News from STATE SENATOR

Liz Krueger

New York State Senate, 26th District

 

COMMUNITY BULLETIN – March 2005

 

Message from Liz . . .

Last Month, my fight for real reform of the legislative process continued, as I joined Republican Assemblymember Tom Kirwan and the Urban Justice Center in filing a lawsuit against the “Three Men in A Room.”   We are suing to change a variety of legislative practices that serve to undermine democratic procedures and limit deliberation regarding the issues impacting our State.  In November, we had informed the Governor and legislative leaders that we intended to sue if real reforms were not adopted.  As I have discussed in earlier newsletters, while both the Assembly and Senate adopted some reforms, neither house has addressed basic issues such as the unequal distribution of resources for minority and majority legislators, or the abuse of the “message of necessity” process that allows legislation to be passed without time for public review.  Since so much of the reform agenda has not been addressed, we are proceeding with our lawsuit as promised.

 

The complaint incorporates the recent report of the Brennan Center for Justice at New York University School of Law, entitled The New York State Legislative Process: An Evaluation and Blueprint for Reform.  In particular, the complaint identifies numerous rules and practices of the Legislature and Governor that illegally discriminate against legislators belonging to the minority party of each house in violation of the United States Constitution, the New York State Constitution, and the laws of New York.  We are represented in our suit pro bono by Cleary Gottlieb Steen & Hamilton LLP and its partner and former Counsel to Governor Mario M. Cuomo, Evan A. Davis, as well as the Urban Justice Center and its Director Douglas Lasdon.

Among the practices challenged in the complaint are the following:

·         Unequal funding of member support: Minority party legislators receive less funding than members of the majority party with equal responsibility for constituent communication and other necessary expenses.

·         Unequal member items: Minority party members also receive less funding for “member items,” which are funds for legislator-initiated projects in their districts made available in violation of the constitutional appropriation requirement.

 

·         Placing insurmountable obstacles to discharge motions: Minority party legislators are effectively prevented from bringing bills to a vote before the full house because majority leaders control when and whether bills are reported out of committee, even when they have a reasonable prospect of success.

·         Secret debates and votes: Members of the majority party meet in secret conferences to debate and vote upon pending legislation.

·         Abuse of messages of necessity: Although the Governor frequently invokes messages of necessity to pass legislation, thereby avoiding the State Constitution’s requirement that all bills be on the desks of all legislators at least three days before the vote, he does not personally sign the messages of necessity or certify facts requiring an immediate vote as required by the Constitution.

·         Leadership control over member pay: The leaders of each house of the Legislature control whether members receive additional compensation, commonly known as “Lulus,” and they punish members who fail to follow their direction by reducing or eliminating altogether these stipends; this makes it nearly impossible for a member of the minority party to solicit the support of members of the majority party.

 

I had hoped that my colleagues would recognize the need to respond to the public outcry over the way we do business in Albany.  Unfortunately that has not been the case, and while there have been some minimal reforms, proposals that would fundamentally challenge the antidemocratic procedures of the State Legislature have been blocked.  I therefore reluctantly turn to the courts and ask for their assistance in ensuring that all New Yorkers receive the equal protection and representation they are entitled to under the State Constitution.

 

 

Community Spotlight

 

Opposing Proposed Changes to the North Plaza of Union Square Park:

The Parks Department has proposed redesigning the northern section of Union Square Park.  I wrote a letter to Commissioner Benepe addressing all of my concerns about the proposal.  My main concern about the proposed redesign relates to the future of freedom of speech in New York City.  The northern end of Union Square Park has been a historic site for important rallies and gatherings over the last hundred years.  The proposal indicates that a line of trees will be situated in this section, thus dividing the open space.  We should not discard this precious resource without sufficient public review. While I also have concerns about the usage of public space for private enterprise, I believe that this issue has been addressed by many others.  Suffice it to say, it is critical that private businesses using park space do not impinge on public usage, with fully inclusive and open access for all.  Finally, I am concerned about the possibility of losing playground space in the park.  I therefore stand united in opposition with my colleagues in government on the Federal, State and City levels, as well as numerous community organizations in opposing this plan.  I urge the Parks Department to reconsider several aspects of their proposal and to allow for a Request for Proposal (RFP) to give more time for public review.

 

New York City Volunteer Opportunity Database:

New York City offers a database of volunteer opportunities that allows you to search for opportunities by area of interest and/or location.  The database currently contains over 500 volunteer opportunities offered by more than 400 organizations.  To search the database, go to http://www.volunteernyc.org/volunteer/ on the web.

 

Fundraising & Proposal Writing for Public Schools:

State Senator Liz Krueger & The Foundation Center invite parents to a workshop on fundraising and proposal writing.  Learn proposal writing basics and what resources are available for your school.  Share and hear fundraising ideas from other parents.  The event will take place on Thursday, March 17th, 2005, from 9:30AM-12:00PM.  The Foundation Center is located at 79 5th Ave (b/w 15th & 16th St), 2nd Floor. Please register in advance.  This program is offered FREE of charge.  The facility is wheelchair accessible.  RSVP to Senator Krueger's office at liz@lizkrueger.com (Subject: Foundation Center Training) with your name, school affiliation, email, phone, and home address.  You may also call Ting-ting at 212-490-9535.

