1



        1

        2    STATE OF NEW YORK      COUNTY OF ONONDAGA

        3    WAYS and MEANS COMMITTEE
             -------------------------------------------
        4
                           In the Matter of the
        5
                   2016 Tentative Annual Operating Budget
        6

        7    -------------------------------------------

        8       PUBLIC HEARING in the above matter, conducted
             at the Onondaga County Court House Legislative
        9    Room, 4th Floor, 401 Montgomery Street, Syracuse,
             New York before JOHN F. DRURY, CSR, Notary Public
       10    in and for the State of New York, on October 8,
             2015 at 7:00 p.m.
       11
             ONONDAGA COUNTY LEGISLATORS PRESENT:
       12
                1st  BRIAN F. MAY
       13       2nd  JOHN C. DOUGHERTY
                3rd  JIM CORL
       14       4th  JUDITH A. TASSONE
                5th  KATHLEEN A. RAPP
       15       6th  MICHAEL E. PLOCHOCKI
                7th  DANNY J. LIEDKA
       16       8th  (CHRISTOPHER J. RYAN - not present)
                9th  PEGGY CHASE
       17       10th KEVIN A. HOLMQUIST
                11th PATRICK M. KILMARTIN
       18       12th DAVID H. KNAPP, Chair of Ways & Means
                13th DEREK T. SHEPARD, JR.
       19       14th CASEY E. JORDAN
                15th J. RYAN McMAHON, II, Chairman
       20       16th MONICA WILLIAMS
                17th LINDA R. ERVIN
       21
                Clerk of Legislature:  Deborah T. Maturo.
       22

       23
                           Reported By:
       24              John F. Drury, CSR, RPR
                       Court Reporter 471-7397
       25

                                                               2



        1

        2                  INDEX TO SPEAKERS

        3    SPEAKERS                                  PAGES

        4    MICHAEL HUNGERFORD  ACTS                      5

        5    VIRGINIA CARMODY  Literacy Coalition         11

        6    JASON ZEIGLER    Assigned Counsel Program    18

        7    RABBI JOE MURRAY  The Grace Project          30

        8

        9

       10

       11

       12

       13

       14

       15

       16

       17

       18

       19

       20

       21

       22

       23

       24

       25

                                                               3



        1                       Chairman Knapp

        2                   LEGISLATOR KNAPP:  Good evening.

        3               Like to call the meeting to order.  The

        4               public hearing on the -- tonight's

        5               public hearing is on the proposed 2016

        6               budget, included in the capital

        7               improvement plan, the schedule of rates

        8               to be charged for water and water

        9               service; and the report of the Ways and

       10               Means Committee.

       11                   As always, please check the exits

       12               closest to you, just in case.  I ask

       13               everybody to check their cell phones,

       14               make sure those are off.  And we'll get

       15               started.

       16                   Just briefly, as far as the budget

       17               in general, I think it has been a very

       18               smooth process this year.  I think we

       19               are able to, we had a very good and

       20               sound budget that was presented to us by

       21               the County Executive and her team.  And

       22               we made some tweaks to it, and I think

       23               we're able to accomplish our goals,

       24               still kept the levy a little bit, put

       25               some money away in our debt stabilization

                                                               4



        1                       Chairman Knapp

        2               fund for down the road, and still do

        3               everything we wanted.  So all in all, I

        4               think we had a very good year, and I

        5               thank all of you for your participation.

        6               It's a long process and so, but we are

        7               coming to the end.  So with that, are

        8               there any Legislators who would like to

        9               speak beforehand?

       10                   If not, I will now open the public

       11               meeting to responses.  I have three

       12               right now.  If you have not signed in

       13               and would like to speak, please come up

       14               to the front and see Darcie, and she

       15               will get your information.  Otherwise

       16               we'd like to keep the comments to about

       17               three minutes to keep things moving

       18               along.

       19                   A reminder, this is a budget public

       20               hearing, so we are talking about the

       21               2016 budget, and those other items that

       22               I just talked about.  So if you could

       23               keep your comments to that we would

       24               appreciate it.  And with that we will

       25               start out with Michael Hungerford of 305

                                                               5



        1                         Hungerford

        2               Cherry Road, Syracuse, with ACTS.

        3                   MICHAEL HUNGERFORD:  Thank you, very

        4               much.  Is there a way I can get one page

        5               documented entered into the record?

