Friday Morning Brief Dec 1, 2023

Nov 30

Written By Michael Avella

We hope you all had a happy Thanksgiving!

Member Spotlight:

Assemblyman Brian Maher

Assemblymember Brian Maher joined us to discuss his first year as an Assemblymember and his district! Prior to being elected as Assemblymember for District 101, he was already involved in local politics, serving as a mayor and working for former Assemblymember and Senator Bill Larkin. He also joined the US Navy Reserve before serving in the Assembly. He currently sits on various committees including as ranking Minority member on the Committee on Social Services.

What district do you represent?
I represent the 101st Assembly District, the longest Assembly district in New York. It starts in the southernmost point in the towns of Chester, Goshen, Hamptonburgh, and Montgomery – where I’m from – in Orange County. I also represent towns in Ulster County and one town in Sullivan. Up north, I represent three towns in Delaware County, towns in Oswego County, and then the town of Brookfield in Madison County. After redistricting, all of Madison and Oswego counties and the northern part of Delaware County were taken away.

Can you describe your district for those that have never been there?
My district is gorgeous because of its location in the state. It has beautiful hills and picturesque farmlands. In Montgomery County, Legoland is the largest tourist attraction in the northeast. We are also home to Angry Orchards’ national headquarters in Walden, where they source apples for their ciders.

You attended Post University on a basketball scholarship. Do you still play basketball?
I love playing basketball. It’s my passion in life. I always thought I was going to play professionally. I play now and then because it’s a lot harder and hurts to play at 38 years old, so I can't do it too often. But I still play. It’s most fun in Albany – there’s a members’ only game. So, I use my history and passion for playing basketball to network with colleagues from the other side of the aisle. It was a big deal for me because it helped me develop a relationship with my colleagues; I was known for playing basketball! I’m looking forward to playing with my colleagues in the future.

What’s your favorite basketball team?
I am a Knicks fan. But what’s funny is that I was a Michael Jordan fan growing up because he is the GOAT – there will never be anyone better. Once Jordan retired and I got a little older, I returned to the Knicks. My favorite team is the Knicks – I’m a die-hard Knicks fan. I try to go to two games each year. I actually became close with Assemblymember Scott Bendett because of our mutual love for the Knicks.

What was your career before becoming a legislator?
In 2009, when I was 23 years old, I ran for mayor of the Village of Walden. I was elected and re-elected twice. In my third term, I got a phone call from State Senator and World War II veteran, Bill Larkin. Then, I worked on his Senate staff for six years, becoming his Director of Communications and official spokesperson, and ran his last campaign. That was a really great experience. During his last term, I requested to be away for five to six months to join the Navy Reserve. So, I joined the Navy Reserve during his last term, went to boot camp on July 3rd, 2018, and became a logistics specialist in October 2018. In 2019, I ran for Montgomery County Supervisor and was elected. I was proud to lead my community during one of our history's scariest times. Being able to provide that leadership and help people was very rewarding. I decided to run after redistricting when the Assembly seat based in Montgomery County was created and won by a 30% margin. My previous legislative experience helped me greatly, but nothing can compare to being a member.

What inspired you to run for office or get into politics?
It started when I was volunteering for non-profits and advocacy organizations like Habitat for Humanity. I remember when I was in college and went to Washington, D.C. for an advocacy day; it was the first time I met all these elected officials in Congress. I decided that one day, I wanted to be an elected official. From there, that started my drive to get into politics, starting with running for mayor of the Village of Walden.

What are/is your greatest/proudest legislative achievement?
My big areas of interest are drug and alcohol abuse, mental health, economic development, workforce development, and career paths. I was appointed to be a member of the Committees on Economic Development, Drug and Alcohol Abuse, Mental Health, Children and Families, and Consumer Protection. I was made the ranking member of Social Services. That was interesting because it was intertwined with everything I was focused on. Even though I had a background of working and helping out folks in my community, I did not know everything about the industry. In hindsight, that was good because it helps to have a fresh pair of eyes. I was able to analyze all the essential information regarding the industry. However, I wasn’t scared to ask dumb questions or ask from a naïve perspective like “Why is this happening?” So, the first thing I did was reach out to all my colleagues and have a meeting, and I passed the bi-partisan commission to study financial cliffs associated with the social service industry. The commission would enable the government to dig deeper into why people might not be getting jobs and maybe showcase where the resources should be shifted to where we can maximize every social service program. I hoped that the bill would help the Local and County Departments of Social Services that work with local nonprofits because they are the most impactful. I was very proud to pass that in the Senate and the Assembly. I have the mentality of working with all of my colleagues, Democrats and Republicans, and I was happy that many of my colleagues from both parties also had that mentality.

