THE. BENJAMIN CENTER SUNY NEW PALTZ Village of Port Chester 222 Grace Church Street Port Chester, NY 10573 Attn: Janusz Richards, Village Clerk

September 6, 2017

Please accept this proposal in response to your Request for Qualifications RFQ #2017-02 regarding "The Development of Alternative Governance Options for Consideration in Future Village Trustee Elections."

The Benjamin Center connects local governments, businesses, not-for-profits, and health care agencies with the expertise of the university's staff and faculty. We assist organizations in all aspects of applied research, evaluation and policy development, using and assessing evidence-based practices. Our work provides municipalities, agencies, and businesses with the opportunity to obtain competitive grants, achieve efficiencies, and identify implementable areas for improvement.

The Benjamin Center has particular expertise in assessing the operation and impact of alternative government structures and processes. Our staff employs a diversity of both quantitative and qualitative research methods, including survey research, reinterpretation of secondary data, mapping, the use of focus groups, and the development of in-depth case studies. We assist our partners with the planning and implementation of systematic evaluation to comprehensively measure the efficacy and efficiency of existing and new programs. Our work has been recognized in particular for the accessibility of our reports. Data, observations, and our analysis is presented in easy to read charts, graphs and tables with narratives that enable successful interpretation, evidence sharing, and collaboration.

Our active presence and work in our region for more than a decade (since 2006) ensures that regional organizations know and trust us. We have a strong reputation for conducting sound, systematic research that has meaningful practical application, assisting organizations in understanding, and then applying the results of our work.

We look forward to a discussion of a future partnership with you. Should you have any questions, please contact Dr. KT Tobin at(845) 257-2901.

Reg^ds,

Gerald Benjamin, Phi Associate Vice President of Regional Engagement Director of the Benjamin Center for Public Policy Initiatives SUNY Distinguished Professor of Political Science

THE BENJAMIN CENTER FOR PUBLIC POLICY INITIATIVES AT SUNY NEW PALTZ 1 Hawk Drive • New Paltz, NY 12561-2443 •(845) 257-2901 • Fax(845) 257-6918 ■ www.n0wpaltz.edu/benjamincenter STATEMENT OF QUALIFICAITONS

Relevant Education

Dr. Gerald Benjamin holds a PhD in Political Science from Columbia University Department of Public Law and Government

Dr. KT Tobin holds a Master's degree in Social Research from CUNY Hunter and a PhD in Sociology from the University of Albany's Department of Sociology

Josh Simons holds a Master's degree in Public Policy from Marist College

Employment History

Gerald Benjamin. PhD is regarded as the leading academic expert on local government in New York State. Professor Benjamin was appointed as Associate Vice President for Regional Engagement and Director of the Benjamin Center at SUNY New Paltz in 2008. Formerly Director of the Center for the New York State and Local Government Studies at SUNY's Rockefeller Institute of Government in Albany, between May of 1993 and March of 1995 Gerald Benjamin served as Research Director of the Temporary State Commission on Constitutional Revision appointed by Governor Mario Cuomo. Earlier he was Principal Research Advisor to a New York City Charter Revision Commission that achieved the most extensive structural changes in the government of that city in recent history. Between 2004 and 2006, by unanimous bipartisan action of the county legislature, Benjamin was appointed to chair the Ulster County Charter Commission. The work of this commission resulted in approval at the polls of the county's first charter; it took effect in January of 2009. In 2007 Associate Vice President Benjamin was appointed by Governor Spitzer to the State Commission on Local Government Efficiency and Competitiveness that in 2008 proposed wide-reaching reforms in local government in New York State. Between 1981 and 1993 Gerald Benjamin was an elected member of the Ulster County legislature. He served in legislative leadership as both Majority Leader(1985-91) and Chairman (1991-93). Ulster County during this time has no elected executive; the legislative chairman was therefore the County's Chief Elected Officer. Ulster County during Dr. Benjamin's tenure had a budget of $165 million and more than 1300 employees. Dr. Benjamin's additional memberships include:

• Member, Transition Team on Local Government Reform, by appointment of Governor-elect Andrew Cuomo (2010) • Member, Steering Committee, New Paltz Town-Village Consolidation Study (2010-present) • Member, Academic Advisory Committee, NYS Attorney General's Local Government Reform Initiative (2009), by appointment of Attorney General Andrew Cuomo • Member, NYS Commission on Local Government Efficiency and Competitiveness, by appointment of Governor Eliot Spitzer (2007-2008) • Member, Transition Advisory Committee, Governor Eliot Spitzer(2008)

KT Tobin is the Associate Director of the Benjamin Center where she reports on civic engagement and voting behavior, as well as in support of the center's redistricting and charter reform projects. Her work includes analysis of racial and ethnic subgroups, including Hispanic/Latino populations. Prior to working at the Benjamin Center, she was the Assistant Director at the Marist Institute for Public Opinion (1997- 2008) where she utilized US Census and Board of Elections data to inform sampling and data weighting for election surveys and analysis of exit polls. She worked as an exit poll analyst at WNBC in New York City from 2000-2008. Tobin is currently on the SUNY New Paltz Economic Impact research team and

1 also holds an elected position on the campus committee studying faculty governance and revising the campus bylaws. In the community, Tobin currently serves as the Deputy Mayor of the Village of New Paltz and is the Public Information Officer for the Town/Village Emergency Preparedness committee. Previously she served on the Village of New Paltz Affordable Housing Board, organizing committees for the New Paltz Regatta and New Paltz Flood Aid, and the board of directors for the Phillies Bridge Farm Project. She is a former vice president of the New Paltz School Board.

Josh Simons is a Senior Research Associate at the Benjamin Center. Simons specializes in geographic information systems (GIS), redistricting, shared service analysis, and data visualization. His recent projects include the creation of charts and diagrams for the Orange County Citizen's Foundation 2015 Report Card and the creation of an online interactive map and web site to display information about vacant properties in the City of Newburgh. Simons has created district maps for the City of Oneonta and Town of Blooming Grove, an online interactive map for The Greater Walkway Experience and served as a consultant for the City of Poughkeepsie Charter Reform Commission. Mapping contracts related to voter rights include:

• Modelling district lines under contract to Newsday through Common Cause for Suffolk and Nassau counties • Reviewing lines developed by Common Cause and adopted by courts for US Congress Districts in NYS

Consulting Experience

The Benjamin Center has consulted for numerous organizations and governmental agencies at the national, state, regional and local levels, including:

United States Department of Education New England Interstate Water Pollution Control Commission Family of Woodstock New York State Department of State New York State Office of Historic Preservation New York State Office of Alcoholism and Substance Abuse New York State Water Resources Institute at Cornell University Reinvent Albany Albany County Comptroller Ulster County Executive Ulster County Comptroller Ister County Department of Health City of Newburgh Rondout Valley Growers Association Westchester Health Alliance City of Oneonta Orange County Citizen's Committee For an Effective New York State Constitution Northern Dutchess Alliance Institute for Family Health Ulster Prevention Council • Family Services, Inc. • Walkill Valley Rail Trail Association • The Local Economies Project/New World Foundation

Select Recent Reports/Projects:

Beacon Charter Commission (2017) Funded by the City of Beacon. Recommended longer staggered terms for at-large council members - rejected by Council.

City of Newburgh (2011) Funded by New York State. Recommended enlarged, mixed at-large/ward based council to increase Hispanic representation - accepted at referendum.

Town of Blooming Grove (2016) Funded by the Town of Blooming Grove. Change from district to at- large system for electing Town Board - accepted at referendum.

Poughkeespsie Charter Commission (2016) Funded by the Dyson Foundation. Recommended additional at-large council member to serve as council president - accepted at referendum.

"At-Large Elections in N.Y.S. Cities, Towns, Villages and School Districts and the Challenge of Growing Population Diversity" Albany Government Law Review (2012) pp. 733 - 768.[Includes consideration of Port Chester]

Regional Collaboration in Jailing in the Hudson Vallev (2012) Funded under a grant to Orange County by the New York State Secretary of State.

Intergovernmental Collaboration in Ulster County (January 2010). Funded under a grant to Ulster County by the New York State Secretary of State.

Northern Dutchess Alliance Shared Service Study (2013). Funded by Dutchess County

Redistricting for Citv of Oneonta (2012). Funded by the city.

SIENA RESEARCH INSTITUTE

If polling is needed, we work directly with the Siena Research Institute. Founded in 1980 at Siena College in New York's Capital District, the Siena Research Institute (SRI) conducts regional, statewide and national surveys on business, economic, political, voter, social, academic and historical issues. The surveys include both expert and public opinion polls. The results of SRI surveys have been published in major regional and national newspapers, including The Wall Street Journal and The New York Times^ as well as in scholarly journals, books and encyclopedias(both print and online). Survey results are regularly featured on local and national television and radio. SRI is a full-service public opinion research center that assists policymakers, business leaders, and civic organizations to gather and understand information for strategic planning. GERALD BENJAMIN 19 Prospect Street New Paltz, New York 12561 (845) 255-5279

Personal:

Bom April 10,1945 in Brooklyn, New York. Married. Three children. Two grandchildren. Hobbies: Tennis, foreign travel, reading mystery novels. Work Address: Center for Research, Regional Education and Outreach(CRREO), HAB 705, State University of New York at New Paltz, New Paltz, New York, 12561. Phone: 845-257-2901; FAX: 845-257-2899; e-mail: [email protected].

Education:

Ph.D., 1970, with distinction, Columbia University, Department of Public Law and Government. Major Field: American Government; Minor Field: American History.

M.A., 1967, Columbia University, Department of Public Law and Government.

A.B., 1965, cum laude, St. Lawrence University, Canton, New York. Major: Govemment, Minor: History.(Distinguished Alumnus Award, June, 2001)

Work Experience: (selected)

July 2008 - Present. Associate Vice President for Regional Engagement and Director, Center for Research, Regional Engagement and Outreach (CRREO),SUNY, New Paltz.

July 1996 - July 2008. Dean, College of Liberal Arts and Sciences, SUNY, New Paltz, NY 12561.

April, 2002 - Present. SUNY Distinguished Professor of Political Science

Fall, 2004 - Visiting Professor (invited), Meiji University, Tokyo Japan.

November, 2003 - Honorary Professor, Xi'an Intemational Studies University, Xi'an, China.

August - September 1996. Serbelloni Fellow in Residence - Rockefeller Foundation Conference Center, Bellagio, Italy.

January 1993 - June 1996. Director, Center for New York State and Local Govemment Studies, Rockefeller Institute of Govemment, SUNY, Albany, N.Y.

1 January 1993 - 1995. Research Director, Temporary State Commission on Constitutional Revision.

September, 1981 - present. Professor of Political Science, State University College, New Paltz, New York. (1968-72: Assistant Professor; 1972-81: Associate Professor; 1977-79 & 1991: Chairman).

January, 1982 - December 1993. County Legislator, District Eight, Ulster County, New York. (Chairman and Chief Elected Officer, 1992 - 1993; Majority Leader, 1986 - 1991).

July, 1987 - Jan., 1990. Principal Research Advisor, New York City Charter Revision Commission (full time while on academic leave, 1987-88).

September, 1984 - August, 1985. Senior Fellow. Rockefeller Institute of Government, State University of New York.

January, 1985 - May, 1985. Visiting Lecturer. Vassar College.

March, 1980 - January, 1981. Fulbright Lecturer in American Studies, University of Tokyo and Japanese Foreign Ministry School.

September, 1976 - June, 1977. National Endowment for the Humanities College Teacher Fellow in Political Science, University of Wisconsin, Madison.

May, 1972 - September, 1978. Research Associate, Academy of Political Science, New York, New York.

March, 1970 - January, 1972. On active duty with the U.S. Army. Captain, Army Medical Department.

Additional Professional and Community Service Activities: (selected)

Member, Transition Team on Local Government Reform, by appointment of Governor-elect Andrew Cuomo (2010)

Member, Steering Committee, New Paltz Town-Village Consolidation Study (2010-present)

Member, Academic Advisory Committee, NYS Attorney General's Local Government Reform Initiative (2009), by appointment f Attorney General Andrew Cuomo

Member, NYS Commission on Local Government Efficiency and Competitiveness, by appointment of Governor Eliot Spitzer(2007-2008) Board Member, Elting Memorial Library, New Paltz, New York (2006-2008)

Member, Transition Advisory Committee, Governor Eliot Spitzer (2008)

Academic Advisory Committee Member, NYS Office of the Comptroller, Division of Local Government and School Accountability(2007 - Present)

Chairman, Ulster County Charter Commission (July 2004- December, 2006)

Consultant on Intergovernmental Collaboration, County of Chemung, New York State (2003 - 2004)

Expert Witness (Reapportionment Litigation), Rodriguez v. Pataki(2003)

Member, Board of Directors, Huguenot Historical Society(2002 - 2006)

Member-at-Large, Real Property Tax Alliance. NYS Office of Real Property Tax Services (2001 - 2004).

Member, Advisory Council, State Mandates Project, Institute for Local Governance and Regional Growth, University of Buffalo (Fall, 2000).

Member, Editorial Board, Encvclopedia of New York State

Consultant, Legislative Development, SUNY Uganda Project(Summer, 1999).

Consultant, Japan Local Government Center of New York (1997 - 2000).

Consultant, New York State Department of Civil Service and Rockefeller Institute of Government, PMI Training Program (1998- 2009).

Chairman, Commissioner's Review of the New York State Education Department(by appointment of the Commissioner of Education, 1995-1996).

Member, Board of Directors, Northeast/Midwest Institute (1994 - 1999).

Member, Board of Directors, Catskill Center for Conservation and Development(1994 - 2000).

Consultant, Governor's Office of Employee Relations (1983- 1998).

Member, Board of Directors, Jewish Community Council of Ulster County(1993 - 1996). Member, New York State Equalization and Assessment Panel(by appointment of Governor Mario M. Cuomo (1992 - 1994).

Member, Lower Hudson Study Commission on School District Reorganization and Sharing(by appointment of the Commissioner of Education, 1992).

Member, Board of Directors, New York State Associate of Counties (1991-1993).

Member, Board of Directors, Stewart International Airport(l 991-1993).

Member, Board of Directors. Ulster County Development Corporation (1992-1993).

Chairman, Ulster County Council on Children and Families(1989 - 1993).

Member, Citizen Advisory Committee for Minnewaska Park, Palisades Interstate Park Commission (1987-1992).

Consultant, The Manhattan Institute (1987-1989).

Consultant, Public Management Institute, New York State Department of Social Services, 1990 - 1995).

Member, Board of Directors. WAMC. Albany Public Radio (1987- Present).

Coordinator, Japan-New York State Leaders Exchange(a program of the Rockefeller Institute, June, 1984 - June, 1986).

Contributing Editor. Empire State Reports Magazine (1986-88,1991 - 1994).

Consultant, Legislative Committee on Economy and Efficiency in Government(1984).

Consultant, World Book Encyclopedia(1985 - 1996).

Seminar Participant, NEH Summer Seminar on the American Presidency, New York University (1981).

University Service: (selected)

Member, Board of Overseers, Rockefeller Institute of Government(2013 - present)

Member, Search Committee, SUNY New Paltz Associate Vice President for Sponsored Research (2013) Member, Search Committee, SUNY New Paltz VP for Administration (2013)

Member, SUNY Distinguished Professor Review Committee (2011-2013)

Member, Steering Committee, Chancellor's SUNY Strategic Planning Process (2009- present)

Member, Search Committee for the Director, Rockefeller Institute of Government(2009-2010)

Member, Curriculum Committee, SUNY Levin Institute (2001 - 2002)

Member, Advisory Board, SUNY- YOK (Turkish Higher Education) Joint Degree Programs (2001 - Present)

Member, Search Committee for College President(2002)

Member, Liberal Arts and Sciences Senate (1991 - 1993 and 1995)

Member, Central Committee on Tenure and Reappointment(1988 - 1992, 1994 - 1996)

Chairman, Ad Hoc Committee on Campus Governance (1984)

Presiding Officer, College Faculty (elected), 1981-1984.

Faculty Senator, Liberal Arts, 1977-79.

Chairman, Department of Political Science, 1977-79.

Publications: (selected)

Books and Monographs:

(editor) with Peter Galie and Christopher Bopst."New York's Broken Constitution (Albany: SUNY Press, 2016).

(editor). The Oxford Handbook of New York State Government and Politics(New York: Oxford University Press, 2013)

(one of several consulting editors) Mv World Social Studies: New York - 4^ Grade Workbook (Upper Saddle River: Pearson Publishing, 2011) with Dan Feldman. Tales From the Sausage Factorv: Making Laws in New York State (Albany: SUNY Press, 2010) with Richard Nathan. Reedonalism and Realism: A Study of Governments in the New York Metropolitan Area (Washington: Brookings Institution Press, 2001) A Century Foundation Project. with Henrik Dullea (eds). Decision 1997: Constitutional Change in New York (Albany: Rockefeller Institute Press, 1997). with Michael J. Malbin (eds.) Limiting Legislative Terms(Washington: Congressional Quarterly Press, 1992). with Robert T. Nakamura (eds.) Making of the Modem New York Legislature (Albany: The Rockefeller Institute, 1992).

(editor). Tom Dewev Remembered (Albany: The Rockefeller Institute, 1991). with Frank J. Mauro (eds.) Restructuring the New York City Government: The Reemergence of Municipal Reform (New York: The Academy of Political Science, 1989). with Charles Brecher (eds.) The Two New Yorks: State and City in a Changing Federal System (New York: Russell Sage Foundation, 1989). with T. Norman Hurd (eds.). Making Experience Count: Managing Modem New York in the Carey Era (Albany: The Rockefeller Institute, 1985). with T. Norman Hurd (eds.). Rockefeller in Retrospect: The Governor's New York Legacy (Albany: The Rockefeller Institute, 1984).

(editor). The Communications Revolution in Politics(New York: The Academy of Political Science, 1982).

(editor). Private Philanthropy and Public Elementary and Secondary Education (Tarrytown: The Rockefeller Archive Center, 1980). with Robert Connery. Rockefeller of New York: Executive Power in the Statehouse (Ithaca: Cornell University Press, 1979). with Robert Connery (eds.). Governing New York State: The Rockefeller Years(New York: Academy of Political Science, 1974).

Race Relations and the New York City Commission on Human Rights (Ithaca: Cornell University Press, 1974). Government Reports (selected):

(with Joshua Simons). Regional Collaboration in Jailing in the Hudson Valley(SUNY New Paltz, Center for Research, Regional Education and Outreach [CRREO], January, 2012) Funded under a grant to Orange County by the New York State Secretary of State.

(with Joshua Simons). Intergovernmental Collaboration in Ulster County(SUNY New Paltz CRREO,January 2010). Funded under a grant to Ulster County by the New York State Secretary of State.

(with Peter Goldmark, Pauline Toole and Eric Lane, for the Commission). Effective Government Now for the New Century: The Final Report of The Temporary New York State Commission on Constitutional Revision (Albany: The Temporary State Commission on Constitution Revision, February, 1995).

(editor). The New York State Constitution: A Briefing Book (Albany: The Temporary State Commission on Constitutional Revision, 1994).

