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Prominent Elected Officials Oppose De Blasio Charter Revision Proposals


Mayor de Blasio

Mayor de Blasio (photo: Benjamin Kanter/Mayor's Office)


Mayor Bill de Blasio is seeking to make a lasting impact on city governance through a charter revision commission that would transform the city’s campaign finance system, promote greater civic involvement in city affairs, and inject new blood into local community boards. But prominent elected officials, most of whom are Democrats like de Blasio, don’t agree with the proposals the mayor’s commission has put on the November 6 ballot and are urging New Yorkers to reject them.

The mayor’s commission put three questions on the ballot for voter approval through a simple majority. The first would significantly reduce individual campaign contribution limits and expand the city’s public matching funds program; the second would create a civic engagement commission with appointments mostly by the mayor to coordinate citywide participatory budgeting and other initiatives such as interpreting services at polling sites; and the third would impose term limits on community board members and alter how those members are recruited and appointed to ensure greater diversity.

Though the mayor appointed the commission and announced its areas of focus, he was not to have direct say over its final report or proposals, but he did announce support for all three and is now campaigning to see them approved by voters.

“These reforms will go a long way toward strengthening our democracy and limiting the influence of big money in our elections,” he said in a September statement, when the proposals were released. “There's no doubt in my mind that these measures will help us build a more fair and equitable city.” On Sunday, de Blasio spoke at two churches in Manhattan, urging congregants to flip their ballot and decide on the three questions. “[V]ote yes, yes, yes. So we can open up the doors of democracy wide and make this an even greater city,” he said at Bethel Gospel Assembly.

Other elected officials, however, are not so certain, and are expressing somewhat mixed reviews, though many are opposed to community board term limits.

City Council Speaker Corey Johnson, for instance, supports lowering contribution limits and creating a civic engagement commission, but not term limits for community board members. “I don’t think term limits are necessary,” Johnson, a former community boar chair, said in a statement to Gotham Gazette. “These aren’t lifetime appointments. They must be reappointed by elected officials who are term limited. I think that provides enough checks and balances to our community boards, while allowing us to keep the good members with experience and wisdom. It is also our job as elected officials to always be looking to appoint new civic minded leaders who are interested in serving.”

It’s an argument that’s also been advanced by four of the five borough presidents -- only Brooklyn’s Eric Adams supports the term limits question.

Manhattan Borough President Gale Brewer, in fact, led the creation of an independent expenditure committee to oppose both term limits and the civic engagement commission, an effort in which she was joined by Bronx Borough President Ruben Diaz Jr., Queens Borough President Melinda Katz, and Staten Island Borough President James Oddo (Oddo is the lone Republican in the group). “These proposals would be a real—and in some cases dangerous—disruption to the way Community Boards protect our communities,” Brewer wrote in an email to supporters earlier this month, arguing that it could lead to a drain in institutional wisdom and give real estate interests and lobbyists a leg up in discussions about community development. The proposal does include a provision whereby individuals term-limited off of community boards are eligible to serve again after a one-term, two-year “cooling off period.”

“Our community boards are the eyes and ears of our neighborhoods and are often the first line of defense against unwanted projects as well as the initial point of contact between city agencies and our neighbors,” said Diaz Jr. “We should be working to strengthen their role, not strip them of the knowledge and historical focus that makes them so important in the first place.”

Katz said the current appointment process allows “ample opportunity” to pick diverse candidates “for a dynamic mix of talent,” while Oddo worried that the “one-size-fits-all solution” could have unintended consequences.

Adams, however, has argued, “While institutional knowledge is valuable, a reasonable term limit for Community Board members will allow the best of both worlds: institutional knowledge and new voices.”

On expanding the campaign finance system, however, only Adams and Oddo have publicly opposed the question among the borough presidents, though for different reasons. “[Brooklyn BP Adams] opposes the campaign finance reform measure because it doesn’t go far enough as he believes in 100 percent public financing,” said an Adams spokesperson. Oddo, on the other hand, has been a staunch opponent of public financing and simply said, “Hell no!” about proposal one.

Spokespeople for Katz and Diaz Jr. did not respond to requests for comment about the campaign finance reform proposal.