        6                   LEGISLATOR KNAPP:  Absolutely, just

        7               give that to me.  That is just one other

        8               thing, before you get started, if you

        9               have written comments, just submit that.

       10               Thank you very much.  And we will make

       11               sure those are part of the record.

       12                   MICHAEL HUNGERFORD:  Thank you, very

       13               much, appreciate the opportunity to come

       14               here this evening and to speak to the

       15               Legislators who are a part of our county

       16               government.  ACTS, if you don't already

       17               know, is an alliance of communities,

       18               primarily, but not exclusively faith

       19               communities, that work on advancing

       20               justice in this community.  And we've

       21               been doing that over the years.

       22                   And part of what we try to do, I am

       23               the co-chair of the ACTS Criminal

       24               Justice Task Force.  And we try to

       25               identify important issues that are

                                                               6



        1                         Hungerford

        2               affecting people in the Onondaga County

        3               area.

        4                   Early this year one of the member

        5               organizations of ACTS, from Grace

        6               Episcopal Church came to the Task Force

        7               and told is about a very concerning

        8               situation.  That situation is that

        9               youth, 16 and 17 year old youth, are

       10               being held in solitary confinement at

       11               the Jamesville Penitentiary.  Now, many

       12               of you probably are aware that

       13               previously they were held at the Justice

       14               Center.  And some time around the end of

       15               April last year, because of overcrowding

       16               conditions at the Justice Center, they

       17               were moved out to Jamesville.

       18                   And we're not aware of what the

       19               situation was while they were at the

       20               Justice Center.  We don't think it was

       21               quite as extensive in terms of the

       22               numbers and the length of the solitary

       23               confinement that some of these youth,

       24               children really, were subjected to at

       25               the Justice Center.  But we do know that

                                                               7



        1                         Hungerford

        2               now at Jamesville they are there for

        3               very minor kinds of offenses, and

        4               they're kept in solitary confinement for

        5               extended periods of time.

        6                   We had one youth come to the people

        7               involved who do the visitation from

        8               Grace Church, the youth came to them and

        9               told them that he had just gotten out of

       10               solitary confinement after 75 days.

       11               Another youth was kept in solitary

       12               confinement for 29 days.  So you can see

       13               the length of the period of time that

       14               we're talking about.  And it can be

       15               anything ranging from normal teenage

       16               behaviors to something much more serious

       17               that has to be dealt with, of course.

       18                   We think that one of the problems is

       19               that there is not sufficient programs

       20               and services being provided to those

       21               youth.  And that's why they get in

       22               trouble.  There is long periods of time,

       23               they are unstructured, that they don't

       24               have activities for.  And we think that

       25               that's one way that the amount of

                                                               8



        1                         Hungerford

        2               solitary confinement that's used could

        3               be reduced.

        4                   We've offered to work with the

        5               Department of Corrections and with

        6               Commissioner Cowin, and to develop more

        7               programs and develop more activities for

        8               the youth.  So far the Commissioner

        9               Cowin, unfortunately, has not taken us

       10               up on that offer.  So we've been looking

       11               into this situation since the beginning

       12               of the year.  We made a Freedom of

       13               Information Act request, we got data

       14               from the County.  And none of that data

       15               that we have and was provided to us

       16               shows that there are serious acting out

       17               problems with these youth.

       18                   You may have heard that from

       19               Commissioner Cowin, we don't believe

       20               it's true, and we don't think, and we

       21               haven't been provided with anything that

       22               documents and supports that contention

       23               of his.  So we think, and we want to,

       24               and we demand at this time, that the

       25               solitary, use of solitary confinement

                                                               9



        1                         Hungerford

        2               for youth be ended.  It's a very, very

        3               damaging thing for youth.  They are in

        4               the formative years of their lives, and

        5               being placed in solitary.  There is all

        6               kinds of studies and investigations that

        7               have been done by other people, it shows

        8               that they suffer severely when they are

        9               placed into solitary confinement.

       10               Indeed, some commentators have called

       11               that torture.  And we don't think that

       12               our government and our personnel in

       13               Onondaga County, our youth in Onondaga

       14               County, should not be subjected to that

       15               kind of harmful policies.

