Queens Tribune
 
....December 16, 6:41 AM
 
 
   
TERMS OF SURRENDER: Legislative Power Grab In Council Could End As More Members Join Ranks Of Dissenters

Above: Tony Avella (l. to r.), John Liu and Joe Addabbo have recently bashed a legislative power grab. Bottom: Tom White and Jim Gennaro (l. to r.) opposed the the overturn during the election

By ANDREW MOESEL

If it were up to the Queens City Council members, there may not be enough votes to push through a piece of legislation that would overturn or extend term limits without a referendum from the people.

Three Queens members in recent days have openly expressed their disapproval of any legislative action that would alter the current two-term limit without consulting the public. Another two have put forward similar statements in the past. Others say it would be a very difficult choice for them to consider overturning the people’s will, even if they have not totally made up their minds.

With Mayor Michael Bloomberg already committing to veto a term limits bill, the council would have to muster two thirds of its members to override. It appears now it could be difficult to reach that number from the Queens delegation.

The Dissenters
In recent weeks, the term limits issue has jumped from the gossip tables of political insiders to the editorial pages of major newspapers, spurred considerably by a debate for Council Speaker where all seven candidates expressed their contempt for term limits – and their desire to overturn them legislatively.

New York City voters passed two referendums supporting a two-term limit, first in 1993 and then again in 1996. The Council then tweaked the rule slightly, passing legislation in 2002 to define the maximum tenure of a Council member as eight years, not two consecutive terms as originally devised.

When the members reconvene in January, the Council likely could consider a bill to be introduced by Gale Brewer (D-Manhattan) that would add one additional term onto the two-term cap, effectively creating a 12-year limit. Although public and media pressure has been growing against such a move, there is still a contingent that is ready to sign on to the legislation, said sources familiar with the matter.

Councilman Tony Avella (D-Bayside) led the charge against this pro-legislation group last week in a letter attacking the “self-interested” motivations of some colleagues.
Since then, Avella said several City Hall staff members have contacted him privately encouraging his stance, and several good government groups have also offered their support.

Writing in response to Avella’s public letter, former Mayor Ed Koch, now a lawyer in private practice, wrote an e-mail to the councilman earlier this month backing his decision, agreeing that the only way to change the existing two-term limit was with the consent of the people.
“I have always believed that term limits should provide for three terms, but only if the people, by referendum, agree,” Koch wrote in the short note, obtained by the Queens Tribune.

Councilmen Joe Addabbo Jr. (D-Howard Beach) and John Liu (D-Flushing) have since followed suit, publicly stating their opposition to any legislation that would extend their own terms.

Although he would like to abolish term limits, Addabbo said he could not in good conscience do so through a legislative act. Since term limits are a creation of the people, the only honest way to rescind them would be to return to the people, he said.

“We work at the behest of the people. We are their representatives,” Addabbo said. “I can guarantee that not any Council members ran on the platform of ‘once elected I will change term limits.’ That did not appear in anyone’s campaign literature.”

In past statements that the Tribune solicited for the November election, James Gennaro (D-Fresh Meadows) and Tom White (D-Jamaica) both said they would not support legislation altering current term limits laws without a referendum. Neither could be reached for comment by press time Wednesday.

“The people have affirmed term limits through two separate referenda,” Gennaro wrote in response to a short survey. “I accept the people’s will on this matter.”

Dennis Gallagher (R-Middle Village) felt uncomfortable either criticizing or committing to a bill not yet before the Council, but said, “It would be extremely unlikely that I would vote on any legislation that would overturn the will of the people.”

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Leroy Comrie (l. to r.), Melinda Katz and David Weprin are all seeking the Speaker position.

Let Them Speak
The seven candidates for Council Speaker have been on the forefront of the movement to bypass the voters on the term limits issue, but the three from Queens have not been as publicly keen on the idea as their opponents.

Leroy Comrie (D-St. Albans) said term limits are harmful to government, but he has not yet made up his mind about whether to pursue a public or legislative route in overturning them – though he favors the latter. If elected Speaker, he said he would hold a series of Town Hall meeting and forums in an attempt to gauge the citizens’ sentiments. He has already been invited to seven civic groups to discuss the topic.

“I’m willing to have an open and frank discussion about it, but I’m not willing to have it used as an election ploy or an election tool,” Comrie said.

David Weprin (D-Hollis) made a concerted effort not to align with his colleagues at a debate at Baruch College several weeks ago, arguing he would not make a decision on the issue until he actually viewed the proposed legislation. At the same debate, Melinda Katz (D-Forest Hills) was more straightforward than the other Queens members about her preference to change term limits through legislation.

The candidates have argued that extending term limits would balance the power between the legislative and the executive body in the city government. At the moment, lobbyists and City Hall officials have more experience and therefore more power to manipulate the system.

While its an important policy point, a referendum would put the public at the mercy of the media and rich financiers like Ron Lauder, who funded the initial drive to institute term limits, some Speaker candidates have said. Sometimes, it’s their job to be unpopular for the good of the government, they argue.

Here Comes the Mayor
Already committed to a veto, Bloomberg said during a radio show this week that if the Council passed legislation extending or abolishing term limits, he would back a ballot initiative overturning the decision. Through the Charter Revision Commission, the mayor has the ability to send issues to the public for a referendum vote.
“It is an outrage if they do this. It is an outrage to just say to the public ‘We don’t care what you think,’” Bloomberg said. “I hope that common sense comes to them, and that they don’t do this.”

That possibility could politically embarrass the Council members who supported the legislation, as groups outside the Council push the issue as a matter of integrity, said Henry Stern, president of New York Civic, a good government group.

As time wears on, being associated with the movement to legislate term limits could become a political liability, causing an increasing number of Council members to put distance between them and the idea, Stern said. The prospect of gaining the 34 votes needed for an override – especially in the face of a mayoral ballot issue – could become slim.

“I predict the attempted coup will collapse, as the plotters desert the conspiracy, once they see it is likely to fail,” he said.

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