NYS Black, Puerto Rican, Hispanic & Asian
Legislative Caucus

Public Policy Agenda:

A Working Document


Assemblyman Darryl C. Towns, Chairman




Preamble

In this current climate of optimism about Government Reform, this effort must not only include higher standards of official conduct and ethics in government. The notion of "reform" must also include greater governmental accountability, effectiveness and efficiency, and greater governmental sensitivity and fairness in addressing the needs of all our citizens, especially the least of those. Communities of color throughout this State, are overwhelmingly represented by the Black, Hispanic and Asian Legislative Caucus, and have for far too long, comprised the left out and locked out, those who are too far behind, on the road to achieving the promise of New York, the American Dream.

The Caucus, as a critical voice in State Government on behalf of our constituencies, is here to say "No more!" We are all One New York, and we must all work together, and prosper together, if the Empire State is to truly achieve its potential. Let us begin now, to build a better New York for all.

General Operating Principles

  1. Diversity - Blacks, Hispanics, Asians and Women in executive, middle management and policy positions in the Governor's Office, Legislative Leadership Offices, State agencies, and on State corporations, commissions, authorities and boards. Thus far, the highest levels of State government are not yet reflective of this principle of diversity. All positions should also include a Regional perspective, i.e. Buffalo, Rochester, etc.

  2. Fair Share - Targeted and increased State budgetary and program assistance according to communities of greatest need, which are quite often communities of color. Gov. Spitzer's proposed re-engineering of State Education aid following this principle is a step in the right direction.

  3. Capacity Building - A State funded "Community Infrastructure Development Fund" (CIDF) to underwrite capacity building for community based agencies in communities of color and economically disadvantaged regions; and enforcement of Prompt Payment State agency provisions benefiting MWBEs, small businesses, and community based service providers.

  4. Economic Empowerment - Immediate launching, completion and implementation of the overdue New York State Disparity Study following the New York City model; and establishment of a Statewide goals program on all State procurement, targeting MWBE participation. Also, establishment of innovative and well funded financial, managerial and technical assistance programs for MWBEs; increased minority employment on State assisted projects; and minority investment and ownership opportunities, MWBE participation, and community benefits programs on state assisted economic development projects.

A. Economic Development and Housing

  1. Increase MWBE participation in State procurement, state financed and state economic development projects. Full Compliance with Article 15-A and its successor laws and regulations; Deputy Commissioner and Vice President level minority ad women MWBE Officials in state agencies, with sufficient personnel and budget resources, systematic monitoring, and effective sanctions for non-compliance.

  2. Creation of Economic Development Institutes and MWBE Incubators at minority serving universities across the State, to be MWBE One Stop Centers for financial and technical assistance and training. These Institutes will also collaborate with public and private financial institutions to create and administer low interest working capital loans, bonding and insurance.

  3. Innovative use of the State's $ 145 billion in pension funds, as well as state economic development funds, in partnership with private finance to underwrite debt, equity and venture capital funding to increase MWBE ownership opportunities and entrepreneurial growth in minority communities as well as in mainstream capital markets and investment arenas. The Buffalo area needs special attention to an opportunity to recruit Black banks for the East side community.

  4. Launch a comprehensive "Workforce Development Employment and Training Assistance"(WETA) Program modeled after earlier CETA programs and other successful models, including public works and public employment programs, in partnership with business, government, labor unions, and the community. Also, increased Apprenticeship and Training slots in building trades unions on all state assisted construction and development projects.

  5. Establish seven (7) additional Empire State Empowerment Zones in Brooklyn, Queens, Long Island and Western New York in minority communities with high unemployment, low entrepreneurship rates, and who are in need of economic revitalization (Note: Harlem and the South Bronx already share a federal Empowerment Zone).

  6. Launch a fully funded "NYS Low and Moderate Income Housing Program" (similar to NYC's $ 7.5 billion program) to produce 200,000 units of renovated and new, affordable housing in minority and working class neighborhoods, especially older urban areas in Buffalo, Syracuse and Rochester, in collaboration with local and federal government, and private and non-profit sectors.

  7. Provide housing subsidizes to assist seniors.

B. Health and Human Services

  1. Increase state resources for community outreach to increase minority communities' enrollment in Child Health Plus and Family Health Plus to improve their access to quality health care.

  2. Reinstate state education funding for minority doctors and health professionals; provide special grants, loans and incentives for them to open and expand their practices in medically underserved areas throughout New York State, particularly in minority communities with the greatest Health disparities; and capitol resources to increase access to primary care facilities and incentives for primary care doctors.

