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Deals Done in the Dark
March 14th, 2012

If Albany has changed under Gov. Andrew Cuomo the Senate Democrats haven’t noticed. Debate on the legislation that determines district lines and is supposed to guarantee voter enfranchisement began around 10 p.m. on Wednesday night. Sen. Michael Gianaris, an outspoken critic of LATFOR’s lines and the proposed Constitutional Amendment that will change the redistricting process 10 years from now, pointed out that debate on the important issue began in typical Albany fashion– late at night and after a rush of last-minute deals.

Even the most  novice Albany observer knows that legislative leaders tend to come to agreements, brief their conferences quickly and then get the legislators into conference to vote on the deals before support erodes or public opinion solidifies against the legislation.

Gianaris also pointed out that this trend has not changed under Cuomo–the Governor some say has done away with Albany dysfunction. Gianaris further noted that the late-night push on redistricting, legalizing casino gambling, a DNA database, and teacher evaluations came during Sunshine Week–a week set aside to honor transparency in government.

After debating Sen. Michael Nozzolio about the lines and having a testy exchange where Gianaris asked, “Have you no shame?” Nozzolio seemingly joked that Gianaris probably liked the lines that were up for a vote better than LATFOR’s original lines that combined his district with a fellow Democrat. Finally in exasperation Gianaris told Nozzolio that in his mind the lines were equally bad and told Nozzolio he could take them both and, “Shove it!”

Republicans attempted to close debate at 11:36 p.m. Sen. Daniel Squadron objected saying that 2 hours had not passed and debate should continue. Republicans ruled his point was out of order. Squadron appealed to the chair. Sen. Sampson rose and talked about respect and decorum. He mentioned that redistricting happens only 10 years and appealed for more time to debate the legislation. “Where’s the respect and where’s the decorum?” asked Sampson.

By David King on March 14, 2012, 11:38 pm
In category: Albany, Demographics, Eye on Albany, Governing | 3 Comments »

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And Here is the Teacher Evaluation Deal
March 14th, 2012

The office of Gov. Andrew Cuomo  is just pumping out deal announcements, first on the DNA database, then on redistricting and now on teacher evaluations. The Senate continues to debate redistricting–watch it here. Sen. Michael Gianaris just pointed out that all of this important legislation is coming to a vote at 11 p.m. at night. Oh, Albany.

GOVERNOR CUOMO, MAJORITY LEADER SKELOS, AND SPEAKER SILVER ANNOUNCE AGREEMENT ON HISTORIC TEACHER EVALUATION LAW

Governor Andrew M. Cuomo, Senate Majority Leader Skelos, and Assembly Speaker Sheldon Silver today announced an agreement on legislation to put the Governor’s new groundbreaking teacher and principal evaluation system into law, firmly establishing New York as a national leader in school accountability.

The new evaluation system will provide clear standards and significant guidance to local school districts for implementation of teacher evaluations based on multiple measures of performance including student achievement and rigorous classroom observations. The legislation follows through on New York’s commitment to establish a real and effective teacher evaluations as a condition of the $700 million granted through the federal Race to the Top program.

“We are writing into law a new national model for teacher evaluations that will put our students first and put New York State at the front of the class when it comes to school accountability,” Governor Cuomo said. “The new statewide evaluation law sets clear standards for measuring educators’ based on how our students are performing in the classroom, so we can make sure our children have best possible opportunity for the future. I commend the legislative leaders for taking this extraordinary step to create permanent and real evaluations in our schools.”

Senate Majority Leader Dean G. Skelos said, “This agreement on teacher evaluations will enhance accountability in school districts across New York and give our students the first-class education they deserve. I commend the Governor for working with the Legislature and labor on this important issue and look forward to doing much more to help our kids compete and succeed, so they can prepare themselves to be tomorrow’s leaders in business, in education, and in each of our communities.” Read the rest of this entry »

By David King on March 14, 2012, 10:52 pm
In category: Albany, Eye on Albany | 1 Comment »

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Gianaris: "Have You No Shame?"
March 14th, 2012

Sen. Michael Gianaris just asked Sen. Michael Nozzolio “Have you no shame?” after being prompted to ask a question while talking about his disdain for LATFOR’s lines. The presiding member stopped the discourse to remind legislators of “decorum.” But Nozzolio said although the question was “insulting.” He was “proud” of his work on LATFOR. The debate continues here.

By David King on March 14, 2012, 10:37 pm
In category: Albany, Demographics, Eye on Albany | 1 Comment »

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The Amendment Deal is Official
March 14th, 2012

From Gov. Andrew Cuomo’s office comes the official news:

GOVERNOR CUOMO, MAJORITY LEADER SKELOS, AND SPEAKER SILVER ANNOUNCE LANDMARK AGREEMENT TO BEGIN PROCESS OF AMENDING STATE CONSTITUTION TO ALLOW CASINO GAMING IN NEW YORK

Governor Andrew M. Cuomo, Senate Majority Leader Dean Skelos, and Assembly Speaker Sheldon Silver today announced a landmark agreement to begin the process of amending the state constitution to allow casino gaming in New York. Legalized casinos have the potential to create thousands of good-paying jobs while keeping the tourism and revenue that accompany gaming here in New York State.