(with Pauline Toole and Eric Lane, for the Commission). The Delegate Selection Process: An Interim Report (Albany: The Temporary State Commission on Constitutional Revision, March, 1994).

(with Doug Muzzio and Tim Tompkins). Structure. Organization and Powers of the City Council (New York City: Charter Revision Commission, 1989).

(with Tim Tompkins). Filling Vacancies(New York City: Charter Revision Commission, 1989).

Selection of the Comptroller and Functions of the Office(New York City: Charter Revision Commission, in draft, 1989).

Origins of the Borough System (New York City: Charter Revision Commission, 1989).

Essays (selected):

With Tomas Cetrino (2014). "Classification of Property for Taxation in New York State: Issues and Options"(CRREO Discussion Brief#13, Fall 2014) New Paltz New York: State University of New York at New Paltz Center for Research Regional Education and Outreach. "At-Large Elections in N.Y.S. Cities, Towns, Villages and School Districts and the Challenge of Growing Population Diversity" Albany Government Law Review (2012) pp. 733 - 768.

"When Does a Gambling Prohibition Not Prohibit Gambling?" Albanv Law Review (2011/2012) pp. 739-762.

With Zachary Keck). "Executive orders and Gubernatorial Authority to Reorganize State Government" Albanv Law Review (2010/11) pp. 1613- 1636.

"A Convention for New York: Overcoming Our Constitutional Catch 22." New York State Bar Association Government Law and Policv Journal (Spring, 2010 pp. 13-17)

With Michael Hattery and Rachel John."Lessons on Sharing Services from the First Two Years of the SMSI Program: the Highlights" Government Law and Policv Joumal (Winter, 2007) pp. 69-77.

"The Necessity for Constitutional Change" Albanv Law Review (2006) pp 877 -888. Note: this is an edited conference proceeding.

"George Pataki and the Institution of the Governorship in New York" Government Law and Policv Joumal (Winter, 2005) pp. 53-58.

"Reform in New York: The Budget, The Legislature and the Governance Process" Albanv Law Review (2004) pp. 1021 - 1069.

"State Constitutional Change Processes," in Alan Tar and Robert Williams (eds.) State Constitutions for the Twentv First Centurv. Vol. Ill (Albany: SUNY Press, 2006)

"City Government,""Comptroller," "County Government,""Mario M. Cuomo,""Democratic Party - Part II," "Elective Offices, Statewide," "Governor,""Legislature (New York State)," "Lieutenant Governor,""Motor Vehicles, Department of," "Rockefeller, Nelson A.,""Secretary of State,""Town Government,""Tri-State Area," "Village Government," Wilson, Malcolm C." all for the Encvclopedia of New York State (Syracuse: Syracuse University Press, 2005).

"The Mandatory Constitutional Convention Question Referendum: The New York Experience in National Context," Albanv Law Review (2002) pp. 1017 - 1050. This essay also appeared in an edited version in Alan Tarr, and Robert Williams, R (eds.) State Constitutions for the Twentv- First Centurv: the Politics of State Constitutional Reform. Volume I(Albany: SUNY Press, 2006).

"Joseph P. Chamberlain." American National Biographv(NY: Oxford University Press, 1999) "Systems of Representation for Legislatures in Democracies" in George Thomas Kurian (ed.) World Encyclopedia of Parliaments and Legislatures. Vol. 2(Washington: Congressional Quarterly, 1998) pp. 853 - 859.

"Vote 'Yes" for a Constitutional Convention," in Citvlaw (May, 1997) pp. 49, 51-54.

(with Tom Gais). "Constitutional Conventionphobia," Hofstra Law and Policy Symposium (1996) pp. 53-77.

(with Melissa Cusa). "Changing Government Structure Through Legislatively Initiated Constitutional Reform," in Alan Tarr ('ed.)Constitutional Politics in the States (Westport, CT: Greenwood Press, forthcoming, 1996).

(with Tom Gais). "Public Discontent and the Decline of Deliberation: A Dilemma in State Constitutional Reform." Temple Law Review (Fall. 1995) pp. 1291-1316.

"Nelson Rockefeller and the Emergence of the Appointive Vice-Presidency," in Bernard J. Firestone and Alexej Ugrinsky (eds.) Gerald Ford and the Politics of Post-Watergate America. Vol. 1 (Westport, Ct.: Greenwood Press, 1993) pp. 162-179.

(with Peter Goldmark). "Considering Constitutional Change for New York," The Rockefeller Institute Bulletin (1993) pp. 38-40.

(with Michael Malbin)"Why Is There No Real Terms Limits Debate in New York?," Empire State Reports (November 1992).

(with Michael Malbin). "Term Limits for Lawmakers,: The Rockefeller Institute Bulletin (1992) pp. 4-7.

"Governor Thomas E. Dewey: A Model of Leadership," The Rockefeller Institute Bulletin (1992) pp. 53-56.

"The Charter" and "Civil Service" in The Encyclopedia of the Citv of New York(New Haven: Yale University Press, 1995).

"Obituary: The Regents Scholarship," Empire State Report(August, 1992) pp. 29-30.

"Change the Rules, Change the Game," Empire State Report(October, 1991), pp. 37-39. with Robert T. Nakamura. "The Modem New York Legislature," Rockefeller Institute Bulletin (1991) pp. 11-14. "George Washington Plunkett" and "Nelson Rockefellef in Maisel, S.(ed.). Political Parties and Elections in the United States(New York and London: Garland, 1991, Vol. II) pp. 813-814.

"The State/City Relationship," in Jewel Bellush and Dick Netzer. Urban Politics: New York Style(New York: M.E. Sharpe, 1990) pp. 223-244.

"George Clinton: Political Professional in the New York Governorship," in Stephen L. Schecter and Richard R. Bernstein. New York and the Union (Albany: New York State Commission on the Bicentennial of the United States Constitution, 1990) pp. 385-398.

(with Steve Morris and Azra Farrell). "Delivering Children's Services: The Experience of Ulster County," in Frank J. Macchiarola and Alan A. Gartner (eds.) Caring For America's Children (New York: Academy of Political Science, 1989).

"The Albany Triad," Empire State Reports (November, 1987) pp. 53- 57.

"The Power of Incumbency," Empire State Reports (April, 1987) pp. 33-37. with Charles Brecher. "Interactions Between State and City: Economic, Social, Legal and Political," CBC Ouarterlv (Winter, 1987) pp. 3-10.

"Budgeting: More Than Just Money," in Thad Beyle (ed.) State Government: C.O.'s Guide to Current Issues and Activities. 1986- 87(Washington: Congressional Quarterly, 1987) pp. 95-96.

"Budget Battles Between the Governor and Legislature: A Recurring Conflict," CBC Ouarterlv (Spring, 1986) pp. 10-11.

"The New York State-Japan Exchange: A Retrospective," Forum (Summer, 1986 pp. 3-4).

"The Governor and the Attorney General in New York,"(Albany: The Rockefeller Institute, 1986).

"Reorganization in New York State in the Twentieth Century," New York Affairs. Vol. 9,#3, (1986), pp. 94-105.

"The Diffusion of Executive Power in American Constitutions: Tenure and Tenure Limitation," Publius (Fall, 1985), pp. 71-84.

"The Gubernatorial Transition in New York," in Thad L. Beyle (ed.) Gubernatorial Transitions: The 1982 Election (Durham: Duke University Press, 1985) pp. 341-371.

"A New York State Department of Justice?," Empire State Reports (April, 1985) pp. 15-18, 32.

10 "The Governorship in an Era of Limits and Change," in Peter Colby (ed.) New York State Today. (Albany: SUNY Press, 1984). pp. 125-138. This essay was revised and reprinted in three later editions. "The Diffusion of the Veto Power in State Constitutions," State Government. Vol. 55, No. 3 (1982) pp. 99-105.

"Japan in the World of the 1980's," Current History (April, 1982) pp. 168-172, 179-180.

"Dissection in the Ranks: Constitutional Revision in Japan and America," PHP International (July, 1981) pp. 29-34, 59-64.(Spanish language edition, June, 1982).

"Japan Votes for Jimmy Carter," Diamond Magazine(November 1, 1980) pp. 28-31 (Japanese).

"Carter's Dilemma," Asahi Journal (August 15, 1980) pp. 31-55 (Japanese).

"Constitutional Revision in New York State," in Essays on the Genesis of the Empire State (Albany: New York State Bicentennial Commission, 1979) pp. 35-50.

"Israel: Too Much Democracy?," Midstream (May, 1977) pp. 3-13.

"On Making Teaching 'U'," P.S.(Winter, 1971) pp. 41-47.

Reviews, Conference Papers and Commentary:

Book reviews in: American Political Science Review: Journal of Politics: Political Science Quarterly: Public Administration Review: New York History: and PHP International.

Manuscript reviewer for: Oxford University Press; McGraw-Hill; Random House: University of Wisconsin Press; Macmillan; Holt Reinhart and Winston; Addison Wesley; Prentice Hall; Greenwood Press; Farleigh Dickinson University Press; New York Academy of Sciences; SUNY Press; Journal of Politics: Political Science Quarterly: Western Political Quarterly: Publius; Urban Affairs Quarterly: Journal of Political Communication: State and Local Government Review.

I have regularly delivered conference papers and commented at national and regional professional meetings. In addition, I have organized professional conferences for the Academy of Political Science; the Rockefeller Archive Center; the Rockefeller Institute; and at SUNY New Paltz.

Frequent opinion essays and extensive commentary on Public Affairs, with special emphasis on New York, in newspapers, on television and radio and on the web in New York State, nationally and abroad.

11 Frequent speeches and training presentations to associations and civic groups on governmental reform issues.

References(on request)

Updated on September 6,2017

12 Contact

Joshua A. Simons Home:(845) 471-3865 Mobile:(845) 309-4409 Profile

Senior Research Associate 29 Wilson Blvd. The Benjamin Center for Public Policy Initiatives Poughkeepsie, NY,12603 State University of New York, College at New Paltz [email protected]

Skills

I'hc abiiit)' to collect, manipulate, and analyze data from a broad range of sources The abiiit}' to work on multiple projects simultaneously, in a supervisor}' and/or technical role, to balance priorities and achieve results within specified timeframcs and budgets Proficiency in summarizing and analyzing data, and reporting the results using an array of software including SPSS, Microsoft Word, I ixcel, and PowerPoint, and the demonstrated capacit}' to consider information inquisitively, to analyze, and critically draw inferences as well as experience in developing research methodology Proficiency in CIS practices and applications including liSRI (.ArcDesktop) and Google l-iarth Pro, as well as integrating •AutoGAD, I'lSRl, and Google liarth files A proficiency in utilizing the Google javascript .API's to create online interactive maps,and dashboards [Experience with creating online interactive dashboards using tableau Data A'isualization in both print and interactive online formats Demonstrated ability to lead teams to accomplish project goals on budget and meeting deadlines The ability to conduct interviews, and tie anecdotal information from policy makers to data sources Proficiency in multiple computer operating environments including Windows, Mac, Linux, and Unix In depth knowledge of local government structures and functions in New York State (Expert in rcdistricting in New A'ork State

Education 2016 Master's Degree in Public Administration Marist (Eollege (4.0 GPA) Bachelor's Degree in Political Science ZUUo (Eoncentration in American Government and Politics State University of New York at New Paltz (3.6 GPA) 1997 Regent's Degree Red I look Central High School

Selected Work Experience SUNY New Paltz, The Benjamin Center for Public Policy Initiatives January 2009 - Present Senior Research Associate Shared Service Research: • Co-.Authored liitergoveriwieiilal Collaboration in Ulster Coun^\ a major study to examine the public sector in Ulster County and examine the potential for shared services amongst local governments. • Co-/\uthorcd A CoHaboratm, RegionalApproach to jailing in the Hudson Valley Discussion Brief, Spring 2009 • Took the lead in researching the potential for collaboration amongst count}- jails in the Hudson A'allcy in a year- and-a-half long study funded by the NA'S Dept. of State, culminating in co-authoring^ Collaborative Approach to Countyjailing in the Hudson Valley: Investigating the potentialfor Collaboration amongst the Couny jails in the Hudson Vally • Co-.Authored the Northern Dutchess Alliance Shared Sei-vices Studv Other Research: • Co-.Authored Poughkeepsie Plenty:A Community FoodAssessment, The Benjamin Center's IP'' Discussion Brief, Winter 2014 • Conducted the statistical jail population forecast for the 2013 Dutchess County Criminal Justice Council's Needs Assessment Validation Study as a subcontractor to Ricci Greene and .Associates • -Assisted in content creation, research and executive support for the (Eitizens' Committee for an I.Effective Constitution initiative ("www.effectiveny.oriA. a "coalition of oppositcs" led by Bill Samuels, .Assembly Minority I-eadcr Brian Kolb, and Dr. Gerald Benjamin, to inform the discussion of constitutional change in New A'ork State. • Co-wrote Ulster County Revenue Trends 2002 — 2009 for the Ulster (Eounty (Eomptrollcr's office • Was hired as a consultant by the City of Poughkeepsie to assist them in the process of reviewing and amending the Citv Charter Selected Work Experience (Continued)

Online Intcfactivc: • Developed an interactive web site demonstrating what the demographic makeup of ("ongress would be if the delegations from each state were reflective of the demographics of that state hrtp://crreo-newpalt/.edu/conL'ress/ • Developed and interactive timeline of the w()rk conducted by CRRDO for presentation at the rebranding / name change ceremony for The Benjamin (R-nter hitp:/ /erreo.newpalry..e<.Ui/timeline/ • Created an online interactive mapping application to display information about MS4 outfalls in Dutchess, Ulster and Orange Counties, April 2014 iup'':/ /hiidsonwarersiied.ori'/insdinap/ • Desigjicd a web site, and created an online interactive mapping application to display infoimation on the vacant properties in the Cit)' of Newburgh to be used by the (dty management, and the land bank to implement their revitalization plan. It can be found at: hrr]">://vpmap.cityofnewbiiri.'li-ny.L'ov/ • Successfully wrote a grant, received funding, and managed a team in creating an interactive online mapping application to display information on some 1770 properties of historical significance in the Town of New Paltz. This innovative project was the first of its kind in both the scope and the interactive online interface which took l.ixcel spreadsheets and liSRl CIS shapefiles and layers, melding them into an interactive online user experience utilizing (joogle Maps as an interface. Later added to the project with the production of an informational / promotional video, time-morjih photography, additional property research, and an interactive timeline of the settlement of New I'altz. The result of this project can be found at: hpc.rowiinliR'wpaltz.oiv • Developed an online interactive map to display the location and information on all of the trees on campus at SUNY New Paltz, and oversaw the creation of an addition to the site to display information about a study conducted on the South forest hrtp://crieo.newpalrz.edu/trees Redistricting: • Project Lead as the Redistricting (k)nsultant for the City of Onetmta. (Conducted interviews, Drew Wards Maps, Managed Relationships with the Client, resulting in successfully redistricting the cit>'. • Advised Common Clause NY on the creation of Reform Maps, which have been widely publicized as an Independent alternative to the proptjscd I.ATI'OR redistricting maps, including the Congressional map that is substantially similar to the plan that was created by the federal Special Master in the last redistricting process • Developed potendal independent county legislative redistricting plans for Nassau, Suffolk, and Westchester Counties for Newsday, and the UM.\P NY initiative • Sat on a panel of judges for the 2012 New York Redistricting (k)mpetition through Pordham University Law School • Was active in analysis and criticism of Orange County's Redistricting efforts, and through public testimony, the creation of alternative plans, and Op lids in the Times I lerald Record, was cited in the Special Master's Report and Recommendations after the count)' turned their redistricting process over to a federal judge. • Published numerous articles and editoiials in media outlets ranging from Newsday to the Buffalo News • Was hired as a consultant by the Town of Blooming Grove to assist them in creating a Ward System for the election ofTown Council Members Other: • (ireated the graphics, charts, and tables for the (Irani-e (lountv Ciri/en's iMuindation 2015 Report Card • Developed the brochure map for the Wallkill Valley Rail Trail Association • Developed a process and workflow for the creation of highly detailed 3D printed maps using Digital Hlcvation Models to create 3D CAD Models that can then be printed

Additional Certifications / Skills / Activities

Serves as a representative of The Benjamin Center at NYS Governor, .\ndrew Cuomo's LSPRl - Newburgh Anti- Povert)' Task Porce (formerly C(i>Re) Served as the Cliair of the Policy working Group for Poughkeepsie Plenty, and organization working on food security issues within the City of Poughkeepsie Served on the United Way's .\L1CP Research Advisoiy Committee for NY State (2016) Served on the United Way's ALICP Project National Consequences Report .Advisory Committee (2016-present) Served on the "Brain Trust" Advisory Committee for the Poughkeepsie Community P'ood Securit)' .Assessment, a USD A funded research and development project for food security in the city of Poughkeepsie (2011-2013) NYS Nocaty Public ClTl certified for experimentation on human test subjects PCC Licensed (General Class) amateur radio operator TOBIN, KATHLEEN (KT) OFFICE RESIDENCE The Beniamin Center for Public Policy Initiatives 6 Lincoln Place State University of New York at New Paltz New Paltz, NY 1 2561 1 Hawk Drive 845.206.8853 Haggerty Administration Building, Room 704B [email protected] New Paltz, NY 12561 845.257.2901 [email protected]

EMPLOYMENT 2012- Associate Director, The Benjamin Center at SUNY New Paltz (formerly CRREO) 2010- Lecturer, Sociology, SUNY New Paltz Courses taught: Research Methods, Intro to Sociology, Social Inequality, Women in Politics 2008-201 2 Assistant Director, Center for Research, Regional Education, and Outreach (CRREO) 2003-2008 Assistant Director, Marist Institute for Public Opinion, Marist College 2000-2008 Lecturer, Public Administration, Marist College 2000-2003 Survey Center Director, Marist Institute for Public Opinion, Marist College 1997-2000 Survey Operations Director, Marist Institute for Public Opinion, Marist College

EDUCATION Ph.D. Sociology. State University of New York at Albany, 2016. Dissertation: Gender: Impacts on Participation in Elected Local Government Committee: Gwen Moore (chair), Christine Bose, Ronald Jacobs Comprehensive exams: Gender, Political Sociology M.S. Social Research. City University of New York at Hunter College, 2002. Thesis: Mid-Hudson Residents and Community Leaders: Demographic and Attitudinal Comparisons B.A. Sociology. State University of New York at New Paltz, 1992.

