State Senator Malcolm Smith

Caption: (l. to r.) Kevin Jemmott, President of the Cambria Heights Development Corporation, Inc.; Councilman Leroy Comrie, Deputy Majority Leader in the City Council; Senator Malcolm A. Smith, NYS Senate Democratic Conference Leader; Assemblyman William Scarborough; Senator Craig Johnson; and Brian Simon (not seen), Executive Assistant to Congressman Gregory W.Meeks.

 NEW YORK. - New York State Senate Democratic Leader Malcolm A. Smith today announced legislation prohibiting the use of chlorinated solvents or products containing any chlorinated solvents. The legislation, introduced on Friday in the State Senate, will amend New York State Environmental Conservation Law, phasing out the use of the dangerous chemical in the State by January 1, 2012.”   

Known as PERC, tetrachloroethene, is a synthetic organic chemical commonly used by dry cleaning, and auto body businesses. “PERC has caused major concerns in my own district and I believe it is appropriate to ban the use of this chemical from the entire state and replace it with healthier and environmentally friendly products,” said Senator Smith, who was joined by DEC Commissioner Pete Grannis during the announcement.  

If it becomes law, Senator Smith’s legislative proposal will mandate the New York State Departments of Health and Environmental Conservation to work closely with producers and users of chlorinated solvents and to establish a program to facilitate the transition from these dangerous chemicals to healthier and environmentally friendly products. 

PERC is known to be harmful to humans and animals. It has the potential to affect the nervous system, kidney, liver, and possibly the reproductive system.  Its impact on the environment has direct effects on human and animal health. 

“Knowing that we have alternatives, why should we wait for a health crisis to take the appropriate measures on this issue, the time to move on this is now,” continued the Senator. 

Three weeks ago, the New York City Department of Environmental Protection detected an alarming quantity of PERC in the water supply of Cambria Heights, Hollis and St. Albans. As reported by the agency, at some points the levels of contamination reached 13 parts per billion, more than double the amount that triggers an alert from the City's Department of Health. 

Senator Craig M.  Johnson, the Ranking Member of the Senate Environmental Conservation Committee, said: "Phasing out the use chlorinates solvents is a priority in our fight for clean air and a clean water supply system. While we help our businesses to make the transition to healthier products and educate our residents about the risks involved in using products containing this harmful chemical, we need to pass legislation ensuring that New York will be PERC free by 2012.” 

State Senator Shirley Huntley said: “This is a matter of common sense. We have safer alternatives to PERC and the government has the responsibility to facilitate a reasonable transition to get rid of this chemical, for the sake of the health of our community.  We should stand with Senator Smith in making this a priority.” 

According to the federal Environmental Protection Agency, people who drink water containing PERC over many years can develop liver problems and may have an increased risk of cancer. At least as of 2003, according to the New York City Department of Environmental Protection, PERC has been present in our water periodically. 

“While we promote and protect small business and businesses in general, we must make sure that the health of all New Yorkers is not put at risk by routinely using products containing PERC.  

New York has already prohibited the use of PERC products in newly installed residential laundry facilities, but our citizens are constantly exposed to PERC related chemicals in the air, and water, due to the use of this product by cleaners, auto-body repair shops and other businesses. Let’s build a bridge to a healthy New York by getting PERC out of our air and water supply. 

“The Federal Government and other states have taken measures to closely monitor the use of PERC and related products but now we should take the leadership in getting rid of this health threat in its entirety,” said Senator Smith.  

Smith made the announcement in front of his district office.

Southeast Queens Drainage System

Queens lawmaker, other officials briefed by DEP
on plans to combat stormwater flooding in area

Senator Malcolm A. Smith (D-Queens) and other elected officials recently received an update on efforts to address the lack of an effective storm drainage system in Southeast Queens.

The Queens lawmaker attended a briefing by New York City Department of Environmental Protection Commissioner Emily Lloyd in which she updated the progress of actions taken by DEP to fix a problem that could leave the area ill-prepared for future rainstorms and the floods that might follow.

