Activists swarm Senate offices to protest Republican health care bill; 155 arrested
Activists swarm Senate offices to protest Republican health care bill; 155 arrested
Crowds of activists swarmed Senate offices Wednesday to protest the Republican Party's proposed plan to repeal Obamacare.
Lining hallways across Washington, participants staged multiple...
Crowds of activists swarmed Senate offices Wednesday to protest the Republican Party's proposed plan to repeal Obamacare.
Lining hallways across Washington, participants staged multiple demonstrations looking to voice their dissatisfaction with Majority Leader Mitch McConnell's intent to dismantle Obamacare without a replacement following the implosion of the Republican Party's latest Senate health care bill.
Read the full article here.
Let's Choose Children Over the Charter Industry
Roll Call - May 14, 2014, by Kyle Serrette and Sabrina Joy Stevens - Our children are too precious, and education funding too scarce, to risk turning either over to unscrupulous or incompetent...
Roll Call - May 14, 2014, by Kyle Serrette and Sabrina Joy Stevens - Our children are too precious, and education funding too scarce, to risk turning either over to unscrupulous or incompetent organizations. That’s why charter schools were originally supposed to be something akin to a small, controlled experiment: public school laboratories intended to encourage new ways to educate students. That way, if something turned out not to work, the risk to students, educators and communities could be contained.
Unfortunately, the modest educators and community members of the charter school movement’s early days have been eclipsed by members of the charter school industry: an industry rife with fraud, waste and abuse. Yet advocates, particularly among elected officials, have been unwilling to confront this fact and deal accordingly.
Fraud and abuse is rampant in the charter sector. Last week, our organizations issued a new report detailing how charter operators wasted or stole more than $100 million in taxpayer dollars. That number only reflects cases that have been reported in 15 states; it boggles the mind to consider what an examination of all states would uncover.
We found examples of operators embezzling millions in public funds for years before being detected, spending public funds on vacation homes instead of textbooks. In one case, someone bought a private airplane; in another egregious example, they used the money for visits to a strip club. In other cases, unfit operators just plain lost vast amounts of taxpayer money.
Sadly, H.R. 10, the charter schools bill recently approved by the House, fails to address the corruption within this poorly regulated industry.
Ignoring several representatives who offered common-sense amendments, the House passed a bill that fails to call for even basic protections like conflict-of-interest guidelines. It “requires” annual audits, yet allows states to waive the requirement, making it easier for fraudulent actors to hide their theft. It does not extend open meetings laws to charters, nor does it require charter operators to include community representation on their boards.
The bill further erodes community input and oversight by awarding priority status to states that allow entities that are not local education agencies (LEA) to be charter authorizers. Not only will this make it harder for local communities to control access to our tax dollars, it will also erode the quality and consistency of children’s education. For example, 17 charters abruptly closed in Columbus, Ohio, last year alone. In most cases, their non-LEA authorizers’ slipshod vetting processes missed red flags that would have allowed them to thwart fraud and mismanagement.
Disturbingly, the bill awards priority to states that don’t have charter caps, encouraging states to further accelerate charter growth before they’ve established the protections that could prevent the aforementioned abuses. States already struggle to monitor the charter schools they have; it is simply reckless to incentivize them to open more before establishing necessary protections.
H.R. 10 ignores many of the most pressing community concerns about charters. Any new funding for charter schools must encourage more, not less, oversight and involvement by local taxpayers and families. Specifically, a new bill should ban the practice of requiring parent contracts, one of many practices that charter operators use to avoid serving the neediest students.
Charter operators should also be required to collect and publicly report information on student attrition, mobility, and transfer before coming back to the public till. This crucial information will ensure that public funding stays with the students it’s intended to benefit. It will also allow families and policymakers to make informed comparisons between charter and public schools.
If our senators want to ensure success and opportunity through quality public schools, they should create legislative protections that promote quality, and mandate the transparency and accountability that make a school public. H.R. 10 does none of this. Children and taxpayers deserve better.
Kyle Serrette is the director of Education Justice Campaigns at the Center for Popular Democracy. Sabrina Joy Stevens is the executive director of Integrity in Education.
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Toys ‘R’ Us Signals Openness to Severance Pay
07.17.2018
NEW YORK, NY – Late yesterday afternoon, Toys ‘R’ Us filed a stipulation in bankruptcy court that grants a two-week period for the now-liquidated company to discuss a resolution...