RESEARCH INTERESTS ■ Regional research, with a focus on the Mid-Hudson region of New York State ■ Political sociology, with a focus on voting and elections, civic engagement, government transparency, and women in politics ■ Community indicators, with a focus on sustainability and social justice ■ Stratification and inequality, with a focus on race, gender, and class ■ Educational reform, in particular taxation and standardized testing ■ Food systems, in particular food insecurity and local/regional agriculture

CURRENT PROJECTS 2017- PI, True Cost of Quality Living in the Mid-Hudson, Local Economies Project ($175,000), Phase 2 2017- PI, Orange County, NY: Climate Vulnerability Assessment and Adaptation Strategies ($50,034) 2016- PI, The Value of Preserved Land in the Mid-Hudson, Regional Plan Association ($100,000) 2016- Researcher, SUNY New Paltz 2016 Economic Impact Statement 2014- Researcher, Albany County Local Government Collaboration for Efficiency ($1 32,996)

PREVIOUS PROJECTS 2016-2017 PI, True Cost of Quality Living in the Mid-Hudson, Local Economies Project ($66,451), Phase 1 2014-2017 Organizer, 2017 Women's Right to Vote New York State Centennial conference 2015 Co-PI, Time on NYS State Tests study 2015 Member and Event Coordinator, Wallkill River Watershed Alliance 2014-201 5 PI, Mid-Hudson Municipal Use of Technology & Participation, New York State ($20,000) 201 2-2014 PI, Planning and Implementing Green Infrastructure to Improve Watershed Resiliency in the Saw Mill Brook Watershed and Village of New Paltz ($219,434) 2014 Co-PI, Mid-Hudson Arts & Culture: The Economic Impact, New York Community Trust ($20,000) 2014 Researcher, Hudson River Watershed Alliance (HWRA) Mapping, HWRA ($10,000) 201 3 Chair and Event Coordinator, Campus Green Infrastructure Symposium 201 3 Researcher, Northern Dutchess Shared Services, Northern Dutchess Alliance ($15,351) 201 3 Researcher, Ulster County DOH Community Health Assessment, Ulster County ($19,547) 2013 Researcher, Mid-Hudson Sustainability Plan, Governance chapter. Orange County ($4,000) 2013 Member and Event Coordinator, Agriculture Supporting Community conference 201 3 Member and Event Coordinator, 2020 Vision Public Education conference 201 2 PI, Ulster County Water Resources, Water Resources Institute ($10,895) 201 2 Member and Event Coordinator, Is there a Hudson Valley Regional Agenda? 201 2 Advisor and Event Coordinator, Zero Waste event 201 2 Event Coordinator, Ulster County Creek Week event 2009-2011 PI, Mid-Hudson Food Purchasing and Civic Engagement, UUP ($1,000) 2011 Event Coordinator, An Evening with the Planners event 2011 Assistant Researcher, Rondout Valley Farm to School Feasibility Study, Local Economies Project 2011 PI, SUNY and Well-Being in New York State, SUNY Central ($75,162) 2011 Advisor and Event Coordinator, Water Resources and the Regional Economy conference 2011 Advisor and Event Coordinator, Arts Along the Hudson event 2011 Event Coordinator, Ulster County Trail conference 2011 Advisor and Event Coordinator, Financing Education through Income Taxes event 2008-2010 PI, Regional Well-Being, U.S. Department of Education ($286,899) 2010 Advisor and Event Coordinator, Keeping PACE with Energy event 2010 Event Coordinator, Watershed Planning Across Political Boundaries event 2010 Researcher, Ulster County DOH Youth Body Mass Index (BMI) study, Ulster County ($22,101) 2009 Event Coordinator, The Hudson: America's River event 2009 Event Coordinator, Innovative Responses to the Current Funding Crisis in the Arts 2009 Event Coordinator, Stream Monitoring Workshop 2009 Event Coordinator, Ecotones and Transitional Zones 2003-2008 Researcher, Hunger in NYC: Tracking Survey of City Residents 2001-2008 Researcher, Post-911 Emergency Preparedness Surveys of NYC, USA 2000-2008 Advisor and Analyst, WNBC Channel Four, Primary and Election Day Exit Polls 2000-2008 Researcher, Political Issues and Election Survey Research in NYC, NYS, US 2008 Researcher, The Papal Visit: A Survey of U.S. Residents 2002, 2007 Researcher, Many Voices, One Valley, Mid-Hudson Community Priorities study 2005-2006 Researcher, Post-Katrina Emergency Preparedness Surveys in LA, Ml, and NYC/S 2002, 2006 Researcher, Marist College Alumni Survey 2006 Researcher, Inside Public Education: How Residents* View Public Education, Dutchess & Ulster 2006 Researcher, Health Care and Transportation Issues: Study of Parents in the U.S. 2001 -2005 Researcher, 9/11 Reactions: Surveys of New York City and U.S. Residents 2001 -2005 Researcher, 9/11 Reactions, Surveys of Parents in New York City and the U.S. 1998, 2004 Researcher, Weekly Community Newspaper Readership Surveys 2004 Researcher, Confidence in Judicial Election: Survey of NYS Residents and Judges 2004 Researcher, Property Taxes and Public Schools: A Study of NYS Registered Voters 2004 Researcher, Hudson Valley Business Climate: A Survey of Four Industry Sectors 2003 Researcher, Nutrition in the Public Schools: A Survey of Parents in the U.S. 2003 Researcher, Looking Toward the Future: A Survey of the Town of Poughkeepsie 2003 Researcher, Hunger in New York City: A Tracking Survey of NYC Residents 2003 Researcher, Health Care: A Survey of Low-Income Seniors in the U.S. 2002 Researcher, Corporate Environmental Responsibility: A Survey of U.S. Residents 2002 Researcher, Housing: A Survey of Public Opinion in the Hudson Valley 2002 Researcher, Nuclear Energy: A Survey of 10- and 50-Mile Radii of the Indian Point 2 2002 Researcher, 2002 Researcher, 2001 Researcher, 2001 Researcher, 2001 Researcher, 2001 Researcher, 2001 Researcher, 2001 Researcher, 2001 Researcher, 2001 Researcher, 2000 Researcher, 2000 Researcher, 2000 Researcher, 2000 Researcher, 2000 Researcher,

PEER REVIEWED PUBLICATIONS Nevarez, L, Tobin, K., Waltermaurer, E. 2015. Food Acquisition in Poughkeepsie, NY: Exploring the Stratification of "Healthy Food" Consciousness in a Food-Insecure City. Food, Culture, & Society. Winter 2016.

Oboch, B., Tobin, K., Civic Agriculture and Community Engagement. 2014. Agriculture and Human Values. 31(2), 307-322.

Morrow, M., Tobin, K. 201 2. Communicating Student Research at SUNY New Paltz to State and Local Elected Officials. Winter 201 2. CURQ 33(2) pp. 13-18.

PUBLICATIONS AND REPORTS Books, Sue, Tobin, K. 2017."The Who-What-Where-When-Why of Volunteerism in Ulster County." New Paltz, NY: State University of New York at New Paltz, Benjamin Center for Public Policy Initiatives.

Curran, R., Jacobowitz, R., Tobin, K., Kayser, M. 2016. "Career Readiness" for Employment-Seeking High School Graduates in Ulster County (A 2020 Vision for Public Education in Ulster County, February 2016). New Paltz, NY: State University of New York at New Paltz, Benjamin Center for Public Policy Initiatives.

Tobin, K. 2015. An Inventory of Mid-Hudson Local Governments' Website and Social Media Usage. New Paltz, NY: State University of New York at New Paltz, Benjamin Center for Public Policy Initiatives.

Contributor. 2011 & 2015. Reading Objects New Paltz, NY: Dorsky Museum, State University of New York at New Paltz.

Benincasa, J., Chiarito J., Tobin, K., Watermauer, E. 2014. "Mid-Hudson Arts & Culture: The Economic Impact" New Paltz, NY: State University of New York at New Paltz Center for Research, Regional Education and Outreach.

Nevarz, L, Grove, S., Tobin, K., Simons, J. 2014. Poughkeepsie Plenty: A Community Food Assessment. SUNY New Paltz: CRREO.

Contributor. 201 3. "Growing New York: Agriculture Research and Education at The State University of New York" State University of New York. Albany, NY.

Tobin, K. 2013. Optimizing Sustainable Water Quality Practices through Green Infrastructure. Legislative Gazette. Tobin, K. 201 3. Assessing Values and Measuring Progress fhrough CRREO's Regional Well-Being Project, Legislative Gazette.

SUNY New Paltz Sustainability Committee. 201 2. The SUNY New Paltz Sustainability Plan.

Tobin, K., Obach, B. 2012 Campus Sustainability Plan. New Paltz Chapter, UUP, Bullhorn.

Waltermaurer, E., Tobin, K. 201 2. Poughkeepsie Family Partnership Center Impact Study. SUNY New Paltz: CRREO.

Waltermaurer, E., Tobin, K. 201 1. Healthy Eating and Living Body Mass Index Screening Study (Ulster County Department of Health Report). SUNY New Paltz: CRREO.

Obach, B., Tobin, K. 2011. Agriculture Supporting Community in the Mid-Hudson Region, SUNY New Paltz: CRREO.

Tobin, K., Waltermaurer, E. 2010. Regional Well-Being. SUNY New Paltz: CRREO.

Tobin, K. 2010. Special Focus: Democracy - Women in Government in the Mid-Hudson Region. (U.S. Department of Education Regional Well-Being Report). SUNY New Paltz: CRREO.

Carvalho, B., Tobin, K. 2002 & 2007. Many Voices, One Valley: A Study of Community Priorities in the Mid- Hudson Valley (conducted by the Marist Institute, funded by the Dyson Foundation)

SELECT PRESENTATIONS "The Who-What-Where-When-Why of Volunteerism in Ulster County" at the annual meeting of UlsterCorps, New Paltz, NY April 2017.

"Imbalanced Gender Representation in NYS County Legislatures: Exploring the Policy and Spending Impacts" at the annual meeting of the American Sociological Association, Seattle, WA, August 2016.

"Food Insecurity in the Mid-Hudson Valley" at Confronting Hunger in the Hudson Valley: Strategies & Successes, Community Foundations of the Hudson Valley, June 2016.

"Creating, Sustaining, and Supporting an Undergraduate Team of Research Assistants" at the annual meeting of the Eastern Sociological Association, Boston, MA, March 2016.

"Albany County Local Government Collaboration for Efficiency" as part of the Research and Practice in Progress Briefing on Local Government in New York: A Forum for Local Government Researchers, Practitioners and Policy Makers at the Rockefeller Institute of Government, Albany, NY, November 2015.

"Classroom to Career: The Value of a Liberal Arts Degree" panelist, SUNY New Paltz, November 2015.

"Gender: Impacts on Participation in Elected Local Government" at the annual meeting of the American Sociological Association, Chicago, IL, August 2015.

"Civic Agriculture and Civic Engagement" at SUNY Orange, Newburgh campus. Earth Day. April 2015.

"Is Water the New Oil?" panelist, SUNY New Paltz, Earth Week. April 2015.

"We Are Still Marching: The View from Various Disciplines" panelist, NYPIRG event, SUNY New Paltz, December 2014. "Susfainabilify af SUNY New Palfz" invited speaker, annual conference for Mid-Hudson Green Buildings Council, SUNY New Paltz, October 2014.

"Documenting Food Insecurity in a Struggling Small City: A Poughkeepsie Case Study" presented at the annual meeting of the Agriculture Food and Human Values Society (AFHVS) and the Association for the Study of Food and Society (ASFS), Burlington, VT June 2014 and at the annual meeting of the American Sociological Association, San Francisco, CA, August 2014.

"Infusing Sustainability across Courses" at the annual winter forum of the Teaching and Learning Center, SUNY New Paltz. January 2014.

"Impacts of Standardized Testing" panelist at the annual Multicultural Education conference. SUNY New Paltz. November 201 3.

"Communicating Student Research to State and Local Elected Officials", Panel Chair at the Council on Undergraduate Research (CUR) annual conference, Windows of Opportunity: Undergraduate Research Conference, Anaheim, CA, June 201 3.

"Sustainability and Green Infrastructure" to Chinese local government delegation at SUNY New Paltz, Summer 201 3.

"We/come to Your Green Campus" to Incoming first-year students at SUNY New Paltz, Summer 2013.

"Sustainability at SUNY New Paltz" at the Honors Center Earth Week panel and the School of Education Environmental Awareness Day. SUNY New Paltz, Spring 201 3.

"Volunteer Relief Efforts: Lessons Post-Sandy" panelist at the annual UlsterCorps conference. SUNY New Paltz, Spring 2013.

"New Paltz Campus and Village Green Infrastructure Plan" at Green Infrastructure for Water Quality and Neighborhood Revltallzatlon, SUNY Orange, Mohonk Consultations, Lake Mohonk, NY, and at the annual conference of the Environmental Consortium of Colleges and Universities, Pace University, Westchester Campus. Fall 2013.

"Setting the Agenda" Panelist at the annual Ulster 2020 Vision for Public Education conference. SUNY New Paltz. Fall 2013.

"Campus Sustainability Plan" at Faculty Senate and Faculty-Staff at SUNY New Paltz, Fall 201 2.

"Governance and Regional Well-Being" presented at the annual meeting of the New York State Political Science Association, Niagara, NY, April 2011.

"Civic Agriculture and Civic Engagement" presented at "Food and Agriculture under the Big Sky: People, Partnerships and Policies," annual meeting of Agriculture Food and Human Values Society (AFHVS) and the Association for the Study of Food and Society (ASFS), Mlssoulo, MI, June 2011.

"Democracy and Transparency: The Use of Municipal Websites to Inform Citizens" presented to visiting Russian mayors, SUNY New Paltz, February 2010.

"Regional Well-Being" presented at Power of SUNY convening, Albany, New York, Get 2010.

"Gender and Elected Political Representation in Three New York State Mid-Hudson Counties" presented at the annual meeting of the New York State Political Science Association, NYC, NY, April 2009. 5 "Is America Ready for a Woman President? Assessing The Hillary Factor" presented at the annual meeting of the Eastern Sociological Society, New York City, New York, February 2008, and at the annual meeting of the American Association of Public Opinion Research, New Orleans, Louisiana, May 2008.

"The 2006 New York State Democratic Landslide" presented at the annual meeting of the New York State Political Science Association, Poughkeepsie, NY, at Marist College, April 2007.

SELECT OP-EDS Jacobwitz, R., Tobin, K. Why the 'Good' News about New Standardized Test Scores Really Isn't. Washington Post, The Answer Sheet, August 2016.

Jacobwitz, R., Tobin, K. Time Spent on Standardized Testing in Schools is Underestimated. Washington Post, The Answer Sheet, November 2015.

Tobin, K., Benjamin, G. Be Smart, Vote No Nov 4th on "Smart Schools" Prop 3. Times-Herald Record, Middletown, NY, 2014.

Tobin, K., Rafaelson, W. The Social Costs of Gambling, Ulster Publishing weekly newspapers. 2013.

PROFESSIONAL SERVICE 2015- Member, SUNY New Paltz Committee on Faculty Governance (elected) 2015 Judge, Beacon Conference, community college honors student paper competition 2014 Dr. Nualla McCann Drescher Affirmative Action/Diversity Leave awardee, first ever Professional Faculty recipient at SUNY New Paltz 2012- Member, Mid-Hudson Regional Sustainability Coalition 2014- Metrics Subcommittee, Co-chair; 201 2-201 3 Land Use Working Group 2009- Research Team, SUNY New Paltz Economic Impact studies 2009-2014 Member, One Book One New Paltz 2011-201 3 Member, Metrics Subcommittee, Mid-Hudson Regional Economic Development Council 2009-2013 SUNY New Paltz Sustainability Committee (elected). Chair 2012-2013 2011 -2012 Member, SUNY New Paltz Survey Research Council 2009-2011 Member, SUNY Central, Vibrant Communities committee

COMMUNITY SERVICE 2017- Deputy Mayor, Village of New Paltz, NY 2013- Member, New Paltz Regatta organizing committee 2011 - Member and Public Information Officer, T/V New Paltz Emergency Preparedness Committee 2016-2017 Member, Village of New Paltz Affordable Housing Board 2014-2015 Member, New Paltz School District Legislative Action subcommittee 2014-2015 Board member, Phillies Bridge Farm Project 2013-2015 Member, New Paltz Christmas Tree Bonfire organizing committee 2012-2014 Steering Committee and Founding Member, ReThinking Testing Mid-Hudson 2011 -201 2 Member, New Paltz Flood Aid organizing committee 2010-201 2 Member, New Paltz Government Efficiency & Effectiveness Project 2009-201 2 Trustee, New Paltz School District Board of Education 2010-201 2 Vice President 2012 Co-chair, New Paltz Town Hall Hurricane Sandy Relief Efforts 2012 Member, Village of New Paltz 1 25"^ Anniversary organizing committee 2008-2010 Member, Village of New Paltz Environmental Conservation Commission 2007-2010 Member, New Paltz GreenWorks (Global Warming Task Force) t7->J City of Newburgh Hispanic Majority District(Maximum Majority)

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M*rv / Cdloiin

Legend □Census Place District

4

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0 0.125D.25 0.5 0.75 1

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District Population Population Deviation % 18+ 18+ White % 18+ Black % 18+ % Target Deviation Population (NH) White (NH) Black Hispanic Hispanic 4 17,680 17,242 -438 -2.5% 11,274 1,805 16.0% 2,666 23.6% 6,464 57.3% Hispanic Origin as a H Percentage of Totai Population

0 - 25%

25 - 50%

50 - 75%

75-100% 15lI9I3

Report of the City of Beacon Charter Commission

March 8, 2017 Members of the Commission

Pamela Barrack (Co-Chair)

Agnes Campagnone

William Cornett

Marko Guzijan

Charles Kelly,(Co-Chair)

Peter Nocerino

John Rembert

Candi Rivera

Brooke Simmons Report of the City of Beacon Charter Commission

Table of Contents Page 2

Commission Letter of Transmittal Page 3 - 4

Introduction and Commission Process Page 5

History of the Beacon Charter Page 6 - 9

Commission Recommendations Page 10 -13

Appendices

Draft Charter with Proposed Changes Appendix I

Minutes of Commission Meetings Appendix II

Study Materials Presented to the Charter Commission Appendix III CHARTER REVIEW COMMISSION

Pamela Barrack, Co-Chair Charles Kelly, Co-Chair Agnes Campagnone Peter Nocerino William Cornett John E. Rembert Candi Rivera Brook Simmons Marco Guzijan

March 27, 2017

Hon. Randy Casale Mayor City of Beacon City Hall Beacon, New York

Dear Mayor Casale:

Under cover of this letter, and in accord with the unanimous action of the Commission you appointed last July that we are honored to co-chair, we convey our recommendations for charter change In Beacon for consideration by you and City Council colleagues.

This charter review was undertaken to meet the requirement for periodic review in Articles of the current Beacon City Charter. Our proposals arise from a chapter by chapter consideration of the entire document; changes are recommended for ten of eleven articles.

We were joined on this commission by Agnes Campagnone, William Cornett, Marko Guzijan, Peter Nocerino, John Rembert, Candi Rivera and Brooke Simmons. To a person, their commitment to our city and willingness to engage in civil, informed discourse and debate greatly strengthened the product of our process.

We appreciate your personal engagement and contributions from your deep experience in city government, and the substantive ideas and excellent administrative coordination provided by City Administrator Anthony Ruggiero. We were assisted in by Gerald Benjamin at the Benjamin Center at SUNY New Paltz, and two undergraduate student interns: Nicole Cagar and Timothy Toomey.(Materials provided by the Benjamin Center and meeting minutes are appended to this report.) Excellent legal advice, guidance and drafting of recommended charter changes was provided by city's counsel, Nicholas Ward-Willis and his associate Drew Victoria Gamils of the firm Keane and Beane P.C..

