Regular Session - March 1, 2011
850
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 1, 2011
11 3:19 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH A. GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
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1 ACTING PRESIDENT GRIFFO: The
2 Senate will come to order.
3 I ask all present to please rise
4 and join with me as we recite the Pledge of
5 Allegiance to our Flag.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT GRIFFO: In the
9 absence of clergy, I ask that we all bow our
10 heads in a moment of silent reflection.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 ACTING PRESIDENT GRIFFO: The
14 reading of the Journal.
15 THE SECRETARY: In Senate,
16 Monday, February 28, the Senate met pursuant
17 to adjournment. The Journal of Sunday,
18 February 27, was read and approved. On
19 motion, Senate adjourned.
20 ACTING PRESIDENT GRIFFO: Without
21 objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.
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1 Reports of standing committees.
2 We have a report. The Secretary
3 will read.
4 THE SECRETARY: Senator
5 DeFrancisco, from the Committee on Finance,
6 reports the following nomination.
7 As commissioner of the Office of
8 Alcoholism and Substance Abuse Services,
9 Arlene Gonzalez-Sanchez, of Fresh Meadows.
10 ACTING PRESIDENT GRIFFO: Senator
11 Klein.
12 SENATOR KLEIN: Thank you,
13 Mr. President. It's my distinct pleasure to
14 nominate Arlene Gonzalez-Sanchez as
15 commissioner of the State Office of Alcoholism
16 and Substance Abuse Services.
17 I have the privilege of knowing
18 Arlene and her husband, who is an active
19 member of my district. He was once the head
20 of Bronx Psychiatric Center, Lincoln Hospital,
21 among others.
22 And Arlene is truly someone who has
23 dedicated her life to public service. She
24 serves as commissioner and director of
25 community services at the Nassau County
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1 Department of Mental Health, Chemical
2 Dependency and Developmental Disabilities
3 Services, after working as deputy commissioner
4 for two years. She's also the cochair of the
5 Nassau County Health Disparity Task Force.
6 Prior to working for Nassau County,
7 Ms. Gonzalez-Sanchez served in the New York
8 City Department of Health and Mental Hygiene
9 for a decade. She also served as director of
10 the Bronx Health Corps.
11 You know, in this time when we all
12 want to make sure that people who are fighting
13 alcohol and drug dependency have an advocate,
14 someone who can truly be there on their side,
15 I can't think of anyone better than our future
16 commissioner, Arlene Gonzalez-Sanchez. I
17 wholeheartedly nominate her, Mr. President.
18 ACTING PRESIDENT GRIFFO: Thank
19 you, Senator Klein.
20 Is there any other member wishing
21 to be speak on the nomination?
22 The nomination has been moved. The
23 question, therefore, is on the nomination of
24 Arlene Gonzalez-Sanchez as commissioner of the
25 Office of Alcoholism and Substance Abuse
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1 Services. All in favor signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT GRIFFO:
4 Opposed?
5 (No response.)
6 ACTING PRESIDENT GRIFFO: Arlene
7 Gonzalez-Sanchez is hereby confirmed as
8 commissioner of the Office of Alcoholism and
9 Substance Abuse Services.
10 Congratulations, Commissioner. And
11 to you and your family, we welcome you.
12 (Applause.)
13 ACTING PRESIDENT GRIFFO: Reports
14 of select committees.
15 Communications and reports from
16 state officers.
17 Motions and resolutions.
18 Senator Libous.
19 SENATOR LIBOUS: Thank you,
20 Mr. President.
21 May we please adopt the Resolution
22 Calendar except for the following resolutions
23 please: 591, 669, 675, and 676.
24 ACTING PRESIDENT GRIFFO: All in
25 favor of adopting the Resolution Calendar as
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1 identified signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT GRIFFO:
4 Opposed?
5 (No response.)
6 ACTING PRESIDENT GRIFFO: The
7 Resolution Calendar as identified is adopted.
8 Senator Libous.
9 SENATOR LIBOUS: Thank you,
10 Mr. President.
11 At this time, Mr. President, I
12 believe that Senator Nozzolio has Resolution
13 Number 669 at the desk. I ask that you would
14 read it in its entirety and call on Senator
15 Nozzolio, please.
16 ACTING PRESIDENT GRIFFO: The
17 Secretary will read.
18 THE SECRETARY: By Senator
19 Nozzolio, Legislative Resolution Number 669,
20 commending the South Seneca Elementary School
21 Fifth Grade Swing Chorus upon the occasion of
22 its participation in Music in Our Schools
23 Month 2011.
24 "WHEREAS, The administrators of
25 South Seneca Elementary School in Seneca
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1 County's South Seneca Central School District
2 are committed to actively promoting and
3 nurturing a comprehensive music program for
4 all the students in the district; and
5 "WHEREAS, Those same administrators
6 have been supportive, actively encouraging
7 music program staff to devote their time and
8 energy to developing the talents of their
9 students; and
10 "WHEREAS, The Fifth Grade Swing
11 Chorus of South Seneca Elementary School,
12 Interlaken, New York, comprised of students of
13 the highest musical and academic caliber, will
14 be performing on March 1, 2011, at the South
15 Concourse of the Empire State Plaza in Albany,
16 in celebration of the 39th Annual Music in Our
17 Schools Month; and
18 "WHEREAS, The New York State School
19 Music Association sponsors this event and has
20 helped it to evolve from a New York State Day
21 into a month-long national observance, the
22 theme of which is, this year, "Music Lasts a
23 Lifetime"; and
24 "WHEREAS, Talent, dedication and
25 countless hours of practice have made the
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1 Fifth Grade Swing Chorus of South Seneca
2 Elementary School the outstanding ensemble it
3 is today; and
4 "WHEREAS, The talented members of
5 the Fifth Grade Swing Chorus include: Cole
6 Acker, Tyler Acker, Catie Adams-Compton, Jesse
7 Bower, Justin Carmona, Cameron Cupp, Julia
8 Diamond, Jeffery Elliott, Dominiq Kio,
9 Annabelle MacIntosh, Haleigh Mills, Benjamin
10 Pollack, Amber Relyea, Alexandria Rought,
11 Skylar Shaulis, Dylan Stiles, Tessa Taylor and
12 John Zajac; and
13 "WHEREAS, Ably led by choral music
14 teacher Diane W. Dersch, the members of the
15 South Seneca Elementary School Fifth Grade
16 Swing Chorus work hard at their music
17 rehearsals, classroom assignments, and
18 practice sessions, fully aware that the amount
19 of time and energy they are willing to expend
20 directly affects the quality of their music;
21 and
22 "WHEREAS, The South Seneca
23 Elementary School Fifth Grade Swing Chorus
24 members, along with their parents and
25 teachers, can be justifiably proud of their
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1 musical achievements and their participation
2 in Music in Our Schools Month; now, therefore,
3 be it
4 "RESOLVED, That this Legislative
5 Body extend a warm welcome to the staff,
6 students, and parents of South Seneca
7 Elementary School as they visit Albany for the
8 performance at the Empire State Plaza; and be
9 it further
10 "RESOLVED, That copies of this
11 resolution, suitably engrossed, be transmitted
12 to the South Seneca Elementary School Fifth
13 Grade Swing Chorus and to Diane W. Dersch,
14 director."
15 ACTING PRESIDENT GRIFFO: Senator
16 Nozzolio.
17 SENATOR NOZZOLIO: Thank you,
18 Mr. President.
19 And thank you, Clerk Testo, for
20 your excellent reading of that resolution, as
21 always.
22 Ladies and gentlemen, my
23 colleagues, that on this very busy day in the
24 State Capitol it's exciting to see a group of
25 enthusiastic young people from the South
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1 Seneca Central School District who are here to
2 add joy to the proceedings of the New York
3 State Legislature as well as adorn the Capitol
4 Building.
5 I wish you all could have been with
6 me on the Million Dollar Staircase when I just
7 heard such a wonderful rendition of the
8 beautiful song "God Bless America" by this
9 wonderfully talented chorus.
10 The resolution speaks to their
11 unity and how well they've come together. And
12 we certainly need to give thanks to Diane
13 Dersch for her leadership, her great teaching
14 and instructing a group of enthusiastic,
15 wonderful young people on the beautiful art of
16 singing. Their music, their chorus was
17 stellar.
18 I want to list, on the potential of
19 missing out of someone, excluding someone from
20 the list I have, but I have a list of those
21 teachers who traveled with the chorus today,
22 along with Instructor Dersch: Lynda Diamond,
23 Todd Kurzweil, Kevin Webster, Jennifer
24 Worrell, and Ray Zajac, Jr., along with a
25 number of parents who took time out of their
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1 schedules to be with their young children in
2 helping provide the Capitol Building with such
3 wonderful sounds: Scott and Emily Diamond,
4 Jessica Elliott, Deanna and Kevin Mills,
5 Jennifer Taylor, Elizabeth Stiles, Jodi Zajac,
6 Allan Pollack, Joan Shaulis, Ron, Connie and
7 Dylan Carmona, Michael Rought, Kelley
8 MacIntosh, Todd and Tammy Acker, and Chip
9 Adams-Compton.
10 And if I've left your name out who
11 made the trip, I apologize.
12 But I want to thank you all,
13 members of the South Seneca community. Not
14 with the largest school budget, not with the
15 largest number of children in school, not from
16 anywhere near the wealthiest community on the
17 other side of the aisle, but one of the most
18 challenged communities that we have in the
19 Central Finger Lakes, a community that's come
20 together and shown that it can produce
21 excellent young students who contribute to our
22 world.
23 Mr. President, I want to thank all
24 those parents, instructors and, last but not
25 least, the wonderful members of the South
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1 Seneca Elementary School Chorus for being here
2 today, for doing such a wonderful job, and for
3 brightening up our day in the New York State
4 Capitol.
5 Thank you, Mr. President.
6 ACTING PRESIDENT GRIFFO: Thank
7 you, Senator Nozzolio.
8 Is there any other Senator wishing
9 to speak on the resolution?
10 Hearing none, the question is on
11 the resolution. All in favor signify by
12 saying aye.
13 (Response of "Aye.")
14 ACTING PRESIDENT GRIFFO:
15 Opposed?
16 (No response.)
17 ACTING PRESIDENT GRIFFO: The
18 resolution is carried.