“By taking these important first steps to legalize casinos we are finally confronting the reality that while New York is already in the gaming business, we need a real plan to regulate and capitalize on the industry,” Governor Cuomo said. “This is a process that will ultimately put thousands of New Yorkers to work, drive our economy, and help keep billions of dollars spent by New Yorkers on gaming in the state.”

Senate Majority Leader Dean Skelos said, “I am pleased we have reached an agreement to move forward with a constitutional amendment that will give New Yorkers a say on whether we expand casino gaming in New York State. I thank Senator John Bonacic for his leadership, and look forward to negotiating the details of the implementing legislation prior to putting it out to the voters in 2013.” Read the rest of this entry »

By David King on March 14, 2012, 10:18 pm
In category: Albany, Demographics, Eye on Albany | 4 Comments »

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Senate Debating Lines
March 14th, 2012

Sen. Martin Dilan is currently grilling Sen. Michael Nozzolio on LATFOR’s work drawing district lines. Nozzolio is a co-chair of LATFOR and Dilan serves as a member. You can watch the debate here.

By David King on March 14, 2012, 9:49 pm
In category: Albany, Demographics, Eye on Albany | 2 Comments »

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Citizens Union Offers Amendment FAQ
March 14th, 2012

The Citizens Union and League of Women Voters have offered up a FAQ detailing what the proposed redistricting constitutional amendment would achieve, how the new commission would work, and who would be eligible to serve on it. Both groups are advocating the passage of the amendment but with that caveat it is a helpful read for those looking for a detailed breakdown. Gotham Gazette is published by Citizens Union’s sister organization Citizens Union Foundation. Here is the FAQ:

