Letitia James and Corey Johnson (photo: Gotham Gazette)
Two former speakers of the New York City Council -- Melissa Mark-Viverito and Christine Quinn -- are on the list of possible contenders for a potential vacancy in the office of public advocate should the current occupant, Letitia James, win the post of attorney general in this fall’s elections. But it’s the sitting Council speaker, Corey Johnson, who will get to do the job first if that scenario came to pass.
James is competing against three other Democrats to win the party’s primary nomination for attorney general on September 13. She has been the presumed frontrunner for months, with the blessing of Governor Andrew Cuomo and the state Democratic Party, though one of her opponents, Fordham Law professor Zephyr Teachout, has picked up strong momentum and several prominent endorsement in recent weeks.
If James prevails in the primary then the general, assuming she is sworn in an attorney general at the start of 2019, it would trigger a nonpartisan special election to be held roughly 51 days later. And for those seven weeks or so, the City Council speaker would assume her duties.
Under Section 44 of the City Charter, in the event of a vacancy in the public advocate’s office, “the speaker shall act as public advocate pending the filling of the vacancy pursuant to subdivision c of section twenty-four, and shall be a member of every board of which the public advocate is a member by virtue of his or her office.”
It would be the first time since the creation of the office of public advocate and the current office of the speaker, through a charter revision in 1989, that the clause would go into effect. It’s unclear how the speaker would approach the dual role, even in the interim, as he would both lead his 51-member legislative body and large central staff, and, as the title suggests, an office that advocates for the interests of everyday New Yorkers and keeps a watch on the functions and failures of city government. Both Johnson’s and James’ offices declined to comment for this article. Johnson has endorsed James for attorney general.
“If you get a vacancy, you want to get it filled by someone. Elections are gonna take a long time. A short time but a long time,” said Eric Lane, the Eric J. Schmertz Distinguished Professor of Public Law and Public Service at the Maurice A. Deane School of Law, Hofstra University. Lane served as executive director and counsel to the 1989 charter revision commission, which overhauled the structure of city government and created the positions that James and Johnson now hold.
“We definitely didn’t want the mayor to make that appointment,” Lane said, explaining the thinking behind the line of succession for public advocate. “In an intensely administrative government, where the mayor holds so much power, it’s the public advocate’s function to be a watchdog on that power.” The public advocate is also next in line to the mayoralty if a sitting mayor is removed from office or unable to carry out his or her duties.
The public advocate was formerly known as the City Council president, but the position’s powers were stripped by the 1989 commission through the creation of the City Council speaker. The commission then decided to retain and re-envision the public advocate’s office in its current form, Lane said. “It was, in some ways, the least significant, most controversial topic we considered in the 1989 commission,” he said, noting that there was hotly-contested debate over the necessity of another citywide office. The rationale behind it was two-fold, he insisted. To have another set of independent eyes on the city bureaucracy and to allow minority communities to have a more participatory role in city politics.
Given the public advocate’s connection with the City Council, it then made sense for the vacancy to fall to the speaker. “We could’ve appointed the comptroller,” Lane conceded, “but at the time, we thought it would be more consistent with what the Council does. The Council had a relationship with that office, historically.”
[Read: Potentially Crowded Public Advocate Special Election Could Feature Two Former Council Speakers]
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
The Charter Revision Commission (photo via Charter Commission)
After months of meetings and deliberations, thousands of suggestions and dozens of hours of public hearings, the charter revision commission created by Mayor Bill de Blasio voted to put three broad questions on the ballot in November. If approved by voters, the proposals would significantly reduce campaign contribution limits in city elections, create a new agency to civically engage the public, and apply term limits and appointment reforms to community boards.
De Blasio created the commission to review the city charter with an eye on reducing the impact of wealthy donors and special interests in electoral campaigns and drawing more New Yorkers to participate in elections and civic life. The 13-member commission largely stuck by that mandate, though it did consider and reject other significant proposals including independent redistricting of City Council districts and instant runoff voting, also known as ranked choice voting, which the mayor does not support. (A separate City Council-created charter revision commission is also beginning public hearings this month and could possibly take up the issues left unresolved by the mayoral commission. It will recommend ballot questions in 2019.)
On Tuesday, the members of the mayoral commission met for the final time, at the New York Historical Society west of Central Park, to approve their final report and three “yes” or “no” questions that will be put to voters on the November 6 general election ballot.