       16                   So obviously, the budget may have to

       17               be adjusted in order to accommodate

       18               additional youth activities and programs

       19               at Jamesville Correctional Facility.

       20               And again, that's something that we

       21               would be more than willing to work with,

       22               Commissioner Cowin and others in the

       23               Department of Corrections in order to

       24               develop those things that would work

       25               best.  And we urge you to give

                                                              10



        1                         Hungerford

        2               directions to Commissioner Cowin to do

        3               just exactly that.  If you have any

        4               questions, if you have any concerns, the

        5               phone number is at the bottom of the

        6               page that's been passed out.  We'd be

        7               glad to respond to any questions.  And

        8               we'll be talking, we've been following

        9               up with some of you already.  And we

       10               would be glad to follow-up with any of

       11               the rest of you who would like to meet

       12               with us and talk about this situation.

       13                   We think it's an important issue

       14               that needs to be dealt with as soon as

       15               possible.  There are youth out there

       16               tonight who are in solitary confinement.

       17               They've stopped using solitary

       18               confinement at Rikers Island in New York

       19               City, and I think if they can do it

       20               there, we should be able to do it here

       21               in Onondaga County.  Thank you, very

       22               much, appreciate it.  And I hope to

       23               speak with any of you who have any

       24               questions following this meeting.

       25                   LEGISLATOR KNAPP:  Thank you.  Next

                                                              11



        1                          Carmody

        2               we have Virginia Carmody, Literacy

        3               Coalition of Onondaga County.

        4                   VIRGINIA CARMODY:  Good evening, my

        5               name is Virginia Carmody, and thank you

        6               for this opportunity to speak.  As the

        7               Executive Director of the Literacy

        8               Coalition of Onondaga County, I offer

        9               our vision of a hundred percent literacy

       10               to a hundred percent community

       11               engagement.  That is the community

       12               impact strategy that seeks the

       13               coordinated pipeline of programs and

       14               services that support children and their

       15               families.

       16                   The reality is that a staggering 91

       17               percent of Syracuse City School District

       18               3rd graders are not reading at grade

       19               level.  The 3rd grade milestone marks

       20               the point when children shift from

       21               learning to read, to reading to learn.

       22               Students who have not mastered reading

       23               by that time are more likely to get

       24               stuck in a cycle of academic failure,

       25               drop out of school, go throughout their

                                                              12



        1                          Carmody

        2               lives all at a cost their families and

        3               our community cannot afford.

        4                   It's again, this backdrop that we

        5               launched Dolly Parton's Imagination

        6               Library in May of 2010.  This program

        7               not only provides books to children, but

        8               establishes a tracking system that is

        9               targeted and measurable.  With

       10               unparalleled frequency and duration, new

       11               age-appropriate books are mailed monthly

       12               to enrolled children from birth to age

       13               5.  Given the concentration of poverty

       14               in the City of Syracuse, our pilot

       15               started in the initial zip code areas

       16               13203 and 13208, within the School

       17               District's North Quadrant, and that was

       18               with the support of the Central New York

       19               Community Foundation.  Then we expanded

       20               to zip code 13204, the District's West

       21               Quadrant, with support of the Reisman

       22               Foundation, and thereby covered half of

       23               the City of Syracuse.

       24                   Through the leadership of County

       25               Executive Mahoney and support from

                                                              13



        1                          Carmody

        2               Syracuse Mayor Miner, we expanded

        3               throughout the City of Syracuse this

        4               year, and have now enrolled 6,984

        5               children, and distributed 93,398 books.

        6               We work with over 80 community referral

        7               partners, such as all the area hospitals

        8               now, Catholic Charities and Head Start

        9               to name a few.  But in particular, one

       10               of our strongest partners is Onondaga

       11               County Departments of Children's Family,

       12               Health Department, the Healthy Families

       13               and Jobs Plus.  They have facilitated

       14               together an enrollment of 2,319

       15               children.

       16                   In addition, we have awarded over

       17               $250,000 over the past five years in

       18               Literacy Champion Grants.  These Grants

       19               are used to further leverage impact of

       20               the books, and provide family literacy

       21               programming.  That is done in

       22               collaboration with a number of partners,

       23               including the top of the list is the

       24               Rosamond Gifford Zoo, the Onondaga

       25               County Public Library, InterFaith Works,

                                                              14



        1                          Carmody

        2               Child Care Solutions, and Children's

        3               Consortium.  With that process we have

        4               engaged over 2,700 families.

