P A N E L
  
  LEWIS HOPPE
  Co-Executive Director
  
  ROMAN B. HEDGES
  Member
  
  CHRIS ORTLOFF
  Assemblyman
  
  WILLIAM PARMENT
  Assemblyman
  Co-Chairman
  
  SENATOR DEAN SKELOS
  Co-Chairman
  
  MARK BONILLA
  Member
  
  SENATOR RICHARD DOLLINGER
  Member
  
  DEBRA LEVINE
  Co-Executive Director
  
  
  
  
  
  
  LIST OF SPEAKERS

                              
  FRANK LEWIS                               

  RABBI DAVID NIEDERMAN                     

  MARGARET FUNG                        

  JONATHAN BING                        

  FRANZ LEICHTER                       

  MICHAEL LANDAU                       

  DANIEL MAIO                               

  SUSAN CHULENGARIAN-TIROTTA                

  MONIQUE DENONCIN                          

  BATYA LEWTON                              

  SHIRLEY FINEMAN                           

  JOEL KAPLAN                               

  SHIRLEY PETERSON                          

  JANAI NELSON                              

  DALIA SOTO                                

  LEE KYRIACOU                             

  HECTOR RODRIGUEZ                          

  FAYE LEVINE                              

  JOE HASLIP                                

  MARK TREYGER                              

  FIRA STUKELMAN                      

  PHYLLIS GUNTHER                           

  MAYRA LINARES                       

  ANGEL LAPAZ                               

  MIMI MINIE                                

  SIDNEY SCHATZMAN                          

  DON LEE                              

  RABBI CHAIM A. WALDMAN                    

  RAMON BODDEN                              

  HARRY STEINER                       

  GUILLERMO LINARES                         

  ESMERALDA SIMMONS                         

  CARLOS VARGAS                       

  MARVIN COTTON                     

  KAY ROBERTS DUNHAM                 

  KEN DIAMONDSTONE                        

  MARC LANDIS                            

  ROY WASSERMAN                       

  SEAN SWEENEY                             

  STEVE STRAUSS                       

  MICHELLE SCOTT                      

  MARGERET HUGHES                         

  MARISOL ALCANTARA                       

  RAQUEL BATISTA                      

  EDUVIGIS FRIAS                      

  GNECIA RIVAS                             

  ALTAGRACIA CEPIN                         

  RAYSA CATILLO                      

  JAVIER ZAVALA                       

  VICTOR BERNACE                    

  ALAN FLACKS                              

  PETER LAU                           

  PAUL WOOTEN                            

  SAVONA BAILEY McCLAIN   
  
                  

          SENATOR SKELOS: My name is State Senator Dean

  Skelos. I am the co-chair of the New York State

  Legislative Task Force on Demographic Research and

  Reapportionment.

          The purpose of this hearing today is to listen to

  you the public about the proposed and I underline the

  word proposed lines that have been made public for your

  review. We have had approximately five or six hearings so

  far throughout the state. We will be having a hearing on

  Long Island on Monday and a hearing in Albany on Tuesday.

  Then we will take your testimony, review it and I am sure

  throughout the state there will be certain changes made

  based on that testimony. Again the task force has not had

  a formal vote on any aspect of this plan.

          What we will do when we come up with final lines,

  we will then have a formal meeting of the task force,

  vote yes or no on the proposed lines. If the vote is yes

  the proposed lines will be put in bill form and sent to

  the entire legislature for their review.  Basically the

  legislature will vote yes or no as they do on other

  pieces of legislation. If it’s approved it will go to the

  Governor for his signature or veto. If he signs it then

  it will be sent to the justice department for their pre-

  clearance and review.

          I am delighted to have all of you here today. I

  would ask that we keep testimony to five minutes or

  under. If you wish to submit testimony that will have the

  same weight as oral testimony. We have right now at least

  70 witnesses so we would ask that you keep it to five

  minutes as we have had elsewhere so that everybody will

  have the opportunity to be heard. The task force will be

  here as long as everyone who is here, if there is anyone

  here who wishes to testify.  The five minutes rule is

  more for your convenience than for our convenience. My co-

  chair is Assemblyman William Parment.

          ASSEMBLYMAN PARMENT: Welcome. This is about the

  twentieth public hearing I believe that we’ve held on

  this topic throughout this state. The sixth public

  hearing since we presented plans as I believe. We will

  have two additional hearings on these proposed plans. One

  in Long Island and one in Albany next week.  We hope to

  then bring a plan to the full Commission Task Force as

  the Senator indicated for a vote and make a

  recommendation to the full legislature. We are looking

  forward to your testimony. It’s nice to be with you here

  in Manhattan.

          SENATOR SKELOS: Thank you.  A member of the task

  force Senator Richard Dollinger. Senator Dollinger.

          SENATOR DOLLINGER: Thank you very much Senator

  Skelos. I am Richard Dollinger. I am a State Senator from

  Rochester. As everyone as both Senator Skelos and

  Assemblyman Parment have noted this is about the

  twentieth hearing we’ve had on this topic. The purpose of

  today is just for us to listen and get a response to the

  lines that have been proposed by the chairs.

          I just want to emphasize as Senator Skelos did

  that there has been no task force vote on this plan as of

  yet. None of the six of us, not one of the six of us have

  cast a yah or nay vote.

          This is a proposal that by statute emanates from

  the two chairs who offered this proposal to the task

  force. The vote of the task force and certainly the vote

  of the full legislature and eventually a signature from

  the Governor all are in the future. This is your

  opportunity to respond to the proposals that are on the

  table. Give us some additional thoughts. Things that

  might have been missed. Things that need to be corrected.

  I look forward to the testimony. Senator Skelos.

          SENATOR SKELOS: Senator Dollinger. Also a member

  of the task force is Assemblyman Chris Ortloff.

          ASSEMBLYMAN ORTLOFF:  Thank you Senator Skelos

  and my colleagues. This is a public hearing and we want

  to hear from you. I am Assemblyman Chris Ortloff. I come

  from just about as far north as you can get without

  becoming a Canadian. I live in Plattsburgh. The upstate

  region is near and dear to my heart. Towns like

  Walensburg and Essex County.

          The only thing that I would like to add to what

  you already know looking at the maps, is that for the

  past six to ten months we have heard often at these

  public hearings sometimes in the public press and the

  media about the census and the gain in population in the

  city of New York. First of all I think the administration

  of the city and the census volunteers back in 1999 and

  leading up to 2000 deserve a gold medal. There is no city

  in the country that found more unlisted addresses prior

  to the census than did New York.  As a result of which

  your enumerated population in 2000 jumped by almost a

  million people. That’s impressive. Clearly those people

  were there prior.

          However, the city was not the only part of New

  York State to gain population. Upstate also gained. Not

  as much, Long Island also gained. Not as much.

          The misconception that I would like to address

  briefly before we begin is that because of the impressive

  work on the census that the City of New York is entitled

  to all the new seats in congress, in the Senate and in

  the Assembly.

          Over on the wall here, I hope all of you can see

  it. The pillar may be in the way. Are the actual census

  figures for the three recognized regions of the state?

  The higher number, 8,214,000 is the population of the 55

  counties north Westchester and north. The middle number

  8,800,000 is the population of the five counties of New

  York City.  The 2,750,000 is the population of Nassau and

  Suffolk taken together. Next to them in red or blue are

  the appropriate numbers of Assembly seats that go with

  those populations.

          As we deliberate today you will note that the

  Assembly majority in their draft plan has actually

  apportioned to more seats to the City of New York 65 of

  the 63 to which the city is nominally entitled. I just

  want to throw that out for all to see right now and

  hopefully bear in mind.

          Upstate has had New York City in it’s heart and

  in it’s prayers for the last six months. We have given

  blood. We have given money. We have given prayers in

  grateful consideration to your sacrifices. The people

  that I represent have asked me to represent to you please

  don’t take all of our Assembly seats away from us. We

  deserve better treatment than that. Thank you.

          SENATOR SKELOS: Thank you. Also a member of the

  task force, a new member of the task force is Mark

  Bonilla.

          MR. BONILLA: Good morning ladies and gentlemen.

  My name is Mark Bonilla. I am a practicing attorney. I

  have been practicing just short of ten years.  I practice

  in virtually every area of the law ranging from criminal

  law to personal injury, landlord tenant and the like. As

  the Senator mentioned I am the newest member. My

  background is my parents are both from, born and raised

  in Puerto Rico. I have been in New York State all my

  life. I am delighted to be here. More importantly I am

  delighted that this Senate majority has chosen to point a

  minority to this task force and has recognized the need

  for diversity on this task force and in this process. I

  am anxious to be here in taking your suggestions and your

  concerns.  Thank you.

          SENATOR SKELOS: Another member of the task force

  is Roman Hedges.

          MR. HEDGES: It’s very nice to be here with you. I

  look forward to hearing from you over the course of the

  day today.  It’s good to see both familiar and new faces

  here.  As I said I look forward to hearing from you.

          SENATOR SKELOS: Thank you very much. Again as I

  mentioned we have seventy witnesses as of now and that

  list will grow so if we can keep it to five minutes it

  will be appreciated by all in attendance. Our first

  witness is Frank Lewis.

          MR. LEWIS: Good morning. My name is Frank Lewis

  and I am here today to comment about the redistricting

  process itself and the results of that process so far.

          Ten months ago I appeared before this

  distinguished body during the first round of hearings for

  the districting process. At that time I made several

  recommendations regarding the process of public input for

  the redistricting exercise based upon my previous

  experience of public outreach, input, evaluation and

  utilization with the New York State, City and county

  districting processes throughout the past twenty years.

  Some of these recommendations have been adopted. Some

  have not.

          The education and outreach of this body has not

  measured up to the historic standards set by the 1990 to

  1991 New York City districting commission which I work

  for. To be fair I know that this body has had to deal

  with the once in a lifetime cataclysmic event that took

  place literally in it’s backyard on 9/11. However, even

  allowing for this context there are still some actions

  that could have been taken that would have made a

  difference.

          For starters the publicity effort for this round

  of hearings and the public input process was willfully

  inadequate. I only came across the announcement in the

  public media on page 50 of the New York Sunday Daily News

  and only because my mother pointed it out to me.

          More importantly the scheduling of this current

  round of hearings is a clear regressive step back from

  the general evolution towards more public input in the

  redistricting process. By scheduling all hearings during

  the working hours you are placing a clear burden on

  citizens who wish to practice democracy.

          On a personal level my being present here today

  is at a personal cost. Due to my battling ailments for

  diabetes in recent months I have been forced to use up

  all of my paid compensation time at work. Any time I take

  off from work at this point is without pay. This is why I

  will be forced to leave right after my testimony. If this

  hearing was held after 5:00 in the afternoon it would not

  have been a burden. From my personal perspective this is

  a small cost to pay for democracy. However, I realize

  that not everyone could make the sacrifice I made.  The

  practice of democracy should not be treated as a

  privilege with a price tag. It should be and is a God

  given right.

          The task force has done an invaluable service by

  making the PO94 Census Tiger Data and a Vote and

  Enrollment Data files available from their website and

  for free. However in order for the public to truly

  evaluate the recently released plans of both houses, one

  or both of the following should have and still can be

  done.

          Create one.   Creation of party membership files

  of the proposed districts along with actual votes from

  key recent statewide elections, Gubernatorial and Senate.

          Two. Release of the census block to district

  assignment listing files for both proposed plans.

          Doing this will allow the public to evaluate the

  GO political dynamics of each plan. Grant it this is

  something that some politicians may feel uncomfortable

  doing. But this is a type of information, this type of

  information will inevitably make it’s way into the

  accessible public domain. Many times from a political

  point of view it is wiser to ride an inevitable wave than

  fight against it. In this case it happens to be a wave

  propelled by the continuing evolution of our living and

  breathing democracy. By not having this additional data

  available to the public for evaluation it is like giving

  someone a car to drive without the steering wheel.

  Democracy deserves a better ride.

          Now let me turn to the results that have come out

  of this process so far.  First in the case of the

  Assembly I will look at the proposed plan through the

  prism of African American community representation. On

  the whole the plan maintains a progress that has been

  made in the representation of the community with an

  estate legislature of the past decade.

          However, it is in the Assembly plan that we

  submitted to that fall, we demonstrated how a new

  district can be created in the southern region of

  Brooklyn based upon unification of a community of

  interest in the Canarsie, Flatbush, Flatlands area.

          As far as the state Senate plan is concerned

  there are several troubling issues associated with it.

  First the assumption of a 62 seat Senate is questionable

  at best.  In addition the process of informing the public

  of this change in the assumption was a badly flawed one

  that flies in the face of the progressive movement over

  the last several years towards public access and input

  into the districting process.  The time to inform the

  public of a change such as this is not on the day of the

  proposed plan release but well before hand.

          In addition there is a serious question as to why

  this change wasn’t forwarded to the justice department

  for approval.

          Second, it is obvious from looking at all the

  population deviation of the districts that a conscious

  effort was made to set all New York City districts above

  the mean districts size and the upstate districts below

  the mean district size. What bothers me is that this is

  the latest manifestation of a foolish, regressive and

  repressive vendetta that upstate leaders have had towards

  New York City since the early days of our country. The

  only difference compared to the last century is that

  instead of Irish, Italians and Jews being looked down

  upon it’s blacks, Latinos and Asians. The task force

  needs to be aware of its historic role whether they can

  appreciate it or not.

          When I worked for the New York City Districting

  Commission I attended several hearings and heard the song

  of democracy alive and well.  Yes it may have been sung

  in keys that may be different from those of a hundred

  years ago. But there can be no doubt that the spirit and

  the hunger of the latest wave of immigrants that

  rejuvenate our city is just as strong. It is the task

  force historic duty to recognize this.

          To that end the state Senate plan fails to take

  advantage of the possibilities outlined in alternatives

  that the majority coalition of redistricting

  professionals, Latino Voting Rights Committee, et al.

  have endorsed. Particularly the possibility of a

  Dominican majority district in the Bronx Manhattan.

  Within this all alternative the districts that were drawn

  are just as viable as those within the proposed Senate

  plan in addition to being more compact.

          Furthermore, by increasing the Senate size there

  is a dilution effect on representation of people of

  color. Our alternative plan shows that you can draw as

  many and better black districts and more Latino districts

  within a 61 seat frame work.  Because the task force has

  failed to make available the assignment listing file for

  it’s plan, there is no way that anyone in the public can

  evaluate the proposed plan using a voter enrollment data

  made available.

          However in this sense District 21 is suspect from

  my semi-intuitive prospective.  This area of Brooklyn

  contains a significant amount of variation along the

  dimensions of voting age, U.S. citizen population as well

  as its registration rate.  Frankly speaking on a racial

  geographic historic basis the differences are stark.

          Finally I would just like to say that the

  numbering sequence in Brooklyn is rather awkward

  particularly going from 22 to 25 between Brooklyn and

  State Island.  It can only be a source of confusion and

  impede the process of public input.

          Thank you very much and if you excuse me I have

  to go back to work.

          SENATOR SKELOS: Thank you. The next witness is –-

  Debra you wanted to mention something I believe?

          MS. LEVINE: Frank just in response to your

  statement. The track block assignment list for all

  proposed districts have been released and there have been

  people who have come in and requested it and we’ve gladly

  given it to them. So if you would like and you have time

  –-

          MR. LEWIS: It’s on the website right now?

          MS. LEVINE: Can you download, you can download

  the districts. I’m sorry I’m not sure. I know you can

  download the districts. Frank if you would like we’ll

  make sure we get out the CD Rom to you today. Or you can

  go upstairs and pick it up.

          SENATOR SKELOS: I wish to point out that in terms

  of advertising the hearing, the task force spent

  approximately $145,000. We’ve advertised in the New York

  Daily News, the World Journal, the Caribe News, the

  Journal News, the New York Post, the New York Times, Sin

  Town Newspaper, Staten Island Advance, Amsterdam News,

  Korean Times, Oye --

          MS. LEVINE: A Hispanic newspaper for those who

  don’t know.

          SENATOR SKELOS: Korean Central Daily News, El

  Diadio Newsday and the Observer. I should also point out,

  unfortunately Mr. Lewis left, that his criticism of the

  Senate majority and upstate leaders I would point out

  that Senator Bruno has appointed the only minority member

  of this task force, Mr. Bonilla.  His parents as he

  mentioned are from Puerto Rico. If we want to go back in

  history Warren Anderson who was the majority leader when

  New York City was facing it’s bankruptcy it was the

  Senate majority that joined in to make sure that New York

  City was bailed out at that time to get back on their

  feet.

