City & State Magazine, June 9 2014 Edition by City & State

June 9, 2014

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CONTENT S

CONTENTS June 6, 2014 8......

CITY

After the Budget Dance By Nick Powell

10..... STATE

Public Compaign Financing’s Long Odds By Matthew Hamilton

12.....

A Recipe for Economic Recovery Upstate By Susan Arbetter

14..... 40 UNDER 40 RISING STARS ALBANY EDITION 33.... SPOTLIGHT: INSURANCE 34.... The Uphill Battle to Cap Malpractice Judgments By Nick Powell

35.... Two Visions for Combatting Auto Insurance Fraud By Michael Gareth Johnson

36.... The Scaffold Law Stalemate

By Jon Lentz

38.... Q&As with Benjamin Lawsky, James Seward and Nydia Velázquez 43.... PERSPECTIVES

Nicole Gelinas on de Blasio’s fiscal bubble and Assemblyman David Buchwald on taking away corrupt legislators’ pensions

46.... BACK & FORTH

Cover:

A Q&A with radio host and former Saturday

Photographs by Shannon Decelle

CITY AND STATE, LLC Chairman Steve Farbman President/CEO Tom Allon tallon@cityandstateny.com

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PUBLISHING

EDITORIAL

Art Director Guillaume Federighi gfederighi@cityandstateny.com

Publisher Andrew A. Holt aholt@cityandstateny.com

Editor-in-Chief Morgan Pehme mpehme@cityandstateny.com

Graphic Designer Michelle Yang myang@cityandstateny.com

Vice President of Advertising Jim Katocin jkatocin@cityandstateny.com

Managing Editor Michael Johnson mjohnson@cityandstateny.com

Marketing Graphic Designer Charles Flores, cflores@cityandstateny.com

Business Manager Jasmin Freeman jfreeman@cityandstateny.com

Albany Bureau Chief Jon Lentz jlentz@cityandstateny.com

Office Administrator Kyle Renwick krenwick@cityandstateny.com

City Hall Bureau Chief Nick Powell npowell@cityandstateny.com

Distribution Czar Dylan Forsberg

Reporter Matthew Hamilton mhamilton@cityandstateny.com Reporter Azure Gilman agilman@cityandstateny.com Associate Editor Helen Eisenbach

Illustrator Danilo Agutoli Columnists Alexis Grenell, Bruce Gyory, Nicole Gelinas, Michael Benjamin, Seth Barron, Steven M. Cohen, Susan Arbetter

city & state — June 9, 2014

61 Broadway, Suite 2825 New York, NY 10006 Editorial (212) 894-5417 General (646) 517-2740 Advertising (212) 284-9712 advertising@cityandstateny.com

Night Live cast member Joe Piscopo

THE CASE FOR IDEALISM

city & state — June 9, 2014

s much as I adore the grizzled, hardboiled operatives who read City & State, this being our 40 Under 40 Rising Stars issue I thought it apt to use this column to make a case for idealism in politics. By idealism I do not mean ideology. I am wary of ideology By Morgan Pehme from the left and right alike Editor-In-Chief for too often dogmatism is a slippery slope to fanaticism and intractable partisanship—two of the most poisonous afflictions currently plaguing our nation. Idealism to me is the belief that our government can transcend its many limitations, represent the better angels of our nature and achieve what should be its fundamental aim: ensuring liberty and justice for all. Yes, my friends, I realize this sentiment may sound like the naïve romanticism of someone who has spent their life locked away in an ivory tower, but idealism in New York politics is not as abstract or preposterous as it may sound. Take Zephyr Teachout. Just one day before the Working Families Party convention last month, Teachout, a Fordham Law professor and first-time candidate, announced that she would seek the WFP’s line to run for governor of New York State. Though Teachout was largely unknown in the realm of local politics, I had previously encountered her in 2010 while attending a conference she spoke at on how to end our government’s paralysis, hosted by Philip K. Howard’s organization Common Good at the National Constitution Center in Philadelphia. While usually such forums are academic snoozefests, Teachout’s remarks at the conference were riveting, largely because they overflowed with genuine idealism—not the rhetorical type so shamelessly feigned by politicians who wish to cloak themselves in a guise of nobility and optimism. As part of a panel of notable young thinkers, Teachout articulated a vision for making the country better that was at once intellectually rigorous, ambitious and (gasp!) sincere. Based on my recent interview with her for City & State TV and our subsequent off-the-record conversation, I am of the mind that four years later Teachout is the same idealist she was back then. She seems to truly believe that government can exemplify

Letters to the

Editor

In a guest op-ed, New York City Councilwoman Vanessa Gibson made the case for the city to add 1,000 new police officers, despite Mayor de Blasio and NYPD’s Commissioner RALPH NADER Bratton’s contention that FIELD MARSHAL additional cops were not necessary. Current plans for the 2014 NYPD’s World Trade Center command center anticipate the assignment of approximately 670 active police officers at the completion of construction. 670 officers will be a very large command— nearly 300 officers larger than the combination of the current two precincts with the most personnel. One possible solution that will provide a high level of security at the WTC and maintain sufficient personnel levels at the remaining 77 precincts is the utilization of retired members of the service as special patrolmen at WTC command. The NYC police commissioner, under the application by any agency or public authority, may appoint special patrolmen for duties performed anywhere in the city for the agency or public authority. These special patrolmen will have peace officer status. If the retired officers are assigned as special patrolmen to the Port Authority, they will not require 211 or 212 waivers, since the PA is a public benefit corporation, and pension laws and regulations will not be violated. This program will require appointing approximately 500 to 600 retired officers as special patrolmen. Each special patrolman can be assigned to the Port Authority and paid as a 1099 employee, since no pension or annuity deductions will be required. Active sergeants and lieutenants would still be assigned to supervise the WTC command. —Mike Reilly (via cityandstateny.com) May 26, 2014

the genius of our Founding Fathers, and that the corruption that hobbles our state can be expunged through thoughtful, systemic reform. While I cannot help but have reservations as to whether this view is accurate, I strongly believe that those who share it should be encouraged to seek office, even though those in power and the pundits whose opinions promulgate the status quo will always dismiss their candidacies as frivolous and quixotic. I understand that many of you reading this column will point to the WFP’s pragmatic decision to abandon its stated principles and turn its back on Teachout as proof of idealism’s folly. While I could counter than the 41 percent of the vote she garnered against a mighty sitting governor by forcing a floor fight at the convention contradicts this appraisal, how close Teachout came to victory is of no consequence to my argument. My point is that if we keep conspiring to freeze out those who believe that government need not be just a warring of interests and a vehicle for selfaggrandizement, and continue to dismiss idealism in politics as childish, we will cement a future bereft of it. And what kind of world will that make? One as dreary and cynical as the one in which we live now.

SPOTLIGHT:

ALBANY SESSION

countdown Q&A WITH

New York Congressman STEVE ISRAEL is commanding the Democrats' troops in their uphill battle to retake Congress. Will he prove a Patton or a Pickett?

CONGRESSIONAL ELECTION PREVIEW

CIT YANDSTATENY.COM

@CIT YANDSTATENY

In her latest column, Alexis Grenell argued that self-interested opponents of the apartment sharing company Airbnb are using “whore-a-phobia” to create hysteria and turn public opinion against the service, which she believes should be regulated, not outlawed. “Though Ms. Grenell suggests that regulation of shortterm stays in residential apartments is the more realistic solution, she doesn’t actually put forward any regulations. What would they be? For instance, how would she enforce a “cap on the number of days tenants can sublet their apartments”? Would she establish regulations that are not only contrary to the state Multiple Dwelling Law but to the city’s zoning laws and fire codes? Would her regulations vacate all lease restrictions limiting subletting? Condos and co-ops included? And would her regulations force insurance companies to provide liability, fire and water damage coverage for transient use of residential buildings contrary to the building’s certificate of occupancy?” Tom Cayler, West Side Neighborhood Alliance, Illegal Hotel Committee Alexis Grenell responds: That regulation is complicated is not reason enough to ban the practice outright.

Gubernatorial candidate Zephyr Teachout

To have your letter to the editor considered for publication, leave a comment at www.cityandstateny.com, tweet us @CityAndStateNY, email editor@cityandstateny.com or write to 61 Broadway, Suite 2825, New York, NY 10006. Letters may be edited for clarity or length.

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SPACE WARS AS CHARTER SECTOR CONTINUES TO SWELL, A SPACE DILEMMA GROWS FOR DE BLASIO By GEOFF DECKER from CHALKBEAT NEW YORK

his week, a top city education official said that Chancellor Carmen Fariña has given orders not to make any space-sharing plans until the city has come up with better ways to get feedback from community members. Fariña wants future co-locations to happen only when they “come from the community and are not imposed on them,” Deputy Chancellor Kathleen Grimm said at a City Council hearing.

The statement from Grimm, the department’s longtime school facilities chief, signaled that the de Blasio administration remains committed to limiting future co-locations. (A department spokeswoman later said that a new process would solicit more community feedback, but that the city would still come up with its own proposals.) Together, the statements outline the difficult position that Mayor

Bill de Blasio will soon find himself in, given the continued growth of charter schools—which city officials do not control—and new charter school legislation, which will make co-locations financially advantageous. “The governor has presented the mayor with a Hobson’s choice: spend money on facilities or disrupt schools daily through co-location,” said Brooklyn College Education Professor David Bloomfield. The new law requires the city to provide new charter schools with free space inside the city’s own buildings or public funding to cover rent in a private facility. The legislation is a rebuke from state lawmakers of de Blasio’s criticism of charter schools during the mayoral campaign and his early months in office. One challenge the law poses for de Blasio is that it makes financial sense to keep charter schools in city buildings. If the city doesn’t provide space, the law provides for charters to receive an extra funding allowance from the city for each student, which in 2015 would be $2,775. Thirteen charter schools have already been approved to open that

year, serving 2,000 students at first and 5,800 at full capacity. Private space for those schools would cost as much as $5 million in the 2015-16 school year and $16 million once they are all at capacity, based on enrollment estimates. In addition, the city is planning to spend $5.4 million next year for three displaced Success Academy schools, which will have fewer than 500 students next year, to operate in Catholic school buildings. Many of the schools approved to open in 2015 originally told their authorizers that they were planning to find, and pay for, private space, but the new legislation is likely to change those calculations. Vasthi Acosta, head of Amber Charter School, said the school’s board will consider requesting city space or funding for their newly approved second school. The other option for de Blasio— siting all of the new charter schools in public school buildings—is likely to be a hard sell to communities. Charter school co-locations, which make up about 10 percent of co-locations citywide, have frequently stirred resentment from parents and

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city & state — June 9, 2014

Empowering graduates to build strengths and contribute to organizational growth

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in the building’s six other high schools. “People say, how do the charter schools and the district schools co-habitate so happily?” Karalyne Sperling, a principal in the building. She says it’s because most of the schools are associated with New Visions, a non-profit that also provides support to district schools. “We have so many people that we

know in common that it makes us more friendly toward each other and work things out,” Sperling added.

Chalkbeat New York is a nonprofit news organization covering educational change efforts in the communities

where improvement matters most. The Chalkbeat network has bureaus in New York, Colorado, Indiana, and Tennessee. Its mission is to inform the decisions and actions that lead to better outcomes for children and families by providing deep, local coverage of education policy and practice. Visit ny.chalkbeat.org for more information.

SMART | DYNAMIC | CARING | DEDICATED

The Real Centers of Excellence Too many people suffering from mental illness are still not receiving appropriate services. Dedicated CSEA members have long been on the frontlines of treatment and advocacy, helping people with serious mental illness in every aspect of daily life. New York’s mental health policy, priorities and access to care all require serious improvement — and there’s no debate that a better future must begin with the skills of experienced, determined and compassionate CSEA members.

“I want to say thank you to the CSEA members who work in the mental health field. You make the lives of individuals and families, and our communities better every day.” DANNY DONOHUE PRESIDENT, CSEA

ON THE LINE EVERY DAY LOCAL 1000 AFSCME, AFL-CIO DA N N Y D O N O H U E , P R E S I D E N T

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city & state — June 9, 2014

staff members at traditional public schools—some of which have been required to downsize to make room in their buildings. Bloomberg’s critics saw the encroachment as symbolic of his eagerness to supplant the traditional public education system with privately-run charter schools. Some co-locations also cause major inconveniences. Schools have had to use auditoriums for storage and closets for classrooms, conditions that may violate students’ state constitutional rights, the Campaign for Educational Equity argued in a new research brief. But supporters of the co-location policy also see it as an innovative— albeit imperfect—way to deal with New York City’s unavoidable spacecrunch. And they point to a body of research that links the small schools and charters, which co-locations often made possible, to improved academic outcomes for students. David Umansky, CEO of Civic Builders, a nonprofit that helps develop private space for charter schools, said he believes there is enough space in the system’s 1,200 buildings to responsibly add new schools. The question is, he added, how much the administration is willing to “deal with difficult issues with the communities.” For a mayor who has promised to build consensus around major school planning decisions, and wants to keep money in the traditional school system, neither option is a clear win. That leaves de Blasio and Fariña focused on changing a co-location decision-making process they have said is in serious need of repair. To fix it, they have created two working groups whose members include several charter school leaders, including KIPP Founder Dave Levin. (Umansky is part of one.) Their charge is to identify ways to change how school space is measured and allotted in the city’s yearly building utilization report, known as the “blue book,” and improve the public review process. Some cosmetic changes are coming soon. Lorraine Grillo, CEO of the School Construction Authority, said at the hearing this week that it would be released earlier to give officials more planning time and be more “userfriendly” than previous versions. Substantive tweaks to the way school space is calculated won’t happen until next year, Grillo said. Still, not all charter school co-locations are contentious. At the John F. Kennedy Campus, the two New Visions charter schools are seen as good neighbors by people working

he budget dance between the mayor’s office and the New York City Council may have ended, but the Council is not resting on those laurels. In fact, with the end of the “Kabuki theater,” in the words of Mayor Bill de Blasio, these hearings are no longer reduced to Council members clamoring to restore funding to pet initiatives and programs. Instead, as evidenced by several executive budget hearings over the past several weeks, Council members are using the hearings to hold agencies such as the Department of Education and the New York City Housing Authority accountable for how the money is being spent— arguably what these hearings were designed to do in the first place. City & State highlighted two of those hearings from June 3 to provide a window into the City Council’s post-budget dance.

ROOM TO IMPROVE

COUNCIL PRESSES DoE ON SCHOOL INFRASTRUCTURE IMPROVEMENTS By NOAH KAHAN

New Yorkers Want to Preserve

SAFE ANESTHESIA

92% of New York State residents say they want… “a physician to administer anesthesia care and respond to anesthesia emergencies during surgery.”* A majority of voters said that they would not re-elect their legislator if they voted to eliminate physician direction of anesthesia. Thanks to existing standards with physician led teams, New Yorkers have unprecedented safe anesthesia care.

city & state — June 9, 2014

Outcomes have improved by over 60% *TelOpion Research, Alexandria, Virginia

The New York State Society of Anesthesiologists, Inc. 110 East 40th Street, Suite 300, New York, NY 10016 USA

212-867-7140 • www.nyssa-pga.org

he New York City Council committees on Finance and Education met on June 3 to discuss the city Department of Education’s proposed $12.8 billion Capital Plan, which focuses heavily on building new schools, increasing the number of classrooms available and upgrading the infrastructure of existing facilities. The Capital Plan, which spans fiscal years 2015 to 2019, features three key elements: the Capacity Program, Capital Investments and Mandated Programs. Overall $4.4 billion would be spent on increasing capacity with the aim of creating 39,500 new seats for students over the next four years—a number that includes the expansion of full-day pre-K in the city to the tune of 2,100 new seats. $3.3 billion of that money would be directed to schools that currently suffer from significant overcrowding, and another $490 million of it will be allocated to reducing class sizes in areas across the city. Among the highlights of the Capital Investment portion of the plan would be the removal of 320 Transportable Classroom Units (TCU) currently in use. TCUs have been and still are a touchy subject, according to Finance Committee Chairwoman Julissa Ferreras. “Conversations are very frustrating for us to have [with] the constituents and parents that are concerned and [asking] ‘Why isn’t my child in the building?’ ‘Why is he out the

building?’ ” Ferreras said during the hearing. Deputy Schools Chancellor Kathleen Grimm admitted there was still some uncertainty about where children will go once the TCUs are gone, though she cited Queens’ Richmond Hill High School as an example of a school that has successfully eliminated its TCUs. “We don’t have an answer yet … but we have some time to figure out what to do with the children so that we will be able to remove all the TCUs,” Grimm said. Safety requirements such as alarms and public address systems were also addressed during the portion of the hearing that dealt with capital investment. Councilwoman Elizabeth Crowley grilled Grimm and Lorraine Grillo, president of the city’s School Construction Authority, over the lack of functioning sprinkler systems in the renovated schools located in her district. “It has come to my attention this year in the prior committee that sprinklers have not been put into these schools. Is this true?” “From what I’ve been told, the Fire Department does not require sprinkler systems,” Grillo answered immediately. Crowley responded aggressively, “You don’t go the extra mile and have buildings that we’re purchasing and renovating meet current code?” As the bell went off signaling the end of the session, Grillo squeezed in, “We do meet current code.”