19 And the house would like to extend
20 a warm welcome and congratulations to the
21 South Seneca Fifth Grade Swing Chorus.
22 Congratulations and welcome.
23 (Applause.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Libous.
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1 SENATOR LIBOUS: Thank you,
2 Senator Nozzolio. Thank you, Mr. President.
3 Mr. President, I believe that
4 Senator Stewart-Cousins has a privileged
5 resolution at the desk. Would you please read
6 it in its entirety and then call on Senator
7 Stewart-Cousins, please.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: By Senator
11 Stewart-Cousins, Legislative Resolution Number
12 510, honoring Yonkers Public School
13 Superintendent Bernard P. Pierorazio upon the
14 occasion of being named the New York State
15 School Superintendent of the Year by the
16 New York State Council of School
17 Superintendents.
18 "WHEREAS, It is the sense of this
19 Legislative Body to recognize and commend
20 those illustrious individuals of distinguished
21 purpose whose lives have been committed to the
22 pursuit of excellence in education of the
23 youth of the Empire State; and
24 "WHEREAS, This Legislative Body is
25 justly proud to honor Yonkers Public School
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1 Superintendent Bernard P. Pierorazio upon the
2 occasion of being named the New York State
3 School Superintendent of the Year by the
4 New York State Council of School
5 Superintendents; and
6 "WHEREAS, Currently serving as
7 superintendent of the Yonkers Public Schools,
8 the fourth largest district in New York State,
9 Bernard Pierorazio formerly served as deputy
10 superintendent, assistant superintendent, and
11 principal of Saunders Trades and Technical
12 High School, which under his leadership became
13 a United States Department of Education Blue
14 Ribbon School of Excellence as well as a New
15 American High School; and
16 "WHEREAS, Bernard Pierorazio, a
17 graduate of the Yonkers Public Schools
18 District, continued his studies at Central
19 Connecticut State University, the College of
20 New Rochelle, and Iona College, earning
21 degrees in history, special education, and
22 administration and supervision. With strong
23 community loyalty and dedication to education,
24 he returned to his native Yonkers, working as
25 a teacher, dean, and administrator; and
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1 "WHEREAS, Bernard Pierorazio has
2 received numerous prestigious awards and
3 recognitions that highlight his educational
4 career and are testimony to his community
5 commitment. Some of these include the Rotary
6 Club of Yonkers Leadership in Education Award,
7 the Boy Scouts of America Excellence in
8 Education Award, the American Congress of
9 Italian Migration Educator of the Year Award,
10 the Westchester Association of Hispanic
11 Professionals Award; Eastchester Tuckahoe
12 Lions' Club Man of the Year Award, and the
13 New York Association for Continuing Community
14 Education Lawrence Levin Professional Award;
15 and
16 "WHEREAS, As a result of Bernard
17 Pierorazio's leadership and action as
18 superintendent of the Yonkers School District,
19 the children's quality of education has
20 dramatically improved. He is responsible for
21 the development of the district's five-year
22 plan leading to unitary status and ending
23 court-ordered desegregation; restructuring of
24 middle schools resulting in increased Regents
25 scores and graduation rates; increasing the
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1 number of high schools from five to nine; and
2 increased parent involvement with student
3 learning through Blackboard and mass telephone
4 communication; and
5 "WHEREAS, Bernard Pierorazio has
6 served as the keynote speaker at many local,
7 state and national conferences. He has also
8 hosted and participated in numerous
9 school-related programs for television
10 stations, including Yonkers' public education
11 station, WDMC, and Cablevision News 12; and
12 "WHEREAS, Educators like Bernard
13 Pierorazio provide a tremendous service to the
14 future of our state and nation, inspiring
15 generations of young people in their
16 educational journeys and ensuring their
17 success in their future years; and
18 "WHEREAS, Bernard Pierorazio has
19 had an enduring impact on the youth of the
20 Yonkers Public School District, as well as on
21 the community at large, and accordingly merits
22 recognition and applause for his impressive
23 dedication to others; and
24 "WHEREAS, With him throughout have
25 been his wife, Tina, his sons, Phillip and
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1 Michael, as well as his parents, Joseph and
2 Lillian, all of whom feel privileged to be
3 part of his life and rejoice in his
4 achievements; and
5 "WHEREAS, It is the sense of this
6 Legislative Body to commend efforts of those
7 individuals who work to support our proud
8 tradition of public education by providing
9 their skills and talents to our schools; now,
10 therefore, be it
11 "RESOLVED, That this Legislative
12 Body pause in its deliberations to honor
13 Yonkers Public School Superintendent Bernard
14 P. Pierorazio upon the occasion of being named
15 the New York State School Superintendent of
16 the Year by the New York State Council of
17 School Superintendents, and be it further
18 "RESOLVED, That copies of this
19 resolution, suitably engrossed, be transmitted
20 to Bernard P. Pierorazio, Yonkers Public
21 School Superintendent."
22 ACTING PRESIDENT GRIFFO: Senator
23 Stewart-Cousins on the resolution.
24 SENATOR STEWART-COUSINS: Thank
25 you, Mr. President.
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1 It is really an honor to stand
2 before this body and recognize my Yonkers
3 school superintendent as the School
4 Superintendent of the Year. Obviously,
5 New York State picks a superintendent each
6 year, and I hope that each of you have an
7 opportunity to rise and congratulate your
8 superintendent.
9 My superintendent, as you've heard,
10 is quite extraordinary. And I speak from
11 firsthand experience, because I first met
12 Bernard Pierorazio when he was, I guess, an
13 assistant principal and then principal of one
14 of my three children who went to Saunders.
15 Saunders is an extraordinary place.
16 And what Mr. Pierorazio brought to Saunders
17 created the atmosphere of excellence that
18 continued despite very difficult times in
19 Yonkers.
20 I have watched Mr. Pierorazio grow
21 in every role that he has been given. I have
22 watched him continue to include the parents.
23 I have watched him make sure that excellence
24 is the watchword of every school in Yonkers.
25 He has helped us during, again, very difficult
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1 times to find ways creatively and innovatively
2 to bridge the gap.
3 He is someone who is exceptional.
4 And this year -- I'm sorry to bring him
5 forward this year, because this year is an
6 extremely difficult year. But I thought that
7 you should see him to know, as we request even
8 more -- as we usually do, because we need so
9 much more. Yonkers is one of the Big Five.
10 Yonkers is the only one of the Big Five cities
11 that is in good standing. And yet Yonkers is,
12 again, operating with less than what it needs.
13 We have done creative things. We
14 have a superintendent that does creative
15 things. But together we can make Yonkers as
16 exceptional as it can be under the leadership
17 of a very, very great state superintendent.
18 So I want to congratulate you and
19 thank you for really raising the bar for
20 everyone in New York State. Enjoy this year.
21 We are very privileged and proud to have you.
22 Thank you.
23 ACTING PRESIDENT GRIFFO: Thank
24 you, Senator Stewart-Cousins.
25 Is there any other Senator wishing
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1 to speak?
2 The question, therefore, is on the
3 resolution. All in favor signify by saying
4 aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT GRIFFO:
7 Opposed, if any.
8 (No response.)
9 ACTING PRESIDENT GRIFFO: The
10 resolution is carried.
11 Our congratulations and best wishes
12 to Superintendent Bernard Pierorazio, who is
13 with us today. Congratulations,
14 Mr. Superintendent.
15 (Applause.)
16 ACTING PRESIDENT GRIFFO: Senator
17 Libous.
18 SENATOR LIBOUS: Thank you,
19 Mr. President.
20 I believe there's another
21 resolution at the desk that was previously
22 adopted by Senator DeFrancisco. I ask that
23 you read the resolution in its entirety and
24 call on Senator DeFrancisco.
25 ACTING PRESIDENT GRIFFO: The
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1 Secretary will read.
2 THE SECRETARY: By Senator
3 DeFrancisco, Legislative Resolution Number
4 187, congratulating the North Syracuse
5 All-Star Baseball Team on their 2010 Babe Ruth
6 World Series Championship.
7 "WHEREAS, Excellence and success in
8 competitive sports can be achieved only
9 through strenuous practice, team play and team
10 spirit that is nurtured by dedicated coaching
11 and strategic planning; and
12 "WHEREAS, Athletic competition
13 enhances the moral and physical development of
14 the young people of this state, preparing them
15 for the future by instilling in them the value
16 of teamwork, encouraging a standard of healthy
17 living, imparting a desire for success, and
18 developing a sense of fair play, teamwork, and
19 competition; and
20 "WHEREAS, It is the sense of this
21 Legislative Body to recognize and pay tribute
22 to those young people within the State of
23 New York who, achieving outstanding success in
24 athletic competition, have inspired and
25 brought pride to their community; and
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1 "WHEREAS, This Legislative Body is
2 justly proud to congratulate the North
3 Syracuse All-Star Baseball Team on their
4 13-to-15-year-old 2010 Babe Ruth World Series
5 Championship; and
6 "WHEREAS, To bring home a World
7 Series Championship, as did the 2010 North
8 Syracuse All-Star Baseball Team, is a
9 wonderful achievement. The team defeated
10 Saginaw Valley, Michigan, 7 to 4, to capture
11 their first World Series Championship after
12 competing in three consecutive World Series;
13 and
14 "WHEREAS, In addition to the North
15 Syracuse team's success, 2010 was a year for
16 individual milestones as well. Bishop
17 Ludden's Ryan O'Kane was named the
18 tournament's Most Valuable Player, and
19 Baldwinsville's Gabe Levanti and Liverpool's
20 Pat Wright were named to the All-Tournament
21 Team along with O'Kane; and
22 "WHEREAS, No team, no matter how
23 gifted one or a handful of its members may be,
24 can succeed without outstanding talent
25 throughout its entire roster. Such was the
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1 case for the 2010 North Syracuse All-Star
2 Baseball Team, whose players included Tyler
3 Bliss, Joe Bodnar, Dan Brower, Alex Caruso,
4 Brett Charbonneau, Matt DiPaulo, Eric
5 Hamilton, Brandon Kapcinski, Gabe Levanti,
6 Ryan O'Kane, Nick Pilotti, Pat Wright, and Dan
7 Zimmerman; and
8 "WHEREAS, The success of the North
9 Syracuse All-Star Baseball Team is due in
10 great part to the efforts of Manager Dom
11 Caruso and his outstanding assistant coaches,
12 Tom Medicis and John Levanti. The team was
13 also assisted by the never-ending
14 encouragement and support of friends, family,
15 and the community; and
16 "WHEREAS, The 2010 North Syracuse
17 All-Star Baseball Team shared noteworthy
18 attributes off the field as well as in
19 competition. Individually and collectively,
20 they constantly exhibited good sportsmanship,
21 thereby demonstrating to themselves and to
22 others that they have been an enviable
23 combination of talent and character which
24 reflects favorably upon their community; now,
25 therefore, be it
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1 "RESOLVED, That this Legislative
2 Body pause in its deliberations to
3 congratulate the 2010 North Syracuse All-Star
4 Baseball Team on their Babe Ruth World Series
5 Championship; and be it further
6 "RESOLVED, That copies of this
7 resolution, suitably engrossed, be transmitted
8 to the members of the 2010 North Syracuse
9 All-Star Baseball Team and its coaches."
10 ACTING PRESIDENT GRIFFO: Senator
11 DeFrancisco on the resolution.
12 SENATOR DeFRANCISCO: Thank you.
13 We're pleased to have the North
14 Syracuse All-Star Baseball Team, the Babe Ruth
15 World Championship Team, in the gallery.
16 It's not an unusual situation where
17 we bring championship teams from Onondaga
18 County here to the Senate. I'm a little
19 embarrassed for all the other Senators who
20 don't get that opportunity very often.
