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POLITICO New York Playbook, presented by United Federation of Teachers: NYPD's new use of force rules -- Brooklyn school rezoning debate -- CUOMO's momentary reform

10/01/2015 07:16AM EDT

By Azi Paybarah in Manhattan, Jimmy Vielkind in Albany, and Mike Allen in D.C., with Daniel Lippman

BIG POLICING REFORM -- "New York Police Will Document Virtually All Instances of Force," by Times' Al Baker and J. David Goodman: "For the first time in its modern history ... [e]very police officer will have to detail virtually every instance when force is used not only in an arrest but also in other encounters with the public, including the sort of brief, violent detention and release that occurs routinely on the street ... The new rules for the New York Police Department are to be announced on Thursday by Commissioner William J. Bratton after more than a year of consideration by top police officials. They coincide with a rollout of 900 new Taser stun guns to patrol officers, until now carried only by some supervisors and by officers from the elite Emergency Service Unit."

LAWMAKER: ELIMINATE BAIL -- WSJ's Erica Orden: "With New York's bail system facing criticism that it unfairly leaves poor people incarcerated for long periods over minor offenses, a Democratic state lawmaker plans to propose legislation that would eliminate bail entirely. Instead of being required to pay bail, defendants under the system envisioned by state Sen. Michael Gianaris, of Queens, would face three alternatives.

-- Alternatives: "For the most serious offenses, including first-degree murder, a judge would have the authority to remand a defendant to jail. For misdemeanors, violations and other nonfelony infractions, a defendant would be released on his or her own recognizance. And for other cases, a judge could order a supervised release.

-- Gianaris: "Too often bail is used as a means to incarcerate someone before they're even tried and convicted, and what we've seen is on very minor offenses, people spend more time in jail waiting for their trial than the offense would justify."

CUOMO SHUNS LLC MONEY, BRIEFLY - POLITICO New York's Bill Mahoney: For a few fleeting moments on Wednesday, it seemed as though Gov. Andrew Cuomo had decided to stop taking campaign contributions from limited liability companies - entities that have used a "loophole" in state law to contribute millions to candidates, especially the governor himself. It turns out, however, that it was all an innocent misunderstanding, the result of a technical glitch. "This was boilerplate language that was automatically generated during a systems upgrade with our vendor," said Cuomo campaign spokesman Austin Shafran. "There has been no change in the campaign's fundraising policy."

CUOMO'S NEW ROLE -- "Gov. Cuomo named godfather of Billy Joel's baby girl," by Emily Smith: "Billy Joel and his wife, Alexis Joel, along with daughter Alexa Ray, dined with Gov. Andrew Cuomo and around 20 guests, including famed agent Dennis Arfa, at Kyma in Roslyn, NY, on Tuesday night, to celebrate the christening of Joel and Alexis' newborn daughter, Della Rose. A spy said Cuomo - a close friend of the Piano Man and the godfather of the baby ... stood up and made a short speech while onlookers snapped photos. The group noshed on Greek specialties such as tomato salad, pikilia, fried calamari and langoustines."

NOTHING TO SEE HERE: While in Syracuse Wednesday, Cuomo said he was happy with the way contracts on economic developments around the state have been executed, despite news reports that U.S. Attorney Preet Bharara's office has issued a flurry of subpoenas. The governor, once again, brushed off questions about subpoenas served on SUNY Polytechnic Institute, which is building a solar panel factory in Buffalo as part of the governor's Buffalo Billion initiative. While Bharara is looking into how the construction contracts were awarded in Buffalo, Senate Majority Leader John Flanagan said it was within the "purview of the executive" to weigh whether a change on how contracts are awarded is needed. Flanagan agreed that the "mood is different" given Bharara's interest in Albany, but said lawmakers have nothing to worry about if they didn't do anything improper.

-- Flanagan, speaking at a panel in Manhattan sponsored by Crains' New York, said the Legislature should be consulted in any increase in the minimum wage, rather than have it unilaterally dictated by the governor.

-- "The state's top Republican and the city's progressive mayor are heading toward another round of head-butting, ideological warfare and political brinkmanship," wrote Crain's Andrew Hawkins. "From mayoral control of schools to property taxes to the Metropolitan Transportation Authority, Senate Majority Leader John Flanagan and Mayor Bill de Blasio appear to be on a crash course." j

-- Before the Republican-led Legislature votes to extend Democratic Mayor Bill de Blasio's control of New York City schools this year, Flanagan wants him to answer some questions - in public.

