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10 Bold or Bizarre Proposals for a New York Constitutional Convention


voting constitutional convention


When New York voters head to the polls on November 7, Election Day, printed on their ballots will be the question, “Shall there be a convention to revise the constitution and amend the same?”

A "yes" vote would trigger a state constitutional convention process that could lead to major changes to the New York constitution.

While the first New York Constitution dates back to 1777, the version used today was adopted in 1894, with significant modifications made following the 1938 constitutional convention. Of those in support of a convention, some simply want New Yorkers to have the chance to debate key aspects of the antiquated, 52,500-word document, while others have clear policy agendas, like government ethics reform. There are many more mainstream ideas being discussed, but also a variety of more radical proposals that could be on the table if a convention were to be called.

The debate over whether to support a “yes” vote for a convention largely revolves around the potential to enact long-sought policy measures lawmakers seems unwilling to implement versus fears that hard-earned protections could be dismantled.

Advocates of various political affiliations see the constitutional convention as an opportunity to push for changes to redistricting, campaign finance, and term-limits for legislators -- not to mention a comprehensive rewrite of the at-times illegible constitution document that has many vestigial pieces.

At the same time, many labor unions and leading lawmakers are voicing their opposition to a convention. Of Albany’s five legislative conference leaders, only Assembly Minority Leader Brian Kolb has consistently backed a convention. Governor Andrew Cuomo has said he supports holding a convention, Mayor Bill de Blasio has said he does not.

Due to the democratic nature of a convention, people from all over the state and across the political spectrum frustrated by a lack of movement on their priorities in Albany are seizing on the opportunity to promote their causes, and are considering running their own delegates -- representatives will be elected in 2018 if a convention is approved this November.

Often, proposed constitutional amendments are framed in terms of “rights,” as in the right to clean air, the right to clean water, the right to hunt or farm, the right to equal treatment, the right to have a pension, and so on. Also being introduced, though, are some more unorthodox, even seemingly outlandish constitutional changes, like legalizing recreational marijuana, a dramatic restructuring of the state Legislature, or the splitting up of New York State.

Organizations (and individuals) pining for a convention are not necessarily powerful or well-funded -- anyone with internet access can start a political action committee -- and more radical proposals would be likely be countered at a convention by moderates with other priorities or competing interests.

The multi-phase process is also designed to prevent the convention from being hijacked by a single fringe agenda. If a majority of voters say “yes” to the convention question, which appears on the ballot once every 20 years, the following Election Day, New Yorkers elect delegates to an Albany convention, who would then be charged with crafting amendments to improve and streamline the constitution. The final, key step would be that any proposed constitutional changes coming out of a convention go to voter referendum the following year.

As a result, New Yorkers should not fear the exchange of ideas that a ConCon would allow, according to SUNY New Paltz Professor Gerald Benjamin, a constitutional scholar and longtime convention proponent.

“There’s no common agenda for a constitutional convention. Lots of people support a right to clean water, for example, and some other people think it would lead to excessive litigation. My view is that a convention cannot and will not produce radical solutions,” Benjamin said. “There are going to be 10,000 proposals, and each will be deliberated.”

A recent Siena College poll found that a strong majority of New Yorkers, 62 percent, from across the political spectrum support holding a constitution convention, a once-in-a-generation opportunity to modernize the lengthy, outdated New York State document that is the foundation of state law. Two-thirds of Democrats, 55 percent of Republicans, and 59 percent of independents polled said they support a ConCon.

But the same study found that New Yorkers are mostly uninformed about a convention; only 13 percent have heard a “great deal” or “some” about it. The disparity between the two sets of poll responses may indicate voter frustration with their state government, which has been home to a seemingly endless torrent of corruption scandals.

At the same time, powerful labor unions are spending big money to convince voters to reject the convention in November. While support of a ConCon remains strong, even among union families, according to the latest poll, labor organizations like the United Federation of Teachers and SEIU-1199 have already launched campaigns to sway New Yorkers towards a “no” vote.