"I was pleased to receive this update on the DEP?s efforts to tackle an issue that affects all residents of Southeast Queens," Senator Smith said. "For too long residents have had to deal with the consequences of inadequate storm drainage systems or no systems at all: flood damage to homes, businesses and cars as well as potential health problems. It is encouraging to hear that there is finally a plan in place that will give this area the drainage system they need."

Senator Smith was represented by Warren Gartner at the briefing. Also in attendance were Assemblymembers William Scarborough and Michelle Titus, District Leaders Archie Stigner and Sulpice Chamblin, Councilman Leroy Comrie and Yvonne Willams, a representative from Councilman Tom White?s office.

Commissioner Lloyd cited poor drainage systems, an increased water table and changing rainfall patterns as the main reasons for flooding in Southeast Queens. Among the solutions put forth by the DEP:

Development of a new drainage plan. Plans for Phase I, including the area east of Springfield Blvd. and south of the Grand Central Pkwy., are expected to be completed this February. In Phase II, consultants will prepare drainage plans for the area west of Springfield Blvd. and east of the Van Wyck Expressway;

Continued construction of storm sewer projects already identified as necessary, including sewer and water main projects in Community Boards 12, 13 and 14, as well as undertaking another $171 million worth of capital projects within the same areas;

Lowering of the water table by building more sewers, increasing output from new, existing and proposed wells and lowering the elevation of a retaining wall at Baisley Pond, thus improving the flow through and out of the pond;

Construction of other large projects, including a storm sewer project on Brookville Boulevard, reconstruction of the Springfield Gardens area and the completion of the sewer system in the Far Rockaway section of the Rockaway Peninsula.

"The commisioner informed us that this will be a long-term project," Senator Smith said. "But when it is complete, it will protect Southeast Queens residents from damaging floods as well as improve the water quality in the area. I will continue to monitor this project as it comes closer to fruition."

Senator Malcolm A. Smith Sponsors Seventh Annual "Send A Vet A Valentine" Program For Veterans at the New York State Veterans Home

The Senator is Seeking Donations of New Clothing,

and Toiletries from the Community

State Senator Malcolm A. Smith (D-Queens), along with HealthPlus, is once again seeking to make Valentine?s Day a little brighter for hospitalized veterans at the New York State Veterans Nursing Home.

The Queens lawmaker is sponsoring his seventh annual "Send a Vet a Valentine" gift distribution program to collect donations that will be provided to the veterans.

"Our nation?s men and women in uniform have made sacrifices for all of us, giving their time and sometimes their very lives in preserving the liberties that we all take for granted," said Senator Smith. "Even as we speak, members of our armed forces are engaged in dangerous missions in Iraq and elsewhere. My sponsorship of this program is a small way to express our gratitude and stand in solidarity with members of our armed forces. Our country?s servicemen and servicewomen need to know how much their contributions and sacrifices are appreciated."

Senator Smith noted that he has been provided with a list of items that veterans would like to receive, which include:

large and extra large sweat pants and shirts, gloves, hats, socks, slippers;

pre-paid calling cards; and

assorted toiletries, combs and brushes.

Donated items should be new. Please refrain from donating alcohol-based products.

"One of the best things about my district is the kind-heartedness and the generosity of my constituents. I hope they will once again join with me in this effort to demonstrate to veterans that they are in our hearts and thoughts both on Valentine?s Day and throughout the year," Senator Smith concluded.

Community residents interested in participating in the program may drop off donations through February 14, Monday through Friday from 9 AM to 5:30 PM at Senator?s Smith?s District Office at 205-19 Linden Boulevard in St. Albans. Interested individuals may also call Senator Smith?s office at 718-528-4290 for further information.

Senate Democrats Hold Public Hearing

on Judicial Diversity December 4, 2006

 Judicial and legal experts offered testimony today at a public hearing on judicial diversity – the first in a series of hearings called for by Senate Democratic Leader-elect Malcolm A. Smith. State Senators Neil Breslin (D-Albany) and John Sampson (D-Brooklyn) served as co-chairs. 