21 But we have some very talented
22 people in our community. And can you imagine
23 this fact, that they won the Babe Ruth World
24 Series Championship by beating Saginaw Valley,
25 Michigan -- they won it, won the championship
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1 after competing in three consecutive World
2 Series. I mean, that is real consistency.
3 And it's an amazing thing for the players as
4 well as the coaches to have that kind of
5 record in a World Series event.
6 The other important point of this
7 resolution I think is the other attributes
8 that are mentioned at the end. Good
9 sportsmanship, which shows not only the talent
10 they have, but the great character they have.
11 And let me explain something to
12 you, that you're going to remember the people
13 you're with now for the rest of your life. My
14 friends when I played sports are my friends to
15 this very day. And the lessons you learn on
16 the field are going to bode well for you
17 throughout your life -- the good
18 sportsmanship, the hard competition, and to be
19 the best you can possibly be.
20 So congratulations on this great
21 achievement. And more importantly,
22 congratulations because you're going to be the
23 leaders of tomorrow.
24 Thank you for coming.
25 (Applause.)
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1 ACTING PRESIDENT GRIFFO: Thank
2 you, Senator DeFrancisco.
3 Senator Valesky, on the resolution.
4 SENATOR VALESKY: Thank you,
5 Mr. President.
6 I want to join Senator DeFrancisco
7 in congratulating our young baseball stars
8 from North Syracuse and welcoming them to the
9 State Capitol.
10 I would just add one other point
11 from the resolution which was just read a few
12 moments ago. But in addition to the athletic
13 achievements that you have achieved for
14 yourselves, note that what you have done --
15 and what we say here in this resolution --
16 that you have inspired and brought pride to
17 their community. Inspired and brought pride
18 to your community. That means your village,
19 that means your town, that means your school
20 district, that means Onondaga County, it means
21 all of Central New York.
22 So you did more than just win a
23 series of baseball games, including one in
24 Michigan, to allow us to call you World Series
25 champions; you inspired and brought pride to
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1 all of us who are proud to represent you. So
2 thank you very much, and congratulations.
3 ACTING PRESIDENT GRIFFO: Thank
4 you, Senator Valesky.
5 Is there any other Senator wishing
6 to speak on the resolution?
7 Seeing none, the question is on the
8 resolution. All in favor signify by saying
9 aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT GRIFFO:
12 Opposed?
13 (No response.)
14 ACTING PRESIDENT GRIFFO: The
15 resolution is adopted.
16 And we want to extend our
17 congratulations again to the North Syracuse
18 All-Star Baseball Team World Series Champions
19 of the Babe Ruth League.
20 Congratulations. It's good to know
21 that spring training is here and the season is
22 at hand.
23 (Applause.)
24 ACTING PRESIDENT GRIFFO: Senator
25 Libous.
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1 SENATOR LIBOUS: Thank you,
2 Mr. President.
3 I believe there is a resolution at
4 the desk by Senator Rivera. He would ask that
5 we read its title only, and then please call
6 on Senator Rivera.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: By Senator
10 Rivera, Legislative Resolution Number 675,
11 congratulating the Celia Cruz Bronx High
12 School of Music Show Choir upon the occasion
13 of being named the "Best Choir in New York
14 City" at the Bronx Zoo's Inaugural SING! for
15 Wildlife competition on December 30, 2010.
16 ACTING PRESIDENT GRIFFO: Senator
17 Rivera.
18 SENATOR RIVERA: Thank you,
19 Mr. President.
20 I stand today to congratulate the
21 students from the Celia Cruz High School for
22 their "Best Choir in New York City" win just a
23 couple of weeks ago.
24 And I was hoping that Senator
25 Nozzolio would be here, since he was thanking
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1 the South Seneca Elementary School choir.
2 This is obviously -- we're kind of in the same
3 field here.
4 They actually won the first
5 competition that was held by the Bronx Zoo, by
6 the SING! for Wildlife competition. And it
7 was -- I saw them perform at the Hard Rock
8 Cafe just a couple of weeks ago. They started
9 with "Route 66," so kind of a jazzy number,
10 then moving on to some classical choral
11 performances, and finishing off with a
12 "Phantom of the Opera" rendition.
13 And these kids are an inspiration.
14 The Celia Cruz High School is only a couple of
15 blocks from my home. And I got to see them
16 and hear them for the first time only a couple
17 of weeks ago.
18 And I think that is a testament to
19 the importance of arts education in our
20 schools. The way that they became this very
21 tight choral organization, how they used arts
22 to not only learn how to perform but also to
23 perform better at school. They're actually
24 almost all of them honor students.
25 These are kids that unfortunately
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1 could not be here with us today, but I wanted
2 to make sure that I stood up and I said that I
3 congratulate them, that I wish them nothing
4 but success, and to remind everyone that it is
5 for programs like this that we are fighting
6 for. Not only do they get to sing and
7 perform, but they get to use the arts as one
8 of the tools to become better students and
9 better people.
10 I also want to make sure that I
11 congratulate their parents and the teachers
12 there, particularly the choir director, Lisa
13 Gwasda. And she is an amazing performer as
14 well.
15 So I would ask my colleagues to
16 join me in celebrating this victory for them
17 and a victory for New York City.
18 Thank you so much, Mr. President.
19 ACTING PRESIDENT GRIFFO: Thank
20 you, Senator Rivera.
21 Any other Senator wishing to be
22 heard?
23 The question therefore is on the
24 resolution. All in favor signify by saying
25 aye.
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1 (Response of "Aye.")
2 ACTING PRESIDENT GRIFFO:
3 Opposed?
4 (No response.)
5 ACTING PRESIDENT GRIFFO: The
6 resolution is adopted.
7 Senator Libous.
8 SENATOR LIBOUS: Thank you,
9 Mr. President.
10 I believe there is a resolution at
11 the desk by Senator Fuschillo, Number 591. He
12 would ask that you read it, please, in its
13 entirety, and then call on Senator Fuschillo.
14 ACTING PRESIDENT GRIFFO: The
15 Secretary will read.
16 I'd ask that we have order in the
17 chamber, please. Order in the chamber,
18 please.
19 The Secretary will read.
20 THE SECRETARY: By Senator
21 Fuschillo, Legislative Resolution Number 591,
22 mourning the untimely death of Nassau County
23 Police Officer Michael J. Califano on
24 February 4, 2011.
25 "WHEREAS, It is the sense of this
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1 Legislative Body to convey its grateful
2 appreciation and heartfelt regret in
3 recognition of the loss of a courageous police
4 officer who dedicated his purposeful life and
5 career in faithful service to his family and
6 to the residents of Nassau County; and
7 "WHEREAS, It is with profound
8 sadness that this Legislative Body records the
9 passing of Nassau County Police Officer
10 Michael J. Califano, who made the ultimate
11 sacrifice on February 4, 2011, while
12 faithfully executing his responsibilities,
13 serving with dedication, loyalty, and
14 compassion, and who devoted his purposeful
15 life and career to serve and protect; and
16 "WHEREAS, Nassau County Police
17 Officer Michael J. Califano exemplified what
18 it truly means to give of himself in providing
19 vital police services in keeping with the
20 noble mission of the Nassau County Police
21 Department; and
22 "WHEREAS, Officer Michael Califano,
23 a 44-year-old respondent of Wantagh and a
24 12-year veteran of the department, died in the
25 line of duty on February 4, 2011. He was a
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1 highway patrolman and the first Nassau County
2 police officer to die in the line of duty
3 since 1993; and
4 "WHEREAS, Growing up in North
5 Massapequa, and graduating from St. John the
6 Baptist High School in West Islip, Michael
7 Califano earned his associate degree in
8 criminal justice from Nassau Community
9 College; and
10 "WHEREAS, Joining the Nassau County
11 Correction Department in 1988, Officer Michael
12 Califano worked at the county jail in East
13 Meadow, then joined the police department in
14 1998 and was appointed to the First Precinct.
15 He moved to the Highway Patrol squad in 2008;
16 and
17 "WHEREAS, A great family man who
18 was well-loved, Officer Michael Califano is
19 survived by his wife, Jacqueline, and their
20 three children, Michael, Christopher and
21 Andrew; parents, Catherine and Michael;
22 brothers, Edward and Charles; and sisters,
23 Karen and Donna; and
24 "WHEREAS, Armed with a humanistic
25 spirit, imbued with a sense of compassion, and
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1 comforted by a loving family, Nassau County
2 Police Officer Michael J. Califano leaves
3 behind a legacy which will long endure the
4 passage of time and will remain as a
5 comforting memory to all he served and
6 befriended. He will be deeply missed and
7 truly merits the grateful tribute of this
8 Legislative Body; now, therefore, be it
9 "RESOLVED, That this Legislative
10 Body pause in its deliberations to mourn the
11 untimely death of Nassau County Police Officer
12 Michael J. Califano, noting the significance
13 of his contributions on behalf of the citizens
14 of this noble Empire State, and expressing its
15 deepest condolences to his family; and be it
16 further
17 "RESOLVED, That copies of this
18 resolution, suitably engrossed, be transmitted
19 to the family of Officer Michael J. Califano."