        5                   A number of research studies have

        6               made a compelling case for early

        7               education as a critical public

        8               investment.  Early literacy specifically

        9               has proven to be a reliable indicator of

       10               a child's future success in school.

       11               Consequently this has led to our focus

       12               on the importance of regular reading to

       13               children as a means to develop the

       14               skills necessary to enter kindergarten

       15               ready to learn.  In particular, our

       16               strategy has a dual generation focus

       17               that seeks to fully involve parents,

       18               which we know are the children's first

       19               and most important teacher.

       20                   In addition, ongoing research

       21               conducted by LeMoyne College from the

       22               beginning of our program has shown

       23               significant positive results for the

       24               Imagination Library, including the fact

       25               that it has a positive effect on family

                                                              15



        1                          Carmody

        2               reading, regardless of child's age,

        3               gender, family income, parental

        4               education, race, parental nation of

        5               birth and primary language.  We have

        6               also been monitoring enrolled children

        7               through the use of an automated monthly

        8               dashboard.

        9                   This past August we were

       10               particularly thrilled to announce our

       11               latest results that the LeMoyne

       12               researchers had done, which compared the

       13               Syracuse School District children, we

       14               finally had the cohort large enough to

       15               start the program from birth, now

       16               entering kindergarten.

       17                   So what we did was, not me, the

       18               researchers did was, able to work with

       19               the School District's data people, and

       20               they were able to match our children

       21               going to kindergarten.  Also set up a

       22               control group that matched the same

       23               demographics.  That information showed

       24               that the children in the program

       25               outperformed non-enrollees by 28.9

                                                              16



        1                          Carmody

        2               percent.  The Imagination Library

        3               program also outperformed the Onondaga

        4               County average.  These results then led

        5               County Executive Mahoney to support

        6               expansion of Imagination Library to all

        7               children, birth through age 5,

        8               throughout Onondaga County.  And I put a

        9               book in front of you.  This is the

       10               Welcome Book.  Each child receives this

       11               book and thereafter they receive an age

       12               appropriate book.  So it's 60 books they

       13               receive.

       14                   So another quick note, the Literacy

       15               Coalition made a strategic decision to

       16               join the Annie E. Casey Foundation-led

       17               Campaign for Grade Level Reading.

       18               There are more than 150 communities

       19               across the country, including Syracuse,

       20               that are focused on getting students on

       21               track for grade level reading by the end

       22               of 3rd grade.  We are now charter

       23               members of a national movement of local

       24               governments, non-profits, foundations

       25               and others, adopting a collective impact

                                                              17



        1                          Carmody

        2               strategy that engages the full community

        3               around focussing on three challenges

        4               that keep children from learning, to

        5               read well.  They are school readiness,

        6               which is our Imagination Library, the

        7               center piece of, also issued the chronic

        8               absence, and summer learning loss.

        9                   So I hope you agree that we are

       10               targeted, ready, realistic about the

       11               challenges before us.  We know that

       12               nothing is more basic, more essential,

       13               more foundational and more important to

       14               a child's success in life than an

       15               ability to read well.  Together this is

       16               a problem we can solve.  If we reach the

       17               entire community to bear on the

       18               challenges that keep children from

       19               reading well.  Thank you all for your

       20               support.

       21                   LEGISLATOR KNAPP:  Thank you.  And

       22               thank you for our little take home book.

       23               Everybody's is the same?

       24                   VIRGINIA CARMODY:  Welcome Book is

       25               all the same.

                                                              18



        1                          Zeigler

        2                   CHAIRMAN KNAPP:  For all of us who

        3               got here tonight?

        4                   VIRGINIA CARMODY:  Yes.

        5                   LEGISLATOR KNAPP:  Kevin Holmquist's

        6               stories also have that.  Next we have

        7               Jason Zeigler, the Onondaga County

        8               Assigned Counsel Panel and Onondaga

        9               County Gideon Society.

       10                   JASON ZEIGLER:  Hello, I just saw

       11               you Mr. Casey.  I'm going to try to keep

       12               my comments really focused on the

       13               budget.  I came and watched the Assigned

       14               Counsel portion of the budget hearing.

       15               There was some questions and comments, I

       16               wanted to start with that.  One of the

       17               questions, I believe was from Ms. Chase

       18               was, with the proposed increase would

       19               that address the complaints that have

       20               been coming from the Panel attorneys?