          Our next witness is Rabbi David Niederman, United

  Jewish Organization of Williamsburg.  Good morning Rabbi.

          RABBI NIEDERMAN:  Good morning distinguished co-

  chairs and members of the task force, New York State

  Legislative Task Force for Reapportionment. I appear

  before you as a representative of the Jewish Community of

  Williamsburg as well as a concerned citizen. My name is,

  as stated before, Rabbi David Niederman.

          I am the President of the United Jewish

  Organizations of Williamsburg which represents

  approximately 40,000 Jewish residents in south

  Williamsburg. Our organization is a non-profit

  organization which assists, provides direct services to

  people who have no other means and depend on social

  services. It also advocates for policy changes beneficial

  to the community and the city as a whole.

          I appreciate the fact that we have this

  opportunity to talk.  As a child of immigrants I say only

  in America can we really have a chance to speak to the

  body who make the laws and are ready and happy to hear

  what we have to say.

          I should say that the proposed changes troubles

  us very much. Our ties to the east side goes back many

  years ago. When my father of blessed memory and my mother

  came to the United States after fleeing the Holocaust and

  losing three siblings, it was the Jewish community of the

  east side that embraced us. It was the Jewish community

  of the east side that helped us. My parents and

  thousands, ten of thousands of others to help to them to

  establish their lives in New York.

          It’s from there that some of them migrated as we

  have done to Williamsburg, others to different parts of

  the city. However, we still have family and our roots are

  still together. We share not only the fact that we have

  families on both sides of the East River, but we share

  our religious beliefs. Our traditional adherence to the

  religious and cultural values.

          More than that our bond has strengthened also on

  civic, when we work together on civic issues. We were

  both threatened with the humongous proposed incinerator

  that would have been a tragic mistake and would have been

  detrimental to our children. Thank God my grandchildren

  that I do have today. It was our combined efforts,

  Williamsburg and the lower East Side that were both

  threatened by the proposed incinerator. Because if that

  would have happened the taxi commissions would have

  reached both of our communities. It is that ties that

  have resulted that that incinerator was not built. And

  that we now, we and the great community on both sides can

  breath some fresh air.

          We for the past decade, we have been represented

  by Senator Connor.  Senator Connor has been sensitive to

  our collective voices as one community of interest. And

  we are extremely concerned that that should be diluted.

  We know that the various forces and in different

  directions.  Limited resources different.  Special

  interest and different interests in general.

          So if we stay together as a community we believe

  we will prosper and we will continue to be able to raise

  our children and children’s communities as healthy

  American citizens contributing to the city as a whole.

          Thank you.

          SENATOR SKELOS: Any questions?  Thank you Rabbi.

  Have a good Sabbath.

          ASSEMBLYMAN ORTLOFF: My only question Mr.

  Chairman is can I have that to use as an alarm clock?

          SENATOR SKELOS: Margaret Fung.

          MR. FUNG:  Good morning my name is Margaret Fung.

  I am Executive Director of the Asian American Legal

  Defense and Education Fund.  AALDEF is a 28 year old

  organization that protects the civil rights of Asian

  Americans through litigation, advocacy and community

  education. In the area of voting rights we worked on such

  issues as the enforcement of the Voting Rights Act,

  bilingual ballots, electoral reform, anti-Asian voter

  discrimination and redistricting.

          On March 13 at the task force hearing in Queens

  our staff attorney Glenn Magpantay presented our analysis

  of the proposed State Assembly and State Senate

  redistricting plans and their impact on Asian Americans.

  Our testimony focused on how the proposed Senate district

  plan dilutes the voting strength of Asian Americans and

  other minority voters because it systematically places

  overpopulated districts in New York City where

  communities of color are concentrated. In addition our

  statement summarized the areas in which Asian American

  communities with common interests have been divided among

  two or more legislative districts.

          We presented to the task force a copy of our

  study in which the commission Dr. Tarry Hum of Queens

  College to interview more than 450 community residents in

  several different Asian languages about the common issues

  and concerns that they faced in their neighborhoods. It’s

  on the basis of that study that we are making certain

  recommendations.

          First of all we do commend the task force for

  recognizing that the fast growing population in Flushing

  Queens constitutes a community of interest and will now

  permit Asian Americans to have a fair opportunity to

  elect candidates of their choice in District 22.

          Unfortunately the Asian American community in

  Flushing continues to be divided between two Senate

  districts District 11 and District 16. While this is

  obviously an improvement over the current split of this

  Flushing community among four Senate districts we urge

  the task force to take a closer look at these proposed

  districts and their effects on Asian Americans.

          In Manhattan’s Chinatown we urge that a small

  adjustment to be made in the proposed Assembly district

  so that Chinatown can be kept whole. We note in

  particular that the Chinese American population has been

  growing to the north and to the east of the core

  Chinatown area.  The change that they’re proposing to

  Assembly District 64 is to move the western boundary at

  Lafayette Street a few blocks east of Broadway. And to

  remove some of the blocks from the northern boundary of

  the district above Houston Street.  We will be submitting

  a block assignment list and the specifics of that

  proposal to you.

          In terms of the Senate district, proposed Senate

  district 27, in Manhattan we believe that it does keep

  Chinatown and the lower east side with a single district

  and is an improvement over the current district lines

  that split Chinatown between Districts 25 and 27.

          In Elmhurst and Jackson Heights Queens, we

  actually endorse the plan that ahs been submitted by the

  Latino Voting Rights Committee and the Puerto Rican Legal

  Defense Fund. The community here in Elmhurst and in

  Jackson Heights is a mix of Chinese, Filipinos, South

  Asian and some Koreans. Many of them share common

  concerns with Latinos on immigration issues, language

  access to services and education.

          In the district proposed by the Latino Voting

  Rights Committee there is an alternative plan that would

  include another Assembly district in Queens with a large

  Latino population around 42%, a large Asian population

  35% in Elmhurst and Woodside. We thing this would reflect

  the shared concerns and common needs of the Asian

  American and Latino communities.

          Similarly in Sunset Park we endorse the Latino

  Voting Rights Committee Plan in Brooklyn for the

  Assembly. Right now we do note that Sunset Park residents

  believed that they shared much in common with the Latino

  population. Sunset Park is divided between Assembly

  districts 51 and 48. We hope that the task force will do

  it’s best to keep Sunset Park whole.

          We have submitted other written remarks to you

  and we will be glad to work with you in the future to

  assure that Asian Americans receive meaningful

  representation here in New York City.

          Thank you very much.

          SENATOR SKELOS: Thank you very much for your

  testimony. Are there any questions?  David Galarza from

  the Latino Voting Rights Committee.  Guillermo Linares

  former Councilman. Jonathan Bing, Democratic State

  Committeeman 73rd A.D.

           ME. BING:  Good morning. My name is Jonathan

  Bing and I am the New York State Democratic Committeeman

  for the 73rd Assembly District on Manhattan’s East Side.

  I thank the New York State Legislative Task Force on

  Demographic Research and Reapportionment for the

  opportunity today to speak on the proposed redistricting

  of the 73rd A.D.  I would also like to thank the Assembly

  members from districts neighboring the 73rd, Adam Clayton

  Powell IV, Pete Grannis, Steve Sanders and Dick Gottfried

  and their staffs for the time they have devoted to

  discussing these redistricting issues with me, and

  further acknowledge the efforts of 73rd A.D. District

  Leaders, Arthur Schiff and Larry Rosenstock for their

  efforts in protecting the interests of the 44,000

  constituents whom I currently represent in the

  redistricting process.

          Today I expect the task force will receive

  requests from many concerned citizens to alter the

  district lines that affect them.  I am however not here

  to make a request of that nature. Instead I commend the

  task force for the new district lines it has drawn for

  the 73rd A.D. and ask that the lines be accepted as they

  are currently proposed.

          My family has lived in what is currently

  designated as the 73rd A.D. for over 40 years. My late

  grandparents raised my father on 58th and Park. I was

  raised on 85th and Madison. My parents now live on 83rd

  and Park and I currently reside at 47th and Third.  Along

  with serving as State Committeeman I am also a member of

  Community Board 6, chair of CB’s Human Services Committee

  and a director of the Turtle Bay Association.  Thus, I

  care about this district deeply.

          The 73rd A.D. unifies groups of citizens from

  Turtle Bay and Sutton Place to Carnegie Hill who work

  very hard to make their neighborhood safe and clean and

  who tirelessly struggle to preserve the balance between

  economic development and historic and neighborhood

  preservation.  Further, the District follows the natural

  daily patterns of many of its residents who live in the

  Northern part of the 73rd A.D. on the Upper East Side and

  work in Midtown in the East 40’s and East 50’s.

          The proposed district lines improve the current

  district by making the 73rd A.D.’s population more

  diverse. In fact, the proposed lines increase the

  percentages of African-American, Hispanic, and Asian

  voters in the district.  Further, the proposed lines make

  the 73rd A.D. more economically diverse by adding

  residential buildings such as Ruppert-Yorkville Towers

  and the Isaacs Houses to the District.  The task force’s

  proposed new lines for the 73rd A.D. are not only

  reasonable but they broaden the constituency in a manner

  that will benefit those who reside in the district and

  the elected officials who currently represent these

  residents.

          In closing, while this topic is not before the

  task force at today’s hearing, I wish to add briefly

  that the residents of the 73rd A.D. benefit greatly by

  being represented solely in Washington by one member of

  the U.S. House of Representatives, Fourteenth

  Congressional District Representative Carolyn Maloney.

  The Assembly District has traditionally been represented

  by one member of Congress and the proposed district lines

  in fact strengthen the unity of interest of the 14th C.D.

  by adding not only residents of buildings such as the

  Isaacs Houses who need a strong voice in Washington but

  also Representative Maloney’s local district office to

  the 73rd A.D.

          Thank you again for the opportunity to testify

  today with regard to the 73rd Assembly District.

          SENATOR SKELOS: Thank you very much. Are there

  any questions?  Nelson Castro, Northern Manhattan

  Democrats for Change. Is Mr. Castro here?  Esmeralda

  Simmons, Center for Law and Social Justice. Is she here?

  Former Senator Franz Leichter.

          ME. LEICHTER:  Good morning. It’s a pleasure

  always to see some of my former colleagues.  I wanted to

  testify today. One I have an abiding interest in

  reapportionment since I still bear the scars of two

  reapportionments that obliterated districts I represented

  and coincidentally put my residence one block outside of

  the district I was most likely to run in. Maybe I should

  have taken the message. I can only say now that I am out

  of public office. I wonder why I fought so hard to stay

  in.  But I did enjoy my years in the legislature and my

  service with all of you.

          I am concerned about some aspects of the

  reapportionment plan and that’s really why I am here

  because it affects an area that I represented and that’s

  the west side of Manhattan and Morning Side Heights.  As

  I look at the proposed 31st Senatorial District it really

  seems that what it has done is take a traditional

  coherent community the west side and Morningside Heights

  and it sliced it, it diced it, it minced it. Frankly it

  mutilated it.  It now finds that it’s in three different

  Senatorial Districts.  I think that is unfortunate. I

  think it’s a real disadvantage to that community I think

  it fails to meet the standards that are generally

  applicable to reapportionment of compact, contiguous and

  protective of community of interest.

          Also having represented northern Manhattan I want

  to point out that that area is also sliced up. It

  unfortunately has been really since the 1982

  reapportionment. Originally I represented all of northern

  Manhattan. That should be one district.  Over many, many

  years prior to 1980 it was. I think the difficulty as you

  look at the Senate lines is that by creating a strange

  district, the 34th Senatorial Districts, you have had to

  short change other communities in northern Manhattan

  which is a predominately Latino community. Mainly

  Dominican.  Should be and could be created into one

  senatorial district.

          Unfortunately I realize we are dealing with a

  process which is fatally flawed.  To have the legislature

  do the reapportionment is not a way that we are going to

  get anything else incumbent protection both on the Senate

  and the Assembly side. Which of course we have in the

  plans that are before us. I appreciate at this point the

  legislature under the constitution must do the

  reapportionment. But hey guy s I know it’s a big feast

  for both the Assembly and the Senate but try to show some

  restraint.

          In all seriousness I think there is no more

  virtue in the Assembly plan that there is in the Senate.

  Let me put it another way, no more vice. I appreciate

  what Assemblyman Ortloff said. It seems to me really that

  the people of the state of New York are being short

  changed by this process and by these lines.  Let me say I

  have had many years of serving with Senator Skelos and I

  don’t think I ever convinced him and I am not sure I am

  going to this time but hey you never know.

          SENATOR SKELOS: Thank you very much Franz.  It’s

  great to see you.  Any questions?

          SENATOR DOLLINGER: Just one comment.

          SENATOR SKELOS: The first time Franz that you

  have been under the limit.

          MR. LEICHTER: I am amazed myself.

          SENATOR DOLLINGER: Don’t worry Franz I talk over

  the limit al the time up there. I just want to say I

  think the west side has been able if not superbly

  represented for the last three years by Senator Eric

  Schneiderman. But for the 25 years before that there was

  no finer voice in the New York State Senate than that of

  my friend Franz Leichter.

          SENATOR SKELOS: Carlos Vargas, East Harlem Common

  Ground.  Jackson L-E-D-D-S.  Marvin Cotton, BTA School

  District 110. Larry Sauer, Community School Board 3.

  Michael Landau.

          MR. LANDAU:  Good morning distinguished members

  of the commission. My name is Michael Landau. I am the

  chairman of the Council of Orthodox Jewish Organizations

  of the west side also known as West Side COJO. We are an

  umbrella organization representing the interests of over

  20 local schools, synagogues and social service groups.

  I appreciate the opportunity to speak before you this

  morning.

          Amongst its various activities the West Side COJO

  represents the interests of our members with regards to

  issues that relate to the many administrative,

  legislative, and executive agencies that affect the well

  being of our constituents.

          The overwhelming majority of our members are

  located between the upper 60’s to the lower 100’s and

  from Central Park West to Riverside Drive. Predominately

  within the 31st Senatorial District.

          The West Side COJO is very unique, in that we

  have been able to create and maintain a coalition of all

  the Orthodox Jews in our neighborhood ranging from the

  Ultra-Orthodox to the modern Orthodox as well as being an

  integral component of the social and political makeup in

  the overall upper West Side community.

          One of the reasons for our success is the very

  nature and historical social fabric that has given the

  west side such a venerable and envied reputation, as one

  of the most desirable places to live in New York. I

  believe that one of the key ingredients that has created

  and sustained such a cohesive community has been the

  consistent and clear political representation that has

  always defined our neighborhood.

          The ability for any community to continue to grow

  and flourish is undoubtedly a function of its leadership.

  The upper west side’s unique, complicated and sometimes

  fragile social and economic fabric requires the dedicated

  attention of people whose past, present and future are as

  intertwined and involved as that of the people who reside

  within.

          We believe that the Jewish community in the upper

  west side is a significant minority voting group as

  referred to in the voting rights act of 1965, and whilst

  I am sure that there has been no specific intention to

  dilute the voting power of our constituency, none the

  less the reality of the current redistricting plan will

  have that effect as a significant number of our

  constituents live between 65th and 79th streets as well

  as living east of Broadway.

          I do not appear to you in a Democratic partisan

  capacity as I myself am a proud republican, however,

  there is clearly an injustice to our community in being

  split between the two new districts.

          In conclusion, I would like to recommend to the

  community that the border to the 31st Senatorial District

  be relocated to 56th Street in the south and extend to

  Central Park West in the east. Such a boundary will

  ensure the continued and comprehensive representation of

  the Jewish community in the upper west side.

          Thank you very much.

          SENATOR SKELOS: Thank you. Any questions?  Thank

  you very much.  Daniel M-A-I-O.

          MR. MAIO:  Good morning. Give Manhattan a

  downtown Senator. My name is Daniel Maio. I was the

  republican candidate for Manhattan Borough President last

  year. I testified also last week against the proposed

  27th Senator District which overlaps Brooklyn and

  Manhattan from currently one-third of Manhattan and two-

  third Brooklyn to two-third of Manhattan and one-third

  Brooklyn. Also at that same time I also testified not to

  break up the residential communities of Independence

  Plaza North in Manhattan which is very close to Ground

  Zero. Actually it is near Ground Zero, two blocks away

  from it and also Fairgate Houses near the Navy Yard to

  which the current proposed boundary crop right through.

