....June 23, 1:15 PM
 
 
   
Shame On You, Giff Miller: Abusing Public Funds

By MICHAEL SCHENKLER

Shame on you, Giff Miller!

You’ve used the office and power of Speaker of the Council, and the money of the New York City taxpayers, to send out scores of mailings that are clearly part of your Mayoral campaign. It’s public money for political purpose.
You’ve taken previously questioned gray areas between public office and campaign activity and crossed that dark chasm into an area of putrid ethics showing a disregard for the people of our City, their money, and the institution of government.

Sure you’re bright and glib and will have answers – we’ve been there before – but we see it as black and white. The people see it as black and white. Most of the Councilmembers this paper has talked to are afraid to state their opinion on the record because they fear retribution in the form of budget cuts from you.

I’m sure you’ve had advice of counsel. I’m sure you’ve been advised that the mailings were vague enough to fall into the “official business” category and you could win in court. I’m sure your team of City-paid-for lawyers will defend— probably effectively — your abuse of City funds for campaign purposes.

Leadership, Giff, is not shown by those who skirt the law or sink to the depth of moral decay. Leadership is not only about getting the message out “legally” at someone else’s cost. Leadership is about integrity, moral standards and providing our city with a belief that public service is a proud calling. Sadly, you and your like regularly reinforce the ugly notion that public service is only about money and power. You’ve done us all a disservice. You’ve done yourself a disservice.

The people are too smart to choose the Democrat in a field of four who most effectively bends the rules to benefit himself. The people will reject you spending their money to achieve your ends. The people will reject your offensive mailings just like many of the Councilmembers are rejecting them – behind your back.

Let me explain the mailings – we’ve seen several.

With or without the permission of the elected Councilmember, you mailed to their constituents a four-page piece which looked just like a political mailer with your name first and large and printed more often than the Councilmember’s name. Your picture was on the cover page larger than theirs and yours appeared four or five times to their two. The copy inside criticizes the Mayor and lauds the performance of you and the Councilmember. The last line sign-off looked just like a campaign slogan and not a message of government.

Some members were asked for permission to use their names on the mailings. Some were not. You used “central staff” money from the City treasury. In at least one case, you sent the mailing using the name of one Queens member who was not asked permission. He intends to file a complaint with the Campaign Finance Board.

For the moment, we shall keep the names of the Councilmembers we spoke to confidential. Many are concerned about the upcoming funding to their districts which you control. Isn’t democracy a wonderful thing when our Council Speaker provides City money to those districts whose Councilmembers sing his praises and sanction unethical mailings, while he punishes those districts whose Councilmembers uphold higher ethical standards and honestly speak their opinion?

Here are comments from some of the Councilmember we’ve received so far:

•“I found out about it when I got boxes sent to my office with the extra copies.”

• “It does look like campaign literature. . . This infuriates me.”

•“Comes out of central staff budget of City Council.”

•“They didn’t show me the end product even though I asked.”

• “Each and every budget year we have done mailings.”

•“[If asked] I would have said ‘absolutely not.’”

•“He did three pieces in my district. He put my picture and my name on them.”

•“How dare he do that?”

•“We were approached and the mailing was sent out”

•“Should not have been done without member’s consent.”

•“[They were] careful enough to be budget oriented.”

•“They asked if they could. I said yes. . . Didn’t affect anything we did.”

•“As two other members have told me happened with them, I told staff, OK, but I wanted to see it before it was printed. The next thing I saw were the pieces in my mailbox. I am QUITE pissed, but will hold my tongue until after I don’t get f**ked in the budget.”

Giff, even your supporters on the Council, were displeased with the blatant abuses by you and central staff. Sadly, you have lost sight that you and the staff work for the people of New York City. The mailings are their mailings and should benefit and inform them – and not be drafted by campaign consultants while paid for with public funds.
You’ve done yourself damage – serious damage. But perhaps it can be corrected.

Giff, apologize for these mailings. Use campaign funds to repay the New York City Treasury the cost of printing and postage for all these political mailings. And finally empower an independent Council committee representing members supporting a variety of Mayoral candidates to ensure that City funds are not used for political purposes or to punish or reward members for their support.