07.17.2018
NEW YORK, NY – Late yesterday afternoon, Toys ‘R’ Us filed a stipulation in bankruptcy court that grants a two-week period for the now-liquidated company to discuss a resolution to an employee claim for severance. The stipulation preserves the class proof of claim, meaning that plaintiff Ann Marie Reinhart Smith files on behalf of all Toys ‘R’ Us employees who were fired without severance. The move, filed on the legal deadline for action, signals an openness on the part of the company to negotiations.
With this new stipulation, the plaintiff and the debtor – Toys ‘R’ Us – have until July 23 to engage in conversation about a resolution to the claim for severance pay. In essence, it serves as a public notification of Toys ‘R’ Us’ willingness to resolve the claim outside of court and reach a solution favorable to laid-off employees.
Ann Marie Reinhart Smith, the plaintiff in the case, is a former Toys ‘R’ Us employee who worked at the company for 30 years before being laid off when it shut its doors on June 30. Along with thousands of Toys ‘R’ Us workers, she has advanced this effort with the support of Rise Up Retail, a movement of working people building a voice to advocate for good jobs in the retail industry. Workers have petitioned Congress, held protests in stores, spoken out in the press and on social media, pushed for responsible investment by pension funds who invest in private equity, and organized thousands of families hurt by losing jobs at Toys ‘R’ Us. Similar advocacy will continue throughout the summer. Rise Up Retail helped to connect Ms. Reinhart and the lawyers at Outten & Golden LLP, who are authorized to file the administrative claim on behalf of all 33,000 people laid off since the bankruptcy began.
“I come from the generation where you get rewarded for hard work. I devoted 29 years – my entire adult life – to Toys ‘R’ Us, as have many of my former colleagues,” said Ann Marie Reinhart Smith, plaintiff in the case. “To be let go with nothing, after being so loyal to the company, is humiliating. I hope that the resolution we come to will help to acknowledge the sacrifice and love that we brought to our work, and make sure that what happened to us becomes illegal so that no one has to go through what we did again.”
For Ann Marie, severance pay would mean being able to support herself and her husband while finding new work. Her unemployment benefits ended last week, making it even more challenging to pay her bills. When Toys ‘R’ Us shut its doors, Ann Marie not only lost her paycheck, but also lost her health insurance. Without insurance, her husband’s medical expenses have soared. Still, she expresses optimism about the legal claim and negotiations with the private equity firms.
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Media Contact:
Lia Weintraub, lweintraub@populardemocracy.org, 202-618-2482
The right kind of reform
The right kind of reform
PERHAPS it was inevitable in the aftermath of the worst financial crisis in almost a century, but America is boiling over with schemes to remake the Federal Reserve. Some Republicans want the...
PERHAPS it was inevitable in the aftermath of the worst financial crisis in almost a century, but America is boiling over with schemes to remake the Federal Reserve. Some Republicans want the central bank’s monetary-policy decisions to be “audited” by the Government Accountability Office, an arm of Congress. Others wish to use a formula to put monetary policy on autopilot and to haul the chairman in front of Congress every time the Fed steps in. The most extreme sceptics peddle conspiracy theories about how the Fed “debases” the dollar. They propose abolishing the central bank entirely.
Any of these schemes would be disastrous—either because they would jeopardise the central bank’s independence, or because they would cast monetary policy adrift.
Fortunately, the likely presidential candidates have no desire to “end the Fed”. Donald Trump says he might replace Janet Yellen, the Fed’s chairman, with a Republican when her term ends. That would be unwise, but hardly revolutionary. Hillary Clinton wants to change the rules about who sits on the boards of the 12 powerful regional banks in the Fed system.
She is right. The Fed is not broken, but it is anachronistic. The system of regional Feds gives commercial banks influence over their regulators and dishes out public money to their private shareholders. The next president and Congress should give it a thorough overhaul.
The Federal Reserve system, created in 1913, owes a lot to the efforts of Carter Glass, who gave his name to the more famous Glass-Steagall Act, which separated investment banking from the duller retail kind. Thanks to his efforts, the country has not one monetary authority but a network of regional banks overseen by a board of governors in Washington, DC.
Glass’s aim when founding the Fed was to avoid giving too much economic power to Washington bureaucrats. The regional banks would be like the states, while the board of governors would be like Congress. To placate bankers who wanted the government to stay out of their business, banks would themselves capitalise each regional Fed and appoint two-thirds of its directors. The directors would, in turn, elect a president who, on a rotating basis, would assume one of five voting seats on the FOMC, the committee that sets interest rates for the whole country. Such sops were necessary in part because, until 1980, membership of the Fed system was voluntary.