“Support for ConCon has remained consistently strong over the last couple of years,” said Siena College pollster Steven Greenberg, in releasing the latest poll. “But the question remains, will that support stay strong as voters hear more about ConCon, particularly as we move into the fall and various interest groups start spending money to educate voters – both in support and opposition – about ConCon? Only time will tell.

In the meantime, we've compiled a round-up of 10 of the more intriguing proposals that have emerged ahead of the upcoming referendum, ranging from bold to bizarre.

1. Reforming the Court System
While the New York State Bar Association has not taken a position on a constitutional convention, in February, the NYSBA issued a report highlighting how an overhaul of the state constitution could go a long way towards streamlining the state’s notoriously complicated court system. A constitutional rewrite could simplify everyday legal processes related child custody, traffic tickets, business disputes, and more.

"The potential to simplify the state's court system, promote access to justice and reduce unnecessary costs and inefficiencies make the issue of court consolidation one that is ripe for consideration at a constitutional convention, should voters choose to hold one," the report says.

2. Home Rule
The constitution’s “home rule” statute, which dates back to 1963, says that anything not explicitly stated as purview of cities in the state constitution is placed in the authority of the state. Many issues impacting New York City fall into this grey area, including mayoral control of New York City schools and city speed limits. Cities are left disempowered and at the mercy of the state on many issues affecting local constituents. Local leaders, like the mayor of New York City, are then reliant on votes from far-off legislators related to especially parochial matters.

One proposal, laid out by Effective NY, a liberal think tank, would change the wording of the statute to grant cities power unless specifically restricted by the constitution (like the United States Constitution’s ninth amendment, which grants states any powers not explicitly granted the federal government). Other states, like New Jersey and New Mexico, already have provisions defaulting control to municipalities.

3. Unicameral Legislature
Does New York State really need two legislative houses? Some point to gridlock in Albany as a byproduct of the fact that New York has two legislative houses that often pass conflicting measures.

Nebraska is currently the only state that has a unicameral Legislature, or a Legislature with one house.

In 1962, the Supreme Court “one man, one vote” ruling required districts in both legislative chambers in state houses to be divided by population rather than geographic districts. The decision led to redistricting, which allowed Democrats to retake the state Assembly, although legally-dubious gerrymandering has allowed Republicans to retain control of the Senate, though currently by a sliver of politicking that is beyond district lines.

According to Professor Benjamin, of SUNY New Paltz, there is no rationale for bicameralism now that both houses are selected by the same formula.

“The idea there is that bicameralism suggests that there are different bases of representation. The Senate is a territorial and the House is population-based representation. Before 1960, you could have two different bases, but now it’s no longer defensible,” said Benjamin.

While some argue bicameralism is necessary to give Republicans a voice in the legislative process, Benjamin says GOP lawmakers should compete for the majority.

Some who are interested in unicameralism take a different view. Last year, Assemblymember Mark Johns, a Rochester Republican, proposed legislation to eliminate the Assembly and instead increase the numbers of Senators from 63 to 75, though the bill never made it to the floor and no companion bill has been presented in the Senate.

4. Make Lawmaking Unpaid
In the past two years, already waning public trust in the state Legislature was shattered following the convictions of both legislative leaders on public corruption charges. In order to restore that trust, one lawmaker is exploring ways to get money out of politics completely.

Legislation introduced earlier this year by Republican Assemblymember David DiPietro, whose district includes Erie and Wyoming counties, would make the Legislature unpaid -- volunteer positions with an even lighter part-time schedule than lawmakers currently are required.

“If we remove pay from the equation, only those entirely interested in serving the public would consider running for office,” DiPietro wrote in his legislative column in February. “This action would save the state millions of dollars, and bring about a new era of citizen leadership. Holding this position is an honor and one that should be respected. This isn’t a full-time position and there’s no need to make it one. This is a part-time position in which you serve the people and you should be serving them with a clear conscience.”

