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Department of Education allocates $32.6 billion budget for 2018-2019

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By Naeisha Rose

TimesLedger Newspapers

Community education council leaders, School District 29’s budget director and its deputy superintendent were at Lorraine Hansberry Elementary School (PS 118) last week at 190-20 109th Road in St. Albans to discuss the $32.5 billion 2018-2019 fiscal budget for New York City’s 1.1 million students, as well as pensions for teachers.

Before the meeting started, fourth and fifth-grade students at PS 118 performed an African dance for Black History Month, followed by a step dance, then mimed to gospel music while dressed in black and adorned in colorful African wraps.

According to Principal Lezly Buchanan, the school does not have a formal arts program and fifth-grade teacher Michelle Lopez volunteers her time to help the students with choreography for dance routines.

Buchanan hoped with a representative of the superintendent’s office in attendance that the performance highlighted PS 118 and perhaps helped the school, which was named after a playwright, receive funding towards dance, music, theatre and writing programs.

The panel of CEC leaders and the deputy superintendent then rolled out their agenda, which was to remind parents about the city’s school survey meant to help institutions learn how they could improve, and another survey for questions to give to Schools Chancellor Carmen Fariña for a town hall meeting at PS 32 from 6 p.m. to 7 p.m. on March 26 at 171-11 35th Ave. in Flushing.

Deputy Superintendent Shawn Rux also reminded parents who had fifth graders to consider looking at the honors program at Jean Nuzzi Middle School — located in Queens Village — which will be starting in September, and to remember that if their child was born in 2014, they could apply for preschool for their tots.

Afterwards, the district’s budget director broke down how the massive budget would be allocated.

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Districts 1 to 32, 75, 79 and 88 will receive approximately $14 billion to support educational services, according to the District 29 representative.

$10.4 billion was allocated for non-controllable costs. Approximately $6.9 billion of that went towards retirement pensions and paid benefits for education personnel. The remaining $3.7 billion will go towards centrally funded services on behalf of schools and students.

Those services included transportation, food, facilities, custodial costs and electrical bills.

An estimated $3.7 billion will be allocated towards special education, private schools, charter schools, and non-public schools, while another $3.7 billion will go towards support systems for schools.

An additional $700 million will go to superintendent officers, field support centers, family welcome centers and committees on special education.

Through the Fair Student Funding initiative, all public schools will receive $225,000 in foundational funding, approximately $4,100 per student weight. Schools in need of academic intervention that have special education programs, English Language Learners courses and that have extra sessions (Nursing, Health, Theater, Economics, Arts, etc.) will receive even more funds per student in those programs.

Kindergarten to fifth-grade students have a 1.00 weight ($4,100), middle school kids have a 1.08 weight ($4,428) and high-schoolers have a 1.03 weight ($4,223), according to the budget.

Reach reporter Naeisha Rose by e-mail at nrose@cnglocal.com or by phone at (718) 260–4573.

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Source: Times Ledger

Generators come to Astoria Houses as Council members call for state intervention on NYCHA

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By Mark Hallum

TimesLedger Newspapers

Astoria Houses received new rooftop generators for surge protection from storms on Feb. 14 purchased with FEMA funds awarded to NYCHA following Superstorm Sandy in 2012, which affected up 60,000 residents living in homes managed by the city agency.

The December 2015 FEMA grant of $3 billion has so far funded $1.85 billion in contracts to make NYCHA buildings and their inhabitants less likely to experience the hardships of future storms to come through structural reinforcement, storm surge protection and infrastructure upgrades.

“Our Sandy recovery work shows that NYCHA can be a leader in rebuilding stronger, more resilient cities,” NYCHA Chair Shola Olatoye said. “This unprecedented public investment will provide the almost 60,000 NYCHA residents who were affected by Superstorm Sandy with safe, stable homes in the face of future storms and the undeniable consequences of climate change.”

U.S. Rep. Carolyn Maloney (D-Astoria) took credit for securing $75 million in federal funds for the NYCHA recovery effort.

“Additional work needs to be done, but these resiliency improvements, along with the rooftop generators, are a step in the right direction and will go a long way to protect our residents during future storms and hurricanes,” state Assemblywoman Catherine Nolan (D-Ridgewood) said.