The sops are still being dished out today. The system provides sweetheart deals to banks, most of which earn a risk-free 6% annual dividend on their compulsory investments in the regional Feds. This is more than three times what the government currently pays for capital on the ten-year debt market. Although the dividend was recently cut for the 70 largest banks, roughly 1,900 smaller banks in the Fed system, which also own part of the regional Feds’ stock, continue to benefit. Banks holding shares issued before 1942 receive their dividends tax-free.
The most important job of a regional Fed is to oversee the banks in its district. As a result, Glass’s system comes perilously close to letting bankers serve as their own regulators—not so much a revolving door between Wall Street and government, as a shared executive suite. The bankers who sit on the boards of regional Feds are not directly responsible for regulation and they no longer vote for a regional Fed’s president, but banks appoint outside directors who do. And bankers can take part in a vote to dismiss a regional-Fed president.
This is all the more worrying since political gridlock has given the regional Feds growing representation on the FOMC. The system is designed so that the Washington board of governors, which is appointed by the president and confirmed by the Senate, has a majority. But the White House has filled vacancies slowly, in part because of an unco-operative Senate—which in 2010, for instance, decided that Peter Diamond, a Nobel-prize-winning economist, was unqualified for the job. Hence, for most of Barack Obama’s presidency, regional Feds have matched governors in voting power. This matters because banks tend to profit from higher interest rates. Regional-Fed presidents tend to be the most hawkish members of the FOMC, as their dissenting opinions suggest (see chart).
Amend the Fed
The next president can put this right by taking Mrs Clinton’s proposal—and then going further. The private sector should be kicked out of the Fed entirely, the reserve banks capitalised with public money and the central bank’s profit kept for taxpayers. The Fed would not want for expertise without bankers on its regional boards: it already hires plenty of ex-bankers and can always consult the firms it regulates.
Some fear that any reform attempts would provide an opening for all those other barmy ideas. That is not an idle worry. But private-sector involvement in the Fed arms the critics and conspiracy theorists. It reinforces the corrosive notion that self-serving elites write economic policy. In the long run, reform would protect the Fed from undesirable meddling.
From the print edition: Leaders
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The Anguish of Jeff Flake
The Anguish of Jeff Flake
Ana Maria Archila, one of the protesters who spoke to Mr. Flake on his way to the Senate Judiciary Committee meeting on Friday.
...
Ana Maria Archila, one of the protesters who spoke to Mr. Flake on his way to the Senate Judiciary Committee meeting on Friday.
Watch the video here.
Democratic activist Ady Barkan launches six-figure ad blitz in CD8 race
Democratic activist Ady Barkan launches six-figure ad blitz in CD8 race
Ady Barkan, the progressive health care activist whose video pleadings with U.S. Sen. Jeff Flake last year briefly became a viral hit, is starting a group to tout select Democratic candidates ...
Ady Barkan, the progressive health care activist whose video pleadings with U.S. Sen. Jeff Flake last year briefly became a viral hit, is starting a group to tout select Democratic candidates across the country, starting with Hiral Tipirneni's congressional bid in Arizona.
Read the full article here.
Thousands Today Say #WeRise To Reclaim Government For The People
Campaign for America's Future - March 11, 2015, by Isaiah J. Poole - At the office of Illinois Gov. Bruce Rauner, more than 2,500 demonstrators, most wearing white “We Rise” T-shirts, staged a ...
Campaign for America's Future - March 11, 2015, by Isaiah J. Poole - At the office of Illinois Gov. Bruce Rauner, more than 2,500 demonstrators, most wearing white “We Rise” T-shirts, staged a protest against cuts in Medicaid and other social services. In Albany, N.Y., more than 2,000 people marched to the state capitol to protest education funding cuts. In Denver, dozens of activists came out in support of immigration rights measures, including driver’s licenses for undocumented workers.
These are just a few of the dozens of actions that took place in 16 states today as part of “We Rise: National Day of Action to Put People and Planet First.” Local and national progressive organizations mobilized around different aspects of a common agenda that stood in opposition to the right-wing and corporatist policies pushed through state legislatures in these states. The actions were all broadcast under the Twitter hashtag “#WeRise.”
“What we saw today was a stirring of the democratic spirit,” said Fred Azcarate, Executive Director of USAction. “People are upset at elected officials who spend more time working for big corporations and wealthy campaign donors than representing the people they were elected to serve. Today, people rose up to reclaim government and demand that legislators work for them and their families.”