While no groups have specifically proposed this as a potential ConCon agenda item, a constitutional amendment would be required.

5. Special Prosecutor for Certain Police-Involved Deaths
Governor Andrew Cuomo signed an executive order appointing Attorney General Eric Schneiderman a special prosecutor for unarmed civilian deaths involving police officers in 2014, and though he has renewed the executive order since, there has been no movement in the Legislature on a bill to make a permanent special prosecutor.

While civil rights organizations like the American Civil Liberties Union have not taken a position on the upcoming convention referendum, should the public vote to hold a convention, this would be one plank advocacy groups might push to enshrine in constitutional law.

6. Single-payer Healthcare
Federal efforts to “repeal and replace” the Affordable Care Act have renewed the discussion around New York having its own comprehensive healthcare system.

“The New York Health program,” authored by Assemblymember Richard Gottfried, who chairs the Assembly Committee on Health, would provide comprehensive, universal health coverage for every New Yorker, and has passed the Assembly three years in a row. A similar bill has been sponsored by 30 Senate Democrats, a number which is likely to rise to 31 now that the seat of Senator-turned-City Council Member Bill Perkins has been filled, but without the requisite 32 votes in the 63-seat chamber, it is unlikely to pass any time soon.

Effective NY argues for a constitutional amendment that grants New Yorkers the right to health care, enabling a single-payer system.

7. Limit Messages of Necessity
Messages of Necessity, which allow the Governor and Legislature to override the otherwise-required three-day aging period for any piece of legislation, are often misused in Albany. Major legislation, including the recently-passed $153 billion state budget, are pushed through with little scrutiny from lawmakers, the media, and the public.

According to one proposal put forward by Effective NY, the constitution would be amended to require a two-thirds vote in the House and Senate in order to enable a Message of Necessity.

8. Pensions for All
More than half of private sector employees in New York State do not have access to a retirement savings plan through work. This spring, Obama-era rules allowing state- and city-based retirement savings programs were rejected by the Republican-controlled Congress. Both New York City and the State had been exploring the possibility of creating a publicly-backed private-sector retirement-savings program, but those possibilities appear scuttled, or at least on hold.

A constitutional convention could be the best way to compel the state to guarantee a retirement program for all working New Yorkers. Samuels of Effective NY, who is committed to spending significant money for a “yes” vote on the ConCon question, has been advocating for a private sector retirement savings program for years.

9. Legalizing Marijuana
Could New York become the next state to fully legalize medical and recreational marijuana? The legal cannabis movement is spreading across the United States, with eight states now allowing recreational use of the drug.

New York State recently created a medical marijuana program, but only for a short list of 10 health conditions, and it may only be consumed in specific forms. However, due to highly restrictive zoning requirements that prevent access and the limited number of patients that qualify, marijuana dispensaries are struggling, according to the Buffalo News.

There is also a criminal justice reform element to legalizing marijuana, as countless have been arrested and jailed for minor, non-violent drug offenses. While Gov. Cuomo unsuccessfully advocated for decriminalization laws in 2012, the governor and the Senate have consistently opposed legalizing recreational use.

Jerome W. Dewald, who founded the PAC Restrict & Regulate in NY State 2019 (RRNY), says he has talked to marijuana industry leaders about utilizing the constitutional convention to advocate for full adult-use cannabis legalization in 2019.

“It’s commonly accepted that our legislature is the most corrupt in the nation. New York is important [for marijuana legalization] and there is no viable mechanism to get our agenda in New York besides for a constitutional convention,” said Dewald.

10. Upstate Secession
On the more extreme end of the spectrum are the Upstate New York secessionists. Ever since Vermont successfully broke away from New York in 1791, there have been secession movements in the state, though they have mostly remained on the fringe.