       21               And I can assure you it does not.  From

       22               what I understand this increase is based

       23               on an increased case load, essentially

       24               maintains the status quo.

       25                   Back in 2004 the range for assigned

                                                              19



        1                          Zeigler

        2               work were raised by the state

        3               substantially.  What we were paid is

        4               supposed to be dictated by a state

        5               statute.  The rate prior to 2004 had

        6               been put into effect, from what I'm

        7               told, in the mid '80s.  I was about

        8               eight years old then.  From what I'm

        9               told, and I got my law license in 2006

       10               in this state and 2005 in Pennsylvania

       11               and New Jersey is when I graduated law

       12               school.  The rates went up in 2004.

       13                   For people in our group in the

       14               Gideon Society, who were on the Assigned

       15               Counsel Board at that time, you know

       16               I've been told there was a cost study

       17               that was done by the County.  The County

       18               went to look at what were the most cost

       19               effective options given the options that

       20               the County has in providing for indigent

       21               defendants.  Really four options.

       22                   Three options, first one being a

       23               Public Defenders Office, second one

       24               being Legal Aid Society, third one being

       25               a plan of a Bar Association.  The fourth

                                                              20



        1                          Zeigler

        2               essentially being some sort of hybrid,

        3               which is what we have here.  Hiscock

        4               Legal Aid is another primary provider of

        5               indigent representation in Family Court.

        6               The Assigned Counsel Panel, ACP Panel

        7               for criminal courts.  We also have

        8               Family Court appeals for all hearings.

        9                   Around that time even though the

       10               costing was done, apparently the

       11               increase in cost was somewhat

       12               unsuccessful for the Legislature to

       13               control, you know, what they were

       14               spending on this.  So rules were put

       15               into place that essentially, the

       16               practice of law didn't change, but it

       17               was an attempt to say, we're not going

       18               to pay for this, we're not going to pay

       19               for that.  These rules contradict the

       20               statute.  There's been litigation.  A

       21               lot of really the nuts and bolts of

       22               whether that complies is ruled on by the

       23               Appellate Courts.

       24                   Frankly, the Court decision that

       25               have laid down, the Assigned Counsel

                                                              21



        1                          Zeigler

        2               Program has essentially ignored this.

        3               And I think a lot of the issues didn't

        4               get decided because of the O'Hara

        5               (phonetic) case that was pending at this

        6               time.

        7                   Fast forward 11 years later, we had

        8               a real deterioration in the quality of

        9               representation, probably to the point

       10               where we were one of five counties in

       11               that O'Hara lawsuit.  There was talk

       12               during the budget hearing of the state

       13               taking in some money to help pay for

       14               some of the compliance of that lawsuit.

       15               I can tell you as an attorney practicing

       16               on the Panel, as somebody in growing up

       17               with the organization of Panel attorneys

       18               that are very dissatisfied with

       19               essentially getting ripped off.  That

       20               first off, that money, that million

       21               dollars is going to five counties, not

       22               just this.  Nobody knows how it's going

       23               to be spread out.

       24                   Not just the O'Hara lawsuit, there

       25               was actually a case last year where the

                                                              22



        1                          Zeigler

        2               Fourth Department, the intervening

        3               appellate court, in which we are under,

        4               sent a case back for the ineffective

        5               assistance of counsel.  And some of the

        6               points of that pointed up that the

        7               attorney had not seen his client for the

        8               six months he had represented him and

        9               missed very important things in his

       10               defense.

       11                   What's the cost of a case coming

       12               back?  You know, I think a lot of

       13               decisions that have been made have been

       14               really short term focus on how do we

       15               make this budget?  And it wasn't really,

       16               it didn't really comply with the cost

       17               study.  And I think over time, you know,

       18               as you've had attorneys sue, who

       19               couldn't be paid, had bills unduly

       20               delayed, seems to be some sort of

       21               mandate, where instead of singling

       22               people out, they're spreading the pain,

       23               so to speak.  And you got a lot of

       24               people that were upset.