But state and other elected officials have been critical of the extended wait time on NYCHA housing improvements and repairs.

Mayor Bill de Blasio defended his administration against claims from the state that the city was not acting fast enough to bring reliable heat and hot water to NYCHA residents over the course of the winter.

Gov. Andrew Cuomo had proposed issuing a state of emergency for NYCHA buildings in the face of a harsh winter, but de Blasio countered by telling the “Brian Lehrer Show” the state had never followed through with delivering promised recovery funds.

“First of all the state has not provided us with the funding from several budgets ago, let alone the $200 million that was allocated in the last state budget back last April, 2017des old, we would welcome that conversation, we would try to work together. But if the state’s trying to score political points, and deal in simplistic ideas that are not really going to help the people of the public housing buildings in our city who are 400,000 New Yorkers, you know, then let’s be honest about what’s really going on,” de Blasio said. “If the state really wants to sit down with us and say how can we play a constructive role in addressing some of the challenges in NYCHA that are decades old, we would welcome that conversation, we would try to work together.”

De Blasio said his administration has recently committed $3.7 billion to NYCHA facility improvements and for day-to-day operations.

But city officials led by Councilman Robert Cornegy (D-Brooklyn), the Housing and Buildings Committee chairman, have taken the governor’s side on the issue, calling on the state to declare a state of emergency in terms of lead paint and other conditions at NYCHA facilities.

“The appalling state of disrepair in NYCHA buildings both in my district and across the city is a serious health and safety hazard for residents. Too many parents and children have been exposed to either moldy conditions or dangerous lead paint, while families have suffered in the cold this winter without heat and hot water,” Councilman Rory Lancman (D-Hillcrest) said.

Councilwoman Adrienne Adams (D-Jamaica) said NYCHA residents are paying rent to the city and in return are forced to live in subpar conditions.

“There are thousands of New Yorkers living in substandard NYCHA housing,” Adams said. “These residents are paying rent like every other tenant and they deserve to have heat and hot water. NYCHA buildings are in crisis and a more profound investment is needed. An immediate declaration of emergency is necessary to make these urgent repairs.”

Reach reporter Mark Hallum by e-mail at mhallum@cnglocal.com or by phone at (718) 260–4564.

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Source: Times Ledger

Hold politicans accountable for gun violence

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By Henry Euler

TimesLedger Newspapers

There are no words to express the horror and shock over the killings and injuries sustained by those at Marjory Stoneman Douglas High School in Parkland, Fla., on Valentine’s Day. Wonderful people, most of them children, were victims of this act of terror. The lives of the families of the victims and the community at large are forever changed by this terrible event.

This is not the first time that such carnage has taken place. There were the church killings in Texas and South Carolina, the murders that took place at the theater in Aurora, Colo., the Las Vegas and Orlando massacres, and the many school killings at places like Virginia Tech, Columbine, and Sandy Hook Elementary School in Newtown, Conn. The list of tragedies goes on and on.

There seems to be no end in sight. Many school districts are now conducting student drills on what to do and where to go should a shooter invade school grounds. Students and parents live in fear. This is America?

Most of these shootings follow a familiar pattern. A deranged person uses firearms, oftentimes assault-style semi-automatic weapons, which can kill and injure a large number of people in a short period of time. This type of weapon is for use by the military, not for everyday citizens and certainly not by people who have severe mental problems. These sick individuals often carry enormous supplies of ammunition at the time of their attacks as well.

After a tragedy, there follows a loud public outcry for steps to be taken to stop these heinous acts. Unfortunately, the powerful gun lobby in our country, which contributes large amounts of money to certain candidates for elected office, manages to derail any proposed common-sense gun safety measures.

Many politicians fear for their jobs because of the power and money represented by the gun lobby. In the 2016 election cycle, the National Rifle Association contributed $54 million to candidates for public office that supported their views, including over $30 million to President Trump. Do you think that these particular officials are going to buck the NRA in any meaningful way?

