Council will also vote on legislation reforming hit-and-run civil penalties

City Hall – Today the City Council will vote on legislation to amend the City’s Human Rights Law to protect caregivers from employment discrimination. The Council will also vote on a legislative package relating to hit-and-run crashes. Additionally, the Council will vote on a land use resolution approving the redevelopment of the Brooklyn Heights Public Library. Next, the Council will vote on a legislative package to improve and enhance the City’s Open Data Law. Finally, the Council will vote on a resolution to file an amicus brief in support of the Willets Point Development Plan.

Caregivers

Pursuant to the New York City Human Rights Law, it is an unlawful discriminatory act for an employer to discriminate against an employee or job candidate based on their status as a member of a protected class.

Introduction 108-A, sponsored by Council Member Debi Rose, would make “caregiver status” a protected class. Speaker Mark-Viverito announced that the Council would pass such legislation in her State of the City address in February of 2015. Caregivers would include those who provide direct and on-going care for a child under the age of 18 or a care recipient. Care recipients include any individual with a disability who relies on the caregiver to meet the needs of daily living and is in a familial relationship with the caregiver. Familial relationships include the caregiver’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent, the child or parent of a spouse or domestic partner, or an individual who resides in the caregiver’s home. The bill would give the City’s Human Rights Commission rulemaking authority to expand or clarify familial relationships protected by the law.

The bill would ensure that caregivers are free from discrimination in the workplace and that employers treat caregivers fairly during the hiring process and in matters relating to terms and conditions of employment, including work hours, pay raises and promotions.

“New York is a City where everyone’s rights are respected,” said Council Speaker Melissa Mark-Viverito. “Those who are responsible for caring for others should never face workplace discrimination. With this bill, the Council is making needed updates to our Human Rights Law to make it stronger than ever and to ensure that all New Yorkers are afforded the justice and dignity they deserve.”

“I introduced this bill, with Borough President Brewer, because I know firsthand that many workers across our city also care for dependent children, parents and other family members. I urge my colleagues to join me in voting aye so that no worker is fired or punished for fulfilling these important familial obligations,” said Council Member Debi Rose.

Hit-and-Run Crashes

In 2014, the Council enacted Local Law 50, instituting civil penalties for leaving the scene of an incident without reporting, also known as a “hit-and-run.” Today, the Council is building on its previous work by strengthening these penalties and requiring more data on hit-and-runs.

Introduction 603-A, sponsored by Council Members Jimmy Van Bramer and Ydanis Rodriguez, would increase the civil penalties for hit-and-runs. Under this legislation, the penalty for a first offense involving property damage would increase from $500 to $500-$1,000 and the penalty for a first offense resulting in death would increase from $5,000-$10,000 to $10,000-$15,000. The bill also creates a new set of penalties for repeat offenders:

• $1,000 for crashes involving property damage
• $2,000-$5,000 for crashes causing personal injury
• $10,000-$15,000 for crashes causing serious injury
• $15,000-$20,000 for crashes resulting in a death

This bill would take effect in 90 days.

Introduction 604-A, also sponsored by Council Members Jimmy Van Bramer and Ydanis Rodriguez, would require that the New York City Police Department report quarterly on the number of times the Department issues notice of violation for hit-and-run crashes resulting in a critical injury pursuant to Local Law 50. The Police Department would also report annually the number of complaints for hit-and-runs involving property damage, personal injury, or death, as well as the number of arrests for hit-and-runs involving personal injury or death.

This bill would take effect in 180 days.

“This legislation is not meant to measure the value of the lives lost, but to act as a forceful deterrent to our city’s most dangerous and reckless drivers,” said Council Member James Van Bramer. “We are sending a message directly to hit-and-run drivers: if you hit someone and leave the scene of the crash, we will find you and punish you to the fullest extent of the law.”
“Hit and run crashes are an epidemic in New York City and today we take action to eradicate them,” said Council Member Ydanis Rodriguez, Chair of the Transportation Committee. “The shocking volume of these crashes that persist on our streets each year are a danger to all New Yorkers. With the legislation we pass today, we send a clear message that if you flee the scene of a crash, you will not get away freely. We also will require greater accountability of those who investigate these crashes, with more reporting requirements including the results of investigations into these heinous crimes. I am proud to partner with Council Member Van Bramer in this effort and we will continue to take a keen focus to ending hit and run crashes for good.”