  3. Key minority neighborhoods in New York are the epicenter of the AIDs pandemic in America. Appoint qualified minorities in executive and middle management positions at the NYS AIDS Institute and other key state agencies; restore AIDS funding and provide capacity building and technical assistance to minority, community based AIDS service providers.

  4. There should be no Hospital Closings in underserved minority communities, the epicenters of the State's Health Care Disparities, until alternative, community based health care options have been planned, funded and in fact provide alternative quality health care. (See below regarding the Berger Commission).

  5. Launch a "NYS Early Childhood Services" Pilot Program targeting minority communities, and which coordinates State and local bureaucracies to provide comprehensive, coordinated Universal Pre-K, Head Start and Day Care Services to children.

Berger Commission in Western New York Opportunities and Challenges

The Department of Health (DOH) has found bipartisan support from the Governor's office and Legislature for hospital bed downsizing and strategic reconfiguration. They are generally correct - but, implementation without attention to the details necessary to optimize regional care is ill advised.

The various hospital systems of Western New York, to date, have focused on maintaining their individual market share in high end specialized medical procedures - a sure road to medical disaster for the people of Western New York. Before and since the release of the Commission's report, the focus has been on how to improve health care delivery in Western New York. The Berger Commission report now has given a state and regional mandate to our past efforts.

We can no longer financially, and more importantly, morally support a medical system that concentrates on its castles (hospitals) and ignores its villages (outpatient care).

This approach is consistent with, and supported by, Commissions' findings. Their report acknowledges (pg. 77-80 full report) - the lack of a robust INITIAL "primary" care system and recommends the pursuit of a "primary care reform agenda." Part of this reformation includes the discussion of a hybrid delivery model.

Conceptually, the Burger Commission suggests that the health of a population is not judged by the bricks and mortar of hospitals but by the general health and medical prosperity of the surrounding neighborhoods and region. This is yet another way of expressing the patient's first policy announced by the Governor in his January speech on health care delivered in New York State.

As always, the devil remains in the details, as similar reform is being undertaken in Massachusetts and California. Yet we should remain mindful and learn from the failures of the Oregon Health Plan - a well meaning and ambitious plan that has had serious setbacks in their mission to provide affordable health care to all of its citizens.

We must provide care while making sure that the financial reimbursement for providing such care is equitably distributed to those providing it.

Any discussion on Health Care Reform must include, as a major component, the development of an integrated health care network.

  • Integrated OUTPATIENT health care network: (The act of making whole out of part/consolidation). Integrated health care should become a key aim/policy of the region. Its aim should be to eliminate delay, inefficiency and gaps in the health care delivery to the citizens of our region. The aim is to focus on the provisions of service.

  • This integration should serve as an integral part of hospital reconfiguration.

  • The integration (of an outpatient medical center) is both horizontal (among the various outpatient Medical Centers) and vertical to the tertiary care centers (i.e. ECMC/Kaleida Health).

  • Must provide: adequate administration, medical staff, and provide global care not based on insurance, (i.e. if you have a private payer or government sponsored insurance, you can see no physical difference in plan or treatment.

  • We should strategically link groups of health professionals from primary secondary and tertiary care working in coordinated manner. This should also include a program to support those existing "private" practices in underserved neighborhoods.

  • The reimbursement to the health care providers must be increased in those specialties where intervention is an integral part of their practice (i.e. internal medical, pediatrics, family practice, etc.). It is unrealistic to expect health care providers to work to provide care at a reimbursement rate that does not allow them to be financially solvent.

  • Communities to be served: East, Westside of Buffalo - near North Buffalo, far South towns.

C. Criminal Justice and the Judicial System

  1. Establish an Office of Special State Prosecutor for Police Misconduct. The NYC Civilian Complaint Review Board has a poor track record; there are no other such bodies in the state; and police brutality, corruption, misconduct and racial profiling are still epidemic problems in communities of color throughout New York.

  2. Increase state funding for youth development, prevention and education programs, targeted to neighborhoods of highest need. Youth Work Experience Programs (YWEP) should be re-funded.

  3. Expand the successful model of Drug Courts in additional minority neighborhoods throughout the State; increase alternatives to incarceration programs; increase funding for drug prevention, education and rehabilitation programs for civilians, the incarcerated and formerly incarcerated people.