I admire and support the students who are standing up and are calling for strong measures to be taken in the wake of the tragedy that they have experienced. This includes advocating for sensible gun control measures, like enhanced background checks and the banning of bump stocks.

Yes, it is important as well to ensure that people who are severely mentally ill to the point where they want to harm and kill others get treatment for their disease. However, additional measures must be taken to ensure that these people have no access to any type of firearms. We must also adequately fund help for these troubled people and intervene as soon as we see signs of inappropriate and/or psychotic behavior. Don’t wait until it is too late!

In the 2018 election cycle, the issue of how to prevent future episodes of gun violence will be a crucial issue for Americans to consider. The media must continue to keep this issue front and center and not allow it to fade until another tragedy occurs.

Our elected officials, as well as new candidates for office, must be held accountable. It is time to vote against those politicians who are dragging their feet and not supporting common-sense solutions to this most serious national problem.

Henry Euler

Bayside

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Sunnyside property manager who displayed Nazi imagery in condo lobby ousted

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By Bill Parry

TimesLedger Newspapers

The property manager of a Sunnyside condominium who became the focus of multiple state and city investigations after he was accused of intimidating and harassing residents has resigned from the condominium’s board of managers in a settlement the city’s Commission on Human Rights announced last Friday.

Neal Milano, 70, and his “one-man reign of terror” were exposed by Councilman Jimmy Van Bramer (D-Sunnyside) after he toured the lobby of the building at 47-55 39th Pl. in August, where he found displays of Nazi and Confederate imagery, swastikas and symbols of hate on every wall, and even the names of infamous Nazis Josef Mengele and Rudolph Hess in the building’s directory.

The Commission launched an investigation into discrimination at the condo after several tenants and unit owners reported that Milano was harassing tenants on their immigration status, national origin, and race, as well as creating a generally hostile environment.

“This kind of behavior is disgusting and unacceptable. People were terrified,” Van Bramer said. “As soon as we saw what was happening, we alerted the commission, who acted swiftly. No person in New York City should feel threatened or be harassed and discriminated against based on where they were born, how they pray, or who they love — especially in their own homes. I am happy to see this resolved and to know that the residents will no longer have to live in fear, and can feel safe in our own community.”

The settlement required Milano and two other members from the board to step down and remove “all offensive posters, symbols and materials from the lobby. The condo unit owners elected five new board members last Thursday.

“We hope this settlement sends a strong message to housing providers citywide that New York City does not tolerate discrimination and harassment and that we will not hesitate to take immediate action when we learn of violations,” Assistant Commissioner for the Law Enforcement Bureau at the NYC Commission on Human Rights Sapna V. Raj said. “Housing providers, including condo boards, supers, landlords, and brokers have a legal obligation to follow the NYC Human Rights Law, which prohibits discrimination and harassment based on national origin, immigration status, race or any other protected category. We encourage anyone who is experiencing discrimination or harassment to report it to the commission by calling 718-722-3131.”

During its investigation, one tenant told the commission that Milano stopped her as she was walking to her apartment with her boyfriend, who is of Puerto Rican descent, demanding to see his passport and exclaiming that he “could be anyone illegal.” Another unit owner said that Milano left her a voicemail claiming to be Adolf Hitler and stating that “the grandmaster of the KKK is coming to the lobby.”

The same unit owner said that Milano also responded to her attempt to rent her apartment to a Latina woman by declaring, “She’s Spanish. They are low lifes and don’t pay the rent.” The condo board remains under investigation by New York’s Attorney General Eric Schneiderman.

“We are encouraged by the actions taken tonight by the NYC Commission on Human Rights with whom we have been working closely on this investigation,” Schneiderman said. “Our investigation into potential state civil rights violations and financial misconduct at the condominium continues.”

Reach reporter Bill Parry by e-mail at bparry@cnglocal.com or by phone at (718) 260–4538.

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Flushing pols push census preparation bill

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By Gina Martinez

TimesLedger Newspapers

Elected officials gathered in Flushing last week demanding action on a census preparation bill.