“Our job was to try to figure out what could make our city more just, more fair and more democratic and then to put it on the ballot to see if New Yorkers wanted the city to be run in this new fashion,” said Cesar Perales, chair of the commission, on Tuesday. “That’s what we did. I think we did that well and it’s going to be up to the voters in November to determine whether or not these things would be better for our city.”
The first question proposes expansive reforms to the campaign finance law and the city’s public matching funds program, which incentivizes grassroots fundraising by matching the first $175 of every eligible campaign contribution at a 6-to-1 ratio for candidates who choose to participate in the program.
The proposal would reduce contribution limits for participants from $5,100 to $2,000 for citywide candidates, from $3,950 to $1,500 for candidates for borough president, and from $2,850 to $1,000 for City Council seats. The proposed limits for those who choose not to opt in to the program are $3,500, $2,500 and $1,500 respectively.
The proposal also increases the matching ratio to 8-to-1 for the first $250 raised by a citywide candidate and for the first $175 raised for all other seats. It would increase the cap on public funds disbursements from 55 percent to 75 percent of the spending limit for a seat, while also doling out the funds earlier in the election cycle.
There was some clear disagreement about how the new campaign finance rules would be applied. A majority of commissioners agreed that candidates should be able to choose to abide by the new rules for the next citywide primary in 2021, and that the rules would be mandatory thereafter.
Two of the commissioners, John Siegal and Wendy Weiser, disagreed with that implementation plan, though both voted to approve the question. “I do not think it is wise public policy to have a situation in which regulated parties get to make the decision as to whether they will or will not follow new regulations,” Siegal said. “I cannot think of another situation in which a regulatory agency has been put in that position. I do not think its necessary. I actually don’t think there’s any benefit to it.” He did, however, hold out hope that candidates would see the benefit of voluntarily participating, since the lower contribution limits would be accompanied by potentially more public funds.
“While I do share the concern about having a choice, I am heartened by the assurances that this is really unlikely to come to pass,” Weiser said, “that everyone is really likely to follow the new system. It is the one that makes much more sense.”
Carlo Scissura, the commission secretary, was the sole dissenting voice on the campaign finance question. He conceded that the commission published an “overall great report” but has in past hearings expressed doubts about increasing the taxpayer contribution by creating a larger public matching funds program. “I wish that on the campaign finance, that we took a little different approach but it does reflect the will of what we heard and the will of the majority of the commission,” he said.
The second question, which was unanimously approved, would create a new 15-member Civic Engagement Commission, with eight appointed by the mayor -- including the chair and executive director -- two by the City Council speaker and one each by the five borough presidents. The mayor would have to appoint at least one member from each of the city’s largest and second-largest political parties, which, likely in perpetuity, means Democrats and Republicans.
Among the roles the commission would play are administering a citywide participatory budgeting program starting in 2020 (it’s currently employed by City Council members in dozens of districts); providing interpreters at poll sites; working on civic engagement with advocacy groups and nonprofit service providers, with a particular eye on outreach to limited English-language speakers; and providing annual reports on progress on those fronts. The proposal also allows the mayor to delegate more powers and responsibilities to the commission.
The notion of an Office of Civic Engagement has recently been pushed forward by City Council Member Brad Lander, who has introduced legislation to create one. If approved, the charter revision creation of such a commission would appear to negate Lander’s legislation. The Brooklyn Council member testified to the commission about the idea of creating a civic engagement body and has held his legislation as the charter commission proceeded with its work.
The most controversial proposals the commission is putting on the November ballot deal with community boards, the most local form of city government. The third question would establish staggered term limits for community board members, to reduce mass simultaneous turnover. Those members appointed or reappointed on or after April 1, 2019, would be allowed to serve four consecutive two-year terms; those appointed on April 1, 2020 may serve five terms; and those appointed after that would again only serve four terms.
The commission also recommended changes to the appointment process, to make it consistent across the five boroughs and to promote diverse membership. The civic engagement commission, if passed, would also be tasked with providing technical assistance to community boards, particularly urban planning expertise and language access. Eleven commissioners voted in favor of the question, while Commissioner Angela Fernandez abstained from the vote.
The commission’s final report was also approved unanimously, and the questions will be delivered to the City Clerk to place on the ballot, giving the commission two months to educate and inform New Yorkers that they’ll be able to choose more than just candidates in November, when New Yorkers will be voting largely on state-level elected positions, including for Governor and members of the state Legislature.