          This week is the sixth month anniversary of

  September 11th. We are still uncovering bodies.  The main

  programs for business and residences bills 14th Street

  and I am sure there will be more coming down the road to

  help out some of the people that are victims of that

  event. There are also many more questions as to air

  quality, reconstruction, redevelopment and other issues

  that will still need to be addressed. If not sonly today,

  for months, for years and perhaps this decade down the

  road.

          What elected representative do these people turn

  to?  Currently downtown Manhattan is represented by two

  Senators. Marty Connor form Brooklyn Heights and Tom

  Dwayne which lives in midtown south. What I would like to

  propose is give Manhattan a true downtown Senator. You

  are already two-thirds of a way there.  If you just

  include the SoHo district, the village and perhaps part

  of Chelsea you have a whole downtown Manhattan Senatorial

  district from 14th Street south.

          Now since the reality is that politics plays a

  role in redistricting, let me present this from a

  political view.  If you have a downtown district Tom

  Dwayne cannot run. Well he could run if he wants to in

  Manhattan but Marty Connor cannot. We had earlier this

  morning Rabbi Niederman testified that in a current line

  you are taking away Williamsburg away from their Marty

  Connor. They want Williamsburg given back to him.  Also

  during last week’s testimony in Brooklyn you hear a lot

  of people in Brooklyn really want Marty Connor more of

  him there. So if you have a downtown district Marty

  Connor cannot run in Manhattan. Thus you are giving a

  true chance of a no incumbent district. Making election

  in November much more interesting. Now Senate district

  one starts at Montauk in Long Island. And, Senate

  District number 62 ends at the Canadian border near

  Niagara Falls.

          I urge this Senate to reconsider Ground Zero also

  as another district starting point. Give downtown

  Manhattan a true downtown District Senator. Chairman

  Skelos please give downtown a true downtown Senator.

  Assemblyman Parment give downtown a true downtown

  Senator. Assemblyman Ortloff please give downtown a true

  downtown Senator. It hasn’t been represented before.  For

  a long time it has been split. Senator Dollinger give

  downtown a downtown Senator.

          Thank you very much.

          SENATOR SKELOS: Thank you very much. I will

  consult with Senator Dollinger about that. Thank you very

  much.  Vikki Townsend. Is Vikki here?  Susan last name T-

  I-R-O-T-T-A.  Welcome.

          MS. TIROTTA:  My name is Susan Chulengarian-

  Tirotta. I am a lifelong resident of Bay Ridge Dyker

  Heights communities in Brooklyn.  The proposed Senate

  Districts are like the 1962 Mets, amazing.

          The Brooklyn part of the proposed 23rd Senate

  District strings together bits and pieces of Sunset Park,

  Bay Ridge, Dyker Heights, Borough Park, Bath Beach and

  Bensonhurst and attaches them to Coney Island and part of

  Brighton Beach.

          We have heard of districts described as

  gerrymanders, bullwinkles and other fanciful animals but

  the proposed 23rd Senator District is so absurdly shaped

  that it defies zoological comparison.  The fragments of

  Borough Park, Dyker Heights and Sunset Park would be

  connected by way of a four mile long unpopulated corridor

  along the Belt Parkway to a fragment of Bath Beach and

  Bensonhurst.  And then by way of another two miles of

  highway to Brighton Beach and Coney Island.  It is

  apparent that no thought has been given to the interest

  of these neighborhoods. No attempt has been made to

  create compact, coherent districts that would enable the

  people to work with their neighbor and elected

  representative in pursuit of their common interests.

          Similarly, the proposed 22nd Senate District

  would attach most of Bay Ridge, Dyker Heights, Bath Beach

  and Bensonhurst by the way of several one block wide

  corridors to pieces of Gravesend, Sheepshead Bay,

  Gerritsen Beach, Marine Park and Old Mill Basin.  Again,

  the proposed district is extremely non-compact and has no

  basis in any common interests or history among its far

  flung neighborhoods. Its residents are treated not as

  citizens, but as counters in some bizarre board game.

          When you stand back and look at the larger

  picture you can see the real contempt this plan shows for

  the people of Brooklyn, Staten Island and all of New York

  City. All the proposed districts in New York City lower

  Westchester and Rockland are overpopulated. While all the

  upstate districts are under-populated.  The effect is to

  dilute the voting power of all the people of New York

  City and its northern suburbs.

          The proposed Districts 10 through 38 have enough

  population for 29.69 districts.  You round that down to

  29.  The proposed districts 39 through 62 have enough

  population for 23.31 districts. You round that up to 24.

  If the kids in 6th grade used that method of rounding

  off, they’d flunk arithmetic.

          New York City’s population grew by 9.4% during

  the 1990’s, much faster than the state as a whole.

  Meanwhile upstate grew by just 1.2% much slower than the

  statewide rate of 5.5%.  By overpopulating all the

  downstate districts and under-populating all the upstate

  districts, you are trying to repeal the census.

          I do not make this appeal for Senator Gentile.

  If anything you have been too generous to him.  He now

  has one district.  In your proposal he can easily win

  reelection in two districts, either the proposed 23rd

  District or the proposed 22nd District.

          I make this appeal for my neighbors and for all

  the people of this great city. It’s time to go back to

  the drawing board.

          Thank you.

          SENATOR SKELOS: Thank you.  Questions?  Kay

  Robert Dunham.  Nancy Walby W-A-L-B-Y.  Helena Matthews.

  Monique D-E-N-O-N-C-I-N.  Welcome.

          MS. DENONCIN:  Good morning. My name is Monique

  Denoncin. A French name. I hope you understand my accent.

          I strongly oppose the proposed redistricting

  which would carve all of Vinegar Hill and one-third of

  DUMBO out of the current 52nd Assembly District.  This

  surprising rearrangement of district lines excludes from

  the district just a small amount of residents, 358

  according to the 2000 census. I do not see how this tiny

  cut would benefit anyone.  Please note that the proposed

  Senate District 27 keeps our three small neighborhoods

  together.

          Fulton Ferry Landing, DUMBO and Vinegar Hill are

  three contiguous neighborhoods along the northern

  Brooklyn waterfront.  Our ties are not only geographical

  but historical as well. These facts are clearly

  illustrated in the newly released Neighborhood History

  Guide of Fulton Ferry Landing, DUMBO and Vinegar Hill

  published by the Brooklyn Historical Society.    You were

  all given the guide last week by one of my neighbors.

          Three and a half centuries ago Brooklyn began

  here on our shore, with scattered settlements which later

  developed into a densely populated and industrious

  riverfront.  Today, long after the decline of the

  industrial era, our three communities are being

  revitalized and our connections are stronger than ever.

  Through our similar vision and our ability in resolving

  common issues, we have successfully helped to create the

  Brooklyn Bridge Park.  Together with Community Board 2,

  we have developed a 197a waterfront plan.

          Our strong awareness of our rich history, and our

  desire to preserve it, was rewarded by the designation of

  two historic districts.  Fulton Ferry Historic District

  in 1977 and Vinegar Hill Historic District in 1997. In

  2000 DUMBO was listed on the National Register of

  Historic Places.  The DUMBO Neighborhood Association is

  now hoping for a historic designation as well.  Through

  our natural ties and common political support our two

  neighborhoods jointly work on other issues such as

  waterfront access, air quality, sanitation, etc.  Our

  Assemblywoman Joan Milman together with her staff has

  played a big part in our struggles and our achievements.

          Your objective is no doubt to create a functional

  city. Therefore small communities which are working

  together in harmony should be able to do that now, as

  well as in the future.  I would like to ask us to please

  help us achieve that goal.

          Thank you for your time.

          SENATOR SKELOS: Thank you.  Ken Diamondstone.

  Alan Flacks.  Is Alan here. Batya L-E-W-T-O-N.

  Welcome.

          MS. LEWTON:  Good morning ladies and gentlemen.

  Thank you for having the hearing. I agree with everything

  that former State Senator Franz Leichter said. My name is

  Batya Lewton and I represent the tenants at 315 West 86th

  Street.

          We are grievously upset that in the present

  redistricting plan our State Senator Eric Schneiderman

  would no longer represent us.

          I am going to skip the next paragraph. You have

  my statement.

          Senator Schneiderman knows our community and is

  not only very responsive to our needs but has provided

  outstanding leadership on issues that are important to

  his constituents on the west side.

          Please, please reconsider this proposal. Keep

  Senator Schneiderman’s district intact.  Thank you.

          I have also have a statement if I may from

  Madeline Polayes President of the Coalition for a Livable

  West Side.

          Honorable members of the redistricting panel.  I

  am Madeline Polayes, President of the Coalition for a

  Liable West Side.  The Coalition for a Livable West Side

  formed in 1981 as a grass roots all volunteer community

  based environmental organization whose 8,254 members care

  about the city and protecting a healthy environment.

          The Coalition for a Livable West Side is aghast

  at the redistricting proposal which would split the west

  side community into three Senate districts.

           Senator Schneiderman is an outstanding State

  Senator who serves his constituents with great

  distinction.  He has provided great leadership on issues

  important to the members of Coalition for a Livable West

  Side.  The rationale for changing Senator Schneiderman’s

  district lines is unfathomable. The new lines would

  splinter geographically linked neighborhoods.

          Redistricting should be about reinforcing

  geographically linked neighborhoods not splintering them.

          We implore you to alter this plan and keep

  Senator Schneiderman’s district lines as they are

  presently constituted.  His constituents need him.

          Thank you.

          SENATOR SKELOS: Thank you very much.  Congressman

  Gregory Meeks.  Joel Kaplan. Is Mr. Kaplan here?  Shirley

  Fineman.

          MS. FINEMAN:  Thank you for the opportunity to

  speak to you. I am here as the Executive Director of

  Bensonhurst Council of Jewish Organizations and a

  lifelong Bensonhurst resident. The proposed Senate

  Districts for Brooklyn are a disaster. There was no

  attempt to create compact, coherent districts that would

  enable people to work with their neighbors and elected

  officials in pursuit of their common interests.

          For example the proposed 22nd Senate District

  Senate District would attach most of Bay Ridge, Dyker

  Heights, Bath Beach and Bensonhurst by the way of several

  one block wide corridors to pieces of Gravesend,

  Sheepshead Bay, Gerritsen Beach, Marine Park and Old Mill

  Basin.

           Likewise the Brooklyn part of the proposed 23rd

  Senate District strings together bits and pieces of

  Sunset Park, Bay Ridge, Dyker Heights, Borough Park, Bath

  Beach and Bensonhurst and attaches them to Coney Island

  and part of Brighton Beach.

           The fragments of Borough Park, Dyker Heights and

  Sunset Park would be connected by way of a four mile long

  unpopulated corridor along the Belt Parkway to a fragment

  of Bath Beach and Bensonhurst.  And then by way of

  another two miles of highway to Brighton Beach and Coney

  Island.

          Black and Hispanic communities would also be

  divided with Coney Island in the proposed 23rd District

  and nearby Marlboro Houses in the proposed 19th Senate

  District. None of this makes any sense.

          While the need is clear to include part of Staten

  Island with Brooklyn to get the right district

  population. The part of Brooklyn to be included in the bi-

  county district should be the part closest to Staten

  Island geographically and most similar in character.  The

  Brooklyn Staten Island district ought to include Bay

  Ridge, Dyker Heights and the western part of Bensonhurst.

  It’s crazy to extend the corridor for several miles along

  the Belt Parkway attaching Staten Island to the Mitchel

  Lama hi-risers of Brighton Beach and Bensonhurst as well

  as to Coney Island and Sea Gate.

          Residents of southern Brooklyn will be the real

  losers if this plan becomes law.  We are treated as if we

  were numbers in a computer or pieces in a bizarre board

  game rather than real live people living in real

  neighborhoods with real interests about which we care

  deeply.  Bensonhurst would be divided before four state

  Senators. What vote would we have?

          Also why are you considering an Orthodox seat?

  We already have an Orthodox Senator for the last seven

  years, Senator Seymour Lachman (ph). He is the first

  Orthodox Senator in thirty years. Please reconsider this

  plan.

          Thank you.

          SENATOR SKELOS: Thank you very much for you

  testimony.  Any questions?  Mark Landis. Is Mark here?

  Carmen Quinones. Roy Wasserman. Is Roy here?  I’m sorry

  your Mr.?

          MR. KAPLAN:  Good morning. My name is Joel Kaplan

  and I have the privilege of serving as the Executive

  Director of the United Jewish Council of the East Side.

  The council is the umbrella organization representing the

  50 Jewish communal institutions, synagogues, schools and

  social welfare clubs on the historic lower East Side of

  Manhattan.

          The council is a well respected thirty year old

  not for profit social service agency. Among our programs

  are home care services for upwards of 650 clients,

  housing for nearly 200 senior citizens and special needs

  populations, assistance with entitlements, immigration,

  and the provision of 350 hot nutritious lunches to

  seniors every day. Amongst our staff we speak five

  languages, so that virtually everyone who comes for help

  can be helped in their native language.

          I am here this morning to object strongly to the

  proposed amputation of our sister community of

  Williamsburg Brooklyn from our shared State Senatorial

  district. We have worked together and quite successfully

  with the Williamsburg community over the years on such

  projects as blocking the construction of the resource

  recovery plan and mitigating the negative environmental

  impact of the Williamsburg Bridge reconstruction.

          For although we are separated by the East River,

  we are in essence contiguous communities joined

  inextricably by the bridge forever more.

          While we of course share many common demographic

  characteristics with the Jewish community of

  Williamsburg, the lower east side and Williamsburg as

  communities are quite similar.  Williamsburg and the

  lower east side both contain sizable Jewish and Latino

  populations, many immigrants and avant-garde cultural and

  artistic populations and institutions.

          It is because of these shared characteristics

  that it makes much sense that the same elected officials

  represent both of our communities. Any proposal to sever

  our natural ties, by splitting one community from the

  other would be ill advised. We need a single voice in

  Albany to represent our shared concerns.

          We join with the Williamsburg community in

  requesting that these natural bond not be broken.

          Thank you very much.

          SENATOR SKELOS: Questions?   Shirley Peterson

  Lower East Side Democratic Club.

          MS. PETERSON:  Good morning gentlemen. Good

  morning Ms. Levine.  My name is Shirley Peterson. I am

  from the Lower East Side Democratic Club. Also I am from

  the Two Bridges LaGuardia Advisory Committee in the lower

  east side. I wanted to speak on the behalf of Senator

  Martin O’Connor. We need him desperately.  I want to read

  a few things from here to the members.

          The senator majority senator’s plan is

  discriminating and illegal because it is over-populated,

  all of the districts in New York City southern

  Westchester and Rockland thereby eluding the voting

  powers of all residents of the entire region. It

  increased the size of the Senate from 61 to 62.  Thereby

  reducing the portions of the senator, I’m a little

  nervous excuse me, the Senator Districts in which the

  majority groups, voters can elect representative of their

  choice. And, diluting the voting powers of the majority

  group voting to statewide.

          It fails to create the additional compact,

  Hispanic majority districts that could be easily be

  created in northern Manhattan and Bronx thereby diluting

  the voting powers of Latino voters.

          All the proposal districts in New York City,

  lower Westchester and Rockland propose Senate districts

  from 10 through 38 are over-populated while all the

  upstate district proposal Senate districts between 39 and

  62 are under-populated. The effect is to dilute the

  voting powers of all the people in New York City and it’s

  northern suburbs. The proposal districts from 10 through

  38 has enough population for 29.69 districts.  The

  proposal rounds that down to 29.  The proposal districts

  39 through 62 have enough population for 23.31 districts.

  The proposal rounds that up to 24.

          It is questionable whether the procedure conforms

  to the laws of the United States and New York State. It

  is certainly violating the laws of (inaudible).  I am

  asking these questions because we desperately like to

  keep Senator O’Connor in our district. He helps everybody

  black, white, Spanish, Italian, Chinese whatever in our

  group.  Help us keep him in the office and help us with

  our community affairs.

          Thank you. Are there any questions?

          SENATOR SKELOS: No. Thank you.  Janai Nelson,

  NAACP Legal Defense & Education Fund.  Welcome.

          MS. NELSON:  Good morning task force committee

  members. My name is Janai Nelson and I am an assistant

  council at the NAACP Legal Defense & Educational Fund.