       25                   You know, one of the Legislators

                                                              23



        1                          Zeigler

        2               commented, and I think it was a request

        3               for a pay increase for the staff.

        4               Personally I have no position on this.

        5               But somebody commented that the

        6               attorneys, you know, the rate is set by

        7               statute, and it is.  Frankly the County

        8               doesn't pay.  If I go file a motion and

        9               I get told, you know, you shouldn't have

       10               filed motions, despite the fact it got

       11               the case dismissed, which is a lot

       12               cheaper than trial.  I still have to do

       13               that.

       14                   Making this budget, that really has

       15               no bearing what the attorneys need to do

       16               and expecting the lawsuit would somehow

       17               end is unrealistic.  When somebody puts

       18               in a voucher say $500 for what they did,

       19               and they turn around and see $300 of

       20               that, they get ripped off.  They're

       21               going to do the work, they're still

       22               going to do the work.

       23                   Not every bill gets processed.  Road

       24               blocks are still being put up to that.

       25               I think in response to the question of,

                                                              24



        1                          Zeigler

        2               will this increase in the budget amount

        3               address the attorney issues?  The answer

        4               that was given was, well, the voucher

        5               process times have increased.  For me

        6               things have improved.  I mean I was a

        7               target.  I complained a lot.  But when I

        8               put it on the list for the Gideon

        9               Society, some of the attorneys said that

       10               the statute of the law that their

       11               vouchers are slower than ever.

       12                   What you had is, well, we'll back

       13               off on these people, put it in to all

       14               these other ones.  So you had

       15               essentially a growing group of people

       16               really going to get off the Panel and

       17               sue you on the way out.

       18                   When getting your information I

       19               would ask you to consider the source.

       20               Try not to throw stones, but if somebody

       21               has a vested interest in making sure

       22               everything is fine and keeping you

       23               happy, how far are they willing to go to

       24               keep that going?  You know, I think when

       25               I first started writing, first started

                                                              25



        1                          Zeigler

        2               getting singled out, I was one of maybe

        3               two or three people who seemed to be

        4               vocal about the problem.  No one is

        5               going to fix the system based on one or

        6               two people, it's probably not the

        7               system.  I think those days are past.

        8               There is a lot more of us, it seems to

        9               be growing.  People who a few years ago

       10               didn't want to get involved, you know

       11               were worried that those of us who aired

       12               our voice, our complaints, somehow bring

       13               the system down, are now joining the

       14               Gideon Society.

       15                   I appreciate the fact that through

       16               the last few years, you know, we have

       17               been able to talk to some of the

       18               Legislators, meet with the County

       19               Executive.  From my understanding from

       20               the paper there was a meeting, initially

       21               the services office in Albany, New York

       22               State Defenders Association about maybe

       23               how can we get the state to pay for

       24               this?  I think most of us support that.

       25               Obviously the budget has been a big

                                                              26



        1                          Zeigler

        2               point of contention.  But when it comes

        3               to the budget, this isn't an example of

        4               say the County PD's office where the

        5               work isn't getting done.  This is where

        6               some of the work is getting done, and

        7               not all that is getting paid for.  That

        8               is going to cause the people to do less,

        9               that in turn gets you sued by the NY

       10               CLU, it's just a downhill spiral.

       11                   The statute itself, under County Law

       12               7, Article 18B Section 722.  The County

       13               when it comes to the defense, the state

       14               essentially has dumped this on the

       15               counties.  That was part of the O'Hara

       16               lawsuit.  Under the current statute the

       17               County gets to pick its poison.  I

       18               believe the County went with what they

       19               felt was the lowest, most cost effective

       20               option.  But it seems to have been taken

       21               a step further.

       22                   I think that a lot of the things

       23               going on, its a long story, there is a

       24               lot going on, nobody seems to be treated

       25               the same.  I appreciate the openness, I

                                                              27



        1                          Zeigler

        2               appreciate the growing amount of

        3               questions.  I would ask when deciding

        4               what is going to be appropriate, have

        5               some thought to the long term.  There is

        6               a lawsuit pending right now, there is

        7               probably more coming down.  It comes

        8               down to somebody gets in a car accident,

        9               they're owed a hundred grand.  Shut the

       10               practice down, Assigned Counsel refuses

       11               to pay them.  You cannot expect a

       12               disabled person not to sue you for money

       13               they're owed when you've done the work.

