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 |