[Read: Brewer Creates Committee to Oppose Charter Revision Proposals]

Comptroller Scott Stringer also opposes the second and third questions while supporting the first on campaign finance reform. “The City must take a serious look at our Charter — it’s critical to tackling the important issues facing New Yorkers,” he said in a statement. Stringer has laid out his own exhaustive plan of charter proposals to the 2019 charter commission, a separate one from the mayor’s that was created through City Council legislation that is taking a far broader look at the city’s governing principles. 

Stringer added, “I support the first initiative because we need a campaign finance system that does everything it can to engage New Yorkers and help people run for office. I oppose proposals 2 and 3 which will weaken communities’ voices in shaping their own development.”

At an October 31 news conference at City Hall, Gotham Gazette asked Speaker Johnson if he would urge the 2019 commission to reverse community board term limits if they should pass. Johnson said he would not. "I think it's important to lice by the will of the voters," he said.  

A spokesperson for Public Advocate Letitia James did not provide her stances despite multiple requests for comment, one of which was acknowledged.

Among a few rank-and-file City Council Members, reception of the proposals seems to be mixed. Council Member Brad Lander, a Brooklyn Democrat, for example, supports all three proposals and has in particular been advocating for the creation of the civic engagement commission -- Lander had proposed the idea through legislation and presented it to the commission.

“I truly believe these ballot proposals give us an opportunity to do something important to strengthen our local democracy: To improve our campaign finance rules. To turbo-charge civic engagement. To expand participatory budgeting city-wide,” he said in an email blast to supporters, calling on New Yorkers to pledge their support.

Manhattan Council Member Ben Kallos, also a Democrat, is backing all the proposals as well. Kallos has been a staunch campaign finance reform advocate and the first question would partially achieve what he has in the past tried to do through legislation, to expand the amount of public funds given to candidates running for office. “Democracy in New York City will finally get better,” he said in a September 6 statement, if the first question is passed, “reducing contribution limits and making small dollars more valuable by matching more of them with a greater multiplier.”

City Council Member Jimmy Van Bramer, a Queens Democrat, is also urging a "yes" vote on all three proposals. City Council Member Jumaane Williams, a Brooklyn Democrat, has expressed support for the campaign finance proposal, but a spokesperson did not respond to a request for his positions on the other two.

On the other end, there’s Council Member Helen Rosenthal, again a Manhattan Democrat, who opposes all three measures. “The spirit of the first two proposals is positive and some of the substance is even promising, but each raises significant concerns to the point where I cannot support them,” she said in a statement to Gotham Gazette. Also noting a criticism that was raised when the mayor first announced his commission, she added, “Of course, all three proposals could be implemented through the current legislative process.”

Even government reform groups appear somewhat split on the ballot proposals. Reinvent Albany is advocating for all three. “Reinvent Albany believes a YES vote on these ballot measures will collectively amplify the voice of everyday New Yorkers and create new opportunities for injecting fresh perspectives into the public debate over how to make our city better for everyone,” the group said in an email blast on Monday.

Citizens Union, another good government advocacy organization opposes the proposal for a civic engagement commission, supports community board term limits, and has not taken a position on the campaign finance question.

***
by Samar Khurshid, senior reporter, Gotham Gazette
     

Read more by this writer.

Note - This article has been updated with additional comment from City Council Speaker Corey Johnson and Council Members Jimmy Van Bramer and Jumaane Williams.   

The Week Ahead in New York Politics, October 29


New York City Hall

New York City Hall


What to watch for this week in New York politics:

Tuesday will mark just one week until Election Day, November 6. This week is set to feature several debates for statewide officers -- see details below -- and will include a frenzy of near-final campaign efforts, including last-minute advertisements, mailings, press conferences, and so on.

Catch up on all of Gotham Gazette’s election coverage.

Be ready to vote on the three ballot proposals that will be questions posed to New York City voters on Election Day.

See your ballot via this election guide from Gotham Gazette, WNYC, City Limits and other partners.