What was the most challenging piece of legislation/policy that you worked on?
The first was workforce development; we wanted to create a fund to make private and public partnerships with universities and local developmental agencies to deal directly with future employers for matching grants. There are not enough workers in the labor market, so we wanted to create a long-term solution by partnering organizations that need labor with young people and universities to ensure they have the qualifications for working on these jobs. It didn’t work because the expense cost about $15 million.
Second is a social service bill that establishes some tier percentage system based on income. Currently, a single mother with a child, living with benefits, will lose her benefits if that child becomes 18. Because if the child lives in the same house as the mother after he turns 18, the child becomes part of the equation for calculating whether a person can obtain benefits. Our bill seeks to address that.

What is your office going to focus on before session starts in January?
Educating ourselves on every industry that we can. I have also been touring around my district a lot: hospitals, clinics, mental health facilities, and nonprofits. It allows me to educate myself by meeting the people working on the ground. As a member, I want to know what’s going on with my constituents because it allows me to work as best as possible; it’s different from reading in the newspaper or online. It’s essential to me as an Assemblymember.

What advice would you give to young folks that want to get into politics?
Start wherever you can. Don’t take a job for the money. It’s essential to take a job where you can learn and grow, even if it’s a low-paying job. And don’t get a job just to get a job. Work for somebody or an organization that you will enjoy working with or for. Finding the right person or organization is essential, or you will not enjoy your job and get frustrated. Work hard, and your work will speak for itself. And your reputation will speak for itself.

Any last comments you want to mention?
Be nice to everyone. Don’t get discouraged. We are living in the most polarized time in our country, and next year will be very polarizing due to the presidential year. It will be one of the most divisive years we’ll ever see. Try to be respectful and nice to everyone, and state your opinion respectfully. We cannot get caught up with all of the negativity.

Are you a public official or staffer that would like to be featured in our spotlight or do you know someone that would? If so, reach out to your favorite D&A team member or contact us at team@dickinsonavella.com to set up an interview!

EXECUTIVE UPDATES

Last week, Governor Hochul announced the completed installation of the first offshore wind project in the state. The wind turbine off the coast of Long Island will generate 130-megawatts, which will power roughly 70,000 Long Island homes and will help to address the growing reliability challenge for the electrical grid on Long Island. The recent installation supports the state’s CLCPA goal of installing nine gigawatts of offshore wind projects by 2035. “New York is paving the way towards a clean energy future, and the installation of our first offshore wind turbine marks a momentous step forward,” explained Hochul.

To support the environmental justice goals set by the CLCPA, Hochul also announced $3.5 million in state funding for environmental justice initiatives, with $2.1 million awarded to 22 community-based organizations and $1.4 million for supporting four organizations implementing localized air quality monitoring initiatives. The state’s Environmental Protection Fund provided the awards, which were increased by $400 million in the FY 2023 Budget to help address environmental justices challenges for many disadvantaged communities. "With $3.5 million in new funding, community organizations can help address local concerns and develop solutions in partnership with the state to improve quality of life, enhance air quality and the environment, and help to ensure a cleaner, greener future,” explained Hochul.

Additionally, earlier this week Hochul announced that the state obtained nearly $24 million in federal funding for its electric grid. The US Department of Energy gave the $24 million in federal funding under the Bipartisan Infrastructure Act. NYSERDA will utilize the funds over two years and will launch projects early next year. The project will focus on improving the resilience of the electric grid, developing advanced data and metrics to detect electric system conditions, investing in underrepresented communities, and deploying new technologies to optimize the utilization of resources to reduce costs and increase job creation. This supports the state’s CLCPA goals to transition to 100% zero-emission electricity by 2040 and reinvest in communities disproportionally impacted by climate challenges.