State Assemblyman Ron Kim (D-Flushing), Assemblywoman Nily Rozic (D-Flushing) and state Sen. Toby Ann Stavisky (D-Flushing) were joined by civic groups and community leaders Feb. 7 emphasizing the importance of the upcoming nationwide 2020 Census, as well as the serious consequences of under-counting and compiling incorrect records for the state of New York.

The national census, done every 10 years, is the mechanism by which funding for federal programs is allocated and congressional seats are apportioned. According to Kim, issues with under counting and inaccurate reporting from the previous censuses in 2010 and 2000 have cost New York billions of dollars in funding for community programs, as well as seats in Congress.

The attendees called on the state Senate to pass the new bill needed to establish the “2020 Complete Count Commission,” which already passed the Assembly in 2017. The bill would authorize the commission to identify the issues that led to under-counting in 2010 and fund the state’s preparations for the 2020 Census to ensure every New Yorker is counted.

Kim said it was deeply important that we get the next census one right, especially for communities with large immigrant or non-native English speakers who are at the greatest risk of being overlooked by the 2020 Census.

“New York has already been dealing with the damaging effects of under-representation from both the 2000 Census and the 2010 Census,” he said. “Unfortunately, the many worrying trends we have seen on a national level this past year leave us even more concerned. A combination of fear, intimidation and institutional barriers during the undertaking of the 2020 Census may cause irreparable harm to our state.”

Assemblyman Marcos Crespo (D-Bronx), chairman of the Assembly Task Force on Demographics and Reapportionment, said that under-counts during the 2000 and 2010 Census cost New York two congressional seats and the loss of tens of billions in federal aid for education, housing and transportation programs. He added that the 2020 Census is shaping up to be a real problem because it will rely heavily on the use of the Internet by requiring state residents to complete their Census forms online.

BAYSIDE HISTORICAL SOCIETY

“For many communities with limited access to the Internet and computers and for the elderly and disabled this process spells a disaster for our state,” he said.

Reach Gina Martinez by e-mail at gmartinez@cnglocal.com or by phone at (718) 260–4566.

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Democratic insider mounts primary challenge against Assemblyman Brian Barnwell

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By Bill Parry

TimesLedger Newspapers

Woodside resident Melissa Sklarz announced Tuesday she will mount a primary challenge against state Assemblyman Brian Barnwell (D-Maspeth) in September.

Sklarz, a longtime Democratic party insider, is the first transgender person to run in the 30th Assembly District, which includes Woodside and Maspeth, as well as parts of Middle Village, Astoria, Long Island City and Sunnyside.

“I have been advocating for New Yorkers my entire life,” Sklarz said. “After the 2016 election, I realized this is no time to be on the sidelines. With our transportation network in crisis, the assault on New Yorkers with the Trump budget that slashes billions in federal assistance to vital programs, and women still lacking proper representation, I am determined to make sure all voices are heard in Albany.”

Sklarz is a progressive Democrat who has served the party in a number of roles during the past 15 years. In 1999, she was the first trans person elected to any office in New York State when she won a post as a judicial delegate in Manhattan’s 66th Assembly District, and served as a delegate in the 2016 Democratic National Convention after being appointed to the Credentials Committee in 2004 and 2012, and the Rules Committee in 2008.

She bought her first home at Boulevard Gardens in Woodside more than 11 years ago, becoming a neighbor of Barnwell, who stunned the borough’s political class in 2016 when he upset nine-term incumbent Margaret Markey in the Democratic primary before defeating Republican nominee Tony Nunziato convincingly in the general election, 63 percent to 23 percent.

The two candidates are at opposites on at least one issue already. Sklarz was previously homeless herself and says she is painfully aware of the city’s homelessness epidemic. She says she’s committed to strengthening rental protections, as well as moving people from the streets and shelter system into permanent affordable housing. Barnwell took part in the nightly protests outside the Holiday Inn Express in Maspeth, which the city tried unsuccessfully to convert into a homeless shelter.

“I find it odd Ms. Sklarz wants to run for office in this district, considering I heard her personally call the sections of Middle Village, Maspeth, and Woodside all racists who are living in the past,” Barnwell said.

Sklarz’s campaign explained her comment was made during a Democratic club meeting at the Boulevard Gardens complex and the topic of the Mayor forcing shelters onto communities without any public dialogue came up.