This week isn’t only electoral politics, of course, as there are a variety of City Council hearings and other government and policy-related events -- see our day-by-day rundown below. This week also begins with New Yorkers continue to mourn and react to the massacre of 11 Jewish people at a synagogue in Pittsburgh. There may also be more news this week related to the recent attempted bombings of prominent Democratic figures and CNN, some of which took place in New York.

***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***

The run of the week in detail:

Monday
Mayor Bill de Blasio has no public events scheduled for Monday.

Monday is the sixth anniversary of Hurricane Sandy hitting New York.

At the City Council on Monday:
--The Committee on Transportation will meet at 10 a.m. for an oversight hearing regarding “parking regulation in New York City,” as well as to discuss several proposed laws relating to parking regulation, including laws to require DCAS to “develop an off-hour delivery plan,” “increasing the penalties for certain commercial vehicles parked overnight on residential streets,” and “waiving parking violations when a parking sign is illegible.”
--The Committee on Cultural Affairs will meet at 10 a.m. to discuss several resolutions, including designating Rosa Parks Day, adding Roberto Clemente’s death site to the National Register of Historic Places, and several resolutions recognizing Polish achievements.
--The Committee on Veterans will meet at 1 p.m. for an oversight hearing regarding “ensuring veteran access to city-administered services,” as well as to discuss a proposed law relating to “additional reporting requirements for the Department of Veterans’ Services.”
--The Committee on Public Safety will meet at 2 p.m. to discuss several proposed laws related to sexual harassment, including one to require all NYPD officers to receive “sensitivity training” for responding to victims of harassment and assault.

At 2:30 p.m. Monday, Comptroller Scott Stringer will deliver remarks at “Getting to Equal: The Disability Inclusion Advantage” at the New York Stock Exchange. At 5:30 p.m., Stringer will host a “Unity Vigil with National Action Network, Elected Officials, Faith and Community Leaders in Solidarity with Pittsburgh” in Grand Army Plaza, Brooklyn.

At 6 p.m. Monday, the Regional Plan Association will host “Designing the Future of the Tri-State Region,” discussing the role of “architecture, landscape architecture, and urban design” in the Fourth Regional Plan. RPA’s Senior Fellow for Urban Design Robert Lane will moderate a panel consisting of Adam Frampton, President of Only.If; Juliette Michaelson, RPA’s Executive Vice President; and Kobi Ruthenberg, Associate Director in Urbanism at ORG Permanent Modernity. The event will take place at the AIA Center for Architecture in Greenwich Village.

At 6:30 p.m. Monday, Schools Chancellor Richard Carranza will hold a town hall meeting for CEC5 parents at PS 154 in Harlem. Carranza will be joined by Manhattan Borough President Gale Brewer.

On Monday at 7 p.m., Comptroller Tom DiNapoli and Republican challenger Jonathan Trichter will debate on NY1, moderated by NY1’s Errol Louis and Spectrum News’ Liz Benjamin. [Watch the first State Comptroller debate among DiNapoli, Trichter, and the two other candidates who will be on the ballot, Green Party nominee Mark Dunlea and Libertarian Cruger Gallaudet]

Tuesday
At the City Council on Tuesday:
--The Committee on Public Housing will meet at 10 a.m. for an oversight hearing regarding “NYCHA development and privatization.”
--The Committee on Health will meet at 10 a.m. to discuss several proposed laws relating to water tank inspections.
--The Committee on Women will meet at 10 a.m. to discuss a resolution urging the state to pass the Reproductive Health Act.
--The Committee on For-Hire Vehicles will meet at 11 a.m. to discuss a proposed law relating to “for-hire vehicles and commuter vans with a seating capacity greater than 20.”
--The Committee on Governmental Operations will meet at noon to discuss a proposed law to allow “the use of campaign funds for certain childcare expenses.”
--The Committee on Education will meet at 1 p.m. for an oversight hearing regarding “fair student funding,” to discuss proposed laws creating a task force on “fair student funding” and “requiring a single reporting bill on department of education spending allocations, including fair student funding, for schools citywide,” and to discuss a resolution “calling upon the New York City Department of Education to factor in poverty as a weight in the Fair Student Funding formula for schools beginning at fourth grade or later.”