20 ACTING PRESIDENT GRIFFO: I would
21 ask the chamber to come to silence, please,
22 out of respect for the slain police officer.
23 And I call upon Senator Fuschillo
24 to speak.
25 May I have silence in the chamber,
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1 please.
2 SENATOR FUSCHILLO: Thank you
3 very much, Mr. President.
4 And unlike the previous resolutions
5 where we were celebrating individuals'
6 accomplishments, this is certainly a
7 resolution that is extremely sad.
8 On February 4th of this year,
9 nearly a month ago, Police Officer Michael
10 Califano lost his life while on duty on the
11 Long Island Expressway, pulling over a box
12 truck. A sleepy driver in another truck that
13 was carrying cars, the gentleman fell asleep,
14 crashed right into his car, and Michael
15 Califano was killed instantly.
16 He leaves behind a wife who he
17 loved dearly, Jackie; his son Michael,
18 13 years old; his son Chris, 11; and a younger
19 boy named Andrew.
20 I grew up working with his father,
21 Michael Califano, and he always boasted about
22 his children. And his son was really the
23 apple of the eye of so many not only in his
24 family but throughout the community.
25 I attended the funeral, and this is
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1 the first police officer that died in Nassau
2 County since 1993. And I have to tell you
3 something, it was one of the saddest moments
4 of my life to see thousands and thousands of
5 police officers and individuals in law
6 enforcement throughout New York, throughout
7 New Jersey and Connecticut and from other
8 states that came to really celebrate the life
9 of Michael Califano.
10 The resolution says it all. He was
11 a great individual. He comes from a great
12 family. And we lost somebody that really this
13 community loves. And his loss is not only to
14 his family in Nassau County, but to the entire
15 State of New York.
16 And thank you very much,
17 Mr. President, for having the resolution read
18 on the floor.
19 ACTING PRESIDENT GRIFFO: Thank
20 you, Senator Fuschillo.
21 The question is on the resolution.
22 All in favor signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT GRIFFO:
25 Opposed?
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1 (No response.)
2 ACTING PRESIDENT GRIFFO: The
3 resolution is adopted.
4 Senator Libous.
5 SENATOR LIBOUS: Mr. President,
6 could I ask the members to please stand in a
7 moment of silence in honor of Officer
8 Califano, please.
9 ACTING PRESIDENT GRIFFO: All
10 members please rise in a moment of silent
11 reflection in honor of Officer Michael
12 Califano.
13 (Whereupon, the assemblage
14 respected a moment of silence.)
15 ACTING PRESIDENT GRIFFO: Senator
16 Libous.
17 SENATOR LIBOUS: Thank you,
18 Mr. President.
19 I believe Senator Fuschillo has
20 another resolution at the desk. But he's only
21 requiring that we read its title and go to its
22 immediate adoption.
23 ACTING PRESIDENT GRIFFO: The
24 Secretary will read.
25 THE SECRETARY: By Senator
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1 Fuschillo, legislative resolution
2 commemorating the 114th Birthday of the
3 Chatterton PTA, to be observed at its 2011
4 Founders Day Celebration.
5 ACTING PRESIDENT GRIFFO: The
6 question is on the resolution. All in favor
7 signify by saying aye.
8 (Response of "Aye.")
9 ACTING PRESIDENT GRIFFO:
10 Opposed?
11 (No response.)
12 ACTING PRESIDENT GRIFFO: The
13 resolution is adopted.
14 Senator Libous.
15 SENATOR LIBOUS: Mr. President,
16 thank you.
17 At this time I now hand up the
18 following committee assignments and ask that
19 such assignments be filed in the Journal.
20 ACTING PRESIDENT GRIFFO: So
21 ordered. The assignments will be so filed in
22 the Journal.
23 SENATOR LIBOUS: Thank you,
24 Mr. President.
25 At this time there will be an
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1 immediate meeting of the Finance Committee,
2 followed by an immediate meeting of the Rules
3 Committee in Room 332.
4 So at this time, Mr. President, I
5 ask that the Senate stand at ease.
6 ACTING PRESIDENT GRIFFO: There
7 will be an immediate meeting of the Senate
8 Finance Committee, followed by an immediate
9 meeting of the Senate Rules Committee in
10 Room 332.
11 And the Senate will stand at ease.
12 (Whereupon, the Senate stood at
13 ease at 3:56 p.m.)
14 (Whereupon, the Senate reconvened
15 at 4:36 p.m.)
16 ACTING PRESIDENT GRIFFO: The
17 Senate will come to order.
18 Senator Libous.
19 SENATOR LIBOUS: Thank you,
20 Mr. President.
21 May we please return to reports of
22 standing committees. I believe there is a
23 report of the Rules Committee at the desk, and
24 may we please have it read.
25 ACTING PRESIDENT GRIFFO: The
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1 Secretary will read.
2 THE SECRETARY: Senator Skelos,
3 from the Committee on Rules, reports the
4 following bills:
5 Senate Print 3143A, by Senator
6 Grisanti, an act to amend the Education Law;
7 And Senate Print 3501B, by Senator
8 Flanagan, an act to amend the Education Law.
9 Both bills ordered direct to third
10 reading.
11 SENATOR LIBOUS: Mr. President, I
12 move to accept the report of the Rules
13 Committee.
14 ACTING PRESIDENT GRIFFO: All in
15 favor of accepting the report of the Rules
16 Committee signify by saying aye.
17 (Response of "Aye.")
18 ACTING PRESIDENT GRIFFO:
19 Opposed, nay.
20 (No response.)
21 ACTING PRESIDENT GRIFFO: The
22 report is accepted.
23 Senator Libous.
24 SENATOR LIBOUS: Thank you,
25 Mr. President.
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1 At this time may we please have the
2 reading of the noncontroversial calendar.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 6, by Senator Dilan, Senate Print 1369, an act
7 to amend the Highway Law.
8 ACTING PRESIDENT GRIFFO: Read
9 the last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 ACTING PRESIDENT GRIFFO: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 60.
16 ACTING PRESIDENT GRIFFO: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 7, by Senator Diaz, Senate Print 331, an act
20 to amend the Elder Law.
21 ACTING PRESIDENT GRIFFO: Read
22 the last section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 ACTING PRESIDENT GRIFFO: Call
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1 the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 60.
4 ACTING PRESIDENT GRIFFO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 95, by Senator Lanza --
8 SENATOR BRESLIN: Lay it aside.
9 ACTING PRESIDENT GRIFFO: Lay it
10 aside.
11 Senator Libous, that completes the
12 reading of the noncontroversial calendar.
13 SENATOR LIBOUS: Thank you,
14 Mr. President.
15 Can we please take up the reading
16 of the noncontroversial supplemental calendar.
17 It will be Calendar Number 145, please, by
18 Senator Flanagan.
19 ACTING PRESIDENT GRIFFO: The
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 145, by Senator Flanagan, Senate Print 3501B,
23 an act to amend the Education Law.
24 ACTING PRESIDENT GRIFFO: Read
25 the last section.
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1 THE SECRETARY: Section 7. This
2 act shall take effect immediately.
3 ACTING PRESIDENT GRIFFO: Call
4 the roll.
5 (The Secretary called the roll.)
6 SENATOR BRESLIN: Lay it aside.
7 ACTING PRESIDENT GRIFFO: Lay it
8 aside.
9 Senator Libous.
10 SENATOR LIBOUS: Mr. President,
11 we're going to go back to the regular calendar
12 and we're going to read the controversial
13 calendar, please.
14 ACTING PRESIDENT GRIFFO: The
15 Secretary will ring the bell.
16 The Secretary will read the
17 controversial calendar.
18 THE SECRETARY: Calendar Number
19 95, by Senator Lanza, Senate Print 3090, an
20 act to amend the Real Property Tax Law.
21 SENATOR LIZ KRUEGER:
22 Explanation.
23 ACTING PRESIDENT GRIFFO:
24 Explanation requested by Senator Krueger.
25 Senator Lanza.
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1 SENATOR LANZA: This extends the
2 deadline for application for tax abatements
3 for the industrial and commercial construction
4 work in New York City.
5 ACTING PRESIDENT GRIFFO: Thank
6 you, Senator Lanza.
7 SENATOR LIZ KRUEGER: Thank you,
8 Mr. President. If the sponsor would please
9 yield.
10 ACTING PRESIDENT GRIFFO: Senator
11 Lanza, do you yield?
12 SENATOR LANZA: Of course.
13 ACTING PRESIDENT GRIFFO: Senator
14 Krueger.
15 SENATOR LIZ KRUEGER: Thank you.
16 What is the cost of this program,
17 the ICAP program?
18 SENATOR LANZA: Well, it depends
19 on your point of view. This is a tax
20 abatement that would assist in construction
21 that would arguably contribute to the tax base
22 of the City of New York.
23 SENATOR LIZ KRUEGER: If, through
24 you, the sponsor would continue to yield,
25 Mr. President.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Lanza, do you continue to yield?
3 SENATOR LANZA: Yes.
4 ACTING PRESIDENT GRIFFO: Senator
5 Krueger.
6 SENATOR LIZ KRUEGER: Thank you.
7 Well, when we passed in 2008, which
8 sunsetted the ICIP program and made it the
9 ICAP program and made some changes, there was
10 an estimated cost of $625 million. And now
11 this bill would extend time periods within
12 this program and make some other change.
13 So do you agree or disagree that it
14 would cost more or less than the original 2008
15 bill?
16 ACTING PRESIDENT GRIFFO: Again,
17 Senator, it would depend upon your point of
18 view. You and I have a difference of opinion
19 from that perspective.
20 I believe that the City of New York
21 would see a significant gain in tax revenue as
22 a result of the passage of this bill into law.
23 So from my perspective, there would not only
24 be no cost here, but there would be revenue
25 provided to the City of New York.
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1 SENATOR LIZ KRUEGER: Mr.
