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Newsletters 2007
December
Betsy Gotbaum This Week
December 26, 2007
Real People, Real Problems, Real Results
An aggrieved Manhattan businessman contacted my office with a $4,141.59 problem: Someone had stolen a rarely-used mobile phone from his Union Square office, but the man didn't discover the theft until a 29-page phone bill arrived. It listed $2,662.02 in unauthorized calls, most of them overseas. When the man called the mobile phone company to cancel the number, he was told that $1,479.57 in additional charges had not yet been billed.
Unlike credit card companies, the phone company had no early-warning system that notified customers of unusual activity. It insisted that he was responsible for the entire bill. He had theft insurance, but it covered only the cost of the phone, which amounted to less than $100.
On his behalf, my staff contacted the president and CEO of the mobile phone company. A month later, we received word that the man would be given a $4,141.59 refund.
MTA Fare Increase Off Track
The decision by the board of the New York City Metropolitan Transit Authority (MTA) to raise transit fares is completely off track. Fare increases should be the last resort, not the first impulse.
The board owes it to the millions of working New Yorkers who ride subways and buses every day to get serious about saving money. Last July, I called for a comprehensive review of MTA spending to try to derail the proposed fare hike. A thorough review of all expenditures might have cut unconscionable MTA waste and averted the increase. I'm dismayed that, prior to conducting a full financial review, the MTA board proposed and then passed a fare hike. The board needed, and still needs, to take a long, hard look at the way it manages money.
Toy Manufacturers, Retailers Must Review Products, Protect Consumers
I joined City Comptroller William C. Thompson Jr. last week in demanding that five major retailers and toy makers take steps to minimize consumer exposure to imports that may be toxic or otherwise hazardous. This action, in the form of shareholder resolutions, was taken on behalf of New York City Pension Funds. I'm on the board of directors of the New York City Employees’ Retirement System.
Keeping children safe is one of the most basic and important things we can do. With millions of toys having been recalled this year, the need for more stringent protections is obvious. By urging companies to report on the safety of products they sell, the pension funds help shareholders get the best return on their investment. Businesses that prevent recalls avoid irreparable harm to their corporate image.
I'm proud that, once again, the pension funds lead the way in shareholder activism. Shareholder proposals were filed with JC Penney Co., Home Depot Inc., Mattel, Inc., Target Corp. and Wal-Mart.
Checklist for Staying Out of the Hospital
As reported in the Wall Street Journal, health experts have assembled a checklist for hospital patients who are about to be discharged. It's sound advice, and I wanted to share it with you:
-- Get involved in decisions about a post-hospital care plan
--Make a follow-up doctor's appointment, including a transportation plan
--Ask for an emergency contact name and telephone number
--Understand how to obtain and take medications
--Ask about potential side effects
--Ask what symptoms might signal new risks
--Make sure a doctor or nurse has answered your most important questions.
Betsy Gotbaum This Week
December 17, 2007
Real People, Real Problems, Real Results, Case #1
An exasperated Queens woman contacted my office because of ongoing problems with Access-A-Ride (AAR). Having no family to help her, the woman, a senior, was greatly in need of AAR to travel to medical appointments in her home borough. At one point, she said, she enjoyed city-wide AAR benefits. But then MTA New York City Transit, which administers the program, revoked approval for her AAR service in Queens, the very borough she needed most. During the lengthy appeal process, the woman called my office, and my ombuds staff intervened on her behalf. After numerous phone calls, we arranged for the woman to receive AAR benefits in Queens through January.
Real People, Real Problems, Real Results, Case #2
A frustrated Bronx property owner contacted my office after spending more than two fruitless years trying to resolve a problem with the city Department of Health (DOH). During that time, he said, "no one seemed to understand, nor wanted to help me." Every two months, the man said, a DOH inspector examined a trash-filled, unsanitary vacant lot behind his building, then issued a violation. Problem is, the man doesn't own the vacant lot. "I have gone to court three times. Each time the case is dismissed," the man said. My staff contacted DOH on his behalf, and the misdirected notices of violation have stopped. The man wrote to thank me and to praise Ralph Perfetto, the ombuds staffer who intervened with DOH.