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$50 million. As for the Mandated Programs in the Capital Plan, one area of concern for a number of Council members was addressing those school fluorescent lighting fixtures containing small quantities of polychlorinated biphenyls (PCBs), a hazardous chemical, and the proposed $480 million needed to do so. Councilwoman Helen Rosenthal noted that this wasn’t the first time the issue had come up. “It is my understanding that there were contractors who were willing to change out the lights for the city for free if they could have a piece of the energy savings, and I don’t know if that was myth or reality, but there were, at that time, quite a few discussions about lighting,” Rosenthal said. “And I’m wondering, as you implement the replacements of the [fixtures], whether or not you’re seeing any savings on the

energy side?” Grillo responded that she would meet with the energy service companies to deal with the issue. As the meeting came to a late close, cutting into the start time of the next scheduled hearing, Council members wanted to continue talking with Grimm, who showed a willingness to foster an open dialogue and to push forward despite any perceived tensions during the hearing. Grillo made it clear that there is a safeguard in place should more pressing needs arise in the years to come. “Every year we do an amendment to the Capital Plan. Each year we add an additional year because needs emerge. What might not be a pressing need this year may turn into one next year, so we have to have that level of flexibility.” Additional reporting by Mylique Sutton

NO TIME TO WASTE

COUNCIL CONCERNED OVER CAMERAS, SENIOR CENTERS AT PUBLIC HOUSING HEARING

By ELIZABETH MENDEZ

n May when Mayor Bill de Blasio issued New York City’s executive budget for fiscal year 2015, Ritchie Torres, the chairman of the Committee on Public Housing, said the city needed to make a capital investment in resident safety at all New York City Housing Authority buildings. Less than a month later, on June 3, at a joint budget meeting of the committees on Public Housing and Finance— just two days after the stabbing of two children in an elevator in a NYCHA building in the Brooklyn neighborhood of East New York—Torres reiterated his call for coordinated funding

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for security enhancements in public housing. Despite $27 million already having been allocated for cameras prior to the incident, they have yet to be installed. NYCHA Chairwoman Shola Olatoye told Council members the task would be complete by the end of the year. Just hours before the hearing, Mayor de Blasio blasted the authority for the installation delays. “I think it was a bad strategic decision by NYCHA to not simply put those cameras in place immediately,” de Blasio said. “I understand cameras are not a panacea, but they’re part of the process of

fighting crime and one of the great tools we have.” In addition to concerns about the safety of residents, Council members inquired about the 57 community and senior centers set to close on June 30 if the city does not step in with funding. The committees’ members had been under the impression that NYCHA was only requesting $10 million to keep the centers open, but according to Olatoye, the operating cost of a single center is approximately $300,000, meaning NYCHA would in fact need $17.1 million to save the facilities from closure.

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Bringing Consensus to the US Energy Debate By Michael Schwartz

When I began my career in the US energy industry following the 1973 OPEC oil embargo the call for “US Energy Independence” rallied a nation. Today, more than 40-years later, despite multiple embargos, oil price induced recessions, military involvements and growing environmental concerns, the US has yet to develop a sustainable national energy policy. The issues dominating the energy debate in 1973 were simple compared to 2014. However, this complexity provides a potential opportunity for developing a consensus. The Obama Administration has directed the Environmental Protection Agency (EPA) to significantly reduce carbon emissions from power plants under the Clean Air Act. Unfortunately, this approach will perpetuate the Balkanization of US energy policy and will likely lead to years of litigation that may prevent making real progress on major energy and environmental issues. States need to ensure that they pursue strategies that result in a diversified portfolio of reliable, clean and affordable energy resources. For New York, such a strategy must reflect the reality that most of the state’s coal generation has already been retired, nuclear plants such as Indian Point are under pressure and natural gas is not sufficiently low in carbon to achieve the required 44% emissions reduction by 2030 that is called for in the EPA rule. This will seriously challenge the state to achieve mandated reductions while preserving affordability of electric service and grid reliability. It’s time to think about a national, market based Clean Energy Standard (CES) that would be off-budget to the federal government, technology neutral and built upon the principle of federalism. The program could complement existing state renewable portfolio standards, allow transition from a diet of federal renewable energy tax credits, and permit states to determine their own preferred clean energy technologies including clean coal, nuclear, renewables and energy efficiency under a broadly based national market framework.

Reconciling the potential environmental benefits with the high costs associated with new energy infrastructure will not be easy; however, we need innovative leadership and approaches that will permit the US to effectively manage the transition to a clean energy economy. Empowering states with a national framework such as the CES can be an important tool to achieve climate goals and cost efficiencies. Michael Schwartz is the Gerhard R. Andlinger Visiting Professor in Energy and Environment at Princeton University and a senior advisor to Black & Veatch Management Consulting. S P E C I A L

S P O N S O R E D

S E C T I O N

New York AREA’s membership includes some of the state’s most vital business, labor and community organizations including the New York State AFL-CIO, Business Council of New York State, Partnership for New York City, New York Building Congress, National Federation of Independent Business and many more.

W W W. A R E A - A L L I A N C E . O R G

city & state — June 9, 2014

It also came to light in the hearing that seven schools still do not have their fire alarm systems fixed in the aftermath of Superstorm Sandy. Grimm assured the Council members that the alarms would be repaired by the start of the school year in September. The Capital Investment Program contains enhancements to school bathrooms as well, including asbestos removal, though Grillo was quick to point out that the DoE and SCA’s ability to make repairs and renovations is limited by the amount of funding they receive. “Some schools will need repair. Some schools will have asbestos; some will not have asbestos. So the whole [deal] is that we can do as much as we possibly can with the amount of money we have right now.” The bathroom renovation— which Grimm said was inspired by the cleanliness of bathrooms in charter schools—will cost

6/5/14

CASHED OUT Despite a commitment from Cuomo, public campaign financing faces long odds in Senate this session By MATTHEW HAMILTON

PAULINA TAM

State senate candidate Oliver Koppell (center) has seized on the issue of campaign finance reform in his primary challenge against Senate Co-Majority Leader Jeff Klein. Flanking Koppell are state Sen. Liz Krueger and good government advocate Bill Samuels.

city & state — June 9, 2014

n a hastily put together video to accept the Working Families Party endorsement, Gov. Andrew Cuomo laid out a list of the progressive issues he said the state Legislature must act on before lawmakers adjourn for the year on June 19. Amid the litany of priorities was a brief mention of the governor’s “strong” public campaign finance reform bill. While the video was used to try to spur action in the state Senate on key

issues like public campaign financing, the full women’s equality agenda and a higher minimum wage, which bills will actually inch forward in the final two weeks of the session remains to be seen. In the case of public campaign financing, the issue appears to be locked in political purgatory until debate kicks up again in the 2015 legislative session. Members of both major parties have not expressed much optimism that the issue will reach Cuomo’s desk before the session ends. Leaders from

both mainline Senate conferences have addressed the subject with a similar sentiment: We’ll see what happens next year. “We always continue discussions,” Senate Majority Co-Leader Dean Skelos, a Republican, told a gaggle of reporters recently, “but most of the controversial things will be brought up next year when we have a majority of 34 or 35.” Senate Democratic Leader Andrea Stewart-Cousins also looked ahead,

saying: “We’ll see if it can get done in the next two weeks. If not, then obviously the Senate Democratic majority in January will be pushing for this to happen.” As for the Senate Majority’s other co-leader, Democrat Jeff Klein, a spokesperson said campaign finance reform remains one of the senator’s top priorities for the rest of the session. It appears that the little differences have become ravines between the two sides. To Stewart-Cousins, the holdup cit yandstateny.com

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Unions, Pensions Are Ready to Build Affordable Housing By Carol Nixon

Over the past several months, the need for more affordable housing units in New York City has been widely discussed.

SHANNON DECELLE

The AFL-CIO Housing Investment Trust (HIT) has a long record of financing affordable housing in New York City through its investment of union and public employee pension capital from investors such as the New York City Retirement Systems. Since 2002, the HIT’s New York City Community Investment Initiative and Workforce Housing Initiative have invested more than $830 million of union and public employee pension capital to support 29,400 housing units with a total estimated real estate value of $4.7 billion; 96% of the projects are affordable to low and moderate income families. HIT refinancing of older properties has helped extend affordability for some 27,000 households. Those projects created over 6,000 jobs, including 3,600 on-site union construction jobs. The HIT investment is part of the labor movement’s long tradition of working to advance the welfare of New York City’s working families.

is an ideological difference on campaign finance reform between a majority of the Democratic Conference and a majority of Republicans, she said. Part of bridging that gap is securing the votes necessary to expand and refine the public financing pilot program enacted earlier this year, which currently applies only to the office of state comptroller in this election cycle. Even if the IDC were to break from the majority coalition on this issue and use all five of its votes to support the passage of some sort of reform, the Democrats presumably still wouldn’t have the 32 votes needed for a majority. They would have 31 votes, if the nonaligned Democrats vote with them. That’s because they don’t have full mainline Democratic support. State Sen. Rubén Díaz Sr. has been an outspoken critic of the current proposals, and state Sen. Simcha Felder caucuses with the Republicans, voting with them on many issues. At least one Democratic senator questioned why the votes wouldn’t be there, saying that all legislators can get behind campaign finance reform. “Why does it matter who controls the legislative agenda?” state Sen. Liz Krueger said at a press conference last week. “Because everybody can say cit yandstateny.com

they’re for this, they’re for that ... until bills come to the floor and people actually get to see did you vote for it? Did you vote against it? ... You don’t know where your legislator actually stands so we have a fabulous way of using smoke and mirrors to say one thing and do another thing in Albany and that’s all tied into our campaign reform rules or our failure to deliver those bills.” Cuomo has raised the stakes by putting pressure on the majority coalition, specifically Republicans, to get something done or else— especially with Klein pledging his full support for campaign finance reform. In his Working Families Party video, Cuomo called for the ousting of the majority coalition if they fail to deliver on progressive issues. Just days before the endorsement, Cuomo described campaign finance reform as his litmus test for the majority, warning that if the coalition fails, he would consider it a failure— and “act accordingly.” If Skelos’ cool and collected comments are any indication of his conference’s reaction to Cuomo’s newly combative tone, Republicans aren’t overly worried. He said Cuomo went “a bit far” in the promises made to the third party, which Skelos called counterproductive to efforts to create private sector jobs and

cut taxes, but he said he didn’t feel betrayed by the governor. There will be many issues to be worked on as the session draws to a close, he said. “The governor indicated that politics would start [June] 20, the day after we are adjourning,” Skelos said. “Obviously, he accelerated that by three weeks.” If discussions are tabled until the 2015 session, the state comptroller’s race this fall could set the tone for next year’s debate. Criticized by some as a campaign finance measure designed to fail, the pilot program pertaining to the comptroller’s race authorized public matching funds for personal contributions at a 6-to-1 ratio, mirroring New York City’s Campaign Finance Board System. State Comptroller Tom DiNapoli has opted out of the program publicly denouncing the pilot as poorly conceived and containing loopholes. But Republican candidate Robert Antonacci, in a break from his party’s general stance toward the public financing of elections, did opt in. “We didn’t anticipate selffunding a campaign,” he said when announcing his run in May. “I am very proud that I will participate in the taxpayer funded program.” Additional reporting by Paulina Tam

New York City Mayor Bill de Blasio’s plan to build and preserve 200,000 affordable housing units offers a much-needed opportunity to boost the regional economy, create quality union jobs and provide housing for working families. If the city’s population grows as projected, its energy needs will also increase. The Mayor’s plan commits the city to being a leader in new technologies that will achieve environmental sustainability as part of the city’s housing goals.

Additional investments in New York’s aging infrastructure are important as the effects of high energy costs, reduced grid reliability, and poor air quality have disproportionate impact on New York’s economically disadvantaged. That is one reason the HIT has been investing in this city’s aging affordable housing stock. A combination of upgrades and retrofit work has made these homes safer, healthier places to live, while conserving power, cutting operating costs, reducing their environmental impact, and maintaining affordability. As New York City’s leaders prepare to move forward with construction of 200,000 new affordable housing units, union members and the AFL-CIO’s HIT are prepared to support and build those units. Carol Nixon is the director of the New York City regional office of the AFL-CIO Housing Investment Trust. The AFL-CIO HIT is a fixedincome investment company registered with the SEC. It manages $4.6 billion in assets for more than 360 investors, which include union and public employee pension plans across America.

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The New York Affordable Reliable Electricity Alliance (New York AREA) is a diverse group of business, labor, environmental, and community leaders working together for clean, low-cost and reliable electricity solutions that foster prosperity and jobs for the Empire State. W W W. A R E A - A L L I A N C E . O R G

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State Senate Co-Majority Leader Dean Skelos said he doesn’t expect full-fledged public campaign finance reform to pass this legislative session.

According to a study by the Furman Center at New York University, income inequality has grown in New York City and rental housing has become increasingly unaffordable since 2000. The report found that, over the past decade, the number of housing units available to low-income households plummeted to 622,746 from 833,422, a 25% reduction, while the amount of lowincome households shot up to 969,224 from 792,857, a 22% increase.

CASHED OUT Despite a commitment from Cuomo, public campaign financing faces long odds in Senate this session By MATTHEW HAMILTON

PAULINA TAM

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Unions, Pensions Are Ready to Build Affordable Housing By Carol Nixon

Over the past several months, the need for more affordable housing units in New York City has been widely discussed.

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State Senate Co-Majority Leader Dean Skelos said he doesn’t expect full-fledged public campaign finance reform to pass this legislative session.

SUSAN ARBETTER

A RECIPE FOR ECONOMIC RECOVERY UPSTATE

Arbetter (@sarbetter on Twitter) is the Emmy award-winning news director for WCNY Syracuse PBS/NPR, and producer/host of the Capitol Pressroom syndicated radio program.

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epending on which of the state’s major party gubernatorial candidates you believe, upstate New York is either a shining example of an economy on the mend or a blighted place where burdensome regulations are squashing the entrepreneurial spirit. Andrew Cuomo, who has a threeand-half-year track record he has to run on, for good or ill, gave a rousing acceptance speech in May at the State Democratic Convention, at one point saying, “I believe in Buffalo, I believe in Rochester, I believe in Syracuse, I believe in Utica, and I believe in the North Country and the Hudson Valley. And I believe we’re going forward, and we are not leaving Western New York behind.” It was a great political moment. However, the subtext was an acknowledgement that upstate New York continues to struggle economically. The latest unemployment figures from the state Labor Department show that from April 2013 to April 2014, unemployment has dropped in every upstate region; yet local unemployment remains moderately high. In areas including Binghamton, Elmira, Glens Falls and Utica/ Rome, the jobless rate remains above 6 percent. Syracuse isn’t far behind at 5.8 percent. The numbers don’t reflect people

Gov. Andrew Cuomo (center) launches Start-Up NY at the 10th International Conference & Expo on Emerging Technologies for a Smarter World on Long Island.

who have stopped looking for work or those who have left the workforce through retirement. According to Greg Harden, CEO of Harden Furniture, the region is still having trouble recovering from the financial crisis. “We were quite a bit bigger before the recession,” he said of his 250-person company based in McConnellsville in Oneida County. “We were about double the size. But what we experienced through the recession and financial crisis was pretty similar to others in the industry.” Cuomo’s Republican challenger,

Westchester County Executive Rob Astorino, has made the upstate economy and population loss a central campaign theme—frequently poking holes in the governor’s narrative of economic revival. “When did living here become like a prison sentence?” Astorino asked rhetorically at the Republican State Convention last month. “ ‘I’m retired in three years then I’m out of here.” . . . ‘Once the kids finish school we’re headed south.’ Who hasn’t heard that a hundred times?” While issues like abortion and gun control get a lot of ink, they only appeal

to small subsets of each political party’s base, and are ultimately sidebars to the single overriding priority for both candidates as they court upstate voters: job creation. Each candidate has his own recipe to get there. Astorino has embraced industrialization, saying he would open up the state to horizontal highvolume hydrofracking. But on the May 19 edition of The Capitol Pressroom he wouldn’t say how he would earn revenue from the process—via severance tax or impact fee, or both. “All of that is open,” Astorino said cit yandstateny.com

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“We have to continue to reform some of the regulations, some of the laws that have been drivers of New York State inefficiencies and drivers of the high costs of doing business in the state.”

