Press Room

Public Advocate Jumaane D. Williams has submitted a public comment to the Department of Housing and Urban Development (HUD), strongly opposing the proposed rule which would remove HUD's existing gender identity protections around admission to homeless shelters that receive federal funding. This change would permit discrimination against transgender individuals in need of shelter.

The Public Advocate calls HUD's position "inherently transphobic" and argues that "If the proposed rule takes effect, it will result in a direct and indirect increase in the unsheltered homeless population. Directly, removal of anti-discrimination protections for trans persons will restore the shelter system's harassment and violence of the days before the Equal Access Rule, pushing trans persons to risk sleeping in the open rather than subject themselves to those conditions.'" He says that implementing the rule would increase homelessness, defy recent Supreme Court opinion, and that it is not evidence based.

Public Advocate Williams further notes that "Rooting the proposed rule in the transphobic language once deployed to oppose gender-neutral bathrooms fails to serve or advance HUD's mission of ensuring decent housing for all and a suitable living environment for all."

In the midst of a pandemic which has increased homelessness, the Public Advocate demonstrates that "Removing protections for equal access will retrench patterns of trans persons leaving their communities for places with more supportive practices, adding to already-strained networks and challenging provision of shelter services overall, or avoiding housing services entirely for fear of their personal safety."

The full comment can be downloaded  here.

Public Advocate Jumaane D. Williams released the following statement in observation of National Voter Registration Day as the deadline to register to vote in New York in time for the 2020 general election, October 9, approaches.

"It's possible that there has never been a more important time for people to stand up, to make their voices heard and their vote count, to do their part to make the government reflective of and responsive to the needs of themselves and their communities. On National Voter Registration Day, that obligation is a call to action.

"With just over two weeks left to register in New York State in time to vote in the November election, I want to urge New Yorkers to not only register themselves, but to share information and resources with their friends and family, each of us expanding our own civic footprint to strengthen our democracy.

"Attacks on voting rights, particularly against Black and Brown voters, are not only in our history but in our headlines as old tactics see new victories - and we must stand against these efforts individually and systemically. Our government has a responsibility to make both registration and voting as accessible as possible for all neighborhoods, to protect and expand the right, and each of us has a responsibility to exercise that right to shape our government with our votes."

The Public Advocate has partnered with the nonpartisan organization HeadCount to help engage and register voters through the 'United with Vote NYC' campaign. New Yorkers can start to register to vote at HeadCount.org/UWVNYC or by texting VOTER UWV to 40649.

More information on registration and voting resources are available here.

"I would like to wish a happy and sweet new year to all in the Jewish community who will begin celebrating Rosh Hashanah this evening - Shana Tova U'Metukah!

Rosh Hashanah is a time for reflection and renewal, as the sound of the shofar provides us with an opportunity and a reminder to practice Teshuva. After a year that has seen too much turmoil and suffering, this is a time to begin anew, and to reflect on and emulate the best we have seen in each other throughout this unprecedented time. By exemplifying that spirit, we may become our best selves and be sealed in the Book of Life.

"May the year 5781 be one of  prosperity and peace for our families, friends, and communities. While we may celebrate its beginning apart, I wish a gut gebentsht yohr, a good and blessed year, to all."

"The country has lost a brilliant mind, a fearless fighter, a diligent public servant who spent her life dedicated to protecting and advancing the rights of the vulnerable.

"Justice Ruth Bader Ginsburg's legacy as a jurist was incredible - inspiring, progressive and just. Her impact on the court was tremendous in scope and in value as we strive for an America that lives up to its promise. Her resilience seemed unmatchable as she worked to fulfill that promise.  Her passing in this time, in this moment of history, is an unfathomable loss which will reverberate with the volume of her legacy, her volumes of work, for many years to come.

"No matter who the next President nominates to the Court, Justice Ginsburg is, and always will be, irreplaceable."

First Deputy Public Advocate Nick E. Smith called for reforms to the NYPD disciplinary process in testimony at a public hearing by the Civilian Complaint Review Board on Thursday. The hearing was convened after the NYPD released a new disciplinary matrix to formalize response to officer misconduct.