At 8 am. Tuesday, the Association for a Better New York will host Republican gubernatorial nominee Marc Molinaro for a “Power Breakfast” at the Mezzanine at 55 Broadway. Molinaro “will discuss his vision for New York State.”

At 9:15 a.m. Tuesday, Public Advocate Letitia James "delivers remarks at Lower Eastside Service Center's (LESC) 4th Annual Breakfast Fundraiser."

At 10 a.m. Tuesday, the Board of Standards and Appeals will hold a public hearing at 22 Reade Street.

At 10:30 a.m. Tuesday, the Joint Commission on Public Ethics will meet in Albany.

"Comptroller Scott M. Stringer will release a new report tomorrow at 11 AM detailing how New York City is still lagging behind on spending with minority and women-owned business enterprises (M/WBEs). Joined by business owners and advocates Comptroller Stringer will call for a Chief Diversity Officer in each City agency and in City Hall as part of Charter revision." At 6 p.m., Stringer will deliver remarks at the New America Alliance Access to Capital Forum and Reception.

At noon on Tuesday at the Bronx County Building, "Bronx Borough President Ruben Diaz Jr. and the Jewish Community Relations Council of New York, along with elected leaders, clergy, court officials, community organizations and others will host a prayer vigil to support the Jewish community and stand united against hatred. The event comes in response to the weekend’s mass murder at the Tree of Life Synagogue in Pittsburgh, which left 11 worshippers dead."

At 1 p.m. Tuesday, several advocacy organizations, including Vocal-NY, JustLeadershipUSA, Court Watch NYC, Color of Change, and others, will hold a rally outside Queens Criminal Court in Kew Gardens to voice opposition to Queens District Attorney Richard Brown as “uniquely punitive” practices by his office.

At 1 p.m. Tuesday at City Hall, "dozens of New York City students, the Urban Youth Collaborative, and members of the New York City Council will hold a joint press conference at City Hall to expose shocking racial disparities in public school suspensions and call on the Mayor de Blasio and Schools Chancellor Carranza to make immediate reforms. This press conference follows a new Independent Budget Office (IBO) report finding Black students are suspended for longer in 8 of the 10 most prevalent offenses and for twice as long for 3 of those offenses in New York City public schools."

At 1:30 p.m. Tuesday, the New York City Board of Elections will hold a commissioners’ meeting.

At 2 p.m. Tuesday at Bronx Borough Hall, "Bronx Borough President Ruben Diaz Jr. will honor seven New York Police Department officers that took steps to assist a fatally wounded father and helped prevent the death of a five-year-old boy during a recent incident in The Bronx."

At 3:30 p.m. Tuesday, City Council Speaker Corey Johnson and Manhattan Borough President Gale Brewer will deliver remarks at West Side Community Fund Event, at Holy Apostle Church.

At 6 p.m. Tuesday, the Panel for Educational Policy will hold a meeting at the Michael J. Petrides School in Todt Hill, Staten Island.

"On Tuesday, First Lady Chirlane McCray will attend the Rikers Halloween Family Event."

On Tuesday evening, American Planning Association NY Urban Design Committee at WXY Studio will host on a discussion about planning in New York City and whether the city needs a “comprehensive plan.” Gotham Gazette editor Ben Max will give opening remarks based on a recent Gotham Gazette article on the subject, followed by a panel discussion including City Council Member Brad Lander; Celia Weaver of New York Communities for Change; Michelle de la Uz of Fifth Avenue Committee and a City Planning Commissioner; and Maulin Mehta of Regional Plan Association, moderated by Jee Mee Kim of HR&A Advisors. “The panelists all value long-term strategic planning for growth and represent a range of professional experiences and viewpoints. The panelists will discuss what constitutes a comprehensive plan, the pros and cons of a comprehensive plan, and why New York needs or does not need a comprehensive plan. The discussion will touch on public participation in the planning process, neighborhood development, capital spending and regional planning.”