“In truth, she called Brian’s political posturing regarding the homeless shelter racist and she finds it odd that he continues to draw attention to his stance on not wanting to provide shelter for the most vulnerable in her district,” Sklarz Campaign Strategist Michael Czaczkes said. “Melissa is running to ensure that city officials can’t force solutions on neighborhoods without input of those who live in the community.”

Barnwell disagreed.

“That’s not true at all. She flat out said the people in this district were racist and live in the past,” Barnwell said. “It’s not political posturing, it’s the truth. I don’t need a campaign strategist like she does to change her wording around. This is the second news article she addressed my comments, and now she is changing her response.”

Sklarz is also running to protect women’s reproductive health, to fix the city’s transit system, and to continue the long-held neighborhood values in the 30th Assembly District.

“Throughout history, New Yorkers have led the nation when it comes to progressive values and policy,” Sklarz said. “From women’s suffrage, to the Stonewall riots, to most recently leading the nation on raising the minimum wage. However, there is much more to do, as evidenced when our current Assemblymember voted against the Reproductive Health Act, which aims to protect women’s health.”

Reach reporter Bill Parry by e-mail at bparry@cnglocal.com or by phone at (718) 260–4538.

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Is a college education a waste of money?

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By Lenore Skenazy

TimesLedger Newspapers

It was not a whole lot of fun to interview Bryan Caplan, as my husband and I have two kids in college right now and the bills just keep on coming. But Caplan is an academic I respect. He’ll be in New York soon for a big debate at the Soho Forum, and he just wrote a book that will undoubtedly get a lot of people talking: “The Case Against Education: Why The Education System Is a Waste of Time and Money.”

“I see myself as a whistle-blower,” Caplan said. Though he enjoys tenure as a professor of economics at George Mason University, “I feel an obligation to tell people that the system seems dysfunctional to me. What students learn is not relevant in the real world. Most of what they’ll need to know is just to pass the final exam.”

This resonated a bit uncomfortably for me as I tried to recall what I’d learned in my Modern Russian History class at college, and, for that matter, my French Revolution class. And physics. And English Literature from Milton to, um, someone else. And…

Ahem! Back to Caplan.

As an economist, he naturally thinks about this issue in economic terms, starting with the “puzzle” of why college grads earn more than those without a degree. Many employers seem to be paying not for any actual skills or knowledge students have accrued at college, but simply for the “stamp of approval.”

“It’s a lot like going to a concert you want to see where one person stands up,” said Caplan. “If everyone stands up, no one can see any better. And if everyone has a bachelor’s degree, then no one does.” Or rather, a college degree becomes the baseline for getting a job interview. This makes it take longer and cost more to start earning a decent living.

It wasn’t always thus. In his book, Caplan looks at different occupations going back to the 1940s: How much education did waiters have back then, or hotel concierges? “Since 1940, the education for the same job is up by three years — the education you need to be considered worthy,” he says. And it’s not that the jobs have become so much more intellectually demanding. Some have, of course, but some are easier now. For instance, waiters in the 1940s had to add up the bill at the table. Today, a computer does that. And yet, today the job demands more “education.”

Meanwhile, this education keeps getting more expensive. For this, Caplan blames, in part, the availability of student loans.

“If students had to pay out of savings or earnings, the demand wouldn’t be there” for expensive schooling. But with loans readily available, demand is artificially high. In turn, the schools use this new pool of money to become ever more alluring, creating a sort of educational arms race: Who has the newest health club? The biggest auditorium?

Caplan is pretty adamant that the system is bloated and wasteful.

But he’s not just down on college. He is down on high school too.

QUEENS THEATRE

“Kids are so bored!” he exclaims. And, he adds, so many classes are pointless.

Take, for instance, language instruction. The typical American takes two years of foreign language in high school. But what percent say they really learned to speak that language?

“Is it 15 percent?” I venture.Nope. “Five percent?” Nope.

“A bit under one percent claim to have learned to speak a foreign language very well in high school,” says Caplan. Ask if they learned enough to at least get by, and more people will say yes. “But you can’t get a job being able to speak a slight amount of Spanish.”