Citizens Union and the League of Women Voters of New York State
Frequently Asked Questions (FAQ)
on the Proposed Constitutional Amendment to Reform Redistricting
1. What does the proposed constitutional amendment accomplish?
In summary, it would replace the current Legislative Task Force for Demographic Research and Reapportionment (LATFOR) redistricting process with an independent commission whose appointees are evenly divided between majority and minority parties. For the first time ever, unaffiliated or third party members would be included in the redistricting process. There will be two co‐executive directors selected by a majority vote of the commission with the rest of the staff being hired by the directors, marking the first time the staff is not hired by the majorities.
The amendment also codifies for the first time in the state constitution additional important criteria for drawing lines. The principles of the federal Voting Rights Act (VRA), which are increasingly facing threat of retrogression in the courts and Congress, are added to the state constitution, preserving the rights of language and racial minorities. Lines would be prohibited from being drawn to favor or disfavor incumbents, political parties or candidates. Communities of interest are recognized for the first time as a criterion for drawing lines.
The voting procedures and thresholds for passage of a redistricting plan by the independent commission and the legislature varies depending on which parties control each house of the legislature. Supermajority votes are established to prevent dominance by one political party or majority parties in both the commission and the legislature for approval of district lines.
The proposed amendment breaks new ground in transparency by requiring software, data and maps to be provided to the public, allowing for independent analysis and the creation of maps by the public.
It also establishes firm deadlines for the different stages of the redistricting process to ensure that lines are established in a timely manner and delays in drawing maps do not disadvantage challengers running against state legislative or congressional incumbents.
These important changes would be made permanent through the passage of a constitutional amendment. The proposed amendment will be accompanied by a statute which will provide insurance against the amendment not achieving second passage and place an additional constraint on the legislature’s ability to amend the lines proposed by the commission.
1
Citizens Union and the League of Women Voters of New York State Page 2 Frequently Asked Questions Regarding Redistricting Constitutional Amendment
1. How is the ten‐member independent commission (“the Commission”) appointed?
Each of the four legislative leaders appoints two members, and two additional members are appointed by a vote of not less than five of the original eight members. These two additional members must not have been enrolled in either of the two major political parties in the preceding five years. For the first time, the redistricting process includes equal representation among the four legislative leaders and appointees not of the Republican and Democratic parties.
Current Process:
LATFOR is comprised of six members, with two each from the majority parties in each house with only one each from the minority party, effectively giving the majority parties full control of the process, ignoring the views of the minority parties.
2. Who can serve?
Rules prohibit those with conflicts of interest from serving on the Commission including no person who has served in the last three years as a New York legislator, statewide elected official, member of congress, and spouses of the preceding groups, legislators’ staff, lobbyists, state officers, state employees, or party chairs. To the extent practicable, the appointments should reflect the diversity of the state and result from consultation with outside groups.
Current Process:
Four of the six members of LATFOR are legislators.
3. How does the Commission approve a redistricting plan? Will an even‐numbered Commission create gridlock?
A supermajority vote – seven out of ten votes – by the Commission is required to send a redistricting plan to the legislature, which can be passed by majority vote of the legislature, encouraging collaboration and cooperation. If control of the legislature is split between the two major parties, the plan must have at least one vote from each of the two major party appointees. If the legislature is controlled by one party, those seven votes must include at least one vote from the appointments of each of the four legislative leaders to ensure that there is no major party dominance. If no plan gets seven votes, the plan with the highest number of votes goes to the legislature, but approval of such a plan requires at least 60 percent approval in the legislature.
Current Process:
The members of LATFOR appointed by the majority – four of the six – control the process and draw the lines with little to no input from the appointees representing the minority parties. Those lines are then provided to the legislature and passed by the majority party controlling each house.
Citizens Union and the League of Women Voters of New York State Page 3 Frequently Asked Questions Regarding Redistricting Constitutional Amendment
4. What additional voting procedures ensure inclusion of the party out of power in case one party controls both chambers?
In order to protect against one‐party dominance in the drawing of lines, if one party controls both houses of the legislature, approval of a plan requires a 2/3 affirmative vote in each house.
Current Process:
A simple majority is required for any district plan provided by LATFOR. Consequently the majority parties in each house completely control redistricting from drawing the lines to passing them.
5. What criteria must be considered by the Commission?
In addition to requiring contiguous and compact districts, and nearly as maybe equal in size districts to the extent practicable, for the first time the state constitution will include criteria that require:
• that districts shall not be drawn to discourage competition or for the purpose of favoring or disfavoring incumbents, particular candidates or political parties;
• consideration of communities of interest in drawing district lines;
• protections for racial and language minority groups in the drawing of district lines consistent with the Voting Rights Act, ensuring those protections remain regardless of what happens at the federal level; and
• an explanation by the Commission if the legislative districts are not equal in population.
Current Process:
LATFOR must first follow federal law which requires adherence to the Voting Rights Act and the creation of state legislative districts whose populations are within 5 percent of the average size district. The constitution also requires that districts be contiguous and, as is practicable, compact, and provides that counties and towns cannot be divided under certain circumstances.
There are currently no prohibitions in the state constitution that prevent lines from being drawn to discourage competition or for the purpose of favoring or disfavoring incumbents, particular candidates or political parties. Nor are there provisions that require communities of interest to be considered as a criterion for drawing lines.
Citizens Union and the League of Women Voters of New York State Page 4 Frequently Asked Questions Regarding Redistricting Constitutional Amendment
6. Does the legislature get to draw the lines if it votes down the Commission’s plan?
The legislature can only amend the lines if the Commission’s plan(s) fail to achieve legislative approval after two “up or down” votes without amendments, but the legislature is restricted to changes that adhere to the criteria in the constitutional amendment. An accompanying statute will further restrict the legislature to making changes that affect not more than two percent of the population of any district.
Current Process:
There are no restrictions on their ability of the legislature to amend the plan, which is essentially guaranteed passage, as the majorities of the legislature control LATFOR.
7. What process is there for public input?
The amendment requires 12 hearings across the state ensuring public input in line‐drawing. It also requires the provision of maps and data to the public in a form that allows for independent analysis and the development of alternate redistricting plans.
Current Process:
There are no requirements for hearings, although LATFOR has held them voluntarily. There are no requirements for maps and data to be provided to the public, although LATFOR has provided maps and some data but not done so in a form that is easily accessible by the public or facilitates development of alternate plans. LATFOR has not made software for drawing maps available to the public.
8. Why has there not more been public input on the constitutional amendment?
Various proposals have been introduced in the legislature through the years and have been the subject of input by the public, including good government groups and civil rights groups. Redistricting has been the subject of hearings in both the Assembly and Senate for the past several years, and the issue has been covered extensively in the media. Constitutional amendments must be voted on twice by two successively elected legislatures, and then passed at the ballot box, providing for more review and giving the public an opportunity for participation in this reform.
Current Process:
The degree to which hearings are held on bills varies. The constitutional amendment, because it requires a vote by a second legislature in 2013, will have much more time for review than a typical bill.
Citizens Union and the League of Women Voters of New York State Page 5 Frequently Asked Questions Regarding Redistricting Constitutional Amendment
9. What assurance is there that the amendment will be passed again in the next legislative session?
Citizens Union and the League, as well as the Governor, have conditioned support of the constitutional amendment on passage of an accompanying statute that will put in place a statutory version of the amendment if it does not achieve second passage. This statute would also contain a restriction on legislative amendments to the lines on third passage, allowing no more than two percent of the population of districts proposed by the Commission to be changed, which will go into effect regardless of whether the legislature passes the amendment twice.
Current Process:
Not applicable.
10. If this constitutional amendment is passed, how would New York rank among the 50 states in how it conducts redistricting?
We believe that this will put New York in the forefront of redistricting reform, particularly among states that cannot achieve reform through publicly initiated referenda. Most states leave redistricting completely in the hands of the legislature. Even in Iowa, which has been a model for independent redistricting, the legislature has final approval of the lines.
Current Process:
In the majority of states, the legislators directly draw the lines. New York has an advisory body, LATFOR, an entity that exists in law to advise the legislature on line‐drawing. Because four of six of its members are legislators it is essentially legislators drawing their own lines. Consequently, New York is not even close to being a leader in independent redistricting.