2 President, on the bill.
3 ACTING PRESIDENT GRIFFO: Senator
4 Krueger on the bill.
5 SENATOR LIZ KRUEGER: Thank you.
6 I want to thank the sponsor for his
7 explanation.
8 And I want to say that he's
9 correct, that there is sometimes a difference
10 of opinion about whether a bill that exempts
11 people from paying taxes is a cost or not a
12 cost.
13 For this record, this does not cost
14 the State of New York any money, this would
15 only be the giving up of collection of taxes
16 by the City of New York.
17 But in fact this program does have
18 a history of actually costing the City of
19 New York quite a bit. The last time there was
20 a serious look at this program was when we
21 were moving to sunset ICIP in 2008. And I
22 voted against creating a new program, but it
23 was created.
24 But at that time studies were done
25 that showed that the City of New York over the
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1 25-year term of the ICIP subsidy program lost
2 $1.1 billion in tax revenue, and it found that
3 the vast majority of the tax incentives had
4 gone to projects in the city that the city
5 itself determined would have happened anyway.
6 So again, the question of whether a
7 tax subsidy or a tax exemption creates new
8 activity with new revenues or doesn't is
9 really in the details of whether that program
10 has proven successful or not.
11 So in fact, based on the old
12 model -- which is different, ICIP versus
13 ICAP -- of the $3.4 billion awarded through
14 the ICIP program during the period of time
15 studied, 25 years, $2.8 billion of the
16 $3.4 billion was lost in revenue and I don't
17 believe was justified.
18 At the time I argued that this was
19 not a good economic development model and that
20 the City of New York, even though it's their
21 right to ask us to allow them to exempt some
22 people from paying taxes, that the City of
23 New York wasn't in a position to continue a
24 program that lost it taxpayer dollars that
25 then they didn't have for other programs.
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1 I think it's particularly relevant
2 to ask that same question today. We are
3 talking about cutting a large number of
4 programs out of the state budget. The City of
5 New York has submitted their proposed
6 executive budget. They're talking about
7 closing daycare centers, closing senior
8 centers, ending fundamental social services
9 programs. In fact, they're talking about
10 laying off teachers.
11 I would argue that at this moment
12 in time, even if the mayor of the City of
13 New York has said "Let me continue this
14 program," this isn't the right time for him to
15 ask us to expand and continue a program that
16 loses the city tax money when they are telling
17 us they don't have enough money to run crucial
18 fundamental programs. And in fact, they are
19 both saying they're laying off teachers,
20 closing senior centers, closing daycare
21 centers, but they are coming to us for
22 additional money because they don't have
23 enough tax revenue to pay for their programs.
24 I have to say it again. You have
25 to make decisions about what you cut, what you
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1 collect revenue on, and when you decide some
2 people don't have to pay their taxes. And at
3 this point in history, given the history and
4 the record of not-success of these programs
5 such as ICIP, this is the wrong time for the
6 State of New York actually give permission to
7 the City of New York to give up tax revenue,
8 forcing them into a situation where, yes, they
9 might have to close senior centers, daycare
10 centers, and lay off teachers.
11 I would urge that we not vote to
12 continue or expand upon this program today. I
13 would argue that everyone should vote no.
14 Thank you, Mr. President.
15 ACTING PRESIDENT GRIFFO: Senator
16 Lanza.
17 SENATOR LANZA: Thank you,
18 Mr. President. On the bill.
19 ACTING PRESIDENT GRIFFO: Senator
20 Lanza on the bill.
21 SENATOR LANZA: You know, I
22 listened to my good friend Senator Krueger,
23 and I think her discussion here really points
24 out the difference between our two
25 perspectives and our two philosophies.
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1 Let me point out that this would
2 not be a new tax incentive. This is a program
3 that is currently in effect.
4 The suggestion by my colleague's
5 discussion would mean that creating a new tax
6 would somehow become a cost to the state. We
7 could say that about any imagined new tax that
8 someone might offer to put into place.
9 This is a program that exists
10 today. We're saying rather than allow it to
11 sunset, we should continue it. So first, from
12 that perspective, there is no cost to the
13 state because there is no revenue being
14 collected right now.
15 If we let this sunset, there will
16 be a brand-new tax imposed on the people of
17 the City of New York. That's what would
18 happen. From my perspective, this is the
19 absolute wrong time to enact new taxes.
20 Over the last two years, we were
21 told that enacting -- and this is another
22 point where we differ -- we were told that
23 enacting $14 billion in new taxes would mean
24 that we would never see the day where we would
25 have to be threatened by teacher layoffs and
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1 civil service layoffs and service cuts across
2 the board. This day was not to come, we were
3 told, as long as we enacted all these new
4 taxes.
5 Well, a funny thing happened on the
6 way to the forum, which is that by enacting
7 those new taxes, both statewide and in the
8 city, a big chunk of our tax base left the
9 state.
10 So yes, we have a difference of
11 opinion here. I believe that this is the
12 wrong time to impose new taxes on the people
13 of this state, and that's why I support this
14 bill. I encourage everyone to vote in the
15 affirmative.
16 ACTING PRESIDENT GRIFFO: Is
17 there any other Senator wishing to be heard?
18 Seeing none, debate is closed and
19 the Secretary will ring the bell.
20 Read the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT GRIFFO: Call
24 the roll.
25 (The Secretary called the roll.)
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1 ACTING PRESIDENT GRIFFO: Senator
2 Parker.
3 SENATOR PARKER: Mr. President,
4 to explain my vote.
5 One, I want to thank Senator Lanza
6 for his leadership, particularly on these kind
7 of bread-and-butter issues. It's really
8 important and critical that we deal with this
9 crisis. We're not in a budget crisis, folks,
10 we're in a jobs crisis. We need to create
11 full-time jobs at a living wage with benefits,
12 and we need to do that by spurring our
13 economy.
14 But this is not the right way, and
15 so I'm voting no on the bill.
16 You know, Senator Lanza, you know,
17 we're entitled to our own opinions but not our
18 own facts. The last budget cuts did not lead
19 to anybody leaving the state. You know, we
20 may not have done everything that we needed to
21 to get all the funds in, but that's a
22 technical problem. It's not as simple as
23 people leaving the state, which we can't prove
24 scientifically or mathematically.
25 So I'm voting no because the City
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1 of New York ought to be looking at its
2 corporate welfare programs and drawing some of
3 that money back in and do the things that we
4 need to do to invest in things like education
5 and maintain the fair-share millionaire's tax
6 so that we can have the funds to have programs
7 for people who just need it in this economy.
8 People are looking for jobs and need housing
9 and need healthcare.
10 So I vote no on this bill.
11 ACTING PRESIDENT GRIFFO: Senator
12 Parker to be recorded in the negative.
13 Senator Montgomery.
14 SENATOR MONTGOMERY: Yes,
15 Mr. President, thank you. To explain my vote.
16 I'm also going to oppose the
17 extension of these tax abatements. There are
18 a number of buildings in my district. These
19 are wonderful buildings. They have, you know,
20 beautiful height, 40 and 50 stories and
21 whatever have you. One of them has -- the
22 co-investor in one of them is Magic Johnson.
23 Another one is Jay-Z.
24 And I don't think that Jay-Z nor
25 Magic Johnson nor any of the people who live
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1 in those buildings receiving tax abatements at
2 our expense are asking for more welfare. They
3 don't need it. So we can cut this off; they
4 will be fine.
5 We need that money for services.
6 We need money for affordable housing. For all
7 the people who came to talk to me today who
8 are in desperate need of housing, supportive
9 housing, affordable housing, those are the
10 people that we should be looking to help. Not
11 Jay-Z, not Magic Johnson, not all of those
12 millionaires who have recently moved into
13 those beautiful buildings, some of them in my
14 own district.
15 So I'm voting no on this bill.
16 ACTING PRESIDENT GRIFFO: Senator
17 Montgomery to be recorded in the negative.
18 Announce the results.
19 THE SECRETARY: Those recorded in
20 the negative on Calendar Number 95 are
21 Senators Hassell-Thompson, Huntley,
22 L. Krueger, Montgomery, Parker, Rivera and
23 Serrano. Also Senator Perkins.
24 Ayes, 52. Nays, 8.
25 ACTING PRESIDENT GRIFFO: The
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1 bill is passed.
2 THE SECRETARY: Senator Libous,
3 that completes the controversial reading of
4 the calendar.
5 SENATOR LIBOUS: Thank you,
6 Mr. President.
7 We are now going to go to the
8 controversial reading of the supplemental
9 calendar, Calendar Number 145, please.
10 ACTING PRESIDENT GRIFFO: The
11 Secretary will ring the bell.
12 The Secretary will read.
13 THE SECRETARY: Calendar Number
14 145, by Senator Flanagan, Senate Print 3501B,
15 an act to amend the Education Law.
16 ACTING PRESIDENT GRIFFO: Read
17 the last section.
18 Senator Oppenheimer, do you rise?
19 SENATOR OPPENHEIMER:
20 Explanation, please, Mr. President.
21 ACTING PRESIDENT GRIFFO: Senator
22 Oppenheimer asked for an explanation.
23 Senator Flanagan.
24 SENATOR FLANAGAN: Thank you,
25 Mr. President. Thank you, Senator
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1 Oppenheimer.
2 I will endeavor to be as succinct
3 as possible. I don't think this comes as a
4 surprise to anybody what bill that we have
5 before us and what the basic contents of it
6 are. I'm going to speak to it in some detail,
7 and I'm sure there are going to be other
8 people who have comments and thoughts on the
9 subject.
10 This has to do with education in
11 the City of New York, but frankly I think it
12 has to do with education in the entire State
13 of New York. Because one of the things that's
14 happened -- and I've heard this, and everybody
15 hears this: Well, if you're from the North
16 Country, you can't understand Long Island. If
17 you're from Long Island, you can't understand
18 New York City. If you're from New York City,
19 you can't understand other parts of the state.
20 I've never believed that. I don't
21 subscribe to that theory. So when we act on
22 legislation that affects various parts of the
23 state, I do so on this bill in my capacity of
24 chairing the Senate Education Committee.
25 That's why I introduced it.
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1 And some of this discussion came up
2 earlier this morning. I didn't think it would
3 be appropriate to have this entered as a Rules
4 bill. It's too serious a subject. It's too
5 important to students and children in the City
6 of New York, it's too important to teachers in
7 the City of New York, and it's too important
8 to the City of New York.