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of property taxes “is only half the equation.” The other half is mandate relief, which he claims the governor has “reneged” on his promise to address. To underscore the point, Astorino has taken aim at one of the governor’s most generous and highly touted economic development programs—the so-called “Buffalo Billion”—calling it a program that “dangles money to one community while failing to address more structural financial and economic problems facing the state.” Ironically, this is precisely the argument that Syracuse Mayor Stephanie Miner, Cuomo’s former State Democratic Committee co-chair, has made when discussing her city’s pension-heavy budget. “What we want is a good policy solution to this structural problem,” she told The New York Times. Miner isn’t alone. Her calls for state help to bolster aging infrastructure as well as assistance with mandate relief have been echoed by her fellow upstate mayors, the New York State Association of Counties and the New York State School Boards Association, among other groups. Gov. Cuomo has been able to hold the line on state spending, successfully slow the growth of property taxes and even pass pension reform. But he has been reluctant to address the root causes of upstate’s economic stagnation, something that even members of his own party repeatedly point out. Upstate needs all these ingredients to help fuel its economic recovery. While Gov. Cuomo may have started the process—and deserves credit for it—Astorino is promising to finish it.

Helping Working Families Achieve A Better Life

Buy American - The job you save may be your own By Mario Cilento President of the New York State AFL-CIO Last year, New Yorkers were rightfully outraged when the MTA outsourced $34 million in steel production and fabrication for renovations to the Verrazano-Narrows Bridge to Chinese companies. The revelation that our public dollars were being used to support jobs in another country was shocking, leading many to ask, “How is this even possible?” Sadly, it is, and it isn’t a onetime anomaly. Chinese companies have won contracts for subway renovations, bridge repairs, and commuter rail projects. This should concern all of us. First, many Americans are still struggling to find work or holding onto their jobs with a very tenuous grip. In the last decade, New York has lost 304,900 manufacturing jobs alone. The fact that public money would further endanger jobs is shameful. But there are concerns besides jobs. At least six bridges in China have collapsed since 2011, and right here in America, when Chinese steel was used on the San Francisco-Oakland Bay Bridge, there were problems such as faulty welds, which delayed construction and led to cost overruns. Foreign companies can produce products cheaper, but the problem is they are not competing fairly. In 2011, 46% of the top steel companies were state-owned, and accounted for 40% of worldwide production. This government subsidization allows these companies to “dump” their product at cut rate prices that harm our own domestic production. Dumping is widespread with charges having been leveled at France, Germany, Italy, Japan, Mexico, Brazil, Taiwan, Indonesia and the list goes on and on. Before the pitch is even thrown, foreign competitors are already halfway to first base. To level the playing field, New York procurement laws should be amended to encourage the use of American produced steel, iron, and manufactured goods. There are some preferences already in current law, rules and regulations of state agencies, authorities and local governments. However, they vary greatly and are applied ineffectively and inconsistently. The Labor Movement, led by the United Steelworkers and working in conjunction with steel manufacturers and the Alliance for American Manufacturing, supports the New York State Buy American Act, sponsored by Senator DeFrancisco and Assemblyman Morelle. It will establish a thoughtful and cohesive “Buy American” requirement in infrastructure procurement throughout New York State, its localities and agencies, while allowing reasonable exceptions where necessary. Such a preference already exists when state agencies fund projects through federal grants. In addition, the bill adheres to international trade agreements. The Buy American Act will protect and grow direct jobs in America, as well as indirect jobs by pumping our public dollars back into our own economy. New York stands to benefit, in particular, because of its strong existing manufacturing base. We have the ability, we just need the work. Further, and just as importantly, this legislation will ensure quality American craftsmanship in the infrastructure our families utilize each and every day to get to school and work. Together, we have a chance to correct an obvious inequity in state law, which hurts American workers, companies and taxpayers alike. We hope you will join us in making NY work for hardworking New Yorkers by supporting “Buy American.” For more information, visit www.nysaflcio.org.

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on the radio. Cuomo has tabled a decision on hydrofracking until after a health study is completed. Instead he’s focused attention on other burgeoning upstate industries like tourism, dairy, and wine and beer, which some see as antithetical to shale gas drilling as well as more sustainable in the long-term. To address the state’s high business taxes, Cuomo instituted the Start-Up NY campaign, a tax–free initiative for out-of-state and some in-state businesses to relocate or expand on the state’s college campuses. Astorino has referred to Start-Up NY as “a joke.” “Nobody’s coming from Arizona or Texas or the Carolinas or Florida to New York, with our tax burden and our regulations,” Astorino told the Auburn Citizen. Though it is still too early to assess whether Start-Up NY will be successful, some long-time upstate manufacturers like Tough Traveler, a luggage maker based in Schenectady, find the initiative tough to swallow. “Start-Up NY seems like quite a problem,” said Nancy Gold, Tough Traveler’s CEO. “It’s the wrong move. Everybody in New York will be paying for it. And of course as manufacturers we don’t see any reason for it.” In his acceptance speech at the Democratic convention, Cuomo said, “Thousands of businesses have applied to come to these start-up zones all across the state, but especially in upstate New York.” Gold isn’t convinced. “I can’t imagine who it’s going to help,” she said. “It’s a massive tax giveaway.” While the governor has focused on addressing property taxes and creating initiatives to bring business into the state, he has been less aggressive when it comes to mandate relief, creating an opening for Astorino, who has crisscrossed the state talking about why costs keep rising. It’s a message that resonates with Harden. “We have to continue to reform some of the regulations, some of the laws that have been drivers of New York State inefficiencies and drivers of the high costs of doing business in the state,” he said. It’s not as if Gov. Cuomo isn’t aware of the problem; he’s just pragmatic, saying the political will isn’t there to tackle mandates like Triborough, Scaffold and Wicks. But Astorino isn’t buying it. He recently told the Corning Leader that Cuomo’s efforts to limit the growth

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mid all the stories about corruption and ethical misconduct that come out of Albany, it is sometimes easy to overlook just how many extraordinarily bright and talented people work in the state capital and elsewhere in New York politics and government. Each year City & State is deluged with so many worthy nominations for our annual Rising Stars list that the most difficult part of our task becomes not identifying the state’s up-and-coming leaders but winnowing the roster to just 40 women and men. This year’s competition was as fierce as ever with hundreds of notable elected officials, advocates, consultants, operatives, union leaders, flacks and journalists from every corner of the state in the running. The 40 young people we ultimately decided to honor may still be early on in their careers, but they have already distinguished themselves in the eyes of their colleagues, and are well on their way to even greater and more meaningful accomplishments in the future. City & State is proud to present out 2014 class of 40 Under 40 Albany Rising Stars.

andice Giove found her calling in elementary school while writing a book report about Nellie Bly, the pioneering 19th century journalist. Giove, then a fifth grader in Ozone Park, Queens, learned that Bly, one of few female reporters in that era, was widely known for feigning insanity to expose the poor conditions at a mental institution in New York. “Since that point, I fell in love with journalism and the idea of it, and I decided that that’s what I wanted to do, and I did it,” Giove said. “I really loved that she did undercover work, and that’s what I did for the Post.” After getting her start as a freelancer for the Queens Ledger in high school, Giove studied journalism at the College of Mount Saint Vincent in the Bronx and was hired at the Bronx PressReview and The Riverdale Review, where she first encountered state Sen. Jeff Klein. Joining the New York Post in 2010, she was the first reporter to sleep at Occupy Wall Street and broke the story of then Assemblywoman Naomi Rivera’s questionable romantic relationship with a man she had hired to work in her district office. Giove left journalism behind six months ago after Klein recruited her to join his Independent Democratic Conference as a top communications staffer. “I thought it would be very interesting to see what the other side is like,” Giove said. “What surprised me is what a workhorse Jeff is. I think he’s an incredible elected official, and I think from the other side, you don’t really get to see that.” If you were not working in politics or government, what would you be doing? “Investigative journalism.” What is one thing on your bucket list? “To write a book. I definitely want to leave something behind.” —JL

CANDICE GIOVE Deputy Director of Communications, Independent Democratic Conference Age: 32

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Capital Region Political Action Coordinator, Civil Service Employees Association Age: 35

ryan Miller’s political education began in college at SUNY Brockport— although he did not become enthralled with the subject in the classroom. Instead Miller’s political interest was piqued thanks to long, spirited debates with his more informed roommate. “We endlessly ended up debating politics to the point where I minored in political action, and it kind of took over from there, and it started me down that path of politics,” Miller said. “Prior to that I was actually a history major, and my intention with that degree was I was either going to become a teacher, a professor, or work in a museum or something like that.” Miller went through a similar crash course on union politics after transitioning from working with the state Assembly communications office to the Civil Service Employees Association, one of the state’s largest public unions. He had little experience dealing with union politics, but today he is responsible for disseminating bills and legislation down to the rank-and-file members, as well as getting the union involved in local elections. It is those daily interactions with union members that Miller values most in his job. “I was aware of unions and their role, and I was also aware of CSEA and their prominence, but it wasn’t until I was in this position that I really came to respect the unions in general,” Miller said. “As long as I’ve been here, the members have educated me on the importance of unionism. Sometimes it’s the other way around, but it’s really our union membership that’s taught me.” If you were not working in politics or government, what would you be doing? “I’d definitely be a history professor, sitting and lecturing hours upon hours to a bunch of bored students.” What is one thing on your bucket list? “[To] write a movie script.” —NP

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athan Schaefer grew up on a small farm outside a small town in Ohio, raising cattle and participating in 4H. “It’s quite a different lifestyle than the one I currently live,” he said with a laugh. Schaefer knew his life would eventually diverge from the one he was born into, but his history has only improved his advocacy work, he says. “I think it has helped me be able to relate to people with different backgrounds and different political persuasions,” he said. “New York State is incredibly diverse, and we have to work with everyone on every side of the aisle. I can relate to almost anybody.” Building on his experience at the Gay Men’s Health Crisis and the AIDS Taskforce of Greater Cleveland, Schaefer now is the executive director of Empire State Pride Agenda. His job consists of managing the large nonprofit and serving as its chief lobbyist, fundraiser and spokesman. As usual at this time of year, he’s currently pushing for legislation in Albany. Among other bills, the 2014 agenda includes the Gender Expression Non-Discrimination Act, which would provide civil rights protections for transgender New Yorkers. “It’s been challenging for folks to recognize that in the LGBTQ community there are more needs for us to be pursuing in a post-marriage environment,” he said. “We got marriage equality three years ago, [but we still] have a lot of particular challenges and opportunities.” If you were not working in politics or government, what would you be doing? “My ideal retirement job is to host whale-watching tours. It’s a hobby of mine, and I only get to do it once a year. I love whales. I’m terrified of them, but I think they’re fascinating.” What is one thing on your bucket list? “Bungee jumping. I’ve done skydiving and I’ve jumped off a building in Las Vegas, and later this summer I’m going up in a hot air balloon.” —AG

NATHAN SCHAEFER Executive Director, Empire State Pride Agenda Age: 33

CARLOS RODRIGUEZ Assistant Comptroller for Intergovernmental and Community Affairs, Office of the State Comptroller Age: 39

s a kid, all Carlos Rodriguez wanted to do was fly. He and his twin brother dreamed of being pilots. But while his twin grew up to be a pilot for JetBlue, Rodriguez turned to his other passion—politics. “I came from the Dominican Republic when we were about 7 or 8 years old, and we always used to love flying,” Rodriguez said. “We took flight lessons in high school. I almost got my license, and I went to Dowling College because they had a flight program, but after that I pursued government and politics, so I kind of went totally in the opposite way of my initial career path.” Although his journey diverged from his twin’s, he did follow the path of his older sister, who promoted nonviolent resistance in the Dominican Republic and pushed for the rights of Haitians. He also worked with an older brother in New York City to organize a national conference for Dominicans in 2000 that featured First Lady Hillary Clinton. He later helped that older brother—Ydanis Rodriguez—run successfully for the New York City Council. Carlos also had stints with Manhattan Borough President Virginia Fields and city Comptroller John Liu before joining state Comptroller Tom DiNapoli’s office in January. “This is the best I’ve had in my career,” Rodriguez said. “Ever since college I’ve worked in the public sector, and working for the state comptroller—he’s a great public servant, and I’m honored to put my name under his leadership. But he’s also a really good human being.” If you were not working in politics or government, what would you be doing? “I would probably be flying.” What is one thing on your bucket list? “I have two children, and I just want to see them grow up and be productive human beings and good people.” —JL

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BRYAN MILLER

mily Whalen explored a variety of legal positions after law school, trying to determine what interested her most. After working for a small firm in the private sector, she took a job as an associate counsel to the New York State Senate, where she fell in love with public policy. It might just be in her blood. “I have two parents who have always worked in public service,” Whalen said. “I have a father who worked in public service for his entire life, and I have really gotten a love for this world from them.” Today she is a government affairs attorney and an associate at Wilson Elser. On any given day Whalen monitors legislation relating to healthcare, education or financial services, takes meetings with legislative staff and meets to strategize how to approach issues. She spends a great deal of time on healthcare in particular, delving into how so many new laws are affecting the country and the clients she represents. Whalen loves her job. “It really is an amazing world to have the opportunity to work in,” she said. “It’s something different every day. I’ve been able to meet so many wonderful, extremely talented, experienced attorneys, and they have taught me a lot.”

If you were not working in politics or government, what would you be doing? “I definitely would be involved in some area of the law, preferably one with an element of public service. If I could not practice law, I would be someone who coordinates big expensive trips for people. I love learning about new cities, the cool things to do there, where to go and what to eat.”

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What is one thing on your bucket list? “To be able to say I’ve been to all seven continents. I’ve been to three; I only have four more to go. And to meet a sitting president or a prominent government leader.” —AG

EMILY WHALEN Associate, Wilson Elser Age: 32

CHARLENE OBERNAUER Executive Director, New York Committee for Occupational Safety and Health Age: 30

y day she protects the health and wellbeing of New York State employees. By night she plays the bass guitar in an indie rock band. “I’m endlessly teased because I’m a musician,” Obernauer said. “Sometimes people from my professional life come to see my band play, and it’s interesting because they’re two very different worlds.” A graduate of SUNY Stony Brook, Obernauer spent seven years at Long Island Jobs with Justice, where she also served as executive director before taking on the same role at NYCOSH. People often think her job consists of spending time at job sites, wearing a hard hat and berating employers, Obernauer said—but that simply isn’t the case. She spends most of her days helping her staff manage their projects, keeping an eye on new policies, managing grant money and making sure the organization is running smoothly. “The majority of my day is spent in the office,” she said. “But sometimes I get to kind of step outside of that role and meet people who have had great training from our staff or meet someone who, as a result of our technical assistance, got a hazard eliminated at their job site. That is the best feeling in the world, because you know that because you’re helping your organization run smoothly, the staff is out there and is able to make a direct impact on people’s lives.” If you were not working in government or politics, what would you be doing? “Not that politics isn’t creative, but I’d probably be doing something more directly creative—a career musician or a writer, maybe.” What is one thing on your bucket list? “[To] write a book of some sort, probably about community organizing. I think capturing the humor and the fighting and the raw aspects of community organizing is something that few people have done.” —AH

s floor counsel for the Senate Democrats, Eric Katz prepares lawmakers for everything happening in the Senate chambers, from providing guidance on debating and speaking on bills to laying out the order of business. He had to quickly get up to speed this year on the Senate’s rules and the rules of order so that he knew how everything worked. But what he does can’t be reduced to protocols and processes. “The biggest thing that I’ve had to learn is just to have instincts on how to react to certain things, and assist Sen. [Michael] Gianaris,” the Conference’s deputy leader, Katz said. “He has great instincts on the floor, so a lot of times he gets there before I do.” Katz also handles the Senate Democrats’ labor portfolio, which involves overseeing labor-related legislation and coordinating with key unions. That part of his job builds on his past experience, including a stint with CWA District 1 after he completed law school and a labor-oriented role for then Assemblyman Rory Lancman. Katz’s interest in politics goes back to high school, where he learned the basics of debating bills in student congress. “Both with Rory and in the Senate I’ve had the opportunity to bring my passion for labor and my passion for legislative process together,” Katz said. “This is my dream job—floor counsel with a labor portfolio. I couldn’t ask for anything more.” If you were not working in politics or government, what would you be doing? “A broadcaster for the Mets. Even though it’s [being] a glutton for punishment watching the Mets all season, I think Gary, Keith, Ron and Eric would be a broadcasting dream team.” What is one thing on your bucket list? “Learn stand-up comedy, so I can make people laugh— including the members.” —JL

ERIC KATZ Floor Counsel, New York State Senate Democratic Conference Age: 27

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Congratulations to Matt Cohen of the Long Island Association and his fellow honorees for being recognized as Albany Rising Stars: 40 Under 40