The Divide NYS Caucus is a coalition of New Yorkers who are unhappy with state policy they feel is unfairly dictated by New York City lawmakers. The Assembly is controlled by Democrats, many of them from the city, while Republicans -- many of them from Long Island and upstate -- currently cling to the majority in the Senate thanks to partnerships with breakaway Democrats. In 2015, the secession movement gained steam, when upstate New Yorkers -- mostly conservatives upset over issues like the gun control Safe Act of 2013 and Cuomo’s 2014 hydrofracking ban -- organized a protest in the Southern Tier. Now the caucus is seizing on the potential for a convention as a way to drum up more support.

The group proposes dividing the state into two or three autonomous regions, separating upstate from New York City, and possibly segregating Suffolk and Nassau counties as well. Each region would have its own Governor and regional legislators, who would serve six weeks out of the year at the state Legislature, according to Divide New York Caucus Inc. Chair John Bergener.

“The state government under the proposal would have about the same powers of the Queen of England,” said Bergener. “We are required to have an administrator and a Legislature, but we are not required to give them power.”

While the consensus from constitutional experts is that secession is implausible and potentially damaging to upstate’s economy, which relies heavily on New York City tax revenue, a recent bill sponsored by Assemblymember Stephen Hawley (Western New York), and co-signed by eight of his colleagues in the Assembly GOP, calls for a referendum on whether to separate New York City from the rest of the state.

Related legislation introduced in the Assembly and Senate aims to increase power to the counties, allowing them to supersede state law, or exempt regions outside New York City from certain provisions of the SAFE Act.

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by Rachel Silberstein, State government reporter, Gotham Gazette
     

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Potential Departure of Two Senate Democrats Poses Another Threat to Unity


rev ruben diaz sr town hall bdb crop

Ruben Diaz Sr. (photo: @NYPD43Pct)


While Democrats technically reclaimed a majority of state Senate seats through a special election Tuesday, a deeply fractured party picture remains. As different factions point fingers and call for unity, it seems likely that the headcount will drop down again by the end of the year.

Two mainline Democratic senators have announced that they are running for other offices this year. Senator George Latimer, of Westchester County’s 37th District, is eying the county executive seat, while Senator Ruben Diaz Sr., representing the Bronx’s 32nd District, is a candidate for a City Council seat he briefly held in 2001.

On Tuesday, real estate developer Brian Benjamin replaced Bill Perkins, who left the Senate for the City Council in February, by winning a special election for Manhattan’s 30th Senate District, bringing the number of Democratic lawmakers in the 63-seat Senate to 32, a bare majority.

Benjamin’s win (on top of Donald Trump’s presidential victory) has amplified deep-seated divisions among Senate Democrats. Currently, the eight-member Independent Democratic Conference (IDC) forms a ruling coalition with Republicans, while a ninth nominal Democrat, Senator Simcha Felder, conferences with the Republicans. This leaves 23 mainline Democrats in the chamber, including Benjamin. The dynamics have prompted New York progressive leaders to call for breakaway Democrats to return to the fold, form a Democratic majority conference, and pass legislation that is reflective of the heavily Democratic state.

However, unity would not be possible under the current Senate rules, which list Republican Leader John Flanagan as the president of the chamber, as voted by Senate Republicans and Felder. And, before the next scheduled elections, in 2018, for all 63 Senate seats, there is a good chance that one or both of Diaz Sr. and Latimer will vacate their seat.

On Tuesday, Senate Minority Leader Andrea Stewart-Cousins sent letters to each IDC member, calling on them to realign with the Democrats. “As Donald Trump continues to propose devastating cuts to critical programs. it is more important than ever for progressive New Yorkers to unite. That is why we are asking you to join the now-23 members of the Democratic Conlèrence by pledging to only enter a coalition to lead the Senate with fellow Democrats and abandoning your coalition with Republicans,” wrote Stewart-Cousins.