9 I think it needs a full airing,
10 fair debate, vigorous debate, healthy debate.
11 There will probably be a number of
12 disagreements along the way. But I don't
13 think we don't meet our obligation if we don't
14 start by discussing some of that, whether it
15 be in committee or on the floor.
16 Having said that, largely what this
17 bill does is what I consider to be a
18 relatively straightforward change in the law.
19 This subject has been commonly referred to as
20 LIFO -- last in, first out. You're the last
21 one hired, you're the first one out if there's
22 a citywide layoff.
23 We changed the bill, instituted a
24 number of standards and procedures. And we
25 basically say that the paradigm has changed.
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1 Now the basic standard is you cannot simply
2 use seniority as the sole criterion. You can
3 use it, it just can't be the sole criterion.
4 So for those people that say this is repealing
5 seniority as part of the determinations that
6 are made, that's inaccurate.
7 The first portion of the bill
8 speaks to language that I think is
9 extraordinarily important, because I've
10 listened to all the comments about what this
11 bill is and what it isn't. Section 3 of the
12 bill -- and this is probably the most
13 important language in the entire bill -- "the
14 city school district and its employees'
15 collective bargaining agents shall establish a
16 procedure governing the abolishment or
17 reduction of teaching or supervisory positions
18 citywide" pursuant to this article.
19 And it goes on to say that
20 seniority cannot be the sole criterion. And
21 it goes on to say beyond that that a person's
22 salary cannot be a factor in the determination
23 as to whether or not a layoff for that
24 individual is going to occur. And it goes on
25 beyond that to say that if you are going to
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1 consider seniority, that it can only be done
2 in a fashion that is the most positive to the
3 employee, not to the employer. If it's going
4 to be viewed, it's got to be done in a
5 positive way.
6 So there is seniority. There is
7 collective bargaining. There are guarantees
8 that someone will not be thrown out because of
9 salary. And it sets up a process so that
10 everything else that I tell you right after
11 this, if the city and the UFT sit down and
12 negotiate an agreement, that's it. All the
13 other provisions of this bill do not apply.
14 And it gives them time to do that.
15 And why are we doing this? I think
16 it's important to perhaps recognize some of
17 the issues. I've met a number of times with
18 the mayor's staff, spoken to the mayor, spoken
19 to the chancellor at some length. The City of
20 New York, like all of our school districts and
21 the State of New York, is facing a very
22 difficult budget scenario. Budget deficit,
23 budget crisis, however one may want to
24 describe it. Personally, I think it's a
25 budget crisis not only for the city but for
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1 the State of New York.
2 Budget crisis for the city because
3 they're talking about the potential loss of
4 6,000 teaching positions. Now, I've heard all
5 kinds of numbers, as has everybody else. I
6 look at this way. Six thousand positions,
7 1500 of those purportedly are going to go away
8 through attrition. Okay, I think I can
9 understand that; I think everyone else can
10 basically understand that.
11 That leaves about 4500 potential
12 layoffs pursuant to a scenario that has been
13 laid out by the mayor and the Department of
14 Education in the mayor's budget that
15 details -- by license area, by community, by
16 school district, by Assembly district, by
17 Senate district -- where exactly this is going
18 to happen.
19 If you put that on the table for
20 the moment, what the bill goes on to say is if
21 there is not an agreement reached between the
22 city and the UFT -- and I repeat, "if." It
23 says they shall negotiate. But if that
24 negotiation does not bear fruit, we establish
25 nine different categories of people who would
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1 be considered first for layoffs and then
2 establish another layer within that as well.
3 Those nine categories have to do
4 with a variety of different factors. And I'll
5 use loose descriptions but recite them and
6 then perhaps explain a few in some more
7 detail: An unsatisfactory rating, a 3020-a
8 proceeding, the teacher reserve pool, criminal
9 charges, lateness or absenteeism,
10 investigations, certification, value-added and
11 tenure extension.
12 Now, I've listened very carefully
13 not only in committee but to my colleagues
14 outside of committee, and have read as many
15 things probably as anyone in this chamber has
16 about some of these categories. There seems
17 to be a fair amount of agreement that if our
18 goal is to make sure that we have the best
19 teachers in the classroom that we have to
20 start to look at issues like this, given the
21 realities that we're facing from a budgetary
22 standpoint.
23 And I think this type of discussion
24 is a healthy one even if we were flush with
25 cash. Because a lot of people seem to have
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1 talked about this, but the can has not been
2 kicked down the road, or it hasn't moved in a
3 positive way down the road on issues like
4 this.
5 I understand -- I don't have to
6 agree, but I understand that there are those
7 who will say "I am philosophically opposed to
8 anything that would modify the seniority
9 system." People are going to be entitled to
10 their opinion, and I'm sure they will be
11 strongly held, and I'm not going to quibble
12 with that.
13 But if you look at these
14 categories, what the structure says is if you
15 can't come to an agreement between the city
16 and the UFT, then you go first to these nine
17 different categories. And then beyond that,
18 if you haven't reached the appropriate layoff
19 number, then you go to the State of New York.
20 You go to the State Department of Education
21 and the Regents, and they have a time frame
22 under which they are supposed to act. So you
23 have city/UFT; if that doesn't work, nine
24 categories; and the Regents.
25 If the Regents should fail to act,
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1 then it gets kicked back to the City of
2 New York through the Department of Education
3 and the chancellor, and that system will be
4 administered in conjunction with guidelines
5 proposed by the chancellor and administered by
6 principals at the school level.
7 Now, there are a number of other
8 protections in this bill. And again, I'm
9 going to probably -- if I sound repetitive,
10 it's for a reason. All of these become a moot
11 point if there is an agreement reached between
12 the UFT and the city. And for those -- and
13 I've read some of these memos myself -- this
14 does not get rid of collective bargaining. A
15 simple reading of this bill would underscore
16 that. It says mandatory, "shall bargain." It
17 fosters, it enhances, it promotes. It
18 mandates -- yes, bad word up here, but it
19 mandates collective bargaining.
20 Now, in some of these categories
21 there are people saying there's no due
22 process, these people are going to be unfairly
23 treated, that this is grossly unfair and it
24 should be a different system. The reality is
25 we're speaking and debating about the bill
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1 that is before us.
2 Number one category, unsatisfactory
3 rating. There are approximately 2700 people
4 in this category, and over the last five years
5 that number as a percentage basis, even with
6 changes and even with improvements, roughly
7 2.3 percent of all teachers in the City of
8 New York fall within this category. Meaning
9 over 97 percent fall outside. So while every
10 one of us would like to see every teacher not
11 get a rating like this, the reality is that
12 there are people who get this.
13 This process was collectively
14 bargained. So I don't buy the concept that
15 it's unfair. If people want to change it,
16 they can collectively bargain it away. But
17 it's not unfair. It was negotiated by the
18 city and the UFT.
19 And, ladies and gentlemen, I've
20 spent a lot of time reading this stuff; it's
21 exhaustive. You just don't get stamped with a
22 "U" rating. There's a whole procedure that
23 has to be adhered to by principals, by
24 schools, by superintendents, and by the
25 chancellor.
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1 There are 23 different criteria
2 that are part of that review that occurs over
3 the course of a year. So I don't think it's a
4 fair assessment to say that somehow we're just
5 going after a group like this and they're
6 disadvantaged or at an unfair disadvantage.
7 They've been through a process which includes,
8 by the way, a right of appeal.
9 And in this category we do
10 differentiate, saying that if you've had a "U"
11 rating in the last five years, here's how we
12 would make a qualitative difference. If
13 you've had more than one in the last five
14 years, you're getting considered first. If
15 you've had one that's of more recent vintage,
16 you're going to get considered second.
17 So if someone says to me, "Well, in
18 the last five years, Year One I got a "U"
19 rating, for the following four years I got a
20 better rating" -- bear in mind, that "U"
21 rating could have been initially been
22 appealed. And again, that was a process that
23 was collectively bargained for.
24 Number two, 3020-a proceedings.
25 These are people who have been found to have
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1 engaged in improper conduct and there's been a
2 determination made. Not an accusation, not a
3 charge, people who have gone through the
4 process. I think if you went to the average
5 person on the street and you say, "Well,
6 there's roughly 300 people in this
7 category" -- but we say 3020-a. That's the
8 process that you go through to see if someone
9 should be keeping their job, and if they're
10 found guilty one of the sanctions can include
11 removal. Nothing has happened to these folks
12 in terms of interim removal from their
13 positions.
14 The teacher reserve pool.
15 Fascinating to learn about the teacher reserve
16 pool, because I think of the average taxpayer
17 in terms of what they think and how they would
18 act on this.
19 Right now the category that would
20 fit in under this bill -- and by the way,
21 these numbers that I'm speaking to are numbers
22 that have been provided by the City of
23 New York. I can attest to their accuracy and
24 to the extent they've been given in good faith
25 by the city laying out who are in these
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1 various categories.
2 ATR. About 4,000 to 4,500 teachers
3 go through the process every year and get what
4 I would loosely describe as being excessed.
5 Around 3,000 to 3,500 of them tend to get
6 picked up within a relatively short period of
7 time. The people we're talking about here,
8 they've been in the pool longer than six
9 months.
10 And here's the nifty thing -- I
11 don't like this, and I didn't bargain for it,
12 but it's in there -- they can stay in that
13 pool, they don't have to do anything. They
14 don't even have to apply for a job. They
15 don't have to do anything. They can stay in
16 that pool, they don't even have to apply for a
17 job.
18 Now, in that group I told you, of
19 the general population it's roughly
20 2.3 percent of all teachers get an
21 unsatisfactory rating. Well, in this group
22 it's about 10 times higher. So there's about
23 30 percent of the people in this pool have
24 been rated unsatisfactory.
25 Criminal charges. Now, these are,
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1 again, determinations made by independent
2 people. This is not me, it's not you, it's
3 not the City Board of Education. And I'm not
4 going to go into detail, but trust me when I
5 tell you that if I read off the list of what
6 these criminal charges are, any one of us, no
7 matter where you live or what your political
8 pedigree, would have a hard time justifying to
9 our constituents and parents why these people
10 continue to hold employment in the public
11 school system where they're dealing directly
12 with children, because it's things like sexual
13 assault, burglary, forgery, all kinds of bad
14 things that the average person would say that
15 person should not be involved.