JAMES FREEDLAND Managing Director, Metropolitan Public Strategies Age: 34

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ames Freedland has worked on plenty of campaigns, from Eliot Spitzer’s gubernatorial bid to Eric Schneiderman’s run for state attorney general to Kenneth Thompson’s campaign for Brooklyn district attorney. What he loves best about the work is writing and telling stories. “I like to synthesize concepts into consumable language,” Freedland said. “I know it may sound cheesy, but it’s also listening and understanding what will connect with the public and what won’t connect. Everything in life—not just politics— is really about organizing and communicating. Those are the two guiding forces of the work that I have done and that I hope to continue to do.” After growing up outside of Detroit, Freedland moved to the East Coast to attend Sarah Lawrence College, just north of New York City in Westchester County. He quickly fell in love with New York, and returned to the state after getting a master’s degree at Harvard University’s Kennedy School of Government. He became a top staffer under Attorney General Eric Schneiderman, where he worked with Neal Kwatra, now his boss at Metropolitan Public Strategies. Freedland, who was also involved in the successful push to legalize casino gambling last year, is now helping Rep. Charles Rangel in his bid for another two years in office. Other clients includes the state Democratic Party, which is pushing to re-elect Gov. Andrew Cuomo, as well as a host of corporations and unions. “I don’t really sleep much,” Freedland said. If you were not working in politics or government, what would you be doing? “I would be a writer for one of those TV shows with re-enactments, like Unsolved Mysteries or Deadly Women. I’m completely obsessed with these totally insane shows—I can’t tell you why.” What is one thing on your bucket list? “Meeting Oprah Winfrey.” —JL

ndrew Ball didn’t have to wait long to find a job after college. Shortly after graduating from Syracuse University with a degree in political science, he was on the campaign trail helping Andrew Cuomo win the governor’s race. “About two weeks after I graduated from Syracuse, I started interning on the governor’s campaign in 2010, and I’ve been pretty busy since then,” Ball said. Ball landed in the governor’s legislative and intergovernmental affairs office, coordinating with lawmakers, addressing constituent issues and traveling across the state doing advance work. His responsibilities grew, and in the past year Ball was named confidential assistant to the governor. “I see myself as the utility player in the office, filling a lot of different holes,” he said. “Primarily I work in the planning, from start to finish, of the governor’s public events—in terms of finding the location and setting it up and getting the right people there and in the right spot and the program and all that stuff.” What stands out most for Ball is the administration’s response to several major natural disasters. He remembers vividly seeing the firehouse in Keene, N.Y., leveled by Tropical Storm Irene and then returning last year when Cuomo cut the ribbon on the new building. He was struck by the reaction to Superstorm Sandy. “I was born and raised on Long Island, so to see these communities completely devastated and these people’s lives totally changed, and working with them and working with the communities over the past year to help them build back has been a pretty powerful experience to be part of and help out in,” he said. If you were not working in politics or government, what would you be doing? “I’d like to work in either the NFL or with the Jets. General manager of the Jets, we’ll say.” What is one thing on your bucket list? “Playing a round of gulf at Augusta National.” —JL

ANDREW BALL Confidential Assistant to Gov. Andrew Cuomo Age: 25

JANET SILVER Partner, Hinman Straub Age: 36

anet Silver has always been active in education in one way or another. After graduating from law school, she helped the boards of some of the first charter schools in New York apply for and secure a charter from the State Education Department or the Charter Schools Institute. Now, years later, as a partner at Hinman Straub, she still works for education clients, including nonprofit special education providers, colleges, universities, and medical and dental schools. She also works with human services providers on issues related to child welfare, adoption, foster care and juvenile justice. “I’m not project-based,” she said. “It really is an in-depth knowledge, and that’s what I love about my job so much. I’m really lucky to be able to work on policy issues with clients that are long-term. They’re kind of like family.” Silver is also the president-elect of the Albany County Bar Association, and will be taking over the organization of roughly 1,400 members next January. When she’s not lobbying or lawyering, Silver loves to spend time in the Adirondacks at her husband’s family camp. “If you work hard during the week, it’s the perfect place to take a boat ride,” she said. “I can’t say I want to hike, though. I may want to sit in my Adirondacks chair.” If you were not working in politics or government, what would you be doing? “Probably litigation, because that’s what I originally started with.” What is one thing on your bucket list? “Finding a solution to the financing of special ed schools would definitely be something on my bucket list. I think I would also love to travel in the Mediterranean, go to Greece and Turkey and Italy.” —AG

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ALYSSA PLOCK Producer, The Capitol Pressroom and Insight, WCNY Public Broadcasting Age: 25

lyssa Plock, the behind-the-scenes producer of Susan Arbetter’s The Capitol Pressroom radio show, has earned a reputation on the third floor of the Capitol as being unflappable. “Things will happen on a live radio show where the connection will drop out all of a sudden or a guest won’t show up or the phone system stops working, and Susan is still on the air and she needs someone in front of her who is calm and not freaking out,” Plock said. “This disaster happened, but we’re okay because I’m just going to go do this and keep a smile on my face, and the show will go on.” Plock, a graduate of King’s College, took a career assessment in high school and it was “off the charts, telling me I should go into media.” Although she knew little about broadcast journalism when she got the job at WCNY, Arbetter was a “really good teacher,” she said. Mostly the WCNY team was impressed that she understood Albany politics. “Every day we do a one-hour radio show and we try to humanize

it so that people can understand what’s going on in Albany without it being way over their heads,” she said. “There’s a philosophy in radio where it’s more like a conversation. What we’re really trying to do is get people involved who might not be.” Plock divides her day between the radio show and Insight, the Emmy award-winning weekly television program that she also produces. “You really have to be able to move puzzle pieces around a lot,” she said. If you were not working in politics or government, what would you be doing? “I would love to be in the movies. Not as an actress, but more on the producer side.” What is one thing on your bucket list? “I want to climb the 46 highest peaks in New York State.” —AH

NYSUT CONGRATULATES

Peter Savage

Karen E. Magee, President Andy Pallotta, Executive Vice President Catalina R. Fortino, Vice President Paul Pecorale, Vice President Martin Messner, Secretary-Treasurer

Representing more than 600,000 professionals in education, human services and health care. 800 Troy-Schenectady Road, Latham, NY 12110-2455 n 518-213-6000 / 800-342-9810 www.nysut.org n Affiliated with AFT / NEA / AFL-CIO

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city & state — June 9, 2014

We’re proud of you, brother!

JESSICA WISNESKI Legislative and Campaigns Director, Citizen Action of New York Age: 34

city & state — June 9, 2014

essica Wisneski won’t tell you that she single-handedly brought campaign finance reform to the forefront of New York State’s political theatre, but she won’t say she didn’t have a lot to do with it, either. The mother of two young children and the wife of a farmer, Wisneski is all about making the world a better place, and she firmly believes that fair elections are a crucial step on the road to making that happen. In her position at Citizen Action, Wisneski wears multiple hats—“You can’t do just one thing in my organization”—and she also sits on several nonprofit boards and committees across the state. But the bulk of her energy over the last years has been spent coordinating the fight for fair elections. “I’m the head of the campaign that is the most impossible campaign to win in Albany,” she said with a laugh. “The reason I love working for Citizen Action is because it fights for social, racial, economic and environmental justice. And fair elections are the kind of game changer in the structure that would allow all of the other things that I care about to happen.” If you were not working in politics or government, what would you be doing? “I’d be so unhappy if I wasn’t working in either of those two things. You wouldn’t even have to pay me to do this work. I would do it voluntarily. I don’t know what else I’d want to do with my life except make the world a better place, and this is how I see making the world a better place.” What is one item on your bucket list? “Make the Working Families Party Row B on New York State’s ballot.” —AH

essica Todtman has a B.A. from Dartmouth, an M.P.A. from Maxwell, stints at the offices of the governor and the state attorney general, and currently directs policy at the State University of New York System Administration. But what she really wants to do is bake. “I bake compulsively,” she said. “I bake when I’m stressed out, I bake when I’m bored. And if I can’t sleep, I will end up baking cookies at midnight. That is one of my things.” It might be genetic. Her grandfather founded a kosher bagel store 68 years ago, and her father is now its owner and operator. Her 91-year-old grandmother still helps out with the bookkeeping. “I’m a bagel heiress,” she jokes. Todtman’s job involves staying on top of education policy, putting together regular briefings, supervising the Master Teacher program and helping with Start-Up NY and the NYSUNY 2020 Challenge Grant Program. Todtman is particularly suited to guiding some of these initiatives, since she worked as a special assistant in the governor’s office when the NYSUNY 2020 program was created. “Both the Master Teacher program and Start-Up NY have the aspect of ‘You gave us this mandate, this is an amazing law, but now we have to figure it out,’ ” she said. “I love that.” If you were not working in politics or government, what would you be doing? “I’d be either a professional stage manager in theater or I would own my own bakery. My dream is to take over the family store and turn it into a bakery, but my dad won’t let me. As he would say, he does that so I can have a better future.” What is one thing on your bucket list? “I would like to go to Australia. And I would like to learn how to make croissants from scratch, so that’s not unobtainable!” —AG

JESSICA TODTMAN Director of Policy, SUNY System Administration Age: 28

JESSICA CHERRY Counsel, State Sen. John Bonacic Age: 26

essica Cherry’s political imagination was captured early on by a famous TV show. “I got really into The West Wing,” she said. “I was obsessed with it from the age of 13, and it caught me up in the whole legislative policy world.” During her last year of law school, Cherry realized she didn’t have a job lined up, and sent a Hail Mary résumé to state Sen. John Bonacic. To her surprise, he called her back, and ultimately offered her a job as legislative counsel. In that role, she advises the senator on Judiciary Committee agendas and how to vote on bills in the policy areas she covers for him. She also talks to lobbyists, takes constituent meetings and does her best to explain the legalese of judiciary bills in plain English. “Learning how to break it down really well and give common sense examples and explanations takes a lot more time than you think,” she said. “There are days that my whole wall is covered with papers.” One of the best parts about her job, though, is being a native daughter of the district that she works for. “Everyone in the office is from the district, so it always means a lot more,” she said. “It really grounds you in what you’re doing to remember that you’re representing home.” If you were not working in politics or government, what would you be doing? “I guess I would still have a law degree. I’d probably be doing some kind of trial work, prosecuting.” What is one thing on your bucket list? “I’ve never been to Africa yet, and I’d really like to do a whole African safari. And I’m always talking about becoming a yoga instructor. I’m a runner, and I was a college athlete, but I love yoga, and I think it’ll serve me better in my old age.” —AG

cit yandstateny.com

JASON CONWALL Upstate Press Secretary, Empire State Development Age: 27

ason Conwall knows firsthand the importance of a healthy economy. When he graduated from college in 2009, the country was in the midst of the worst recession in decades, and he responded to hundreds of job postings and waited months before landing a job with the Senate Democrats in Albany. Now at Empire State Development, Conwall is at the forefront of Gov. Andrew Cuomo’s efforts to bring new jobs to upstate New York. “When I came on, my biggest role was the lead on communications for the Regional Economic Development Councils, which is one of the best initiatives that has been launched by Gov. Cuomo in his first three and a half years here,” Conwall said. “It’s brought people together within the regions, and really empowered them and given them the tools to plan their own economic future and invest in their strengths and identify their weaknesses and try to turn those weaknesses into strengths.” Conwall is also ESD’s top communications official on the

The New York State AFL-CIO proudly congratulates our own Joseph Canovas, as well as his fellow Rising Stars from the Labor Movement - Peter Savage of NYSUT and Bryan Miller of CSEA.

state’s tax credits for movie companies and the Start-Up NY program. One of his proudest moments was helping with a prominent story about the loss of Hollywood jobs to New York. “I just recently worked on a front page story in the L.A. Times talking about how New York is taking a bigger bite out of California’s entertainment industry,” he said, “and that appeared on the front page of the Sunday L.A. Times—above the fold.” If you were not working in politics or government, what would you be doing? “I’m a huge Buffalo Bills fan. Outside of government, I’ve always seen myself doing some kind of communications work for a professional sports team.” What is one thing on your bucket list? “To go fishing in Argentina down in Patagonia. I love fly-fishing, and my father and I go fly-fishing a lot.” —JL

LOCAL 1000 AFSCME, AFL-CIO DA N N Y D O N O H U E , P R E S I D E N T

Best wishes to all of this year’s honorees.

President

Terrence L. Melvin Secretary-Treasurer cit yandstateny.com

and all of thE othEr 40 undEr 40 honorEEs rEprEsEnting thE nExt gEnEration of nEw york lEadErship.

New York State

AFL-CIO

Helping Working Families Achieve A Better Life 50 Broadway, 35th Floor, New York, NY 10004 - 212.777.6040 100 South Swan Street, Albany, NY 12210 - 518.436.8516

www.nysaflcio.org 9069_BMiller Ad.indd 1

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city & state — June 9, 2014

Mario Cilento

Congratulations to CsEa’s own Bryan MillEr

lthough he is still under 40 years old, Joseph Spector has been covering New York politics through a lifetime’s worth of media changes, coups, disgraces and scandals. “When I started, the Internet was just starting to bloom, and we were writing for the daily paper,” Spector said. “The next morning our stories would get online. Perhaps. It wasn’t this Web-first type reporting that we do now.” Spector started out as an intern at the PressRepublican in Plattsburgh when he was in college, and he has been at one newspaper or another ever since. He is currently employed as Gannett’s Albany bureau chief, covering government politics for six newspapers in New York and for the television station WGRZ, the NBC affiliate in Buffalo. A veritable encyclopedia when it comes to modern New York politics, Eliot Spitzer’s resignation, the 2009 state Senate coup, Andrew Cuomo’s election as governor and everything in between, Spector also covered Joseph Lieberman’s run for vice president. “When you think you’ve seen it all—after a while, yeah, I still can be surprised by it,” he said. “But that’s what’s exciting about journalism and being a reporter. You never know when you come in each day what might happen. Here in Albany, I stopped predicting what might happen.”

If you were not working in politics or government, what would you be doing? “I guess I’d probably be lawyer. Find a place where I could debate.”

city & state — June 9, 2014

What is one thing on your bucket list? “I’m a big sports fan. And my favorite team used to be the New Jersey Nets—now the Brooklyn Nets. If I could be in the building when the Brooklyn Nets win the NBA Finals, that would be my bucket list.” —AG

JOSEPH SPECTOR Albany Bureau Chief, Gannett Age: 39

JOSEPH CANOVAS Director of Special Projects, New York State AFL-CIO Age: 31

mbiguous job titles can be nice for casual conversation starters, but in Joe Canovas’ case, the title Director of Special Projects hardly describes the breadth of issues he works on for the AFL-CIO. He may have a law degree, but Canovas’ duties with the federation are not limited to legal minutiae. During legislative sessions, Canovas lobbies the Legislature on behalf of the federation and its member unions. After the session, Canovas shifts to the political operation, assisting union affiliates on contract campaigns and worker strikes where necessary. But Canovas deflects credit for any of the work he has done with the AFL-CIO, insisting that it reflects the power of the statewide labor movement as a whole. “It would be disingenuous just because of the nature of my role and the nature of the work that we do here for me to take credit for any one of the organization’s achievements over the past two-and-change years that I’ve been here,” he said. Canovas has also worked on revamping workers’ compensation policy and workplace safety issues. With so much on his plate, it is a wonder his job title is not Jack-of-All-Trades. “I have this title that doesn’t really explain what I do. I joke around with people and say, ‘I do what I’m told,’ but it’s really a great position in that I have an opportunity to see a little bit of the many areas that we work on,” Canovas said. If you were not working in politics or government, what would you be doing? “I would probably be working on the harbor somewhere, whether [as] a deckhand, or [on] a tugboat crew or a barge crew. I really love being on the water.” What is one thing on your bucket list? “[To] travel to the poles or the Arctic Circle or the Antarctic Circle.” —NP

ordan Carleo-Evangelist once wanted to be an aerospace engineer. But “it’s actually very difficult when you’re bad at math,” he said. So he gave up on that dream while still in high school and decided to enroll in the journalism program at Boston College. By the end of his sophomore year, he was hooked. After graduation, he went right to work for the Albany Times Union as the night cops reporter. Today, Carleo-Evangelist is one of the top political reporters in the Capital Region, a nearconstant presence at the State Capitol and a force to be reckoned with on Twitter. His in-depth understanding of state politics and history allows him to be both witty and insightful, even about topics that can very often be hard to decipher or digest. ”I enjoy writing stories that seem very dull on their face,” he said. “If you can take something like IDA financing or municipal finance and sort of find a way to write about that in a way that doesn’t put people to sleep but also helps them to understand why they should care about that stuff—that’s what I’ve always enjoyed doing.” If you were not working in politics or government, what would you be doing? “Maybe I’d go to law school or be doing something in the nonprofit sector. I’ve gone back to school to get my master’s degree so that I can teach, if it ever comes to that.” What is one thing on your bucket list? “Something I’d like to do before I die is write a nonfiction book—something about the city of Albany, most likely. I’m always impressed by nonfiction books that are so deeply reported that they read like fiction. The latest is on the construction of the Hoover Dam, which is a lot more interesting than it sounds. I swear.” —AH

