Plugged In @ Hinman Straub

October 25, 2021

What’s Inside

  • Governor Announces New COVID-19 Data Website
  • Governor Announces Additional Administration Appointments
  • Governor Makes Final JCOPE Appointment
  • Department of Labor Issues New Adult Use Cannabis in the Workplace Guidance
  • New Siena Research Institute Poll
  • NAACP President Endorses Hochul for Governor
  • Political Updates
  • Coming Up

Governor Announces New COVID-19 Data Website

The Governor announced the launch of a new website for New York State COVID-19 data. This website includes new data as well as a reorganization of previously released data. Additional datasets are now available on Health Data NY, a public database that allows users to access health information in multiple downloadable formats such as Excel. Health Data NY now includes additional self-reported data from the COVID-19 School Report Card, nursing home and adult care facility fatality data, and hospital admissions by gender and zip code, as well as hospital capacity and staff vaccination numbers.

The new website can be found here.

Governor Hochul said:

Providing new data about COVID-19 to the public and making existing data easier to access and understand is yet another step we are taking towards more transparency. We will continue to do everything we can to share the latest information with New Yorkers, especially during this unprecedented pandemic.

Governor Announces Additional Administration Additions

The Governor announced three new nominations, one new appointment, and one recommendation to serve in her administration, as follows:

Nominations

  • Jeanette M. Moy, Commissioner of the Office of General Services (OGS) – She most recently served as the Executive Vice President and Chief Operating Officer for Public Health Solutions, an organization committed to reducing health inequities across New York City. Previously, Ms. Moy served as COO at the Office of the New York Attorney General, overseeing its business operations with a $225 million budget and 1,800 employees across 33 locations, and enterprise-wide modernization program. Ms. Moy will serve as Acting Commissioner until confirmation by the Senate.
  • Maria Imperial, Commissioner of the Division of Human Rights (DHR) – Most recently, Ms. Imperial served as the CEO of the YWCA White Plains & Central Westchester, whose mission is eliminating racism and empowering women. She serves on the Board of Directors of Nonprofit Westchester, and the Advisory Board for the Women in the Courts Committee for the Ninth Judicial District. Ms. Imperial will serve as Acting Commissioner until confirmation by the Senate.
  • Jackie Bray, Commissioner of the New York State Division of Homeland Security and Emergency Services (DHSES) – She joins the Hochul Administration after coordinating hospital surge capacity during the height of COVID for New York City, serving as the Deputy Executive Director of NYC Test and Trace Corps, and a senior advisor for the City’s vaccination campaign. She previously served as the inaugural Director of the Mayor’s Office to Protect Tenants and as the First Deputy Commissioner at the New York City Department of Homeless Services.

Appointments

  • Lucy Lang, Inspector General of the State of New York – Ms. Lang most recently served as Director of the Institute for Innovation in Prosecution (IIP). Previously, she served as Assistant DA in Manhattan, first in the Appeals Bureau and later in the Trial Division. She also served as Special Counsel to the District Attorney as well as Executive Director of the in-house think tank, the Manhattan D.A. Academy.

Recommendations

Gaurav Vasisht, Executive Director of the New York State Insurance Fund (NYSIF) – Mr. Vasisht has served as an advisor to a former Chairman of the Board of Governors of the Federal Reserve System, as a lawyer to three Governors of New York, and in key roles at the New York Department of Financial Services, its predecessor, the New York Insurance Department, and the New York Attorney General’s Office. The Commissioners of NYSIF will need to vote to appoint Mr. Vasisht as Executive Director.

Governor Makes Final JCOPE Appointment

The Governor made her final addition to JCOPE by appointing Terryl Brown. Ms. Brown currently serves as Chief Legal Counsel, Deputy Commissioner for Legal Affairs and Administration for the Fire Department of New York City. She was the first woman to serve as Executive Vice President and General Counsel for the New York Power Authority. She has worked for two New York Governors and three New York Attorneys General, serving as Acting Counsel to the Governor, First Assistant Counsel to the Governor, and Counsel and Chief Ethics Officer to the Attorney General.

During Tuesday’s JCOPE meeting, the commission was one vote short of rescinding approval for former Governor Cuomo’s book deal. Rescinding approval for the book could have led Cuomo to re-apply for approval or have the commission attempt to claw back the money he has been paid for the book.

Governor Hochul said:

To restore trust in government, we need strong, independent ethics oversight. Terryl Brown is highly qualified, respected, and ethically impeccable, and I am proud to appoint her to serve our state.

Department of Labor Issues New Adult Use Cannabis in the Workplace Guidance

The Department of Labor (DOL) has published guidance and FAQs to address common workplace questions related to the Marijuana Regulation and Taxation Act (MRTA). The document clarifies that employers are prohibited from discriminating against employees based on the employee’s use of cannabis outside of the workplace, outside of work hours, and without use of the employer’s equipment or property.

