Campaign News

New York Times - December 17, 2013, by Kirk Semple - In 1885, as new engineering inventions were ushering in the era of the skyscraper, lawmakers in New York State enacted a law intended to safeguard construction workers who were finding themselves facing increasing dangers while working at ever-greater heights.

That measure, which became known as the Scaffold Law, required employers on building sites to ensure the safety of laborers working above the ground. Since then, some form of the legislation has remained on the books despite repeated attempts to repeal it.

But a lobby of contractors, property owners and insurers has in recent months renewed a campaign against the law, arguing that no less than the future of the state’s construction industry is at stake.

They argue that the law is antiquated and prejudicial against contractors and property owners, and essentially absolves employees of responsibility for their own accidents, leading to huge settlements. The payouts, they contend, have in turn led to skyrocketing insurance premiums that are hampering construction and the state’s economic growth.

On Tuesday, a coalition of contractors, including a newly formed alliance of firms owned by women and minorities, announced the start of an advertising and lobbying blitz in Albany and New York City. But a counter-lobby of unions, workers’ advocates and trial lawyers is pushing back just as fiercely. The law, they argue, is essential to ensuring the safety of workers in some of the world’s most dangerous jobs, particularly those employed by shoddy contracting firms that cut corners to save money. The law, they say, holds developers and contractors accountable for keeping job sites safe.

Gov. Andrew M. Cuomo this week acknowledged the politically loaded atmosphere surrounding the Scaffold Law, but suggested that he was open to the possibility of modifying the law.

The law states that contractors and property owners are responsible for ensuring that scaffolds, hoists and other devices that enable aboveground building construction and repair “shall be constructed, placed and operated as to give proper protection to a person so employed.”

When injuries result from a violation of those terms, the law says, contractors and owners are liable. There is no mention of worker responsibility. Under the law, however, the plaintiff still must show that a violation of the law’s standards occurred and that the violation caused the injury.

But those seeking to change the law want to incorporate a standard of “comparative negligence.” This amendment — described in a state bill submitted earlier this year — would require a jury or arbiter to consider whether the liability of the defendants, and thus the amount of damages, should be reduced for cases in which the worker’s negligence or failure to follow safety procedures contributed to the accident.

Opponents argue that the amendment would reduce the incentive for the property owner and contractors to take necessary safety precautions.

“This law protects both union and nonunion workers and creates a sense of accountability on these job sites,” said Gary LaBarbera, president of the Building and Construction Trades Council of Greater New York, an umbrella group for unionized construction workers. “If the law was modified, the workers would lose their voice.”

But those seeking to alter the law say the amendment would not eliminate the owners’ and contractors’ motivation to keep their workplaces safe because they would still face the possibility of shouldering large payouts, even if they were found only partly responsible for an accident.

“The notion that a contractor or owner would want to do anything to undermine the safety of the worker on the job doesn’t make sense,” said Pamela Young, associate general counsel of the American Insurance Association.

Workers’ advocates argue that erosion of the Scaffold Law would have a disproportionate impact on minority and immigrant laborers, who, the advocates say, are more likely to work for nonunion companies that may not provide proper safety training and equipment.

Immigrants, the advocates said, are less likely to speak the same language as their bosses on a job site and more likely to fear being fired if they demand a safer workplace.

From 2003 to 2011, federal safety regulators investigated 136 falls “from elevation” that killed workers on construction sites in New York, according to a recent report by Center for Popular Democracy, an advocacy group. Of those workers, about 60 percent were Latino, foreign-born or both. That rate rose to 88 percent among fatal falls in New York City.

Some trial lawyers have been effective at using the law to secure large settlements. Of the 30 largest settlements in 2012, at least 14 were in cases brought under state labor laws and most of those involved falls from ladders or scaffolding, according to The New York Law Journal. The awards ranged from $3 million to $15 million.

Weislaw, a Polish immigrant, was the plaintiff in a liability case that was settled last month. (He spoke on the condition that his surname not be used in this article, out of concern for his privacy.) He had been part of a crew repairing the roof of a one-story public school building in Long Beach, on Long Island. While he was working on the roof one spring day in 2010, he was concentrating so hard on his task that he lost track of the edge of the roof and fell, he said, suffering multiple fractures.

“I will most likely never be able to return to work,” he said.

Weislaw filed a lawsuit under the Scaffold Law arguing that he had not been provided with proper protection, such as a safety line or a spotter.

The case settled for $2.7 million, said David Scher, a lawyer from the firm that represented him.

Critics of the Scaffold Law say the way it is written makes these sorts of cases easy to win.

“It’s a gold mine for the plaintiffs’ bar,” said Mike Elmendorf, president and chief executive of Associated General Contractors of New York State. “When you get one of these cases, it’s largely about how much it’s going to cost.”

These high payouts, he and others contend, have driven up insurance rates, knocking smaller contractors, particularly those run by minorities and women, out of business and forcing others to suspend work, costing thousands of jobs.

They argue that the impact is as high on government projects as it is on private ones, and that the soaring cost of liability insurance is forestalling the repair and construction of public works projects, such as schools, bridges and roads. The New York City School Construction Authority said in a statement on Monday that its liability insurance costs for 2014 would be nearly as much as those for the three-year period from 2011 to 2013.

