Plugged In @ Hinman Straub – August 28, 2018

What’s Inside

  • Governor Signs Bill Creating Commission on Prosecutorial Conduct
  • Governor Announces Bail Reforms
  • State Releases Model Sexual Harassment Policy, Training and Guidance for Employers
  • New York Joins ‘Powering Past Coal’ Alliance
  • IRS Regulations Would Thwart State SALT Deduction Workaround
  • Political Update
    • Molinaro Ad Calls Gov. Cuomo “Guilty”
    • Molinaro Proposes Debate Commission
    • New York Times Endorses Teachout in Democratic Primary for Attorney General
    • Miner Submits Petition Signatures to Run as Independent Candidate for Governor
    • Teachout Promises to ‘Take on Trump’
    • AFL-CIO Makes Legislative Endorsements
    • Winners & Losers
  • Coming Up

Governor Signs Bill Creating Commission on Prosecutorial Conduct

Last Monday, Gov. Cuomo approved a bill that will create a statewide commission to investigate allegations of misconduct by district attorneys and their assistant prosecutors. The Governor’s approval of the bill was contingent on an agreement with the Legislature to make some changes regarding how the commission will operate.

The new entity will review complaints against prosecutors who are accused of wrongdoing, such as withholding exculpatory evidence, and will be empowered to impose penalties such as fines or the removal from office.

Gov. Cuomo said:

“Our criminal justice system must fairly convict the guilty and exonerate the innocent. When any prosecutor consciously disregards that fundamental duty, communities suffer and lose faith in the system, and they must have a forum to be heard and seek justice. This first-in-the-nation Commission will serve to give New Yorkers comfort that there is a system of checks and balances in the criminal justice system, and to root out any potential abuses of power to ensure that our justice system is just for all New Yorkers.”

The District Attorneys Association of NYS has promised to challenge the new law in court.  They say that it is unconstitutional, and noted that there is already a system to review misconduct by attorneys, including prosecutors, and that the governor is authorized to remove a district attorney for cause.

Governor Announces Bail Reforms

Last Tuesday, Gov. Cuomo announced new proposed Department of Financial Services (DFS) regulations that are intended to restrict practices that may be especially harmful to low-income defendants.

The DFS regulation will clarify that bail agents may not charge fees other than the premiums set by statute, and costs of special bail conditions imposed by a court; requires the state’s prior approval of all bail bond contracts and forms; mandate the timely return of collateral and premium where appropriate; require bail agents to provide consumers with receipts and copies of all contracts and documents involved in the bail transaction; require closer supervision of bail agents by surety companies; require bail agents to post their licenses, to display “how to make a complaint” signs and to provide consumers with a disclosure that outlines consumer rights and bail agent responsibilities; and requires increased and improved record keeping and reporting.

Gov. Cuomo said:

“These reforms are critical in our efforts to crack down on predatory practices in the bail bond industry and protect New Yorkers from unscrupulous activity and ensure that everyone, regardless of economic status, is provided fair and equal treatment under the law. We are actively working to reform our antiquated bail system to ensure New York remains a beacon of equality and justice for the nation.”

State Releases Model Sexual Harassment Policy, Training and Guidance for Employers

On Thursday, Gov. Cuomo issued announced the release of draft materials and guidance on New York State’s updated sexual harassment laws. He also signed an executive order directing the Governor’s Office of Employee Relations “to be the primary entity responsible for conducting all investigations into such complaints filed by employees, contractors, interns or other persons engaged in employment for state agencies.”

Under Labor Law § 201-g, which was enacted as part of the state’s 2018-19 budget, every employer in the state is required to adopt a sexual harassment prevention policy and to provide employees with sexual harassment prevention training.

The draft materials, which include a model sexual harassment policy are available here. The state is accepting comments on these materials through September 12.

Gov. Cuomo said:

“New York continues to send the message loud and clear that we will not stand for discrimination or sexual harassment of any kind.  With these actions, we are building upon the nation’s strongest anti-sexual harassment laws and ensuring that this intolerable workplace conduct is addressed swiftly and aggressively across the state.”

New York Joins ‘Powering Past Coal’ Alliance

Last Tuesday, Gov. Cuomo announced that New York State is joining the Powering Past Coal Alliance, an international coalition of governments, businesses, and other organizations committed to leading the rest of the world in ending the use of traditional coal power.

The state’s Department of Environmental Conservation (DEC) is considering regulations that would prohibit the use of coal to generate electricity in the state. There are just three coal-burning plants in the state, and they produce less than 4% of the state’s demand. One of those is scheduled to close later this year.

Gov. Cuomo said:

“The future of our environment, our economy and our children is at stake, and New York will not let President Trump take us backward.  Today I am proud to announce that New York will join the Powering Past Coal Alliance to share our expertise and experience and continue to lead the fight against dirty and dangerous fossil fuels. With our bold mandate to close all coal-fired power plants by 2020 and our nation-leading commitment to renewables, we are already at the forefront of the clean energy revolution and we will not go back.”