Citizens Union and the League of Women Voters of New York State

Frequently Asked Questions (FAQ)

on the Proposed Constitutional Amendment to Reform Redistricting

1. What does the proposed constitutional amendment accomplish?

In summary, it would replace the current Legislative Task Force for Demographic Research and Reapportionment (LATFOR) redistricting process with an independent commission whose appointees are evenly divided between majority and minority parties. For the first time ever, unaffiliated or third party members would be included in the redistricting process. There will be two co‐executive directors selected by a majority vote of the commission with the rest of the staff being hired by the directors, marking the first time the staff is not hired by the majorities.

The amendment also codifies for the first time in the state constitution additional important criteria for drawing lines. The principles of the federal Voting Rights Act (VRA), which are increasingly facing threat of retrogression in the courts and Congress, are added to the state constitution, preserving the rights of language and racial minorities. Lines would be prohibited from being drawn to favor or disfavor incumbents, political parties or candidates. Communities of interest are recognized for the first time as a criterion for drawing lines.

The voting procedures and thresholds for passage of a redistricting plan by the independent commission and the legislature varies depending on which parties control each house of the legislature. Supermajority votes are established to prevent dominance by one political party or majority parties in both the commission and the legislature for approval of district lines.

The proposed amendment breaks new ground in transparency by requiring software, data and maps to be provided to the public, allowing for independent analysis and the creation of maps by the public.

It also establishes firm deadlines for the different stages of the redistricting process to ensure that lines are established in a timely manner and delays in drawing maps do not disadvantage challengers running against state legislative or congressional incumbents.

These important changes would be made permanent through the passage of a constitutional amendment. The proposed amendment will be accompanied by a statute which will provide insurance against the amendment not achieving second passage and place an additional constraint on the legislature’s ability to amend the lines proposed by the commission.

1

Citizens Union and the League of Women Voters of New York State Page 2 Frequently Asked Questions Regarding Redistricting Constitutional Amendment

1. How is the ten‐member independent commission (“the Commission”) appointed?

Each of the four legislative leaders appoints two members, and two additional members are appointed by a vote of not less than five of the original eight members. These two additional members must not have been enrolled in either of the two major political parties in the preceding five years. For the first time, the redistricting process includes equal representation among the four legislative leaders and appointees not of the Republican and Democratic parties.

Current Process:

LATFOR is comprised of six members, with two each from the majority parties in each house with only one each from the minority party, effectively giving the majority parties full control of the process, ignoring the views of the minority parties.

2. Who can serve?

Rules prohibit those with conflicts of interest from serving on the Commission including no person who has served in the last three years as a New York legislator, statewide elected official, member of congress, and spouses of the preceding groups, legislators’ staff, lobbyists, state officers, state employees, or party chairs. To the extent practicable, the appointments should reflect the diversity of the state and result from consultation with outside groups.

Current Process:

Four of the six members of LATFOR are legislators.

Read the rest of this entry »

By David King on March 14, 2012, 6:01 pm
In category: Albany, Demographics, Eye on Albany | 2 Comments »

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Waiting For a Deal
March 14th, 2012

Albany is in a holding pattern as legislators seem to be hammering out a deal with Gov. Andrew Cuomo that could wrap up redistricting, Tier 6, the DNA database and perhaps the budget. Senate Minority Leader John Sampson issued this statement decrying linking redistricting to other issues:

“Rumors are swirling that, in true Albany fashion, the awful redistricting provisions have been tied to the creation of Tier VI. If this is true and both are allowed to move forward, we will be disenfranchising minorities while simultaneously eliminating retirement security for working families in a classic Albany backroom deal. Senate Democrats will not be party to these cynical maneuvers.”

By David King on March 14, 2012, 5:15 pm
In category: Albany, Crime & Safety, Demographics, Eye on Albany | 8 Comments »

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Against the Amendment
March 7th, 2012

Democratic legislators continue to hammer away at  possible compromise deal on redistricting that would include a constitutional amendment. A constitutional amendment wouldn’t permanently change the redistricting process until the next process 10 years from now and would require passage by two successive legislatures.

Assemblyman Micha Kellner slammed the deal in a statement. “The proposed redistricting deal is unfortunately more politics as usual. This partisan pact, which would amend the state constitution to create a lawmaker-appointed 10-person panel to draw district lines, keeps in place the hyper-political process of allowing politicians to draw their own districts, choose their own voters and serve their own self-interests,” read Kellner’s statement.

Meanwhile , Common Cause/ NY is also out with a statement pushing for Gov. Andrew Cuomo to veto district lines rather than to come to a deal.