16 Lateness or absenteeism. Here's
17 another thing I learned. By the time you get
18 in this pool, somebody has been on you
19 incessantly. You don't get put in this
20 category -- and there's about 200 people; I
21 realize it's not a huge thing -- but you don't
22 get put in that pool unless you have been
23 notified, notified, notified again.
24 And if you have that kind of
25 problem, frankly I don't want you teaching in
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1 my school either. I don't think it's too much
2 to ask a teacher to get to class on time. If
3 there's a legitimate explanation, you don't
4 end up in this pool.
5 Certification -- let me go to
6 value-added. That's probably the most
7 significant one.
8 There is a lot of consternation
9 about how you make determinations on the
10 qualitative value of a teacher and to a degree
11 the quantitative value of their work. And
12 there are those who say we shouldn't be doing
13 this because the State Ed Department, through
14 the Regents, they're going to get that done.
15 Commissioner Steiner says, "We don't need
16 this, we're putting together the system, all
17 of this is going to be moot."
18 The language in this bill speaks to
19 a value-added model. Okay, what's a
20 value-added model? Well, one thing I can tell
21 you a value-added model is is something that
22 everybody in this house voted for and
23 supported unanimously in last year's Race to
24 the Top legislation. It's the same language.
25 So do I think the implementation of
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1 that is important? Absolutely. But for any
2 anyone who has concerns, not every member here
3 was here last year, but everybody who was here
4 last year voted for a bill that called for a
5 value-added assessment.
6 And then the last category is
7 tenure extension. I guess my general point is
8 I, like everybody in this room, I take this
9 work very seriously. I fundamentally believe
10 that there is nothing more important in
11 education than having a good teacher. I said
12 it this morning in the committee. Give me --
13 if the window's broken, the heat's not working
14 the right way, that is completely secondary to
15 having someone in the front of that classroom
16 who is a craftsman in their trade.
17 That's what I think we all want,
18 and this is an attempt to try and move that
19 issue in a positive direction in light of the
20 fact that there are serious fiscal constraints
21 facing all entities of government, including
22 the City of New York.
23 There are repetitious parts of this
24 legislation that keep speaking to salary
25 cannot be the only determination. You can't
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1 be let go because you happen to make a good
2 salary. And if your seniority is going to be
3 part of that determination, it can only be
4 viewed in a favorable light.
5 There is a bill in the Assembly,
6 Assemblyman Bing has introduced the bill. I
7 can't tell you -- and I'm sure all of you
8 probably know this just as well -- where it's
9 going to go in the Assembly. I daresay it's
10 going to have a little bit more of a challenge
11 than in our house here today.
12 But this is a very important step
13 forward not only for education in the City of
14 New York, but I think for education in the
15 State of New York.
16 And I heard it described this
17 morning, this was being described as a
18 political bill. Personally, as the sponsor of
19 the bill, I don't view it that way. I
20 listened to Senator Addabbo, Senator
21 Montgomery, Senator Oppenheimer, a number of
22 my colleagues. We've already made changes in
23 the bill based on concerns and comments raised
24 by a number of different parties, which
25 include the people that we work with on our
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1 side of the aisle.
2 So when people talked about
3 value-added, we tried to define that more
4 clearly. When people said it shouldn't just
5 be for any criminal charge, we made
6 clarifications in the law so it could be a lot
7 easier to ascertain, to find and identify.
8 I believe that this is a good bill,
9 and I would ask that everyone, respectfully,
10 support it.
11 ACTING PRESIDENT GRIFFO: Senator
12 Oppenheimer.
13 SENATOR OPPENHEIMER: I believe
14 that Senator Flanagan believes that this is a
15 good bill.
16 ACTING PRESIDENT GRIFFO: Senator
17 Oppenheimer, are you on the bill?
18 SENATOR OPPENHEIMER: Yes.
19 ACTING PRESIDENT GRIFFO: Senator
20 Oppenheimer on the bill.
21 SENATOR OPPENHEIMER: I just will
22 speak on the bill.
23 Though I did have some questions,
24 such as couldn't the City of New York and the
25 unions achieve their goals just as well
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1 without this bill. But let me just speak on
2 the bill, take two minutes to speak on the
3 bill.
4 Now, there are many people who
5 believe that LIFO is unfair and not based on
6 ability nor effectiveness of teaching.
7 However, seniority and experience are not the
8 culprit. And we had some humorous examples in
9 Education Committee today of would you rather
10 have a one-year surgeon operate on you or a
11 30-year surgeon, would you rather have a
12 one-year airplane pilot or a 30-year airline
13 pilot serve you.
14 So I do not think that seniority is
15 the culprit here. And our seniority rules
16 have a very long, century-old tradition. And
17 we did that because teachers should not be
18 fired merely because the principal at the
19 school does not like them, doesn't like their
20 color or their religion or whatever.
21 But we do need to develop further
22 evaluation criteria. And this bill is
23 appropriate to be on the table. Also, as I
24 mentioned earlier, I agree with many of the
25 nine categories in the bill. I disagree
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1 strongly with the first one. You know, the
2 thought of dismissing a teacher because
3 there's been one poor evaluation in five
4 years, and particularly if it was in the
5 beginning of the evaluation, where the teacher
6 got assistance to improve, that would seem to
7 be grossly unfair.
8 But I think the most important
9 thing here is process. And process is
10 important and dialogue is important and
11 partnership is important. For example, last
12 year we changed the teacher evaluation system
13 using value-added, with union consent. The
14 first time that they had gone along with that.
15 And we created four categories for
16 evaluation in a move to support teachers and
17 principals while removing the ineffective
18 ones. And how was that done? It was done
19 through negotiations with teachers, the
20 education community, the SED and Commissioner
21 Steiner.
22 And by the way, the commissioner
23 will be promulgating rules and regulations
24 around this evaluation, and those rules and
25 regs will come out, we feel, in early June.
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1 So it might be wise to wait until we see what
2 comes out of his study.
3 I think we should revisit and build
4 on last year's success, because there really
5 is a larger issue. And namely, what if budget
6 constraints require more than just the
7 dismissal of ineffective teachers? So we need
8 to develop fair criteria and negotiate with
9 the teachers, the supervisors, the SED, the
10 Regents, all parties that are a part of this
11 on our way to achieving reform.
12 We cannot wipe out our civil
13 service protections and rights. We are, as I
14 said earlier, not Wisconsin. I think in
15 New York State we don't want to destroy
16 collective bargaining. I think in our state
17 we should not legislate what we think
18 appropriately should be negotiated with all
19 the concerned parties.
20 So at this time I will be voting in
21 the negative, but I know we have many more
22 bills to go through before we reach the end.
23 Thank you.
24 ACTING PRESIDENT GRIFFO: Thank
25 you, Senator Oppenheimer.
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1 Is there any other Senator wishing
2 to be heard?
3 Hearing none, debate is closed and
4 the Secretary will ring the bell.
5 Read the last section.
6 THE SECRETARY: Section 7. This
7 act shall take effect immediately.
8 ACTING PRESIDENT GRIFFO: Call
9 the roll.
10 SENATOR BRESLIN: Slow roll call,
11 Mr. President.
12 ACTING PRESIDENT GRIFFO: Seeing
13 five Senators stand, I ask the Secretary to
14 call the roll slowly.
15 THE SECRETARY: Senator Adams.
16 SENATOR ADAMS: No.
17 THE SECRETARY: Senator Addabbo.
18 SENATOR ADDABBO: No.
19 THE SECRETARY: Senator Alesi.
20 SENATOR ALESI: Yes.
21 THE SECRETARY: Senator Avella.
22 SENATOR AVELLA: No.
23 THE SECRETARY: Senator Ball.
24 SENATOR BALL: Yes.
25 THE SECRETARY: Senator Bonacic.
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1 SENATOR BONACIC: Yes.
2 THE SECRETARY: Senator Breslin.
3 SENATOR BRESLIN: No.
4 THE SECRETARY: Senator Carlucci.
5 SENATOR CARLUCCI: No.
6 THE SECRETARY: Senator
7 DeFrancisco.
8 SENATOR DeFRANCISCO: Yes.
9 THE SECRETARY: Senator Diaz.
10 SENATOR DIAZ: No.
11 THE SECRETARY: Senator Dilan.
12 SENATOR DILAN: No.
13 THE SECRETARY: Senator Duane,
14 excused.
15 Senator Espaillat.
16 SENATOR ESPAILLAT: No.
17 THE SECRETARY: Senator Farley.
18 SENATOR FARLEY: Aye.
19 THE SECRETARY: Senator Flanagan.
20 SENATOR FLANAGAN: Yes.
21 THE SECRETARY: Senator
22 Fuschillo.
23 SENATOR FUSCHILLO: Yes.
24 THE SECRETARY: Senator Gallivan.
25 SENATOR GALLIVAN: Yes.
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1 THE SECRETARY: Senator Gianaris.
2 SENATOR GIANARIS: No.
3 THE SECRETARY: Senator Golden.
4 SENATOR GOLDEN: Yes.
5 THE SECRETARY: Senator Griffo.
6 SENATOR GRIFFO: Yes.
7 THE SECRETARY: Senator Grisanti.
8 SENATOR GRISANTI: Yes.
9 THE SECRETARY: Senator Hannon.
10 SENATOR HANNON: Yes.
11 THE SECRETARY: Senator
12 Hassell-Thompson.
13 SENATOR HASSELL-THOMPSON: No.
14 THE SECRETARY: Senator Huntley.
15 SENATOR HUNTLEY: No.
16 THE SECRETARY: Senator Johnson,
17 excused.
18 Senator Kennedy.
19 SENATOR KENNEDY: No.
20 THE SECRETARY: Senator Klein.
21 SENATOR KLEIN: Yes.
22 THE SECRETARY: Senator
23 L. Krueger.
24 SENATOR LIZ KRUEGER: No.
25 THE SECRETARY: Senator C.
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1 Kruger.