Also calling for Democratic unity is the Working Families Party, which organized rallies outside the district offices of IDC members on Wednesday, top officials from the Democratic National Committee, and a variety of other Democratic elected officials and activists.

But some political insiders say that these calls and letters are ultimately meaningless if the Democrats’ control of 32 seats is short lived. If Diaz Sr. and Latimer win their respective races, Democrats would control 30 seats, two short of a majority stake. A Diaz Sr. or Latimer vacancy would occur as of January, leaving one or two seats empty for at least 90 days, the required window before Governor Andrew Cuomo could call a special election -- if he chooses to call one at all.

Cuomo, a second-term Democrat, is unlikely to call a special election for April, which is when budget negotiations are finalized -- which, depending on unity negotiations, could easily leave Senate Democrats out of the discussion on the final spending agreement.

Whether the governor calls a special election in May, after budget, or decides to wait out the rest of year until the regularly scheduled election, depends on a variety of factors and remains to be seen, according to veteran political consultant Hank Sheinkopf.

“It will depend on the state of play at the time,” said Sheinkopf. “Why should he call a special election in January if he’s got to get that budget done. What’s the best way for him to get it done? We don’t know yet.”

Cuomo’s decision may also be influenced by how active the Democratic base is in lobbying him, especially given his own 2018 reelection bid on the horizon, not to mention his possible 2020 presidential ambitions.

The odds are good for Diaz Sr. to win the City Council seat. While he faces a crowded primary, Diaz is popular in the Bronx, where his son Ruben Diaz Jr. is the borough president. He is a beloved community leader and minister at a local Pentecostal church, and his standing among his constituents is reflected by the district’s Senate primary results for the last few years. In 2016, Diaz Sr. beat out his Democratic rival with 8,557 votes out of 9,648 cast, or 88.7 percent.

“The Diaz name has magic in the Bronx, he’s going to be tough to beat, but in crowded primary, it’s hard to predict,” says Sheinkopf.

For Latimer, who is challenging incumbent Rob Astorino, a Republican seeking his third term, the path to victory is less clear. While Westchester is heavily Democratic on paper, experts say it is a classic suburban 'bellwether' county, meaning it can be turned red or blue based on the winds of influence from Washington, D.C. Astorino, who challenged Gov. Cuomo in 2014, is popular in the county, and in a typical year, Latimer would be fighting an uphill battle. But with the GOP at risk almost everywhere due to President Trump’s unpopularity, Latimer's chances may continue to improve, according to insiders.

“Latimer is unique in that he has a very significant following. He served the area as an Assemblyman and he’s highly regarded there. But could a Republican with the appropriate anti-Trump sentiment as part of his platform have an opportunity to make it a race? The answer is yes, it’s not impossible,” said Sheinkopf.

Both Diaz Sr. and Latimer would leave the Senate for better paying jobs. The County Executive position pays $160,760, up from the long-stagnant $79,500 state legislators make. As a City Council member, Diaz Sr. would also see a significant salary bump, earning $148,500.

The IDC, members of which receive financial and legislative perks as part of their partnership with the GOP, has little to gain from seeking a unity deal before November 2017, when the Diaz. Sr. and Latimer races will be decided.

In anticipation of this week’s special election in Harlem, the IDC released a video, calling on all 32 Democrats -- the number required to pass legislation -- to join them in declaring their support for progressive measures like ethics and voting reform, codifying a woman’s right to choose, and more. The video implies that there are Democrats who don’t support the measures named, references to the socially conservative views of Diaz Sr. and Felder.

"Thirty-two is not a magic number unless there are 32 Democrats who are ready to stand up and unite on policies that combat Donald Trump. Until we achieve unity and stand up for women, immigrants, and the most vulnerable New Yorkers, all talk about a majority is nothing more than meaningless rhetoric on the part of failed leadership,” said IDC spokesperson Candice Giove in a statement.