The states where We Rise demonstrations were organized also include Arizona, Georgia, Idaho, Kansas, Massachusetts, Minnesota, New Jersey, Nevada, New Hampshire, Ohio, Pennsylvania and Wisconsin. The events were led by groups affiliated with National People’s Action, Center for Popular Democracy, USAction, and other allies.
“Apparently conservatives believe they have a mandate to give big corporations another free ride on the backs of everyday people,” said George Goehl, Executive Director of National People’s Action. “But they’re wrong. They have no such mandate. Instead, as we can see in the resistance to draconian policy or Chuy Garcia’s campaign to unseat Rahm Emanuel as Mayor of Chicago, there is a new brand of populism taking root in America. People are fed up with politicians doing the bidding of big money. They’re ready for leaders who will work for, not against, people and the planet.”
“Politicians working primarily on behalf of big corporations are making it harder and harder for families to get by,” said Ana María Archila, Co-Executive Director of The Center for Popular Democracy. “Our families won’t stand for this, and today thousands of workers and families raised our voices in state houses across the country to demand that elected officials join us in leveling the playing field so that each and every family can thrive.”
The Campaign for America’s Future is working with two of the organizations behind today’s “We Rise” events, National People’s Action and USAction, in sponsoring the “Populism2015″ conference in April, with the Alliance for a Just Society. One goal of that conference is to build political momentum from today’s events around a populist progressive agenda “for people and the planet.” Register for the April 18-20 conference in Washington through the Populism2015 website.
The ugly charter school scandal Arne Duncan is leaving behind
US Secretary of Education Arne Duncan’s surprise announcement to leave his position in December is making headlines and driving lots of commentary, but an important story lost in the media clutter...
US Secretary of Education Arne Duncan’s surprise announcement to leave his position in December is making headlines and driving lots of commentary, but an important story lost in the media clutter happened three days before he gave notice.
On that day, Duncan rattled the education policy world with news of a controversial grant of $249 million ($157 the first year) to the charter school industry. This announcement was controversial because, as The Washington Post reports, an auditby his department’s own inspector general found “that the agency has done a poor job of overseeing federal dollars sent to charter schools.”
Post reporter Lynsey Layton notes, “The agency’s inspector general issued a scathing report in 2012 that found deficiencies in how the department handled federal grants to charter schools between 2008 and 2011″ – in other words, during Duncan’s watch.
Even more perplexing is that the largest grant of $71 million ($32.5 the first year) is going to Ohio, the state that has the worst reputation for allowing low-performing charter schools to divert tax money away from educational purposes and do little to raise the achievement of students.
A number of Ohio officials were shocked by the news.
As a different article from The Post reports, Democratic Party Representative Tim Ryan “was alarmed” by the Education Department’s decision. Ryan called his state’s charter school sector “broken and dysfunctional.”
Ted Strickland, an ex-Governor and now Democratic candidate for a US Senate seat in Ohio, wrote Duncan a letter telling him to reconsider the Ohio grant. “Too many of Ohio’s charter schools are an embarrassment,” he states. Strickland quotes from a recent study showing charters in his state perform significantly worse than public schools. He points to a recent scandal in which the person in the state’s department of education responsible for oversight of charters had to resign because he was caught “rigging the books.”
Even Ohio Republicans are disturbed about Secretary Duncan’s generosity to charter schools in the Buckeye State. Like a parent who sees a visiting relative doling out chocolate bars to an already stimulated child, State Auditor Dave Yost quickly stated his concerns about the new charter school largesse to the media and his intention to track how the money is spent. Yost should know. An audit he conducted earlier this year found charter schools in the state misspend millions of tax dollars.
“Why is the Department rewarding this unacceptable behavior,” Strickland asked in his letter.
Money For What?
Certainly throwing unaccounted for federal tax money at charter schools is nothing new.
A recent report from the Center for Media and Democracy found that over the past 20 years the federal government has sent over $3.3 billion to the charter school industry with virtually no accountability. That report notes “the federal government maintains no comprehensive list of the charter schools that have received and spent these funds or even a full list of the private or quasi-public entities that have been approved by states to ‘authorize’ charters that receive federal funds.”
But Secretary Duncan has been particularly generous to charter schools. One of the conditions states had to meet to win a Race to the Top grant, his signature program, was to raise any caps they may have had on the number of charter schools allowed to operate in the state. His department warned states receiving waivers to the onerous provisions of No child Left Behind not to do enact any new policies that would undermine charter schools’ “autonomy.”