Smith’s first public hearing featured testimony from a varied group of experts, including judges, attorneys, legal scholars, good government groups, law enforcement officials, political party leaders, civil rights organizations and judicial reform advocates.  

Among those offering testimony were: The Honorable Ann Pfau, First Deputy Chief Administrative Assistant of the New York State Office of Court Administration; former State Sen. John R. Dunne, vice-chair of the Committee for Modern Courts; John E. Higgins, Capital District Black and Hispanic Bar Association President, Kathryn Grant-Madigan, president-elect of the New York State Bar Association; and Albany Law School Professor and criminal defense attorney Laurie Shanks.  

Senator Smith, who currently serves as the Ranking Democrat on the Judiciary Committee, noted that the State’s judicial system “does not adequately reflect the gender, ethnic and geographic diversity of our state.” He said a “broad and diverse judiciary would enhance public confidence in our justice system.”  

Breslin, who serves with Smith on the Senate’s Judiciary Committee, pointed out that the State’s 55 Appellate Court judges include only nine women, two African Americans and two Hispanic members.  The State’s highest Court, he said, also lacks diversity. “The seven judges on the Court of Appeals include just one Hispanic member and no African Americans,” Breslin said. “Our judiciary can only benefit from a diverse and varied viewpoint,” Breslin said. “It should not be dominated by any one ethnic, gender or racial group.”  

Sampson, who is also on the Judiciary Committee, said Governor Pataki never, during his 12 years in office, nominated a minority to the Court of Appeals.  “And unfortunately, his record for lower court appointments is just as disappointing,” he said.  “Only a handful of the 305 judges he appointed since taking office were minorities, including four women.  Governor Pataki consistently appointed white male judges from upstate New York to downstate mid-level appeals courts, far more aggressively than any other governor since the court’s creation in 1896.”  

Several participants noted that Governor-elect Spitzer would have an opportunity to appoint three judges to the Court of Appeals within his first 18 months in office. However, a lack of diversity on the lower courts already reduces the pool of experienced minority judges from which appointments to the higher court are made.  

“An important aspect of these hearings is to discuss not just the Court of Appeals, but our entire State Judicial Branch, including the Appellate Division, which is really the ‘back bench’ for selection to the highest Court,” Smith continued.  “We should have a diverse back bench for the top bench.”  

Laurie Shanks, a professor at Albany Law School and partner at the law firm of Kindlon and Shanks, said "A judiciary that does not reflect those who come before it risks losing credibility. A society committed to the rule of law must insure that each individual in that society accepts and believes in the credibility of those who will interpret and enforce the laws. Equally important, each member of society must believe that the interpretation and enforcement is done in a manner that is fair to all. Such a belief is difficult, if not impossible, when the judiciary does not reflect the racial, gender and ethnic diversity of the society."  

Another expert offering testimony, former State Senator John Dunne, who is vice-chair of the Committee for Modern Courts, said it is the Committee’s “long held view that a judiciary which reflects the broad diversity of the state enhances public confidence in the administration of justice."  

Albany City Court Judge Helena Heath-Roland, who is also a member of the Women's Bar Association of the State of New York (WBASNY), said “WBASNY’s mission is to advance the status of women in the legal profession and society, and to promote the fair and equal administration of justice. We  believe that diversity on the bench gives credibility to the notion of, and  is  an  essential  element  for,  ensuring  credibility,  equality and fairness  in  our  judicial  system.   In order to promote diversity on the bench  our  Association  has,  on  both the statewide level and through its local  chapters,  taken  an active role in developing programs specifically designed  to  advance  many  qualified  women  to the bench.”  

Kathryn Grant Madigan, president-elect of The New York State Bar Association, said “Increasing the number of minorities on the bench would cultivate public confidence in the judiciary which, in turn, would strengthen the independence of the courts.  Moreover, a diverse judiciary would result in judicial decisions that reflect insight and experience as varied as New York ’s citizenry. For the public to have trust and confidence in the fairness of the judiciary, it is imperative that the members of the judiciary reflect New York State ’s diverse population.”  