  LDF’s comments focus particularly on the need to consider

  and well settled legal authority for considering race or

  ethnicity in the process of redistricting in order to

  avoid diluting minority voting strength in violation of

  the Fourteenth Amendment or Section 2 of the Voting

  Rights Act of 1965, and in order to avoid retrogression

  of minority voting strength in violation of Section 5 of

  the Voting Rights Act.

          In addition to our comments address certain

  serious procedural concerns in how the current New York

  State redistricting process has been administered to

  date.

          The Legal Defense Fund has been a pioneer in the

  efforts to secure and protect minority voting rights and

  had been involved in nearly all of the precedent setting

  litigation relating to minority voting rights over many

  decades.

          In preparation for this decade’s redistricting

  cycle the Legal Defense Fund has been very active across

  the country and is active in New York educating voters

  and elected officials about redistricting standards and

  the need to ensure that the redistricting process is fair

  and the need to create plans that provide all voters with

  an equal opportunity to elect candidates of their choice.

  The Legal Defense Fund will remain vigilant throughout

  the redistricting process to ensure compliance with the

  Voting Rights Act and the United States Constitution.

          In fulfilling your redistricting

  responsibilities, the task force must be cognizant of

  it’s role in ensuring that the voting rights of New

  York’s language and racial minority voters are not

  violated. The rules governing redistricting and your role

  in protecting minority voting rights has evolved since

  the last redistricting.  Over the years (inaudible) Shaw

  v. Reno, the courts have clarified the criteria for

  creating districts designed to ensure that minorities

  have an equal opportunity to elect candidates of their

  choice.

          The courts have recognized that those drawing

  district lines are always aware of where people live and

  usually know their race and identity. Race is thus always

  a part of a redistricting process and being race

  conscious or aware of race during the redistricting

  process is not itself a violation of the law.  Also,

  states must be race conscious enough to make sure that

  redistricting plans they create do not dilute minority

  voting strength and a redistricting plan will not

  necessarily be held invalid simply because the

  redistricting is performed with consciousness of race and

  because or because the state intentionally creates a

  majority minority district.

          The most recent Supreme Court decision on this

  subject Easley v. Cromartie is very instructive.

  Cromartie clearly indicates that if a jurisdiction draws

  district lines to fulfill partisan political objectives,

  the fact that a large number of residences of the

  district are also members of a racial minority group does

  in and of itself render the district a racial

  gerrymander.

          Because Section 2 of the Voting Rights Act

  protects voters from any election procedures that deprive

  them of an effective vote because of their race, color or

  membership in a language minority group, states and local

  jurisdictions are legally required to avoid diluting

  minority voting strength during redistricting. IN fact,

  the need to avoid minority voting rights dilution is a

  compelling justification for creating majority minority

  district and helping to protect the district from

  constitutional attack. The Supreme Court and several

  district courts have endorsed the principle that

  jurisdictions have a compelling interest in complying

  with the Voting Rights Act during redistricting and that

  complying with the Act is a defense against

  constitutional attack.

          Section 5 of the Voting Rights Act prohibits

  enforcement or administration by covered jurisdictions of

  any voting qualifications or prerequisite to voting or

  standard, practice or procedure. As you know three

  counties are subject to Section 5 clearance and will be

  affected by any statewide redistricting plans.

          In closing I would like to note that the Legal

  Defense Fund was very disappointed to learn that there

  were no hearings scheduled in the evenings or on the

  weekends after much out cry from the New York community

  that those sorts of hearings would be necessary. We just

  want to have on the record that we were very disappointed

  with that. And, also the untimely notice that the Senate

  districts have increased without giving community members

  an opportunity to weigh in on that process.

          Thank you.

          SENATOR SKELOS: Questions?  Thank you.  Dalia

  Soto S-O-T-O.  Lee Kyriacou.

          MS. SOTO:  Hello my name is Dalia Soto. I am the

  chairperson of FROZE.  Plus I am a member from

  (inaudible) Advisory Board and other organizations.

          Note that in Manhattan, the Bronx, and southern

  Westchester there are currently three Senate districts

  with Hispanic majority and two Senate districts with a

  black majority.  There should be four Senate districts

  with a Hispanic majority and two Senate districts with a

  black majority in this region.

          Thank you very much.

          ASSEMBLYMAN PARMENT:  Lee Kyriacou.

          MR. KYRIACOU:  Good morning.  Thank you for the

  hearings. Do you have published material in front of you?

  If we bring statements do you have them or –-

          MS. LEVINE: We’re taking the statements at the

  back and the numbers are given to them.

          MR. KYRIACOU:  Afterwards?

          MS. LEVINE: Yes. It just makes it easier.

          MR. KYRIACOU: It effects how I describe what I

  want to describe.

          MS. LEVINE: If you would like to give them

  something that’s up to you but we prefer to take it.

          MR. KYRIACOU:  That’s fine. My name is Lee

  Kyriacou. I am a city councilman at large for the City of

  Beacon, Chair of the Beacon Democratic Committee. I was

  an Assembly candidate in 2000 for the old 96th Assembly

  District. I also speak on behalf of the Beacon City

  Councilwoman Eleanor Thompson. She is Beacon’s first and

  only African American elected official.  She now holds my

  old ward seat which she ran in an won. Beacon City

  Councilman Steve Gold as well as other elected officials

  in the City of Newburgh, City of Poughkeepsie as well as

  other parts of the Hudson Valley. It’s tough for us to

  all come down here for the hearings. There weren’t any in

  the middle of the state.

          Please consider a reapportionment plan that keeps

  the three small cities of Poughkeepsie, Newburgh and

  Beacon with populations of 30,000, 29,000 and 14,000

  respectively together. Common history and community link

  these cities.

          If I could just take a moment since you don’t

  have a map in front of you which I have included.

  Basically the small cities of the Hudson Valley run up

  and down the Hudson like small pearls on a string of a

  necklace.  Beacon and Newburgh are opposite each other on

  the Hudson about 60 miles north of here. The City of

  Poughkeepsie is about 15 miles north of that.  The City

  of Kingston –-

          A VOICE:  We have the maps.

          MR. KYRIACOU:  Oh you do? Okay. I will stop.

  Thank you.  Economically these and other small cities up

  and down the Hudson face the same fundamental issue of

  economic redevelopment. Like other small cities along the

  Hudson and throughout the northeast there were once

  regional hubs for population, jobs and wealth.  Today,

  however, such cities are smaller in population than their

  surrounding communities, poorer and require more

  services, and have smaller tax bases, higher crime,

  higher unemployment and often times fewer job

  opportunities. Yet if we could focus enough on these

  cities they are small enough to turn around. We are doing

  so in Beacon. In fact slowly but surely these communities

  will redevelop but having collective representation will

  help.

          Culturally these cities are Hudson’s Valley’s

  melting pots.  According to the 200 census data that

  combined percentage of African Americans and Hispanics in

  these cities of Poughkeepsie, Newburgh and Beacon are

  respectively somewhat less than 50%, over 70% and some

  went under 40%.  These communities have the majority of

  the diversity of our counties.  No other community

  excluding prisons comes close to that level of diversity.

  You will note when you see in the proposed district that

  includes Beacon and Newburgh one community, one of the

  towns Fishkill has a substantial minority population.

  It’s driven by three correctional facilities. Noth9in

  else. Those communities, Beacon and Newburgh are

  distinctly different than the communities in the proposed

  100th District which are Fishkill, East Fishkill, I’m

  blank on the rest, LaGrange and Newburgh.

          The old 96th Assembly District included the

  cities of Poughkeepsie, Newburgh and Beacon in a single

  district, with the three cities representing half of the

  population of the district. The proposed reapportionment

  plan puts the City of Poughkeepsie in one district and

  the cities of Newburgh and Beacon in another.  As a

  result these small cities lose their collective ability

  to draw attention, resources and representation.

          Please keep the three small cities of

  Poughkeepsie, Newburgh and Beacon together in some

  fashion. If you cannot do so then please don’t isolate

  those cities from the adjacent cities, small cities. So

  if we can keep those cities together in some way I firmly

  believe that helps the representation of those

  communities.

          Thank you very much.

          ASSEMBLYMAN PARMENT: If you were to rank the

  priorities in combination of these three cities, you

  would rank the combination of Beacon and Newburgh as more

  meaningful than perhaps the combination of Beacon and

  Poughkeepsie?

          MR. KYRIACOU: That’s a tough question.  The way

  counties work, counties focus attention around the county

  seats. In many respects Beacon is connected to

  Poughkeepsie because we are in the same county.  However,

  Beacon and Newburgh are directly adjacent to each other

  by the river, crossed by a bridge and our economies are

  in some respects also linked. It’s a tough call on how to

  split those. They are close enough together to be linked.

  You may not be able to do it on the east side of the

  river without splitting up towns. But you can certainly

  do it on the west side of the river.  It turns out as

  well Peekskill is just down the road going in the other

  direction.  It’s a hard call.

          ASSEMBLYMAN PARMENT: Let me just point out to you

  that combination that meets the requirements of eh state

  constitution would require that we link Poughkeepsie,

  Floyd, Marlboro, Newburgh, the City of Newburgh, Bacon

  and the Town of Fishkill. The combined populations of

  those communities exceed the deviation that is permitted

  to us under the federal constitution for deviation from

  top to bottom in our plan in regard to federal

  constitutional requirements. That said would it be

  preferable to link them even though it would require a

  subdivision of the City of Poughkeepsie?

          MR. KYRIACOU: That’s again a difficult call. My

  own perception and again it’s driven by being a city

  representative is that the city’s are the ones that

  require the help more so than the towns in the Hudson

  Valley. My preference would be to keep cities together. I

  appreciate the numbers you are putting on the table. The

  current 96th District has exactly the same communities

  but excluding the Town of Fishkill and including the Town

  of Esopus.  That meets the numbers.  The current 96 is

  well within the deviation. You don’t need the Town of

  Fishkill to connect Beacon and Newburgh. They are

  connected directly by the bridge. You could easily add

  for instance the Town of Plattekill which has a

  significance Hispanic population if you don’t add the

  Town of Esopus.  You don’t need to add the Town of

  Fishkill to do it. If you are doing it because you are

  seeing the diversity statistics for the Town of Fishkill

  they are driven by the prisons.

          ASSEMBLYMAN PARMENT: (inaudible) an interesting

  question about contiguousness.  Fishkill has strip of

  land between Beacon and the river that basically keeps

  Beacon from butting the river.  It’s my impression though

  that the bridge does land in the Village of Beacon. So

  Beacon and Newburgh are connected by a bridge. It’s an

  interesting question and whether it’s contiguous or not.

          MR. KYRIACOU: I am not sure that whether Fishkill

  somehow reaches around the Hudson or not. Beacon was

  carved out of the Town of Fishkill. I can tell you now

  that the current 96 has the City of Newburgh and the City

  of Beacon connected without Fishkill. So somehow that was

  considered acceptable in the past. I can’t respond to

  your question but that may be the case. I just don’t

  know. It wasn’t’ the case with the old 96.

          ASSEMBLYMAN ORTLOFF:  Can I just ask you a couple

  of questions?  You said you were an Assembly candidate.

          MR. KYRIACOU: Yes.

          ASSEMBLYMAN ORTLOFF: So you would know the

  district as imminently as anybody except the other

  candidate. You were which party?

          MR. KYRIACOU: I ran as a democrat and an

  independence.

          ASSEMBLYMAN ORTLOFF: Where did you do better?

          MR. KYRIACOU: I represented the City of Beacon. I

  won the three cities of Beacon, Poughkeepsie and

  Newburgh. I have worked very hard on the economic

  redevelopment of Beacon which has shown dramatic

  successes and I ran on the platform of trying to do the

  same for the larger small cities. I think that message

  was very well heard by those cities and an important part

  of what they need.

          ASSEMBLYMAN ORTLOFF: You make the point that the

  cities of Newburgh and Beacon are connected by a bridge.

  It is also true that Poughkeepsie is connected across the

  river through the Town of Lloyd by a rather substantial

  bridge?

          MR. KYRIACOU: Yes sir.

          ASSEMBLYMAN ORTLOFF: Do the people in Lloyd

  regard themselves as linked to Poughkeepsie as much as

  say the people in Hyde Park?

           MR. KYRIACOU: I think to a large degree. I think

  there is a substantial commuting population from Highland

  that comes simply across the bridge. I think your point

  is accurate that there are connections across the river

  and there are connections within the county. It is much

  as the same question that your colleague asked about

  Beacon being more connected to Poughkeepsie or more

  connected to Newburgh. It’s a mix of the two. I don’t

  feel competent to say which is heavier. It certainly is

  both.

          ASSEMBLYMAN ORTLOFF: If the Town of Esopus were

  not available because it were needed to make another

  district whole and the Town of Fishkill were included I

  would just like to follow up on Mr. Parment’s question,

  then the only easy solution to the overage in population

  and it’s not much.  I think is probably in the order of

  6,000 to 7,000 people over.

          MR. KYRIACOU: That’s right.

          ASSEMBLYMAN ORTLOFF: I guess if I read Mr.

  Parment well and we have worked together well for almost

  a year now, I think I would suggest on behalf of all the

  task force that in light of the fact that that may be the

  only desirable solution, only available solution because

  of other exigencies it might be in your interest to try

  to offer the task force a suggestion of which 6,000 or

  7,000 people in the City of Poughkeepsie you would

  recommend, how you would recommend us making that

  division. Not that we are going to but sometimes you can

  see the way things are headed and it’s prudent to have a

  suggestion in case.

          MR. KYRIACOU: I can say two things. Again I am

  not a representative of the City of Poughkeepsie so I

  can’t make that remark.  I can say it more on the City of

  Beacon. You are right I did run for the area. I know the

  area relatively well.

          The first remark and it’s directly responsive

  would be instead of Fishkill you could use for instance

  the Town of Plattekill. The Town of Plattekill has a

  substantial Puerto Rican population which keeps it

  community wise much like the City of Newburgh. Its

  ethnicity is not driven by a correctional population

  which is what is going on in the Town of Fishkill.

  Discounting the correctional population in the Town of

  Fishkill it is much like East Fishkill.  It is not like

  Beacon or Newburgh. So that you may have some other

  options. If you don’t and you may be in that position, it

  would seem to me that Poughkeepsie splits north and south

  in many respects. The south side of Poughkeepsie is a

  more educated, more affluent section of town. The

  northern portion is more an inner city. It is a poorer,

  more diverse part of the community. You may be able to

  find some lines there.

          What’s interesting on a personal side from my

  Assembly race is I won both sides of the city. So, it’s

  not relevant from the perspective my personal side. But I

  suppose the city does split for more of a poorer inner

  city portion and a more affluent educate portion to the

  south side of the town. There is a ward on the far south

  east side of town, the eighth ward which is furthest from

  the city and probably more a like a town in some

  respects. You might be able to find lines there. I don’t

  particularly encourage it but I wanted to give you a

  direct answer to your question.

          ASSEMBLYMAN ORTLOFF: Thank you.

          ASSEMBLYMAN PARMENT: Elsa Figueroa.  Is Elsa

  here?  Hector Rodriguez.

          MR. RODRIGUEZ:  Good morning. My name is Hector

  Rodriguez and I am Chairman of the Town of Plattekill

  Planning Board and president of the Plattekill Democratic

  Club. I am a lifelong resident of the Hudson Valley and

  work extensively with minority communities in

  Poughkeepsie, Beacon and Newburgh on economic

  development, planning and environmental issues. I also

  speak on behalf of Newburgh City Councilwoman Elsa

  Figueroa-App, Newburgh’s first and only Latina elected

  official, County Legislator Mario Johnson Dutchess

  County’s first and only African American elected county

  official as well as other elected officials in the Cities

  of Newburgh and Poughkeepsie.

          I come before this board not only as a resident

  of the Hudson Valley and a concerned citizen for our

  riverfront cities, but also as Latino who recognizes the

  importance of empowering a community that is growing in

  importance and as an activist in the African American

  community in Poughkeepsie. It is my hope that this body

  here this morning will take these comments and this

  prospective seriously as it debates the proposed

  reapportionment plan that divides rather than unites the

  three urban waterfront centers of the Hudson valley.

          Reappportionment as a result of the 2000 census

  has affected communities throughout the country, state

  and local levels.  The processes and considerations of

  the communities of the mid and lower Hudson Valley are

  not much different than what you are dealing with here

  today. How to ensure fair and equitable representation in

  our legislative bodies?  The very lifeblood of American

  representative democracy.