While Diaz Sr.’s more socially conservative views on issues like abortion and same-sex marriage sometimes pose a problem for fellow Democrats, his district is one of the few heavily Democratic areas of New York City where these positions are not a liability. In 2010, Diaz Sr. was challenged by a Democrat backed by LGBT groups and still won 79.4% of the vote. The senator was not primaried in 2012 or 2014.

While the Democratic Conference might welcome a more progressive replacement for Diaz Sr., the conference is at risk of losing the seat to a Democrat with loyalty to IDC leader Senator Jeffrey Klein, who also hails from the Bronx, noted Sheinkopf.

Meanwhile, Felder, the Brooklyn Democrat who caucuses with Republicans, told Gotham Gazette Wednesday that he would be “very interested in renegotiating the priorities” of his district, provided that the IDC first commit themselves to rejoining with mainline Democrats.

“The IDC represents 25 percent of the Democrats. I think it’s incumbent upon them to rejoin the Democrats to try to take back the majority and not play around, trying to make believe they are any different than the Republican conference,” he said, referencing a letter he sent to Senators Klein and Stewart-Cousins stating as much.

The GOP conference, which does not have without a numerical majority without Felder, is also at risk of losing members this year, which could force them to rely on the IDC for a majority in 2018. Senator Rob Ortt, a Republican from Niagara County, was indicted on charges of filing with a false instrument, and if found guilty, could eventually lose his seat. Senator Philip Boyle, of Suffolk County, was recently nominated as the Republican candidate for county sheriff, though he may face a GOP primary.

Even if the Democrats did unite, it is unclear what a coalition among mainline Democrats, the IDC, and Felder would look like, and who would lead the conference -- Klein, Stewart-Cousins, both, or someone else.

Ultimately, the only way the party will reunite during this short window, is if the governor decides to use his influence to compel party loyalty, according to Richard Brodsky, a former Assemblymember from Westchester and now a Demos scholar.

While Cuomo has signalled that he is comfortable with keeping the Senate GOP in power, Brodsky says the Working Families Party and other progressives have done a good job at publicly pressuring him to reunite the party, and may be more impactful if Cuomo pursues his rumored presidential aspirations.

“In the end, until the governor uses his influence -- which is a strong influence -- there's not going to be a resolution here,” said Brodsky. "The WFP has found innovative ways to step up the pressure and the consequences for Governor Cuomo in 2020 are not, as we say in Italian, ‘chopped liver.’”

***
by Rachel Silberstein, State government reporter, Gotham Gazette
     

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Crowley Appointee to Board of Elections Sees Spike in Queens Court Profits


crowley voting

Rep. Joe Crowley photo: @JoeCrowleyNY


The Queens Democratic Board of Elections commissioner, who in the past has come under fire for conflicts of interest, is quickly becoming one of the highest earning recipients of Queens court patronage, Gotham Gazette has learned.

In 2014, Jose Miguel Araujo, then the newly elected BOE president, was fined $10,000 by the city's Conflicts of Interest Board (COIB) -- the maximum penalty for nepotism -- because he gave his wife Rita Patron Araujo a job as a temporary clerk between 2010 and 2012.

The fines issued against Araujo and other BOE employees followed a scathing 2013 Department of Investigation (DOI) report, which found the agency to be rife with nepotism, incompetence, and overall dysfunction.

"The imposition of the maximum legal fine on the Board’s President should send a powerful message that this conduct will not be tolerated,” DOI Commissioner Mark Peters said in a statement at the time of the fines.

Despite the incident, Araujo was renominated for the position by the Queens County Democratic Party and reconfirmed for a four-year term by the City Council in 2016. Since then, his law practice has become one of the top earners of Queens Court patronage doled out by the Queens Surrogate’s Court and Queens Supreme Court, raising questions about his impartiality as a BOE commissioner and other conflicts of interest this outside business might present.