“As Common Cause/NY has repeatedly stated, reform in this redistricting cycle now lies with the Governor’s veto pen. It’s very simple: the Special Master has provided a legal and fair alternative to the Legislature’s political maneuvering, which would give New Yorkers the democracy they deserve now. A constitutional amendment is not interchangeable with reform in this cycle, and must meet certain standards in order to constitute real reform. Common Cause/NY won’t speculate on press reports about the proposed amendment. However, if and when a bill is introduced we will evaluate it against strict criteria to determine whether it is worthy of support.,” said Susan Lerner.

Meanwhile, Citizens Union continues to push for an agreement that would avoid a veto and “create permanent change”. Gotham Gazette is published by Citizens Union’s sister organization the Citizens Union Foundation. Kellner’s full statement is after the jump. Read the rest of this entry »

By David King on March 7, 2012, 2:57 pm
In category: Albany, Demographics, Eye on Albany | No Comments »

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Groups React to Master's Congressional Maps
March 6th, 2012

Roanne Mann, the special master assigned to create the state’s congressional lines should the Assembly and Senate fail to come to a compromise, released her maps today. Reaction has flooded in from interested parties across the state. Assembly Speaker Sheldon Silver told reporters the lines could be a foundation for compromise. Common Cause hailed the maps as “fair. ” Citizens Union used the opportunity to push for a legislative deal that would change the redistricting process permanently through a constitutional amendment.

The Times Union notes that CU’s release goes into an astonishing amount of detail about a possible deal. “Intriguingly, the statement goes into great depth discussing the under-construction constitutional amendment detailed in Friday’s TU — so much depth that one would think it had already been rolled out with a Red Room presser featuring Gov. Andrew Cuomo, legislative leaders and representatives from Citizens Union, whose members have been most vocal in pressing for the constitutional change as thus far described,” reads the Times Union post.

Meanwhile Gov. Andrew Cuomo told reporters that he has yet to see the maps.

Perhaps most interestingly is the analysis of the city’s lines by the American Community Coalition on Redistricting and Democracy. Take a look at their breakdown after the jump. Read the rest of this entry »

By David King on March 6, 2012, 6:18 pm
In category: Albany, City Hall, Demographics, Eye on Albany | 2 Comments »

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Cuomo Posts Past Schedules
February 29th, 2012

The Cuomo administration has finally updated CitizenConnects with Gov. Andrew Cuomo’s schedule for September through December 2011. Gov. Andrew Cuomo’s Twitter feed quietly announced the update earlier today.

Gotham Gazette got the scoop on the CitizenConnects website while working on a story on a perceived lack of transparency in the Cuomo administration.

As we pointed out in that story the site’s success would rely on exactly how frequently the site was updated and the quality of information it presented. So far updates have been extremely infrequent and the schedules are fairly barebones.

Reporters like  Liz Benjamin of State of Politics and the Times’ Thomas Kaplan are currently picking them apart on Twitter. Kaplan notes a number of omissions on the official schedule or events reporters were not notified of at the time.

By David King on February 29, 2012, 5:30 pm
In category: Albany, Eye on Albany | 6 Comments »

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Bronx "Close to Home" Forum Scheduled
February 29th, 2012

The fifth public hearing on Gov. Andrew Cuomo’s “Close to Home Program” has been scheduled for April 2 from 6-8 p.m. in the Bronx at the Bronx Museum 1040 Grand Concourse. The Administration for Children’s Services is holding the series of five forums to get public input on taking New York City’s juvenile delinquents out of the state system and providing services to them near their homes in the city. You can read more about the initiative that is part of Cuomo’s proposed budget here.

By David King on February 29, 2012, 4:06 pm
In category: Albany, Crime & Safety, Education, Eye on Albany, Gotham City | 2 Comments »

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Submit Your Congressional Lines
February 29th, 2012

As Colin Cambpell of The Observer reported earlier today–the judge who is overseeing the drawing of the state’s Congressional lines is taking submissions from the public.

The Democrats and Republicans on LATFOR basically admitted the battle over drawing the lines is so completely partisan that they can’t come to an agreement so the judge is taking it out of their hands. To submit your lines, go here–you only have until Friday.

By David King on February 29, 2012, 2:59 pm
In category: Albany, Eye on Albany | 1 Comment »

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ACS Schedules Forums on "Close to Home"
February 27th, 2012

The Administration for Children’s Services has scheduled four of five community hearings on Gov. Andrew Cuomo’s “Close to Home Initiative” that would take New York City’s juvenile delinquents out of the state detention system and allow the city to provide them with the placements they think are best for them and near their homes. As I wrote today, the initiative is part of Cuomo’s budget and has been something Mayor Michael Bloomberg has been pressing for for years–as the state system is costly and known for violence and mismanagement.

ACS Commissioner Ronald Richter says that his agency and the State Office of Children and Family Services have been meeting almost weekly to set up the system that will see the state hand over control of the city’s juvenile delinquents. Under Cuomo’s initiative non-secure offenders will be transferred to the city in September and limited secure offenders would be transferred in April 2013.