But in recent weeks, the law’s defenders have employed a new gambit, demanding that the insurance companies open their accounting ledgers to prove whether the Scaffold Law is, in fact, responsible for the rate increases. Insurance executives have vowed to fight any demands to disclose proprietary information that might somehow undermine their competitive advantages.

State Assemblyman Francisco P. Moya, a Democrat who represents a heavily immigrant and Latino area of Queens, said he planned to submit a bill that would expand reporting requirements for insurance companies and help lawmakers assess whether the Scaffold Law needed to be changed.

“Show us how much the payouts are,” Mr. Moya said. “Once we see that, we’ll have a better understanding.”

Source

A group of Minnesota lawmakers will focus on closing racial disparities in the state.

Sen. Jeff Hayden and Sen. Bobby Joe Champion will co-chair the new Subcommittee on Equity (which is part of the larger Finance Committee), according to a news release.

There are 15 lawmakers on the new subcommittee (nine DFLers, six Republicans) – you can see a full roster here. The subcommittee’s schedule will be posted here, though right now there are no meetings listed for the next two months.

The Senate DFL Caucus appointed the members, who will look to “address the complex and multifaceted challenges of racial and economic disparities,” according to a message from Senate Majority Leader Tom Bakk’s office.

Racial disparities in Minnesota

There are serious problems when it comes to racial disparities in the state.

Unemployment among the black community in Minnesota continued to rise last year despite the decreasing unemployment rates for Hispanic and white people, according to the Department of Employment and Economic Development.

State numbers released last fall showed the average income of Minnesota’s African-Americans is falling and is now less than half of what white residents are making, with more than one-third of black households living in poverty.

Minnesota has the third-highest unemployment gap between white and black people in the country – with the jobless rate among blacks almost 3.7 times higher than among whites, according to a study released last year by the Center for Popular Democracy.

Financial site WalletHub ranked Minnesota as the worst state in the U.S. when it comes to racial integration, saying it has some of the highest racial gaps when it comes to median annual income, homeownership, the poverty rate and more.

All this (and more) led lawmakers to consider addressing racial inequity in a possible special session – but during talks, Gov. Mark Dayton noted there was “significant disagreement” between lawmakers on how to address the problem. And then the special session didn’t happen anyway. So if something gets done, it could be in the current Legislative session.

Gov. Mark Dayton’s proposed budget includes $100 million to address racial disparities in the state, by expanding workforce programs, helping college completion and increasing home ownership among minorities, the Pioneer Press reported.

By Shaymus McLaughlin

Source

Guardian - July 22, 2013 - Caribbean American Congresswoman Yvette D Clarke has welcomed a plan by New York City (NYC) to aid undocumented Caribbean immigrants. NYC officials say the city will spend US$18 million to help undocumented Caribbean and other immigrants find jobs. City council speaker Christine Quinn, a mayoral candidate, said the money will fund adult education classes and legal services that the US federal government requires immigrants to take to qualify for the Deferred Action for Childhood Arrivals programme.

The New York Immigrant Family Unity Project will provide free legal services to immigrants threatened with deportation who are unable to represent themselves in proceedings. “New York has always been a city of immigrants within a nation of immigrants,” said Clarke, the daughter of Jamaican immigrants, who represents the 9th Congressional District in Brooklyn.

“Under this programme, thousands of immigrants in Brooklyn and other parts of the city will finally have an opportunity to challenge the deportation proceedings that separate families and weaken communities,” she said.

Source

The Nation - April 28, 2015, by Brad Lander & Karl Kumodzi - In August 2014, the municipality of Ferguson, Missouri erupted onto the national scene. In the wake of the killing of Michael Brown, we learned much about economic and political life in Ferguson and greater St. Louis County.

To many, it was no surprise to learn that, for years, African-American residents of municipalities throughout St. Louis County have been disproportionately and illegally stopped for minor offenses. Blacks are far more likely to be stopped, searched, ticketed, fined, and arrested. Many wind up jailed, leading to a cycle of lost jobs, drivers’ licenses, homes, or child custody. Some are beaten, terrorized, or—like Michael Brown—even killed.

It was more surprising to learn that in Ferguson, “Driving While Black” isn’t only about racial profiling: it’s also about municipal revenue. Fines and court fees have become the city’s second largest revenue source, and the over-criminalization of Black people has become a strategy for collecting taxes.

It is important to understand and address the revenue crisis facing U.S. municipalities. As cities have become unable to pay their bills, they often turn to regressive strategies that disproportionately harm people of color and low-income residents.

Ithaca, NY is like Ferguson. Up until January 2014, residents had to pay for installations and repairs of public sidewalks adjoining their properties—with one notable case in which 28 homeowners were forced to pay a combined $100,000 out of their personal pockets to the city for repairs. Detroit, MI is like Ferguson. After the city filed the largest municipal bankruptcy in US history, the city’s water department responded to pressures to lower their $90 million portion of the overall $20 billion debt by shutting off crucial water services to mostly Black low-income residents who owed over a mere $150 on their water bills. This April, Baltimore followed Detroit’s lead.