If You Suspect Child Abuse, Say Something
After the tragic beating death of Tkai Marcelle, 3, I renewed my call for the city Administration for Children's Services (ACS) to strengthen efforts to encourage New Yorkers to report suspected child abuse. In many cases, neighbors, friends and family suspect abuse but fail to tell authorities until it's too late. Most tragedies don’t happen without warning signs. After Tkai's death, neighbors acknowledged that they had heard screams at all hours. They also said that the father seemed “on the edge.” One neighbor admitted, “I probably could have prevented this.”
The rule is simple: if you see child abuse, hear child abuse or suspect child abuse, say something.
I've sounded this alarm before: I wrote ACS in August, 2006, calling for an awareness campaign to encourage reporting suspected child abuse.
I'm also renewing my call for an independent Office of the Child Advocate. This office would provide permanent, real-time oversight of the child welfare system, including ACS and contract agencies. And it would help increase accountability in the child welfare system.
To report suspected child abuse, call the State Central Register for Child Abuse and Neglect at 1-800-342-3720. If the child is in immediate danger, call 911. If you believe reports of suspected child abuse have gone unanswered, please call my office at 212-669-7250.
Smaller Classes, Teacher Retention Go Hand in Hand
An argument was put forth last week that retaining strong teachers in public schools is preferable to reducing class size. Fact is, teacher retention and smaller classes go hand in hand. Can we realistically expect to retain gifted teachers if they are overburdened by 35 to 40 students? Advocates are exactly right to push for smaller classes. They understand that this is one of the best ways to keep well-qualified teachers in the system and to increase parental involvement. Ultimately, it's the students who benefit. Studies clearly show what leads to student achievement: a blend of smaller classes, strong teachers and committed parents and communities.
Betsy Gotbaum This Week
December 3, 2007
Child Fatalities Increase in Homeless Shelters; New Response Unit Needed
Last week I recommended that ACS establish a new shelter division within the unit of Child Protective Services. This new unit would be able to respond quickly to reports of abuse and neglect within the city’s homeless shelters. Children in these shelters are dying at an alarming rate -- and one common denominator is that nearly all their families had a history with the city Administration for Children's Services (ACS). Between 2004 and 2006, 20 children in city shelters died in suspicious circumstances. Only two of the 20 lived with families that had had no prior contact with ACS. The other eighteen families had parents who had been investigated for abuse or neglect in the past, were currently being investigated by ACS or had been maltreated when they were children.
Child welfare has been a cornerstone of my tenure as public advocate, and it is imperative that we take common-sense steps to protect vulnerable children. The new shelter division would be staffed by child protective specialists who would consult with veteran law enforcement officers. If coordination between ACS and the city Department of Homeless Services improves, if city agencies are given tools and personnel to stop abuse and if high-risk families are identified, we can create the kind of real-time accountability that saves children’s lives. A news release on this critically important matter is posted here.
Loopholes in State Law Allow Retailers to Retain Millions from Gift Cards
Retailers are taking advantage of loopholes in New York State law that allows them to rake in hundreds of millions of dollars in profit for unredeemed gift cards bought by New Yorkers. In 2004 alone, about $300 million flowed back to retailers. Retailers skirt the law by incorporating in states that do not require the return of unclaimed gift card funds. They also fail to collect personal information from purchasers, thus avoiding having to return the balance to purchasers or to the state where they reside.
Consumers need better protections. The law needs tightening. For my news release on this important issue, click here.
Financial Literacy Essential for All Graduating High School Students
Last week I called on the city Department of Education to implement a mandatory high school financial literacy curriculum that includes lessons on budgeting, investing and the hazards of credit card debt. Financial competency has become especially critical given the sub-prime mortgage meltdown and the record number of foreclosures facing New Yorkers. Yet while some city schools offer courses on financial literacy, programs are offered on a school-by-school basis, leaving many students without the basic knowledge to make smart financial decisions.
It's critical for high school students to know how to make informed decisions about money before they enter college or the workforce. A sound financial literacy curriculum should include instruction in basic money management -- such as opting for a checking account rather than a high-fee check cashing center; the importance of a credit rating; and concepts about investing, saving for retirement, and insurance.
Finally, learning such basics as the hazards of high-interest credit cards before they are inundated with offers would help many students avoid a dangerous cycle of debt. For my full statement on this matter, click here.

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