Fifteen years ago, Governor Mario Cuomo created the Task Force on Minority Representation on the Bench (a/k/a the “Task Force on Judicial Diversity”) which found that there was clear evidence of an extreme lack of diversity in the state’s judiciary, and further found there was no shortage of well-qualified minority and women candidates to explain the lack of diversity.  

According to 2001 figures published by the American Bar Association’s Standing Committee on Judicial Independence, only 84 (or 14.6 percent) minority judges out of 574 authorized state-court judges in New York sat on the bench in trial and appellate courts in the state. Of these, 54 (or 9.4 percent) were African-American, 24 (4.2 percent) were Latina/o, 6 (1 percent) were Asian or Pacific Islanders, and none was Native American.   

Although these figures represent a slight improvement over the statistics reported by the Cuomo Task Force, the percentages of African American, Latino, Asian and Native American judges in the state have not kept pace with increases in the state’s minority populations.  

Smith, who will become leader of the Senate Democrats on January 1, will use the testimony of the experts to create a “Blueprint for Judicial Diversity” that could help develop a State Judiciary “that truly reflects the people it serves and protects.”  He said he would convene public hearings in the coming months to gather testimony from advocates and experts.

***MEDIA ALERT***

Statement released by Incoming State Senate Democratic Leader Malcolm A. Smith:

“I am very disturbed about the recent shootings in Jamaica , Queens which resulted in the death of Sean Bell. My sincerest sympathy goes out to the victims’ family as well as his fiancée. I spoken with Mayor Michael Bloomberg and he has ensured me that a full investigation will be taken on the matter. I have also been in contact with Senator- Elect Eric Adams, President of 100 Blacks in Law Enforcement and he has also expressed concerns. I will consult with the family, Queens District Attorney District Attorney Richard Brown and the Mayor and hold a press avail following a meeting that will be held on Monday.”

BIOGRAPHY

Mr. Malcolm Smith, 43, earned his degree from Fordham University in Business Administration with a concentration in Economics. Senator Smith furthered his education with graduate work in economics and Public Finance at Fordham and NYU.   A real estate developer by trade, Senator Smith is no stranger to politics. While the State Senate is Malcolm Smith's first elective office, he has been a senior aide to former Congressman Floyd Flake -- and a Chief Aide to City Council Member Archie Spigner. Senator Smith is also a former executive in  the New York City Mayor's Office of Economic Development and has served as the President of the Neighborhood Housing Services of Jamaica, in Southeast Queens. In addition, he created the Southeast Queens Housing Development Corporation, a not-for-profit corporation designed to purchase, rehabilitate and sell city and HUD owned property. Senator Smith is currently the President and Founder of Smith Development Corporation. 

Throughout his public service, Senator Smith has used his skill at managing and developing residential and commercial projects to benefit the city and its residents. His accomplishments are notable and he is credited with creating several initiatives centered on revitalizing communities and bringing economic development opportunities to residents of the City. His creation of Operation Excellence, a training program for students in real estate development, was a feature story in local television news. As the founder of Smith Development Corporation, Senator Smith has pioneered the renaissance of many neighborhoods in New York City. 

Because of his efforts, Senator Smith was recently honored with the Community Economic Development Award from the New York State Association of Black and Puerto Rican Legislators.  Senator Smith, brings expertise in community revitalization and housing issues, and is interested in equally important matters like health care, education, and economic development. Senator Smith is married to the former Michele Lisby. They are the parents of two children; Julian, 15 and  Amanda, 6.                                        

Standing Committee Assignments 2000: Veterans & Military Affairs (Ranking Minority); Alcoholism & Drug Abuse; Cities; Civil Service & Pensions; Environmental Conservation; Judiciary; Racing, Gaming & Wagering.

You can e-mail Senator Smith at masmith@senate.state.ny.us

or contact him at

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