Before he became a commissioner, from 2005 through 2007, Araujo earned significant payments from the Queens Surrogate’s Court, which settles estates of Queens residents who die without wills. The appointments required Araujo to act as a “guardian ad litem,” to advocate for individuals incapacitated by age or mental illness. After Araujo joined the BOE in 2008, the appointments stopped. Several payments trickled in again in 2011, but after the 2014 COIB fine, the appointments escalated from both Surrogate’s Court and also Supreme Court, which gave Araujo work as a court evaluator or counsel for guardians of incapacitated individuals.

Of the roughly $140,000 Araujo earned from Queens court appointments since 2005, half of the money -- $69,513 -- flowed to Araujo’s practice in the last two years, according to records obtained from the New York State Unified Court System.

Rita Araujo, the commissioner’s wife, has had financial difficulties in her past -- a records search shows she is named in 15 nonpayment eviction lawsuits by a previous landlord between 2000 and 2007 -- and Jose Araujo said during his 2014 COIB deposition that he put her on the BOE payroll to qualify her for health benefits. By 2015, the couple was able to purchase a home in Brookhaven, Suffolk County for $203,000, without a mortgage.

The couple’s additional income appears to be no coincidence -- current Queens Surrogate’s Court Judge Peter Kelly owes his position to Congressional Rep. Joseph Crowley, the chair of the Queens Democratic Party who nominated Kelly before he ran unopposed for a 14-year term in 2010. Kelly’s sister, Ann Anzalone, is Crowley’s district chief of staff and a Democratic district leader, a locally elected party official that comes with no salary but some political clout. As party chair, Crowley also appoints the Queens Democratic representative to the Board of Elections.

In most boroughs, Democratic judicial candidates are nominated by the party heads and must pass the scrutiny of an independent judicial screening panel before they make it on the ballot. In Queens, the Democratic Party does not require a screening for judges and the party’s pick is rarely opposed. For half a century, Queens Democratic Party heads have successfully avoided a primary for the powerful Surrogate’s Court post, but if a rogue lawyer did challenge the party’s preferred candidate, it would be helpful for Crowley to have a friendly Board of Elections commissioner, were anything related to ballot petitions or other matters to arise. This is also the case for virtually all other elected offices, where the county party runs a preferred candidate, whether for seats in the City Council, state Assembly, state Senate, and so on.

The fact that Queens court appointments are notoriously handed out to a select few lawyers by judges that have the backing and support of Crowley’s machine makes the arrangement particularly questionable, according to one election attorney who spoke on the condition of anonymity.

"There doesn't seem to be any reason that [Jose Miguel Araujo] should to be sitting there as a commissioner while he is getting all these appointments. No one can say getting a job as a surrogate in a particular county is unrelated to the politics of the county," said the lawyer. “They have to like you, or you're not getting that job.”

The Queens judicial courts have been plagued by charges of cronyism and patronage for decades. Surrogate’s and Supreme Court judges, hand-picked by party leaders, assign lucrative and easy cases to a small group of lawyers with connections to the Queens County Democratic Party machine. However, besides Araujo, no other sitting Board of Elections commissioner has been handed court appointments since being confirmed to the BOE.

John Kaehny, executive director of Reinvent Albany, a government watchdog group, said the Queens Surrogate’s Courts have been used as a reward system for the party machine for too long and that it’s time for the proper authorities, in this case New York State’s Chief Judge Janet DiFiore, to step in. “The scandal and corruption risk around Queens Surrogate’s has reached a level of outrageousness that’s unacceptable," he said. "It’s turned into a kind of a punchline in good government and political circles."

A Board of Elections commissioner taking payment for these court assignments may also violate the city’s conflict of interest law. Chapter 68 of New York City’s Charter limits the types of outside work public servants who practice law can pursue. For example, public servants may not use their city positions for “financial gain, contract, license, privilege or other private or personal advantage, direct or indirect” -- which would be the case if Araujo’s influence at the BOE was the driving force behind his recent appointments -- according to a 2001 advisory opinion from COIB. They also may not represent private clients that have business dealings before the City, according to the same opinion. While Surrogate’s Court and Supreme Court are state agencies, if a Surrogate's Court estate proceeding results in a property sale, that sale would be conducted by the Queens Public Administrator's Office, which is a city agency.