If instead of spending so many years in high school learning so many things they’re not going to use, students could be learning a trade instead, he said, many would be better off, Caplan says. Vocational education should not be a dirty phrase.

I agree! Vigorously!

And I’m thrilled some New York City high schools give kids a real-world skill.

But the CUNYs change lives too. I’ve seen it. Students from Azerbaijan and China and Ecuador somehow make it to America, learn the language, work a part-time job or jobs and become the first in their family to get a college degree. It changes the trajectory of their lives. And on the way to becoming an accountant or a teacher, some of them stumble into a computer class or Arabic or biology, and voila: their lives change again.

It’s true that not every class in high school or college is memorable, practical, or even good. And it’s true we shouldn’t dismiss anyone without a degree as unworthy of hiring. But it’s also true that the education system can be something other than a pit.

It can be a door.

Lenore Skenazy is president of Let Grow, and a contributor to Reason.com.

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After young girl’s death, Peralta urges residents to get flu shots

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By Bill Parry

TimesLedger Newspapers

The city’s health department confirmed that an 8-year-old LeFrak City girl’s death last week was flu related, but it was unclear if Amely Baez had received a flu shot.

Baez is the fourth child believed to have died from the flu outbreak that has swept the city in recent weeks, with more than 13,000 laboratory-confirmed cases. Queens has been the hardest hit of the five boroughs with more than 4,000 cases to date, according to the state health department.

State Sen. Jose Peralta (D-East Elmhurst) went to the sprawling residential complex in Corona Tuesday and offered free flu shots in cooperation with Elmhurst Hospital Center and LeFrak City Maintenance Services, warning that the outbreak still poses a danger.

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“Unfortunately, this flu season is not over. The tragic deaths of Amely and three other children reminds us of how dangerous the flu outbreak is,” Peralta said. “I urge New Yorkers to protect themselves, and their children, and get vaccinated if they haven’t done so already. We need to ensure we do everything possible to combat the spread of this deadly virus as the number of hospitalizations is increasing. The influenza vaccine can be the difference between life and death. Nationwide, 63 children and teenagers died from the flu.”

Israel Rocha, CEO of NYC Health + Hospitals/Elmhurst, agreed with Peralta.

“The best line of defense continues to be the flu shot, which helps to prevent the flu or, just as important, to minimize the flu’s symptoms for those who still catch it. It can save lives.”

Reach reporter Bill Parry by e-mail at bparry@cnglocal.com or by phone at (718) 260–4538.

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Vallone reintroduces bill to put animal shelters in every borough

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By Mark Hallum

TimesLedger Newspapers

Councilman Paul Vallone (D-Bayside) reintroduced a bill to City Hall which will mandate an animal shelter be built in Queens as part of the advocacy work he began in 2016 to bring relief to overburdened receiving centers and reduce euthanasia.

Vallone received the green light to build a shelter in the Bronx and Queens in May 2016 along with $10 million from the city’s FY 2017 executive budget, but with the Bronx center already in the works, he claimed his new bill ensures an adoption facility is established in his home borough.

“Receiving centers are not enough! They do not provide shelter or medical care for homeless animals, nor do they provide a place to recover lost pets before they’re euthanized,” Vallone said. “Most importantly, since animals brought to these receiving centers in Queens must be transported to a full service shelter in the other boroughs, their continued absence places insurmountable pressure on the existing facilities, which already operate at maximum capacity. In the end, homeless animals are the ones that face the consequences of this pressure, as many otherwise healthy pets are lost to euthanasia.”

Under the leadership of Vallone’s father, former Council Speaker Peter Vallone, a 2000 law required the city to add an animal shelter in every borough in the city. This, however, was repealed by a 2011 bill known as Local Law 59, Vallone said.

“Throughout the last four years, [City Council] Speaker [Corey] Johnson and I have fought to make full service animal shelters a reality for Queens and the Bronx. I applaud the administration for moving forward with the new Bronx shelter as it reflects their commitment to this important issue,” Vallone said. “If it were its own city, Queens alone would rank as the nation’s fourth largest and it is unacceptable that no animal shelter currently exists.”