“We have a number of reasons to be very encouraged by it,” Richter said of the “Close to Home Initiative,”  “families haven’t had a chance to be involved in rehabilitation and it has long been a missing piece of the juvenile justice system. They don’t have a don’t have parent their to help them figure out why they made these bad choices. It has been a real deficit in  the juvenile  justice system and they also haven’t had the opportunity for an accredited education. We are going to give them one and  that’s a big deal for us.”

Richter says he is excited to start the hearings so that he can hear from city residents about how to move forward.

“I’m hoping we will be attentive to appropriate cautionary notes. We will listen to the kids, parents and legislators to make sure we are reflective of their concerns. We cant just make a new juvenile justice system in September. Its wrong to suggest everything will be ideal on that day. We are always trying to improve.”

Here are the dates of the four scheduled hearings. Another hearing in the Bronx is expected to be set by the end of the week: Read the rest of this entry »

By David King on February 27, 2012, 4:57 pm
In category: Albany, Crime & Safety, Education, Eye on Albany, Gotham City | 1 Comment »

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Common Cause Weighs in
February 24th, 2012

Susan Lerner, Executive Director, of Common Cause/NY, says a constitutional amendment to change the redistricting process in the future is not enough and that real reform must be made to the system this time around. Lerner has much more confidence in the courts’ ability to redraw district lines if Gov. Andrew Cuomo does go ahead with his veto threat than Citizens Union.

Here is Lerner’s full statement:

“New Yorkers deserve real permanent reform of the redistricting process, and we welcome the opportunity for an open discussion of what a constitutional amendment should look like. We have specific recommendations which we look forward to providing for public consideration. However, reform in the future is not interchangeable with the best possible result in this cycle which, due to the Legislature’s intransigence, lies entirely with the courts. The Governor got it right when he promised to veto any gerrymandered lines. As the Perry vs. Perez decision made clear, the courts have greater discretion to draw clean electoral lines based on independent non-partisan principles if the Governor does not approve the Legislature’s plan. The Governor has repeatedly called for a better process this year and a better product in the future: he can have both. Vetoing the lines and letting the courts handle the process is the best possible outcome for this redistricting cycle. New Yorkers have been betrayed by every Assemblymember and Senator who promised to establish an independent redistricting commission and didn’t. The Governor can restore their faith by keeping his promise.”

By David King on February 24, 2012, 2:19 pm
In category: Albany, Eye on Albany | No Comments »

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Citizens Union Continues to Back Cuomo on Redistricting *Update*
February 24th, 2012

Former State Attorney General and Citizens Union President Robert Abrams made the argument in a press conference today that Gov. Andrew Cuomo should use his veto threat as leverage to get the legislature to agree to a constitutional amendment to reform the state’s redistricting process. Gotham Gazette is published by Citizens Union Foundation the sister organization of Citizens Union.

“We need permanent reform, instead of repeating the predictable cycle of outrage that only ends with the poisonous partisan redistricting system still intact,” said Abram in a statement. “Even if this year’s lines are vetoed, we face an uncertain outcome in the courts. At best, we may win the redistricting battle but will lose the war because the courts will not change the redistricting process for the future. That’s why it’s essential we obtain permanent change to redistricting now through an amendment to our state constitution.”

Citizens Union released a letter to Cuomo yesterday asking him to use his veto threat to get a constitutional amendment.  Critics, including former Gov. Eliot Spitzer, say that future legislatures could wiggle their way out of any agreement on an amendment because it must be passed by two successive legislatures.

City and State reported this morning that Spitzer called on Cuomo to actually veto the lines during at an appearance at Columbia University. “The pretense that we’ll pass a constitutional amendment to require it or pass a law that will change it – the law can be repealed and the amendment won’t go through,” Spitzer reportedly said. Read the rest of this entry »

By David King on February 24, 2012, 12:53 pm
In category: Albany, Eye on Albany | 5 Comments »

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Cuomo on Redistricting Hot Seat
February 23rd, 2012