-- Someone with "a real hardcore business background" should be nominated to one of two seats opening up on the state's Court of Appeals.

DATA -- 313 projects: A regional guide to requests for ESD money, by Will Brunelle:

** A message from United Federation of Teachers: Back to school means back to achieving incredible things. We're celebrating teachers who are doing extraordinary things in public schools across New York City, like the science teacher who turned her 6th-grade classroom into a rainforest and the music teacher who taught his special-needs students to play music on iPads. You can read their stories and submit your own HERE. **

TABS -- Post: "BRIDGE AND GOONS: Mandatory $5,000 gift at Gotti wedding" -- News: "PUTIN STRIKES: Russian jets drop bombs on Syria; Blitz anti-Assad rebels, not ISIS; American blindsided by attacks" -- amNY: "RATING THE RAILS: What straphangers say about the subways on Yelp" -- Metro: "A different BEAT: Sounding off: Meet Fresh 2 Life, two drummers who take about respect and banners on New York City subways." -- Newsday: "15 YEARS FOR 100,00 PAIN PILLS" -- El Diario [translated]: Healthcare for undocumented immigrants

FRONT PAGES -- NYT, 1-col. below the fold: "New York Police To Strictly Track The Use of Force" -- WSJNY, 4-col. above the fold: "Schools Face Tough Subject"

QUOTE OF THE DAY: "I'm more interested in being the education mayor, the affordable housing mayor, than the pothole mayor." -- Mayor Bill de Blasio to the Daily News:

BONUS QUOTE OF THE DAY: "The bail system has been bastardized to become a means of imprisoning people without due process." -- State Senator Michael Gianaris of Queens, who is proposing alternatives, via WSJ:

CITY COUNCIL MOVES -- Jason Otaño, deputy general counsel for the City Council will take a temporary leave of absence from the council for active duty, Speaker Melissa Mark-Viverito announced during the stated meeting on Wednesday. Otaño, a U.S. Army judge advocate general reservist will leave at the end of this week and be stationed in Georgia and Virginia.

#PATAKIWATCH: Pataki is positioning himself as the only GOP candidate who believes in climate change.

CAPITOL MOVES: Colleen Crawford Gardner will be executive deputy comptroller and Melanie Whinnery will serve as deputy comptroller of the New York State and Local Retirement System, Comptroller Tom DiNapoli announced Wednesday.

HAPPY BIRTHDAY: Rep. Grace Meng ... Albany County Sheriff Craig Apple.

POWER PLAYERS -- Darcel Clark, whom the Bronx Democratic Party nominated in a controversial process that included nominating the current district attorney to a judgeship at the last minute, spoke to the Benjamin Franklin Democratic club last night. Riverdale Press' Shan't Shahrigian: "Clark did not share any specific plans regarding the borough's low conviction rate and delays in trials, problems on Rikers Island and other thorny issues. She also said she was not responsible for the way she was nominated." HEAR CLARK SPEAK:

GOTTI WEDDING -- "John Gotti's grandson had a wedding straight out of 'The Godfather,'" by Post's Ian Mohr and Mara Siegler: "The lavish wedding of John Gotti's grandson would have made the Dapper Don proud - guests were shaken down for minimum gifts of $5,000 and gangsters had to stagger their appearances to avoid unlawful contact with fellow criminals ... In a scene straight out of 'The Godfather,' well-wishers arriving at John Agnello's wedding last weekend deposited their envelopes in an 'elegant birdcage' by the door, sources said. With about 500 people attending the event at the swanky Oheka Castle on Long Island, the former 'Growing Up Gotti' star and bride Alina Sanchez raked in $2.5 million. That haul puts to shame the $350,000 that Agnello's uncle, mob scion John 'Junior' Gotti, pocketed at his lavish, $1,000-a-plate wedding reception at the Helmsley Palace in 1990. ... Agnello and Sanchez's round-the-clock wedding began at 5 p.m. Friday and lasted until 1 p.m. Saturday, and included a multi-course meal at midnight and breakfast at 7 a.m."

NY POST COVER: "BRIDGE AND GOONS: Mandatory $5,000 gift at Gotti wedding"

STATE GOP ASSAILS DE BLASIO -- GOP chair slams de Blasio's plans for Iowa presidential forum -- POLITICO New York's Laura Nahmias: "It would appear Mayor de Blasio is bored with his job already," state GOP chair Ed Cox said in an emailed statement, a day after both the Wall Street Journal and POLITICO reported de Blasio was planning to hold the bipartisan forum for the 2016 presidential candidates in Iowa.