At 6:30 p.m. Tuesday, WeWork and Politico NY will host a forum at the WeWork at 500 7th Ave in Midtown, discussing the two charter revision commissions, “the process behind each, the proposals from the mayor’s commission that will be on the ballot this November, and how the city council’s commission is progressing in its public outreach as it prepares proposals for next year.” Politico NY’s Rosa Goldensohn will moderate the panel consisting of Cesar Perales, the Chair of the Mayor’s Commission; Betsy Gotbaum, Executive Director of Citizens Union; and Dr. Lilliam Barrios-Paoli, a member of the Council’s Commission.

On Tuesday at 6:30 p.m., "Brooklyn Borough President Eric L. Adams will share his personal experience with domestic violence as he celebrates courageous Brooklynites who overcame their own journeys against abuse at his fourth annual “Surviving and Thriving” Day of Empowerment, an event recognizing Domestic Violence Awareness Month for hundreds of local survivors of abuse and supportive Brooklynites. The program, which will include remarks by the commissioner of the Mayor’s Office to End Domestic and Gender-Based Violence, Cecile Noel, and the deputy commissioner of the New York City Commission on Human Rights, Marissa A. L. Jackson-Sow, will focus on successfully moving forward from abuse. Activities will include personal safety demonstrations, a resource fair, mini-makeovers, and children’s fare. Survivors will discuss how they combated domestic violence and how they are currently founders and CEOs of their own businesses and organizations."

At 7 p.m. Tuesday, "Mayor de Blasio will host a tele-town hall on the Charter Revision Commission ballot proposals."

Tuesday night may see a debate at 7 p.m. between Attorney General candidates Letitia James, the Democratic nominee and currently New York City Public Advocate, and Keith Wofford, the Republican nominee. The debate has been scheduled to take place on NY1, but James may not participate depending on the status of the labor dispute between Spectrum News, which owns NY1, and IBEW electrical workers, Local 3.

"Central Synagogue clergy, alongside Cardinal Dolan and a wide representation of New York religious leaders, will host an Interfaith Prayer Vigil with Governor Andrew Cuomo, on Tuesday October 30th at 8:15 PM. We come together in solidarity following a week of violent hate crimes, including the deadliest assault on the Jewish community in U.S. history. The service will bring together interfaith members from across the state who will gather to honor the victims of the attack and join Governor Cuomo in his call for peace and civility."

Wednesday
The City Council will hold a stated meeting at 1:30 p.m. Wednesday. Speaker Corey Johnson will likely host a pre-stated press conference at 12:30 p.m.

Also at the City Council on Wednesday:
--The Committee on Finance will meet at 10 a.m.
--The Committee on Housing and Buildings will meet at 10 a.m. to discuss proposed laws relating to “single-occupant toilet room requirements,” “carbon monoxide detectors in commercial spaces,” and fire protection systems.

At 8 a.m. Wednesday, Crain’s and Tech: NYC will host “The Future of NYC Tech Summit: How far it has come and what’s next for the industry” at Convene in East Midtown, discussing the tech industry’s role and prominence in New York City, and its potential. Brooklyn Borough President Eric Adams will deliver a keynote address, and the CEOs of New York-based startups such as WayUp, AppNexus, and New Lab will participate in panels.

At 10 a.m. Wednesday, the City Planning Commission will hold a public meeting at 120 Broadway.

At 5 p.m., Wednesday, the week’s Max & Murphy show will air on WBAI radio, at 99.5FM or wbai.org, featuring interviews with several candidates for statewide office, including Michael Sussman and Mark Dunlea, the Green Party nominees for attorney general and comptroller, respectively.

Thursday
At the City Council on Thursday:
--The Subcommittee on Zoning and Franchises will meet at 9:30 a.m.
--The Subcommittee on Landmarks, Public Siting, and Maritime Uses will meet at 11 a.m.
--The Subcommittee on Planning, Dispositions, and Concessions will meet at 2 p.m.

At 9 a.m. Thursday, City & State will host the “Politics of Food Summit” at Baruch College, discussing “all forms of food programs, sustainability and policy issues in New York.” Brooklyn Borough President Eric Adams will participate in a one-on-one discussion regarding healthy living. Other speakers will include Manhattan Borough President Gale Brewer, Consumer Affairs Commissioner Lorelei Salas, Human Resource Administration Commissioner Steven Banks, City Council Members Ben Kallos, Donovan Richards, Rafael Espinal, and Helen Rosenthal, Senators Luis Sepulveda and Liz Krueger, Assemblymember Linda Rosenthal, and Rachel Sabella, Director of No Kid Hungry New York.

