New York City voters will be deciding several proposals for City Charter reform on the November ballot -- and I urge all readers of the Gotham Gazette to participate in this year's election. It's crucial that the people's voice be heard on such issues, and we're fortunate that Mayor Michael Bloomberg appointed a city Charter Revision Commission with intelligent, hard-working members who take their job seriously.
But I'm disappointed that voters will not be able to review a more comprehensive list of reforms this year -- changes that could have had a dramatic impact on everything from overcrowded schools and inefficient land use planning to innovative food use policies and the empowerment of our community boards. Indeed, I see this year's charter election as a missed opportunity. We have a mere handful of proposals before us this November, and no indication that a more thorough consideration of local government is in the offing.
With a 21-year-break since the last comprehensive charter revision, there was no need to rush the deliberate process of charter reform. And yet that's essentially what the commission did. It had a rare opportunity to engage New Yorkers in a careful re-thinking of our municipal constitution, but instead focused on getting a package before voters in this election.
>Earlier this year my office released a 76-page report to the New York City Charter Revision Commission, outlining a series of comprehensive proposals for reform. The city could deal with these and other proposed changes and put them on the ballot next year -- but only if the mayor appoints and convenes a new commission. I strongly recommend that he do just that. With proper public hearings and input, we could finally have a long overdue discussion about the future of our city.
There are a number of instances where the current Charter Commission could have proposed action to remedy a problem facing New York but failed to do so. Here are just a few examples:
The Department of Education may simply not be well equipped to do this critical planning, but other city agencies already have the expertise and data to plan. Therefore, my office proposed a charter revision requiring that an agency other than the Department of Education focus on this problem: The Department of City Planning would provide student enrollment projections; the Office of the Comptroller would conduct regular needs analyses on school capacity.
Although borough presidents are meant to be an independent check and balance to the mayor and City Council, their budgets are set and approved by those branches of government. I've proposed a charter amendment granting borough presidents independent budgetary authority, so these elected officials would have a freer hand. Another proposal would allow borough presidents to hire land use counsel to help them beef up planning reviews as they help shape the growth of our city.
These are the kind of proposals that could and should be on the ballot next year, but only if Mayor Bloomberg appoints a new Charter Revision Commission. As borough president, I will continue to fight for meaningful charter reform, so we finally have a chance to tackle long overdue changes in the nation’s largest city. No one knows what needs to be improved in New York City’s government better than the 8 million people we’re supposed to serve. It's time to begin the conversation.
Scott M. Stringer is Manhattan borough president.
(This is the second article in a series of commentaries Gotham Gazette will run between now and Election Day on the charter proposals appearing on the November ballot.)
The issue of term limits has been a political hot potato in this city for the past 20 years. It has pitted the public against their elected officials and done significant damage to our democracy in the process. The latest chapter in this story will take place on Nov. 2 when voters will yet again get an opportunity to decide whether they want their city elected officials to have two or three terms.
That question and a number of others were put on the ballot by a Charter Revision Commission appointed by Mayor Michael Bloomberg this past March. The Charter Commission was created in the aftermath of the controversial decision by city elected officials to extend term limits to three terms in 2008. This action overturned the will of the people as expressed in two public referendums on the subject. In the first referendum, in 1993, the voters overwhelming expressed their support for a two term limit for all city elected officials. Not satisfied with that answer, the City Council in 1996 put another referendum on the ballot that would extend term limits to three terms. The voters soundly rejected that suggestion.
This tumultuous history formed the backdrop for the work of the 2010 Charter Commission. Although the Charter Commission was charged with performing a top-to-bottom review of the New York charter, its first obligation was to address the term-limits question. I was one of the 15 members of the Charter Commission, and ironically, one of the few members who supports the general idea of term limits. However, regardless of their own personal beliefs, most members of the Charter Commission believed that, given the prior referendums and the public outrage over the way things were reversed in 2008, it was vitally important to our democracy for the voters to have an opportunity to settle this issue once and for all.
Although the term-limits issue will appear on the ballot as a single measure -- Question 1 -- actually is comprised of three separate questions, not one. The Charter Commission lumped them together as one question due to space limitations imposed on us by the Board of Elections. (The board has subsequently denied any such limitations, but that's the subject of another story.) The three parts of Question 1 attempt to address the public's request for a final, binding say on the issue of term limits for city officials. My belief is that we went a long way toward accomplishing that goal, but we failed to finish the job.
I believe that we did get it right on the first two parts of Question 1. Part one of the question gives voters the chance to decide whether we should return to a limit of two terms for all city elected officials. If the electorate rejects going back to two terms, then the current three-term limit will be retained. Part two of Question 1 would prohibit the City Council from altering the terms of elected officials currently holding office. This means that council members can only modify the term-limits law for future city officials, and not for themselves. In many respects, this closes the "loophole" that caused so much public outrage in 2008.
But it is part three of Question 1 that sparked the most debate and disagreement within the Charter Commission. That part provides that the proposed change back to two terms would apply only to city elected officials who were first elected at or after the 2010 general election. In other words, all incumbents who are not already in their third terms would be "grandfathered in" and will have the opportunity of serving three terms. Since the next City Council election will not take place until 2013, the two-term limit would not fully take effect until 2021.