“These reforms will go a long way toward strengthening our democracy and limiting the influence of big money in our elections,” Mayor de Blasio said in a statement. “There’s no doubt in my mind that these measures will help us build a more fair and equitable city.”
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette
Christine Quinn, center, & Melissa Mark-Viverito (photo: City Council on flickr)
The September primary election is just over one week away and if New York City Public Advocate Letitia James wins the Democratic nomination for attorney general over her three primary opponents, she will be a significant favorite to win the position in November owing in large part to the state’s Democrat-heavy electorate. No Republican has won statewide since Governor George Pataki captured a third term in 2002; it’s been far longer for a Republican attorney general.
James winning the nomination will likely kick-off, in earnest, a mad scramble by several sitting and former elected officials who may seek to replace her through the at-that-point nearly certain special election for her citywide seat. Among the stronger potential contenders discussed in Democratic circles are two former speakers of the New York City Council -- Melissa Mark-Viverito, who led the body until last year, and Christine Quinn, her predecessor.
[Read: James Victory in Attorney General Race Would Trigger Citywide Special Election]
While they come from different wings of the New York Democratic Party, both Mark-Viverito and Quinn are firebrand politicians in their own right, and both made history in their respective ascensions to the speakership.
Quinn, a Democrat who represented parts of the lower west side of Manhattan, became the first openly gay and first female speaker in 2006, presiding over the 51-member legislative body for two four-year terms. For the last three years, since being term-limited out of office and losing in the 2013 mayoral primary, she has served as president and CEO of Women in Need (WIN), a nonprofit that provides services to homeless women and children. Some Democrats and others have criticized Quinn for her close working relationship with Mayor Michael Bloomberg, including the effort to extend term limits, which allowed Bloomberg, Quinn, and others to seek a third term in 2009 despite public disapproval. She is currently a close ally of Governor Andrew Cuomo, who appointed her vice chair of the New York State Democratic Committee.
Mark-Viverito, a Puerto Rican native who represented a district that includes East Harlem and part of the south Bronx, became the Council’s first Latina speaker in 2014, pushing a broad agenda of criminal justice reform, immigrant protection, police accountability and affordable housing. In January, she became a senior adviser at the Latino Victory Fund PAC, a group that supports Latino candidates for elected office. As speaker, Mark-Viverito was at times criticized for her close relationship with Mayor Bill de Blasio, a fellow progressive Democrat, and she has been an outspoken critic of the governor, endorsing his primary opponent, Cynthia Nixon. Mark-Viverito is one of a relatively small group of prominent Democrats that is backing Nixon for governor and James for attorney general.
After a New York Law School panel earlier this month, Quinn did not deny having an eye on the office of public advocate. “We have to get Tish James elected and that’s what I’m focused on and also let’s not forget the Lieutenant Governor, Kathy Hochul, we have to get reelected,” she told Gotham Gazette, when asked if she had considered running for public advocate in the event of James’ ascension to attorney general. “Right now, I am focused, most importantly, on running WIN and helping the homeless families that we serve...and then in my spare time, so to speak, among other things, I’m helping candidates and friends run for office. So that’s what this summer and fall is about.”
Pressed further, she simply repeated the statement. “That’s what this summer and fall is about.”
Mark-Viverito is slightly less circumspect about her own political future. “I’ve been consistent in saying that I’m really proud of the record that I have accomplished and the issues that I’ve championed and what we’ve been able to get done in the city of New York,” she told Gotham Gazette in a recent phone interview. “I’m not gonna close the door on looking at possibilities in the future if other positions or other opportunities became available...So if there is an opportunity that presents itself, I will definitely be taking a look at that. And I feel strongly that Tish will win so we’ll have that conversation later.”
She emphasized that she brings a strong perspective to policy-making as a Latina representing a low-income community. “I think that’s something that we consistently need to have in positions of authority in the city,” Mark-Viverito said. “And I believe my record speaks for itself and I look forward to being able to continue to serve this wonderful city.”
The special election, if there is one, would take place in March, assuming James is sworn in January 1 and vacates her current seat. Special elections for public advocate are nonpartisan, and each candidate would have to run on their own unique political party ballot line. The winner would then have to run for the seat again in a primary and general election later in 2019, if that person wants to keep the position.