          I have seen a few of these reapportionment

  processes over the past year and a half and would like to

  share that experience with you here.

          Last year in Westchester County, New York City’s

  neighbor to the north, the fastest growing portion of the

  county was in the City of Yonkers in which the Hispanic

  and Latino population was now the dominant population in

  the southern sections of the city.  As part of its

  commitment to true representation the county board of

  legislators working together with community organizations

  and activists designed a Hispanic opportunity legislative

  district to meet the growing needs of a diverse community

  and a recognition of this community’s importance to the

  future of the county. No matter who won the election for

  county legislator the Hispanic community would with one

  voice have say in who represented them.

          As a result of this far sighted approach the

  board of legislators encountered few roadblocks and its

  reapportionment plan was approved and implemented the

  same year. That means that they ran on the new lines that

  they had drawn earlier in the year.  I feel privileged to

  say that I was part of that reapportionment process.

          I would like to contrast this experience with a

  process that is now on going in Rockland County,

  Westchester and New York City’s neighbor to the north

  northwest.  Again in the mid Hudson Valley.  Where there

  are increasing problems because of decisions made to

  divide communities of color like Haverstraw and Spring

  Valley. As a result of not consulting the public or

  working with key decision makers and without significant

  community input there has been created a more

  confrontational process that is far more uncertain than

  its neighboring Westchester and which may now involve

  legal actions by the NAACP and the Puerto Rican Legal

  Defense Fund.

          I give these examples because they illustrate the

  two direction in which the current state legislative

  reapportionment plan can go. Either by taking into

  consideration local needs and desires that give a voice

  to all members of affected communities or to take a more

  heavy handed approach which not only creates divisiveness

  but also creates more roadblocks to implementation of the

  redistricting. It is my hope that this body will decide

  on working with the communities of Beacon, Newburgh and

  Poughkeepsie.

          These cities face similar challenges of economic

  revitalization and environmental degradation from poor

  decisions in the past. They all have special needs that

  separate them from their sister sprawling suburban

  communities which while closer geographically share very

  little in common with the urban centers. The proposed

  plan does not take these realties into consideration.

  The reapportionment plan dilutes the voice of the

  minority communities and the urban dweller that share

  more in common with other waterfront communities of the

  mid Hudson. The old 96th District recognized the

  importance of linking these common areas and concerns

  together to form a unique district in the Hudson Valley

  that gave a greater say to urban communities without

  being drowned out by their wealthier suburban neighbors

  who don’t share the same needs.

          If you leave here today and remember but one

  thing please keep Poughkeepsie, Newburgh and Beacon

  together. Don’t drown out the one voice the African

  American, Latino and urban communities of the Mid-Hudson

  have left.

          Thank you.

          ASSEMBLYMAN PARMENT: Mario Johnson.  You spoke

  for him all right.  Jonathan Jacobson.  Faye Levine.

          MS. LEVINE:  Good morning to all the task force

  members. Thank you for this opportunity. I would like to

  introduce myself. I am Faye Levine. I am speaking as an

  individual as a resident of the Sheepshead Bay area of

  southern Brooklyn. Professionally I am the Director of

  Social Services of the Jewish Community House of

  Bensonhurst in south western Brooklyn.  I will be echoing

  some of the remarks of the previous speakers and adding

  some of my own. So hopefully you will take our concerns

  with you.

          I am here to urge the task force to reject these

  proposed new State Senate District lines for Brooklyn.

  Please draw new lines. These proposed lines serve to

  divide communities with strong local identities and

  commonalities of interest into separate Senatorial

  Districts. My own immediate neighborhood presents a clear

  example of a neighborhood divided.

          The proposed 22nd Senate District includes the

  western communities of Bay Ridge, Dyker Heights and a

  small part of Bensonhurst.  A narrow corridor of blocks

  in my neighborhood which is only one block wide for

  approximately a half mile then serves as a connector. The

  western neighborhoods are then strung to pieces of

  Gravesend, Sheepshead Bay, Gerritsen Beach, Marine Park

  and Old Mill Basin which are on the other side, the far

  south eastern side of the borough.  These communities are

  very distant from one another. If the basic goal of

  legislative apportionment are that the districts should

  be compact contiguous and have a basis in common history

  than the proposed lines for the 22nd District do not meet

  these goals in any way.

          Furthermore, the proposed plan divides my

  immediate area into three Senatorial Districts. In

  southern Brooklyn the streets are in the avenues as they

  go from north to south, are in alphabetical order.  I

  live on East 12th Street, south of Avenue Z.  I would be

  in the 19th district. My neighbor who lives one block

  away on East 12th between Y and Z would be in the 22nd

  district. My friend that lives one block further north on

  Avenue X near East 12th would be in the 25th district.

  One cannot fail to see the confusion that would reign and

  the fragmentation that would occur as community residents

  attempt to work together to seek governmental responses

  to their local concerns.

          A review of the proposed 23rd senatorial district

  again shows the neighborhood of Coney Island and pieces

  of Brighton Beach and Bensonhurst string together by the

  Belt Parkway with pieces of Borough Park and Sunset Park.

  These disparate pieces are added to sections of Staten

  Island. The proposed 23rd district is also very much non-

  compact and the interests and needs are quire different.

          The logical community oriented approach would be

  to keep Coney Island, Brighton Beach. Manhattan Beach and

  Sheepshead Bay in one Senatorial District. These

  contiguous waterfront communities have along history of

  jo9int concerns and efforts. Dividing these neighborhoods

  as currently proposed only dies a disservice to our

  citizens, dilutes future efforts to address community

  problems and in effect is a statement to the public that

  neighborhood needs are not of primary interest in

  redistricting.

          In conclusion, I respectfully urge this task

  force to reject the proposed Senate district lines and

  draw new ones that take whole communities into account.

          Thank you for your time and consideration.

          ASSEMBLYMAN PARMENT: Joyce Hackett.  Is Joyce

  Hackett available?  Vitaly Sherman.  John Quinn.  Savona

  Bailey-McClain.  Juda Eisner.  Sean Sweeney.  Joe Haslip.

          MR. HASLIP:  Copies were left with staff in the

  front for your information.  I didn’t know if the panel

  wanted additional copies at this point.  I wanted to open

  by saying yes my name is Joseph Haslip and I serve as a

  Democratic District Leader in the 70th Assembly District

  Part D which covers the communities of Morningside

  Heights and West Harlem.  You have prepared remarks. What

  I basically just want to paraphrase in saying and I am

  going to surprise you by being brief.

          Of all the complaints you guys are getting today

  regarding your lines, what I basically came here to do is

  praise you. Because if the proposed district which is

  call the 30th Senatorial District which is currently the

  29th is drawn perfectly. It retains the contiguous and

  cultural integrity of the communities as they are put.

  And the expansion which were made to the south and to the

  east also build upon the natural communities for which

  the district now takes in.

          I basically came by to tell you keep things the

  way they are. I know you are not going to hear a lot of

  that today so I thought I would come by and do it so you

  hear it at least once.

          ASSEMBLYMAN PARMENT: Marion Clever.  Mark

  Treyger.

          MR. TREYGER:  Good morning. My name is Mark

  Treyger. I am from Bensonhurst Brooklyn.  A member of the

  Progressive Democratic Club. Good morning to all the

  members.

          To get straight to the point nobody has the right

  to play politics at the expense of people’s lives and the

  welfare of a community.   Viewing the newly proposed

  district lines for the 22nd State Senate District is very

  much disturbing. It was almost as if a kindergarten child

  lost control of his or her pencil and began scribble

  scrabbling.  Each zig and zag of the outlines proposed

  divides friends, neighbors and even relatives and

  deprives them of having one solid individual leader.

          Currently, I clearly know who my district leaders

  are.  I have a forceful district team in Assemblyman Bill

  Colton and State Senator Seymour Lachman. The new lines

  would completely disturb the whole flow of community

  orientation. Communities such as mine in Bensonhurst

  would be torn apart amongst multiple officials.  Why do I

  have to scrabble around figuring out who represents me?

  How am I supposed to organize a community group if

  another official represents the person around the block

  from me?  To be very honest as a young and active member

  in my community it is unconditionally disturbing to see

  the core of retribution expressed clearly through the

  redistricting process.

          The proposed district also encompasses different

  and large respective communities, from Sheepshead Bay to

  areas of Bay Ridge. All reflect many different

  communities in need of many different necessities.  The

  official will be torn apart amongst the attention driven

  communities hence not being able to give special

  attention where needed.  Every need of every area in a

  district must be thoroughly met by the elected official.

  Under the new lines it is heard to see how the official

  will be able to meet every single challenge and need a

  community may bring to his or her attention.

          I ask you to please end the politics of political

  revenge. The welfare of communities is at stake in all of

  this. It comes down to the people in those communities.

  Not a pencil and a map with a revenge driven mind.

          Assemblyman Ortloff mentioned before how his

  constituents don’t want to lose their district leaders.

  The same goes for Bensonhurst.

          Thank you.

          ASSEMBLYMAN PARMENT: Fira Stukelman.

          MS. STUKELMAN:  Good morning. My name is Fira

  Stukelman. I am Holocaust survivor. I represent The

  Russian community.  Community who lives in Brighton

  Beach, Sheepshead Bay, Marine Park, in all our district

  21st. I think this is something unbelievable, unfair,

  what is going on today.  Community this is family. This

  is our life. I am in America only ten years. I appreciate

  community because community help us. Help us with English

  language. Help us to raise our people. Help us to go to

  the synagogue.  Help us to be in Jewish center.  Help us

  in Manhattan Beach, Memorial Park, Memorial Day where it

  was killed 6 million Jewish people. Community it’s very,

  very important.

          Brighton Beach has 15 streets. 7 streets will

  belong to Staten Island. Seven streets will belong to

  Canarsie and Starrett City. How can you do this?  You

  have a lot of old people, senior citizens, (inaudible).

  When will they see their Assemblyman?  When?  Never,

  never they will receive any help. Governor Pataki please

  don’t sign the papers. Please save all of our

  communities. We came today for justice. God Bless

  America.

          ASSEMBLYMAN PARMENT: Phyllis Gunther.

          MS. GUNTHER: Good morning everybody.  I am the

  Democratic District Leader in the 67th Assembly District

  Part A. There is a mistake on the listing.  I am not only

  speaking about the issue of the southern half of the

  Senate redistricting lines. I am now in the 30th Senate

  district area and I am asking you not to break up the

  upper west side. Both the community school boards starts

  at 59th Street and Community Board 7 of which I am a

  member start at 59th Street. That’s been contiguous now

  for at least 40 years for the entire time that I  have

  lived on the upper west side. I have been an activist

  along with my husband who was a state committee person

  for 24 years and on the community board for 19 years.

  Unfortunately dieing on his way to the community board

  meeting.  We sent our children to the public school.  And

  were instrumental in pairing the two southern most

  schools P.S. 191 and 199 in order to integrate them

  racially and socially and economically so that I have

  been involved, we have been involved for the 40 years. It

  seems to me you should not break up. It’s a small area I

  am talking about. It should not be broken up. I thank you

  for your time.

          ASSEMBLYMAN PARMENT: Malin Falu. Edward Garcia.

  Peter Lau. Steven Strauss. Michelle Scott. Mayra Linares.

          MS. LINARES:  Good morning. My name is Mayra

  Linares. I am the Assembly District Leader for the 72nd

  District in Washington Heights, northern Manhattan. I

  would like to first thank the New York State Legislative

  Task Force for affording me my opportunity to testify

  today.

          I am here today representing and expressing my

  district’s concerns and outrage on this proposal.

  According to the New York City and the 2000 census

  northern suburbs which consist of lower Westchester

  County, Rockland County have increased in population by

  9.4%.

          At the same time the census bureau has reported

  that undercounts of this district has occurred due to the

  low participation of the census.  This means that the 9.4

  increase in population is probably lower than the

  population increase in reality.  In the upstate district

  the population has increased a mere 1.4%.  However, the

  republicans feel it necessary to open a new district

  upstate rather than one in New York City.  Does this make

  any sense or is it only discriminating against the people

  in this overpopulated district?

          New York City is already getting the short end of

  the stick.  New York City and northern suburbs have a

  population count that would give us 29.69 districts.

  This number is rounded down to 29 districts. On the other

  hand the upstate population count gives us an estimate of

  23.31 districts which in turn is rounded up to 24

  districts. The math is elementary but the results are

  absurd.

          As a member of the youth in my community I feel

  we need to show we have a voice in this matter. As their

  leader I feel it necessary to make our voice heard. We

  cannot and will not stand for this proposal. Our

  community is congested. Our district is overpopulated and

  we are lacking representation.  This problem can be

  remedied by adding a much needed district in a needy

  area. Not by discriminating against it.

          Thank you.

          ASSEMBLYMAN PARMENT: Would you just tell me again

  what Assembly district you represent?

          MS. LINARES:  The 72nd Assembly District

  Washington Heights area Part A.

          ASSEMBLYMAN PARMENT: And your remarks were

  directed to that area in the Assembly plan or the Senate

  plan? I wasn’t sure.

          MS. LINARES: The Senate plan.

          ASSEMBLYMAN PARMENT: The Senate plan. Okay. Thank

  you.  Margaret Hughes.  Maria Siarra.  Ydanis Rodriguez.

  Victor Bernace. Miguel Palacios. Radames Rivera.  Ramon

  Garcia.  Marisol Alcantara.  Manuel Mendez. Angel Lapaz.

          MR. LAPAZ: Good morning. My name is Angel Lapaz.

  I reside on 32 (inaudible) Apartment 2L, New York which

  is part of Inwood in upper Manhattan. I have been living

  in my community for over 13 years. My mother for over 30

  years. I am a community activist.  I ran for Democratic

  District Leader in part B of the 72 Assembly District

  last year.  I work for ten years in my community as

  President of a non-profit group dedicated to promoting

  (inaudible) on culture in upper Manhattan.

          When I work organizing soft ball games all the

  teams we like naturally.  (inaudible).  Teams such as

  Latinos will compete against (inaudible). We didn’t

  separate ourselves into east west district but just

  organized the games for upper Manhattan, our community.

  We get people of Inwood, Washington Heights don’t think

  of ourselves as part of two or three separate districts.

  Just as part of one community in upper Manhattan.

          I would like to protest the scheduling of this

  meeting on Friday at 10:00 when the vast majority of the

  community is working and cannot come here to voice their

  opinions. I am here to support the (inaudible) that keeps

  the upper Manhattan community unified on creative

  districts or minority community that share common needs.

  I believe that upper Manhattan should not be split in

  different areas when we can treat ourselves as a common

  community. For example, as proposed the senator plans to

  split upper Manhattan into three different districts not

  making an effective (inaudible) district.

          Moreover, this spanning community in upper

  Manhattan is being confined in one Assembly district,

  72nd.  Our community is then split further between

  district 70, 71 and 69 not giving us a voice anywhere

  else but the 72.  This is injustice.  Please give

  community needs priority over district shape.  Don’t

  (inaudible) the voice of my community. We are here

  because we care of upper Manhattan.

          Thank you very much for your patience.

          ASSEMBLYMAN PARMENT: Raquel Batista.  Mimi Minie.

          MS. MINIE:  Good morning. My name is Mimi Minie

  and I reside up in Washington Heights, northern

  Manhattan. I don’t have a written statement. I do say

  that I object the proposal. It is showing us that our

  district is going to be divided. I think that what Mayra

  Linares says about the population of our community

  growing shows that we do need some representation. I

  strongly urge for this proposal to be rally looked at and

  see that we do need representation.

          Thank you.

          ASSEMBLYMAN PARMENT: Donnys Sanchez. Francisco

  Chapman.  Sidney Schatzman.

          MR. SCHATZMAN:  I would like to just say good

  morning to the distinguished members of the task force. I

  want to thank you for giving me this opportunity to

  testify this morning. I am Sidney Schatzman. I am a

  resident of Harwa Terrace, it’s a Mitchel Lama co-op in

  the Gravesend section of Brooklyn. I am presently on the

  senatorial 22nd district. That is Senator Seymour

  Lachman’s district. I am on the board of directors of

  Harwa Terrace and the Executive Vice President of

  Assemblyman Bill Colton’s Progressive Democratic Club.

  Senator Lachman has been our State Senator for seven

  years. He has served our community superbly and we

  certainly do want him to continue as our State Senator.