Our commission had recommendatory power only. Implementation of any or all of the charter changes we forward here is entirely at the discretion of the City Council. Most may be effected by local law. If advanced by the Council, those that concern the compensation of elected official or their terms of office will require a public referendum. We and our colleagues are, of course, available to you as your deliberative process regarding these proposed charter changes proceeds. Thank you for the opportunity to serve our city and contribute to its future growth and well-being.

Sincerely,

Pamela Barrack, Charles Kelly, Co-chair Co-chair Report of the City of Beacon Charter Commission

In accord with the requirements of the Beacon city charter, and pursuant to a resolution passed by the City Council on July 18, 2016 Mayor Randy Casale appointed a commission to "...review the Charter and to make recommendations to the Mayor and the City Council for revision or amendment." (§9.04) Commission membership was bipartisan, included people with a range of public and private sector experience and reflected the diversity of the city's population. Members included: Pamela Barrack (Co- Chair), Agnes Campagnone, William Cornett, Marko Guzijan, Charles Kelly,(Co-Chair), Peter Nocerino, John Rembert, Candi Rivera and Brooke Simmons.

The city retained Gerald Benjamin of the Benjamin Center at SUNY New Paltz to support its work. Legal advice and support was provided by the city's counsel, Nicholas Ward-Willis and his associate Drew Victoria Gamils. The mayor and City Administrator Anthony Ruggiero attended commission meetings to inform its deliberations.

The mayor convened the commission for its initial meeting on September 15, 2016. A monthly meeting schedule was established, with more frequent meetings as the Commission approached the completion of its work during the first quarter of 2017. An initial presentation of possible recommendations for public consideration and comment occurred on March 8, 2017. This was followed by a presentation of the Commission's final report at a workshop meeting of the council on March 27, 2016.

All meetings were held at the Beacon City Hall. Commission meeting dates were September 15, October 6, November 3 and December 15 in 2016 and January 5 and 19 and February 6 in 2017. All meetings were advertised in accord with standard city practice, and open to the public. A record was kept of all meetings. Minutes were reviewed and approved by the commission.

Under Section 9.04 of the City Charter, the commission's powers are advisory. The role of the commissions Is to make recommendations to the Mayor and the City Council, the Commission may not place matters directly on the ballot for approval. At its initial meeting the commission determined that it would make its recommendations in accord with a schedule that would allow the Council to put any recommendations on the ballot that it supported and that require approval by citywide referendum on the 2017 general election day, November 7, 2017.

The commission decided to undertake a comprehensive article-by-article review of the charter. It solicited ideas for charter changes from the city's current and former elected leaders and department heads, in a process coordinated by the city administrator. Gerald Benjamin organized presentations around these proposals for the commission's monthly meetings. The presentations considered the relative merits of the provisions understudy in the Beacon charter and compared the City of Beacon's practices to practices adopted by other New York cities of similar size and available political science and public administration research. These presentation materials were provided in advance to commissioners, the mayor and the city administrator and posted to the city website, and are appended to this report.(See http://www.citvofbeacon.org/Government/crc.htm. last visited on January 24, 2017) History of the Beacon City Charter

By a majority of two to one, and after decades of failed efforts, the voters in the adjoining villages of Fishkill Landing (incorporated in 1864, reincorporated in 1878) and Mattewan (incorporated in 1886) voted on March 15,1910 to combine and seek a charter for an as yet unnamed city. A small portion of the hamlet of Glenham in the Town of Fishkill was also included within the city limits. The name Beacon was subsequently adopted, after the display of signal fires on Beacon Mountain during the revolutionary war to warn General George Washington in Newburgh across the Hudson of the approach of the British forces.^

Influenced by the national progressive movement, which sought to make city government more "businesslike" and less partisan, advocates of Beacon's incorporation proposed to the state legislature a charter that featured a commission form of government, a model newly devised in Galveston Texas following devastating flooding there just after the turn of the century. At the time that chartering the City of Beacon was being advocated, states across the country, including neighboring New Jersey, were by law providing their cities the option of adopting a commission form of government.^ In 1913, in Pennsylvania, the commission form of government was actually mandated for smaller cities.^ Beacon modeled its first charter on one adopted by Grand Junction, Colorado in 1909.

Other progressive ideas - including nomination for public office by primary, lawmaking by the use of the citizen initiative and referendum, and a process for recall of elected officials - were central to public debate about reform New York state government in the late 19^'^ and early 20''^ centuries. Because they targeted "political machines," these were resisted by entrenched party stalwarts in Albany in both major political parties. Reform advocates were mostly Republicans.

There was no home rule process for city charter adoption in 1910, therefore an act of the state legislature was required to approve and implement the City of Beacon's proposed charter. The Beacon charter was introduced in Albany amidst this broader debate by Assembly member John T. Smith and State Senator John F. Schiosser, both of whom were on Beacon's Charter Commission.

In its original form the Beacon charter provided for a mayor, commissioner of accounts, commissioner of finance, commission of public works and commissioner of public safety. In addition to serving as department heads, commissioners sat together to comprise the city council, presided over by a mayor who headed the police and fire departments and was charged with "general oversight of all departments." The five commissioners were to be elected citywide for four year terms by a system of "rank order" voting. All were part-time except the commissioner of accounts, who served also as clerk of the council, purchasing agent, assessor and tax collector. The draft charter included provisions for initiative referendum and recall.'*

^ "Hudson Towns Consolidate." New York Times March 26,1910 p. 9. David Levine. "A History of Beacon as it Celebrates its Centennial in 2013" httD://www.hvmag.com/Hudson-Vaiiev-Maeazine/June-2Q13/A-Historv-of- Beacon-As-lt-Celebrates-lts-Centennial-in-2013/ Last visited January 29, 2017 ^ See Ernest S. Griffith. A History ofAmerican City Government: The Progressive Years and Their Aftermath, 1900- 1920(Published for the National Municipal League in New York: Praeger Publishers, 1974) p.59. ^ Martin J. Schiesl. The Politics of Efficiency (Berkeley: University of California Press, 1977) p. 138. "For Commission Rule" The New York Times iKine 16,1911, p.2. Though he was a progressive and among the nation's leading reformers, Republican Governor Charles Evans Hughes vetoed Beacon Charter Bill, citing a "flaw" in the process for election of the governing commission.

The charter bill was reintroduced the next year by Smith, and Dutchess County's newly elected Democratic state senator, Franklin Delano Roosevelt, but another veto followed by Governor John A. Dix, a Democrat. A home rule advocate, Dix was critical of the large number of charters and the amount of charter amendment legislation taking the attention of the legislature. Cities had earlier been organized into three classes for their more general treatment in the state legislature.^ A general law specifying structural governance options for second class cities (those with populations between 50,000 and 175,000) was passed in 1908. The governor sought a similar law for third class cities (those with populations below 50,000). He wrote in his veto message on July 25,1911:

"I intend to recommend to the legislature if 1912, and have ready for its consideration a uniform charter for all cities of the third class. Such charter should be most carefully prepared and be broad enough in its provisions to permit any existing community or communities by voting upon the question to adopt its provisions and thereafter be governed by such law." ®

Some regarded the use of a single model city charter to be applied to all New York's smaller cities as problematic. They thought Governor Dix's argument disingenuous, a mask for Democratic Party leadership resistance to some of the progressive reform elements of Beacon's proposal.^ In fact, the "optional city charter act" introduced in 1912 provided five different alternatives for structuring city government: two mayor council systems with council members elected at large; one mayor council system with members elected from wards; a council manager system; and a "so called commission plan."®

This law failed of passage, but was reintroduced in 1913 with the support of Governor William Sulzer, also a Democrat.® Again it did not pass. But this time the governor did sign into law a separate act creating the City of Beacon. Excluding from that charter provisions for initiative, referendum and recall - "western innovations" provocative for incumbent legislators of both parties - appears to have been the price of passage. In the first city election, a Citizens-Progressive ticket defeated a Union Ticket, comprised of Republican and Democratic Party candidates.""

In its third annual report the Beacon city government summarized the virtues of the commission form:

® New York State Constitution of 1894. Article XII §2. ® New York State. Public Papers ofJohn Dix, Governor, 1911 (Albany: J.B. Lyons and Company, 1912) p 213. Note: Cities of the 2"^ class were New York's smallest cities in population. '. Beacon's Commission Charter. New York T/mes July 31,1911 p.6. "Gov. Dix's Beacon Veto." Letter of Henry Gates, New York Times August 2,1911, p. 6. ®. New York State. Public Papers of William Sulzer, Governor. (Albany: J.B. Lyons and Company, 1913) ®. In a famously contentious process, and as a result of an intra-Democratic party fight, Sulzer became the only New Governor ever to be impeached. See Mathew Lifflander. The Impeachment of Governor William Sulzer (Albany: SUNY Press, 2012). Chapter 539, Lows of 1913. ."Progressives Win Beacon" New York Times June 13,1913, p. 18. ""City of Beacon is Born" New York Times July 1,1913 p.2. "It is not claimed for Commission government that it is a panacea for all ills, but it is certainly a step in the right direction. It centers power in the hands of a few men. It gives administrators and new idea of the job. It takes away the old fiction that the city's public business serves as the cradle of our liberty and substitutes toe conception of the city as a business enterprise.""

The city's original charter was revised in 1915, when Republicans recaptured control of state government.^" Most changes were minor, however, a major provision was added to assure the city's ability to levy the property tax, and specify the process for doing so."

The commission form achieved considerable early success; before it fell out of favor, it was tried in about 500 different cities across the United States. But then the council manager form was developed and came to be preferred by The National Municipal League, the great center of organized effort for municipal reform and the force for the development professional of city management in America." Detractors of the commission form said:

"(1)....Commissioners chosen by the voters... too often lacked experience and competence for administrative work.(2) ...The plan combined legislative and executive functions in the same hands... (3)...it confused responsibility and scattered control between the commissioners as a body and as individuals. (4) Rivalry and lack of cooperation developed between the commissioners as well as log-rolling, deadlocks, and "deals." The need of a coordinating official such as a mayor or manager was felt. {5) City employees sometimes engaged actively in politics in behalf of favorite department heads. And (6) under the plan the majority [in the city] alone, as a rule, obtained representation on the commission.""

By 1938 there remained five cities with commission forms of government in New York State: Beacon, Glenn Cove, Mechanicville, Saratoga Springs and White Plains. Under "home rule" provisions earlier written into state law, in 1948 citizens of Beacon organized in a Rent Payers and Taxpayers Association petitioned for charter change." Modeled on an earlier effort In Vonkers, they sought a professional city manager, a requirement for an experienced credentialed engineer to head of the city public works department and a council comprised of six members and a presiding mayor without executive authority. The council was to be elected at-large by proportional representation (PR).

Proportional representation proved to be a poison pill. Adopted by New York City in 1936, the use of this process for electing the New York City Council resulted in the election of communist members, and was systematically targeted for repeal by both major party leaders." An attempt to amend the state

"City of Beacon. 3'^'^ Annual Report, 1915 (Deposited in the Beacon Public Library) Chapter 547 Laws of 1915 "Chapter 547 Laws of 1915, Title 8. "Frank Mann Stewart. Half Century of Municipal Reform: The History of the National Municipal League (Westport: Greenwood Press, 1950) pp. 74-75. ". Changes in American City Government. http://llbrarv.cQpress.com/caresearch er/document.php?id=caresrrel930060200 "Poughkeepsie Journal July 7,1948 "See Robert J. Kolsar. "Communism, Race, and the Defeat of Proportional Representation in Cold War America" Presented at New England Historical Association Conference Amherst College, Amherst, Massachusetts, April 20,1996.

8 constitution to bar the use of proportional representation in elections failed at the polls in 1938.^® In Beacon, the heads of both the Democratic and Republican Parties denounced the proposed charter as likely to.lead to higher costs for city government, diminish the range of voter choice and elevate social, economic and religious divisions in the city. GOP chair Carelton H. Jones explicitly described proportional representation a "communist scheme." The proposed charter was defeated.

A charter commission was created in 1974 by the City Council under Mayor Robert L Cahill, but it failed to reach an outcome. A second effort to adopt the city manager system occurred with the creation of a fifteen person bipartisan Charter Revision Commission for the City in 1985. It found that only 178 cities in the nation still operated with commission systems in 1983. According to a member of its executive committee, David Lemon, this commission held more than one hundred meetings over two years to develop a document that, in addition to a professional manager, it called for a seven person council with four members elected from wards and a mayor and two members elected at large." The mayor would serve for four years, council members for two.

A vote on the proposal was scheduled for a special election in Jun of 1987. The city was described as gripped by "Chartermanla."" Advocates organized as Beacon Citizens for Charter Reform conduced a vigorous door-to-door campaign. Describing the commission form as a "dinosaur heading for extinction" the Poughkeepsie Journal supported the proposed charter. The papers' editors cited Beacon's need for full-time leadership, professional management, financial accountability and long term planning.^" Opposition was organized as "Friends of Beacon." Among the organized opponents were the city's unionized employee's, who said they were concerned about increased expense rising from the creation of new positions and continuous campaigning resulting from a two year term for the council. Some in the city government preferred the status quo; others thought a strong mayor form of government better for the city than the manager form. The charter was narrowly defeated at the polls.

Advocates persisted in the wake of this defeat. A Citizens Commission for Charter Revision was formed. It offered and won adoption of a hybrid plan based on the failed 1987 proposal; it incorporating a two year term for council members and strong mayor as the city's chief executive." This is the current Beacon City charter, adopted in 1989. A series of amendments were passed in 1991 and 1992, reflecting needs that arose from experience with early charter implementation. These are documented in the current draft of the charter. Further amendments were made in 1995,1996,1999, 2000, 2004, 2006, 2007, 2009, 2010,2012,2014, 20015 and 2016. As required by the charter, a commission was formed and met ten years after initial adoption of the new charter. It made no recommendations."

https://ballotpedia.org/New York Voting bv Proportional Representation. Amendment 7 (19381 Poughkeepsie Journal August 12,13 and October 3 1948. Letter to the Editor. The Poughkeepsie Journal MAY 23,19187 P. 4A. Poughkeepsie Journal iune 281987 p. 7A. "Time for a Change in the Beacon Charter," The Poughkeepsie Journal]une 21,1987 P.18A. "Poughkeepsie Journal October 29,1989 p. 12B. "Telephone interview with Judge Peter Forman, February 23, 2017. Judge Foreman was a member of this commission. Charter Changes Proposed by the Charter Commission

General

Renumber of document throughout, to assure consistency in reference

Change language where necessary to make the charter gender neutral

Note: Article and section numbers used below are current, and do not reflect proposed renumbering.

Note: Many changes in charter detail are proposed by the commission to reflect current practice in the city, or to facilitate more efficient daily administration of the city government. Where a policy discussion is anticipated regarding proposed charter change, the commission offers here a brief summary of the reasoning behind its proposal. Additional supportive materials are available in the consultant's presentations, provided in the attached appendix.

Article 1

1.07.B Alter slightly language regarding the procedure for sale of public property to remove ambiguity.

1.16 Remove ward descriptions from the charter. Ward boundaries to be set forth in the code, and connected to the decennial redistricting provision.

Article 2

2.00.A. Change the word "compensation" to "composition"

Change the word "district" to "ward" wherever it appears in the charter to reflect local usage and for consistency.

2.00.D. Election Process - strike this language as no longer needed:"The first city election under this Charter shall be held on the first Tuesday in November in the year 1991 and in conformity with the Election Law. The terms of the officers so elected shall begin on January 1, 1992. Thereafter, regular elections shall be held as provided by this Charter, to elect successors to those officers whose terms are about to expire."

2.00.D(2-3). At-large council members to be elected for four years, ward based members for two years.

The commission considered the potential value of staggered elections for at-large members of the council, to achieve greater continuity in government. New York's constitution requires that city elections be held in odd numbered years. A staggered election would therefore require four year terms for these members. The commission ultimately decided against staggering, as

10 members came to believe that this would elevate conflict in city government. The commission reasoned that the at-large members not elected simultaneously with the mayor would have an additional incentive to challenge him or her for that position because he or she might do so without risking his or her incumbency. This would increase the likelihood that he or she might use council meetings to establish a political rationale for such a challenge. During the course of their discussion, however, the commission members came to believe that four year terms for at- large members elected simultaneously with the mayor would be desirable for encouraging longer-term thinking and planning in city decision making, with the understanding that a majority in the council would remain with members elected from wards, elected for two years, who remain closely attune to neighborhood concerns and interests.

2.02 Remove health benefits for council members from the charter, accompanied by a $2000 raise for council members and a proportional $5,000 raise for the mayor. Members would be permitted to buy insurance through the city plan.

Provisions for health insurance benefits for elected officials in a city charter are rare. No other examples of this practice were found elsewhere in New York. Moreover, a majority of the commission believe that the city should not provide such benefits for part-time elected officials. The value of these benefits exceeds the salary for council members. Members who accept these benefits are therefore effectively compensated at a much higher rate than are colleagues who do not, creating an inequity. The commission proposes that elected officials be allowed to purchase health insurance through the city, and suggests a salary increase to help cover the cost of doing so. The proposed increase in the salary for the mayor is proportional to that for members of the council.

2.04 Strike this language as unneeded: "The Mayor shall submit a yearly planning report to the Council no later than June 1."

2.14 Timing of Reporting Independent Audit - Change from April 30 to June 30.

2.16.A Revise language to require Mayor's office to prepare the agenda the Friday before each meeting.

2.16.C. Workshop meetings: More precise language is provided regarding procedure for addition of items to the agenda by Council members.

2.26 Switch to electronic publication of ordinances

Article 3

3.00.7 Change the deadline for Mayoral financial reporting from March 1 to May 1

3.00.(6) and (12) Purchasing authority - Alter to reflect current practice, adding purchasing to duties of administrator or his or her designee.

11 3.01 A - Each time the Council reorganizes, by a date certain, the City Administrator will recommend and mayor specify persons who might serve as an acting administrator if the administrator is absent or unable to do so for 30 days or more.(Provision of additional compensation will be addressed in each specific circumstance.)

Article 4

Article 4 Language regarding individual departments will be retained. Language included at the time of the original adoption of charter to give assurance to existing departments and officials to be removed.

4.02 Add the word "firm" to the charter to make clear that the appointee as city attorney need not be a named individual person.

4.06 The commission recommended broadening language regarding qualifications required to be head of the city finance department to deepen the potential recruitment pool.

4.16 City Officers. The Commission agreed that certain offices need not be specified in the charter: e.g. Code Enforcement, Fire Inspection Coordinator

Article 5.

5.06.E. Language is added to assure that default budget, if necessary, conforms to state limits and requirements in law.

5.10.D Transfer of Appropriations: Change $3,000 to $7,500 threshold for mandatory review and action by the Council to give the administrator greater flexibility in daily management of the city government. This partly reflects the effects of inflation.

Section 5.14 Public moneys

Remove Section A as redundant and duplicative of other charter provisions (e.g. Section 4.06)

Retain Section B but reword to reflect the technology currently used to make payments and move to Section 5.12.

Article 6

Section 6.00 Comprehensive Plan— Alter Section A and remove sections C, D as duplicative of procedures specified in NY General City Law.

6.02.B. Delete Section 6.02.B as duplicative of State Law.