  4. Establish mandatory high school education requirements for the incarcerated; remove college financial aid barriers for the formerly incarcerated; remove state regulatory barriers to employment by the formerly incarcerated; provide automatic restoration of voting rights to all formerly incarcerated people who have completed their jail sentence.; and guarantee voting rights to all inmates held in detention but not yet convicted of a crime

  5. Increased State funding for Re-Entry, Re-Settlement and Transitional programs for the formerly incarcerated who are re-entering minority communities throughout the State in massive numbers, with no comprehensive planning or support services

  6. Increase the investigatory role and resources of the NYS Division for Human Rights, which has a tremendous backlog of unresolved complaints.

Police Community Relations Package

  • Police training and diversity enhancement grant program

  • Drug and alcohol testing of police officers

  • Authorize applications for permission to appeal to the court of appeals from an order concerning a change of venue

  • State Attorney General Prosecution of police misconduct

  • Police officers prohibited from using racial and ethnic profiling

  • Housing program incentives

  • Foreign language proficiency incentives

  • Provide for disclosure of prior denials, if any, in application for a search warrant

  • Release to the execution of a warrant of arrest and establish educational programs for judicial personnel on the law of searches, arrests and seizures

  • Police training high schools in certain city school districts and provides for further education and employment

  • Expand the quota penalty provisions to include and arrest or summons

  • Authorize the local enactment of residency requirements for certain employees of police departments; salary increases and civil service credit

D. Education and Higher Education

  1. Fully comply with the "Campaign For Fiscal Equity" Court Order and include State stipulations to New York City that Operating and Capital funding be distributed directly to public schools in proportion to their Achievement Gap and according to facilities disparity measures.

  2. Launch a "NYS Early Childhood Services" Pilot Program that coordinates State and local bureaucracies to deliver comprehensive, coordinated Universal Pre-K, Head Start and Day Care Services to children (See Health & Human Svs., # 5).

  3. Establish a "NYS Urban Teachers Corps" for minority students, including scholarships and loan forgiveness programs for graduates who commit to teach in schools with the highest Achievement Gaps. Fully investigate and evaluate current teacher recruitment and training programs which are rejecting disproportionately high minority applicants and selecting disproportionately high white applicants.

  4. Enforce State requirements for appropriately certified teachers in the classroom, particularly in Achievement Gap schools; and expand New York's Teacher Education programs particularly at minority serving institutions to address the growing teacher shortage of New York residents.

  5. Appoint minorities to the CUNY and SUNY Trustee Boards, Board of Regents and in executive positions in key state and local educational agencies.

  6. Increase state funds for existing and new higher education opportunity programs for College Prep, recruitment, admission, retention and graduation of minority students from New York's Colleges and Universities.

  7. Increased State funding and resources for libraries and indigenous cultural institutions in minority communities throughout the State.

E. Judicial Reform

  1. Improve judicial diversity in the State Courts and appoint a fair share of minority judges to the Court of Appeals, Appellate Divisions, and Court of Claims. Support direct election of NYS Supreme Court Justices with campaign finance and matching funds provisions.

  2. Ensure that judicial selection reforms do not violate the Voting Rights Act or cause retrogression of minority representation in the Judiciary.

F. Legislative Redistricting Reform

  1. Ensure that legislative redistricting reforms do not:

    1. violate the Voting Rights Act; or

    2. cause retrogression of minority representation in the Legislature.

  2. Ensure that reforms maintain or increase minority communities' voice and input in the legislative redistricting process.

    1. House of Representatives

G. Driver's License

Issues:

  • Licensing all drivers prevents accidents and insurance losses

  • Immigration enforcement via driver's license restrictions diverts state and local law enforcement from protecting public safety.

  • Verifying immigration status is not the intended role of the DMV

  • Immigrant's driver's license restrictions do not deter terrorism. Unfunded state and local homeland security are the real security lapses

Bill A.10336 provides that:

  • Creates a "driving privilege card" for applicants who cannot prove lawful presence

  • Before an applicant is issued a driving privilege card, he or she must surrender his or her current DL or affirm in writing that he or she does not possess a Driver's license

  • Applicants must provide proof of state residence

  • The driving privilege card is valid for one year from date of issue

  • The driving privilege card will not be recognized as a form of ID, except for the purpose of verifying that the holder is authorized to operate a motor vehicle while the card is valid

Bill A.3918 provides that:

  • Applicants applying to renew their Driver's license do not have to provide a Social Security Number


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