Projections released at a May 2016 news conference by Vallone and Councilman Barry Grodenchik (D-Oakland Gardens), as well as NYCLASS Executive Director Allie Taylor, showed that New York City pet adoptions could more than double from installing new animal shelters. In 2016, adoptions from city shelters numbered at 7,158. The number is estimated to reach 16,000 by 2018.

“It really is a scandal that we don’t have a full service shelter in Queens,” Grodenchik said in 2016. “To get to Brooklyn, which is the nearest shelter, it begs the question of why this has taken so long. This has been a quest for so many civic leaders and animal lovers for so long. We will hold this administration’s feet to the fire. We do want to thank Mayor de Blasio for taking this step.”

Reach reporter Mark Hallum by e-mail at mhallum@cnglocal.com or by phone at (718) 260–4564.

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Lancman praises landmark court decision on excessive bail

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By Gina Martinez

TimesLedger Newspapers

City Councilman Rory Lancman (D-Hillcrest) is praising a landmark decision that determined that judges should consider a defendant’s ability to pay before setting bail.

Dutchess County Supreme Court Justice Maria Rosa ruled that setting cash bail for a defendant without considering his or her ability to pay violates the constitutional rights of due process and equal protection.

The decision came after a New York Civil Liberty Union lawsuit on behalf of Christopher Kunkeli, who spent three months in jail in Poughkeepsie on a petit larceny charge after a judge set his bail for $5,000. According to the NYCLU, Kunkeli only earned $10,000 a year, making his bail half of his yearly earnings. Kunkeli pleaded guilty to the petit larceny charges and was released on time served last month.

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Rosa ruled that the bail was set at an unreasonable amount, saying freedom should not depend on an individual’s economic status.

“Protection against discrimination is never more important than when a person’s freedom is at stake,” Rosa wrote. “Since one accused of a crime in the United States is presumed innocent until proven guilty, the setting of bail is supposed to be limited to those defendants who are either a danger to a specific individual or to the public or who pose a flight risk.”

The U.S. Supreme Court has held that imprisoning someone solely because of their poverty violates the Fourteenth Amendment’s guarantees of equal protection and due process.

Despite this, tens of thousands of New Yorkers like Kunkeli who cannot afford bail are kept in jail simply because they cannot afford to pay. The NYCLU said it is seeking a ruling that could set standards for state courts and lead to large reductions in the numbers of New Yorkers held before trial.

New York’s bail statute allows judges to consider alternatives to restrictive forms of bail, according to the NYCLU. Alternatives include unsecured and partially-secured bond and pretrial release services, which are available in most counties and have been successful at ensuring participants appear in court.

The NYCLU said the judge in Kunkeli’s case set his $5,000 bail and $10,000 bond without considering his ability to pay, and ordered him jailed in Dutchess County when he could not come up with the money.

In Gov. Andrew Cuomo’s annual State of the State Address last month, he proposed ending the use of cash bail in low-level cases. Manhattan District Attorney Cyrus Vance Jr., Brooklyn DA Eric Gonzalez and Westchester County DA Anthony Scarpino Jr. have all announced that their prosecutors will no longer be requesting monetary bail in most low-level or misdemeanor cases. Queens DA Richard Brown has stated that the numbers in the borough show that the current policy on bail in misdemeanor cases when a defendant has a history of not showing up to court works.

Lancman, who also serves as the chairman of the Committee on the Justice System, has been at the forefront of the bail reform movement in New York City. In 2015 he convened a Courts & Legal Services Committee hearing to examine the current bail system and he is also the prime sponsor of legislation to provide judges with defendants’ financial information at arraignment.

He said this ruling is a step in the right direction

“This landmark ruling sets an important standard for our judges that setting bail without first considering a defendant’s ability to pay is a violation of both the United States and New York Constitutions,” he said. “As chair of the Committee on the Justice System, I will continue to support programs that provide judges with defendant’s financial information prior to setting bail, like the Vera Institute’s Bail Project.”

Reach Gina Martinez by e-mail at gmartinez@cnglocal.com or by phone at (718) 260–4566.

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