Saturday, April 30, 2022

On Rikers Island Crisis Labor Rules Cited As Cause So New Plan Due By May 17, May 24 Review

 

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, April 26 –   Amid the crisis at New York City's Rikers Island, now the NYC Commission of Corrections has been summoned to a April 26 court conference, albeit by video.   

  On April 21, U.S. District Court for the Southern District of New York Chief Judge Laura Taylor Swain ordered:   

"The Court has received and carefully reviewed the April 19, 2022, letter from the Office of the United States Attorney for the Southern District of New York (docket entry no. 444) and the April 20, 2022, status report from the Monitoring Team. (Docket entry no. 445.) In light of the gravity and urgency of the security situation as outlined in the submissions, and the consequent need for clarity as to planned changes and the implementation thereof, the Court hereby directs the Commissioner of the New York City Department of Correction to attend the April 26, 2022, status conference in this action... "

On April 26 the conference took place between 2 pm and 4:15 pm. Inner City Press live tweeted it here:

SDNY Chief Judge Swain: This hearing is to give the parties a change to address the conditions.

NYC Commissioner Louis Molina is here, as ordered.

 Judge Swain: In response to the ongoing crisis at Rikers Island, we had two emergency meetings in 2021. Now this.

 Judge Swain: The Monitoring Team cites what it calls patently unsafe conditions in the jail. They say with each leadership change, the Department starts at zero. We are six years into the effort to make Rikers safe.

Judge Swain: Every single day people are in danger - people who are detained, and people who are employed. Let's hear from the monitor.

Monitor: My name in Steve Martin. On March 16 we filed a report on a troubling and patently unsafe jail. Monitor Martin: The only way for the City to maintain management of the jail is to immediately implement the Monitoring Team's recommendations. There are 5000 detainees and 7000 staff. Action is required.

 Deputy Monitor: We recommend cutting the red tape, the morass of convoluted bureaucracy. The City must take action to support the agency.  Commissioner Molina: Let me tell you about myself. I aim to create an atmosphere of discipline.

 Commisisoner Molina: The previous Administration was unwilling to use its authority. With the support of Mayor Adams, we have shifted five of eight facilities to eight hour shifts.

Judge Swain: So you are allowing in, with non profits, people who were previously in prison? Commissioner Molina: Yes. As mentors and navigators.

Plaintiffs' / prisoners' lawyer: In 2022 what has transpired constrains optimism. It's too little too late.

Plaintiff's / prisoners' lawyer: A receivership option is the table. We need to break the stalemate.

 A problem is diagnosed: the most senior Dept of Corrections staff are able to circumvent assignment to housing areas. Labor rules are blamed. "There are 100s of staff on extended sick leave who can't be assigned to housing area. What is the City going to do?"

 Judge Swain: This plan you keep referring to, I'd like to have it some days before the next conference.

Judge Swain: So the plan is due by May 17 at 3 pm, you then meet and confer and we'll have the next conference on May 24 from 2:30 to 4 pm. We are adjourned

The case is Nunez v. N.Y.C. Department of Correction, et al., 11-cv-05845 (Swain) 

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