February 23, 2012
The Honorable Andrew M. Cuomo
Governor, State of New York
Executive Chamber
State Capitol
Albany, NY 12224
Dear Governor Cuomo:
With the proposed new maps for state legislative lines released but not finalized, it is time for tough decisions to be made and our decades-long redistricting reform effort to be brought to as successful an outcome as is politically possible. These partisan-drawn gerrymandered maps demonstrate precisely why we have to forever change this process. We need to create lasting reform – which Citizens Union has long been seeking – so never again can the majority parties use the power of the pen to advantage themselves in the process of redistricting.
Your veto threat and our advocacy have helped focus public discussion on the need to end once and for all the self-interested, legislative-driven process of partisan gerrymandering in New York State, and achieve our shared goal of replacing it with an impartial process that creates fairer lines and more representative districts.
The threat of your veto is a very powerful weapon. But it must be exercised wisely to ensure satisfactory change to the maps for 2012 and secure needed reforms to the redistricting process for the long term. In acknowledging that the political process has not yet produced final maps, the judiciary has already stepped in to do the job. Though maps will soon be sent to your desk, a veto would keep the matter in the sole domain of the courts with the outcome unclear. It also will remove you from brokering an effective and acceptable political solution that includes lasting reform, which is our main interest as a nonpartisan organization working for political reform without regard to the interests of either political party. Unknown is how a court in New York will draw maps when courts both here and across the country have repeatedly affirmed and shown deference to the legislature’s traditional role and rights in this process of legislative line drawing. A court may simply make some tweaks to the most egregious problems in the proposed maps to ensure their compliance with the state and federal law while not producing the enduring structural reform that a constitutional amendment would accomplish.
Citizens Union believes your veto threat provides you with valuable leverage because it poses the threat of uncertainty: the last thing the legislature can tolerate, particularly with regard to their own districts. We respectfully request that you use your veto threat – unlike any other governor before you – to achieve two important goals: secure lasting and permanent redistricting reform through statutory change and a constitutional amendment; and pursue meaningful changes to this year’s lines by holding direct negotiations with the legislature. We urge you to seek districts that reflect as best as possible the criteria outlined in your program bill on redistricting. Should this approach fail to produce needed changes to the 2012 maps and bring about lasting reform, we call on you to exercise your veto.
We believe that the testimony from the second round of public hearings on the legislature’s own drawn lines for 2012 provide you with important guidance in negotiating better districts where needed and appropriate. Like many organizations, Citizens Union twice presented testimony before LATFOR and laid out a spirited analysis of these district maps, urging changes where suitable based on the criteria outlined in your program bill.
Never before has there been such a convergence of opportunity and support to end partisan gerrymandering. Redistricting reform in our country has largely been accomplished through citizens rising up and achieving it through voter initiative and referendum. We cannot do that here in New York State, but instead we face the difficult challenge of working with the legislature to accomplish any reform over which it has control. To be this close in having the legislature give up power it has long held would indeed be monumental. It is why we must seize this critical moment in our state’s history to fundamentally and permanently change the redistricting process by amending our constitution to take the pen out of the legislators’ hands and place it with an independent commission for future redistricting cycles. To not do so would leave unfulfilled the promises made by you and 184 pro-redistricting reform legislators to end politics as usual in our state capitol and achieve redistricting reform. Citizens Union stands with you in making sure that does not happen.
Sincerely,
Dick Dadey
Executive Director
cc: Senate Majority Leader Dean Skelos
Assembly Speaker Sheldon SilverF

Gov. Andrew Cuomo took to the airwaves this morning to reiterate that he will veto the current lines LATFOR has proposed. “If they send me these lines, these lines will be vetoed,” Cuomo told Fred Dicker.

Cuomo’s commitment to pushing for fairer lines has come under scrutiny over the last few days after he told The Democrat and Chronicle’s editorial board that he had basically been defeated by the legislature in the fight for independent redistricting. “I’ve done it, they just said no,” he told the Chronicle.  “I just lost, is what happened. It’s not that they didn’t hear me, they just said no.”

Citizens Union–the sister organization to the Citizens Union Foundation that publishes Gotham Gazettte– sent Cuomo a letter today asking that he use the threat of a veto to secure permanent reform to the redistricting process. “We respectfully request that you use your veto threat – unlike any other governor before you – to achieve two important goals: secure lasting and permanent redistricting reform through statutory change and a constitutional amendment; and pursue meaningful changes to this year’s lines by holding direct negotiations with the legislature. We urge you to seek districts that reflect as best as possible the criteria outlined in your program bill on redistricting. Should this approach fail to produce needed changes to the 2012 maps and bring about lasting reform, we call on you to exercise your veto.”

CU’s executive director, Dick Dadey, has been saying this for some time. Here is the full letter from Citizens Union: Read the rest of this entry »

By David King on February 23, 2012, 12:11 pm
In category: Albany, Eye on Albany | No Comments »

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New York State on Ebay
February 22nd, 2012

Gov. Andrew Cuomo announced today that New York State will soon be on Ebay–well not the entire state–just hundreds of state vehicles, cell phones, medical equipment, highway equipment, officer furniture, cameras and generators. According to Cuomo’s office these are all excess assets. “By selling unneeded equipment and supplies, New York State will reduce operating costs and cut back on excess spending and inventory,” Governor Cuomo said. “This initiative is a small part of our work to overhaul government operations and make the state work more efficiently for the taxpayer,” Cuomo said.

Here is the full release from his office: Read the rest of this entry »

By David King on February 22, 2012, 1:42 pm
In category: Albany, Eye on Albany | 5 Comments »

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Cuomo Gets His Pick on JCOPE
February 2nd, 2012

Inspector General Ellen Biben has been tapped by JCOPE to serve as its executive director. As reported by Liz Benjamin at State of Politics, and Jacob Gershman at the Wall Street Journal, the Cuomo administration has been pushing hard to have Biben named to the position. It is unclear whether she will step down from her position as IG to take the gig but she has accepted it. While Biben is a respected prosecutor, her ties to Cuomo are thick and there is a growing concern among legislators that Cuomo will effectively have control of JCOPE, just as Gov. Eliot Spitzer did over the CPI during Troopergate.