-- "While he tends to his presidential ambitions, quality of life in the city is declining, crime is increasing and the public school system is an embarrassment. Why are we not surprised that he would rather do a public forum in Iowa than New York City?" Cox said. Some civic groups have criticized de Blasio for not holding the types of town hall meetings favored by former mayors Rudy Giuliani and Michael Bloomberg, where constituents could speak with the mayor. And a Quinnipiac poll released in August showed 53 percent of New Yorkers believe de Blasio's "involvement in national issues is distracting him from his duties as mayor." De Blasio first announced plans to hold a presidential forum when he officially launched his Progressive Agenda - an effort to press his policy priorities, like a minimum wage increase and the expansion of paid leave, at the national level - in Washington, D.C., in May.

CITY COUNCIL VS NUCLEAR POWER -- councilmembers go to court over Indian Point safety -- AP's Jonathan Lemire: "The Indian Point nuclear power plant, nestled on the banks of the Hudson River just 35 miles north of Manhattan, poses a 'a danger to millions of New Yorkers,' according to a New York City councilman who joined 18 colleagues to take legal action in hopes of changing safety regulations at the controversial facility.

-- "Daniel Garodnick and the other council members filed an amicus brief this week in support of Assemblyman Richard Brodsky's appeal to the United States Court of Appeals for the Second Circuit, joining a growing chorus of New York elected officials - including Governor Andrew Cuomo - calling for the plant to institute sweeping safety changes or close outright. 'Indian Point is closer to New York than any other nuclear facility is to any other major U.S. city,' said Garodnick, who represents portions of Manhattan. 'Any sort of accident or terrorist attack there would be a danger to millions of New Yorkers.' Federal officials have steadfastly insisted that Indian Point is safe."

LEGIONNAIRE'S DEATH -- 13 people have contracted the disease -- POLITICO New York's Josefa Velasquez: One person has died from Legionnaires' disease amid a new outbreak cluster in the East Bronx, the New York City Health Department said Wednesday.

-- In all, 13 people have contracted the disease in the Morris Park section of the Bronx, a release from the Health Department said. Of those, 11 have been hospitalized and one has been discharged. All patients, according to the release, have underlying health conditions. A spokeswoman for the health department said the person who died was between the ages of 40 and 49 with "severe underlying conditions." Additional information was not released in order to protect the person's privacy, she said. The health department did not immediately release details about the person who died.

-- AP's Jonathan Lemire: "Officials tried to preach perspective about the new cluster, noting that all the current patients - including one who has already been released from the hospital - had underlying health concerns. Moreover, officials said that because all displayed symptoms before Sept. 21, which predates the normal seven-day incubation period, there is hope the cluster is already subsiding."

K2 OFF THE STREETS -- POLITICO New York's Gloria Pazmino: The City Council unanimously approved three bills Wednesday that would make it easier to punish business owners who sell synthetic marijuana, commonly known as K2, Scooby Snacks or Spice. "Current laws are just not able to take into account the ever-changing chemical composition of this drug," said Councilman Dan Garodnick, one of the sponsors. "As a result, we find bodegas, corner shops and other small stores selling the drug under various nicknames. Loopholes in state legislation will be closed now that the city can go after businesses that sell K2 or any synthetic drug made to mimic K2."

-- Not targeting users: In recent months, use of the drug has skyrocketed, particularly in East Harlem and parts of the Bronx. More than 4,500 people have been taken to emergency rooms after experiencing life threatening effects from the drug, which is often sold cheaply in bodegas and is widely used among the homeless. Speaking to reporters at City Hall, Mark-Viverito said the legislation will specifically target business owners in an attempt to take K2 off the streets, but will not criminalize users. "These bills will deal with the stores that distribute and sell K2, and not being used to stigmatize the vulnerable populations that are statistically likely to try the drug," she said.

BROOKLYN SCHOOL DRAMA-Department of Education is the central target in contentious rezoning arrangement, by POLITICO New York's Eliza Shapiro: "The Department of Education emerged as the central target of a tense hearing on Wednesday night on an increasingly contentious topic: the rezoning of two Brooklyn schools. The D.O.E.'s proposal of a new zone intended to ease overcrowding at popular, mostly white P.S. 8 in Brooklyn Heights and send more students to the mostly black, under-enrolled P.S. 307 in DUMBO has sparked a debate about race, real estate and school equity in the rapidly developing region of downtown Brooklyn."