Last week, Hochul announced additional steps to help the state address rising incidence of hate crimes and speech both online and offline. The Division of Homeland Security and Emergency Services has been expanded to help develop a media literacy toolkit for K-12 schools across the state. The media literacy toolkit is designed to help teachers provide training and resources for the youth to understand the dissemination of disinformation, misinformation, and hateful posts on social media. Additionally, a $3 million investment in DHSES’ Domestic Terrorism Prevention Unit was also announced to ensure that the Threat Assessment and Management teams can train and support colleges and universities in addressing hate. An informational guide for parents was also created to help parents address children about the dissemination of online hate speech. Lastly, Hochul also sent a letter to TikTok, Meta, Google, and Twitter CEOs to urge them to increase staffing and strengthen online content monitoring.

Additionally, Hochul convened the new Office of Faith and Non-Profit Development Services – formerly known as the state’s Office of Faith-Based Community Development and Services – to mark the creation of the state’s Interfaith Council to address hate crimes and provide resources to communities in need. The Interfaith Council will focus on connecting faith-based and non-profit organizations with grant opportunities, organizing local meetings for networking and other opportunities, helping provide community assistance to residents, and strengthening support for obtaining grants. “The Office of Faith and Non-Profit Development Services, along with the Interfaith Advisory Council, are experienced faith leaders who know what their congregants and residents need. They understand faith overcomes divisiveness, and it is with their eyes and ears we can help those who need it most,” explained Hochul

With winter approaching, Hochul announced $100 million earlier this week to support the renewal of the state’s roads impacted by extreme weather, including 66 repaving projects across the state. This comes after the state faced unprecedented flooding across the state earlier this summer, resulting in damage to local infrastructure in the Hudson Valley. Currently, the state Department of Transportation’s five-year capital plan to improve transportation infrastructure is ongoing with a $32.9 billion investment from the state and the federal Bipartisan Infrastructure Act. “From a devastating blizzard to historic flooding, we are living in a time of record-breaking weather events which have left many roads across New York State needing repair and rejuvenation,” explained Hochul.

Yesterday, to promote students’ mental health and increase access to treatments for students from economically disadvantaged households, Hochul announced over $5.1 million in awards to 137 school-based mental health clinics satellites. $1.4 million was given to clinics at 55 schools, and $3.7 million was awarded to 82 schools in high school districts. “By expanding mental health clinics in school-based settings, we can help engage young people of all ages in a familiar and stigma-free environment through conversations led by licensed experts,” explains Hochul. The award is part of Hochul’s $1 billion plan to transform the state’s mental health system and builds upon the 2024 Budget’s $30 million allocation to expand access to mental health services for students.

LEGISLATIVE UPDATES

Hochul Vetoes Various Bills Establishing New Commissions, Task Forces, Offices, or Studies

So far, the gov has vetoed an array of bills that would establish new commissions, task forces, offices, or studies and reports from various state agencies due to the impending state budget deficits and costs associated. As such, Hochul has suggested that many of the new commissions, task forces, offices, and studies should be negotiated during the Budget. “Without appropriate funding, these unbudgeted costs would create significant staffing and other programmatic burdens on State agencies,” explained Hochul. However, one high-profile bill that has not been vetoed so far by Hochul is the bill that would create a commission to study reparations in the state.

Construction Mandates to be Abandoned in 2024

First reported in City & State, Hochul plans to set aside the required construction mandates in local municipalities, an integral part of her state Housing Compact Plan, for 2024. The Legislature and suburban Democrats stiffly opposed construction mandates on local municipalities. Many observers believe that the retraction for construction mandates comes as the 2024 elections are gearing up, with polling suggesting that suburban voters strongly oppose the construction mandates. State Democrats are eyeing congressional seats in the Hudson Valley and looking to retain their suburban seats in the Legislature. Other parts of her housing plan are set to remain intact, including the 421-a tax break for housing development.

Democrat Challenger Against Republican Senator's Seat in the Hudson Valley

Democrat Dutchess County Legislator Yvette Valdés Smith is set to announce her campaign to run for a Senate seat in the Poughkeepsie area, which Republican incumbent Rob Rolison currently holds. With the support of the Senate Democrats, Communications of Workers of America, and NYSUT, Democrats hope to flip the seat from red to blue. “Our residents deserve a representative who will stand up for women’s health rights, work to prevent gun violence, and invest in working families,” explained Valdés Smith. The Senate race in the Hudson Valley is expected to be competitive – alongside any future races in the Hudson Valley – as Democrats are seeking to flip two House seats that they lost in the last election, now held by Republicans Marc Molinaro and Mike Lawler.