Employers may take employment action or prohibit the use of marijuana in the following circumstances:

  • An employer is/was required to take such action by state or federal statute, regulation, or ordinance, or other state or federal governmental mandate.
  • The employer would be in violation of federal law.
  • The employer would lose a federal contract or federal funding.
  • The employee, while working, manifests specific articulable symptoms of cannabis impairment that decrease or lessen the employee’s performance of the employee’s tasks or duties.
  • The employee, while working, manifests specific articulable symptoms of cannabis impairment that interfere with the employer’s obligation to provide a safe and healthy workplace as required by state and federal workplace safety laws.

As outlined in the FAQs, a test for cannabis usage cannot serve as a basis for an employer’s conclusion that an employee was impaired by the use of cannabis. Further, employers cannot drug test employees unless it is required by federal or state law. Also, the smell of marijuana alone cannot be considered evidence of “articulable symptoms of impairment.”

New Siena Research Institute Poll

Siena Research Institute released a new poll this week showing Hochul in the lead in a hypothetical Democratic primary. According to the poll, Governor Hochul leads her closest opponent by between 14 and 19 points in three potential primary scenarios.

In one potential five-way primary, Hochul leads with 31 percent, followed by former Governor Andrew Cuomo, 17 percent, Attorney General Letitia James, 14 percent, NYC Public Advocate Jumaane Williams, seven percent, and NYC Mayor Bill de Blasio, six percent. With Cuomo excluded, Hochul gets 39 percent, James 20 percent, de Blasio 10 percent, and Williams eight percent. In a head-to-head match-up, Hochul leads James 47-31 percent.

The poll is not all goods news for the Governor, however, as her job performance rating is now negative 43-45 percent, down from 44-37 percent in September. Notably, independent voters break negatively – along with Republicans – on job performance overall, as well as in certain specific categories like leading the state through the pandemic, addressing issues important to the voter, strengthening the economy, and cleaning up corruption.

When asked whether New York is on the right track or headed in the wrong direction, poll responses found New Yorkers to be evenly divided, with Republican and independent majorities both believing the state is headed in the wrong direction. These numbers are slightly better than the recent Marist Poll that showed 54% believing the state was headed in the wrong direction.

Concerning the issues that are of the highest priority to voters, reducing crime in communities across the state is the hands down winner.

NAACP President Endorses Hochul for Governor

Hazel Dukes, president of the New York chapter of the NAACP, has endorsed Kathy Hochul for a full term as Governor. Dukes’ support is helpful to Hochul as she attempts to prevent primary challenges. The endorsement comes only a week after she received the backing of Emily’s List, an organization that supports female candidates for office.

Ms. Dukes said in a statement:

Throughout her life and career, Governor Kathy Hochul has consistently stood up for the voiceless and marginalized in our communities. As an elected official, she has shown an unparalleled ability to listen and govern with compassion.

Political Updates

City & State NY’s Weekly Winners and Losers here.

Times Union Editorial: Hochul is Cleaning House here.

Democratic Party Chairmen receives backlash over comments about Buffalo mayoral candidate India Walton.

Hochul declines to make endorsement in race for Buffalo mayor.

Schumer endorses India Walton for Buffalo mayor.

NY Post: Why Eric Adams remains our enthusiastic choice to be NYC’s next mayor here.

Former Pataki commissioner eyes Attorney General run.

Mel Brooks lends star power to great nephew Todd Kaminsky’s campaign for Nassau DA.

Average gas prices in US, NY jump up again.

NYC’s Congressional incumbents outpacing progressive challengers in fundraising fights.

NY GOP, Conservative Party chairs urge ‘no’ vote on ballot props.

How proposed redistricting change has split advocates in New York.

Coming Up

The Senate will hold a public hearing on maintaining quality, equity, and affordability in public higher education throughout the pandemic and beyond on October 25.

The Assembly will hold a public hearing on COVID’s impact on the open meetings law on October 25.

The Assembly will hold a public hearing on the efficacy and sustainability of the Medicaid program on October 26.

The Senate will hold a second public hearing on maintaining quality, equity, and affordability in public higher education throughout the pandemic and beyond on October 27.

The Assembly will hold a public hearing on oversight of the State Fiscal Year 2021-2022 Budget for New York State Division of Housing and Community Renewal on October 27.

The Assembly will hold a public hearing on cryptocurrency mining on October 27.

The Senate will hold a public hearing on insurance coverage for lead-based paint exposure on November 8.

The Senate will hold a public hearing on campus sexual assault on November 9.

The Board of Regents will hold their next meeting on November 15 and 16.

JCOPE will hold its next meeting on November 16.

The Senate will hold a third public hearing on maintaining quality, equity, and affordability in public higher education throughout the pandemic and beyond on November 16.

The Senate Cities Committee will hold a public hearing on how to better address municipal needs on November 17.

The Public Service Commission will hold its next meeting on November 18.

The Senate will hold a fourth public hearing on maintaining quality, equity, and affordability in public higher education throughout the pandemic and beyond on November 22.

The Senate will hold a public hearing on childhood lead poisoning in New York State on November 30.

The Senate will hold a public hearing to discuss New York State’s system of ethics oversight and enforcement on December 9.