At 6:30 p.m. Thursday, Manhattan community boards are hosting an “educational town hall” at PS 59 in Midtown, discussing the three questions that will appear on the November 6 ballot. The panel will consist of City Comptroller Scott Stringer, Manhattan Borough President Gale Brewer, City Council Members Ben Kallos and Brad Lander, Charter Revision Commissioner John Siegal, and attorney Rachel Harding; and will be moderated by Gotham Gazette editor Ben Max. [Read: Mayoral Charter Revision Commission Puts Three Questions on November Ballot]

At 6:30 p.m. Thursday, Staten Island Borough President Jimmy Oddo will hold a town hall meeting on the Staten Island Ferry at Curtis High School on the North Shore. Representatives of city agencies such as the Department of Transportation, Department of Consumer Affairs, NYPD, and others will join Oddo to answer commuters’ questions related to the ferry.

At 6:30 p.m. Thursday, the New York City Bar Association will host a discussion on the “legal and policy changes” that will have to accompany the legalization of marijuana in New York City. Kristin Jordan, the chair of the “cannabis practice group” at Newman Ferrara, will moderate a panel consisting of City Council Member Donovan Richards; Preston Niblack, the City’s Deputy Comptroller for the Budget; Axel Bernabe, Assistant Counsel to the Governor for Health; and attorneys Steven Epstein, Jerome Levy, and Joseph Levey.

On Thursday evening at 6 p.m., the League of Women Voters of New York State will host a gubernatorial debate, with four of the five candidates who will be on the ballot -- all but Gov. Cuomo -- committed as of October 28: Stephanie Miner, Marc Molinaro, Howie Hawkins, and Larry Sharpe. The debate will be moderated by the League's Laura Ladd Bierman, with panelists including Susan Arbetter of The Capitol Pressroom, Josefa Velasquez of Sludge, and Ken Lovett of The Daily News. The debate will be live-streamed on Facebook and other platforms.

Friday and the weekend
Mayor de Blasio may make his weekly appearance on WNYC’s The Brian Lehrer Show at 10 a.m. Friday.

This will be the final weekend before Election Day, full of final campaigning and get out the vote efforts. Catch up on all of Gotham Gazette’s election coverage.

***
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).

***
by Ben Brachfeld and Ben Max
@GothamGazette

Council Member Uses Campaign Funds to Sue City, Raising Questions


city cm mark gjonal 5 emil cohen

City Council Member Mark Gjonaj (photo: Emil Cohen/City Council)


Bronx City Council Member Mark Gjonaj is using two campaign accounts to fund a lawsuit against New York City, raising questions about how candidates can spend their campaign money.

Over $17,000 from Gjonaj’s 2017 and 2021 City Council campaign accounts have gone to pay Dunnington, Bartholow, & Miller, a law firm representing then candidate Gjonaj in a suit where he is listed as the lead plaintiff against the City of New York, according to campaign finance records through July 2018.

Then a state Assembly member, Gjonaj initiated the suit during his campaign for City Council two weeks before the Democratic primary, alleging that the Bronx was overburdened with more homeless shelter and mental health patient beds, more so than any other borough. Specifically, the complaint argued that the Bronx pays more than its “fair share,” which is a provision in the city Charter providing for shared responsibility across the five boroughs for some of the most burdensome facilities.

The case has lasted for more than a year, and state court records show that Gjonaj switched attorneys in February to the firm of Edmond Pryor, his senior government advisor, according to LinkedIn. Gjonaj’s 2021 campaign account closed Dunnington, Bartholow, & Miller’s tab with a $9,372 payment in the latest filing over the summer.

City and state election law holds that campaign expenditures should be campaign-related. City elections are overseen by the Campaign Finance Board (CFB), where most of its regulations exist for candidates who opt-in to the board’s highly-praised matching funds program. Candidates who opt in get subjected to higher scrutiny and tighter rules as part of the deal for accepting public money.