He highlighted the recent movement for change and the city and nationwide protests, as well as the response by law enforcement. Citing instances of misconduct not explicitly enumerated, he argued that "We have seen several instances where the Police Commissioner has determined that NYPD officer's actions against protestors were not a violation of the NYPD guidelines. I recommend the Police Commissioner, in accordance with section 14-115 of the civil service code, in addition to determining whether a police officer has violated the rules, also determines whether the actions of said officer has, per the law, engaged in "conduct injurious to the public peace or welfare, or immoral conduct or conduct unbecoming [of] an officer." For example, using an NYPD car to run over protests may be immoral even if it did not violate the use of force guidelines."

The First Deputy Public Advocate's full testimony is below.

PUBLIC COMMENT OF FIRST DEPUTY PUBLIC ADVOCATE NICK E. SMITH TO THE NEW YORK CITY CIVILIAN COMPLAINT REVIEW BOARD'S SPECIAL PUBLIC MEETING ON NYPD DISCIPLINARY MATRIX

SEPTEMBER 17, 2020

Good afternoon. My name is Nick E. Smith, and I am the First Deputy Public Advocate, in the Office of Public Advocate for the City of New York. I'm pleased to present this testimony on behalf of our city's Public Advocate, Jumaane D. Williams.

I want to thank members of the Civilian Complaint Review Board for inviting New Yorkers to submit their thoughts on police accountability and this proposed matrix at a time when our communities have witnessed week after week the troubling and systemic problem of police misconduct in this nation. Our office is charged with acting as an ombudsperson for all residents of New York City, serving as a connective link between the City's residents and their government to ensure that services are provided in a timely manner and that their needs and problems are addressed. This includes how we hold the New York Police Department (NYPD) accountable in any instances of alleged police misconduct.

I want to applaud the steps taken by the Civilian Complaint Review Board to enlist the feedback from the public for their recommendations to NYPD, particularly under existing restraints. As a government agency charged with investigating, mediating, and prosecuting complaints of misconduct on the part of NYPD, the CCRB must continue to incorporate the feedback, comments, and concerns of all complainants and targets of police violence alike.

All across our country, calls for a more just and equitable policing are being highlighted for the Nation. I appreciate that New York City's Mayor and Police Commissioner too are listening to our community members to develop a penalty guideline for instances of police misconduct and brutality. However, it was the Council that pushed this forward, by a bill sponsored by Council Member Richards, and we thank him. While advocates have called for these changes for as long as I can remember, it could not be more important to build trust and safety for all our communities in this moment. Ensuring better policing and safe streets at the same time is an attainable goal.

These past few months have been very hard for all New Yorkers experiencing the pandemic. Sadly, communities of more color have had to simultaneously deal with a disproportionate impact of COVID-19 and visibly excessive policing in enforcement of new orders around the virus. Even as officers themselves ignore them. Enforcement of wearing masks is a good example. We have also seen very questionable use of force during protests for Black Lives over the last several months. For these reasons, in my office's review of would like to propose the following:

First, although the New York Administrative Code gives the police commissioner discretion in determining whether or not a police officer has violated the "rules" established in the NYPD patrol guide, we have seen several instances where the Police Commissioner has determined that NYPD officer's actions against protestors were not a violation of the NYPD guidelines. I recommend the Police Commissioner, in accordance with section 14-115 of the civil service code, in addition to determining whether a police officer has violated the rules, also determines whether the actions of said officer has, per the law, engaged in "conduct injurious to the public peace or welfare, or immoral conduct or conduct unbecoming [of] an officer." For example, using an NYPD car to run over protests may be immoral even if it did not violate the use of force guidelines. Similarly, an officer seen pummeling a homeless man on the subway station would constitute an immoral act yet, according to Commissioner Shea, would likely only result in more training. This is particularly important because we know that not all police conduct these few months have been advantageous to the welfare of the public, or even becoming of an officer, but were ruled to have not violated police guidelines, particularly the use-of-force guidelines. The rules established in the police patrol guide will mean very little if the rules allow for immoral or injurious conduct with no penalties.