JORDAN

CARLEOEVANGELIST State Capitol Reporter, Albany Times Union Age: 31

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Vice President of Government Affairs and Communications, Long Island Association Age: 32

’m 32, and I’ve been doing this for about 20 years,” jokes Matthew Cohen. The truth is, he’s not too far off. Cohen got his start in politics at the age of 14, when he commuted on a bicycle to intern for then Rep. Gary Ackerman. After high school, he enrolled at the University of Pennsylvania and worked on political campaigns every summer. At 23 he ended up as U.S. Sen. Charles Schumer’s Long Island director and started going to law school at night. Now he is vice president of government affairs and communications for the Long Island Association. “I’ve worked at the federal, state and local level,” he said. “I’ve worked on campaigns. I’m a Democrat, I work for Democrats, but when you’re working for an organization like the LIA, it’s important to be as nonpartisan as possible.” At the LIA, he collaborates with the business community to build an infrastructure and economy that tries to keep Long Island an attractive place for people to find jobs and raise families. As for Cohen’s own family, he met his wife, Tracie Holmberg, when he was working for U.S. Sen. Charles Schumer, and she was working for Rep. Steve Israel. Together, they have a threeyear old son. “I may have become a little more cynical in the 20 years since I started, but I still think if you have the right person doing the things, you can make a big difference,” he said. If you were not working in politics or government, what would you be doing? “I’d be working for the Mets as their general manager. That would be the dream job I could never get.” What is one thing on your bucket list? “Me and my wife and son going to Game 7 of the Mets at Citi Field winning the World Series.” —AG

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hen Meghan Tadio was graduating from SUNY Geneseo, she went to her professor for a letter of recommendation to go to law school. “He said no! He told me that I didn’t want to go to law school yet,” Tadio recalled. Instead the professor told her to wait and to find a cause that she could put her youthful energy into. “I got online and the Democratic State Party was hiring, and I began knocking on doors and working on campaigns. It was ’08, so they kind of lured us in with Obama,” she said with a laugh. “But it was really great because it was the year we took back the Senate.” Tadio’s work with the Democratic Party took her all across New York State working on various campaigns. She learned a lot and moved up, but eventually she began to tire of the traveling. She knew by then that she wanted a career in politics, however, and so she took the opportunity to work for Assemblyman Francisco Moya, even though doing so entailed Tadio having to sleep on the floor of a friend’s apartment in New York City during her first three months on the job. “I’ve been really lucky to work with great people, especially Francisco,” she said. “He’s a really great guy to work for, and he’s really latched onto issues that affect the day-to-day lives of the people he represents.” If you were not working in politics or government, what would you be doing? “I would—with my best friend Krista, who’s a chef—be owning a homemade charcuterie shop and selling beautiful wines to pair with it. She’s the best chef ever; she makes the best terrines and pâtés.” What is one thing on your bucket list? “I know it sounds kind of cheesy, but I’ve been to Italy once and I would really like to take my family there. We’re Italian, and my mom has always wanted to go.” —AH

MEGHAN TADIO Chief of Staff, Assemblyman Francisco Moya Age: 28

MEAGAN CHEN Legislative Director, Assemblyman Ed Braunstein Age: 24

eagan Chen has always been a little bit ahead of the curve. Raised in Queens, she graduated high school with her associate’s degree, went on to SUNY Albany and then CUNY Law, where she studied full-time while working part-time at Assemblyman Braunstein’s office. She now works as his legislative director at the ripe old age of 24. On a day-to-day basis Chen deals with constituent concerns and making sure all the office’s legislative work goes as smoothly as possible. This can get hectic when she’s working on hot button issues like revenge porn, which she helped Assemblyman Braunstein introduce a bill to address last fall. Her favorite part? “I really love constituent work and just hearing people say ‘Thank you’ for helping them get a benefit or do something that means a lot to them. It’s extremely rewarding.” Oh, and she also does kung fu. “I started training in kung fu in 2011,” she said. “The particular style of kung fu that I practice is wing chun.” During law school, she had to dial back her 12-hour-a-week training schedule, but now she’s back in action. “It’s almost like a real family, and the people who I train with are really like brothers and sisters.” If you were not working in politics or government, what would you be doing? “When I was around 11 years old, my mother took me to the battered women’s shelter at Sacred Heart Church of Bayside. It had a profound effect on me, and I know that if I wasn’t working in politics or in the law, I would still be working in a field that helps those in need.” What’s one thing on your bucket list? “I definitely want to go to Asia. I still have a lot of family over there, and it would be amazing to see them and reconnect with them.” —AG

city & state — June 9, 2014

MATTHEW COHEN

is father was one of the first black students to enroll at the University of Louisiana at Lafayette. His mother was a civil rights activist. His older brother is running for the Maryland House of Delegates. So for Karanja Augustine, a career in public service was a natural fit. “I’ve always had a passion for government and politics,” he said. “More than anything else, I love being around people who share my passion for making the lives of New Yorkers better.” Augustine, who was raised outside of Rochester, started his career as a teenager at Eltrex Industries, his family’s manufacturing business. He completed his undergraduate studies at Duke University and studied law at Georgetown before returning to Eltrex, one of many upstate industrial companies facing the threat of globalization. “I really saw firsthand those businesses that had an amazing run, and then saw it all shipped out to first Mexico and then China,” Augustine said. “I saw the need to diversify, and the kinds of assistance they could use from a place like Albany to make those kinds of strategic changes.” Now at Empire State Development, Augustine focuses in particular on small businesses, disabled veterans and the state’s minority- and womenowned business program. “One of the things that I am most proud of is I wrote the 2010 Business Diversification Act, which was a big deal in the M/WBE community, while I was in the Senate,” Augustine said. “When I came over to the Cuomo administration, I was given the opportunity to really implement it. Cuomo made it a real initiative in all the agencies. It’s been like night and day.” If you were not working in politics or government, what would you be doing? “I would be in private practice.”

city & state — June 9, 2014

What is one thing on your bucket list? “Stand-up comedy. I write sketch comedy, but I’ve never had the guts to do stand-up.” —JL

KARANJA AUGUSTINE Associate Counsel, Empire State Development Age: 39

JULIAN KLINE Lobbyist and Chief of Staff, Bolton–St. Johns, LLC Age: 27

ndustrial and product design, marketing, events coordination, community affairs and lobbying at the State Capitol—Julian Kline has done it all. “Since I graduated college, each job and different endeavor I’ve taken on has sort of changed slightly and led to here, and it’s very different, but it’s pretty exciting,” Kline said. Kline’s previous job was with the Meatpacking District Improvement Association in New York City. He started out on a range of marketing projects, which turned into a lot of community affairs work. “We had a project with the DOT and interacted a lot with the city government, community boards and things like that, and that is sort of what got me interested in politics and the workings of government and how to interact with it,” Kline said. A graduate of the College for Creative Studies in Detroit, where he received his degree in industrial design, Kline sees some similarities with what he learned and his current work as a lobbyist. “You have to base everything on research and do a lot of problem solving,” he said. Kline now lives in New York City and commutes each week to the Capital to lobby politicians on behalf of his firm’s clients. “Our company, overall, has over a hundred clients, from small nonprofits to large international corporations, and we advocate for them,” he said. “We work on a lot of social issues and have the opportunity to help shape current issues. It’s so inspiring to help change people’s lives for the better in New York.” If you were not working in politics or government, what would you be doing? “I would probably go back into a design field. To be able to watch designs and things that you have worked on come to life is really pretty amazing and inspiring.” What is one thing on your bucket list? “I would love to drive a Formula One race car.” —AH

hen she graduated from high school, Kayla Lott had no idea what she wanted to do—so she went away to community college. Seven years later, she is an invaluable asset to the entire New York State Senate Democratic Conference. “I just wanted to get out of the area I was living in and see new things,” she said. “I wasn’t exactly sure what I wanted to do and wasn’t ready to commit to four years. I kind of knew that I wanted to do something political, and so I went for paralegal, and I loved it. I really think that community colleges are the best thing that anyone can do, because you have less debt and you get the same degree, and so why not?” She eventually transferred from Herkimer County Community College to Siena College, where she majored in political science and sociology. Two days after graduating in 2010, Lott got a job in the office where she works today. “Just like any place else, you have to work your way up,” she said. “I started out basically just sending clips every morning to all the senators every day, 365 days a year. It was fun because I was eager and excited all the time, and I slowly worked my way up.” Engaging with young people like herself and making liberal use of social media are two things Lott is passionate about. “Most people don’t even know who their state senator is, nor do they care,” she said. “I think things like social media are making people more aware of what’s going on and what we’re doing. And I love that stuff. I like to see who’s following.” If you were not working in politics or government, what would you be doing? “I always wanted to be a dolphin trainer. Maybe an attorney.” What is one thing on your bucket list? “To run a marathon.” —AH

KAYLA LOTT Deputy Press Secretary, New York State Senate Democratic Conference Age: 25

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JOSH CHERWIN Executive Director, New York State Democratic Senate Campaign Committee Age: 36

osh Cherwin has had a front row seat to national politics from a young age. He began working for the Democratic National Committee three days after his college graduation, served on Al Gore’s 2000 presidential campaign and went through the grueling Florida recount. In 2002 Gore asked Cherwin to be the finance director of his political action committee, so Cherwin moved to Nashville, where he eventually became Gore’s special advisor. “For a guy going through his 20s, to work in such close proximity with someone who I consider a tremendous visionary ... it was a tremendous experience that I will value forever,” Cherwin said. With Gore, Cherwin worked on getting several initiatives off the ground, including launching a 24-hour cable news network, a socially conscious asset management company and an issue advocacy nonprofit focused on climate change. He also got to do fun stuff like going backstage at Saturday Night Live.

Eventually growing tired of spending so much time on planes, he moved to New York City to be closer to his family, and ended up with the New York State Democratic Senate Campaign Committee. There he strategizes upcoming campaigns, analyzes data, raises funds and recruits candidates. In the 2012 cycle the DSCC won four races, and dug itself out of debt. His take on working at the state level? “To be able to make decisions that quickly affect people’s lives is rewarding, but that comes with a lot of responsibility,” he said. If you were not working in politics or government, what would you be doing? “There’s a good chance I’d be a Foreign Service officer. I went to the School of Foreign Service at Georgetown.” What is one thing on your bucket list? “The Kentucky Derby and a safari trip.” —AG

city & state — June 9, 2014

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he best and worst part of my career is that not a single step has been planned in any point in time,” said Michael Lefebvre, chief financial officer for Attorney General Eric Schneiderman. For a man who claims he’s winging it, Lefebvre has certainly made the most of his opportunities. Starting out in the Air Force after the Gulf War, he served four years during the Iraq containment period. Working as a radar technician, he did two tours in Saudi Arabia and one in Turkey before going to college and getting a degree in accounting. After working for different parts of state government, he put in a few years at GE, but decided to go back into public service. “I was interested in working for the state. I just felt like the stakes were much higher,” he said. Lefebvre now runs a bureau of 22 people, allocating and managing resources in lean financial times. An avid fisherman, he has also recently introduced his two daughters to the art of angling.

If you were not working in politics or government, what would you be doing? “For the longest time I really wanted to be a lawyer. And ironically, I now work for the biggest law firm in the country, technically. It’s always been a dream of mine to go back to law school.”

city & state — June 9, 2014

What is one thing on your bucket list? “One place that I’ve always wanted to go is Greece, and I’ve never been to Australia. For some reason, I never got the opportunity to go when I was in the service. I was on the manifest to go, and I got bumped at the last minute. So ever since then I’ve wanted to get back there.” —AG

MICHAEL LEFEBVRE Chief Financial Officer, New York State Attorney General’s Office Age: 39

MIKE NEPPL General Counsel and Director of Government Relations, New York Library Association Age: 35

ometime in the past few years, New York’s libraries realized that they needed a champion. And they found him in Mike Neppl. “The Library Association had never had an in-house lobbyist before, but given the funding we’ve faced the past couple years, they prioritized having a stronger and more sustained presence at the State Capitol,” Neppl said. “And I was excited to be able to provide that service.” His duties include devising lobbying and public communications strategy for the state budget, leading budget negotiations, drafting legislation and meeting with elected officials. Somewhere along the way, he designed a beer coaster advertising campaign to catch lawmakers unawares and inject library advocacy into unlikely places. The gimmick recently received national coverage, and he’s even heard from other organizations that plan on using his idea. Neppl is making progress. Libraries have received more funding this year than they have in years. It’s no wonder: When he gets going on the subject, Neppl is persuasive about the importance of a local library. “It’s a gathering place in many communities, a place where people can go and safely fulfill their intellectual curiosity,” he said. “They’re absolutely crucial.” When he’s not fighting for libraries, he’s likely hiking mountains. “I’ve hiked 17 of the 46 high peaks [in the Adirondacks],” he said, “so I’m an aspiring 46er.” If you were not working in politics or government, what would you be doing? “I think I would probably have pursued a career in academia. Both my parents were publicschool teachers, so teaching is always something that was a draw for me. I hope that maybe in the future I will have an opportunity to do that.” What is one thing on your bucket list? “Going to Antarctica. There’s an allure to having set foot on all seven continents. I like to travel a bunch, so that’s a goal.” —AG

hen Zachary Richner was in college, he took a year off to work at the White House, in then Chief of Staff Rahm Emanuel’s office. “That made me realize that there were jobs out there where you could wake up every day, feel good about what you were doing and help a lot of people,” he said. After graduating from Harvard University, he became budget director for Obama’s re-election campaign in Ohio, a key swing state, and then joined President Obama’s Hurricane Sandy Rebuilding Task Force. Richner now works as director of the New York Rising Community Reconstruction Program, an organization that empowers local communities to guide their own futures by improving their physical, social and economic resilience in the face of increased storm threats. His focus is Long Island, where he deals with 22 communities and helps to allocate $250 million in implementation funds. Richner is quick to share the spotlight with his two fellow directors at New York Rising, Kate Dineen and Amanda Hansen, whom he calls “freaking rock stars.” “Long island is a unique place,” he said. “Having family and friends who were impacted severely by the storm makes this personal ... It adds another level of importance to this work.” If you were not working in politics or government, what would you be doing? “I think I’d probably be trying to cut it as an entrepreneur. I really like to have my hands in a lot of areas and have a job that’s different every day.” What is one thing on your bucket list? “The dirty secret is I don’t really have a bucket list! I want to be fluent in a second language. I’d probably stick with Spanish for now, or maybe Mandarin or Arabic.” —AG

ZACHARY RICHNER Director, NY Rising Community Reconstruction Program, Governor’s Office of Storm Recovery Age: 26

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Senior Advisor and Special Counsel, Office of the New York State Attorney General Age: 36

icholas Suplina has been interested in good government since his days as a political organizer in San Francisco. “It’s something I got involved in early coming right after the 2000 presidential election, the period of self-reflection following that and the opportunity for reform,” he said. “And that still to this day is something that drives me.” A fourth generation New Yorker, Suplina returned to his home state upon graduating from George Washington University Law School to clerk for a federal judge in Manhattan, and eventually started investigating government fraud and public integrity issues. He now works in the state Attorney General’s Office, reforming government from the inside out. “It is the best legal job I can imagine,” he said. “It’s very much at the intersection of law and policy and politics, and I like all of those things. You get to use different parts of your brain, sometimes in the same meeting.” Away from the office, he likes to spend time with his kids in Prospect Park. His wife, who also began as a political organizer, now owns a yoga studio. Suplina is not a big yoga fan, but he does indulge in some photography. “It’s an old love that has come back to me of late,” he said. “I do people, urban settings and the like.” If you were not working in politics or government, what would you be doing? “If I couldn’t be in a piazza in Rome sitting at a café with my wife and taking in the spring sun, I would be teaching. I would teach high school, college, law school, I’d do any subject matter. That’s something I still intend to do at some point.” What is one thing on your bucket list? “I would like to hang out in zero gravity.” —AG

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ike many young men drawn to the labor movement, Peter Savage saw firsthand how unions can have a positive effect on family life, even under less than optimal circumstances. Savage’s father was a member of the International Brotherhood of Electrical Workers, working for a power company in the Niagara Mohawk region for 33 years. When he got hurt on the job, the protections his union afforded him allowed him to keep his job and retire comfortably. “Once I really saw the labor movement in action and it had a big effect on my life, I wanted to make sure I was doing something in the labor movement going forward as I was growing up,” Savage said. He was able to get a foot in the door with the state’s public sector unions, starting at the Civil Service Employees Association before transitioning to New York State United Teachers, the state’s largest union, where he has worked for the past five years. Savage’s focus is primarily on pension and retirement issues for the union membership, a job made even more important by the attacks on retirement security throughout the country. “[NYSUT members] could have made more in the private sector if they had gone out and done other jobs. Instead they decided to go to public service—and in the case of my members for the most part, teach the next generation,” Savage said. “And they’ve earned their pension, they’ve paid toward it, and we have to make sure they have retirement security going forward in life.” If you were not working in politics or government, what would you be doing? “Either playing for the Boston Bruins or teaching.” What is one thing on your bucket list? “To fish the Spey River in Scotland. I’m a fly-fisherman.” —NP