There are several others who have either been floated as candidates or have signalled an interest in becoming the city’s ombudsperson, a post also considered a strong launching pad for a mayoral bid as de Blasio illustrated. They include sitting City Council Members Rafael Espinal, Ydanis Rodriguez, Ritchie Torres, and Joe Borelli, the only Republican among them. All of them but Borelli will be term-limited out of office in 2021. State Assemblymember Michael Blake is another potential candidate, as are Republican attorney J.C. Polanco and Columbia professor David Eisenbach, who both challenged James when she was up for reelection last year -- Eisenbach in the primary and Polanco in the general. Eisenbach has already officially filed papers with the New York City Campaign Finance Board.
“I think the position obviously has a lot of potential,” said a Democratic consultant who spoke on the condition of anonymity. “It has different potential than being the City Council speaker where you’re not just responsible for yourself, you’re responsible for 50 other members, hundreds of staff, dozens of appointments here or there. It’s a different set of responsibilities and in the hands of someone who understands the levers of government, who understands the bully pulpit and is sort of willing to take bold steps, it can be a very strong position.”
The public advocate can act as more than just a “counterweight to the mayor,” the consultant said. “That person also can establish themselves as someone who is also driving the agenda for New York, and that’s something we haven’t really seen since Mark Green,” the person added, referring to the city’s first-ever public advocate, who served from 1994 to 2001.
Espinal, a Brooklyn representative, said in an email, “I’m seriously considering it, and whether to launch a campaign will come down to the positive energy and support from New Yorkers.”
A spokesperson for Rodriguez, whose district covers neighborhoods in upper Manhattan and a small section of the Bronx, said, “[Council Member Rodriguez] is committed to supporting Public Advocate James in her run for attorney general as she is the most qualified in the race. Should there be a special election for public advocate, he would consider running for that seat.”
Torres, in a statement through a spokesperson, said, “I am still thinking about it and where I would be most effective. I’m debating which position would allow me to be a better advocate for the city.” The Bronx Council member is also said to be looking at a run for Congress or Bronx borough president.
Borelli also said he was considering a run for public advocate, though he conceded that it would be tough to retain. “It’s possible to win a special, but it will be difficult for a Republican to win the following November,” he said in a text message.
When asked about Quinn and Mark-Viverito both running, he said, “Each would be formidable.”
Shortly before a primary debate among the four Democratic attorney general candidates on Tuesday, Assembly Member Blake told Gotham Gazette he was watching closely in case James’ seat becomes vacant. “She’s gotta win first, but it would be irresponsible not to be looking at it,” he said about considering a run. “First and foremost, this is brand new terrain for all of us. The possibility for a citywide special election is unique to say the least...Out of respect for everybody in the field, this is a moot point unless [James] is the attorney general, and we’re gonna be respectful of that.”
He added, “As I tell my team often, proper preparation prevents poor performance. So you’re just ready, and if that opportunity presents itself, we have some serious decisions to make.”
Blake, who is a vice chair of the Democratic National Committee, was the campaign manager for 2013 public advocate candidate Reshma Saujani, giving him some recent experience with a citywide race. He was then elected to the Assembly in 2014.
No current elected official would have to give up their seat to run in the special election, but, if victorious, would then have to vacate their position to become public advocate.
As Borelli alluded to, one effect of numerous Democrats entering the fray is that they could split the vote in what will likely be a low-turnout special election, offering up an opportunity for a Republican to claim victory.
Polanco, the attorney and former public advocate candidate, recognizes that opening. Having run for the seat just last year, he has certain advantages. “Whoever is gonna come from our side, there has to be just one candidate,” Polanco said in a phone interview. “We’re small enough as it is. Even in a non-partisan race, you’re gonna need organizational support. So the organizations have to line up behind one candidate from the beginning in order for us to have a shot.”
Polanco noted that the nonpartisan aspect of the election is “always good for democracy, always good for participation,” since voters won’t necessarily make choices along party lines. But he also echoed the risk for any sitting Republican elected official who might run, as Borelli noted. “Do you give up your Council seat for that? I don’t know whether that’s a good gamble or not, especially if you have three years left on your Council seat,” Polanco said.
Polanco also weighed in on the potential contest between two former Council speakers, saying Quinn would be the “ultimate” candidate. “She’s the most qualified of the candidates on that side running,” he said. “But I think the Democratic Party of today is more along the lines of Melissa Mark-Viverito. The Ocasio-Cortezes of the world, the democratic socialists, are getting momentum. She represents that faction. We can’t kid ourselves.”
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette