Reliant and the EPP

[Buzz]

There's a reason I put these two topics under one post. Reliant yesterday reached a tentative agreement with 1181 to a 1-year contract. Being their last contract expired at the end of June last year, the new contract will expire, likewise, at the end of next month.

The company would not go for a longer contract due to the uncertainty of their future here in the city. Though I read that they were again getting a $42 million grant from the city this year, I was told that it is not yet certain. The only other way they could afford to stay in business here is with an EPP.

Believe it or not, the EPP is not dead yet. You'll remember that sometime last year a state judge put the kibosh on the city's move to put out contracts for bid with the EPP. The city, union and companies involved appealed her decision. I came across an article yesterday that the appeal failed back in December (who knew?). You can read the appellate court's decision here ... https://law.justia.com/cases/new-york/appellate-division-first-department/2018/7833n-152673-18.html .

However, the city council, (which is 100% behind the EPP), is working with the state senate on a new bill for the EPP. It is likely that the house would pass such a bill so, again, the only problem would be Cuomo.

What is different with this bill is that the city is willing to pick up more of the cost of the EPP then that which he previously vetoed. Hopefully the third (or is it the fourth?) time will be a charm.

We'll see.

[LMR]

Thank you Buzz.Good info

[PROUD MEMBER]

So correct me if I'm wrong but are you basically saying that nothing has changed since Bloomberg took the EPP away. Meaning that deBlasio and the City Council are behind us and the EPP as we've been told for a few years now ... BUT!!!!!

[Buzz]

So correct me if I'm wrong but are you basically saying that nothing has changed since Bloomberg took the EPP away. Meaning that deBlasio and the City Council are behind us and the EPP as we've been told for a few years now ... BUT!!!!!

Basically correct. And as for the "BUT!!!!!" ... deBlasio tried putting runs out for bid last year BUT some companies who are against it, (because they want Reliant out), took it to court and won ... initially and upon appeal.

Have to admire Michael's tenacity on this ... he's not giving up!

[PROUD MEMBER]

I applaud Michael but I still don't understand that if deBlasio is for the EPP and truly believes that it will save or is at least just as cost effective for the City (then without the EPP), why he doesn't or can't just reinstate it like Bloomberg discontinued it.

[Buzz]

I applaud Michael but I still don't understand that if deBlasio is for the EPP and truly believes that it will save or is at least just as cost effective for the City (then without the EPP), why he doesn't or can't just reinstate it like Bloomberg discontinued it.

But he DID ... or tried to anyway. He put work out for bids WITH the EPP. The companies that are against it took it to court. The woman state supreme court judge sided with those companies, i.e., against the EPP. The case was appealed by the city, union and Reliant but the appellant court upheld the state supreme court's decision.

[PROUD MEMBER]

 Ok if you say that is how it went down. That a judge overruled the Mayor's decision about the EPP then my next curiosity question is ... When Bloomberg took it away did a judge have to approve it first and if not or if so, did 1181 take it to court at THAT TIME saying that Bloomberg was wrongful in his decision? I don't recall that happening. Please refresh my memory.
Lastly, after you answer that, if Cuomo is against the EPP and deBlasio has tried to get it back and a Judge said NO and then the Appellate Court upheld that Judge's decision just exactly how is there still a glimmer of hope for the EPP???
Don't get me wrong, I hope that the EPP still has a chance but this has been going on for 5 or 6 years now and I just want the answer to my questions in black & white I and all Members can understand. Don't beat your head over it. I will ask Michael at the nomination meeting but obviously it will be better if I had more of an understanding just exactly where we are before I approach him.

[Buzz]

Holy shit! You should have been a fucking lawyer! LOL!

I'll try to answer your questions to the best of my recollection, though I don't remember all the minute details.

When Bloomberg took it away did a judge have to approve it first and if not or if so, did 1181 take it to court at THAT TIME saying that Bloomberg was wrongful in his decision?

Bloomberg did not need a court's approval to eliminate the EPP as it was never a law, just an "agreement" ... the Mollen Agreement ... not much more than a gentleman's agreement. However, he did already have the backing of the courts in doing so. But we have to back up a few years to understand that, read on:

In 2006 Pre-K contracts shifted from the responsibility of the DOT to the DOE. In 2008 L&M and other bus companies took the DOE to court to prohibit future bids from going out with the EPP. The city lost, appealed the decision, and lost the appeal. (1181 was not actually a party in the city's case, I believe, but did file an "amicus brief" with the court which supported the city's case for the EPP.)

In 2012 Scumberg put Pre-K work out for bids without the EPP. His ability to do so had already been decided in court several years prior as described above so there would be no basis for a court case at this time. The results was our strike.

... if Cuomo is against the EPP and deBlasio has tried to get it back and a Judge said NO and then the Appellate Court upheld that Judge's decision just exactly how is there still a glimmer of hope for the EPP???

I explained this in the post that started this thread but will repeat it.

"... the city council, (which is 100% behind the EPP), is working with the state senate on a new bill for the EPP. It is likely that the house would pass such a bill so, again, the only problem would be Cuomo.

What is different with this bill is that the city is willing to pick up more of the cost of the EPP then that which he previously vetoed. Hopefully the third (or is it the fourth?) time will be a charm."


This is why there is still a "glimmer of hope."

Hope this answers your question(s).

(And I pity Michael when you get in his ear!  )

[PROUD MEMBER]

I figured out the answer to this Dilemma. We're gonna have to send Fritz up to Albany to have a talk with Cuomo!!!!

[Buzz]

I figured out the answer to this Dilemma. We're gonna have to send Fritz up to Albany to have a talk with Cuomo!!!!

Yeah, that should do it. And he'll get reparations for certain drivers besides! 

[LMR]

You guys need therapy 🥴😳😊