PETER SAVAGE Legislative Representative, New York State United Teachers Age: 36

NORA NIEDZIELSKI-EICHNER Executive Director, New York State Afterschool Network Age: 35

ora Niedzielski-Eichner has followed what some might call a nonlinear career path. While writing her dissertation for her Ph.D. in art history (on mid–20th century AfricanAmerican painting), she moved to New York to be close to relevant archives—only to get involved with Pro-Choice New York. “I was a 29-year-old intern,” she said, “and I discovered I really loved policy work much more than I loved being an art historian.” Applying for the Senate Fellows program, she was placed in the New York State Senate’s majority counsel/program services office, where she focused on education and women’s issues. After the fellowship, she was hired as a legislative analyst. Now executive director of the New York State Afterschool Network, Niedzielski-Eichner sees after-school programs as crucial in both urban and rural areas, and says high quality programs have the potential to improve educational outcomes and boost long-term drug prevention. “After-school touches so many parts of peoples lives,” she said, “and that’s one of the things that I did not realize or expect when I first started this job.” If you were not working in politics or government, what would you be doing? “I probably would have been a curator or an art history professor. I love working in museums. I worked in museums in college and graduate school, and it really was amazing to think about organizing a whole exhibition and helping people see art in a new and different way. But I like politics better, and I’m happy I made the choice.” What is one thing on your bucket list? “I love subways. I love the NYC subway in particular, but my bucket list is to ride every subway system in the world. I have made it on a fair number so far.” —AG

city & state — June 9, 2014

NICHOLAS SUPLINA

RICHARD THOMAS Director, New York Affordable Reliable Electricity Alliance; City Councilman, Mount Vernon Age: 31

city & state — June 9, 2014

ichard Thomas got his start in public service in a very personal way. “My grandmother was swindled out of her home in 2002, and it took six years and six lawyers, but I got the house put back in her name,” he said. That experience led him to leave the world of finance and start working for then Gov. David Paterson, serving as his regional director for the Lower Hudson Valley. It also inspired him to run for—and win—a City Council seat in Mount Vernon. “The best way to put it is: I was called to serve, and I felt obligated to answer that call,” Thomas said. “Mount Vernon at the time faced a lot of problems, and I felt that it was the right thing for me to do.” As director of the New York Affordable Reliable Electricity Alliance, he represents a coalition of business and labor groups and power generators in dealing with all aspects of the electricity industry in New York State. The organization’s mission is to ensure that New York has access to affordable, reliable electricity for years to come. In his rare free time, Thomas is also working on an executive MBA at NYU. But the job and title that he likes best is proud papa. Thomas and his wife—whom he met his first day of class as a freshman at NYU— have an 18-month old son, and they love to visit Westchester parks, “letting him run so Mommy and Daddy can sit and watch.” If you were not working in politics or government, what would you be doing? “I would still be on Wall Street.” What is one thing on your bucket list? “To grow old and watch my family grow and succeed. I also want to become fluent in Spanish, compete a triathlon, trace my Native American roots, and write a book—in that order.” —AG

oger Noyes is a study in contrasts: half communications man, half jazz musician—but complete original. Noyes started out in journalism, working for a group of weekly newspapers covering Albany and the Capital Region. After a stint in Vermont, he transitioned to a job working in the press office for then Senate minority leader Malcolm Smith. In 2007, the opportunity came along to be the first communications director for the Home Care Association. Noyes took the job, and has since weathered seemingly countless changes to the home-care sector over the past few years. “When I started, I was surprised there was an association for one area of healthcare—how much could there possibly be?” he said. “Then I got my foot in the door, and was flooded with different layers of regulations, oversight from local, state and federal government, different ways of being reimbursed, different models of delivering care.” Beyond navigating the labyrinthine healthcare system, Noyes has a second career of sorts, playing guitar in a jazz group called the Arch Stanton Quartet. Last year the group went on a tour of Egypt and played in the Cairo Jazz Festival. They also play in the local Capital region scene, and are currently recording a second CD. “Arch Stanton is a character in a Clint Eastwood movie, but it sounded like a jazz musician’s name,” Noyes explained. If you were not working in politics or government, what would you be doing? “My dream would be to be doing music. That would be ideal. But at the same time I realize that to make music, you tie your livelihood to something you really love. And I am hesitant to do that.” What is one thing on your bucket list? “I think I’d like to do some more overseas touring with my music. Everything on that list is music-related.” —AG

ROGER NOYES Director of Communications, Home Care Association of New York State Age: 36

SARA KING NICCOLI Executive Director, New York State LaborReligion Coalition; Town Supervisor, Palatine Age: 36

ara King Niccoli has what anyone would consider a full life. She serves as executive director of the New York State LaborReligion Coalition, was elected supervisor of the town of Palatine and helps operate a market vegetable farm with her husband and daughter. In a perfect world, however, she would be happy cutting three jobs down to one. “If our government functioned more efficiently, if our government served the people of New York State better, I would probably be perfectly happy farming full time,” she said. But Niccoli’s life experiences keep her focused on her work. “I grew up on the rough side of New York’s income inequality equation,” she said. “That’s pretty core to who I am and how I see the world.” After moving away from home at 16, she managed to finish high school with good grades, graduate from SUNY Albany and earn a master’s degree at NYU. Niccoli now works with her organization to find common areas between religious groups and labor unions to address issues of economic justice. In her free time, she’s a “salsera” and an active participant in the Capital District’s thriving salsa dance scene. She also helps taste-test her husband’s home-brewed beer, made with hops grown on their own farm. If you were not working in politics or government, what would you be doing? “I always thought being a florist would be a good stress-free job. But the last time I bought flowers, the florist told me her job sucked.” What is one thing on your bucket list? “Every day is so insanely full. I guess it’s all one big bucket list. I spend my life with amazing people doing the things I love—what else is there?” —AG

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ROBERT PATTISON Executive Director, J.P. Morgan Age: 39

obert Pattison credits a chance encounter with leading him to his current job as executive director of J.P. Morgan. While participating in a business school competition, Pattison was introduced to a senior banker in public finance at UBS by one of his professors. Though Pattison had bachelor’s and master’s degrees in chemical engineering, and had worked in the pharmaceutical industry for many years, the man offered him a job, and Pattison decided to make the switch to banking. “In engineering, a lot of what we do is very analytical and problem solving,” he said. “You’re being trained to be problems solvers. So a lot of the way you’re trained to think is very applicable to what we do in investment banking.” At his current position as executive director of J.P. Morgan, Pattison works with state and local governments on municipal finance projects. Last fall he worked on the inaugural sale of the New York State Sales Tax Revenue Bond credit.

“It’s a very competitive industry,” he said. “And once you’ve developed strategy, competition can copy it. So you always stay innovative. Can we develop a better way to deliver on what we’re trying to do?” In his downtime, when he is not taking ski trips with his three kids, Pattison is an avid road cyclist. He just completed the hundred mile Tour de Cure in Saratoga Springs. If you were not working in politics or government, what would you be doing? “I may have stayed in biochemical engineering if I hadn’t met an influential professor years ago.” What is one thing on your bucket list? “At some point, I might be interested in serving on a board of an authority or an agency, or a 501(c)(3), potentially getting into local or state government.” —AG

Congratulations to Janet Silver for being recognized as one Albany’s Rising Stars.

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city & state — June 9, 2014

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aima Anjam is the kind of person who craves a good cause. “I originally went down a different career path,” she said. “I was pretty sure I wanted to be a clinical psychologist. But I really missed being out there and involved in the community.” Anjam now works at Environmental Advocates of New York as a liaison between the New York State Legislature, legislative staff and Environmental Advocates on strategic initiatives and bills. She focuses on community health issues like reducing chemical pollution and getting rid of chemicals in children’s products. She’s currently occupied with creating a comprehensive approach to chemical policy reform in New York. But her work is far from over. “We’re still fighting the battle to get rid of cadmium in certain products,” she said. “The Child Safe Products Act would be a solution to this whack-a-mole approach that we play in chemical policy reform.” Unable to resist a good cause, Anjam also sits on the board of Upper Hudson Planned Parenthood, is a fellow at USC’s Center for Religion & Civic Culture’s American Muslim Civic Leadership Institute and volunteers for Literacy New York.

If you were not working in politics or government, what would you be doing? “If I couldn’t make it as a world-renowned swing dancer (not likely), I would probably be in the social work field. I love talking to people, hearing their stories, and figuring out ways to connect them to others or overlooked resources. But I don’t think I would ever be able to fully walk away from advocacy; there are too many issues I hold close to my heart!”

city & state — June 9, 2014

What is one thing on your bucket list? “To get 200 people to join in the fight against leukemia by registering as bone marrow donors. It’s an issue that’s very dear to me, as my mom passed away from her battle with leukemia.” —AG

SAIMA ANJAM Government Affairs Associate, Environmental Advocates of New York Age: 30

STEVE NAPIER Partner, Southpaw Strategies Age: 30

n 2010 Steve Napier had a moment of clarity. Working on a state Senate campaign, he saw that a campaign consultant’s direct mailing to 30,000 people was going to cost $30,000. “I realized that these political consultants were doing next to nothing for us,” he said. “They were underworked and overpaid. And they were making somewhere in the neighborhood of $15,000 at least for each flight of mail we sent.” In 2011, Napier co-founded Southpaw Strategies with partner Dan Barlow, with the aim of bringing quality, affordable consulting to campaigns in upstate New York. They aim to be embedded in their clients’ campaigns as much as possible, and charge much less than the norm. “It has been our mission ever since not to be that overpaid, underworked consultant,” he said. So far he’s worked for candidates from the North Country to Westchester County, from Assembly, county Legislature and City Council candidates to the mayors of Albany, Saratoga and Troy. Napier helps out with all aspects of his campaigns, including fundraising, donor research, hiring staff, crafting messaging and providing direct-mail service. This April he won a Pollie Award, a national prize given for excellence in politics and campaigns by the American Association of Political Consultants. His life outside of work is also thriving: Napier just bought his first home, and he plans to get married next March. One of the mayors he worked to elect, Joanne Yepsen, will be officiating the ceremony. If you were not working in politics or government, what would you be doing? “I might work in political journalism. Or I would be something like a social worker.” What is one thing on your bucket list? “I want to tour Europe: Italy, France and Spain.” —AG

hen Steven Friedman gets an unexpected call, he knows he should take it. A few years ago a local adoption attorney phoned Friedman—Assemblyman Charles Lavine’s legislative director—and said that New York’s adoption laws didn’t recognize a new international treaty on international adoption. Friedman and Lavine discovered that orphaned children overseas were left in limbo, and coordinated with the governor’s office on legislation to remedy the situation. “It was the classic example of how a bill becomes a law,” Friedman said. During a 2011 vote for the landmark same-sex marriage law, Friedman was one of the few staffers in the Legislative Office Building. When a producer from The Rachel Maddow Show called, Friedman frantically tried to track down his boss, who briefly got on the line. After the interview, the producer told Friedman they still had three minutes to fill. “I was so nervous!” Friedman recalls. “[He said} ‘Stay on the line, we’re going to give you a few questions with Rachel.’ It was really cool.” While at the University of Albany Friedman, who grew up on Long Island, landed in Lavine’s office through the Assembly intern program. “I didn’t know much about state government,” he said. “I knew who my congressman was. I knew who my county legislators were. I probably knew who the governor and the attorney general were. I’m sure I didn’t know who Chuck Lavine was. But we got along really well, and we’ve got a good team going here.” If you were not working in politics or government, what would you be doing? “Definitely a chef.” What is one thing on your bucket list? “I would love to go scuba diving.” —JL

STEVEN FRIEDMAN Legislative Director, Assemblyman Charles Lavine Age: 25

cit yandstateny.com

ANDREW KENNEDY Assistant Secretary for Economic Development, Executive Chamber Age: 35

f you were to make a list of the major economic development initiatives launched in New York State in recent years, Andrew Kennedy probably had a hand in most of them. As Gov. Andrew Cuomo’s point man for a wide variety of economic development projects and agencies, Kennedy has helped out with everything from the Buffalo Billion to the New York State Film Tax Credit Program to Start-Up NY. He oversees Empire State Development, as well as various state agencies dealing with housing. He also played a role in several city projects, including Cornell University’s tech campus on Roosevelt Island and the Brooklyn Navy Yards. The RiverBend project in Buffalo, where the state recruited two companies that are bringing more than 1,500 jobs to the city, was one of the projects he found the most rewarding. “A lot of the work has been focused on the big deals, and I’ve gotten to touch a lot of important economic development and housing projects,” Kennedy said. Kennedy inherited a commitment to public service from his family. His father was a police officer, and his

grandfathers served in the NYPD and FDNY. After high school, knowing he wanted to go into state or federal government work, Kennedy enrolled at Siena College. His first job after college was with the Assembly Ways and Means Committee. Officially Kennedy became assistant secretary for economic development in 2012, though he was already on loan to the Executive Chamber from the Budget Division since early 2011, when he was brought to the Second Floor to help launch the Regional Economic Development Councils. “I was one of those agency people spending a lot of time upstairs in the governor’s office,” he said, “and they sort of memorialized it and gave me the title.” If you were not working in politics or government, what would you be doing? “Probably real estate development.” What is one thing on your bucket list? “[To] travel in Europe.” —JL

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city & state — June 9, 2014

EMMA FORBES Policy Analyst, Albany County Executive Dan McCoy Age: 24

graduate of the English department at SUNY Albany, Emma Forbes has never taken a formal policy or politics class. “I actually got into politics pretty much by happenstance,” she said. “I applied to the Assembly internship for professional development and the experience after college, and it wound up being the best decision that I ever made.” Following her internship, Forbes was placed in the office of then Assemblywoman RoAnn Destito. “Right away I got this sense that government was super accessible—and if you worked hard, you could make a name for yourself and really have an impact, and I really responded to that,” Forbes said. The community work she did during a stint in Assemblyman Keith Wright’s Harlem office inspired her to return to Albany to work locally in her hometown. In her position at the Albany County executive’s office, she enjoys the challenges of dealing with such diverse demographics.

Emily Whalen Among this year’s “40 Under 40” whose contributions to our firm and community are felt every day. Wilson Elser salutes our esteemed associate Emily Whalen for her inclusion in the 2014 class of “40 Under 40.” We have been privileged to witness Emily’s star rise as an accomplished attorney and agree with City & State that she exemplifies the leadership, foresight and vision that will help secure a bright future for our state.

“Helping Dan navigate these landscapes—from rural to superrural to inner city—is really interesting,” Forbes said. “It helps me challenge myself and my own views just to be working with so many different kinds of people and serving such a different population and community. It’s real.” If you were not working in politics or government, what would you be doing? “Ideally, traveling, eating and getting paid to write about it, but more realistically I’d probably be merrily chipping away at a graduate degree and bartending at night to feed myself and my dog.” What is one thing on your bucket list? “I’d really like to belt out a song at karaoke. I’ve never karaoked—it makes me kind of nervous. But, like, belt it out. Really feel it. And not just in my shower.” —AH

We Congratulate Our Colleague

Julian Kline and all of City & State’s “40 Under 40 Rising Stars”

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INSURANCE

SPOTLIGHT: INSURANCE

SPOTLIGHT:

MEDICAL MALPRACTICE CAPS

By NICK POWELL

AUTO INSURANCE FRAUD

SCAFFOLD LAW UPDATE

By JON LENTZ

cit yandstateny.com

city & state — June 9, 2014

By MICHAEL JOHNSON

SPOTLIGHT: INSURANCE

CAP DAY ?