It's my contention that this essentially creates a new "loophole" that will only perpetuate the public's lack of faith in government. It is also logically inconsistent with the other parts of Question 1. If we are providing the public with an option of two terms because of the outrage and loss of trust that was engendered by the 2008 change, then why would we extend this questionable windfall?
As stated in a Minority Report that I authored along with two fellow Charter Commissioners, "The 2008 change from two terms to three was made effective immediately. The change back from three to two -- if the voters approve it -- should be no different. Elected officials are not entitled to a certain number of terms. We see no justification for exempting any elected official from the two-term limit, should the voters reinstitute one."
I am not an advocate for government by referendum. We have all seen the chaos it has caused in California. We live in a representative democracy, and it works well for the most part. However, there are some areas of government that are so vulnerable to self-interest and self-dealing that the only way to bring about change is through a public referendum. For example, the City Council can currently raise its own pay. How many people believe it should have that right or that it will ever give up that power on its own accord? Similarly, incumbents will never willingly reduce their own terms, even if it means defying the will of the people who elected them.
That is why despite my own reservations about the effective date of the term limits provision, I strongly support it and urge voters to vote yes on ballot Question 1. It's an important first step toward reversing what happened in 2008 and restoring some of the trust that was lost along with it. Hopefully in the next year either a new charter commission or a public referendum will eliminate the exemption for incumbents and finish the job we started.
Anthony P. Cassino, a lawyer who lives in the Bronx, was a member of the 2010 Charter Revision Commission.
We want and expect our City Council members to be the best and brightest our city has to offer, but it is becoming harder and harder to expect top-of-the-line professionals to choose public service. A recent Gotham Gazette article reported that many City Council members earn outside income, with some making substantial amounts. This suggests that New York City's council members should be full-time city employees. Such a change would go a long way to truly reforming our city government.
Currently, council members make $112,000 per year (I'm one of a handful of council members who doesn't receive a "lulu" for chairing a committee); our city's absurd tax burden just about cuts that in half. I own my home in my district, and that is an expensive undertaking even by New York City standards. By no means am I asking for sympathy, I feel that I’m a lucky one -- I live comfortably, and I'm very thankful for that.
Millions of New Yorkers no doubt pay their bills while earning less than their council member makes. Even though council members do have to disclose their incomes, the salary ranges they report have enormous variation -- sometimes hundreds of thousands of dollars. You could throw a dart at a board with random salaries on it and make a better guess at what your council member earns moonlighting.
Rather than have all this vague disclosure, the city should mandate that council members put in 40-hour weeks to enable them to provide true, full-time constituent services. Along with that, the city should increase the pay for the position. We should have to fill out time sheets just as our subordinates do and account for our time. Of course, some of the members already devote far in excess of a 40-hour week to their districts and the city, and for that, I am grateful.
We need to make an investment in our city's legislative body that will ultimately make the council stronger and more responsive to the people. I consider myself a full-time council member, working over 60 hours a week for District 19. I come to my council office every day and go to every council meeting and attend meetings for six different committees. I meet with community leaders and constituents throughout the morning, deal with office matters and travel around my district and the city to events in the late afternoons and evenings, including weekends. My district office is open on weekends and has a late night each week to better serve the varied schedules of my constituents, and we also are available on the web; I even update my major events and happenings on Facebook and Twitter to keep people informed.
In saying this, I'm not digging for compliments. As I see it, I'm just doing my job. But technically, the role of council member is only a part-time position. Many of my colleagues work full- or part-time elsewhere, and who can blame them? They are accustomed to earning more than their council salaries in the private sector, and it's perfectly legal (assuming they avoid conflicts of interest, of course). And for many, the extra work is necessary to make ends meet.
Making the job full-time would give New Yorkers the complete attention from their elected officials that they deserve, and constituents would notice the difference. Council members would be more active in the community and be more hands-on in addressing their constituents' concerns. Leaders in business, law and other fields would be more inclined to run for public office and the entire city would benefit from the dedication.
Dozens of city department heads make over $200,000 per year, as well they should. They are top-shelf leaders and professionals who run complex agencies, supervising hundreds or thousands of personnel. Executive-level talent will earn at least twice this much, if not far more, in the private sector. And running New York City's bureaucratic, heavily regulated and sometimes archaic government is as challenging as any job you’ll find in the courtroom or on Wall Street.
We've seen the conflicts of interest that occur when elected officials run businesses on the side. For example, former Senate Majority Leader Joe Bruno was taken down by the blurring of the lines between outside income and political influence. It is not even the actual scandal or wrongdoing that will happen no matter how careful we are; a move toward full-time legislators would provide an atmosphere where even the very appearance of impropriety could not survive because influence peddling would have been largely stamped out.
Our public servants would be fully invested in one thing: public service. The time has come to ask our elected officials to make a full time commitment to the city and in turn, have the city make a full time commitment to them. It's about good government, it's about focused leaders -- it's about time.
Daniel J. Halloran, a Republican, represents Queens 19th District in the New York City Council.