New York City voters will have the opportunity in November to restore a law that will cap elected officials' service at two consecutive four-year terms, but if they choose that option their decision will not fully take effect until 2021, a city panel decided Monday night.
Amid swirling controversy, the Charter Revision Commission voted to approve a so-called grandfather clause that allows all incumbents to serve a maximum of three four-year terms, even if the electorate decides on Nov. 2 to restore a cap on two terms.
On the City Council, 32 of the 51 members are eligible to serve a third term and will benefit from the decision. Two newly elected citywide officials—Public Advocate Bill de Blasio and Comptroller John Liu—and two borough presidents—Scott Stringer of Manhattan and Ruben Diaz Jr. of the Bronx—also stand to benefit.
Members of the commission, a 15-member panel appointed by Mayor Michael Bloomberg, were bitterly divided on this issue of providing special dispensation to incumbents. The panel attempted twice Monday night to approve an alternative effective date for the term-limits measure, but those motions failed to win a majority of votes.
Anthony Perez Cassino, a commission member who believed the will of the voters should be effective immediately, said the grandfathering of all incumbents is a "disservice" to the public to "make it so far into the future."
Stephen Fiala, a commissioner who supported the grandfathering clause, called the move a "thoughtful and balanced solution."
But many members of the public, who addressed the commission prior to the vote, voiced disdain for placing the effective date of the voters' decision so far into the future.
The public is "outraged by what's being done," said Henry Stern, a former city parks commissioner. "You are wronging the people of the city of New York."
Several commission members acknowledged in their remarks that it was a difficult decision. Commission Chairman Matt Goldstein said the panel wasn't going to "solve" the term-limits issue, but he urged all the members to vote with "integrity."
The commission considered and ultimately approved two yes or no questions to be placed on the Nov. 2 ballot.
The first question asks voters whether they want to restore the cap on term-limits to two consecutive four-year terms—while protecting incumbents' ability to serve three terms—and a provision that would prohibit the council from altering the term-limits law in the future in any way that affects incumbents.
The second question asks voters to decide on a slew of other issues, including campaign eligibility requirements, conflicts of interest, zoning procedures and more.
Hope Cohen, a member of the commission, said she is disappointed so many issues are being bundled together, a result of the new electronic voting machines that make their debut in the city next month.
"When you get 10 different subjects bundled together, there is a good possibility that you will like various items and not like various items," Ms. Cohen said in an interview. "It's unfortunate."
The marquee issue on the ballot this fall will be the question on term limits. In 2008, Mr. Bloomberg persuaded the City Council to overturn a law capping elected officials service at two consecutive four-year terms, paving the way for his successful bid for a third term in the fall of 2009. Voters approved a two-term cap in two referendums in the 1990s.
The mayor's and council's decision to overturn the law in 2008 fueled widespread voter anger, with some political observers saying it contributed to Mr. Bloomberg's narrow margin of victory a year later.
Other issues expected to be placed on the ballot include: require public disclosure of expenditures made by entities and individuals independent from candidates to influence the outcome of a city election or referendum; reduce the number of petition signatures needed by candidates for city elective office to appear on a ballot; merge voter assistance functions, including a reconstituted Voter Assistance Advisory Committee, into the Campaign Finance Board; and change when Campaign Finance Board member terms begin.