Don’t expect Albany to cap malpractice damages any time soon

By NICK POWELL

city & state — June 9, 2014

ooking to file a medical malpractice lawsuit for as much money in damages as you want? Better hope you have a New York zip code. New York is one of 15 states in the country that does not cap “noneconomic” medical malpractice damages. Noneconomic damages are subjective, unquantifiable losses such as pain and suffering, mental anguish, loss of companionship and disfigurement, which means that if you are a patient who falls under these categories, you can sue for any dollar amount, and if the outcome of a lawsuit turns out wholly in your favor, you are entitled to every penny. Caps on noneconomic damages diminish physicians’ liability from a financial standpoint, which in turn leads to lower malpractice insurance rates—an equation that has insurance carriers, trial attorneys and their powerful lobbies up in arms and is, consequently, one of the main reasons legislative reforms to the current system have stalled in Albany. Still, some government officials keep trying. In 2011, as recommended by his Medicaid Redesign Task Force, Gov. Andrew Cuomo proposed establishing a $250,000 cap on noneconomic damages and created a Neurologically Impaired Infant Medical Indemnity Fund to compensate brain-damaged infants. Doctors and hospital groups, including the American Medical Association, immediately applauded the tort reform push. “Every dollar spent on the broken medical liability system is a dollar that cannot be used to improve patient care,” said Cecil Wilson, M.D., then president of the AMA. Insurance companies and the New

York State Bar Association, however, mobilized against the proposal, contending that the cap would prevent injured children, among other patients, from collecting an amount equal to their pain and suffering. As reported by The Post-Standard, the consumer rights advocacy group Public Citizen penned a letter to Cuomo and state lawmakers calling the proposal “inhumane” for taking away patients’ legal rights and shielding doctors and hospitals from liability for negligent medical errors that injure and kill patients. While the Infant Indemnity Fund ultimately was included in the state budget that year, the cap was left on the cutting room floor. The cap proposal has not been revisited since, and according to James Seward, who chairs the state Senate’s Insurance Committee, the lack of a robust medical malpractice market and the various competing interests make any tort reform unlikely in the near future. “Getting compromises and real changes have proven to be very, very

difficult,” state Sen. Seward said. “I think we kind of muddle along here until there’s a serious crisis [like] a lack of any coverage … [If] the governor of the state would like to convene these stakeholders and help us hammer out an agreement for changes, that would make the market more robust here in New York.” The Indemnity Fund essentially relieves doctors and hospitals of any liability in lawsuits where infants suffer neurological damage, instead moving the cost of settling these cases to the taxpayers. Seward said the program was necessary, as those particular cases tend to result in larger than normal payouts. The fund has proven to have little overall impact on the medical malpractice insurance market, he said, calling it “the best that could be obtained at that time” and “a potential model” for future discussions on tort reform. Meanwhile, medical malpractice lawsuits in states without noneconomic damage caps continue to pay out large amounts of money to patients. New

York ranked first in the country, according to data compiled by Jeremy Gower of the medical malpractice insurer Diederich Healthcare, having paid out roughly $690 million in 2013, nearly double the total of the next highest state, Pennsylvania, at $357 million. But until the medical malpractice insurance market grows to the point where tougher regulation is deemed necessary, expect the status quo to continue. “From where I sit, I think the best thing we can do here in the state as policy-makers is create the right environment so insurance consumers have choices and coverage [at a fair] cost,” Seward said. “What that takes is competition and a number of carriers competing for business; that gives consumers choices in terms of coverage and cost that meets their needs no matter what type of insurance you’re talking about. That doesn’t exist in the medical malpractice area to the extent that we need it and [would] like it to be.” cit yandstateny.com

SPOTLIGHT: INSURANCE

By MICHAEL GARETH JOHNSON

cit yandstateny.com

DEGREES OF SEVERITY

Lawmakers Differ on How Harshly Car Accident Fraudsters Should Be Punished let insurers retroactively cancel plans that were started fraudulently with fake IDs or stolen credit cards. The Senate is aiming to reach an agreement with the Assembly on these bills to better counteract the problem. “I’d like to see us come to terms with the Assembly on all three,” Seward said. “We are closer on the staged accident—not quite there. But I’d prefer to have a three-pronged approach.” Assembly Insurance Committee Chair Kevin Cahill could not be reached for comment about where negotiations stand on the package of bills. The Assembly has been holding hearings around the state to discuss various issues involving auto insurance, including abuses to the no-fault system. The Cuomo administration is also looking into how to tackle the concern. Benjamin Lawsky, the superintendent of the state’s Department of Financial Services, said he would like to see legislation giving his office more

power to go after runners. “We have a proposal that’s out there to allow DFS to go into these ‘no fault’ clinics, and basically seize documentation, and potentially move

toward shutting them down when they’re engaged in fraud, which cost consumers tons on money,” Lawsky said. “And we’re going to continue to push hard for that kind of legislation.”

THE TWO PROPOSED VERSIONS OF “ALICE’S LAW” SEWARD (S.3547)

WEPRIN (A.7989)

Staging an Accident 3rd degree

Class D felony

N/A

Staging an Accident 2nd degree

Class C felony

Class E felony

Staging an Accident 1st degree

Class B felony

Class D felony

NEW YORK STATE PENAL LAW SENTENCING GUIDELINES: • Class E felony = up to 4 years • Class D felony = up to 7 years • Class C felony = up to 15 years • Class B felony = up to 25 years

city & state — June 9, 2014

n March of 2003, 71-year-old Alice Ross was killed as the result of a staged auto accident, when her car swerved off the road and hit a tree after she was intentionally crashed into on a street in Queens. The incident prompted immediate concern from state lawmakers, who set about trying to draft legislation to deter scam artists who intentionally get into car accidents in the hope of collecting money from phony insurance claims. The state Senate and Assembly subsequently put forth “Alice’s Bill” to address the problem. But a decade later the bill has failed to pass both houses. The reason for the holdup has been a difference of opinion as to how severe the penalties for this type of fraud should be. The Assembly’s 2014 bill, sponsored by Assemblyman David Weprin, would make staging a motor vehicle accident a felony carrying up to seven years in prison if the accident resulted in severe bodily harm or death. The Senate version requires up to 25 years in prison for the same crime. “The Assembly version we consider to be much weaker, and district attorneys tell us it doesn’t give them the tools necessary to combat this issue,” said state Sen. James Seward, chair of his chamber’s Committee on Insurance. Seward said the Assembly and Senate have been getting closer to hammering out an agreement on a bill that would make staging an accident a crime. Meanwhile, the Senate has also passed two other bills to combat the fraudulent practice. One of them, which is sponsored by Senate Co–Majority Leader Dean Skelos, would make it a crime to steer accident victims to crooked doctors who bill Medicaid for unnecessary medical treatments. Law enforcement calls these people “runners,” accomplices who often work side by side with those who stage the accidents. A second bill sponsored by state Sen. Marty Golden would

SPOTLIGHT: INSURANCE

THE SCAFFOLD LAW STALEMATE

Status quo expected on controversial construction safety law

By JON LENTZ

city & state — June 9, 2014

ew York’s Scaffold Law, a state provision that protects workers at construction sites, has for years withstood attacks from critics and attempts to reform it. As this year’s legislative session winds down, state lawmakers do not expect the outcome this time around to be any different. “I am optimistic that this is something we can change moving forward, just not as optimistic about something being done this year,” said state Sen. Patrick Gallivan, the sponsor of a bill that would amend Labor Law 240, commonly known as the Scaffold Law, in an attempt to reduce liability insurance costs for construction firms. Defenders of the law, who say it is essential to ensure worker safety, pushed back this year with proposed legislation that would require insurance companies to open their books to show the actual impact the Scaffold Law has on rates charged to construction firms. That bill could still come up for a vote in the final weeks of the session, but it is also a long shot to pass. “I don’t think there are going to be any changes this year,” said Meghan Tadio, chief of staff to Assemblyman Francisco Moya, who introduced the bill to require more transparency on the part of insurers. “We’re still hoping we can get the insurance companies to come to the table and have an open discussion about the real issue, and to have some transparency.” The lack of progress is unsurprising, given the entrenched positions on either side of the issue. Gov. Andrew Cuomo likely put the final nail in the coffin earlier this session when he told Crain’s that “you can’t change” cit yandstateny.com

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but the truth is that we just don’t know if that’s the case. Show us the facts. Then we can make an informed decision about whether or not the Scaffold Safety Law should be altered.” Tadio, Moya’s chief of staff, said that the assemblyman would be open to negotiating with insurance companies, but that his office had not been approached with any suggestions as to how to alter or amend the bill to make it more palatable. “His perspective on it is we don’t want to talk about reforming it until we have all the information from the insurance companies, and we’re really just trying to address the issue to protect the workers legislatively and make sure we have all of the facts before we talk reform,” Tadio said. “Until the insurance companies open their books and give us the hard numbers we’re looking for, we’re happy with it staying as is.”

new plan for business

Plan A New York is the only state with the antiquated Scaffold Law, which leaves municipalities, businesses and ultimately taxpayers exposed to infinite threats. A worker bears no responsibility for their actions even if the person was drunk or ignored safety protocols. Trial lawyers are the only benefactor of Plan A and have put forward the so-called Construction Insurance Transparency Act as a distraction tactic. Data about the impact of the Scaffold Law is already available and blatantly reveals the outdated law’s connection to why construction insurance is not available in the state. Plan B Reform the law and adopt comparative negligence—the standard for liability cases in the state. Implementing Plan B will rebuild business and make New York a more affordable place to live.

cit yandstateny.com

a matter of time before changes are made. “Unfortunately, at this juncture we can’t provide a time line for when we expect that to happen,” said Sean Hart, a Morelle spokesman. “But at the end of the day this is not a conversation that is going to go away, and we’re going to continue to work with the key stakeholders toward passage of this bill.” Supporters of the Scaffold Law, meanwhile, rallied around Moya’s bill this session. Questioning the premise that the law is actually raising costs significantly, Moya and others put pressure on the insurance industry to demonstrate such an impact before moving forward with any reforms. “The aim of the Construction Insurance Transparency Act is to get some hard facts,” Moya said. “Opponents of the Scaffold Safety Law claim that the law drives up costs,

SPOTLIGHT: INSURANCE

step to protect workers, although the law’s defenders dispute that point. Gallivan, along with Assembly Majority Leader Joseph Morelle, has introduced legislation in recent years that would amend the law by introducing a comparative liability standard, in effect making the injured worker partially liable if he or she was at fault to some extent. Gallivan argued that the law is inherently unfair and that the high costs tied to the Scaffold Law also create a barrier to entry for new or smaller firms. But Gallivan said that the long odds for reform were made even longer when Cuomo reached a deal to secure the Working Families Party’s endorsement, which raised tensions between Senate Republicans and the governor. A spokesman for Morelle said that while the debate would likely be put on hold until next year, it’s only

/A PLAN / PLAN B city & state — June 9, 2014

the Scaffold Law. The governor attributed the lack of progress in part to the opposition to reform posed by the state’s trial lawyers lobby, which he called “the single most powerful political force in Albany.” Labor unions and immigrant advocacy groups have also fiercely defended the law. At issue is the impact the law has on insurance rates. The law holds construction companies and developers fully liable whenever a worker is hurt in a “gravity-related” accident, unless every precaution was taken to protect the worker. Even if a worker is partially responsible for the injury, the company is considered to be fully responsible in such cases, resulting in substantial settlement payments that drive up insurance costs. Some critics argue that employers are held fully liable even when they have taken every necessary

THE ROUNDTABLE

SPOTLIGHT: INSURANCE city & state — June 9, 2014

JAMES SEWARD Chair, State Senate Committee on Insurance

Q: What are your top priorities for the rest of the legislative session in the area of insurance? JS: I would say I have three. One relates to the area of health insurance. We have, in the Senate, this task force on heroin and opioid addiction, and [recently] we unveiled a 25-bill package to deal with this—what I consider to be an epidemic. One of the key points of that package deals with improving access to insurance coverage for substance abuse treatment, which has been a problem. [My bill] would do two things. It would strengthen and standardize the utilization review process in the substance abuse situations, and it would require the health plans to have a medical director with a background in addiction treatment make the judgment in terms of what is the appropriate treatment for their subscriber of their health plan. It is a requirement under this legislation that these treatment decisions [are] made by a medical [professional] who has a background in addiction. Also, we would require them to use the gold standard of criteria for substance abuse assessment (ASAM); that would standardize this also in New York State. Q: What is your second priority? JS: Legislation dealing with certificates of insurance. We passed legislation last year in both houses that would establish standards for what information goes on a certificate of insurance. This is particularly important in construction situations. What’s happened in the past is—and the brokers and agents have been complaining about this for a while now—they are asked to put additional information on the certificate of insurance; oftentimes it doesn’t reflect

what’s on the policy. And that puts the insurance agent and broker in a very difficult position, because in order to maintain that client, they obviously want to do what the client wants them to do. Otherwise they’ll go down the street and do business with someone else, so it puts them in a very difficult, awkward position. The bill that passed last year was vetoed by the governor because of the concerns raised by some of the state agencies. So this year’s version is a little bit different. We are letting the state agencies continue to use their own forms, but they would have to be approved by the Department of Financial Services (DFS). In other words, we’re turning the state agency issue over to DFS, and then our legislation would pertain to everyone else in terms of their private insurance. It is currently not legal to put inaccurate information on a certificate of insurance. Our legislation would make it a violation. Q: And your third priority? JS: It deals with the Life Insurance [Company] Guaranty Corporation. This guaranteed fund would make the policyholders whole [if an insurance company goes insolvent]. We went through one of these insolvencies a couple years ago with Executive Life of New York, and that has depleted the fund. I have introduced legislation that would [eliminate] the cap on assessments so they could bring in more assessments as needed, but would maintain the current tax credits for the companies. I see no reason to change the practice. There is no immediate impact on the state budget with these tax credits because these assessments don’t occur and the tax credits aren’t obtained until there’s an incident of insolvency, and there’s nothing on the immediate horizon, so I see no reason why we wouldn’t just continue what has been the manner of raising funds for this guaranteed corporation. It protects policyholders and provides the tax credits for the assessments being imposed on the rest of the life insurers that fund this.

BENJAMIN LAWSKY Superintendent, New York State Department of Financial Services

Q: You have been active in urging auto insurers to adapt to usagebased insurance programs (UBI), or for companies to install devices and cars to catalog driving habits. Has this effort been successful? BL: We’ve been very active in encouraging companies to do it. I think we have between six and ten companies that are already now offering different variants of UBI in New York. We recently put out the circular letter that basically says to everyone, You should be considering this and thinking about it, because there [are] a lot of positives. It will save money for the industry, which is good because it helps them to more carefully calibrate their actuary judgments. But at the same time it encourages safer driving on the roads. So we see it as a double whammy, in a good way. Q: Is there a realistic timetable for getting all insurers to implement these types of UBI programs? BL: I don’t think we will get to a point where everyone signs on to it. There are some people who just don’t want their driving scrutinized. But I think over the next year we’d like to see sort of the maximization of the use of UBI for whatever companies want to do it. We’ve seen it really be successful over in Europe, and I think you’re starting to see it here as well. We want New York to be on the frontier, the cutting edge of that. Q: Your office has been active in monitoring insurance companies paying out claims to victims of Superstorm Sandy. What successes and failures have you had in that process? Are there any practices cit yandstateny.com

WHEN LIFE INSURANCE IS IN PLACE NEW YORKERS ARE COVERED For every $2 of existing life insurance coverage in New York there is approximately $1 of unmet need. The life insurance industry in New York continues to do everything possible to make it easier for New Yorkers to secure this critically important protection.

Consider:  $34 billion from life insurance and annuities was paid to New Yorkers in 2012**  $49.2 billion in OASDI benefits was paid to New Yorkers in 2012 by the Social Security Administration***  41% of retirement, death, and related benefits paid to New Yorkers in 2012 was paid by the life insurance industry

$4 out of every $10 benefit dollars to New Yorkers originate in the life industry

Is it any surprise that the life insurance industry is a critical part of helping protect a family’s savings, pay their bills, and even help them live without Government assistance? New York policymakers play a vital role in getting all New Yorkers covered. * LIMRA estimates for New York based on Closing the Life Insurance Gap: One Household at a Time, 2012 ** ACLI 2014 New York Facts, www.acli.com *** LICONY estimates based on Social Security Administration report “Congressional Statistics for December 2012, New York”

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SPOTLIGHT: INSURANCE

you have discovered in this process that will help you respond better to future natural disasters? BL: I think when you look back at all those events, ultimately, the insurance industry performed pretty well. Most people got coverage if they had the right insurance. I think [we learned] two lessons. One is that a lot of people don’t have flood insurance, and if you don’t have flood insurance you’re not covered when you’re hit by damage from a flood—and more and more we are seeing flooding in areas where [we] never had it before. So number one is, more people need to get flood insurance. Two, I think we realized through all these storms that although the insurance industry performed well, the speed with which they performed well is what we really need to improve upon. The faster the industry responds, the faster you’re going to see people getting back on their feet, and the faster you’re going to see communities recovering. And

all the studies have shown—and we see it time and time again—that the faster the community gets a reaction, gets a response from the insurance industry, the better they do in the long-term in terms of the recovery. So I think we’ve let the industry know very clearly what they can expect in future storms now, and we’ll be pushing the industry very hard after future events, at the governor’s direction, to really get them to respond as quickly as possible.

premium sellers were paying at the time of sale, saving the new homeowner significant insurance expense. The rule went into effect on May 1.

NYDIA VELÁZQUEZ Chair, House Subcommittee on Housing and Insurance

Q: The Homeowner Flood Insurance bill passed earlier this year included the elimination of a property transfer trigger, with the intent to rein in costs to homeowners looking to purchase insurance. Do you think it will be effective in lowering costs? NV: This provision will afford new homeowners the same insurance

Q: Last year you took part in the release of a report regarding the SBA’s response to Superstorm Sandy. It stated that a majority of small businesses didn’t have disaster relief insurance. Is there anything you’re working on to increase awareness on the importance of flood insurance policies? NV: I’ve held several meetings with New York officials, FEMA representatives and the Southwest Brooklyn Industrial Corporation to raise awareness about the flood insurance issue. Most recently, last month I moderated a roundtable discussion focused on small businesses, flooding and Sandy. I will continue working to raise awareness on the issue.