Congress has done its part too, raising the amount of federal money going to charter schools through the Charter School Grants program.
The CMD report cited above calculated that the feds are expected to increase charter school funding by 48 percent in FY 2016, which would have been Duncan’s last year on the job. That’s about $375 million more for charters estimates journalist Juan Gonzalez.
Yet at the same time federal support for charter schools continues to grow, revelations increasingly show the results of that spending are frequently disastrous.
Dollars For Disaster
A recent report from the Center for Popular Democracy and the Alliance to Reclaim Our Schools (AROS) uncovered over $200 million in “alleged and confirmed financial fraud, waste, abuse, and mismanagement” committed by charter schools around the country.
The report follows a similar report released a year ago by the same groups that detailed $136 million in fraud and waste and mismanagement in 15 of the 42 states that operate charter schools. The 2015 report cites $203 million, including the 2014 total plus $23 million in new cases, and $44 million in earlier cases not included in the previous year’s report.
Authors of the report called $200-plus million the “tip of the iceberg,” because much of the fraud “will go undetected because the federal government, the states, and local charter authorizers lack the oversight necessary to detect the fraud.”
Adding to concerns over how federal funds for charter schools are used, state audits, like the one conducted in Ohio, have also found widespread financial fraud and abuse committed by these schools.
Although the CPD-AROS report made policy recommendations for mandatory audits of charters and increased transparency and accountability for these schools, none of those recommendations seem to have gotten any attention, much less action, from Duncan and his staff.
A Process Cloaked In Mystery
Both the ends and the means of federal grants to charter schools remain mostly a mystery. Not only do we not know what happens to most of the money; we don’t know how recipients for the money are chosen.
As CMD’s Jonas Persson writes on that organization’s PR Watch blog, “The public is being kept in the dark about which states have applied for the lucrative grants, and what their actual track records are when it comes to preventing fraud and misuse … The U.S Department of Education has repeatedly refused to honor a CMD request under the Freedom of Information Act for the grant applications, even though public information about which states have applied would not chill deliberation and might even help better assess which applicants should receive federal money.”
Also unknown are the names of the “peers” who review applications for the grant money.
How Ohio became chosen for more charter school money is especially enigmatic, not only because of the bad reputation of the state’s charter schools, but also because of the circumstances of how the state’s application was pitched to Duncan and his staff.
Soon after the announcement of the grant, the Akron Beacon reported a Ohio Department of Education official who helped obtain the $71 million in federal money was the very same official who resigned in July “after manipulating data to boost charter schools.” The official resigned a mere two days after filing the grant application.
What’s also interesting about the new federal grant money for Ohio charters is its timing.
Was Money Timed For Youngstown Takeover?
As the Beacon report notes, “The additional federal dollars come as the Ohio Department of Education decides how to distribute $25 million set aside by state lawmakers to help charter schools pay rent, purchase property, or renovate buildings. The money is yet one more assist to charter-school proponents in need of a building. Rent and building acquisition are two of the biggest deterrents to start-ups.”
The grant to Ohio also seems especially well timed to the targeted takeover of one of the most troubled school districts in the state, Youngstown.
As a recent report in Belt Magazine explains, “The Youngstown City Schools, which could lay claim to the title of the worst school district in the state … had been under academic distress for the past five years. Enrollment had dropped 21 percent since 2010.”
This summer, a House education bill with bipartisan support was about to sail through the legislature when State Senator Peggy Lehner, the chairwoman of the Senate Education Committee, suddenly introduced an amendment.
“The amendment,” Belt reporter Vince Guerrieri recounts, “informally dubbed ‘the Youngstown Plan,’ allows for the dissolution of the academic distress commission of any district that’s gotten an F grade for three years in a row or has been under academic distress for at least four years. Youngstown is the only school district that meets that qualification.”
“Within 12 hours of the introduction of the amendment, it had passed the legislature,” Guerrieri writes.
The fast-tracked legislation sets up, according to an NPR outlet in the state, “a five member Academic Distress Commission with a three member majority chosen by the state school superintendent. That group then appoints a CEO with extraordinary powers. He could not only change the collective bargaining agreement with teachers but also create or contract with charter schools.
State school board member Patricia Bruns – a Democrat – says bypassing local elected officials including the school board is unconstitutional. ‘Their idea is to take over the schools, dismantle what’s there, and dole them out to private, for-profit charters.’