          Unfortunately under your redistricting proposal

  my segment which is presently the 22nd Senatorial

  District looks more like a cooking manual the way it was

  sliced and diced. I will go into detail shortly. My

  development Harwa Terrace has been put into the

  senatorial district 19, the new Senatorial District 19.

  Here is Harwa, here is the new district. Almost to the

  end of that wall.  It’s non-compact, and has very few

  common interests in terms of my development and my area.

          Additionally going slightly five minutes to the

  right we have Waterview and Cottello Towers also Mitchel

  Lama co-ops like myself. They were put into the proposed

  23rd Senatorial District.  Which was described to you

  earlier. However it extends form Staten Island through

  Dyker Heights, Bay Ridge, parts of Coney Island,

  Bensonhurst, Brighton Beach and Sea Gate.  Very diverse

  and a very wide spread district.

           The point that I want to make I am going to show

  you in an example. Senator Lachman was the chairman of a

  transportation committee. They wanted to revamp the B

  line. That’s in our entire area of Brooklyn.  He chaired

  that committee when they were doing reconstruction on the

  Manhattan Bridge. This train impacts my entire community

  in terms of people going to work. Very emphatically they

  cut out the stop to Grand Street which affected the

  entire Chinese community in my area which is very

  diverse. As a result of his efforts, thank God, they have

  revamped it basically to the way it was with very

  inconvenience to the riders as opposed to a one hour

  extra trip, it’s only ten extra minutes.

          I am sure the way you have divided up the

  community now my development in district 19, Senatorial

  District 19 the other parts of my district to district

  23. Coney Island and minority areas to district 23 as

  well.  That would never have been effectuated had the new

  redistricting taken place with a graphic example.

          What I am asking all of you now to reconsider is

  to keep my community as other communities in Brooklyn

  with common interests, population diverse such as my own

  and put them and maintain them in the community as we now

  have them and preferably under our present State Senator

  Seymour Lachman who as I said has done an outstanding

  job.

          I thank you very much. Do any of you have any

  questions?

          ASSEMBLYMAN PARMENT: Be Akselrod.  Mr. Akselrod?

  Edward Ma. Te Revesz R-E-V-E-S-Z. Councilman Angel

  Rodriguez.  Don Lee.

          MR. LEE:  Good morning. My name is Don Lee and I

  am a member of Community Board 2 in Manhattan.

  Considering redistricting happens only every ten years, I

  along with many my fellow citizens and Community Board

  members are extremely disappointed that the redistricting

  process is voter unfriendly and in many ways not

  conducive to open public participation.

          I grew up and attended the public school system

  in the neighborhood of lower Manhattan which is better

  known for its political apathy than its history and

  contribution to the city.  I also work and live in lower

  Manhattan with my wife.  This working class neighborhood

  is called lower east side and Chinatown.  Its because

  this alleged political apathy elected and appointed

  government officials as well as public utilities have

  used it as an excuse to ignoring the needs of these

  communities.  I think the problem is more than political

  apathy.  The fact is that our community is divided at all

  levels of representation including community boards.

  Likewise the lack of support and the problems voters in

  our community continue to encounter on Election Day are

  major contributors to what is perceived to be political

  apathy.

          The lack of representation contributed to the

  uneven and unfair distribution of attention, resources

  and funding to our community.  The continue decay of

  Columbus Park, the 20 and counting years to repair the

  Manhattan Bridge, the continue take away of community

  spaces for unwanted institutions like detention centers,

  jails and drug rehab centers and an example of having the

  garbage pick up only once a day on weekends in Chinatown

  are examples of this neglect.  It is an outrage that the

  last meaningful community development project in

  Chinatown was Confucius Plaza of more than 20 years ago.

  Likewise the Public School 124 according to its principle

  Mr. Cooper was built entirely by private funds.

          While political participation is important, equal

  and more important is the need to define districts that

  can truly bring people of common interests and needs

  together. Our community has been divided for far too

  long. I urge the task force to ensure that the

  constituents that are of similar demographic interests

  and economic status growth patterns and needs are kept

  together and not divided.

          I urge the committee to reexamine and to readjust

  the boundaries of the proposed 64th A.D. and the 27th

  Senate District.

          The recommended changes for a proposed 64 A.D.

  are the following. I urge the task force to examine

  perhaps removing the area south of Chambers Street and

  that of the Grand Street housing on the far eastern part

  of the district to another A.D.  And substituting by

  expanding the A.D. northbound.

          My recommendation are based on the following

  observations. The growth of Chinatown and the lower east

  side will continue to move north.  The residents in the

  area  north of the current districts are of similar

  economic status and likewise social, economic,

  educational and transportation needs.

          The other point is that the various organizations

  have already factually made the determination that the

  area south of Chambers Street is not similar to any other

  part of lower Manhattan.  For example New York City

  Partnership study and its grant program is limited only

  to the area south of Chambers Street. Likewise the

  welcome to downtown promotional campaign is also limited

  to the area south of Chambers Street just as the

  Reconnect to Lower Manhattan campaign sponsored by the

  Downtown Alliance.

          Point three is the Grand Street Residential

  complex is an established community that is more similar

  to the residents of Peter Cooper Square and Stuyvesant

  Town.  One more minute.

          The recommended changes for the proposed 27th

  Senate district is that to connect the current district

  to that of Sunset Park in Brooklyn instead of the

  Financial District.  Clearly the growth of Sunset Par and

  the 8th Avenue area is the extension of Chinatown and the

  lower East Side. The private commuting vans that runs

  between these communities, the lights manufacturing

  facilities, garment industries and food suppliers clearly

  demonstrate the similarities of interest, employment,

  patterns and needs.

          The redistricting process is designed to bring

  communities together and to ensure proper representation.

  It benefits the city and each community.  As our

  community continues to be more active in the political

  process let’s make sure that the new districts will allow

  for the election of representatives that can truly speak

  and work for each of our diverse communities.

          Thank you very much.

          ASSEMBLYMAN PARMENT:  Rabbi Chaim Waldman.

          RABBI WALDMAN:  Thank you for giving me the

  opportunity to address you today. I am the chair for the

  (inaudible) community of Greater Bensonhurst. What we are

  here today is to express some concern regarding the newly

  drawn senatorial lines. We were splendidly represented by

  Senator Seymour Lachman. We are connected to the same

  senatorial district as our brothers and neighbors in

  Borough Park. We have one unified voice.

          What has been happening now according to what we

  see on the proposed new senatorial lines that we will be

  split in three different ways and into three different

  communities. That will greatly undermine our voice in the

  legislator.  What people believe is that our elected

  officials are representatives of the people from their

  communities. If we will be split the way we are we won’t

  have a unified voice to anyone to turn to and therefore

  the elected senators who ever may be will not be able to

  represent us as well.

          What we hope and pray is that these lines that we

  see now are what it says on top of it, proposed lines and

  you will take into advisement our concern the concerns of

  the constituent and work it out that Bensonhurst should

  be able to be still connected with the same state senator

  as Borough Park and more like what it was before.

          Than you very much for your time.

          ASSEMBLYMAN PARMENT:  Ramon Bodden.

          MR. BODDEN:  Good morning. I actually live in

  164th Street in upper Manhattan.  During many years I

  have been a community activist in the Dominican and

  Latino communities. I am also a well known journalist.

  For those who only have a limited knowledge of the area

  located between 151st and Marlboro Hill it is obvious

  that that community whose majority is of Latino descent

  but when you can find other ethnic groups has brought

  social economic and common base and those groups living

  together have functioned very well through decades.

          To create three different Senatorial Districts

  would only serve the cost of (inaudible) and the

  weakening of that prosper community. We need a strong and

  clear voice in the city and state government.  We need a

  united senatorial district.  We shall struggle by all

  possible legal means against that unfair proposal.

          Thank you very much.

          ASSEMBLYMAN PARMENT: Harry Steiner.

          MR. STEINER:  Good afternoon. My name is Harry

  Steiner. I am not here at the invitation of Senator

  Lachman. I am the President of the Strong Owners of

  Bensonhurst which is 135 store owners which equates to

  $215,000,000 in commercial property that I am in charge

  of. I live in Bensonhurst 65 years.

          The object of sometimes to learn a lesson is to

  look back and understand our history. We have

  fragmentation whereby Councilman Otto who I voted for,

  even though he is a republican and I forgive him to get

  him into office because I felt he was the man. I vote for

  the man and not the party.  There was an (inaudible) that

  helped.

          I have commercial property at 2300 86th Street

  that came under Councilman Otto’s jurisdiction. My home

  being at 2035 83rd Street came under another Councilman’s

  jurisdiction. Somewhat confusing.

          One of my tenants had a problem getting a permit

  from the Limousine Department thanks to a Howard Foyer an

  appointee nonetheless. I tried to intercede on my

  tenant’s behalf. Sending faxes over to Otto’s office was

  like whistling in the wind. He had as satellite office I

  recall being at 18th Avenue. When I went there on six

  different occasions, once only once did I find some one

  there, actually there by the grace of God.

          Now here we are we are going to take a Senator

  who is revered in Bensonhurst by (inaudible) as I told

  you we have $215,000,000 in encompass. We are going to

  fragmentate our area.   For what purpose and to what end?

  We have Russians coming in. We have Chinese coming in. We

  have Muslims coming in. We have Jewish people here and

  Italians. How are we going to get proper representation

  by Councilman (inaudible) office was in Staten Island.

          Every time you try and call out to make an

  appointment with Councilman Otto, NYU graduate, it was

  ridiculous. You could never get an appointment with him.

  It was like trying to get an appointment with the

  President of the United States. I think it would have

  been much easier. Here again you have a good Senator. He

  is doing a good job. The same goes quite simply if it

  works don’t fix it.

          Thank you.

          SENATOR SKELOS: That completes our list of

  scheduled speakers. People that have signed up. Does

  anybody else wish to speak at this time?  You’re on the

  list?  Okay. You know what I am going to do I am going to

  run through the list of people that weren’t here that way

  we can do it in an orderly fashion.  David Galarza G-A-L-

  A-R-Z-A.  Guillermo Linares.

          MR. LINARES:  Good afternoon. My name is

  Guillermo Linares.  I am Deputy Public Advocate for the

  City of New York and former New York City Council Member

  of District 10 in northern Manhattan.

          I would like to thank the New York State

  Legislative Task Force for affording me the opportunity

  to testify today.

          To being I would like to express my dismay over

  the short period of time that was allowed for community

  participation in these important hearings. To make

  matters worse the time of the day that was selected made

  it practically impossible for the majority of people to

  participate.

          Eleven years ago New York City was engaged in a

  redistricting process following the 1990 census. Along

  with many representatives of my community I participated

  in a hearing like this one urging the redistricting

  commission to establish a new city council district that

  would allow for the new majority in northern Manhattan to

  elect its own representative. That district was created

  and in 1991 I became the first Dominican American elected

  to higher office in the United States.

          Today, I appear before you to request the

  approval of a non-discriminatory plan which calls for the

  creation of a new Senate district encompassing Washington

  Heights, Inwood and Marble Hill in northern Manhattan and

  the Highbridge section of the west Bronx.

          I want to register for the record my strong

  opposition to the proposed redistricting plan. This plan

  violates Section 2 of the Voting Rights Act of 1965 and

  the Equal Protection Clause of the 14th Amendment. The

  Senate majority’s plan fails to create the additional

  compact district within the Hispanic and specifically

  Dominican majority that could have been created in

  northern Manhattan and the west Bronx.

          Instead the proposed Senate plan would have

  northern Manhattan scattered among three Senate

  incumbents. Each of them representing only a small

  portion of their respective districts.

          For example Senator Olga Mendez would represent

  the eastern portion of Washington Heights while the bulk

  of the population in her district is in East Harlem and

  the south Bronx.

          Senator David Paterson has the southern section

  of Washington Heights while the vast majority of his

  population is in Central Harlem.

          Senator Eric Schneiderman has the western portion

  of Washington Heights all of Inwood and Marble Hill while

  the majority of the population of his district would be

  in the Westside of Manhattan and the Riverdale section of

  the Bronx.

          With this fragmentation of northern Manhattan and

  will all due respect to all three Senators, under your

  proposed redistricting plan the community will not be the

  central focus of attention. In addition none of these

  incumbents would be put in jeopardy if the areas of their

  district in northern Manhattan were to be removed.

          In a moment of crisis such as the disturbances in

  Washington Heights resulting from tensions between the

  community and the police in 1992, the blackout of two

  summers ago, the World Trade Center terrorist attack, and

  the tragedy of Flight 587, the community must be able to

  step forward with its elected, religious, civic and

  business leadership to provide the appropriate response.

  Denying the community the opportunity to elect its own

  elected representatives to the state Senate would

  undermine its ability to face its challenges and to

  improve its condition.

          The state Senate redistricting proposal

  previously submitted to the task force by the Latino

  Voting Rights Committee of metro New York and other

  prestigious institutions demonstrate that an additional

  compact district with a Hispanic majority could have been

  created while preserving the existing Hispanic and black

  majority district in a more compact form than at present

  and abiding by other objectives redistricting principles

  such as one person one vote, contiguity, compactness,

  preservation of existing political subdivisions,

  preservation of communities defined by actual shared

  interest and all of the requirements of the federal and

  state constitution. I am almost done.

          The Hispanic Federation issued a report released

  March 12th, this week 2002 on Latino Participation in New

  York City which reflects Washington Heights, Inwood and

  Marble Hill experiencing the largest gain in Latino

  registration in any neighborhood in the city. The two

  Assembly districts covering the area, the 71st and 72nd

  have increases of 9,413 and 17,940 respectively. In fact

  the 72nd Assembly district now ranks as number one

  district with Latino registered votes after being eighth

  just ten years ago. It is evident in this report that

  Latino participation particularly Dominican’s in northern

  Manhattan have experienced a dramatic rise which is one

  more reason for creating this new Senate district.

          I am presenting the task force with a copy of the

  Hispanic Federation report to serve as evidence of the

  increase political participation in the northern

  Manhattan and west Bronx communities as well as in the

  City of New York.

          In conclusion, the state legislature should

  create a compact Hispanic district in northern Manhattan

  and the west Bronx. Should the legislature insist on

  enacting this deeply flawed and discriminatory proposal,

  Governor Pataki should exercise leadership by vetoing it.

  And should that not occur, we would be prepared to take

  this matter to court.

          Once again thank you for the opportunity to

  testify.

          SENATOR SKELOS: Esmeralda Simmons.

          MS. SIMMONS:  Good morning or I should say good

  afternoon.  I am the Executive Director of the Center for

  Law and Special Justice. Today though I have given you

  written testimony I will attempt to sysinically present

  our case to you as to why we believe that there have been

  serious errors made by your task force in the manner in

  which it has conducted the redistricting.  Secondly

  giving criticism and comments on both the Senate and the

  Assembly plan.

          In regard to our general objections. At the last

  hearing you had in New York City, particularly the

  Brooklyn hearing I testified on behalf of the Center for

  Law and Social Justice in regard to what type of

  dissemination we thought the task force should give to

  the general public.  I am happy to say many of the things

  that we suggested such as electronic (inaudible) things

  we have suggested have not occurred.  I will speak to

  those which are more pertinent.  Specifically    the

  proposed lines that have been disseminated electronically

  have not been readily accessible in hard copy form. Since

  there is such a thing as a digital defy that does greatly

  affect communities of color and protective class members

  we feel that the lack of having accessible hard copy

  copies of the plan you have proposed have prejudiced all

  of those people who are interested in the plan.

          Secondly the lack of availability of the

  assignment lists for the various districts that you have

  proposed have also prejudiced any type of real assessment

  of the plans that you have made and make comparisons of

  those plans to other plans exceedingly difficult if not

  impossible.

          The third thing I would like to state which is

  general in nature is that we are very distressed by the

  fact that you have not as yet released the congressional

  lines. I know this is not a new comment to you. But the

  failure to release the lines and to have the hearings for

  the congressional lines concurrent with the Senate and

  Assembly lines is also detrimental to all New Yorkers and

  obviously to New Yorkers in the protected classes and

  covered territory under the voting rights act.

          We now would like to turn our attention to what

  we believe has been the retrogressive affect of the

  Senate plan as proposed.  The Senate plan dies create 62

  districts. First obviously the fact that it was not

  noticed to the public that there would be 62 rather than

  61 districts gave all folks who attempted to submit plans

  an erroneous presumption as to the nature of the

  districting that was going to take place. Leaks and

  information in the press does not equate to official

  notification by your task force of the fact that you are

  attempting to use 62 seats, draw 62 seats for the Senate.