Have you heard? Financial Backbone of Communities Insurance provides New Yorkers with financial security and enables people to live life to the fullest. People would not be able to own a home, drive a car or start a business without insurance. In 2012 alone property and casualty companies paid $32.4 billion in claims.

city & state — June 9, 2014

Giving Back Insurance companies and agents are dedicated to serving their communities. The industry donates financially to a myriad of worthy causes with just one example of these efforts being the Insurance Industry Charitable Foundation providing more than $21 million in community grants. Even more importantly, employees dedicate their time to help those in need—whether it’s Meals on Wheels, flood recovery efforts, building a playground or encouraging greater safety—the industry is always looking to make a difference. Economic Driver The industry is a major contributor to New York’s economy contributing $41.6 billion to the gross state product (GSP) in 2011, accounting for 3.6 percent of the GSP. In 2012, the industry provided 190,027 jobs in New York, paid premium taxes totaling $1.3 billion, and held more than $19.3 billion in municipal bonds. KNOw BETTEr NEw yOrK CONNECTiONs

www.nyia.org cit yandstateny.com

CONGRATULATIONS JAMES FREEDLAND For your recognition as a 2014 Albany Rising Star

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SPOTLIGHT: INSURANCE

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THE ISSUES

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The Public Officials Q&A Features: Richard Kauffman New York ‘Energy Czar’

Audrey Zibelman Chair, NYS Public Service Commission

Gil Quiniones President & CEO, NY Power Authority

Assemblymember Amy Paulin Chair, Assembly Energy Committee

State Sen. George Maziarz Chair, Senate Energy and Telecommunications Committee (Public Officials pending confirmation)

Featured Editorial Coverage: Deregulation and Reform of the Power System: Gov. Andrew Cuomo’s “Renewable Energy Vision” initiative proposes to build on past deregulation to further deregulate power in New York. Furthermore, in late April, the PSC announced an undertaking to completely restructure how energy is transmitted and distributed in the state and how power companies are incentivized and compensated. City & State explores the impacts of past deregulation, the implications of future deregulation, and takes a look at what this new energy business model and power network will look like.

Cuomo’s Solar Vision and Traditional Power Networks: In January Gov. Andrew Cuomo announced $1 billion in additional public funds to invest in solar power. City & State explores what the rollout of this plan looks like on the ground and how it will mesh, or possibly conflict with, traditional power networks.

city & state — June 9, 2014

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THE STATE In 2011 the state’s banking and insurance departments were merged into the Department of Financial Services, which is headed up by longtime Cuomo aide Benjamin Lawsky. The office has served in part as a watchdog of insurance companies in New York, regularly announcing settlements for abuse. In the state Legislature, James Seward chairs the Senate Insurance Committee and Kevin Cahill chairs the Committee on Insurance. THE CITY New York City does not have a City Council committee focused primarily on insurance issues, which means that individual bills are dealt with by committees relevant to particular types of insurance. Ultimately most insurance related legislation goes through the Finance Committee, which is chaired by Julissa Ferreras. THE NATION The implementation of the Affordable Care Act has dominated all conversation about insurance on the federal level. Still, as a member of the House Subcommittee on Housing and Insurance, Rep. Nydia Velázquez has been addressing other key concerns in the area. In particular she has been focusing on providing affordable flood insurance to New York City residents. Retiring Rep. Carolyn McCarthy is also a member of that committee.

FLOOD INSURANCE In July 2012 President Obama signed the Flood Insurance Reform Act, which extended the National Flood Insurance Program, with some changes. According to a report by the City of New York, the new law could lead to rate increases of $5,000 to $10,000 for some homeowners in flood prone areas. Further impacting communities has been the introduction by FEMA of new flood maps that have reclassified many homes as lying within a flood zone. A coalition of experts, electeds and advocates including REBNY President Steven Spinola and Reps. Velázquez and Carolyn Maloney have called for changes to the law, warning that without alterations current residents will not be able to afford either to stay in or to sell their homes because of the the higher insurance premiums. SUBSTANCE ABUSE TREATMENT Among a package of bills passed by the state Senate addressing heroin and opioid addiction was legislation sponsored by state Sen. James Seward that would require health insurance carriers to have a medical director with a background in addiction treatment decide the plan of action for any insured person seeking help for substance abuse. The bill would also require that insurers use the patient placement criteria of the American Society of Addiction Medicine or a similar set of standards approved by multiple state agencies. The Assembly has introduced the bill, which is currently in the Rules Committee. AFFORDABLE CARE ACT New York State has been a leader in the country in enrolling residents in the new health exchanges created by the Affordable Care Act. More than 1.3 million applications have been completed, with in excess of 960,000 residents already enrolled in the new exchanges. Donna Frescatore, executive director of New York State of Health, has received high praise for the efficiency of the system. At a hearing earlier this year, even state Senate Republicans acknowledged that the implementation has been mostly successful, although some members of the conference expressed concern about the law’s impact on small businesses. cit yandstateny.com

NICOLE GELINAS

ost in the confusion over Mayor de Blasio’s maiden budget is a question: Does the mayor understand the fiscal risks he’s taking on—not only on behalf of the city but on behalf of his progressive program as well? The answer is critical, not just because the mayor is raising spending, but also because he’s doing it when Wall Street could be in another bubble. De Blasio’s $75.5 billion budget for the year that starts July 1 made news because of how the mayor accounted for the city’s new teachers’ contract. The budget is balanced only because it doesn’t account for or pay for most of the $4.3 billion in salaries the city

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make the de Blasio deficits disappear. The other possibility, though, is that de Blasio doesn’t grasp this gambit—that he just told his budget folks to make the numbers work, so they did (sort of). This version makes sense—once you dig a little deeper into why New York has recovered so nicely from the financial crisis. Gotham has reaped these extra billions because the federal government’s approach to economic recovery has been to pump as much money into the financial system as humanly possible (and then some). Record-low interest rates for half a decade running now have allowed Wall Street to reap huge profits, because Wall Street thrives when the money it borrows is cheap. That’s why, as the city’s budget office noted in an April report, Wall Street profits for 2012 and 2013, though down, “are still the third and fourth most profitable results in Wall Street history.” When were Wall Street’s most profitable results? Not the years leading up to the 2008 crisis. Rather, the two years after the 2008 bailout. Remember, the financial industry still provides 27.7 percent of New York’s total wage earnings—and a higher share of income taxes. That’s

the reason—and the only reason— New York’s budget has looked so good over the past half decade. But it could all come to an end. Super-low interest rates can’t last forever. As the Financial Times reported in early June, “Fears are mounting of a potential bubble in the high-yield bond market, where a rash of new buyers has pushed prices close to record highs.” Bond (debt) crises are worse than stock-market crises. Bloomberg realized that Wall Street’s post-bailout profits were illusory. So he budgeted conservatively. He illustrated, too, in his annual budget speeches how high—and therefore possibly unsustainable—postcrisis Wall Street profits were. De Blasio makes no such warnings. Now he has spent the “extra” money Bloomberg’s conservative budgeting appears to have given him—and then some. The new mayor—as you may have heard!—talks about the tale of two cities. For his governing and re-election plans, he had better hope that the people who are doing extraordinarily well thanks to Washington’s feed-therich policy continue to do so. Gelinas is a contributing editor to the Manhattan Institute’s City Journal.

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awarded for work the teachers did in 2009 and 2010. The city won’t pay for most of this past work until the start of next summer through the fall of 2020. Now the shock that the new mayor is doing something the city hasn’t done in four decades—pay for past operating spending in future years— has worn off. And one wonders: Did the mayor do this because he is taking a risky but calculated gamble, or because he really doesn’t understand? If the mayor is taking a calculated risk, the thinking would be as follows: Yes, the teachers’ deal helped quadruple projected deficits between July 2015 and June 2018, from just under $2 billion total in former Mayor Bloomberg’s final budget to nearly $7.6 billion, but the history of the past four years gives New York ample reason to think it can cover the next four years’ worth of deficits. If you look at the four years’ worth of tax revenues that New York was projecting nearly half a decade ago through 2014, the actual taxes the city collected over those years, in hindsight, turned out to be $11.4 billion higher than expected. The calculated risk version of what de Blasio is doing is that the future will be like the recent past—the city will continue its spectacular recovery, and growth will

city & state — June 9, 2014

DE BLASIO’S FISCAL BUBBLE

STOP FUNDING CORRUPT OFFICIALS

DAVID BUCHWALD

I 44

t is time for New York State to take public corruption seriously. Some reforms have been enacted, others have been proposed, investigations have been conducted, and yet one can safely assume that there will be more reasons for disappointing headlines. Unfortunately, an aspect of the legal landscape undermines public confidence in state government: Public officials in New York can accept bribes, steal taxpayer funds or

otherwise engage in public corruption and nonetheless still collect a state pension check every month for the rest of their lives. That is why I have introduced a bill in the State Assembly that would permit the stripping of pensions from public officials who are convicted of a felony involving a violation of the public trust (A.7173). This proposed constitutional amendment is far more comprehensive than a 2011 statute that applied a similar rule to officials who first entered the pension system after it became law. The vast majority of public officials (myself included, as I served on the City Council in White Plains before being elected to the Assembly in 2012) are therefore presently guaranteed their pensions no matter how reprehensible their actions. That convicted felons who violated their oaths of office sit in prison collecting state pensions not only damages public faith in the purpose of our pension system but also is a disservice to all of the public officials who serve the people of New York honorably and have earned their pensions. Furthermore, it is a clear waste of taxpayer dollars. The time has come for a change, and thankfully more and more of my colleagues are recognizing that. At

the start of this year, 40 Assembly members were sponsors of A.7173. In March, when we held a press conference on the bill, the number stood at just over 60. There are now 91 sponsors of the bill, representing well over the 76 votes needed to pass a bill on the Assembly floor. Both a majority of Democrats and a majority of Republicans in the chamber support the measure. The Senate companion of this bill, S. 1133, is sponsored by State Sen. Neil Breslin, and he is one of 15 state senators who have registered their support for this legislation, along with the Senate Democratic Conference, which endorsed the bill last month. Passing a constitutional amendment is not easy—nor should it be. Bill A.7173 would need to pass through four committees (Governmental Operations, Codes, Ways and Means and Judiciary), or possibly even five (Rules), before even reaching the floor of the Assembly. The bill would need to pass both the Assembly and state Senate in two separate terms of the State Legislature. And then the constitutional amendment would need to be voted on by the people of New York. However, from speaking to voters of every age and persuasion, I have every confidence that if given the opportunity to improve our state Constitution in this way, voters

would approve the referendum overwhelmingly. Meanwhile, people around the state are taking notice. Our bill has gained the support of two prominent goodgovernment groups, the League of Women Voters of New York State and Common Cause New York. And the bill has been endorsed by the editorial boards of the Journal News, Schenectady Daily Gazette, Utica Observer-Dispatch and Watertown Daily Times. Government officials who betray the public trust should not collect a pension in the same way as those who serve honorably, and I’m pleased that so many of my colleagues agree with me. No matter how serious the offense, current law still assures most public employees that their state pensions cannot be challenged. However, with enthusiastic bipartisan support for this legislation, I believe a new day is coming in Albany.

Assemblyman David Buchwald represents the 93rd Assembly District in Westchester County. New Yorkers can provide their input on his pension reform plan at: http://bit.ly/RestorePublicTrust.

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ince late February Joe Piscopo has been the morning show host on AM 970 “The Answer” in the greater New York City area. While Piscopo is a newbie to political talk, he is certainly no stranger to performing. A comedian, actor, impressionist and musician, Piscopo is best known as one of the biggest stars of Saturday Night Live during the first half of the 1980s, and for roles in movies like Johnny Dangerously opposite Michael Keaton and Wise Guys with Danny DeVito. City & State Editor Morgan Pehme spoke with Piscopo about his move to radio, his thoughts on Andrew Cuomo and Bill de Blasio and the time he seriously considered running for governor of New Jersey. The following is an edited transcript.

city & state — June 9, 2014

A Q&A WITH

JOE PISCOPO

C&S: You have strong opinions about a lot of things and a lot of people, but I want to ask you specifically about Governor Cuomo. What is your impression of his three and a half years in office? JP: I don’t know that my audience agrees with me … but I’m a fan of Andy Cuomo because I’ve known him before he was governor, chatted with him, talked with him. I love that he is true to his strong American roots and that he speaks fluent Italian. He’s got beautiful parents—whether you agree with Mario or not, [he] is a great man—[and] comes from a great family. And I love the way Andy Cuomo keeps peace in Albany. I’m an outsider, but from what I can see, he is not a lighting rod. He deals with the unions, yet he puts a cap on taxes. He says, “I don’t know about fracking, let’s investigate a little bit more.” This is a good way to go into politics. He doesn’t have a press conference and say, “This is what we got to do,” Chuck Schumer style—and I love you, Chuck, don’t get me wrong— but it’s all mostly for the exposure. … On the other hand, we like Rob Astorino at the station. Rob Astorino

is a very effective politician; New York is in good shape. … With either guy, you’re going to be great. And of course Governor Cuomo with the lead he’s got and the money he has, I don’t know if you beat him, but it’s going to be an interesting race and I support Governor Cuomo. … Someone said I’m not a Democrat, I’m not a Republican, I’m more an “Italiancan”—anybody who’s Italian I’m going to vote for, so [with] Astorino and Cuomo it’s a toss-up. But I know Andy Cuomo personally, so that’s why I like him. C&S: Does that preference for Italian-American candidates extend to Bill de Blasio, or is he not a real enough Italian for you? JP: This is the bone I have to pick with the mayor, aside from not coming on my show, aside from not coming on John Gambling’s show. … When he wants to get elected he is on the station. Now its like, “Hey, hey.” … I don’t see Mayor de Blasio’s Italian roots come out the way Rudy Giuliani’s roots come out, the way Andy Cuomo’s roots come out—even Rob Astorino will address his heritage. I don’t see that from de Blasio. [Also] he’s too liberal for me. He said, “Take some properties around the city and give them to people in need”—that’s the Democrat I like. … “Let’s find people who cannot afford homes and put them in that real estate”—that makes sense. The horses in Central Park? … Stop that stuff. Universal pre-K and taxing millionaires? Look at what Andy Cuomo did with universal pre-K. Very smart the way he did [it]. He just put it in the budget. … Don’t say, “We’re going to bang the millionaires.” How much more taxes can you pay in New York State? So with Mayor de Blasio, he’s got to get in touch with his Italian roots. Socially I lean left a little bit, so I agree with him on helping out the people and those issues, but stop with the taxing. … He [did bring] in [NYPD Commissioner] Bill Bratton; that was great.

C&S: In 2004 Governor Jesse Ventura’s former campaign manager approached you about running for governor of New Jersey. How come you didn’t go for it? JP: They did a Quinnipiac poll, and it was way down [in] the poll [that] they polled electability for me. And I say this with great humility and great amazement: Jesse Ventura, when he was in Minnesota, polled 13 percent electability. They checked me out in New Jersey among Democrats and women, and it was 23 percent electability. So the independents jumped on it and said, “Joe, you should run.” And I said, “This is great, I can run!” It was after the Jim McGreevey situation. … [And I thought,] I know the issues, so I said, “Maybe I’ll do this.” Then my wife at the time said, “No, you are not going into politics. It’s bad enough in entertainment.” Then she ended up leaving me anyway. C&S: Now that she’s gone, would you ever consider doing it? JP: I would, I really would, because I say it the way I see it, and I know the issues because I live the issues. … I’m a single father; I’m a working father. … I see how we’re taken advantage of in New York and in New Jersey. Tax-wise we get nothing for our money; nothing gets settled, not pension and welfare, not budgets. … I think I know how to fix the problems, I think I know how to address the violence in the inner cities. … I go to Atlantic City and the room service people go, “Hey, Joe … they cut my pension back. I’m working for about a quarter of what I used to get.” How did that happen? … You can’t punish people for putting in 30 years. This is what is destroying the country! So it is those people problems I would love to address—even if I didn’t win.

To watch the video of this interview, go to cityandstateny.com.

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ELIZABETH MENDEZ

City & State: This is your first foray into political talk. What attracted you to doing it? Joe Piscopo: I’m really a news junkie. I love news and I love politics. … It’s the real world. Sometimes you see things on TV, see things a politician does, and you sit there and you go, “You can’t make [this] up.” On SNL when we did the sketches, sometimes the material wrote itself, and that’s what it does in politics. So really I’m strangely and curiously drawn to the world of politics, [and] to be able to go on the radio now and talk about it … especially on a great station like AM 970, this kind of conservative talk radio station, it’s very exhilarating for me.

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