So was the federal grant to Ohio timed to pay for the take over of Youngstown schools?
That’s the question Ohio edu-blogger and public school advocate Jan Resseger wants answered. She points to an article by Akron Beacon education reporter Doug Livingston who alleges the new funding for charter schools in Ohio is “designed specifically to pay for the fast-tracked state takeover of the Youngstown schools.” Livingston backs up his claim with a quote from Arne Duncan’s press secretary Elaine Quesinberry who confirmed, “that the Ohio education officials filled out the grant application with the intent to direct money to charter school startups in academic distressed areas. Only two, Youngstown and Lorain, currently fit that description.”
What ‘Reform?’
Meanwhile, as the House bill containing the Youngstown Plan passed with extraordinary haste, another bill to make charter schools more transparent and accountable remained mired in contentious through the summer recess. That bill now seems likely to get approved by the legislature, based on reports received at press time. But “there’s no clear magic bullet” in the bill, according to a Cleveland news outlet, at least in terms of reforming charter schools in the state.
“The bill makes several small changes,” the reporter contends. “Private and for-profit charter school operators will have to provide more information to the public about how they spend tax dollars they are paid to run the schools.” But “the books won’t be anywhere near as open as a public school district’s.”
Also, what amounts to accountability for charters seems especially weak under the provisions of the new law. “The Ohio Department of Education will start to publicize which operators run each school and give information to the public about the academic performance of the schools that each operator runs. That will let families know the track record of the people running a school.” It will? How many families will dig into state reports to make decisions about where to send their kids to school?
A Hands-Off Policy For Charter Schools?
For his part, Secretary Duncan seems little interested in how new federal grants to charter schools will be spent, saying it’s “largely up to states and the public agencies that approve charter schools,” according to the Post article cited above. “At the federal level, we don’t have a whole lot of leverage,” he mused.
This seems an oddly resigned comment from an education secretary whose department has made the minute scrutiny of state policy governing nearly everything having to do with public education – from standards, to teacher evaluations, totutoring requirements.
Why would a secretary so often accused of leading an unprecedented overreach of federal intrusion in state education policy suddenly become so nonchalant about oversight of charter schools?
It certainly doesn’t help dampen suspicion that Duncan’s replacement as acting secretary will be John King, the controversial former New York State Education Commissioner, who has deep ties to the charter school industry.
Before becoming New York Commissioner, King helped to found and operate a charter school management organization with schools in New York, Massachusetts, and New Jersey.
Because King will be acting secretary, no nomination process or Congressional hearings will be needed to approve the leadership change.
Source: Salon
Some Question City’s Decision to Keep IDNYC Documents
Some Question City’s Decision to Keep IDNYC Documents
Advocates who opposed a policy of keeping documents submitted by IDNYC applicants believe the doubts they raised in 2014 have been validated by the legal fight over destroying those papers before...
Advocates who opposed a policy of keeping documents submitted by IDNYC applicants believe the doubts they raised in 2014 have been validated by the legal fight over destroying those papers before Donald Trump becomes president.
“Now they’re saying, ‘If they come for the data, we’re going to burn it,'” says Abraham Paulos, executive director of Families for Freedom. “Well, then why did you keep in in the first place?”
The policy of keeping documents was not part of the original version of the IDNYC law but was added during intense negotiations involving City Hall, the NYPD and advocacy groups.
Some of those advocacy groups—like Families for Freedom and the New York Civil Liberties Union—ended their support for the IDNYC program over the retention policies because they feared the information could be used by federal authorities hunting for undocumented immigrants. Other organizations expressed concerns but continue to support the bill and promoted the ID program.
The fears about the documents have grown more widespread since Trump, who has pledged to deport millions of people, won election. A lawsuit by two Staten Island lawmakers has at least temporarily halted the city from a planned purge of the documents in its possession.
Mayor de Blasio recently said that IDNYC, one of his signature achievements, would no longer retain copies of passports, utility bills and other documents submitted by people applying for the card, which is held by more than 860,000 New Yorkers.
For advocates, that move—while welcome—casts a harsh light on the decision to collect the documents in the first place. Still, many immigration advocates think the ID was a positive step.
Obstacles to an idea
New Haven, Conn., was the first city to issue a municipal ID in 2007, and some local advocates had been pushing for New York City to follow suit in order to give a widely usable ID card to the undocumented as well as others who lacked official identification. De Blasio embraced the ID as a candidate and called for it in his first State of the City speech.