12 6.02.C. Add "resiliency and sustainable" operation of public facilities as goals.

Article 8.

8.00 Bonding Process: Commission agrees to retain $250,000 threshold for Permissive Referendum

Article 9

Section 9.05 add term "quasi-contract" to accommodate results of recent litigation.

Article 10

Remove unneeded transitional provisions.

Article 11

Move Article 11 to come after Article 5 Financial Procedures.

13 ALBANY GOVERNMENT LAW REVIEW

Volume 5 2012 Issue 3

At-Large Elections in N.Y.S. Cities, Towns, Villages, and School Districts and the Challenge of Growing Population Diversity

Gerald Benjami AT-LARGE ELECTIONS IN N.Y.S. CITIES, TOWNS,VILLAGES, AND SCHOOL DISTRICTS AND THE CHALLENGE OF GROWING POPULATION DIVERSITY

Gerald Benjamin*

Introduction 734 I. At-Large Legislative Elections in New York 735 A. Municipal Entities 736 1. Towns 736 2. Villages 738 3. School Districts 738 4. Fire Districts 740 5. Cities 741 6. Counties 741 B. The Merits: New Yorkers Prefer At-Large Elections 744 II. The Voting Rights Act and At-Large Local Elections in New York 745 A. Niagara Falls 749 B. Babylon 751 C. Hempstead 752 D. Port Chester 755 III. Going Forward 757 IV. Achieving More Equitable Representation Without Litigation Through Voting System Change 763

Distinguished Professor of Political Science, Associate Vice President for Regional Engagement and Director of the Center for Research, Regional Education and Outreach (CRREO) at SUNY New Paltz. I am grateful for research assistance from CRREO interns Leah Cherry, Kayana Sabo, Anika Murray, and Ricardo Hernandez, and that too of CRREO administrative assistant Emil Sobel. Ms. Sabo and Mr. Hernandez hold Cetrino Family Scholarships at CRREO. Professor Michael Halberstam of tbe SUNY Buffalo Law School provided helpful comments on an earlier draft of this essay.

733 734 ALBANY GOVERNMENT LAW REVIEW [Vol. 5

Introduction

At-large elections of board members are the norm in New York's towns, villages, and school districts, and are used in about a quarter of the state's cities as well. Additional cities elect some, but not all, of their councils on an at-large basis. And in some counties, the use of multi-member districts to choose some county legislators is, in effect, the analog of an at-large election process. The use of at-large elections is suspect under the Federal Voting Rights Act' as a procedure highly likely to result in denying members of protected minority groups an effective choice at the polls. To date, there have been four major voting rights cases in New York challenging municipal at-large election systems, but not those in school districts." The 2010 election documented significant demographic change across the state—in particular, the rapid growth of Hispanic populations in suburban and ex-urban cities, towns, villages, and school districts.^ Combined with this development, the widespread use of at-large elections in New York may signal the future vulnerability of local jurisdictions to legal challenges under the Voting Rights Act. While these jurisdictions do not need to re-district simply because they elect representatives at-large, the issue is closely connected to redistricting because the usual remedy under the Voting Rights Act is to impose district-based elections on jurisdictions that do not provide protected minorities with an equal opportunity "to elect representatives of their choice.'"* Here, I examine the origin of the adoption of at-large elections

' 42 U.S.C. § 1971 (2006). - See United States v. Vill. of Port Chester, 704 F. Supp. 2d 411, 453 (S.D.N.Y. 2010) (finding the village's at-large election system for Board of Trustee members violated the Hispanic population's rights granted in the Voting Rights Act, and upholding implementation of a cumulative voting system); Gooshy v.'Town Bd., 956 F. Supp. 326, 356 (E.D.N.Y. 1997)(finding the at-large election system resulted in the invidious exclusion of blacks from effective participation in the voting process, thus violating the Voting Rights Act); Reed v. Town of Babylon, 914 F. Supp. 843, 892 (E.D.N.Y. 1996)(upholding the at-large election system for town board elections because the plaintiffs failed to demonstrate a violation of the Voting Rights Act or their constitutional rights); NAACP v. City of Niagara Falls, 913 F. Supp. 722, 755 (W.D.N.Y. 1994) (upholding the at-large election system for city council elections and finding the NAACP failed to establish a prima facie case under the Voting Rights Act after reviewing the totality of the circumstances). ^ William H. Frry, Melting Pot City and Suburbs: Racial and Ethnic Change in Metro America in the 2000s, at 4,10(2011). ^ 42 U.S.C. § 1973(b); see also Goosby, 956 F. Supp. at 356. 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 735

in New York, the rationale for their initial and continued use, and the extent to which the assumptions about their discriminatory effect are borne out by actual experience. I find that regardless of the districting system in use in jurisdictions with substantial minority populations, African American leadership has, in recent years, been elected in numbers proportionate to the size of local African American populations. The same cannot be said, however, for Hispanic populations and more recently immigrated groups. Hispanic leaders in the New York State legislature seek the elimination of the use of at-large elections in general-purpose local governments in New York, and the adoption of data collection provisions by boards of elections that might make it possible for more potential litigants to meet evidentiary requirements in voting rights suits against municipalities and school districts.' 1 conclude that a better path to equity in elections would be to pass state legislation that would encourage the alteration of local voting rather than districting practices. This would allow the retention of at-large systems while at the same time assuring effective choice at the polls by minority voters. The adoption of cumulative voting in the Village of Port Chester provides a model.''

I. At-Large Legislative Elections in New York

Jurisdictions that use at-large elections require no redistricting because they have no districts; all board members are chosen through jurisdiction-wide balloting. State law makes at-large election the prescribed process for choosing board members in towns, villages, and school districts.^ By provision of their charters, about a quarter of New York cities also employ at-large elections for selecting all of their council members. In others, with "mixed" systems, one member—often the council presiding officer—or a subset of members is chosen at-large. Most, but not

Report Analyzing Westchester Redistricting Released, http://assembly.state .ny.us/member_riles/676/20110808 (last visited Mar. 28, 2012). Cumulative Voting, PORT Chi-'.stkr Vo'I'ICS, http://portchestervotes.com /node/22 (last visited Mar. 28, 2012)(explaining to Port Chester voters how the cumulative voting system works). ^ See. e.g., N.Y. Town Law § 60 (McKinney 2003): N.Y. Elec. Law §§ 15-104, 15-126(McKinney 2009); N.Y. El)UC. Law §§ 2018, 2032(McKinney 2007). See, e.g., Syracuse, N.Y., Code of Ordinancios art. Ill, § 3-101(1) (Municode through 2010 Code). 736 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 all counties must redistrict. Those that do not construct their governing boards on the basis of town and city boundaries, and use weighted voting to meet federal constitutional requirements for equal representation.

A. Municipal Entities

1. Towns

Towns in New York date their origins to the Duke of York's Law of 1676.' Established within counties to meet rural needs throughout the state (except where cities were chartered), they were initially governed through town meetings. These meetings elected a large number of local officials, with all those qualified and present voting to fill all offices. Changes in the law in 1875 and 1893 allowed town elections to be conducted in district meetings rather than a single town gathering, but candidacies were still town-wide." Town boards were comprised of a subset of these elected officials: a supervisor, a clerk, and a number of justices, with one of the latter often presiding.'" According to reformers writing for a Special Joint Legislative Commission on Taxation and Retrenchment in 1923, "the main . . . structure[s] of local government and the way in which local problems are handled have not been changed since the State was created.'"^ Their recommendation for towns was to differentiate the legislative and executive functions, with the clerk performing the executive function and the council headed by a supervisor. As a result of a 1932 general re-codification of New York's town law, persons for the first time were elected at-

'1 The Colonial Laws of New York from the Year 1664 to the Revolution 63 (1894) [hereinafter Colonial Laws]; State of N.Y. Special Joint Comm. on Taxation and Retrenchment, Report No. 55, at 11 (Feb. l, 1923)[hereinafter Retrenchment Report]. Colonial Laws,supra note 9, at 63-64. " Act of June 5, 1875, ch. 482, 1875 N.Y. Laws 26; Act of Mar. 1, 1893, ch. 82, 1893 N.Y. Laws 10; see also 6 MESSAGES FROM THE GOVERNORS 675-76 (Charles Z. Lincoln ed., 1909). JOHN A. Fairlie, Local Government in Counties, Towns and Villages 176(1914). Retrenchment Report, supra note 9, at 11. Gerald Benjamin, The Evolution of New York State's Local Government System 38-40 (Oct. 1990), available at http;//www.nyslocalgov.org/pdf/ benjaminevolution.pdf. (unpublished paper prepared for Local Government Restructuring Project, Nelsen A. Rockefeller Institute of Government Albany, New York). 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 737 large to the distinct legislative office of town councilman in the state's larger towns. It was not until 1976, however, that the separation of functions was fully completed, with the removal of town justices from service on town boards throughout the state. Currently in New York, most towns are governed by a board comprised of a supervisor and four council members, all elected at-large.'' By local action, the number of council members may be reduced to three or increased to seven. State law allows towns to adopt a ward system for the election of council members.'^ Thus far, only thirteen of 932 towns have done so.^" They are: Ellicott (Chatauqua County); Hyde Park, Poughkeepsie, and Wappinger (Dutchess County); Greece (Monroe County);

See Act of Apr. 8, 1932, oh. 634, 1932 N.Y. Laws 1355, 1358, 1375 (codified at N.Y. Town Law §§ 20, 60(McKinney 2004)). Act of July 24, 1976, ch. 739, 1976 N.Y. Laws § 1(d)(codified at N.Y. Town Law § 60-a). N.Y. Town Law §§ 20(a), 60; N.Y. Elec. Law § 9-212(1)(McKinney 2009). See N.Y. Dep't of State, Local Government Handbook 61-63 (6th ed. 2009) [hereinafter LOCAL GOVERNMENT HANDBOOK](providing a detailed description of the legal basis for the governance framework of towns in New York). N.Y. Town Law § 20. "Id. §§ 81, 85. See Brookhaven, N.Y., Code ch. 27, § 27-1 (General Code Publishers through 2012 Code); Hempstead, N.Y., Town Code ch. 7, art. I, § 7-7 (General Code Publishers through 2012 Code); N. HempSTEAD, N.Y.,Town CODEch. 15A, § 15A-1 (General Code Publishers through 2012 Code); Dutchess County Town: Wappinger, Town of Wappinger, http://www.townofwappinger.us/pdf/map/ Wappinger%20Ward%20Map%20Landscape.pdf (last visited Mar. 25, 2012); Elected & Appointed Boards, Town of Ellicott, http://www.townofellicott.com /index.php?option=com_content&view=article&id=75&Itemid=101 Oast visited Mar. 25, 2012); Greece Ward Map, Town of Greece, http://greeceny.gov /files/WARD%20MAP%20with%20election%20districts%202011%20-%201arge •pdf (last visited Mar. 25, 2012); Government Officials, Town OF Wallkill, http://www.townofwallkill.com/html/menu_town_officials.html Qast visited Mar. 25, 2012); Town Board, Town OF POUGHKEEPSIE, http://www.townof poughkeepsie.com/board/board.htm (last visited Mar. 25, 2012); Town Board, Town of Camillus, http://townofcamillus.com/default.aspx?PageID=845 (last visited Mar. 25, 2012); Town Board, Town OF Salina, N.Y., http://www.salina.ny .us/content/departments/board (last visited Mar. 25, 2012); Town Board & Elected Officials, Town OF Queensbury, http://www.queensbury.net/index.php ?option=com_content&view=article&id=52:town-board-a-elected-officals&catid =76 (last visited Mar. 25, 2012; Town Board, Town Officials, TOWN OF New Hartford, http://www.newhartfordtown.com/NHofficialscontact.htm (last visited Mar. 19, 2012); Town of Hyde Park Ward Map, Hyde Park, N.Y., http://www.hydeparkny.us/Government/districtmap.html (last visited Mar. 25, 2012). Hempstead (75,592), Brookhaven (448,248), North Hempstead (222,611), and Greece (94,141) are among New York's largest localities in population. See 2010 Census Interactive Population Map, U.S. CENSUS 2010, http://2010.census .gov/2010census/popmap/index.php (last visited Mar. 19, 2012). 738 ALBANY GOVERNMENT LAW REVIEW [Vol. 5

Hempstead and North Hempstead (Nassau County); New Hartford (Oneida County); Camillus and Salina (Onondaga County); Wallkill (Orange County); Brookhaven (Suffolk County) and Queensbury (Warren County).''

2. Villages

New York's general policy for preferring at-large election of village officials has been in place for more than a century and a half. The first general law authorizing the incorporation of villages, passed in 1847, provided that "[a]t the first election and at all subsequent elections of officers in such village, every person qualified to vote for town officers in the town in which such village or any part thereof shall be situated, may vote for all the officers to be chosen."'' Since 1874, when the chartering of individual villages by special law was barred by constitutional change, all villages established in New York were created within this framework.'^ A recodification of Village Law in 1897 abolished all existing wards or districts remaining in them, and provided for the recreation of wards at local option, subject to referendum, in villages with populations of 5,000 or greater.'" As is the case for towns, state law provides that villages may opt to elect their trustees from wards; four of 555 have done so.'^

3. School Districts

During the early development of public education in New York, responsibility for its oversight and administration was vested in town-based superintendents of common schools. By the mid- nineteenth century, however, state law provided for the organization of school districts including more than one town, with governance by three trustees elected at town meetings."''

See sources cited supra note 20. 22 Act of Dec. 7, 1847, ch. 426, 1847 N.Y. Laws 532, 536 (codified at N.Y. Vili.ageLaw § 2-216(amended 1972)). 2-^ Local Government Handbook, supra note 17, at 68. Villages still operating under pre-1874 charters are Alexander, Carthage, Catskill, Cooperstown, Deposit, Fredonia, Ilion, Mohawk, Ossining, Owego, Port Chester, and Waterford. Since the 1897 re-codification, these villages must comply with the state's general village law, except insofar as it is incompatible with particular charter provisions. 24 See N.Y. Vill. Law §§ 48-49(Gould 1897). 25 N.Y. Elec. Law § 15-130 (McKinney 2009). 2^ N.Y. Rev. Stat. § 99 (Gould 1852). 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 739

The urban-focused turn-of-the-century efforts of progressive- era school reformers favored at-large elections and smaller sized boards because, they argued, "board members elected by wards advanced their own parochial and special interests at the expense of the school district as a whole."" Other goals on the progressive agenda were the separation of the administration of education from that of other local government functions, holding school elections on a different day from general municipal elections, the elimination of partisanship in school elections, and the elevation of the role of professionals in schooling. In a special study for the New York State Constitutional Convention Commission completed in 1915, Frederick E. Shapleigh of the Public School League of Buffalo said, "The small [school] board, elected at large [sic], has proved far more free from politics and resultant inefficiency than the large board elected to represent wards or districts.""^ Historians have noted that progressive efforts to achieve structural reform of school governance, like those centered on municipal governance generally, were part of a larger struggle by the established Protestant upper and middle classes to retain local political control in the face of massive immigration, first from Ireland and later from southern and central Europe." In New York, a few big city governments retained some role in the administration of schools within them, though even there, in the political tugging and hauling over time, a degree of internal separation was achieved." The mayor of Yonkers appoints the school board there." Reestablishment of mayoral control of education was aggressively and successfully pursued by Mayor

Michael W. Kirst, Turning Points: A History of American School Governance, in Who's In CHARGE Here? The Tangled Web of School Governance AND Policy 14, 19 (Noel Epstein ed., 2004). Frederick E. Shapleigh, The Relation of the State to the City School System, in City AND Coun'it Government 5,57 (1915). See David H. Tyack, Needed: The Reform of a Reform, in New Dimensions OF School Board Leadershif 29, 31, 35, 37 (William E. Dickinson ed., 1969); Chandler Davidson & George Korbel, At-Large Elections and Minority-Group Representation: A Re-Examination of Historieal and Contemporary Evidence, 43 J. Pol. 982, 1003-04 (1981); Samuel P. Hays, The Politics of Reform in Municipal Government in the Progressive Era, 55 Pac. Northwest Q. 157, 160 (1964). See generally Diane Ravitch, The Great School Wars New York City, 1805-1973: A HISTORY OF THE Public Schools as Battlefield of Social Change (1974). N.Y. Educ. Law § 477(McKinney 2009). 740 ALBANY GOVERNMENT LAW REVIEW [Vol. 5

Michael Bloomberg in New York City^" and is currently an issue in Rochester." Nonetheless, success in achieving the reform agenda across the state was almost complete; as one element of this outcome, at-large elections of school boards became the norm. Long evolution and the outcomes of a multiplicity of reform efforts over time has resulted in the current five-fold categorization for New York's 697 school districts: city school districts (62), central high school districts (3), union free school districts (161), central school districts (460), and common school districts (11)." Provisions in law for their governance differ in detail. But in general, state law currently provides for five-, seven- or nine-member school boards elected at an "annual meeting and election. . . held on the third Tuesday of May."'^ Except in common school districts or if local action has been taken to the contrary, aspirants for board membership do not run for the board in general, but seek particular seats. In any event, voters cast ballots to fill all positions; that is, voting is at-large." There is no general provision in law to permit local choice of district-based school board elections. In the City of Buffalo, state law provides for district-based elections of some school board members."

4. Fire Districts

Under provisions of the town law, five-member boards of fire district commissioners are elected at-large in December of each year for staggered five-year terms."

See N.Y. Enuc. Law § 2590-b; Michael R. Bloomberg, Mayor, City of New York, State of the City Address (Jan. 30, 2002). See Joy Resmovits, Taking Schools Into Their Own Hands, Wall St. J., Aug. 16, 2010, at A3; David Hursh, A Look at Mayoral Control of the Rochester City School District, Warner Persp. Educ. BlOG (Jan. 25, 2010, 2:48 PM), http;//www.warner.rochester.edu/blog/warnerperspectives/?p=506. N.Y. State Educ. Dep't, School District Organization: Guide to Reorganization of School Districts in New York State, http://www.pl2. nysed.gov/mgtserv/sch_dist_org/GuideToReorganizationOfSchoolDistricts.htm. N.Y. Educ. Law § 1804(4). See id. §§ 2018, 2032. •" See id. § 2553. See N.Y. Town Law §§ 174-175 (McKinney 2003). 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 741

5. Cities

The story for cities was different. Home rule for cities, and especially New York City, was a major issue in New York State for much of the nineteenth and twentieth centuries.'*" The state legislature retained control of chartering cities on a case-by-case basis until the end of the nineteenth century, and ward systems were preferred for their councils. Cities were first classified into three groups at the 1894 Constitutional Convention, to allow general legislative treatment of municipalities within each class.'** The Second Class City Law Act, passed in 1898, prescribed a ward system for the state's cities within this class.'*" Only with the adoption of optional home rule for second and third class cities in 1914 did at-large elections of council members become an option for New York cities.'*^ The 1924 Home Rule Law, implementing the Home Rule Amendment of 1923, provided for the local drafting and adoption of charters.'*'* Currently, of New York's sixty-two cities, fifteen elect their boards entirely at- large: thirty-five use a mixed ward and at-large system (in twenty-three, just one member, a mayor or presiding officer, is selected at-large); and twelve use single-member districts only.

