcome the speakers recognition that using the criminal justice system to deal with people who use drugs is a failed approach," said
Supporting Women's Rights
"
"When we are faced with a president who is hostile to real healthcare needs of women and girls, it is critical that our
"Now more than ever, we need bold local leaders willing to stand up and speak out in support of our basic rights," said
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