       14               I myself was sued in January.  Assigned

       15               Counsel stopped processing my bills.

       16               How is that going to look in front of a

       17               jury?  I'm not alone in that kind of

       18               treatment.

       19                   So I want to say thank you for

       20               taking, you know, a little more of the

       21               open-mindedness, hearing us out on this.

       22               I would ask that you would talk to some

       23               of us that actually do the work, and

       24               some of the practical problems we have.

       25               I don't think anybody has a real problem

                                                              28



        1                          Zeigler

        2               with oversight.  You know there's always

        3               going to be somebody trying to cheat the

        4               system.  But we face, you know, the

        5               oversight being abused.  We're being

        6               told you went to court too much.  When

        7               we have a program that will lie about

        8               how that process is being applied.

        9                   They told Legal Services Office,

       10               that's only being applied for double

       11               billing and fraud.  We told them that's

       12               not true.  Showed them documentary

       13               evidence where they're telling us you

       14               went to court too much.  Spent too much

       15               time talking to your client, to the DA,

       16               the Court, you filed motions in the

       17               case.  These are things that we are

       18               supposed to do.

       19                   LEGISLATOR KNAPP:  If you can wrap

       20               it up, appreciate it.

       21                   JASON ZEIGLER:  I'll close with

       22               this.  You were told that statutorily

       23               the Assigned Counsel Program has a duty

       24               to review every single bill that we

       25               submit.  That's not true.  The only duty

                                                              29



        1                          Zeigler

        2               they have under statute is to make sure

        3               the attorneys are rotating.  In other

        4               words, you go down the list, there isn't

        5               favoritism, nepotism or not.  That's the

        6               one thing they won't do.  Instead you

        7               have an apparatus that's designed to

        8               harass us, cut our bills.  I don't know

        9               why they do.  Statutorily here the Judge

       10               is supposed to review the vouchers.

       11               And, you know, the County is so in a

       12               mess, it seems to be I think if you go

       13               ahead and settle it, we're going to have

       14               to comply with it, with the decision of

       15               the Fourth Department, going to have to

       16               do our jobs that Assigned Counsel says.

       17               I think you're going to see an increase

       18               in the attorneys bills because they're

       19               no longer going to be able to just do

       20               just the minimum.  Not even the minimum.

       21               Just plead people out instead of doing

       22               their job.  Kind of not bring attention

       23               on themselves and their County.  So I

       24               ask you to take a look at the long term,

       25               true cost of the long run.  The current

                                                              30



        1                        Rabbi Murray

        2               budget, it would actually take that to

        3               the fund, especially pay people for the

        4               work they've already performed.  Thank

        5               you.

        6                   LEGISLATOR KNAPP:  Thank you.  Next

        7               we have Rabbi Joe Murray of the Grace

        8               Project.

        9                   RABBI JOE MURRAY:  Thank you.  My

       10               name is Rabbi Joe Murray.  The Grace

       11               Project is a ministry out of my wife's

       12               church.  She's the Rector at Grace

       13               Episcopal church, a rather historic

       14               church in town.  And once a week she

       15               goes to Jamesville.  And she visits with

       16               unsentenced minor males, aged 16 and 17.

       17               They used to be at the Justice Center,

       18               now they're at Jamesville.

       19                   And there was a time when we went in

       20               there where we actually went into what's

       21               called Unit 2.  Now, as many of you know

       22               Jamesville is and has historically been

       23               where you send people who are sentenced.

       24               The ones I'm talking about are 16 and 17

       25               year olds mostly unsentenced minors.  So

                                                              31



        1                        Rabbi Murray

        2               if somebody says, you can only ask one

        3               question, Joe, and it has to be a budget

        4               question, my question would be this:

        5                   How much would it take to stop

        6               putting 16 and 17 year old unsentenced

        7               minor males, mostly black and Latino,

        8               into solitary confinement.

