PUBLIC TESTIMONY
Testimony by Hayden Brockett, Volunteer from New York Clean Air Collective
2:16:03
·
4 min
Hayden Brockett, a volunteer from the New York Clean Air Collective, testifies in opposition to Intro 941, which proposes changes to the Citizens Air Complaint Program. He emphasizes the program's effectiveness in reducing idling and criticizes the DEP's characterization of citizen reporters as being motivated by money.
- Brockett shares personal experience of how the program reduced idling in his neighborhood
- He expresses concerns about the DEP's ability to fairly enforce the proposed code of conduct in Intro 941
- Brockett argues that Intro 941 would give the DEP commissioner too much power without proper oversight, potentially violating First Amendment rights
Hayden Brockett
2:16:03
Thank you, Chairman general.
2:16:04
My name is Hayden Brockett.
2:16:06
I live on the upper west side with my family, 2 sons, and my wife.
2:16:10
I'm a union member, a lawyer, and a former federal prosecutor.
2:16:14
I'm also a volunteer as part of the nonprofit New York clean air collective, which represents the 25100 ordinary people who work in the citizens' air complaint program.
2:16:26
Chairman Genero today, we join with the NRDC, the League of Conservation Voters, the New York Civil Liberties Union, the New York lawyers in the public interest, and dozens of citizens who are here today and are gonna testify on Zoom and who cannot make it today because they are busy.
2:16:43
We all oppose intro 941.
2:16:46
I can tell you personally how this program works.
2:16:50
The stretch of Broadway outside my home used to have merchants fleet trucks, delivering for Amazon, idling all day, every day.
2:16:59
But thanks to me, my kids and many other reporters, these trucks shut off overnight.
2:17:04
That is exactly what these citizens want.
2:17:07
When commissioner Agarwal comes here and slanders us and says that we are in it for the money, let me be clear.
2:17:14
We want the idling program to be put out of business because we want idling to stop.
2:17:19
We also, I personally have testified to you, Chairman General, about how the air inspectors need to be paid more money, There's 65 of them total.
2:17:28
15 review air complaints.
2:17:30
I agree.
2:17:30
There should be way more.
2:17:32
They should be paid more.
2:17:33
Period end of story.
2:17:36
Unfortunately, I'm a former federal prosecutor, and I'll in my 30 seconds remaining, I'll tell you that the DEP cannot be trusted to enforce the code the speech code that they have asked for and that you currently have an insurer 941.
2:17:50
Why?
2:17:51
I'll tell you that of the five people, he was wrong before, he said 4, there were that they have prosecuted judges at oath have tossed those false statement allegations, finding them completely untrue.
2:18:03
Why?
2:18:04
Because those people made mistakes.
2:18:06
If 941 goes forward, people will have chilled participation because they will be prosecuted for making mistakes.
2:18:12
That is not how it works in America.
2:18:14
And I I just I only mentioned that because we want to do the right If
James F. Gennaro
2:18:20
time has expired,
Lincoln Restler
2:18:21
I
James F. Gennaro
2:18:22
I wanna ask you I I wanna ask you to finish your point to put it on the record.
Hayden Brockett
2:18:29
Thank you.
2:18:30
There is just one example, someone who submitted his first complaint ever, and he happened to be in a different time zone than the eastern time zone when he submitted it in the DEPs website introduced an error.
2:18:42
He told the DEP about it, and they charged him with making a false statement when it was obviously a misstatement.
2:18:48
I cannot believe I even have to tell you this.
2:18:50
Chairman Genero, an otheering officer heard it.
2:18:54
And tossed that charge immediately, but it spent 1000 of dollars and man hours in stress for him to have to do something to fix the the DEP had done itself.
2:19:03
I'd bring that up because it is relevant to 941.
2:19:06
Right now, 941, as written, will make the DEP commissioner, judge, jury, and executioner with no oversight from this counsel, and no oversight from the judicial officer.
2:19:16
That is not how we need to do things in America.
2:19:19
The Adams Administration has proven that with respect to oversight of this program, it is abusing its authority.
2:19:25
I hate to have to say that, but it's absolutely true.
2:19:28
And I'd be willing to work with you more about the specific I have tried to meet with chairman excuse me, with commissioner Agarwala about that.
2:19:35
He told me to my face that he's not gonna put any positive changes into this program unless and until he gets a code of conduct, which is opposed by the New York CIVIL LIBERITY IS UNION BECAUSE THAT'S NOT How THE FIRST AMENDMENT WORKS.
2:19:48
WE GET A RIGHT TO VOTICIAN, THE GOVERNMENT FOR REDRESS OF WRONGS, AND THAT'S GUARANTIED IN THE FIRST AMENDMENT.
2:19:54
IF THERE'S BAD ACTORS, IF THERE ARE UNKIND THINGS THAT ARE SAID, That shouldn't happen.
2:19:59
It should not happen.
2:20:00
But the answer is not a speech code.
2:20:02
Thank you so much for your time.
James F. Gennaro
2:20:03
Thank you.