6. Counties

Counties are an exception to the general preference on New York local government for at-large election to legislative positions. Historically, governing authority for New York counties was vested in the boards of supervisors, comprised of persons elected to town supervisor positions within the county's

''' See Benjamin, supra note 14, at 50-54. See generally W. Bernard Richland, Constitutional City Home Rule in New York, 54 COLUM. L. Rrv. 311 (1954) (discussing a still-classic view on this subject). See 2 Revised Record of the Constitutional Convention of the State OF New York: May 8,1894,to September 29,1894, at 104-05(1900). First class cities were those with populations of 50,000 or greater and second class cities consisted of those with populations less than 50,000. Id. at 104. Second Class Cities Act, ch. 182, 1898 N.Y. Laws 371, 372 (codified at N.Y. Const art. Ill, § 17(amended 2001)). Optional City Government Law, ch. 444, 1914 N.Y. Laws 1883, 1884 (codified at N.Y. CiTY Home Rule Law § 12, repealed by N.Y. Mun. Home Rule Law § 58). N.Y. Const, art. XII, § 3. 742 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 constituent towns. In counties that included cities within their borders, their number was augmented with city supervisors specially elected, usually from wards, to serve in county government. Westchester and Nassau are suburban counties that gained charters by special legislative action long before the adoption of home rule for counties made this possible throughout the state on local initiative. Initially, these counties retained their boards of supervisors.''^ The U.S. Supreme Court decisions in 1964 and 1965 mandating a one-person-one-vote standard in American legislative bodies challenged the continued viability of these boards.''^ Most counties switched to legislatures, with representatives elected from single- or multi-member districts. Considering both partisan factors and the preservation of the town-based structure of county government (which valued the town-county linkage in local governance), others opted to use a weighted voting system to meet requirements for equal representation.'"' Seventeen counties still do this, six of which include cities that elect supervisors from wards.''" The City of Saratoga Springs is an exception; it elects its two members of the Saratoga County Board of Supervisors at-large."^" Multi-member districts were also used, at least initially, to preserve town-based representation at the county level. Seven counties used multi-member districts in 2011.^' Another two

1 Charles Z. Lincoln, The Constitutional History of New York 302,403 (1906); 4 Charles Z. Lincoln, The Constitutional History of New York 218- 19, 445-51. Benjamin, supra note 14, at 21—22; but see A Brief History of the County Board of Legislators, WESTCHESTER Cnty. Bd. OF Legisi^\TORS (Feb. 25, 2010, 5:32 PM), http://westchesterlegislators.com/history.html. WMCA, Inc. V. Lomenzo, 377 U.S. 633 (1964); Wesberry v. Sanders, 376 U.S. 1 (1964); Reynolds v. Sims, 377 U.S. 533 (1964); Baker v. Carr, 369 U.S. 186 (1962). lannucci v. Bd. of" Supervisors, 229 N.E.2d 195, 244 (N.Y. 1967) (sanctioning the practice of a weighted voting system). For a strong critique of weighted voting, see Bernard Grofman & Howard Scarrow, Weighted Voting in New York, 6 LegiS. Stud. Q. 287(1981). Those counties are: Chenango, Columbia, Delaware, Essex, Fulton, Hamilton, Livingston, Madison, Montgomery, Ontario, Saratoga, Schoharie, Seneca, Warren, Washington, Wayne, and Wyoming. Expert Report at 5-6, Levy V. Miami-Bade Cnty., 254 F. Supp. 2d 1269 (2003)(No. Ol-CV-00101). Saratoga Springs, N.Y., Charter tit. 12, §12.3 (General Code through 2011 Code). They were Allegany, Cattaraugus, Greene, Rensselaer, Schenectady, Schuyler, and Yates. See generally County Legislators, SCHENECTADY Cnty., http;//www.schenectadycounty.com/FullStory.aspx?m=65&amid=273 (last 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 743 employed a combination of two-member and single-member districts.^" Ulster County recently switched from a thirty-three- member legislature elected from multi-member districts to a twenty-three-member body elected from single-member districts. In Orleans County, the design of the representative system is similar to that for a city with a mixed district and at- large council. Four legislators are elected from districts and three at-large, but with three distinct regions of residence specified for the at-large members.^'' Schenectady County now uses both weighted voting and multi-member districts.^'' Where multi- member districts are still used for county legislative elections, the representative and political dynamics are similar to those in visited Apr. 2, 2012) (listing Schenectady County Districts and County Legislators); Legislators, Allegany Cnty., http://www.alleganyco.com /default.asp?show=btn_leadership/legislators (last visited Apr. 2, 2012) (listing Allegany County Districts and County Legislators); Legislators of Cattaraugus County, Catt.^raugus Cnty., http://ww2.cattco.org/government/legislators (last visited Apr. 2, 2012) (listing Cattaraugus County Districts and County Legislators); Members of the County Legislature, SCHUYLER Cnty. Gov't, http://www.schuylercounty.us/memlegi.htm (last visited Apr. 2, 2012) (listing Schuyler County Districts and County Legislators); Members of the Yates County Legislature, Yates Cnty., http;//www.yatescounty.org/display_page.asp? pID=187 (last visited Apr. 2, 2012) (listing Yates County Districts and County Legislators); Rensselaer County Legislators, Rensselaer Cnty., http://www.rensselaercounty.org/Districts.htm (last visited Apr. 2, 2012) (listing Rensselaer County Districts and County Legislators); Welcome to the Greene County Legislature, Greene Cnty., http://00644c9.netsolhost.com/legislature /index.htm (last visited Apr. 2, 2012) (listing Greene County Districts and County Legislators). These are Steuhen and Tioga. See generally Legislature, TlOGA Cnty., http://www.tiogacountyny.com/departments/legislature.html (last visited Apr. 2, 2012) (listing Tioga County Districts and County Legislators); Members of the 2012 Steuben County Legislature, Steuben Cnty., http;//www.steubencony.org /pages.asp?PID=297 (last visited Apr. 2, 2012) (listing Steuben County Districts and County Legislators). "Ulster Cnty., N.Y. Charter art. 2, § C-8 (2007). In general, the use of multi-member districts in the United States has been in decline in recent years as a result of voting rights act concerns, discussed in detail for at-large elections in New York State infra. See Josh Goodman, The Disappearance of Multi- Member Constituencies, Stateline (July 7, 2011), http://www.governing.com /blogs/politics/The-Disappearance-of-Multi-Member-Constituencies.html; see also Karl Kurtz, Declining Use of Multi-Member Districts in State Legislatures, Thicket (July 13, 2011, 10:01 AM), http://ncsl.typepad.eom/the_thicket/2011/07 /the-decline-in-multi-member-districts.html. Jim Krencik, Legislature Hears Concerns About District Lines, JOURNAL- RegiSTER (May 30, 2011), http://journal-register.com/local/xll90397444/ Legislature-hears-concerns-about-district-lines. "See Schenectady Cnty., N.Y. Charter art. II, § 2.04 (2001), available at http://www.schenectadycounty.com/content/Charter-Print%20version.pdf. 744 ALBANY GOVERNMENT l^W REVIEW IVoI, 5 discrete localities that employ at-large election.

B. The Merits: New Yorkers Prefer At-Large Elections

At-large elections continue to be valued for their presumed tendency to encourage elected officials to act in accord with the general interest of the entire community. Research showing that governing boards elected at-large are more fiscally prudent than those elected from wards has recently been brought into question.'^ Proponents argue, too, that creating districts in small jurisdictions is impractical, elevates conflict, and may be costly in time and money. In contrast, election of board members from wards or districts is presumed to predispose them to emphasize neighborhood priorities over community-wide concerns, and enhance the prospects for racial and ethnic diversity in board membership. Single-member district representatives also are said to provide a clearer more identifiable link of voters to local government. Campaigns in smaller districts are also less expensive, and may make elective office more widely accessible.'^ These arguments about the relative merits of a board elected from wards versus one with members chosen at-large were at the center of a lively debate in the Town of New Castle in Westchester County in 2011; the debate was over whether to switch to the former from the latter. The persistent strength of the at-large idea is evidenced by the two-to-one majority of those who voted in the town-wide referendum that said "no" to this

See Lawrence Southwick, Jr., Local Government Spending and At-Large Versus District Representation; Do Wards Result in More "Pork"?, 9 EcON. & Poi.. 173 (1997); Lynn MacDonald & Tim R. Saas, The Impacts of Council Size, Government Form and Election Method on Local Public Expenditures (2003), http://localgov.fsu.edu/readings_papers/form%20ol%20govt/MacDonald& Sass_CouncilSize%20FOG%20elections%20and%20expenditures.pdf. " For a summary of arguments and scholarly findings regarding district and at-large elections, see U.XIV. OF N.C. SCH. OF Gov'T, DISTRICT V. At-Largf Ei.FCTIONS, available at http://www.sog.unc.edu/sites/www.sog.unc.edu/files/ effects-districts%20v%20atlarge.doc; Richard Briffault, Election Delegates to a State Constitutional Convention: Some Legal and Policy Issues, 36 Rutgers L.J. 1125, 1153-54 (2005). See Elizabeth Ganga, New Castle Ward Referendum Organizer Responds to Questions Raised in Debate, New Castle (Nov. 4, 2011), http://northernwest chester.lohudhlogs.eom/2011/ll/04/new-castle-ward-referendum-organizer-respo nds-to-questions-raised-in-dehate; Elizabeth Ganga, New Castle Referendum for Town Board Wards Brings Fierce Debate Among Candidates, LoHuD.COM (Oct. 19, 2011, 12:56 AM), http://www.lohud.eom/article/20111019/NEWS02/110190 316/New-Castle-referendum-Town-Board-wards-hrings-fierce-dehate-among-can didates. 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 745

change. This outcome is similar to those in referenda on this question held across the state since the mid-1970s.''" Most recently, switching from an at-large to a district system was rejected at referendum by Babylon, Islip, and Huntington, three large towns on Long Island."'

II. The Voting Rights Act and At-Large Local Elections in New York

The long-time criticism that at-large voting allows a unified majority in the community to control the selection of all its elected officials, denying any voice in the government to social, ethnic or racial minorities, even if they are of substantial size, became much more important with passage of the Voting Rights Act (VRA) in 1965. This federal legislation sought to protect minorities from discrimination at the polls. Because of a history of very low rates of participation among minority group members there in elections, three New York counties were covered by section five of this act."~ This provision requires pre-clearance by the Justice Department or the U.S. District Court of the District of Columbia of proposed changes in electoral processes or structures that might have an invidious impact upon minority participation." More important for this analysis, section two of this law allowed challenges in Federal court to alleged electoral discrimination in any jurisdiction in the country." Because section two was initially interpreted by the Supreme Court as requiring a demonstration of intent to discriminate in election rules, structures, or procedures, however, the long-established

Tom Auchterlonie, Ward Referendum Loses in Landslide, Chappaqua- Mount KISCO Patch (Nov. 10, 2011), http://chappaqua.patch.com/articles/ward- referendum-loses-in-landslide. Local Government H.^ndbook, supra note 17, at 63. John T. McQuiston, Voters in Babylon Reject Effort to Abolish At-Large Elections, N.Y. Times, July 15, 1999, at B5; Vivian S. Toy, Special Election Set Over Council Races, N.Y. Times, Oct. 23, 2005, at 14LI2; Good Government, Neighborhood Network, http://www.longislandnn.org/government/index.htm (last visited Mar. 28, 2012); Timothy Bolger, Huntington Referendum on Districts Set, Long Island Press (Nov. 6, 2009), http://www.longislandpress.com /2009/11/06/huntington-referendum-vote-on-districts-set. "Section 5 Covered Jurisdictions, Civil Rights Division Home Page, U.S. Dep't of Justice, http://www.justice.gov/crt/about/vot/sec_5/covered.php (last visited Mar. 28, 2012). 42 U.S.C. § 1973a(c)(2006). Id. § 1973a(b). 746 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 use of at-large elections in most New York localities was not, at first, actionable. But in renewing the VRA in 1982, Congress said that the critical question was not to be intent, but the discriminatory effect that left protected minorities "less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.'"'^' Writing for the majority in Thornburg v. Ginglesf^ the seminal decision that overturned the use of multi-member districts for electing North Carolina General Assembly members. Justice William Brennan said: "The essence of a § 2 claim is that a certain electoral law, practice, or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by black and white voters to elect their preferred representatives. Other structures or processes that are commonly used in New York along with at-large election may add to their discriminatory effect. One is the scheduling of elections in a manner that reduces turnout among less formally educated, less affluent voters, many of whom are members of minority groups. City, county, and town elections in New York are held on the general election day in November, but in odd-numbered years. Village elections are held in March, with a local option to switch the date.™ School board elections are held in May, and Fire Districts' are held in December." There are at least two other structural factors that sometimes advantage majorities in New York's at-large jurisdictions: smaller boards (e.g. five members) combined with staggered four year terms that make fewer positions available at any one election; and the provision that voters may cast multiple votes, one for each position to be filled, but with the restriction that only one vote may be given by each voter to a single candidate.™ These

See Mobile v. Bolden, 446 U.S. 55, 74 (1980), superseded by U.S. CONST, amend. XV, § 2. 0^ S. Rep. No. 97-417, at 76 (1982). 478 U.S. 30 (1986). Id. at 47; George Bundy Smith, The Multimember District: A Study of the Multimember District and the Voting Rights Act of 1965, 66 Alb. L. Rev. 11, 25 (2002). N.Y. Const, art. XIII, § 8, cl. 5 (mandating that city elections he held in odd-numhered years). N.Y. Elec. Law § 15-104(l)(a)(McKinney 2009). N.Y. Town Law §§ 174-175 (McKinney 2004); N.Y. Eduo. Law § 1804(4) (McKinney 2007). See, e.g., Assem. 9105, 2012 Leg., 235th Reg. Sess. (N.Y. 2012)(a pending 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 747

types of provisions have typically been viewed as having the effect of racial vote dilution under section two of the Voting Rights Act, and retrogression under section five, and are also suggestive of intent to discriminate." If boards are larger, minorities might be advantaged by the commonly used plurality winner rule. (The person with the most votes wins; a majority is not required). This is especially true when there is an organized effort to cast a "bullet vote" for a single candidate, which both adds to the preferred individual's total and reduces the overall number of votes cast—and therefore the number of votes needed to become a plurality choice in a multi-candidate at-large race. Because the population of New Castle, New York is largely white, voting rights considerations were not germane to its choice to continue to use at-large elections for the town board there." But over the last twenty years, federal courts have decided voting rights cases regarding the use of at-large local elections as alleged barriers against effective electoral choice by minority voters in one city, two towns, and one village in New York." Following the 1990 census, voting rights litigation was undertaken on behalf of African American communities in the City of Niagara Falls (Niagara County)," and the towns of Hempstead (Nassau County)," and Babylon (Suffolk County)." Following the 2000 census. Port Chester (Westchester County) was challenged by the U.S. Department of Justice for the negative effects of at-large elections there on the representation of the village's Hispanic population." The use of at-large elections in Niagara Falls and Babylon was not found to be

bill that states that limited voting in circumstances in which it would influence the outcome of an election is prohibited); Kirk Semple, Trying to Make History, With Six Votes Per Person, N.Y. TiMRS, June 12, 2010, at A14; About Our Department, TOWN OF WOODBURY, http://www.townofwoodbury.com/offices/town _board.shtml (last visited Mar. 28, 2011). " Large v. Fremont Cnty., No. 10-8071, 2012 U.S. App. Lexis 3559, at *24 (10th Cir. Feb. 22, 2012). See New Castle, New York, City-Data, http://www.city-data.com/city/New- Castle-New-York.html (last visited Mar. 28, 2012) (showing that about 90 percent of New Castle's population is Caucasian). See infra Part II.A-D. NAACP V. Niagara Falls, 913 F. Supp. 722, 726 (W.D.N.Y. 1994), aff'd, 65 F.3d 1002 (2nd Cir. 1995). " Goosby V. Town Bd., 956 F. Supp. 326, 328 (E.D.N.Y. 1997), aff'd, 180 F.3d 476 (2nd Cir. 1999). Reed v. Town of Babylon, 914 F. Supp. 843, 848 (E.D.N.Y. 1996). See infra Part II.D. 748 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 discriminatory.'^" In contrast, the use of this method of choosing representatives in Hempstead and Port Chester was found to be violation of the Act, and remedial action was required.'^' In all cases, federal judges entered into detailed consideration of local political history, including the operation of partisan nominating processes, group voting patterns, and election outcomes. Particular attention was given to sorting partisan from racial factors in determining the reason for the failure of overwhelmingly Democrat African American communities' preferred candidates to prevail in local elections. In all cases, the three threshold criteria established in Thornburg v. Gingles^^ were applied to determine if discrimination was present. These are whether: • the minority group is "sufficiently large and geographically compact to constitute a majority in a single-member district" in the jurisdiction in question, if such a district were created; • the minority group votes cohesively, as a bloc; and • the "white majority votes sufficiently as a bloc to enable it. . . to defeat the minority's preferred candidate.'"''* In addition, the Court in each case considered the "totality of circumstances" in the locality that might result in racial discrimination in the structuring and administration of elections and providing the access to elective office, in accordance with a list of nine criteria placed in the record in 1982 by the Senate Judiciary Committee, in reporting out the Voting Rights Act for renewal."'' These are: 1. the extent of any history of official discrimination in the state or political subdivision that touched the right of the members of the minority group to register, to vote, or otherwise to participate in the democratic process; 2. the extent to which voting in the elections of the state or political subdivision is racially polarized; 3. the extent to which the state or political subdivision has used unusually large election districts, majority vote requirements, anti-single shot provisions, or other voting

See infra Part II.A-B. See infra Part II.C-D. 478 U.S. 30 (1986). Id. at 50-51. Id. Id. at 43. 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 749

practices or procedures that may enhance the opportunity for discrimination against the minority group; 4. if there is a candidate slating process, whether the members of the minority group have been denied access to that process; 5. the extent to which members of the minority group in the state or political subdivision bear the effects of discrimination in such areas as education, employment and health, which hinder their ability to participate effectively in the political process; 6. whether political campaigns have been characterized by overt or subtle racial appeals; 7. the extent to which members of the minority group have been elected to public office in the jurisdiction; 8. whether there is a significant lack of responsiveness on the part of elected officials to the particularized needs of the members of the minority group; and 9. whether the policy underlying the state or political subdivision's use of such voting qualification, prerequisite to voting, or standard, practice or procedure is tenuous/^

A. Niagara Falls

Effective in 1988, Niagara Falls changed its city charter to move from a five-person council-manager form of government to a strong mayor-council form, with a seven-person city council elected at-large for staggered four year terms/^ The first seven- person council was elected in 1987/** African Americans in 1990 constituted 15.58 percent of Niagara Fall's population, rising from 10.06 percent in 1970 and 12.94 percent in 1980.^^ Under the previous five-member council elected at-large system, and in the first years of the new system, no African American had ever been elected to city office.*^" In 1993, the NAACP sued the city, arguing that its African American population was geographically concentrated, sufficiently large to comprise a district in a