        9                   Now, the moment you say solitary

       10               confinement to the jail administration

       11               at Jamesville, they're going to say, oh,

       12               we don't do that, we don't do solitary

       13               confinement.  Here's the euphemism.  The

       14               euphemism is punitive segregation.  They

       15               can call it whatever they want, they

       16               spend days or weeks or months in the

       17               cell by themselves.  That assumes they

       18               don't go to "the box," which is Unit 1.

       19                   And then somebody said, okay, Joe,

       20               you've asked your budget question.  If

       21               you can only ask one question of every

       22               single members of the Legislature, the

       23               question would be this:  Have you been

       24               to Unit 2?

       25                   Because if you talk to the head of

                                                              32



        1                        Rabbi Murray

        2               corrections he'll say, we're really open

        3               about what we do here.  Everybody is

        4               invited to come here.  So I urge you, if

        5               you decide to come up with the number to

        6               stop the solitary confinement of

        7               unsentenced minor males, if you decide

        8               to ask that question and come up with an

        9               answer, before you decide what to do

       10               with it, take Mr. Cowin up on his offer

       11               and knock on his door and say:  I want

       12               to go to Unit 2.  I want to see the 16

       13               and 17 year olds.  I want to see what

       14               you're doing with their time.  I want to

       15               see how many guards you have assigned to

       16               that one unit.

       17                   And I can tell you, because I just

       18               double checked it with one of four kids

       19               I was with earlier this evening, who

       20               have been in solitary confinement, who

       21               have been in Jamesville, and it's one.

       22               One.

       23                   So, if you haven't been there, I

       24               assure you, it will be an exciting time.

       25               And one of the reasons it will be

                                                              33



        1                        Rabbi Murray

        2               exciting is, because if you walk up to

        3               one of the 16 and 17 year olds and talk

        4               to them, they'll actually be honest with

        5               you.  One of the fascinating things

        6               about these young men, unlike those of

        7               us our age, is they actually take

        8               responsibility for themselves, and they

        9               will actually tell you what's really

       10               happening.  But you'll have to pay

       11               attention to detail.

       12                   You have to say, okay, now that I'm

       13               in Unit 2, how come I see faces behind

       14               some of those doors and not the others?

       15               The reason you see faces on the other

       16               side of the door, like you're at a zoo,

       17               is because they are the ones who are

       18               locked in.

       19                   So I leave you with the budgetary

       20               question, because sooner or later

       21               solitary confinement of unsentenced

       22               minor males in Onondaga County, the only

       23               place it's happening, sooner or later it

       24               will end.  Until then, the budgetary

       25               question is, how much will it take in

                                                              34



        1                       Chairman Knapp

        2               dollars and cents to stop it?  Thank

        3               you.

        4                   LEGISLATOR KNAPP:  Thank you.  Are

        5               there any other speakers who would like

        6               to come forward and speak tonight?

        7               Seeing none, I will declare the comment

        8               period, the public comment period

        9               closed.

       10                   And are there any Legislators who

       11               would like to make any final comments on

       12               the record?  Being none, like I said at

       13               the beginning, this has been a very good

       14               process so far.  We will have the final

       15               vote on the budget next Tuesday.  There

       16               is a lot of work goes into this, you

       17               know, over $1.26 billion budget.  So

       18               again, like to thank the County

       19               Executive, Pete Morgan, the finance

       20               department.  And of course our

       21               Legislative staff led by our Clerk

       22               Debbie Maturo and Susan Stanczyk, our

       23               Director of Legislative Budget Review

       24               and Katherine French, Darcie Lesniak.

       25               Kim Memory, Bill Kinne, and Mary Ellen

                                                              35



        1

        2               Britt, who all have spent lots of

        3               evenings and weekends making sure this

        4               all went smoothly for us.  So thank you

        5               very much to them, and declare the

        6               public hearing ended.  Thank you.

        7                   [Conclusion of Public Hearing.]

        8                          *   *   *   *

        9                           C E R T I F I C A T E

       10                    This is to certify that I am a

       11               Certified Shorthand Reporter and Notary

       12               Public in and for the State of New York,

       13               that I attended and reported the above

       14               entitled proceedings, that I have

       15               compared the foregoing with my original

       16               minutes taken therein and that it is a

       17               true and correct transcript thereof and

       18               all of the proceedings had therein.

       19

       20
                                        _______________________
       21                               John F. Drury, CSR

       22

       23               Dated:  October 16, 2015

       24

       25