A Break From Politics, Sailing The Chesapeake;
And Thank You Henry!

By MICHAEL SCHENKLER

Henry Stern is one of our City’s treasures. He served as Park’s Dept. commissioner for some fifteen years under both Democratic and Republican Mayors. He was a City Councilman for nine years — the only one ever elected on the Liberal line. He is an attorney with an analytical view towards City government. He’s independent — amazingly so! He’s single-handedly renamed almost 10,000 of our City’s movers and shakers. He’s eccentric and an awful lot of fun. He’s very bright; writes very well and tackles those topics that this political scribe often thinks needs tackling.

And while I spent a three-day weekend sailing in Maryland, Henry penned a column to fill my space. He selected four topics and has educated us all on each of them and shared his take on these four major governmental decisions.

I spent the time with Lil and Allison aboard the good ship “Infinity” sailing the Chesapeake with my sister Carole, brother-in-law Gil and niece Debbie — the sailing side of our clan.

The trip down and back, the good food, the hours on the water and time visiting Annapolis, Maryland’s quaint Capital - left no time for column writing.

So a big “thank you” to Henry.

Another big thanx to Carole and Gil who gave me almost three entire days without work — I can’t remember the last time.

And to my regular readers, some advice: we all deserve a break. If I can spend a three-day weekend without politics, news and business, you too can take a break, relax and enjoy. That’s what summer is for.

Happy sailing.

HISTORIC VICTORY FOR GAYS;
BUDGET POSTPONES REALITY;
SCHOOLS TO GAIN FUNDING;
AQUI NO SE HABLA INGLES.

By HENRY STERN

The last several days have seen important decisions by the Federal, State and City governments with respect to human rights and education. 

First, the Supreme Court held that the states could no longer punish private, consensual, non-commercial sex between adults, no matter what the gender of the parties or how they fulfill themselves or their partners.

Second, the New York State Court of Appeals invalidated the State’s current system of financing public education. Schools are often funded by property taxes, with rich districts having more money to spend than poor ones.  Therefore it is believed that their students receive a superior education.  The Court gave the State a year to find a better solution to the problem.

Third, the Mayor and Speaker agreed on a City budget.  It provides some spending increases, anticipates a substantial budget gap in 2004, and counts on an improving economy to reduce the deficit.

Fourth, the Mayor and Chancellor seem to have abandoned their efforts to abolish social promotion and bilingual education, systems which, along with special education, have left in their wake hundreds of thousands of children, aged out of the school system, unable to read or write in the English language.

The Supreme Court decision is of remarkable and historic importance and June 26, 2003 will be known as a red-letter day, particularly in the years it falls on a Sunday — the day of the gay rights parade.  (The first such year is 2005.)  The decision is in fact an expression of social values, as Justice Scalia points out grimly in his dissent.  The Constitution, of course, does not mention sodomy, but its preamble states as one purpose “to secure the blessings of liberty for ourselves and our posterity.”   Definitions of “liberty” change with succeeding generations.  When the Constitution was ratified in June 1788, human slavery was an accepted practice.  The times, they are a changin’.

It is particularly satisfying that the opinion was written by Justice Anthony Kennedy, an appointee of President Ronald Reagan, and concurred in by Justice Sandra Day O’Connor, another Reagan selection.   Their decision reflects a massive change in public feeling over the years, not a left-wing conspiracy.  Remember, this is the same Court that decided Bush v. Gore in 2000.   

The New York State Court of Appeals decision on a 10-year-old case is meant to break a legislative logjam, where arguments of greed and self-interest have been cloaked in principle. It makes sense for the judges to step in to require the legislature to re-examine educational financing, as many states have already done.  The Court wisely gave New York a year to reform; let’s see what the triumvirs who rule us (Pataki, Silver, Bruno) come up with.

The city budget for fiscal 2004 marks another year of spending every penny you have or intend to borrow, and taking pride in that. The Mayor raised his own budget by $90 million to gain credit for restorations the Council would have made anyway.  In “negotiations” the Council added another $115 million, but why worry?  If the money is there, it will be spent, if not, the budget will be reduced mid-year, as has happened in each of the last five years. 

United States Supreme Court Justice Owen J. Roberts, who served on the Court from 1930 to 1945, said that a Supreme Court decision was like “a restricted railroad ticket, good for this day and train only.”  That statement is even more applicable to New York City budgets, which are often mere expressions of optimism and goodwill, intended to gratify or, at least, placate constituencies.

One of the weaknesses of this administration is its inability to find cost savings other than by service reductions, or if they do find them, not announcing them for people to savor. 

Forty years ago, the position of Deputy Mayor — City Administrator was created under Mayor Wagner, pursuant to the Cahill charter.  The office withered in the Lindsay administration, and was subsequently swallowed by the Bureau of the Budget.   This is a task that the Independent Budget Office could usefully perform; it would save the City far more than the IBO’s own $2.7 million budget.

The education news is even drearier; retreat on social promotions, abandonment of immersion (an important part of candidate Bloomberg’s educational program defined as teaching in the language of the country in which you live, or another country if you know your own language and want to visit there). There are as yet no major moves in special education, which covers children with physical and emotional problems.  Social promotions, bilingualism (133,000 students) and special education (120,000 students) are three sacred cows that conceal massive failure.

The Chancellor has been tough on the United Federation of Teachers for playing the race card and rushing into court.  Randi Weingarten’s harsh allegations did not result in her members’ inclusion in the restoration package.

Other pressure groups, acting more privately, have more purposefully preserved their profitable public pastures of privilege and self.

Under Chancellor Joel Klein, education has had more wholesome structural change than any other agency.  Perhaps the Department of Education has temporarily exhausted its capacity for initiative, doesn’t want to bite off more than it can chew, or is under the influence of the $245,000 deputy for instruction, whose resume is long because her tenure in each city is short.  Klein is able, dedicated and a fine lawyer. However, we expect the most from those who have done the most, because we know they are capable of doing even more.

Henry Stern can be reached at: starquest.nycivic.org

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