Eli Northrup Announces Campaign to Run for O'Donnell's Seat

After Assemblymember Daniel O’Donnell announced that he would not seek reelection in 2024, Eli Northrup announced his candidacy for O’Donnell’s Manhattan seat. Northrup is the first candidate to jump into the open seat and seeks to utilize his career as a public defender to focus on criminal justice as a prominent role in his campaign. “I will be a strong progressive voice in the fight for community safety, affordable housing, abortion rights, and our environment,” Northrup said in his announcement statement. Many observers expect more candidates to announce their campaigns in the coming weeks, particularly more establishment-orientated candidates.

DSA to Back Jonathan Soto to Challenge Assemblymember Benedetto

NYC-DSA plans to endorse Jonathan Soto in the East Bronx to challenge Assemblymember Michael Benedetto for his politically complex district. It’s a majority-Latino district that overlaps with Representative Alexandria Ocasio-Cortez’s district and recently elected Councilmember Kristy Marmorato, a Trump-affiliated Republican. Soto plans to make education a primary focus of his campaign, as he wants to make Benedetto’s support of Mayor Eric Adams’ control of public schools a central focus for voters. “Benedetto, as the education chair, has really failed in not only ensuring a great quality education but has been complicit in defunding it through his support of mayoral control of schools,” explained Soto. Soto also plans to support Good Cause Eviction, expand labor protections, and climate resiliency. Soto previously ran against Michael Benedetto in 2022 with the Working Families Party’s support. Benedetto is optimistic and explains, “I will rest on what I’ve done for my community. I think Soto is completely out of step with the beliefs of people in this community,”

DSA to Support Challenger for Assemblymember Zinerman's Seat

In addition to Soto, NYC-DSA plans to endorse Eon Huntley to challenge Assemblymember Stefani Zinerman for her Central Brooklyn seat. Huntley intends to announce his campaign early next month. This comes as DSA plans to heavily campaign to protect Senator Jabari Brisport, whose district overlaps with Zinerman, from being ousted. This is due to Zinerman and Brisport’s districts overlapping with House Minority Leader Hakeen Jefferies, who has heavily opposed the DSA.

Queens Assemblymember Ron Kim to Face Two Primary Challengers

In Queens, Assemblymember Ron Kim faces two challenges from former NYC Council candidates Yi Andy Chen and Dao Yin. Kim is seen as vulnerable in his Flushing district and “too far left” by his critics. Observers note that Chen is possibly viable and will challenge Kim from the right with possible support from local unions. Kim is poised to run on a platform of his health and public safety accomplishments. He may also point out previous allegations of ballot fraud against Chen and that Chen ran for City Council in a different part of Queens.

Senator Gianaris Introduces "Keep Police Radio Public" Act

The NYPD planning to encrypt their radios, which will end the nearly century-old transparency precedent of allowing the press and public to have access to police frequencies. In response, Senator Michael Gianaris introduced a bill that would oblige every police department in the state to provide “real-time” unencrypted police radio communications to the media and ten minutes delayed radio broadcast to the public. The bill comes as the NYC Council held a public hearing addressing the proposed NYPD encryption plan. The NYPD explained that the plan comes because of the concern of its officers, but media outlets have denounced the move. Gianaris explains that “Preserving access to law enforcement radio is critical for a free press, use by violence interrupters, and the freedoms and protections afforded by the public availability of this information” and that he hopes his bill “strikes the proper balance between legitimate enforcement needs and the rights and interests of New Yorkers.”

Allegations of Sexual Abuse Against Senator Kevin Parker

Senator Kevin Parker has recently been accused in a lawsuit of committing sexual assault and abuse against a woman in Brooklyn in 2004. The allegations were brought under the state’s Adult Survivor Act, which lifted the statute of limitations for civil lawsuits regarding sexual abuse allegations. Senate Majority Leader Andrea Stewart-Cousins’ spokesperson, Mike Murphy, said that the allegations were “extremely disturbing and we take them very seriously” and that she will “take appropriate action as more information is learned.” The lawsuit will also bring a trial with a jury. On the allegations, Parker said in a statement that the "allegations are absolutely untrue."

OTHER UPDATES

Cannabis Control Board Votes to Settle Lawsuits

On Monday, the state Cannabis Control Board voted to settle two lawsuits that accused the state of violating the provisions of the 2021 law that legalized adult-use cannabis and enabled everyone in the state to have equal access to a cannabis business by rolling out Conditional Adult-Use Retail Dispensaries licenses which prioritize specific groups of people over others. Lawsuits also accuse the state of violating the state constitution. The lawsuits have negatively impacted the state’s cannabis supply chains and shut down the existing 430 applicants who are awaiting approval due to an injunction. The settlement agreements are pending approval by a judge. Once the judge approve the settlements, the 430 applicants would be able to move forward.

State Supreme Court Tosses Lawsuit Against Hochul and Department of Health

A state Supreme Court lawsuit ruled that the state Department of Health can lawfully order an individual to a quarantine to control a highly contagious disease, including COVID-19. The ruling states that the lawsuit “lacked standing.” The ruling comes after Senator George Borello, Assemblymember Chris Tague, and then-Assemblymember Mike Lawler won a lawsuit last year against Hochul and the administration for violating separation of powers and impeding individual liberty through the imposing force quarantine on individuals by the state. This led to Attorney General Letitia James appealing the verdict and bringing it to the state Supreme Court. Borello states that he will now be appealing the recent decision to the state Court of Appeals.

Court of Appeals Upholds NYC Law on Banning Chokeholds

The state’s highest court, the Court of Appeals, upheld the NYC law banning police chokeholds and restraints that restrict breathing. In a unanimous decision, the Court ruled that the language of the law was clear enough and that it did not conflict with an existing state law banning police chokeholds. The Court states that only police officers who use chokeholds voluntarily “fall outside the parameters of justifiable use of physical force.” The lawsuit comes after the law was passed after the death of George Floyd, and law enforcement unions sued the city over the law for being too vague for officers to understand, putting them at risk.

Court of Appeals Struck Down Challenges to State's Firearm Laws

In addition to ruling on NYC’s law banning police chokeholds and restraints that restrict breathing, the Court of Appeals also ruled on six cases regarding the illegal possession of firearms:

In all six cases, the plaintiffs attempted to argue that the state’s firearm licensure system had been entirely nullified by the US Supreme Court case that struck down the requirement of firearm license applicants demonstrating proper cause – which resulted in the Legislature passing the Concealed Carry Improvement Act in a special session last year, which require applicants to prove their good moral character. However, the recent rulings by the Court of Appeals avoided the question of what the US Supreme Court ruled last year, resulting in the state’s firearms regulations up in the air on the constitutionality of the applicants proving their good moral character. Senate Minority Whip Patrick Gallivan explained, “Somebody’s got to render an opinion on whether you have good merit (and) moral character. It’s not an arbitrary decision whether or not you’re a convicted felon.”

Cuomo Indicates Possibility Of Running for NYC Mayor

First reported by Politico, Former Governor Andrew Cuomo is “indicating to allies he may want to run for New York City mayor” if Eric Adams is forced to resign from office. This comes as Adams faces a widening federal investigation for campaign finance violations and corruption and the circulation of a poll measuring how voters feel about Cuomo. However, it remains to be seen if Adams is ousted due to the federal investigation or if Cuomo will launch a campaign for NYC mayor. Nevertheless, Adams said that he doesn't "see [Cuomo] running for Mayor."

Santos Still Remains Defiant Amidst Calls to Resign

Ahead of a vote of expulsion later today, Representative George Santos defied calls to resign, calling the move "chaos" and "bullying," and explained, "If I am to get expelled tomorrow, I will be number six in history, the first Republican and the only one without a conviction or without having committed treason." Although there is a rumor that nearly 90 House Republicans will support expelling Santos from Congress, GOP Speaker Mike Johnson has "real reservations" about the possible expulsion over precedent. Santos is also facing allegations of campaign finance violations and 23 federal charges, including wire fraud, theft of public funds, and money laundering. Santos has survived two previous expulsion votes, but if Santos is expelled in today's vote, Hochul has ten days to call for an election, which would take place 70 to 80 days afterward.

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