Additionally, as the recent NYCLU database has shown us, accusations of police misconduct occur throughout all ranks within the police department. I must therefore recommend that regardless of rank, all officers within the probationary period, depending on their mode of misconduct, such as criminal mischief or criminal activity, be susceptible to termination should the occasion call for it. It is not enough that, for example, a sergeant who engages in certain domestic violence incidents would, during their probationary period, only be demoted. I want to also note that the database also indicates that officers who were found to have violated minor guidelines, such as dress codes and timeliness, received far harsher punishments than those with severe violations, which speaks to the importance of this matrix but also how we do not take all matters seriously.

Finally, I would be remiss should I not acknowledge that all of the written aggravating factors must always include "vulnerable populations," who often fall victim to police misconduct in a unique way correlated with their identities. The NYPD disciplinary guidelines must be specific in ensuring the aggravating factors including misconduct against our aging, disabled and LGBTQIA+ and TGNC communities, and those who live within these intersections, are intentionally outlined in the disciplinary matrix. A consistent finding in the Floyd Monitor reports includes the astounding fact that the NYPD has consistently substantiated zero instances of biased policing on the basis of race. These lacking substantiated claims are not only indicative of a refusal to come to terms with racial biased policing but highlight the fact that New Yorkers living at the intersections of different identities may experience biased policing that is not stated in this matrix. I recommend explicitly naming instances of these biases including but not limited to misgendering and deadnaming of our transgender New Yorkers and failing to provide necessary accommodations in police's interactions with our aging and disability communities.

Addressing accountability and transparency in a real way, not only helps better serve the community, it also helps the people who come to work every day with every intent to serve with Courtesy, Professionalism and Respect. These people are willing to risk their lives on a moment's notice. We also owe it to them to put forth the best policing model we can. One that truly engenders trust and respect from the communities they've taken oaths to protect

I again want to thank the CCRB for conducting this public comment period. I hope that moving forward, there will also be a continued effort to publish when police officers have been disciplined in accordance with this disciplinary guideline, so there are checks and balances in not just holding the NYPD accountable, but ensuring that the forthcoming adopted disciplinary matrix will be enforced and strengthened by all New Yorkers.

Public Advocate Jumaane D. Williams and Council Member Mark Treyger, Education Chair, released the following joint statement after the Mayor announced another delay in school re-opening, just four days before the previous revised re-opening date of September 21 and after over 50 schools citywide have reported COVID-19 cases among staff.

The Public Advocate, who has previously released a school reopening plan, will join a march and press conference to further respond to this announcement and call for a safe schools plan this afternoon. Details are available here.

"It's obvious that in-person schooling needed to be delayed - it has been, as we have said, for months - and it's just as obvious that the Mayor's so-called strategy of bringing us to the brink over and over is misguided and detrimental. The insistence on reopening as soon as possible, at any cost, is a strategy doomed to keep students and parents, teachers and administrators on the line only to pull a bait and switch again and again. The city needs time to increase staff, yes- but without also increasing safety measures, we will only see cases rise and time and lives lost. 

"COVID-19 and disastrous state level budget cuts have put our education system in crisis, and the Mayor's lack of a clear vision and a clear plan are only deepening that crisis. There are ways to address childcare concerns, ways to better serve students most in need, but ignoring these methods in favor of a broad reopening by an ever-shifting date has only created more chaos, including for parents whose own plans rely on a City that doesn't have one. 

"The City needs to utilize this extra time, as they should have all along, to order and review the supply of technology devices available for students and staff. Remote learning will always be part of this school year, and all students should have access to quality technology, regardless of their zip code.

"The Mayor argues that the plan changes only as the reality does, but fails to accept the self-evident reality that the safest, smartest choice has always been to open the school year remotely before phasing in in-person learning as safety standards - not a schedule - warrant."