Giff, as you see the Mayoralty slipping away from you, you can rise to the level of moral leadership and live to fight another day, or you can slip into the ugly abyss of ethical bankruptcy from which, my friend, there is no return to public life.

Giff, you are young and could have a future.

Set an example we will remember.

Make us proud, not ashamed.

Michael Schenkler can be reached via this contact form.

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The Rascals Are At It Again: Overturning Term Limits


By HENRY STERN

Twelve years after term limits for city elected officials were adopted by referendum, the City Council is making its third attempt to overturn the decision of the voters.
The latest effort at resuscitation is a brazen attempt by the incumbents (the usual suspects) to extend the eight year limit on their terms to twelve years, or possibly to abolish term limits altogether, notwithstanding two referenda, in which the people decisively supported the two-term limit for all city elected. The rule was simple: eight and out.

The Council’s first foray into the area of term limits came in 1996, when under the leadership of Speaker Peter F. Vallone, it sent the issue back to the public by placing it on the ballot for a second referendum. When the votes were counted, repeal had lost, by a margin of 54 percent to 46 percent. Term limits stayed in effect. It is to the credit of Speaker Vallone, however, that he tried to reverse the public’s decision by giving them another opportunity to vote on the matter. Fair and reasonable.

The next attempt was in 2001, the year that a majority of the Council would be ineligible to run for re-election. In an attempt to extend their political lives, the incumbents garnered substantial support in the Council. The bill was defeated, however, in the Committee on Government Operations, in a 5-4 vote, with the deciding vote cast by the lone Republican on the committee, Stephen J. Fiala of Staten Island.

Fiala said that at the time he was personally opposed to term limits, but he felt that in a democracy, a decision made by the people should only be changed by the people and not by a small group of those who would be adversely affected by the decision.

In 2003, the Council pulled off a successful ploy which tweaked term limits slightly. Speaker Gifford Miller had been elected in January 2002 for a two year term. There was a midterm Council election to be held in 2003 (and every twenty years thereafter), required because of the redistricting that follows the census. Miller and the Council passed a bill defining a term as four years, not two, so that he could serve four years as speaker. The bill also had a trick provision preventing people who had left the Council in 2001 from running in 2003, sparing incumbents from challenge by their immediate predecessors.

The Miller bill was challenged in court. The law was invalidated in the Supreme Court but eventually upheld in the Appellate Division, 3-1. The feeling was that the changes were minor, and consistent with the eight year term, although some members who held fractional terms (like Miller) could serve longer. There is language in the opinion that the Council had the right to change the law, but a more substantial modification is likely to be disputed more vigorously.

That brings us to the present, where Councilmember Gale Brewer of Manhattan plans to introduce a bill, to be considered after the 2005 election, for the Council to extend the two-term limit to three terms. It is possible that others may seek to abolish the restriction altogether or shrewdly wait until 2009 to change the three term limit to four terms.

Why should anyone want to leave the Council, with its six figure salary, including lulus, the lack of any restriction on outside work or income, the ample staffs, the mailing privileges at public expense for self-serving illustrated brochures, and all the privileges and emoluments which come with good pay and light work, which basically consists of intoning ‘Aye’ upon hearing your surname mentioned on a roll call?

The fight is just beginning, and we predict that newspapers and good government groups still have the vitality to oppose this latest attempt to overrule the people of the City of New York, who have twice voted that eight years is enough for these worthies, and at the end of that time they should be able to either find themselves another public office, or get a job elsewhere if they can.

But the Council insiders are utterly without shame, or regard for the decisions of the electorate. They can be expected, on the basis of past performance, to do everything they can to preserve their privileged positions of pomp and power.

Today’s City Council appears reluctant to clear out of their ornate chamber at City Hall, even when the law tells them it is time to go. Their final public service should be to depart, not in haste, but on time.

Hasta la vista, Councilmem-bers.

Henry Stern: Starquest@NYCivic.org

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Michael Schenkler can be reached via this contact form.