Brooklyn Heights Library

The Council will vote on a land use measure to redevelop the Brooklyn Heights Public Library. The plan will include the following stipulations:

• The size of the new Brooklyn Heights Library branch within the newly developed building at Cadman Plaza West will be expanded by 24% from the original development proposal, from 21,500 square feet to 26,620 square feet;
• A brand new, 5,000 square foot library will be created to serve the DUMBO, Vinegar Hill, and Farragut Houses communities. This will be the first new neighborhood branch built in Brooklyn since the Cortelyou branch in 1983;
• 9,000 square feet in the new building at Cadman Plaza West will be set aside for dedicated STEM education labs administered by the NYC Department of Education and serving Brooklyn’s Community School District 13;
• The Brooklyn Public Library will commit to maintain seven-day-a-week service at the new Brooklyn Heights Library;
• The Brooklyn Public Library will commit to maintain robust programming at the New Brooklyn Heights Library and enter into a public process to gather community feedback on programming needs;
• The Brooklyn Public Library will partner with local business and entrepreneurship groups to create a new, 3,000 square foot ‘Technology & Business Services Center’ in the new Brooklyn Heights Library in order to preserve and enhance the technology-rich workspace and business-facing services of the current Business & Career Library and better meet the needs of a 21st Century workforce;
• The developer will agree to a recapture provision that will allow the Brooklyn Public Library to share in any profit above a benchmark rate of return;
• The higher end Area Median Income (“AMI”) limits for the 114 affordable housing units to be built as part of the project have been lowered. Units originally proposed at 165% AMI have been lowered to 125% AMI and units formerly at 100% AMI have been lowered to 80% AMI, deepening the affordability for New Yorkers. The project will also include units at 60 % AMI.

“The decision to sell a public asset should never be made lightly,” said Council Member Stephen Levin. “I believe that the new community benefits and protections added to this proposal, including an expansion of the new Brooklyn Heights Library and the first new branch added to the Brooklyn Public Library system since 1983, make it a good deal for the public and my community. Libraries are a vital resource for every neighborhood and New Yorkers depend on them for a place to learn, study, and grow. This project will revitalize the Brooklyn Heights branch with a new, state of the art physical space and top-of-the-line programming and service commitments, create a brand new library serving communities that don’t currently have one, support the capital needs of historic branches across the borough, create badly needed affordable housing, and ensure that the public’s interest in getting the full value of our asset is protected. I am thankful to Mayor de Blasio, the Brooklyn Public Library, the many community stakeholders who gave valuable input during this process, and Hudson Companies for their partnership in working to improve this project and deliver a good deal for the public.”

Open Data

Introduction 916-A, sponsored by Council Member James Vacca, would require the Mayor to designate an office or agency to examine the compliance of mayoral agencies with the open data law’s requirement to post public data sets. The examinations would be conducted over several years under a process approved by the Commissioner of Investigation. The findings of those examinations, and recommendations on how to improve agency compliance, would be reported to the Council.

“The bills passed today will dramatically strengthen the Open Data Law,” said Council Member James Vacca. “Ensuring compliance with the Open Data Law is a critical component of the Council’s oversight role. This bill would empower the administration to develop an examination of agencies’ compliance with the Open Data Law, using a standard approved by the Department of Investigation. With this bill, we are holding agencies accountable for complete, accurate, and timely data. I thank Speaker Mark-Viverito, Council Member Palma, and the administration for taking the time to negotiate these bills with me. Open Data is a priority for the Committee on Technology, for the Council as a whole, and for the administration, and I am incredibly proud of this legislative package.”

Introduction 908-A, sponsored by Council Member Annabel Palma, would require agencies to review all Freedom Of Information Law (FOIL) responses that include the release of data to determine if such data belongs on the Open Data Portal. It would also require regular reporting on the results of those reviews. This legislation would connect FOIL and Open Data, to create more efficient FOIL responses and better compliance with the requirements of the Open Data Law.

“Freedom of Information Laws have created a vital pathway for the public to gain access to city government data, creating greater efficiency and transparency within our municipal agencies. The bill I sponsored will ensure that all data is accessible, accurate, and delivered to the public in a timely manner. As part of this bill, any time data as part of a FOIL response is released, agency open data coordinators will be notified, and will review all FOIL requests, determining whether information can be added to the Open Data portal. I am thrilled that the passage of this bill came to fruition, along with the rest of the legislative package. I thank Council Member Vacca, and Speaker Mark-Viverito, for their leadership. These bills will be crucial to bridging the gaps in information provided to New Yorkers,” said Council Member Annabel Palma.

Willets Point

Today, the Council will vote on a resolution authorizing the Speaker to file an amicus brief to support the Council’s approval of the Willets Point Development Plan. In November 2015, the State Court of Appeals decided to consider the case challenging the Willets Point plan. In light of the Court’s decision to hear the appeal, the Council will seek to file an brief in support of the body’s 2008 and 2013 actions concerning the development.

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