          Going to retrogression we would like to bring

  your attention to the fact that we believe the Senate

  plan harms the black voters of New York City. All of our

  comments that I am making here today are focused on the

  New York City area. We are not speaking of upstate or

  even Long Island.  We believe that the Senate plan even

  though it has increased the number of seats has not

  increased the number of black districts that it proposes

  proportionately to what we had before. I presume that

  means my time is up.

          I have submitted my testimony. Obviously I am

  open to any questions that the task force will have.

          MR. HEDGES: Just a couple of small things.  The

  assignment list is available if you would like to get

  one. Certainly hard copies of the book are also available

  if you would like to get one.

          MS. SIMMONS: That’s not –- I am glad to hear

  that. I am delighted to hear that.  We have asked for the

  assignment list before and we have been told that it is

  not available. Certainly not available online. Nor have

  we been told when I asked for a copy of the hard copy it

  was told it was not available.  We’re delighted. We’ll

  take it. I hope you give it to everybody.

          MS. LEVINE: Esmeralda with all due respect, I

  know you for along time.  As far as I am concerned I

  wasn’t aware that you called the Track Block Assignment

  list was made available the minute the districts were

  released. Anyone who called was given a copy. I think

  Luther Blake was actually given a copy but he is not here

  of course and we wish him well on a speedy recovery.  As

  far as the books are concerned we immediately released

  the book as Roman said and they are available if you call

  the task force. Many people have and we have gladly given

  them away along with the Track Block Assignment list.

  They are also available in Albany just so you know.

          MS. SIMMONS: Okay. Thank you. In that case

  obviously I was in error in regard to that. I was told by

  one of our technicians, not Mr. Blake that he was not

  able to get the assignment sheet and someone else in my

  office called about the book and was told it was not

  available. I think that might have happened when you were

  changing the book.  We asked for it and we were told it

  was not available. It was only going to be given to the

  legislators.

          MS. LEVINE: It was produced in Albany so my

  office had to wait to receive it.

          SENATOR DOLLINGER: Can I just ask you a question?

  Can you just complete the thought that the buzzer

  interrupted you on with respect to the impact of the

  Senate plan on black voters in New York?

          MS. SIMMONS: Certainly.  Delighted. Retrogression

  in our opinion applies not only to total number of

  districts but also to proportional size of the, the

  proportion that a protected class of the districts that

  are being proposed.  Obviously since according to the

  plan we will now have seven Senate districts according to

  our count.  We had seven Senate districts before.  The

  total number of districts have changed. Our proportion of

  those districts has obviously been decreased and we claim

  retrogression.

          In addition I would also like to point out that

  there is dilution of black voting strength because of the

  way the plan has been drawn. I am sure you are familiar

  with the guidance (inaudible) that was produced by the

  justice department. If you are not I would be happy to

  give you the citation. 42 U.S.C.1973 C Notice Federal

  Register Volume 62 Number 12 page 5412 of January 18,

  2001.  In that notice the justice department gave notice

  to all jurisdictions covered by Section 2 that it would

  Sclosely examine the process by which the plan was

  adopted to ascertain whether the plan was intended to

  reduce minority voting strength and where a drastic

  change had not sufficiently produced sufficient evidence

  to demonstrate that the plan was not intended to reduce

  minority voting strength either now or in the future. The

  proposed redistricting plan would e subject to a subject

  5 objection.

          Across the city but particularly I am focusing on

  a Brooklyn area.  District 19 and district 20. The way

  those areas were cut changing in fact the commonality and

  the compactness of black areas, Brownsville, New Locks in

  addition to black areas in the northern part of central

  Brooklyn. Those changes are diluting the strength of

  minority voting rights. I believe, as we have already

  brought litigation that we will be bringing these matters

  up before the justice department and obviously before the

  courts that are presently involved.

          SENATOR DOLLINGER: Thank you.

          MS. SIMMONS: Your welcome. Any other questions?

          SENATOR SKELOS: Just make on comment.  You have

  had some very novel theories of law that you have

  discussed today. I would just like to point out that when

  you mentioned in your testimony that the question of 61

  or going to 62 seats should have been pre-cleared by the

  justice department. We’ve met with the justice

  department. They indicated that they would only pre-clear

  final legislation approved by the Governor and then sent

  to them.

          MS. SIMMONS: I understand that sir.

          SENATOR SKELOS: You may have a novel theory –-

          MS. SIMMONS: I understand that sir. Have you

  submitted it to the justice department for pre-clearing?

          SENATOR SKELOS: Well you didn’t hear what I said.

          MS. SIMMONS: I heard what you said.

          SENATOR SKELOS: Then you didn’t comprehend what I

  said.

          MS. SIMMONS: I comprehended it.  I disagree with

  what you say.

          SENATOR SKELOS: What I said to you is the justice

  department said they will not review a plan until it was

  passed by both houses, signed by the Governor a d then

  sent to them.

          MS. SIMMONS: I understand that the justice

  department does not review plans. I am not talking about

  a plan. I am talking about the change. The change was a

  change form 61 to 62. That was obviously contemplated by

  this task force.  You couldn’t have done it without

  contemplating it and putting it to work. The change which

  is in my testimony is what I am speaking to you. Not the

  plan. Obviously you have to submit the plan.

          SENATOR SKELOS: The task force right now is a

  proposal. It is not a final plan approved by the

  legislature.

          MS. SIMMONS: We understand that sir. I also

  understand that the New York State –- I am sorry

  continue.

          SENATOR SKELOS: If the election committee were

  reviewing legislation that would potentially impact a

  voting rights county there is no obligation by them to

  send that to the justice department to pre-clear it until

  the legislature and the Governor make the final

  determination. It is not different than here.

          MS. SIMMONS: With all due respect sir. Since the

  New York State Board of Elections acting as an executive

  agency, I understand that. Not as a legislative task

  force, is required to submit all changes to the justice

  department it is our contention that as an official body

  of the legislature, not legislative, not the legislature

  itself, but as an official body of the legislature, you

  should have submitted that change. We know about the

  plan. You should have submitted that change to the

  justice department and further you should have noticed

  everyone who was participating.

          SENATOR SKELOS: Great minds like you and I can

  just disagree there.

          MS. SIMMONS: Exactly sir.  We’ll be bringing that

  obviously to the attention of the justice department just

  as you claim you have.

          ASSEMBLYMAN ORTLOFF: Esmeralda can I follow up on

  that?

          MS. SIMMONS: Certainly. I am not trying to take

  everyone’s time that’s why I was pushing back.

          ASSEMBLYMAN ORTLOFF: You have heard my concern

  about upstate versus the City of New York.  It is the

  contention of a number of people upstate that the

  decision to apportion 65 seats to New York City and only

  64 to upstate must have been made prior to drawing the

  district lines much in the same way that you are making a

  contention.  I would wonder if I could pick your brain as

  I know you probably command much higher fee than I am

  prepared to pay you right now as a lawyer but –

          MS. SIMMONS: I am a public interest attorney.

          ASSEMBLYMAN ORTLOFF: God Bless you. Then I would

  hope –-

          MS. SIMMONS: It’s free.

          ASSEMBLYMAN ORTLOFF: Well good.  It’s worth far

  more than that.  I respect your mind. I would like to

  enlist your theory if you may and apply it as well to the

  Assembly plan. It seems to me that a decision to

  apportion one part of the state more votes than it is

  entitled at the expense of another part of the state that

  is entitled to more votes than you give it is likewise

  something that ought to be subject to review by the

  justice department in as much as it affects the counties

  which are include in pre-clearance. Would you care to

  comment?

          MS. SIMMONS: Obviously I don’t think there is any

  disagreement, certainly there is no disagreement on you

  that it has to be pre-cleared. But the size of, I will

  put it like this. The apportionment as well as the

  redistricting is a change that is part of a plan within

  the redistricting sense.  As such it should be submitted

  to the justice department after its either voted upon by

  the legislator or obviously not vetoed by the Governor.

  I don’t see that as a separate and distinct change the

  way I see the decision to change from 61 to 62 as a

  change.

          ASSEMBLYMAN ORTLOFF: I would just like to pursue

  that just for a minute because I may not see you again

  before this all goes to the justice department.  Would

  you agree with the contention that there must have been

  in a portion of 65 seats to the city before the district

  lines could have been drawn?

          MS. SIMMONS: Obviously you have to intend to do

  something before you do it.  So in that realm obviously

  it was determined by the task force or some members of

  the task force and staff to draw such a plan before it

  was actually proposed. The proposal of that plan does not

  in fact go before the justice department. You cannot act

  without intention. Not in this arena.

          ASSEMBLYMAN ORTLOFF: I fully understand that. It

  may be, it has been contended that the, what I regard as

  a malapportionment was merely the accidental result of

  applying some other requirements of the law.  That we

  just set out to apply the Voting Rights Act and whoops

  gee we ended up with 65 seats in the city.  Would you

  agree with that contention or would you agree with my

  contention that you had to have known how many seats

  before you began drawing it?

          MS. SIMMONS: I cannot tell you what criteria was

  in the mind of the drawers when they started to actually

  do the redistricting sir. I can’t say whether they were

  moving on the criteria that you claim that they state

  they were moving on or on some other intention. But since

  the Supreme Court seems to think that political interests

  is valid, as a valid concern, the fact that they may have

  moved on that and I am putting that in I am not saying

  that you are putting that in, I don’t believe alone would

  mean that this plan would be illegal.

          ASSEMBLYMAN ORTLOFF: Thank you.

          MS. SIMMONS: Thank you very much. I’m sorry do

  you have any extra copies. I might have given you more

  than ten.

          SENATOR SKELOS: Let’s see. Carlos Vargas.  Come

  on up.

          MR. VARGAS:  God afternoon Chairman Parment and

  Chairman Skelos and members of the task force. My name is

  Carlos Vargas. I am joined by Ms. Joanne Harry, Ms.

  Melissa Mark-DiBerrito and Ms. Gloria Conyones (ph). We

  are members of the members and supporters of Eat Harlem

  Common Ground.  We are today to comment on the proposed

  68th State Assembly State District and 28th State

  Senatorial District. We are members of East Harlem Common

  Ground. A civic non-partisan association vigorously

  committed to the political education and empowerment of

  the East Harlem community.  East Harlem Common Ground

  identifies issues, gathers information and seeks to

  present a global perspective on those issues to the

  community. Much of our work is done through educational

  forums, town hall meeting and workshops.

          Over the course past six  months we have been

  diligently preparing ourselves to participate in the

  redistricting process. First we have informed ourselves

  as to the different procedures that is the role of the

  task force, the use of census data, involvement of the

  legislature and the community. We then shared these

  concerns with the larger community.  We held an

  educational forum on January 19, 2002 where different

  segments of East Harlem, Central Harlem and Manhattan

  Valley section of the upper west side participated.

  Overwhelmingly the consensus was to create an Assembly

  district within the geographical boundaries of East

  Harlem. We want to have an Assembly district that is

  coterminous with Community Board 11, School District 4,

  the East Harlem Health District, the East Harlem Services

  Cabinet and the East Harlem Empire Zone.

          80% of the attendees to this forum signed

  petitions on January 19th expressing these thoughts, in

  letters written to the Executive Directors of the Task

  Force.  We will provide copies to you of those letters.

          We are dismayed and disappointed that the task

  force has chosen to ignore the spirit of our request, and

  drafted a proposed district that does not reflect our

  interest.

          We are here today to reiterate our request that

  the proposed new political lines of the 68th Assembly

  District be coterminous and inclusive of Community Board

  11, School District 4, East Harlem’s Health District, the

  East Harlem Services Cabinet and the New York State

  Empire Zone. These are the boundaries that the East

  Harlem community requested at our community forum.

  Basically the lines that we have traced ourselves would

  go beginning on 92nd Street and the FDR Drive going due

  west on 92nd Street to Fist Avenue then north to 96th

  Street.  On 96th Street we move west to Fifth Avenue. On

  Fifth and 96th Street we move north to 120th Street to

  include Marcus Garvey Park or Mt. Morris Park.  Then on

  Fifth Avenue going north to 131st Street on Fifth Avenue

  at that intersection move east to the Harlem River Drive.

  At 131st Street and the Harlem River Drive go east to the

  river to also include Randall’s Island and Wards Island.

          Why do we want these boundaries?  These lines

  contain a cohesive unit inclusive of health, education,

  economic development and city services.  It would allow

  state resources to be effectively drawn down to address

  the needs in these areas. To divide these services among

  different communities other than East Harlem, would

  defeat the intent of coterminous services and commonality

  of interests, indeed balkanizing the 68th Assembly

  District into sub areas and would create an unhealthy

  atmosphere of competition and rivalry.  As a result it

  would dilute and weaken East Harlem’s political power.

          In conformity with the wishes expresses around

  the 68th Assembly District we in East Harlem would also

  like to see the boundaries of the 28th State Senate

  District to be entirely inclusive of the 68th Assembly

  District as proposed by us her today. Even as the

  Senatorial District extends into the south and the

  southwest Bronx and Washington Heights.

          That is the extent of our testimony. We would be

  happy to entertain any questions you may have.

          SENATOR SKELOS: Do you have any questions? Thank

  you very much for being here.   Jackson L-E-D-D-S. Is he

  here? Marvin Cotton.  Welcome.

          MR. COTTON:  Good morning.  My name is Marvin

  Cotton.  I live in District 1.  I shop at District 2.

  It’s like I have the best of both worlds.  So in ways

  that I think that there is no need to have, to draw

  another line between the two districts, District 1 and

  District 2 because we don’t need an extra leader right

  now. We have enough. We have no need to have more leaders

  because it’s already confusing as it is for some people

  even for me.

          The reason I got involved in this state or city

  to come to speak for myself is because I have an eight

  year old daughter. I think you guys should think about

  the kids they wont have these problems that we are having

  right now. I hope I am not getting you guys confused.

          Because I believe that we don’t need no more

  representation than one, no more an extra leader at this

  moment in our district.  We have, sometimes I don’t even

  know who my leaders are in my districts because there are

  so many.  I don’t know how to say it. I am new at this

  stuff so you have to give me a little time. I guess what

  I am trying to say is that we don’t need to draw another

  line. We want to leave it the way it is right now, as it

  is. It’s good as it is right now.

          I heard the previous guys that were here from the

  lower East Side.  I live in the lower East Side.  That’s

  District 1 and part of District 2 is the lower East Side.

  There were some guys here before and they wanted to add

  extra representation. I believe you guys should think

  about it not to do it. Because the way it is right now is

  okay. We don’t want an extra Councilman right now.  We

  already voted for (inaudible)  Lopez whatever they are.

  We don’t need no more. We don’t need no more state, we

  want to keep right now the ones we have.

          I just want to say the reason I got into this

  thing to come speak here.  I usually ignore you guys.  I

  got enough listen from you guys in the newspaper and

  stuff like that. The reason I do it right not is because

  my daughter eight years old.  At least I try to be a

  voice so we don’t have to live at that apartment for ten

  years from now.  I am sorry my questions are like

  statements.  I don’t know. As you can tell my primary

  language is not English it’s Spanish.

          Like I say District 1 is not in need of another

  Assemblyman it’s in need of other things.  Mostly our

  schools. I don’t know what to you tell you because I am

  speaking from my heart. I am not speaking from no

  statement that I wrote a month ago. I am not coming here

  to attack you guys because I believe that you guys are

  doing a wonderful job. I believe that you guys are our

  leaders and that you represent us and that you will do

  the right thing. I am not here to attack nobody. I am not

  here to fight for other things.  The only thing that I

  would like to say the last, think about it District 1 and

  District 2. Because I am a republican. My wife is a

  democrat. I think we got the best of both worlds.  So I

  just want to tell you guys God Bless you and before you

  make any decision to think about it twice and you guys

  could work together.

          SENATOR SKELOS: You must have great dinner

  conversations.

          SENATOR DOLLINGER: Don’t stop advocating for your

  eight year old daughter too. She deserves a better

  future.

          MR. VARGAS:  Just remember Public School P.S. 110

  please. That’s where she goes.

          SENATOR DOLLINGER: Good luck.

          SENATOR SKELOS: Larry Sauer.  Vikki Townsend. Kay

  Roberts Dunham.