STORM WATCH -- " Hurricane Joaquin Is Heading for the East Coast - and Maybe New York," by NYMag's Jaime Fuller: "The hurricane now rates as Category 1, and it may get even stronger by the end of the week, when meteorologists are forecasting it might hit the East Coast, bringing potentially massive amounts of rain and wind, as well as flood warnings. As of Wednesday evening, the National Hurricane Center thinks that Joaquin could become a scary Category 3 hurricane by Saturday - although it would most likely weaken before reaching land. New York City could get up to a foot of rain."

--"City Starts Preparing for Possible Impacts of Hurricane Joaquin," by DNAinfo's

Katie Honan: "Along the Rockaway peninsula, which was hit especially hard by Hurricane Sandy in 2012, the Parks Department is installing 'flood logs' - aluminum panels that fit in the openings of baffle walls from Beach 127th to Beach 149th streets. They are also filling in sand dunes at Beach 44th, 86th, 97th and 106th streets, which had been cut this summer to create access to the beach."

THE PARTY'S OVER -- Times editorial, "Too Many Parties on the Ballot in New York": "[It] might seem harmless, but in the strange, convoluted netherworld of New York politics, a lot of the minor parties are useless and mysterious. They clog the ballot, warp the debate and confuse the voters. ... New York lawmakers should work to make the ballot less of a muddle. One way to make matters simpler for voters would be to require a politician to pick one party - and one party line. If every party had a different candidate, the extraneous parties would have to pick good candidates, or simply disappear."

THE NEW GILDED AGE -- "Manhattan Apartment Prices Near Million-Dollar Mark, Reports Say," by Times' Michelle Higgins: "A combination of high demand and too few listings pushed the median sales price for a Manhattan apartment to just shy of a million dollars in the third quarter of the year, setting a record high ... The median sales price, which reflects the middle of the market and is less affected by high-end sales, was $999,000 ...In the third quarter ... there were 5,654 available listings, approximately 20 percent below the 10-year average of 7,047 available listings. ... The amount of time that listings spent on the market fell 20 percent to a record low of 73 days in the third quarter."

EAT BEAT -- "Chick-fil-A Brings Its Sandwich, and Its Values, to New York," by Times' Stephanie Strom: "Will New Yorkers 'eat mor chikin'? ... Chick-fil-A, the fast-food juggernaut whose famous ads feature black-and-white cows bearing misspelled signs urging greater consumption of poultry, hopes so. The company, privately held and built on a simple breaded chicken breast served on a soft, buttered bun lined with pickle slices, is opening its first full-service store in New York, one of the toughest and most unforgiving restaurant markets in the country."

--"The Search for America's Best Food Cities: New York," by WashPost's Tom Sietsema: "[I] spent 11 days there recently, logging time at nearly 50 restaurants, bars, shops and markets ... Libraries of books have been written about what makes Manhattan tick; my mission was to focus on how it stacks up, foodwise, against other destinations. Such a task in a city with more than 45,000 restaurants is, to put it mildly, daunting ... So I ate, drank and shopped - high and low; inside luxe dining rooms and outside on dirty streets; in Manhattan and in two other boroughs - to try to make sense of what many consider the greatest show on Earth."

--"New York Michelin Stars Announced for 2016: Winners and Losers," by Bloomberg's Tejal Rao: "This year 76 restaurants received stars, and 10 newcomers were added to the one-star list including Tempura Matsui (with its recently launched $200 tempura omakase that includes fried shrimp heads), Sushi Yasuda, Cagen, and Hirohisa. The excellent, vegetable-forward tasting menu at Semilla, which opened at the end of last year in Brooklyn, was recognized with a star. In Manhattan, new winners include Somtum Der (formerly a Bib Gourmand restaurant), the fantastic Thai restaurant Uncle Boons, modern French bistro Rebelle, and Gabriel Kreuther's eponymous and luxurious fine dining restaurant."

-- "New Hookah Lounge With Belly Dancer Opens on the Upper East Side," by DNAinfo's Shaye Weaver: "Amoun, at 406 E. 73rd St., prides itself on serving authentic Mediterranean cuisine, but also opens into a hookah bar in the back. A belly dancer is set to perform every Saturday ... The menu ... so far includes dishes like lamb kebab ($23), seafood paella ($32) and ... Fattoush Salad, made with cucumber, radish, green pepper, onion and mint with lemon and olive oil dressing."