 

Free Tax Help for Seniors:

Eviction Intervention Services (EIS) is offering a free tax clinic for seniors every Tuesday through April 12, 2005, from 10:00 AM to 1:30 PM.  The clinic is located at the EIS office at 150 East 62nd Street, between Lexington and 3rd Avenues (ground floor of the Lexington United Methodist Church).  Walk-ins are welcome.  For more information, contact Wendy Wilkins at 212-308-2210 ext. 207, or email eisny@aol.com.

 

LEGAL BOUND Summer Junior High and High School Intern Program:

The Manhattan District Attorney’s office is accepting applications for its Legal Bound Summer Internship Program.  Students between the ages of 14 and 17 (or 18 if still in high school) with an interest in the law are encouraged to apply.  Applicants should send a resume and an essay explaining their interest in the law to Community Affairs Unit, New York County District Attorneys Office, Attn: Ms. Carol Ragsdale, One Hogan Place, Room 824, New York NY 10013.  Applications must be postmarked no later than April 29, 2005.  For further information, call the District Attorney’s Office at (212) 335-9082.

 

New York Recycles Poster Contest:

The Fourth Annual New York Recycles! Poster Contest is open to public and private school children and youth organizations, and offers an opportunity to showcase their artistic talent and their commitment to the environment.  This poster contest will helps to achieve the goal of higher excellence in recycling, composting, and buying recycled products and packaging.  The twelve (12) New York State winners receive the honor of having their artwork in a calendar that will be distributed throughout the State. The schools with winning entries will also receive a recycled content tote bag filled with educational materials and videos.  For contest rules and more information, call Debbie Jackson at the New York State Department of Environmental Conservation at (518) 402-8705 or visit http://www.dec.state.ny.us/website/dshm/redrecy/poster.htm on the web.  The contest deadline is May 27, 2005.

 

Heat Season Rules:

The City Housing Maintenance Code and Multiple Dwelling Law requires building owners to provide heat and hot water to all tenants. Building owners are required to provide hot water 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit. Between October 1st and May 31st, a period designated as "Heat Season," building owners are also required to provide tenants with heat under the following conditions:

  • Between the hours of 6:00 AM and 10:00 PM, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit;
  • Between the hours of 10:00 PM and 6:00 AM, if the temperature outside falls below 40 degrees, the inside temperature is required to be at least 55 degrees Fahrenheit.

Tenants who are cold in their apartments should first attempt to notify the building owner, managing agent or superintendent. If heat is not restored, the tenant should call the City's Citizen Service Center at 311 (311 can be accessed outside of New York City by dialing (212) NEW YORK). For the hearing impaired, the TTY number is (212) 504-4115. The Center is open 24-hours a day, seven-days a week.

 

Spotlight on Policy

 

Death Penalty

 

This week, the Senate has again passed legislation to “fix” the death penalty, which was declared unconstitutional last year by the New York State Court of Appeals.   I opposed this legislation, since I believe that the death penalty is neither a fair or effective mechanism for addressing violent crime. 

 

While I have always been opposed to the death penalty, the arguments against its use have only gotten stronger in recent years.  Technological advances in DNA processing have demonstrated conclusively that many innocent people have been sentenced to death, and have led other states such as Illinois, to impose a moratorium on implementing the death penalty because of the recognition of the unacceptable risk of executing the innocent.  Since 1973, at least 116 people sentenced to death have later been released after they were proved innocent of the crimes of which they were accused.

 

There are also strong racial disparities in the administration of the death penalty, both in terms of the race of the defendant and the race of the victim.   About 42% of current death row inmates are African American.  The racial disparities are even greater when one looks at the race of the victim of a given crime.  African Americans are much more likely to be the victim of murders than whites, but the killers of African Americans are much less likely to face the death penalty.  Since 1976 80 percent of death sentences have been meted out to the killers of whites.

 

From a crime prevention perspective, the death penalty also makes little sense.  There is no evidence that the death penalty is effective in reducing crime rates.  Furthermore, it is more expensive to administer the death penalty than to keep someone in prison for life.  Since New York reinstated the death penalty in 1995, New York taxpayers have spent at least $170 million pursuing capital cases without a single execution taking place.   Most state studies have found that a system of life without parole is significantly cheaper than the death penalty system, even when including the costs of long-term imprisonment.

 

The growing evidence regarding the ineffectiveness and dangers presented by the death penalty, along with declining crime rates, have shifted public opinion regarding the death penalty.  According to a 1993 Quinnipiac University Poll, New Yorkers now prefer a maximum sentence of life without possibility of parole to the death penalty by a margin of 53% to 38%.  While earlier polls often did not mention the option of life without possibility of parole, they also suggested much stronger support for the death penalty in New York, with support levels around 70 percent in the early 1990s.

 

The state Court of Appeals ruled in its decision last year that the sentencing methods of the capital punishment statute were unconstitutional because jurors are instructed that if a jury deadlocks between execution and life without parole as the punishment, the judge will sentence the defendant to life in prison with the possibility of parole.  The judges said that option might pressure jurors to vote for execution because they did not want to create the opportunity for the defendant to eventually be released from prison.

 

The Senate bill fixes this problem by specifying that when a jury deadlocks over the punishment in a capital crime, the default penalty will be life without the possibility of parole.  This change would appear to address the courts concern, and would likely lead to the reintroduction of capital punishment in New York State.

 

Fortunately, as of now, the Assembly has shown no interest in adopting the Senate proposal to reintroduce the death penalty.  I share the belief of many of my colleagues in both houses that New York has many other options for addressing crime in our state, and that the use of the death penalty diminishes all New Yorkers.