From the outset, the idea faced an obstacle: How do you create a tool that will be especially useful for undocumented people without making it a scarlet letter? Attaching museum discounts and other benefits to the card aimed to broaden its appeal so that even citizens would obtain it.
But while that broader usage meant the card itself didn’t necessarily indicate a holder’s immigration status, the documents associated with each application still could. To obtain an IDNYC, a person has to present documents that establish identity and residency. Among the accepted proofs of identity are foreign passports, consular ID, foreign military identification—all of which could indicate a lack of legal presence in the U.S.
The question that triggered tension during the negotiations over IDNYC was whether that material needed to be saved once IDNYC staff reviewed the documents and approved the card.
The first version of the City Council measure that created the program included the language, “The city shall not retain originals or copies of records provided by an applicant to prove identity or residency for a New York City identity card.”
But the language that became law described a very different approach. It permitted the city to, once a quarter, destroying any application documents that had been held for two years. It also created an opportunity to destroy all the documents in the program’s possession “on or before December 31, 2016” and end document retention then—an effort to ensure that the papers could be shredded before an anti-immigrant president took office.
The lawsuit by Assemblymembers Ron Castorina and Nicole Malliotakis, both Staten Island Republicans, argues the state’s freedom of information laws should prevent that destruction of documents. Malliotakis made her opposition to the destruction clause known as early as February 2015.
Behind-the-scenes debate
When IDNYC was being shaped in 2014, “retention to us was something that we absolutely did not want,” Betsy Plum, director of special projects at the New York Immigration Coalition, recalls.
However, “It was critical that the NYPD accept the ID,” she says, because one goal for the ID was for it to be a resource when someone is stopped by police. “For us and the community we work with the NYPD was a really critical partner for us to keep at the table for the ultimate success of IDNYC.”
And the NYPD said it needed the documents to investigate fraud, she says. Plum describes a back and forth between advocates and City Hall over the retention issue. “They came back saying to us: ‘This is the only way it’s going to happen.'”
A mayoral spokesperson says the retention clause was inserted “after consideration from many stakeholders, including NYPD.” In addition to the language permitting destruction after two years or at the end of 2016, the final bill did require a court order or warrant for the documents to be handed over to any third party.
Some advocates believed those safeguards were enough to justify going ahead with the ID. “Once we were able to see a clear path for the data to be protected, we saw the benefits far outweigh the risks,” Plum says.
Another advocate involved in the discussions recalls that the coalition of advocacy groups involved in the negotiations took a vote on whether to maintain or drop support for the measure; a clear majority favored pressing ahead with the ID.
But Families for Freedom did not. Paulos (who was a City Limits intern eight years ago) already harbored concerns about whether the cards themselves could be used to identify undocumented people. “The retention and the data was the deal breaker,” he recalls. “Once we heard that the NYPD was also in the discussion, we pulled out.”
The New York Civil Liberties Union also parted ways with other advocates. “In this bill, the city has not done enough to protect those documents from being used by law enforcement,” NYCLU advocacy director Johanna Miller testified as the bill was about to be signed in July 2014. “While the NYC ID will bring benefits to many people, we are disappointed that the city is inviting New Yorkers to gamble with the stakes as high as prosecution or even deportation.”
A July 2015 report by the Center for Popular Democracy (which supported the New York law) noted that “the vast majority of municipal ID card programs around the country have prohibited the copying or retention of documents presented to prove identity or residency. In New Haven, San Francisco, and Mercer County, NJ, municipal ID card programs have run smoothly for years without copying or retaining personal documents of applicants.”
“The only city-run municipal ID card program that stores applicants’ personal documents is IDNYC,” the report continued.”
No regrets from supporters
In the months after the law’s passage but before it took effect, the commissioner of the city’s Human Resources Administration—which oversees the ID program—issued executive orders clarifying the protections for IDNYC data and the handling of requests for program information by law enforcement.
But concerns persisted. When the first oversight hearing about the law was held in mid-2015, The Fortune Society testified that it was concerned that, despite the safeguards in the bill, “federal, state and local law-enforcement agencies may not have to meet a probable cause standard to obtain documents.”
Fortune Society director JoAnne Page now tells City Limits: “The more vulnerable people are, the most risk that damage will be done,” if personal information falls into the wrong hands. “I don’t think there is a more vulnerable group than undocumented immigrants who have criminal records.”