IRS Regulations Would Thwart State SALT Deduction Workaround

On Thursday, the IRS proposed regulations that reject a plan by New York that would allow homeowners to pay a portion of their property taxes as charitable deductions.  The state was responding to the federal government’s tax overhaul, which limits taxpayers to a $10,000 deduction for their state and local taxes.

In response, Gov. Cuomo threatened to sue the federal Government.  He said:

“We are confident that the recently enacted opportunities for charitable contributions to New York State and local governments are consistent with federal law and follow well-established precedent. And make no mistake: we will use every tool at our disposal, including litigation, to fight back.”

Political Update

League of Conservation Voters Endorses Governor for Re-Election 

On Wednesday, the New York League of Conservation Voters endorsed Gov. Cuomo’s re-election, citing his support for a $2.5 billion water infrastructure spending plan; a $300 million Environmental Protection Fund; the effort to shift the state to 50 percent renewable energy by 2030; and making New York coal-free by 2020. 

Molinaro Ad Calls Gov. Cuomo “Guilty” 

Republican gubernatorial candidate Marc Molinaro released a television ad this week that hits Gov. Cuomo hard corruption in his administration. According to the ad, “Andrew Cuomo’s top advisers are going to jail for stealing your tax dollars…and now he’s under investigation again in another pay-to-play scandal.”

The Governor’s re-election campaign has sent a cease and desist letter in response to the advertisement.  A campaign spokesperson said:  “It is false, cheap, and nasty — it is exactly what you would expect from Trump mini-me Marc Molinaro.” 

Molinaro Proposes Debate Commission 

Last Tuesday, Republican candidate for Governor Marc Molinaro called for called for the creation an independent commission that would organize debates for statewide offices in primary and general elections. Under his proposal, such an entity would be made up good government groups and a rotating panel of government watchdog groups, editorial board writers and television station managers.

Molinaro said:

“When it comes to gubernatorial debates, in particular, they’re practically non-existent in the Empire State today. The incumbent sets the rules, and voters are lucky if they get a single chance to see the major party candidates one-on-one. It’s a disgrace, but we can do something about it as a state.”

New York Times Endorses Teachout in Democratic Primary for Attorney General

Last Monday, the New York Times editorial board endorsed Zephyr Teachout in the four-way Democratic primary for that office. The Times’ endorsement.

The editorial board wrote:

“A Fordham Law School professor and activist, [Teachout is] widely respected among lawyers and academics. She’s known as a thoughtful and innovative scholar who has been a pioneering thinker in the legal case against Trump’s entanglements with foreign favor-seekers who are lining his pockets through his hotels, golf courses and other private holdings. We are persuaded she will not let a focus on the Trump administration detract her from other efforts on behalf of New York, including securing tenants’ rights and voting rights and pursuing criminal justice reform.”

Miner Submits Petition Signatures to Run as Independent Candidate for Governor

Stephanie Miner, who served two terms as mayor of Syracuse, has submitted 40,770 signatures to the state Board of Elections to gain a spot on the statewide ballot running as the Serve America Movement candidate for governor. She needs 15,000 valid signatures to get on the ballot.

Miner served as co-chair of the state Democratic Party from 2012 to 2014.

Teachout Promises to ‘Take on Trump’

Democratic Attorney General candidate Zephyr Teachout released a campaign video last week titled ‘Taking on Trump 101.’ In it, she explains how she will use the unique powers vested in the New York State Attorney General’s office to investigate President Trump and his associates if she is elected.

AFL-CIO Makes Legislative Endorsements

Last Tuesday, the NYS AFL-CIO announced its legislative endorsements for 2018.  The group is supporting Democratic candidates in nearly every contested seat for the state Senate. The group is supporting 36 Democrats, including four who are running for open seats, and 15 Republicans.

The AFL-CIO is “a federation of 3,000 affiliated public sector, private sector, and building trades unions throughout the state, representing 2.5 million members, retirees and their families.”

Winners & Losers

Each week, City & State New York publishes a list of the week’s political “winners” and “losers.”  Read last week’s list here.

Coming Up

Later tonight, the four Democratic candidates for state Attorney General will participate in a debate in New York City.

On August 29, Gov. Cuomo and Cynthia Nixon will participate in a debate at Hofstra University.

On September 6th, the Senate Committee on Commerce, Economic Development, and Small Business and Labor Committee are holding a public hearing on Long Island “to examine the Minority and Women-Owned Business Enterprises program, and consider potential legislative solutions to create a more effective and efficient program to enhance New York’s business climate.”

The state Board of Elections holds its next meeting on September 11.

The Joint Commission on Public Ethics (JCOPE) holds its next meeting on September 12.

New York’s primary elections will be held on Thursday, September 13.

The Public Service Commission (PSC) holds its next meeting on September 13.

The state Board of Regents holds its next meeting on September 17 and 18.