These cities are like Ferguson because of a common underlying problem: All across America, cities and towns are struggling to maintain enough revenue to provide crucial services to residents. The collateral damage of this revenue crisis—over-criminalization, utility shut-offs, the withdrawal of public services, and slashed budgets for schools—is dire.

Local Progress, a national network of progressive municipal elected officials, is working to address inequality from an often overlooked source: municipal budgets. In our new report, Progressive Policies for Raising Municipal Revenue, Local Progress lays out forward-thinking strategies and policy options that cities can pursue to restructure their revenue streams in a way that doesn’t fall disproportionately on the backs of their most vulnerable residents.

The roots of the municipal revenue crisis were decades in the making. Following the post-war desegregation of housing and education, and other civil rights victories of the 50’s and 60’s, racial animosity and the conservative backlash against taxation—referred to by historians as the tax revolt—helped to fuel the exodus of higher-income families from urban centers to suburban enclaves.

This “white flight” dramatically eroded the tax base of urban centers like Detroit, Cleveland, and St. Louis—and later of first-ring suburban municipalities like Ferguson.

The tax revolt also led directly to policies that dramatically reduced the ability of cities to collect enough revenue through property and other taxes. Most dramatic was the 1976 passage of Prop 13 in California, which contributed heavily to the erosion of California’s public education system and other public services.

In 2008, the Great Recession caused the municipal revenue crisis that had been brewing for decades to explode, spurring significant and rapid declines in general fund revenues for municipalities. In order to deal with the impacts of this dramatic shortfall, cities were forced to cut personnel, cancel capital projects (and their much-needed jobs), and slash funding for education, parks, libraries, sanitation, and more. These cuts hit low-income families the hardest. And they are especially harmful to Black families because African-Americans are 30 percent more likely to be employed by the public sector than other workers.

The strategies that many municipalities adopted to address the crisis hit low-income people of color the hardest. When property tax revenue declined in St. Louis County, fines-and-fees revenue increased in order to maintain revenue. Tickets are issued for everything from failure to cut one’s lawn to sleeping over at someone’s house without being on the occupancy certificate. In nearby Edmundson, the city averages $600 per person per year in court fines, and forecasts increasing revenue from these fines in their future budget proposals – essentially creating a hidden tax on the most vulnerable residents. Black residents throughout the region report feeling “as if their governments see them as little more than sources of revenue.”

Many towns have resorted to privatizing formerly public responsibilities such as trash collection, sewage, roads, parks, and introducing new fees to force residents to foot the bill directly. These fees and taxes are often extremely regressive, because as everyone is forced to pay a flat rate, poor people end up paying a higher percentage of their income. A recent study conducted by the Institute on Taxation and Economic Policy found that the nationwide average effective state and local tax rates are 10.9% for the poorest fifth of taxpayers and 5.4% for the wealthiest 1 percent. In fact, in the ten states with the most regressive tax structures, the poorest fifth pay as much as seven times the percentage of their income in taxes and fees as the wealthiest residents do.

Addressing the municipal revenue crisis is, therefore, a central barrier to achieving racial and economic justice in our urban centers, and to rebuilding a more democratic, just, and livable America with genuinely shared prosperity.

Luckily, there are creative and progressive strategies that municipalities can adopt to generate more revenue in a progressive way, such as:

● Expanding the progressivity of existing local income taxes by creating more tax brackets with greater differences between brackets, and doing the same for property taxes in order to generate more revenue from commercial and high-end development.

● Eliminating corporate tax breaks at the city level, particularly Tax Increment Financing and business improvement districts that come with tax breaks

● Restructuring fines so that residents pay different rates based on income. A $200 traffic ticket has no deterrent effect for a millionaire, but can be devastating for a low wage worker; a more rational fine system, like the one adopted in Finland, would be more fair and generate more revenue.

● Mandating that major tax-exempt institutions like hospitals and universities make genuine and fair payments in lieu of taxes (PILOTs) to help cover the costs of crucial city services that they use.

● Converting city services into municipality-owned utilities when possible, charging utility fees to all users, and applying conservation pricing so lower-income households pay a lower rate while bulk users—such as commercial and industry—pay higher rates

● Forming statewide coalitions of municipal elected officials, grassroots organizations, school boards, and other affected parties to change preemption and revenue policies at the state level.

These policy innovations and many more are detailed in our report.

Cities are America’s bedrock and its future: both for our country and for the progressive movement. Cities are home to 67% of the population, account for 75% of our GDP, and house our best public institutions and infrastructure.

The policy recommendations laid out by Local Progress in our new report can help municipalities develop progressive revenue solutions—so they can pay for public education, health, and housing programs that help families thrive, invest in the infrastructure of public transportation, climate resilience, parks that sustainable cities need, and stimulate inclusive economic growth that creates good jobs.

Through progressive revenue strategies, cities can turn the Ferguson-like cycle of disinvestment and inequality into a cycle of reinvestment and opportunity—and help make sure that our cities can become the models for our vision of a more progressive and prosperous America.

Source