Plum says despite the Trump election and the lawsuit, NYIC has no regrets about its decision to support the bill despite the retention policy. “If we were all to live in a reality where we only acted as it if the worst possible things could happen and we allows ourselves to educate and serve communities from a lens of total paranoia, I think we’d have a far worse outcome for the communities we serve and protect,” she says. “I think still with the ID the benefits have and still do outweigh the risks. The alternative here would be to have had no IDNYC – to have parent who can’t get into their kids schools, to have families unable to open bank accounts, to have survivors of domestic violence afraid to call the police because they have no way to identify themselves. I don’t think anyone would want to sacrifice any of those benefits.”
The Castorina-Malliotakis lawsuit is next in court on January 18. NYCLU staff attorney Jordan Wells says he believes the city will ultimately be able to follow through on their plans to destroy the documents. “The lawsuit pending in Staten Island is without merit,” he says. “Eventually the city will be able to follow the procedure.”
But Paulos believes damage has already been done. The fact that the city will now destroy the documents, and will no longer keep those generated for new applications, makes it hard to credit the assertions that keeping that paperwork was necessary in the first place. “There’s a lot of mistrust.”
By Jarrett Murphy
Source
States Expand Inquiry Into On-Call Scheduling
States Expand Inquiry Into On-Call Scheduling
Eight states and the District of Columbia have expanded their probe into on-call scheduling at retail companies, asking a group of national chains to provide detailed information on their use of...
Eight states and the District of Columbia have expanded their probe into on-call scheduling at retail companies, asking a group of national chains to provide detailed information on their use of the controversial practice.
On-call shifts, where a worker must be available to work a shift that can be cancelled at the last minute without compensation, has become popular in retail. But the practice wreaks havoc on the lives of low-paid hourly workers trying to plan plan around child care, schooling, or second jobs, as a BuzzFeed News investigation found last year.
At the time, New York Attorney General Eric Schneiderman sent a letter to 14 chains (published below), inquiring about their use of on-call scheduling and warning it may be illegal. Since then, Victoria’s Secret, Bath & Body Workers, J. Crew, Urban Outfitters, and Gap have committed to ending the practice.
“On-call shifts are not a business necessity, as we see from the many retailers that no longer use this unjust method of scheduling work hours,” said Schneiderman in a statement.
A study by the left-leaning Economic Policy Institute found that the lowest income workers receive the most irregular schedules, with unpredictability leading to increased stress.
“It’s heartening to see more and more policymakers and regulators take action,” said Carrie Gleason, Director of the Fair Workweek Initiative at the Center for Popular Democracy, a liberal advocacy group.
On Tuesday, the offices of the Attorneys General in California, Connecticut, the District of Columbia, Illinois, Maryland, Massachusetts, Minnesota, New York, and Rhode Island sent a letter requesting employee handbooks, schedules, and payroll information.
In these states, the Attorneys General warn, the practice may be a violation of a law mandating a minimum of four hours of pay for employees who report for work.
The following retailers received the letter: Aéropostale, American Eagle, BCBG Max Azria, Carter’s Inc., Coach, DavidsTea Inc., Walt Disney Co., Forever 21 Inc., Ascena Retail Group Inc.’s Justice, Pacific Sunwear of California Inc., Payless ShoeSource, Tilly’s Inc., Uniqlo, VF Corp.’s Vans, and Zumiez Inc.
Spokespeople from Uniqlo and Coach told the Wall Street Journal that the companies don’t use the practice. BuzzFeed News has reached out to the companies listed for comment and will update the post with responses.
UPDATE
A spokesperson for American Eagle Outfitters said in a statement, ““American Eagle Outfitters is committed to providing our associates with a positive working environment. We decided in November 2015 to cease the use of ‘on-call shifts’ and advised our stores. We are taking steps to reinforce and assure adherence to this policy across our store fleet.”
A spokesperson for Forever 21 said, “Contrary to published reports, Forever 21 does not permit on-call scheduling nor do we have a company policy around doing so.”
A spokesperson for Vans said the company does not use on-call scheduling and will comply with the request for information.
A spokesperson for Uniqlo said that Uniqlo has received the letter and that on-call scheduling is not a Uniqlo practice or policy.
A spokesperson for Payless ShoeSource says the company does not engage in on-call scheduling, has received the inquiry and will respond accordingly.
A spokesperson for Zumiez said, “It is our practice to cooperate with any request from the attorney general or other state agencies and we will do so in this case as well.” Apr. 14, 2016, at 10:21 a.m.
By Cora Lewis
Source
2 days ago
2 days ago