Ways to set up districts at center of debate on county charter proposal

ALBANY COUNTY — On Election Day, Nov. 3, in addition selecting political candidates, voters will decide whether to pass a revised county charter.

County Executive Daniel McCoy did not sign the changes drafted to the county charter forcing a public vote.

McCoy told The Enterprise last week that the Charter Review Commission chaired by Hank Greenberg, over 15 months, “made a lot of recommendations; a lot needed to be changed.” But, he said, when the county legislature “changing everything, it lost its independence.”

Patrick Jeffers, the majority counsel for the Albany County Legislature, said “A lot of the provisions in it are carried over; it’s not like it’s being made up from scratch.”

The revised charter would “allow for a reduction in the number of single-member legislative districts,” to not less than 29 and not more than 39.

Currently, with 39 districts, the Albany County Legislature has the lowest ratio in the state of residents to representatives.

The revised charter reads: “The number of legislative districts would be decided by a majority of the entire County Legislature.”

McCoy did not sign the charter because it would allow for the legislators to decide on the size of the legislature rather than having an external committee do it.

Others oppose this measure as well.

The Albany County League of Women Voters, which had supported the recommendations from Greenberg’s commission, wrote a letter to the Enterprise editor this week, urging voters to say no to the charter because, “The Albany County Legislature is the largest in the state…we support them lowering their number, but the proposed charter lets the legislators decide on their size.

“We need an independent, non-partisan, and inclusive redistricting commission,” the letter continued.

Earlier this month, county legislators and legislative candidates announced the formation of a Democratic Reform Coalition for the Albany County Legislature “To push a slate of common sense reforms to bring transparence and integrity to governance in the county legislature.”

The coalition listed a number of policy proposals it would make when the new term begins in January 2016, and it included an amendment to the charter to “create a non-partisan, Independent Redistricting Committee.”

Jeffers said the legislative districts must be redrawn every 10 years based on the newest federal census.

The last redistricting resulted in a costly lawsuit, seeking fair minority representation, which the county lost.

The revised charter states a “Commission on Reapportionment” will be established by the legislature, consisting of seven members who are county residents, two of which will be appointment by the majority leader, two appointed by the minority leader, and the final three appointed by the initial four members.

“This is a change from the way the committee has been picked in the past, it would be more balanced and more bipartisan,” said Jeffers. “The legislature would appoint a committee that reflects the diverse population of the county.”

Many still, however, feel an entirely independent redistricting committee is necessary.

“Our legislators need to start over with a new charter that provides independent citizen input for these major decisions,” said the League of Women Voters letter.

Republican Mark Grimm, running to represent the 29th District, said leaving the decision up to the legislators would be “like putting the wolves in charge of the hen house.”

His opponent, Democrat David Cardona, said, at the very least, the legislature should have an independent study done that would make a recommendation on redistricting and said he would support reducing the number of the legislators even if it meant losing his spot.

Democrat Bryan Clenahan, running unopposed for his third term representing the 30th District, said, while he supports the revised charter, on balance, he was “disappointed there wasn’t a provision made for a non-partisan redistricting panel,” and he will push for that in the next term.

Other provisions set for in the revised charter include a change in the number of days allowed to appoint a successor for the office of county executive in case of a vacancy. The previous charter allowed 45 days for an appointment and the revised charter allows 30.  If no appointment is made within 30 days, a special election will be held.

“The only thing that changed there is the number of days,” said Jeffers. “So, ideally, you might have someone appointed more quickly.”

The revised charter also creates an administrative code “organizing the administration of county government and containing all local laws and ordinances...it would be the responsibility of the county clerk to compile, publish, and disseminate the administrative code.”

“This was in the prior charter, but there was no one person designated to compile and distribute it,” said Jeffers. “The county clerk is actually in the process of doing that right now.”

Lastly, the revised charter would create an article regarding the Crime Victim and Sexual Violence Center, which was formalized in 2001, but has never been recognized in the charter as a permanent county department. (See related editorial.)

“This would make it an official charter department rather than having it be a decision each year whether to fund it,” said Jeffers.

Clenahan said it was his suggestion to put the center into the revised charter.

“If we don’t do this any future executive or legislature could do away with it or cut services,” said Clenahan. He said if the charter doesn’t pass he will reintroduce an amendment to make the center permanent once the new term starts.

Voters will have the opportunity to vote yes or no on the revised charter at the polls on Nov. 3.

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