It is unclear if the lawsuit constitutes campaign activity, with Gjonaj apparently pushing the boundaries by using campaign funds for a lawsuit that does not appear directly related to the act of running for office.

“I can’t see any way that funding a lawsuit with no relevance to a campaign can be a legal use of campaign funds, whether the candidate is participating in the matching funds program or not,” said election attorney Sarah Steiner. “The NYC Campaign Finance law is clear that campaign funds may be used only to defend matters related to campaign activity, and not at all to bring lawsuits.”

The CFB offers little guidance on these specific circumstances. For candidates who do not opt in to the matching funds program, there are fewer restrictions because they are not using public funds.

Council Member Gjonaj, a Democrat, did not opt in to the matching funds program, self-funding much of his past campaign, during which his campaign spent roughly $1.3 million, a record sum for a City Council campaign. The CFB rules document a wide variety of legal and illegal expenditures, but only if the candidate is using public funds. Nonparticipants are still subject to CFB jurisdiction and certain rules, and campaigns are audited by the CFB.

Two-thirds of all citywide candidates opted into the program in 2017, with 89 candidates, including Gjonaj, not participating. Many nonparticipants were incumbents facing limited or no competition who preferred to spend campaign funds by looser rules, at times to support government activity like participatory budgeting, though one Council member paid to air his own weekly radio show.

In 2016, the CFB changes were made, loosening some spending rules and adding one specific measure of oversight to police expenditures beyond those relating to matching funds. The rule states that the board monitors a non-exhaustive list of factors to check if campaigns are acting in bad faith, including “whether the campaign has demonstrated a pattern of making other expenditures not in furtherance of the campaign or impermissible post-election expenditures.”

A representative from the CFB told Gotham Gazette that it has not completed its cycle of audits of city campaigns where specific incidents can be investigated.

“Per CFB policy, we will not provide comment on issues associated with any candidate’s regular post-election campaign audit until after it has been completed,” said Eric Friedman, Assistant Executive Director for Public Affairs for the CFB, in a statement.

Gjonaj’s suit itself had a lot to do with the planks of his campaign, and he was glad to use those raised funds to pursue his agenda, according to his office.

“From public safety to recreational funding, Councilman Gjonaj made the case throughout the 2017 campaign that the Bronx wasn’t getting its fair share. It was a message that Bronxites inherently understood and rallied behind on Election Day. He’s a fierce advocate for the Bronx, and if he has to go to court to protect our community from City Hall’s unfair policies, he will, as he did,” said Reginald Johnson, Chief of Staff to Gjonaj, in a statement.

The Bronx Council member’s lawsuit, where several other Bronx community and business leaders are also listed as plaintiffs, calls for the city to halt further construction of homeless shelters in the Bronx and to release indexes to measure “beds to population.”

“The disproportionate number of Residential Facilities sited in the Bronx interferes with and causes damage to Bronx community residents; interferes with the community's use of public resources; and has subjected and will continue to subject the community, including plaintiffs, to significant hazards and risks to health, safety and property,” reads the complaint.

The city has sought to dismiss the suit, arguing that the plaintiffs do not cite a specific enough harm beyond the community at large.

Because Gjonaj filed his suit as a candidate and as a private individual, he is not subject to regulations handed down by a State Supreme Court judge in February. That ruling found that City Council members cannot sue the city in their official capacities because members are supposed to be represented by the city’s Law Department, which is already representing the city.

The CFB allows for suits from candidates to be paid for with public funds when the campaign’s eligibility for public funds is challenged in court. While Gjonaj’s suit relates to policies of his campaign, he is not subject to the same rules as those using matching funds and there are no specific city rules pertaining to his situation.

“It sounds like the lawsuit relates to governmental policy but was not brought in connection with his holding of office or campaigning for office,” said Jerry Goldfeder, a special counsel with Stroock & Stroock & Lavan LLP, specializing in campaign finance law. “As such, it is not proper to use campaign funds for such legal representation.”

***
by Jake Shore for Gotham Gazette
  

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