2 SENATOR CARL KRUGER: No.
3 THE SECRETARY: Senator Lanza.
4 ACTING PRESIDENT GRIFFO: Senator
5 Lanza, to explain his vote.
6 SENATOR LANZA: Thank you,
7 Mr. President.
8 You know, the fiscal crisis we find
9 ourselves in is not the fault of teachers, nor
10 is it the fault of police officers, nor is it
11 the fault of firefighters, nor is it the fault
12 of any of our good civil servants across this
13 state.
14 That being said, none of us should
15 stand by a system that protects bad teachers
16 or bad civil servants. To the extent that
17 LIFO has done that, we need to fix it.
18 It would be easy for all of us in
19 this current climate -- which I find to be
20 breathtaking. Once upon a time many of the
21 people that I watched from back home on Staten
22 Island who worked up here in Albany gave the
23 unions more than they ever asked for, and now
24 some of the same people complain that it was a
25 bad deal. We can't -- as we went too far in
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1 one direction, we should not go too far in the
2 other direction.
3 Let me now talk about where we are
4 today and why we're here. Initially, the
5 request was to get rid of LIFO, period, so
6 that the mayor or the chancellor could fire
7 and lay off whomever they wanted based on
8 whatever reason they decided.
9 We have a vastly different bill
10 that was described by the chairman of
11 Education here, my good friend Senator
12 Flanagan. We're here because of his efforts
13 and others in this room. And I want to
14 commend him for bringing us to this point.
15 This is not the end. I believe
16 that we should do precisely what the mayor is
17 asking for, which is to eliminate LIFO to the
18 extent that it protects bad teachers. I think
19 eight of those categories get us there. I
20 believe we should go no further.
21 Because once we end up with a
22 workforce, a group of teacher who it has been
23 decided are good teachers, then yes, seniority
24 matters. It does make a difference. A good
25 teacher who has been teaching for 10 years is
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1 probably better than the good teacher who has
2 been teaching for 10 minutes.
3 And so I believe that LIFO does
4 have a place in public service when it comes
5 to our teachers, but not inasmuch as it
6 protects bad teachers. So let's fix it. This
7 does it.
8 I do want to say and bring up
9 something that I brought up to highlight the
10 fact that seniority matters in the Education
11 Committee.
12 A piece of paper was put on my desk
13 last night at about 11 o'clock. It pointed
14 out all the projected layoffs in my district
15 in my schools if we did not fix LIFO. And
16 what it said was in all the schools where we
17 have seniority, there would be no layoffs.
18 And in all the schools where there was less
19 seniority, there would be layoffs. And that
20 was supposed to tell me that seniority was not
21 a good thing.
22 Well, let me tell you that
23 according to that list, all the schools in my
24 district which have the most seniority
25 according to the mayor's standards are the
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1 best schools in my district. Now, that's an
2 oversimplification of why those facts came out
3 that way on that paper. But seniority
4 matters.
5 So I'm going to vote yes to
6 continue this process down the line. And I've
7 looked into my crystal ball, and it tells me
8 that this is not going to be the bill that
9 becomes law. And we're going to have, we are
10 going to have a law that will make sure that
11 we no longer protect bad teachers -- which, as
12 Senator Flanagan aptly pointed out, represents
13 the very small minority of all the teachers.
14 And in talking to the many people
15 I've talked to over the month, you know who
16 most wants to do something about bad teachers?
17 Good teachers. Good teachers more than anyone
18 else -- perhaps even more than parents -- want
19 something done about it.
20 So we must do something. This bill
21 gets us almost there. We've got to continue
22 to work the process. And we all know how
23 Albany works. It is my belief that unless we
24 pass this bill today here in the Senate, we'll
25 never get to the promised land, so I vote aye.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Lanza to be recorded in the affirmative.
3 The Secretary will continue to call
4 the role slowly.
5 THE SECRETARY: Senator Larkin.
6 SENATOR LARKIN: Yes.
7 THE SECRETARY: Senator LaValle.
8 SENATOR LaVALLE: Yes.
9 THE SECRETARY: Senator Libous.
10 SENATOR LIBOUS: Aye.
11 THE SECRETARY: Senator Little.
12 SENATOR LITTLE: Yes.
13 THE SECRETARY: Senator
14 Marcellino.
15 SENATOR MARCELLINO: Yes.
16 THE SECRETARY: Senator Martins.
17 SENATOR MARTINS: Yes.
18 THE SECRETARY: Senator Maziarz.
19 SENATOR MAZIARZ: Yes.
20 THE SECRETARY: Senator McDonald.
21 SENATOR McDONALD: Yes.
22 THE SECRETARY: Senator
23 Montgomery.
24 SENATOR MONTGOMERY: No.
25 THE SECRETARY: Senator Nozzolio.
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1 SENATOR NOZZOLIO: Aye.
2 THE SECRETARY: Senator O'Mara.
3 SENATOR O'MARA: Aye.
4 THE SECRETARY: Senator
5 Oppenheimer.
6 SENATOR OPPENHEIMER: No.
7 THE SECRETARY: Senator Parker.
8 ACTING PRESIDENT GRIFFO: Senator
9 Parker, to explain his vote.
10 SENATOR PARKER: To explain my
11 vote, Mr. President.
12 I admire the sentiment behind this
13 bill and I want to congratulate Senator
14 Flanagan for being a leader on educational
15 issues and wanting to see this be done for our
16 kids.
17 But my rhetorical question is if
18 this was so good, how come we're not looking
19 at it for the entire state? If this was such
20 a good policy to do, then Senator Flanagan
21 should be proposing a bill that actually does
22 this in his district in Long Island and not
23 just in my district in Brooklyn.
24 But in addition to that -- because
25 I think that the kids in Long Island deserve
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1 as good an education as the kids in Brooklyn.
2 And I think, you know, from Brookhaven to
3 Buffalo, from Bath, New York, right, you know
4 to Harlem, we ought to make sure that all the
5 kids have an opportunity to have the best
6 teachers.
7 And I want to associate myself with
8 Senator Lanza's comments. That he's right,
9 the teachers do want the bad teachers out. I
10 think we ought to find a way to get there. I
11 don't think that this bill actually gets us
12 there, Mr. President, so I'm going to vote no.
13 Because I really think that we're in a place
14 now where the mayor has created a subjective
15 standard for getting rid of teachers and not
16 really something that we ought to be doing
17 vis-a-vis negotiation.
18 Last point. We actually addressed
19 this issue last year, ladies and gentlemen.
20 Right? We did this last year in Race to the
21 Top. So there is actually already existing a
22 process to get rid of bad teachers that the
23 union has agreed to. So why we're going back
24 and redoing something we've done again to me
25 is questionable. I'm going to vote no.
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1 But if there's other things that we
2 can come together and agree upon, I'd be happy
3 to vote yes on that the way I voted yes on
4 Race to the Top.
5 ACTING PRESIDENT GRIFFO: Senator
6 Parker to be recorded in the negative.
7 The Secretary will continue to call
8 the roll slowly.
9 THE SECRETARY: Senator Peralta.
10 SENATOR PERALTA: No.
11 THE SECRETARY: Senator Perkins.
12 SENATOR PERKINS: No.
13 THE SECRETARY: Senator
14 Ranzenhofer.
15 SENATOR RANZENHOFER: Yes.
16 THE SECRETARY: Senator Ritchie.
17 SENATOR RITCHIE: Yes.
18 THE SECRETARY: Senator Rivera.
19 SENATOR RIVERA: Nay.
20 THE SECRETARY: Senator Robach.
21 SENATOR ROBACH: Yes.
22 THE SECRETARY: Senator Saland.
23 SENATOR SALAND: Yes.
24 THE SECRETARY: Senator Sampson.
25 SENATOR SAMPSON: No.
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1 THE SECRETARY: Senator Savino.
2 SENATOR SAVINO: No.
3 THE SECRETARY: Senator Serrano.
4 SENATOR SERRANO: No.
5 THE SECRETARY: Senator Seward.
6 SENATOR SEWARD: Yes.
7 THE SECRETARY: Senator Skelos.
8 SENATOR SKELOS: Yes.
9 THE SECRETARY: Senator Smith.
10 SENATOR SMITH: No.
11 THE SECRETARY: Senator Squadron.
12 SENATOR SQUADRON: No.
13 THE SECRETARY: Senator Stavisky.
14 ACTING PRESIDENT GRIFFO: Senator
15 Stavisky, to explain her vote.
16 SENATOR STAVISKY: Very simple,
17 Mr. President. I am one of two teachers in
18 this chamber. I've had the observation
19 reports.
20 But I know how subjective this
21 grading system is. And I'm not sure that you
22 want to leave it to a principal to give a "U"
23 rating and determine who is going to be fired
24 and who is going to be retained.
25 I vote no.
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1 ACTING PRESIDENT GRIFFO: Senator
2 Stavisky to be recorded in the negative.
3 The Secretary will continue to call
4 the roll slowly.
5 THE SECRETARY: Senator
6 Stewart-Cousins.
7 SENATOR STEWART-COUSINS: No.
8 THE SECRETARY: Senator Valesky.
9 SENATOR VALESKY: Yes.
10 THE SECRETARY: Senator Young.
11 SENATOR YOUNG: Yes.
12 THE SECRETARY: Senator Zeldin.
13 SENATOR ZELDIN: Yes.
14 ACTING PRESIDENT GRIFFO:
15 Announce the results.
16 THE SECRETARY: Ayes, 33. Nays,
17 27.
18 ACTING PRESIDENT GRIFFO: The
19 bill is passed.
20 Senator Libous.
21 SENATOR LIBOUS: Mr. President,
22 could you lay aside the remainder of the
23 supplemental calendar for the day.
24 ACTING PRESIDENT GRIFFO: The
25 remainder of the supplemental calendar is laid
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1 aside for the day, which completes the
2 controversial reading of the supplemental
3 calendar, Senator Libous.
4 SENATOR LIBOUS: Mr. President,
5 is there any further business at the desk?
6 ACTING PRESIDENT GRIFFO: There
7 is no further business before the desk.
8 SENATOR LIBOUS: Thank you,
9 Mr. President.
10 There being no further business, I
11 move that the Senate adjourn until Wednesday,
12 March 2nd, at 3:00 p.m.
13 ACTING PRESIDENT GRIFFO: On
14 motion, the Senate stands adjourned until
15 Wednesday, March 2nd, at 3:00 p.m.
16 (Whereupon, at 5:32 p.m., the
17 Senate adjourned.)
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