Id. at 36-37; S. Rep No. 97-417, at 28 (1982). NAACP V. Niagara Falls, 913 F. Supp. 722, 727 (W.D.N.Y. 1994), aff'd, 65 F.3d 1002 (2nd Cir.1995). Id. Id. at 729. Id. (explaining that Andrew Williams, an African American, was elected to the Council in 1991 with the largest total vote, and came to serve as its chairman). 750 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 hypothetical single member district system, and usually voted in a bloc, but that white bloc voting in the city and the totality of circumstances there denied effective choice in elections by minority voters in violation of the Federal Voting Rights Act.*^' The facts of geographic concentration of African Americans in the city and their pattern of bloc voting were uncontested in the litigation. Federal District Court Judge William Scretny was not convinced, however, that the record of recent elections in the city demonstrated the presence of a pattern of white bloc voting, or that it evidenced a totality of circumstances that denied effective electoral choice in Niagara Falls to African Americans. He found that, "on the whole, the white majority population in the City of Niagara Falls does not vote in such a way that it usually defeats the African American voters' candidate of choice," and found also that "[i]n recent elections, African Americans have been particularly successful in electing their candidates of choice.'"^" On appeal, Judge Jose Carbanes, writing for a three-judge panel of the Federal Circuit Court, found that the District Court had inappropriately discounted the evidence of white bloc voting offered by the NAACP and its expert witnesses, derived largely from elections prior to the change in Niagara Falls' local government structure in 1988." In the Circuit Court's view, however—and in accord with the Senate factors detailed above— the city's failure until 1991 to elect an African American to its council was by itself insufficient as evidence of the discriminatory effect of at-large elections there." Judge Carbanes wrote: "We decline to adopt an approach precluding the possibility that a white candidate can be the actual and legitimate choice of minority voters. Such an approach," he said, "would project a bleak, if not hopeless, view of our society."" In sum, and notwithstanding the errors it found by the lower court in interpreting the record regarding white bloc voting, the Circuit Court concluded that there was insufficient evidence in the totality of circumstances in Niagara Falls to overturn its at-large system." A decade and a half later, the 2010 census showed that 21.6%

Id. at 727. •^2 Id. at 740. « NAACP V. Niagara Falls, 65 F.3d. 1002, 1009(2nd Cir. 1995). Id. at 1023. ■>5 Id. at 1016. Id. at 1005. 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 751 of the population of Niagara Falls was African American; there were two African American members on its city council.'^^

B. Babylon

In 1990, the town of Babylon was (and still is, after the above referenced failure in 1999 to adopt a districting system) governed by five-person board comprised of a Supervisor and four council members.^** The latter were elected at-large, two each in every election cycle, for four-year terms.^^ Babylon's population of 202,889 was, in 1990, just over 14.9 percent African American (13.34 percent of voting age population).'"" African Americans resided largely in three separate communities: Wyandancb and Wbeatley Heights, North Amityville, and Deer Park.'"' Though Republicans had long dominated town government, since 1987 the town board was controlled by a Democrat majority.'"" Most African Americans in Babylon were registered as Democrats.'"^ In the early 1990s, a group led by Dr. Eugene T. Reed, a long time Long Island civil rights activist, alleged that their town's at- large system diluted African American voting strength in violation of the Voting Rights Act.'"'' Employing the Gingles criteria in deciding Reed v. Town of Babylon, Federal Judge Joanna Seybert found that the voting rights claims failed to meet threshold requirements for two reasons.'"-^ First, the town's African American population was insufficiently large and concentrated so as to allow it to comprise a majority in a single member district if one were created.'"" Second, the town showed no pattern of racially polarized voting that evidenced dilution of African American voting strength.'"^

Population by Race and Hispanic or Latino Origin, New York State Local Areas, Pub. Law 94-171, at 18 (2010), available at http://www.esd.ny.gOv/NYSDataCenter/Data/Census2010/PL2010Tab3NY.pdf [hereinafter P0PUIJ\TI0N BY Race]. Reed v. Town of Babylon, 914 F. Supp. 843, 849(E.D.N.Y. 1996). Id. Id. at 849-50. Id. at 850-51. Id. at 854. ">3 Id. at 853. See id. at 848, 859, 861. See id. at 863, 892. See id. at 863, 872-74. See id. at 877, 884. 752 ALBANY GOVERNMENT LAW REVIEW [Vol. 5

On the first point, Judge Seybert, citing Holder v. Hall,^^^ noted that those seeking change in Babylon could not assume a hypothetical enlarged governing board. Without an increase in the number of board members, creation of a single-member district with an African American majority would require the inclusion of 94 percent of Babylon's black population."" After examining the single-member district maps proposed by the plaintiffs in this case, and mindful of the Supreme Court's specification of the heightened level of scrutiny required if race was the predominant consideration in districting,'" Judge Seybert concluded that these were "drawn with a near-exclusive focus on race," and took insufficient consideration of such traditional "districting criteria .. . [such] as compactness, respect for the Town's geography, contiguity and the integrity of political subdivisions and communities of interests.""- On the second point. Judge Seybert found considerable evidence that aggregated results of white and African American voting for Democrats in Babylon showed little difference, candidates' race notwithstanding."'^ Moreover, African Americans were substantially involved in the local Democratic Party organization, including candidate selection, and the Democrat majority on the town government was responsive to black community needs and priorities."'* Babylon's population in the 2010 census was 213,603; 16.32 percent of which was African American and 16.76 percent Hispanic."^ There was one black and one Hispanic member serving on the town council in 2011.""

C. Hempstead

In 1990, 12.1 percent of the Town of Hempstead's 725,639

512 U.S. 874 (1994); Reed, 914 F. Supp. at 865-66. Reed, 914 F. Supp. at 866 (citing Concerned Citizens for Equality v. McDonald, 63 F.3d 413, 417 (5th Cir. 1995)). Id. at 868. See, e.g.. Miller v. Johnson, 515 U.S. 900, 939 (1995); Shaw v. Reno, 509 U.S. 630, 657-58 (1993). Reed, 914 F. Supp. at 873-74. See id. at 881-83. Interestingly, the analysis included a judicial race in which a winning Republican candidate was African American. Id. at 874. Id. at 890-91. ' POPUIATION BY Race,supra note 97, at 28. Town of Babylon Council Members, Town of Babylon, http://www.townofbabylon.com/towncouncil.cfm (last visited Mar. 28, 2012). 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 753 residents and (11.2 percent of the voting age population) was African American."^ African-Americans lived mostly in the adjoining communities of Roosevelt, Freeport, Hempstead (village), Lakeview, Uniondale and Baldwin."*^ The town was governed by a supervisor and six council members, all elected at- large."^ Three council members were chosen for four-year terms in staggered, odd-numbered years.''" Town politics had been Republican-dominated for much of the twentieth century.'"' Nomination to town office was controlled by the county Republican leader, and no black person was nominated or elected to the town board until 1993.'^" In that year, Curtis Fisher was appointed to the board to fill a vacancy, in the midst of the litigation on the town's at-large system, on the initiative of the county Republican leader, Ralph Mondello.'-^ Supported by the Center for Constitutional Rights in New York City, Dorothy Goosby (who, until then had been an unsuccessful Democrat candidate for the Hempstead Town Board) with others, filed a class action suit against the Town of Hempstead charging that its at-large voting system for electing the board diluted minority votes in violation of section two of the Voting Rights Act.'"'' Applying the three-fold Gingles criteria in considering the town's political history, and also the Senate guidelines for consideration of the totality of political circumstances in Hempstead, Federal Judge John Gleeson found that the African American community was sufficiently large and concentrated to become a majority in a single-member district if such a districting system were created there.'"'' The judge also found patterns of polarized voting in both the black and white communities, with white bloc voting, in combination with the town's at-large system.

Goosby V. Town Bd., 956 F. Supp. 326, 331 (E.D.N.Y. 1997), aff'd, 180 F.3d 476(2nd Cir. 1999). Id. at 333, 345, 349. When enrolled, African Americans were far more Democrat in their partisanship than Republican. Id. at 347-48. Id. at 331. Id. '2' Id. at 332. Id. at 332, 339-40. Id. at 332, 340-41. Id. at 328; Stewart Ain, Decision Expected in Blacks' Suit Against Hempstead, N.Y. TIMES, Oct. 13, 1996, at 13LI10. Goosby, 956 F. Supp. at 329—30, 348—49. Notably, the presence of a larger hoard made this factor easier to satisfy than it was in Babylon, with a smaller hoard. Id. at 350; Reed v. Town of Babylon, 914 F. Supp. 843, 868 (E.D.N.Y. 1996). 754 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 foreclosing African American access and influence. There was some evidence of invidious use of racial appeals in local elections.'" Moreover, Judge Gleeson found, the Republican- dominated Hempstead town government, though not racially biased in its formal actions, was largely closed to African American influence and unresponsive to the priorities of the town's black communities.'"'' Considering the totality of circumstances. Judge Gleeson (and the circuit court considering the matter on appeal after him)'" found the town's argument that the minority's preferred candidates had failed at the polls largely for partisan reasons unconvincing, not substantially because of the effects of the electoral system.'" As a result of this analysis. Judge Gleeson determined in Goosby V. Town Board of the Town of Hempstead that the at-large system used in the town discriminated against minority voters and candidates, and ordered the creation of a six single-member district system for electing town council members.'" In response, the appeals court summarized, in May of 1997, that The Town Board submitted two redistricting proposals. ... [A] two-district system, with one single-member district encompassing the majority of the Town's black population and approximately one-sixth of the Town's total population, and a second five-member district including the remaining five-sixths of the Town's population. The Town Board's alternative plan consisted of six single-member districts, one of which was the same majority black district advanced under the first plan. The first was rejected by the court as predominantly race- based; the second was accepted.'" The aforementioned appeal by the town failed.'" Ms. Goosby was later elected to the council from the newly created first district; she continued in 2011 to serve as the sole African American member.'"

Goosby, 956 F. Supp. at 351. '27 Id. at 353. '2" Id at 352—53. '2'2 Goosby V. Town Bd., 180 F.3d 476, 503-04 (2d Cir. 1999). Id. at 495, 497; Goosby, 956 F. Supp. at 353, 355. '2' Goosby, 956 F. Supp. at 356. '22 Goosby, 180 F.3d at 483. '22 Id. '2-' Id. at 498. '25 Council Members: Dorothy L. Goosby, TOWN OF HempSTKAO, http://townofhempstead.org/index.php/council-members/goosby (last visited Mar. 28, 2012). 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 755

D. Port Chester

In the year 2000, Port Chester, a village in suburban Westchester County, had a population of 27,867, 12,884 (46.2 perecent) of whom were of Hispanic background. Though only a slightly smaller proportion of the village's voting age population was Hispanic, the Hispanic citizen voting age population was only slightly more than one fifth (21.95 percent) of the potential electorate.'" Port Chester was governed by a board comprised of a mayor and six trustees, the former elected for two years, and the latter for staggered three-year terms (two elected each year).'^'' The failure of candidates of Hispanic background to ever win an election in the village and largely coterminous school district led to a voting rights challenge of the at-large system used in village elections.'" In reaction, the Village Board of Trustees said in a resolution (December 4, 2006), that the problem was not discrimination, but rather "apathy" in the Hispanic community.'''® To the plaintiffs' advantage, the minority group was a larger proportion of the village population than in previous cases litigated in New York, and there were six, not five, village board positions (in addition to the mayor).''" After reviewing the arguments and evidence. Federal Judge Stephen C. Robinson found that the three Gingles preconditions for a voting rights challenge were met.'''" The village's Hispanic minority was sufficiently large and concentrated geographically to provide a majority in a single-member district, if Port Chester

United States v. Vill. of Port Chester, 704 F. Supp. 2d 411, 419 (S.D.N.Y. 2010). Id. at 419-20. Id. at 420. Id. at 416; Press Release, Dep't of Justice, U.S. Attorney, S.D.N.Y., U.S. Files Voting Rights Lawsuit Against the Village of Port Chester, N.Y. (Dec. 15, 2006), available at http://www.justice.gov/usao/nys/pressreleases/CivilRights /portchesterla wsuitpr.pdf. See Memorandum in Support of Petitioner Application for a Preliminary Injunction at 5, Vill. of Port Chester, 704 F. Supp. 2d 411; Barbara Whitaker, In Victory for Hispanics, Judge Halts Port Chester Elections, N.Y. TiMRS, Mar. 3, 2007, at B2. See Vill. of Port Chester, 704 F. Supp. 2d at 419-20; NAACP v. Niagara Falls, 913 F. Supp. 722, 727 (W.D.N.Y. 1994), a/frf, 65 F.3d 1002 (2d Cir.1995); Reed v. Town of Babylon, 914 F. Supp. 843, 868 (E.D.N.Y. 1996); Goosby v. Town Bd., 956 F. Supp. 326, 331 (E.D.N.Y. 1997), aff'd, 180 F.3d 476 (2d Cir. 1999). Vill. of Port Chester, 704 F. Supp. 2d at 446. 756 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 was divided into six such districts to elect its board. Maps submitted into evidence showed how this might be done. The minority voted as a bloc, but white bloc voting resulted in the minority systematically failing to gain victory for its preferred candidates. Considering the totality of circumstances, Judge Robinson found evidence of structural bias in village elections; one germane element was an overt anti-Hispanic appeal in a mailing that was circulated in connection with the 2007 village election for mayor. He found a violation of the Voting Rights Act, and directed that remedial plans be proposed. Port Chester, less than two square miles in area, continued to resist the creation of single-member districts.''"' As in many communities with at-large voting, a number of residents did not like the idea of their village being divided into wards. It seemed impractical, violated citizens' commitment to the idea of a single community, and promised divisive politics (and increased financial cost) at times of decennial redistricting. So when faced with the outcome of their voting rights lawsuit, village leaders decided in 2009 to adopt a system of cumulative voting.'''' This allows each voter to have one vote for each seat on the board, but to cast all his or her votes for a single person. With cumulative voting, an organized minority may concentrate its voting power in support of a preferred candidate. Judge Robinson approved this locally advanced and preferred plan, notwithstanding the Department of Justice's expressed preference for single member districts.''"' (The department took this stance even though it had accepted this remedy in a number of cases in other states.)"'*' The court approved a consent decree on December 22, 2009, providing not only for this process, but for substantial voter education efforts and oversight arrangements to assure election integrity.'^"

Id. at 447. Id. at 436. Id. at 446-47. See id. at 447. '''' Kirk Semple, In a First, Port Chester Puts a Latino On Its Board, N.Y. Times, June 17, 2010, at A27. See Shawna C. MacLeod, Note, One Man, Six Votes, and Many Unanswered Questions: Cumulative Voting as a Remedial Measure for Section 2 Violations in Port Chester and Beyond, 76 Brook. L. Rev. 1669,1687-88 (2011). Id. at 1680-81. i.io Press Release, U.S. Attorney, S.D.N.Y., Vill. of Port Chester, N.Y., Enters Into Historic Voting Rights Consent Decree with the United States (Dec. 22, 2009), available at http://www.justice.gov/usao/nys/pressreleases/December09/ 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 757

In June of 2010, at the first election following the signing of this decree, the entire six-member village board was elected, enhancing the prospect of the election of a candidate preferred by minority voters.''^' Overall, in fact, the use of cumulative voting "produced a multiethnic and multipartisan panel of trustees.'"" It included Democrat Luis Marino (a custodial worker from Peru who had lived in Port Chester for some time), independent candidate Bart Bidden, Democrat Daniel Brakewood, Conservative John Branca, Republican Joseph Kenner (an African American), and Republican Sam Terenzi.'" Interestingly, this board then sought, by an appeal in Federal Court, to overturn the process that had produced it.'" Trustee Kenner argued that the original voting rights case never should have been brought, that the Hispanic community's preferred candidate would have won under the old system, and that the results of the litigation had cast a "shameful and unwarranted stigma" on Port Chester.'" The appeal failed. The financial costs of defending voting rights actions may be substantial for hard-pressed local governments. Not including the cost of the final appeal, for which $225,000 was initially budgeted, this lawsuit cost the village of Port Chester an estimated $1.2 million in legal fees.'" The cost to the federal government has not been estimated. The annual budget for Port Chester in 2010 was $34.9 million; the village's real property tax levy in that year was $23.2 million.'"

111. Going Forward

Both statutory history and legal precedent make clear that the

portchestervotingsettlementpr.pdf. Leah Rae, Port Chester Voting Yields Diverse Board, J. News (Westchester, N.Y.), June 17, 2010, at AWP3. Id. Id.] Jenny Shen & Nic Riley, On Port Chester's Election, Brennan Ctr. FOR Justice (June 22, 2010), http://www.brennancenter.org/blog/archives/on_ port_chesters_election_and_counting_minority_votes/. For a strong defense of the use of cumulative voting in Port Chester, see Alec Slatky, Debunking the Myths about Port Chester, Fair Vote (June 25, 2010), http://www.fairvote.org /debunking-the-myths-about-port-chester#.Tw4UAlF62So. Kirk Semple, Port Chester to Appeal U.S. Voting Rights Ruling Aimed at Helping Latinos, N.Y. Times, Feb. 24, 2011, at A25. •55 Id. '5<^ Id. '5'' Village of Port Chester, Adopted Budget Fiscal Year June l, 2010 to May 31,2011, at 1, 4 (2010). 758 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 number and proportion of protected minority group members on a local board are not dispositive of whether minority group voters in that jurisdiction have a fair chance of effectively exercising choice at the polls. For example, after considering the Gingles criteria and the Senate guidelines—including the totality of circumstances in the community—Judge Gleeson in the Hempstead case discussed earlier was not dissuaded from his judgment that a voting rights remedy was needed. He reached this conclusion notwithstanding the appointment, during the course of the litigation, of an African American town board member by the dominant Republican majority.'''^ But the presence of minority group members on these local boards is indicative of greater incorporation of the diversity of the community in the local polity. A review of the 2010 census of population and board membership in New York localities using at-large election shows that this incorporation has indeed been occurring for African Americans, but far less so for people of Hispanic decent. Of the New York cities using at-large elections in 2011, six had African American populations that, if concentrated and voting as a bloc, would comprise the majority in at least one district in a single-member district system: Niagara Falls, Newburgh, Schenectady, Mount Vernon, Peekskill, and White Plains."*" In all but Peekskill, the African American proportion of the city council membership equaled or exceeded that group's proportion of the population.'"' In fact, as Table I shows. New York cities with substantial African American populations have proportionately incorporated leadership from this minority group regardless of the nature of the districting system they have in

See supra Part II.C. See, e.g., New York State & County Quickfacts, U.S. Cknsus Bureau, http://quickfacts.census.gOv/qfd/states/36000.html (last visited Mar. 27, 2012) (showing black and Hispanic individuals make up over 30 percent of New York's population); see also Board of Trustees, VILLAGE OF PORT CHESTER, N.Y., http://www.portchesterny.com/Pages/PortChesterNY_BTrust/index (last visited Mar. 27, 2012)(showing diversity on a town board). Population by Race, supra note 97, at 53-54, 56, 60, 66. Newburgh has since switched to a mixed system. A note on methodology. The author created a database for minority representatives and minor population in at-large cities. The sources for the database were the 2010 Census and the official city websites with names and photos of council members for the following cities: Auburn, Glen Cove, Long Beach, Mount Vernon, Newburgh, Niagara Falls, Peekskill, Ogdensburg, Rye, Saratoga Springs, Schenectady, Sherrill, Watertown, Watervliet, and White Plains. 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 759 use."*"

Table I New York Cities with Substantial African American Populations (Numbers of Cities) Districting System % Council Members that is AA. relative to city % AA VAP Equal or Higher Lower At-large 5 1 District 4 0 Mixed 5 1 Source: 2010 Census and review of city government websites This evidence suggests that over time, growing African American populations in cities, and demands for inclusion, combined with strategic calculations by established local leadership seeking to gain or achieve partisan control, resulted in the elevation of minority representatives to local legislative leadership roles. Almost certainly, voting rights litigation, or its threat, was and continues to be an element in the overall political calculus. Not all of this litigation concerned the use of at-large systems. In New Rochelle, the issue was the design of districts in a single-member district system. But considerable incorporation of minorities in community leadership roles occurred over time without litigation, and without regard to the presence or absence of at-large council elections. In contrast, as demonstrated in Table II, integration of Hispanic leadership in New York cities is far less advanced. In general, elected councilors of Hispanic origin in New York cities with substantial Hispanic populations are a smaller percentage of council members than voting-age Hispanics are of city populations.