Benjamin writes: “The selection of Biben raises questions about the ability of JCOPE to be independent. The commission may find itself in the position of investigating the governor – its predecessor, the Public Integrity Commission, had to probe both Gov. Eliot Spitzer (for Troopergate), and Gov. David Paterson (for the Yankees ticket scandal and the David Johnson domestic violence mess) – and also has, for the first time, the power to investigate legislators.”

Good government groups The League of Women voters and Citizens Union have endorsed Biben. Citizens Union, which is the sister organization of the Citizens Union Foundation that publishes Gotham Gazette, has been very supportive of most of Cuomo’s moves regarding ethics and the tangled push for redistricting reform. Here is their statement:

“Citizens Union commends the appointment of New York State’s Inspector General Ellen N. Biben as Executive Director of the New York State Joint Commission on Public Ethics (JCOPE), the new state ethics body having joint jurisdiction over both the legislative and the executive branches. Ms. Biben is an experienced prosecutor who, prior to becoming Inspector General, served in positions that have prepared her well to assume this post. She has the requisite experience and needed integrity to take on the enormous challenge of serving as this new ethics body’s first executive director. The task before her is especially important because of the need for this agency to succeed as an impartial panel charged with oversight and enforcement of our state’s new ethics law and the pressing need to restore the public’s faith in our government and elected officials.”

By David King on February 2, 2012, 3:32 pm
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Judge Sets June 26 Primary
January 27th, 2012

If there wasn’t enough going on regarding redistricting this week the whole sordid affair got a kick in the pants thanks to U.S. District Court Judge Gary Sharpe who has ruled that unless that state takes legislative action all of New York’s future federal non-presidential primaries will be held on the fourth Tuesday of June. Groups in favor of independent redistricting have been concerned for months that Gov. Andrew Cuomo might not want to veto LATFOR’s district lines because it could send things into chaos right before a possible Spring primary. That Spring primary is now a reality barring any action from the legislature. If the legislature does not act New York will have three primary dates: the June primary for House and Senate races, the April Republican Presidential Primary and the September Senate and Assembly Primary.

Sharpe wrote:

“Notwithstanding any current state law or administrative procedure to the contrary, New York shall conduct its 2012 non-presidential federal primary election on a date no later than 35 days prior to the 45-day advance deadline set by the MOVE Act for transmitting ballots to the State’s military and overseas voters, i.e., at least 80 days before the November 6, 2012 federal general election. In 2012, that date shall be June 26, 2012.

In subsequent even-numbered years, New York’s non-presidential federal primary date shall be the fourth Tuesday of June, unless and until New York enacts legislation resetting the non-presidential federal primary election for a date that complies fully with all UOCAVA requirements, and is approved by this court.”

Notwithstanding any current state law or administrative procedure to the contrary, New York shall conduct its 2012 non-presidential federal primary election on a date no later than 35 days prior to the 45-day advance deadline set by the MOVE Act for transmitting ballots to the State’s military and overseas voters, i.e., at least 80 days before the November 6, 2012 federal general election. In 2012, that date shall be June 26, 2012.
In subsequent even-numbered years, New York’s non-presidential federal primary date shall be the fourth Tuesday of June, unless and until New York enacts legislation resetting the non-presidential federal primary election for a date that complies fully with all UOCAVA requirements, and is approved by this court.
By David King on January 27, 2012, 4:53 pm
In category: Albany, Demographics, Eye on Albany, Law | 4 Comments »

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McEneny:Cuomo Was the Hold up
January 27th, 2012

LATFOR co chair Assemblyman Jack McEneny told Liz Benjamin of State of Politics last night that LATFOR delayed releasing its lines yesterday by the request of Gov. Andrew Cuomo.

You can get the full interview and event timeline over at State of Politics.

As Liz points out–Cuomo spoke to the press earlier in the day and insisted he hand’t seen the lines and was not ready to comment. After the lines were released Cuomo’s spokesperson issued a statement saying that “At first glance,” the Governor would likely veto the lines.

Cuomo has seemingly done his best to avoid actually saying he will veto the lines this year.

Cuomo, when pressed, did state numerous times last year that he would veto unfair lines but he has yet to make a firm public statement this year–redistricting was absolutely absent from his delivered State of the State remarks. It looks like the back-room wrangling for more significant redistricting reform and a constitutional amendment will continue. Meanwhile the public will get a chance to weigh in on LATFOR’s lines at a series of public hearings. The first hearing will take place in Albany on Monday at 10:30 a.m., on Tuesday LATFOR will be in the Bronx and Wednesday in Brooklyn. Check out the full schedule here.

By David King on January 27, 2012, 10:21 am
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