PAGE SIX -- "Netanyahu refused to be in same restaurant as Pakistani leader," by Emily Smith: "Israel avoided a potentially uncomfortable New York confrontation with Pakistan during UN General Assembly week by canceling a dinner reservation for Prime Minister Benjamin Netanyahu after learning Pakistan's Prime Minister Nawaz Sharif would be eating at the same spot. The billionaire Pakistani leader ate at Serafina Always on Tuesday night. Netanyahu's team had booked tables there, too, 'but decided not to proceed after learning the Pakistani pol would be there,' a source told us, adding the decision to cancel was made 'for security reasons.'"

MEDIA MORNING -- "NBC News' Richard Engel welcomes baby boy," by Page Six's Emily Smith: "Three years after escaping Syrian kidnappers ... [t]he NBC News chief foreign correspondent and his producer wife, Mary Forrest, have welcomed a son, Henry Thomas Engel." With pic

THE TALK OF WALL STREET -- "Paul Taubman Taking Reins of Investment Bank With Blackstone Ties," by Dealbook's Michael J. de la Merced: "When the longtime investment banker Paul J. Taubman left Morgan Stanley in late 2012, no one was quite sure what he would do next. ... Now, Mr. Taubman is set to begin the next stage of his career: leading a new publicly traded investment bank formed from the merger of his own budding operations and the 30-year-old advisory arm of the Blackstone Group. The firm, PJT Partners, will begin trading on Thursday."

HILLARYWATCH -- "Emails: Russia-linked hackers tried to access Clinton server," by AP's Bradley Klapper, Jack Gillum and Stephen Braun: "Russia-linked hackers tried at least five times to pry into Hillary Rodham Clinton's private email account while she was secretary of state, emails released Wednesday show. It is unclear if she clicked on any attachments and exposed her account. Clinton received the infected emails, disguised as speeding tickets from New York, over four hours early the morning of Aug. 3, 2011. The emails instructed recipients to print the attached tickets. Opening an attachment would have allowed hackers to take over control of a victim's computer."

NEW HILLARY VIDEO -- "National Press Secretary Brian Fallon on the stunning admission by likely-Republican Speaker of the House Kevin McCarthy that the real purpose of the Benghazi Committee has been to damage Hillary Clinton's poll numbers in her campaign for President."

SPOTTED on HuffPost's mobile home-page, an ad for "Wish Hillary Happy Birthday! Sign the card":

HAPPENING TODAY - "Yahoo will livestream Vice President Joe Biden's remarks from the 5th Annual Concordia Summit in NYC at approximately 6:15pm where he will share his perspective on the efficacy of public-private partnerships and the importance of bridging the gap across the aisle for greater social impact."

REAL ESTATE -- VIVA LA VISA-"Popular visa program used to finance development projects gets new life," by Crain's Joe Anuta: "In order to prevent the Wednesday-night expiration of a popular fast-track citizenship program used by New York City developers to finance major projects, including Hudson Yards and the revamp of the Kingsbridge Armory, lawmakers have included the program in federal stopgap legislation that is currently before the House of Representatives.

"The EB-5 Immigrant Investor Program allows foreign nationals to obtain two-year visas, and eventually permanent U.S. citizenship, for investing a minimum of $500,000 in projects on U.S. soil that create at least 10 jobs in less-affluent areas of the country. Alternatively, they can invest a minimum of $1 million in regions of the U.S. that aren't as economically distressed."

THE HOME TEAMS -- POLITICO New York's Howard Megdal: Phillies 7, Mets 5: Not an ideal night. Yoenis Cespedes left after getting hit in the hand with a pitch. X-rays were negative, but we'll see what the effect is on his ability to grip a bat. Wilmer Flores also left the game with back stiffness. The Mets also blew a 5-0 lead.

-- Red Sox 9, Yankees 5: Deven Merrero put the Red Sox ahead to stay with an RBI single in the 11th.

-- The day ahead: the Mets are playing their game in Philadelphia at noon to try and get ahead of the weather. As of now, Yankees and Red Sox are scheduled at Yankee Stadium at 7:05.

#UpstateAmerica: No one can catch the 1,500-pound cow that has been loose in suburban Utica for the last few months.

** A message from United Federation of Teachers: Back to school means back to achieving incredible things. We're celebrating teachers who are doing extraordinary things in public schools across New York City, like the science teacher who turned her 6th-grade classroom into a rainforest and the music teacher who taught his special-needs students to play music on iPads. You can read their stories and submit your own HERE . **

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