The Queens public administrator also has ties to the Democratic party machine. The sole counsel to Queens Public Administrator Lois Rosenblatt is Gerard Sweeney, who takes a hefty percentage of each sale referred by the courts. Sweeney -- who in the 1990s was the party’s law chair, charged with ensuring party favorites wound up on the ballot while insurgents were disqualified -- no longer holds an official position in the Queens County Democratic Party, but was described in a recent Daily News article as its “most important strategist, helping guide the party’s political machinations on the homefront as it jousts for influence in City Hall and Albany.”

Sweeney has reportedly earned $30 million since 2006 for administering these sales referred by Surrogate’s Court, according to the Daily News. Meanwhile, Rosenblatt was herself fined $3,000 earlier this month by the COIB for nepotism.

In at least one case, Araujo did represent a client who had business before the public administrator. On November 10, 2011, Araujo was appointed “guardian ad litem” in Queens Surrogate's Court for the estate of Josephine Ralton, a 92-year-old woman who had died in 2009 with no clear heirs. Eight days later, the Queens Public Administrator sold Ralton's luxury Forest Hills apartment. Araujo received a $3,000 payment from Queens Surrogate's Court for his work on the case, according to court records.

Reached by phone, Araujo first denied having received court appointments in recent years. After being reminded that in fact the bulk of his appointments occurred in 2015 and 2016, he said some of cases were done pro-bono because of his “expertise.”

But court records show that only a single appointment throughout Araujo's career has ever gone unpaid - a guardianship for Dorothy Noto Lewis, a BOE employee, in April 2016. When Gotham Gazette pointed out that Araujo had in fact earned nearly $70,000 from Surrogate’s Court and Supreme Court in the last two years, Araujo cited the court’s rules, which limits how much one attorney can earn from court appointments in a calendar year, saying he is “capped out at a certain amount.”

Araujo said he sees no potential conflicts of interest which could arise from holding the part-time but influential job as Board of Elections commissioner while also benefiting from Surrogate’s appointments. "There is no conflict for me. I'm able to distinguish between the two and I’m able to recuse myself if necessary, but that hasn't happened and it hasn't been necessary," he said.

Like other BOE commissioners, Araujo’s work includes voting on whether candidates are eligible for the election ballot. This often includes petition signature validation and cases of petition fraud or irregularity. Commissioners also supervise recounts and oversee numerous issues that impact the voter turnout for elections, including the viability and location of poll sites.

These calls are supposed to be impartial, but the notoriously complex system often favors the incumbent or party’s prefered candidates, while outsiders -- who may be less experienced in electoral requirements or lack resources and access to select election lawyers -- are booted off the ballot.

Araujo maintains that the uptick in court appointments was merited because he is an expert in kinship cases. Meanwhile, he chose to keep his Board of Elections commissioner job, which comes with influence and a salary not to exceed $30,000 per year, according to a city listing.

As the election attorney put it, “There are many, many attorneys who could be appointed to do this job. It would be fair to say that if someone is getting these kinds of referrals from Surrogate's Court [and Supreme Court], they shouldn’t be on the Board of Elections. It’s not like BOE commissioners earn $250,000 a year and people are falling over themselves to get that job.”

A spokesperson for Rep. Crowley, the Queens Democratic Party chair, declined to comment on the distribution of Queens court appointments.

***
by Rachel Silberstein, State government reporter, Gotham Gazette
     

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Housing Development in New York City Slows to a Crawl as Officials Debate Tax Incentives
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Gotham Gazette: 
City Council Examines Low Voter Turnout, Moving Local Elections to Even Years City Council Examines Low Voter Turnout, Moving Local Elections to Even Years