See Table I. New Rochelle Voter Defense Fund v. City of New Rochelle, 308 F. Supp. 2d 152, 162 (S.D.N.Y. 2003). 760 ALBANY GOVERNMENT LAW REVIEW [Vol. 5

Table II New York State Cities with Substantial Hispanic Populations (Numbers of Cities) Districting System % Council Members that is Hispanic relative to city % Hispanic YAP Equal or Higher Lower At-large 1 2 District 0 2 Mixed 3 4 Source: 2010 census and review of city government websites This is true in other New York municipalities that employ at- large elections. Voting Rights Act protections were extended by congress to "language minorities" in 1975.'^ There are now twenty-eight New York towns and villages, mostly in downstate suburban counties, in which the Hispanic voting age population by itself exceeds a fifth of these communities' voting age population, the necessary proportion—if concentrated and voting as a bloc—to be a majority in a single-member district in a jurisdiction with a five-member board. In these places on average, the Hispanic voting age population has grown by twenty-nine percent; in a few selected cases it has come close to doubling. Research at the Center for Research, Regional Education and Outreach at SUNY New Paltz showed that in thirteen of the twenty-one of these for which we could obtain data, there was no Hispanic board member in 2010."'^ In only four towns and villages was the proportion of Hispanic persons on the governing board roughly proportional to the number of Hispanic persons in the voting age population.'^'

Voting Rights Act of 1965, Pub. L. No. 94-73, 89 Stat. 400 (codified at 42 U.S.C. § 1971 (2006)). The author created a database of cities, towns, and villages in New York with Hispanic populations greater than 20 percent. The data was found on websites of the municipalities. See POPULATION BY RACE, supra note 97. 166 Thirteen of the twenty-one municipalities surveyed do not have any Hispanic representatives on their hoards: Town of East Hampton, Town of Islip, TownA^illage of Mount Kisco, Village of Island Park, Town of Mamaroneck, Town of Ossining, Village of Greenport, Village of Manorhaven, Village of Ossining, Village of Sleepy Hollow, Village of Spring Valley, Village of Westhury, and Village of Valley Stream. These towns are Haverstraw, Hempstead, Port Chester, and Thompson. See Michael Fondacaro, Dirf:ctory of Latino Elected Officials in New York 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 761

Villages generally do not hold their elections in New York on the general election day, so the November 2011 election produced no new outcomes for their boards. The six towns in our sample were Ossining, Rye, Haverstraw, Easthampton, Islip, and Mount Kisco. All use at-large elections. In 2011, Rye and Haverstraw continued one person of Hispanic origin in office."*^ The four others still have no Hispanic board members. Though other Hispanic persons ran for office, no other member of this minority group was elected this year. Looking at villages alone, notwithstanding the almost universal use of at-large elections, incorporation of African American elected leadership has been substantial, while the election to office of persons of Hispanic origin is still pending (Table HI).

Table HI Minority Group Share of Elected Leadership in New York Villages with Substantial Minority Populations (Number of Villages)

Council % relative to VAP% Equal or Higher Lower African American 10 4 Hispanic 1 20 Source: 2010 census and review of city government websites This pattern suggests that, as its attorneys argued in Port Chester's defense and as Judge Stephen C. Robertson summarized, "given time and assuming continued growth of the Hispanic population of the Village, the Hispanic community could

State (20H), available at www.nylarnet.org/reports/pol_Directory.pdf. See Town Council Members, TOWN OF Rye, http://www.townofryeny.com/ index.php?act=view_cms&id=14&contentFull=full (last visited Mar. 18, 2012); Town of Haverstraw Board Members, Town OF Haverstraw, http://www.townof haverstraw.org/board.html (last visited Mar. 18, 2012). The four towns are East Hampton, Islip, Mount Kisco, and Ossining. See East Hampton Town Board, TOWN OF East Hampton Long Island, N.Y., http://www.town.east-hampton.ny.us/HtmlPages/TownBoardBackgroundInform ation.htm (last visited Mar. 18, 2012); Elected Officials, Town OF ISLiP, http://www.townofislip-ny.gov/about-islip/elected-officials (last visited Mar. 18, 2012); Ossining Town Board, Town of Ossining, http://www.townofossining .com/depts/townboard.htm (last visited Mar. 18, 2012); Village Board of Trustees, Village/Town of Mount Kisco, http://www.mountkisco.org/Pages /MtKiscoNY_BComm/VillageBoard/index (last visited Mar. 18, 2012). 762 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 come to dominate the political landscape in Port Chester even under the current at-large system."'™ But, the judge added, "[t]his Court... is not charged with projecting what might happen years, or decades, from now; rather, we are faced with the current political reality in the Village . . . The story is generally the same for school districts for which, as noted, all elections are at-large. For the purpose of analysis we assumed a board size of seven members. We considered jurisdictions for which we could get information on the racial and/or ethnic background of board members and that had at least a 14 percent or more African American, or 14 percent or more Hispanic population, or both. The pattern is generally the same as for the municipalities we examined with significant-sized minority populations: far more inclusion on boards of African American leadership than Hispanic leadership. In fact, only five school districts out of fifty-one for which we were able to gather data had Hispanic elected leadership commensurate with or exceeding the size of their Hispanic populations.

Table IV Minority Group Share of Elected Leadership in New York School Districts with Substantial Minority Populations Board % Relative to Population % Equal or Higher Similar Lower

African American 19 4 10 Hispanic 3 2 46 Source: 2010 census and review of city government websites Though examining historic community voting patterns in detail is beyond the scope of this study, preliminary maps prepared in connection with this research show that Hispanic populations in selected towns on Long Island are heavily concentrated residentially. Times are difficult; lawsuits are expensive. New York's diversity continues to grow. (The political incorporation of the Asian American community, rapidly growing, is just beginning.) Prudence suggests that these communities with increasingly diverse populations anticipate the need to be

'™ United States v. Vill. of Port Chester, 704 F. Supp. 2d 411, 446 (S.D.N.Y. 2010). Id. at 446-47. 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 763 responsive in the redesign of their electoral arrangements in light of the speed of population change and the risk of litigation.

IV. Achieving More Equitable Representation Without Litigation Through Voting System Change

In 2001, California, which has a very substantial and rapidly growing Hispanic population, passed a state Voting Rights Act that specifically targets at-large election systems.'^- Concomitant with the voting rights litigation in Port Chester, Assemblymember Peter M. Rivera, chair of the State Assembly Puerto Rican/Hispanic Task Force, introduced a bill on Martin Luther King Day in 2007 to "forc[e] communities that continue to rely on at-large elections to adopt district or ward elections by the fall of 2009." This proposed legislation did not pass, but was reintroduced in 2009 and 2011.'^'' It would ban at-large elections in New York towns and villages entirely, while directing county boards of elections to draw newly required ward boundaries for localities. To assist in this effort, the bill makes a provision for technical support for county boards from the Legislative Office on Demographic Research and Reapportionment and from the Secretary of State's Office.''^ A second legislative initiative seeks to provide data that would ease the possibility of voting rights litigation not only in general purpose governments but also in school districts. Though school district and other special district elections have been the subject of voting rights litigation elsewhere in the country, this has not been the case in New York.'" Perhaps this is because such

'^2 Gal. Elec. Code §§ 14025-14032(West 2012). Press Release, Assemblyman Peter M. Rivera, State Lawmaker and Community Leaders Unveil Plan to Protect Minority Voting Rights on Dr. Martin Luther King Day (Jan. 15, 2007), available at http://assembly.state.ny .us/member_files/076/20070116. Assem. 4879, 2009 Legis., 232d Reg. Bess.(N.Y. 2009); Assem. 4423, 2011 Legis., 234th Reg. Sess.(N.Y. 2011). Assem. 4423, 2011 Legis., 234th Reg. Sess.(N.Y. 2011). Id. See Cases Raising Claims Under Section 2 of the Voting Rights Act, Dee't OF Justice, http://www.justice.gov/crt/about/vot/litigation/recent_sec2.php (last visited Apr. 1, 2012). Fire districts are small, low-visibility governments. Many are in communities with few minority group residents. Historically, allegations of racial discrimination in them have arisen on Long Island. See Clinton Grant & John Syffrard, Dr. Eugene Reed and the Battle for Civil Rights on Long Island, http://people.hofstra.edu/alanJ_singer/294%20Course%20Pack/xl0.% 20CiviI%20Rights/Eugene%20Reed.pdf. 764 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 elections in the state are not commonly conducted on the geographic basis used for other elections, making it very difficult to access aggregate statistical evidence regarding bloc voting.'''^ In commenting on the utility of evidence from a largely coterminous school district in considering the discriminatory effect of at-large elections in Port Chester, for example. Federal District Court Judge Robinson wrote: "Because these elections take place in a single voting precinct... it is not possible to perform the same types of statistical analysis for the School Board elections as were performed for all other endogenous and exogenous elections studied in this case."'^'' In response to evidentiary challenges presented by the Gingles standards, Assemblymember Peter Rivera has also entered legislation in the state Assembly to mandate the collection of individual-level racial and ethnic data by county boards of elections."^" New York State Senator Mark Grisanti said in his memorandum accompanying this bill: The collection of data by race and ethnicity will allow researchers to better gauge voter registration and turnout in the state. With this information efforts to promote voting would be more effective, policymakers [sic] will be better able to monitor and regulate the electoral process to insure the highest degree of participation by citizens. Political parties and civic organizations will be in a better position to mobilize voters.'^' In light of the evidence presented here, the approach encompassed by these two bills seems too inclusive and excessively confrontational. At-large elections are the norm and are preferred in local government in New York. Most localities in New York that employ them still have relatively small minority

Federal, state, city, county, and town elections in New York are administered in accord with State Election Law by county Boards of Elections, overseen by a state Board of Elections. The Election Law makes villages responsible for administering their own elections, though they may contract with counties to do this. See N.Y. Elec. Law § 15.104 (McKinney 2009). School district elections are administered by the districts themselves in accord with the Education Law, under the aegis of the state Education Department. See N.Y. State Sch. Bd. Ass'n & N.Y. State Bar Ass'n, School Law 103-09 (32d ed. 2008). Town Law provides for fire districts to administer their own elections. N.Y. Town Law § 175 (McKinney 2004). United States v. Vill. of Port Chester, 704 F. Supp. 2d 411, 429 (S.D.N.Y. 2010). Assem. 5760, 2011 Leg., 234th Reg. Sess. (N.Y. 2011); S. 4635, 2011 Leg., 234th Reg. Sess.(N.Y. 2011). Sponsor's Memorandum from Mark Grisanti, N.Y. State S., in Support of S. 4635, 2011 Leg., 234th Reg. Sess.(N.Y. 2011). 2012J AT-LARGE ELECTIONS IN NEW YORK STATE 765 populations. Uniformly in recent years, citizens voting in local referenda have rejected switching from at-large to districting systems. Voting rights litigation attacking at-large systems, claiming they deny minority group members effective choice at the ballot box, has had mixed success in New York State. Moreover, what appears to be at stake is the pace of change, not the fact of demographic diversity integration in locally elected leadership in New York. Evidence gathered after the 2010 census for cities with substantial minority populations shows that places with at-large elections in the state have been as successful as those with mixed or district systems in electing African American leadership to their councils.'^" In contrast, in cities where Hispanic population is substantial, election of Hispanic council leadership has lagged, and the electoral system is one of several likely factors in this."^"^ In villages—where at-large systems are almost universally used—^African American leadership has also generally emerged concomitant with the size of that minority's population. But as of today, Hispanic leadership has not. This may be in part because Hispanic populations are more recently arrived and have grown very rapidly in New York's cities (outside New York City) and villages during the last decennium, and include relatively large numbers of persons not eligible to vote. Creating a district-based or mixed system for election to the local legislative body, the more traditional approach and that favored by the U.S. Justice Department, remains one potential response to growing population diversity. The City of Newburgh did this in 2011. With a population of 39 percent Caucasian, 30 percent African American and 47 percent Hispanic in 2010, the city's board will have three black and two white members in 2012. A charter commission recommended, and voters this year approved, a charter change that moved the city from a five- member board, with all members selected at-large, to a seven- member board with four selected from wards and three at- large. This change retained a substantial city wide perspective

See Table I. See Table II. Population by Rack, supra note 97, at 21; Government, City of Newburgh, N.Y., http://www.cityofnewburgh-ny.gov/gov/council.htm (last visited Mar. 27, 2012). Gerald Benjamin & Joshua Simons, CREEO: New Models for Local Districts, Newsday, Jan. 12, 2012. 766 ALBANY GOVERNMENT LAW REVIEW [Vol. 5 on the board and, with half the city's population now of Hispanic origin, will almost surely result in the first election of one or more Hispanic council members. But as Port Chester demonstrated, changing the local voting system, as distinct from the districting system, is a viable alternative. There are many alternative voting system options. With cumulative voting—the system Port Chester chose—an organized minority may concentrate its voting power in support of a preferred candidate. This solution allows the integration of all elements of the population in the course of the community's political process. Because there are no districts that require decennial adjustment, the process is faster and less expensive. Cumulative voting is responsive to effective political organization based on a range of factors—e.g. racial, ethnic, neighborhood, or ideology. And, arguments of opponents notwithstanding, with reasonable levels of education, ordinary voters are able to understand and use this voting system. Interestingly, focusing on altering the voting system, rather than the districting system, provides common ground between advocates for at-large systems and minority rights proponents. For example. Professor Lani Guinier, in her landmark law review essay entitled "No Two Seats: The Elusive Quest for Political Equality" famously advocated an alternative voting system to address vote dilution as she redefined it.'^'' She wrote that "at the local level, accountable representation focused exclusively on district-based elections ... is too narrow," and advocated for cumulative voting as an alternative "because it permits recognition of both the existence and intensity of minority voter preference and allows strategic voting to enforce reciprocal coalitions." There is substantial experience with alternative voting systems in New York. Some of it is short and unhappy, for example the adoption of proportional representation for the selection of the New York City Council between 1938 and 1949."^'^ But, as noted, counties' use of weighted voting and multi-member districts to

Lani Guinier, No Two Seats: The Elusive Quest for Political Equality, 77 Va. L. Rev. 1413, 1458-59 (1991). Id. at 1457, 1463. About the City Council, N.Y.C. COUNCIL, http;//council.nyc.gov/html/about/ history.shtml (last visited Mar. 27, 2012); See Douglas J. Amy, A Brief History of Proportional Representation in the United States, http://www.mtholyoke.edu/ acad/polit/damy/articles/Brief%20History%20of%20PR.htm (last visited Mar. 27, 2012). 2012] AT-LARGE ELECTIONS IN NEW YORK STATE 767 preserve the integrity of towns in the design of their legislatures has been both unique and enduring. New York's constitutional home rule provision makes "effective local self-government" a purpose "of the people of the state," provides that "[ejvery local government, except a county wholly included within a city, shall have a legislative body elective by the people thereof," and directs the legislature to "provide for the creation and organization of local governments in such manner as shall secure to them the rights, powers, privileges and immunities granted to them by this constitution.""^'' Pursuant to this latter directive. New York law allows villages and towns to go to referendum to alter their districting procedures.'^" But there is no provision of law directly addressing local discretion in the adoption of alternative voting procedures (though of course Port Chester was successful in doing this). There is no constitutional home rule for school districts.'"' Moreover, local options for alternatively structuring school district governance are not provided for in New York law. Yet these districts deliver the most essential local public service, and must comply with the same federal standards for fair representation, as do general-purpose local governments. Rapid downstate demographic changes, and the already-felt or likely-future effect of these changes on governance processes in general-purpose local governments, suggest that explicitly offering the opportunity for local choice on alternative districting and electoral systems for school districts as well as municipalities would be a wise and prudent approach. The discussion of the state constitutional basis for home rule highlights an important federalism issue embedded in the locus of decision for remedies in voting rights matters once a violation is found. Local government structure and process is, in general, a local/state matter in the U.S. federal system. Federal principles suggest that the involvement of the national government, which is necessary to assure compliance with the national constitution and national law, should, to the greatest degree possible, be respectful of the general preeminence of state constitutions and state law in this domain. In United States v. Port Chester, the

189 ]sj Y. Const, art. IX, §§ 1, 1(a), 2(a). 190 jsj Y elec. Law § 15-110 (McKinney 2009). Gerald Benjamin & Joshua Simons, Citizens' Committee for an Effective Constitution, EffectiveNY.ORG, http://effectiveny.org/issue/Home-RuIe (last visited Mar. 27, 2012). 768 ALBANY GOVERNMENT LAW REVIEW [Vol. 5

Federal Justice Department made a number of arguments against the adoption of cumulative voting; the court rightly found these unpersuasive, as this voting system assured effective participation by Hispanic voters and was not imposed by the court, but was preferred by the community."'^ But the predisposition of federal authorities to press into this area suggests that the legal reinforcement of New York's commitment to local choice of voting systems as well as districting systems might be salutary and important going forward. Overall, this analysis suggests that voting system alternatives, like districting alternatives, should be made generally and explicitly available to municipalities and special-purpose local governments in state law.

United States v. Vill. of Port Chester, 704 F. Supp. 2d 411, 448-53 (S.D.N.Y. 2010); See MacLeod, supra note 148, at 1686—88. MacLeod notes that the Department of Justice tried to distinguish "the approximately sixty jurisdictions where cumulative voting had been implemented as a cure" as "mostly located in Texas and other areas in the South, and applied mostly to school boards." Id. at 1687. This is interesting in light of the universal use of at-large elections for school hoards in New York State. References

Mayor Randy Casale, City of Beacon, 845 838 5011. mavor@,citvofbeacon.org

Project: Beacon Charter Commission (2017) Funded by City. Recommended longer staggered terms for at-large council members - rejected by Council

Council Member Karen Mejia, City of Newburgh, 845 569 7342, kmeiia@,citvofnewburgh-nv.eov

Project: Newburgh Charter Commission (2011) Funded by New York State. Recommended mixed at large/district system for council - adopted at referendum