          MS. DUNHAM:  Good afternoon everyone. The task

  force and both my co-chairs Executive Director and the

  panel. Good afternoon everyone. I am Kay Roberts Dunham.

  Having resided in the in the borough of Brooklyn for 48

  years and I served on the Coney Island Hospital Coalition

  against privatization of the public hospitals.  Moving

  around in the south.  Briefly thank you to the Senate,

  the 22nd Senatorial District, Senator Lachman.  We did

  work on the Daffodil project in the fall. I did deliver

  the daffodils to Kingsborough College.

          Moving along back up in Manhattan transportation

  is an issue in Independence Plaza. At one of the hearings

  it was brought to my attention that 310 Greenwich, 80

  North Moore, 60 Harrison, and the other buildings  in the

  complex were separated. In Brooklyn that was brought to

  my attention. I have a huge complaint with the seniors

  getting transportation out of there.  It’s been worse

  since 9/11. It’s entrapment. They need to have their

  legislators and their politicians in place so that one

  politician won’t be doing one thing. The other politician

  will be doing something else in the area. I am trying to

  do something for them but I am residing in Brooklyn.

          The concern when we were up in the Bronx

  yesterday that the state prisoners may not be counted.

  The ones in upstate. The ones in Long Island. They may

  not be counted at their downstate address. I think we had

  an explanation on that. Then it opened me up to thinking

  that maybe the military, these are people that are away,

  people that are in home care, people that are in

  institutions. That their addresses may be out of the city

  lines. We may be losing people in the census by them

  being located in different parts of the state or being

  overseas and not being counted. That was a concern after

  we did the Bronx yesterday.

          Hello to, greetings to the 26th Elizabeth Kruger,

  27 Brooklyn and New York Marty Connor. Thank you for your

  assistance when I visited you office. 28 New York and the

  Bronx Olga Mendez. 29 Thomas Dwayne. 30 David Patterson.

  31 Eric Schneiderman New York and the Bronx. Assemblyman

  Gottfried. He has been very helpful to us on health

  concerns and moving around on the Hudson River which is

  one of my concerns.  65 Alexander Grannis. 66 Deborah

  Glick. Scott Springer 67.  Adam Clayton Powell 68. Edward

  Sullivan 69. 70 Keith Right.  Herman Farrell 71.

  Adrianna I can’t pronounce her last name 72.  John

  (inaudible) Ravitz in 73.  Jose probably Rivera 74.

  Ruben Diaz in 75.

          The proposed Senate and Assembly district limes

  2002 is available to you in Suite 2100.  You don’t need a

  phone number today right now because it’s in 250 Broadway

  which is where we are.  I just wanted to again stress the

  captions. It’s difficult to go through this book unless

  you know some streets as to really where you are. If you

  are in the New York County or Brooklyn or wherever. It’s

  a very serious. The lines, you have to redo the lines.

  It’s over. My time is over. I just want you to reexplain

  those figures to the people. Maybe you did it earlier

  today. But if you could just explain it to them I think I

  can get through the first three lines myself.  The census

  count and then I get lost at the bottom.

          ASSEMBLYMAN ORTLOFF: Actually consider those as

  two different pairs of numbers. The top one is the

  comparison of the upstate 55 counties to the New York

  City 5 counties. The lower pair is the comparison of the

  New York City 5 counties to the Long Island 2 counties.

  The colored numbers would be the proper Assembly

  apportionment of seats. 65 to upstate. 63 to the city and

  22 to Long Island.

          MS. DUNHAM:  The bottom figure is Long Island?

          ASSEMBLYMAN ORTLOFF: Yes maam.

          MS. DUNHAM: With the two counties –-

          ASSEMBLYMAN ORTLOFF: With the two counties.

          MS. DUNHAM:  And they have 22 seats?

          ASSEMBLYMAN ORTLOFF: They should have.

          MS. DUNHAM: In the Assembly.

          ASSEMBLYMAN ORTLOFF: This plan gives them only

  21.

          MS. DUNHAM: This is the Assembly?

          ASSEMBLYMAN ORTLOFF: Yes maam.

          ASSEMBLYMAN PARMENT: Nancy Walby. Helen Matthews.

  Ken Diamondstone.

          MR. DIAMONDSTONE:  Good afternoon. My name is Ken

  Diamondstone.  A resident of Brooklyn and the Chair of

  the Brooklyn Solid Waste Advisory Board.  Past candidate

  for the city council and a long tem member of Brooklyn

  Community Board Number 2.

          I am here today speaking on behalf of a tiny

  community situated along the Brooklyn waterfront and

  slated to be removed through redistricting from its

  neighbors and long time allies in the 52nd Assembly

  District. I am referring to Vinegar Hill. The newest

  smallest historic district in Brooklyn. With only about

  200 or 300 residents. It’s a community that shares with

  its neighbors very specific issues. Zoning, a proposed

  waterfront park, abundance or narrow streets and

  manufacturing buildings.  Vinegar Hill shares a common

  community board, a council member, a 197a plan, traffic

  and transportation issues, and historically the state

  Assembly district as its immediate neighbors to the

  south.  Namely DUMBO, Fulton Ferry Landing and Brooklyn

  Heights. These neighborhoods are also known by the

  acronym OBWA which refers to the Old Brooklyn Waterfront

  Association because of their common issues.

          Assemblywoman Milman has been an informed

  gracious and effective advocate fro these combined

  waterfront neighborhoods and is also working to address

  several common concerns. Among them the Con Edison Hudson

  Avenue Power Plant which is polluting these common

  neighborhoods.  The Brooklyn Navy Yard instead of Vinegar

  Hill should be the logical boundary for the district. It

  is the terminus to the north along the waterfront of

  these small evolving residential in quays. It would be

  great disservice to Vinegar Hill’s 300 residents to

  cleave it from its natural neighbors and allies.

          I urge that this small potentially vulnerable

  tiny historic district remain in the 52nd Assembly

  District rather than being transferred to the district

  represented by Assemblymember Lentol whose fine work

  dissented in Williamsburg and Green Point nearly a half a

  mile away.

          Thank you very much.

          ASSEMBLYMAN PARMENT: Thank you.  Alan Flacks.

  Congressman Meeks.  Marc Landis.

          MR. LANDIS:  Good morning. Good afternoon at this

  point. My name is Marc Landis. I am an elected Democratic

  Party District Leader form the upper west side of

  Manhattan.  I am also a member of Community Board 7 which

  encompasses the upper west side from West 59th Street to

  West 110th Street. Although my statement today is in my

  personal capacity. I am also a former chief of staff and

  counsel to Senator Lachman from Brooklyn.

          I am here today in opposition to the proposed

  Senate redistricting that has been described. The

  proposed redistricting is nothing more than a partisan

  attempt by Senate Republicans to preserve majority party

  status at the expense of unified Manhattan communities.

          All of us do understand and appreciate that the

  federal constitutional standard of one person one vote

  and the goals and standards set forth in the Voting Acts

  Act mean that legislative district lines will never

  precisely coincide with community boundaries. Still

  dividing the upper west side into three separate Senate

  districts, each containing a substantial portion of the

  upper west side reflects an effort to punish our

  community for our progressive political views.

          Apparently republicans have decided if they can’t

  remove our capable and popular representatives from

  office on the issues, they will try to sow confusion and

  dissent by making it difficult for my neighbors and

  friends to keep track block by block of the identities of

  their state Senators.

          As noted in this week’s West Side Spirit

  editorial, Carving Up the West Side will leave countless

  west siders wondering you the hell represents them in

  Albany. I have attached a copy of the editorial to my

  testimony for you.

          While some of our districts overlap slightly most

  upper west siders show common legislative and

  governmental interests.  We are primarily represented by

  City Council member, two State Assembly members, one

  community school district, one community board district

  and two  police precincts.  Clearly this new round of

  gerrymandering or perhaps bruno-mandering is payback to

  State Senators Eric Schneiderman and David Patterson many

  of their colleagues who believe that government should be

  more open and accountable to the people.

          The effort to redistrict the upper west side is

  only one example of this behavior. Many other communities

  have been similarly affected in northern Queens and

  particulary in southern and central Brooklyn.

          In the Frequently Asked Questions of your website

  you ask Why is the process important to me and to my

  community?  You then answer your own question stating it

  will determine how every citizen and community will be

  represented at the state and federal levels of government

  for the next ten years. It will also determine whether

  New York’s diverse communities will have sufficient

  political strength to elect candidates of their choice.

  At a time when so many public policy decisions affect the

  quality of our daily lives your right to fair and

  effective representation is crucial.

          We have the right to fair and effective

  representation as you point out as individuals and as a

  community.  I respectfully request that you reconsider

  your proposed Senate redistricting and reapportionment in

  Manhattan to create new districts that allow the upper

  west side to be represented again as one unified

  community in Albany.

          Thank you.

          ASSEMBLYMAN PARMENT: Thank you.  Questions?

  Carmen Quinones.  Roy Wasserman.

          MR. WASSERMAN:  Good morning. Good afternoon.  I

  am a volunteer board member and the Vice Chair of Common

  Cause New York. As many of you know Common Cause has been

  around 30 years. We have been a leading advocate for

  democratic reforms to political processes.  We are a non-

  partisan organization fighting for reforms on issues like

  those raised in the 200 Presidential election that are

  critical to realizing the principles of one person one

  vote.

          We have been a leader at the federal end of the

  New York State level on campaign finance issues,

  legislative and executive branch ethics rules,

  reapportionment, redistricting and other election related

  laws like same day registration and motor voter laws. We

  also have been consistent participants in civil and

  voting rights coalitions and in attempting to energize

  and mobilize all citizens to participate in our

  democracy.

          Before coming here I told my son I would be

  testifying at a hearing. He is ten years old.  His name

  is Benjamin. He asked me what’s the hearing about?  I

  told him well son republicans draw lines for the state

  Senate because they control the Senate and the democrats

  draw lines for the Assembly because they control the

  Assembly and each make sure that the respective parties

  will continue to control their chambers. My son asked why

  don’t they have someone independent do it. I said because

  then the result would not be predictable and each party

  would risk losing their power. My son said but in America

  that doesn’t seem right.  I said that’s why I am

  testifying.  By the way Ben thank you for helping me with

  the opening to my testimony. Is it okay if I mention your

  name would you mind?  He beamed and said no I wouldn’t

  mind.  He said as long as you mention my name.  I said

  sure. He beamed.

          What legacy do we want to leave him, leave our

  children? We teach them that honesty and fairness and

  integrity are part of our democracy but the message by

  example that we send them in the redistricting area for

  example is take advantage of your power, hold onto power

  and disillusion voters and suppress voter turnout. As we

  know as parents if we tell our children don’t smoke but

  we smoke in front of them they’ll probably remember the

  example and not what we tell them.

          As you know only 30 approximately of the 212

  districts in the legislature are competitive. That is

  those with enrollments of each party that are within 10%

  of each other.  It comes out to only about 14% of those

  districts. That’s under your proposed districts.

  Currently it’s only about 29 of 212. These are based on

  your own statistics as crunched by New York Public

  Interest research Group and endorsed by my organization

  Common Cause New York and by the legal Women Voters.

          The other 86% of the Assembly in the Senate’s

  district have unbalanced enrollment. So the results are

  almost completely predictable. The party with the lower

  enrollment stands little to no chance historically of

  capturing a seat. The voters in the out party, in these

  districts, traditionally feel disempowered.  They lose

  their sense of ethicacy. They stop voting. The imbalance

  becomes accentuated and democracy suffers.

          In essence what we have is an incumbency

  protection act. As you know only 25 incumbents have lost

  their seat in the last five general elections.

          Our organization is well aware that many parts of

  New York is virtually impossible to construct district

  lines that are competitive.  At least in terms of

  competition between the two major parties. But even when

  one analyzes these New York counties that have more

  competitive voter enrollments, many of the state

  legislative districts are still uncompetitive.

          Furthermore, when we examined party enrollments

  within those districts we found the current district

  lines appear to cluster or slit up communities based on

  party enrollments. There are alternatives.  Some states

  have non-partisan redistricting systems.

          The state of Iowa for example does have a non-

  partisan system of redistricting that could be followed

  in New York.  Civil service like technicians make the

  first draft of the district lines.  These staff are not

  allowed to consider incumbents home addresses or to use

  the party affiliation of voters in considering district

  lines. The proposed lines are sent to state lawmakers for

  approval or disapproval. The legislature is not permitted

  to amend the proposal. The courts are empowered to step

  in if there is no agreement.

          Common Cause looks forward to working with you to

  achieve this goal of a working democracy. I thank you

  again for giving me this opportunity to testify.

          ASSEMBLYMAN ORTLOFF: May I ask you a question?

          MR. WASSERMAN: Sure.

          ASSEMBLYMAN ORTLOFF: I have heard for about the

  last nine months now this number of non-competitive

  districts. I wonder if you could tell us which ones they

  are?

          MR. WASSERMAN: I don’t have in front of me the

  particular districts.   I know that when NYPERG did this

  study they based it on, I know the figures were supplied

  by your task force.

          ASSEMBLYMAN ORTLOFF: I understand their

  methodology. I may not agree with it. Bear in mind I am

  in the minority party. I am the one you are supposedly

  protecting here. I disagree with you contention and I am

  just wondering ho much you have that you really know

  about this.

          MR. WASSERMAN: What I do know is they looked at

  registered republicans and registered democrats in each

  district. They have looked to see what the imbalance was.

  They had ranges, 25 to 40,000. Less than 25,00. I think

  they consider competitive races with the number of

  enrollments from each party was within 10%.

          ASSEMBLYMAN ORTLOFF: Are there any competitive

  seats in New York City?

          MR. WASSERMAN: In New York City I think there may

  be one or two. As I said in my testimony we recognize

  that in some areas of the state it’s not going to be

  possible.

          ASSEMBLYMAN ORTLOFF: That’s out of 61 seats in

  New York City there are only one or two. Is it your

  contention that they can make more?

          MR. WASSERMAN: They could make more in areas of

  the state –-

          ASSEMBLYMAN ORTLOFF: No lets take it one step at

  a time.  Is it your contention that they can make more in

  New York City?

          MR. WASSERMAN: I don’t know the answer to that. I

  don’t have those kinds of statistics in front of me.

          ASSEMBLYMAN ORTLOFF: Let me be generous and say

  that you might be able to make five competitive given the

  enrollment that’s in the city. That would leave 56 that

  couldn’t even be included because of overwhelming

  enrollment of the democratic party in this city.

          MR. WASSERMAN: I seem to realize you can do the

  same thing upstate the other way.

          ASSEMBLYMAN ORTLOFF: I am getting there. What I

  am concerned about and I think it’s important enough to

  take the time of my colleagues and the public for a

  minute here. You repeatedly, your organization, the Legal

  Women Voters and NYPERG repeatedly again and again and

  again like a drum beat talks about 30 out of 212.  But it

  isn’t 212.  Because of voter enrollment in the city of

  New York you have to take out of 150 Assembly seats, you

  have to take about 56 that couldn’t possible be

  competitive because of enrollment.

          Now you move out to Long Island. It’s virtually

  impossible to make more than one seat or two seats

  democratic in Suffolk County. It’s just the enrollment.

  Yet most of those seats are competitive. Upstate Stuyben

  County it’s impossible to make a competitive seat there.

  It’s very difficult in the north country.

          I wish that for the benefit of the public, for

  the benefit of those if they listen to your

  organization’s belief that this whole thing is a

  conspiracy, you would eliminate the ones that can’t

  possibly be competitive. Maybe you make your case that

  there are only 30 out of 50 that are competitive. It’s

  really disturbing to me that you make those contentions.

          MR. WASSERMAN: If I could Assemblyman Ortloff I

  can tell you that I believe it was last year but I don’t

  have the exact date that the three organizations did

  submit an analysis to the task force.

          ASSEMBLYMAN ORTLOFF: They did.

          MR. WASSERMAN: They broke it down. I know that

  they gave examples for instance in Nassau County where

  the races could be made more competitively. They talk

  about how those districts are packed in how the

  republicans are concentrated in packs and how democrats

  split up. There are other areas of the state in their

  analysis which points this out in some detail while

  acknowledging their area of the state where admittedly it

  can’t be done because enrollments are so imbalanced.

          ASSEMBLYMAN ORTLOFF: Let me ask you a question.

  I’m sorry.

          MR. WASSERMAN: I am just going to ask you if

  members haven’t to take a close look at the analysis that

  was done that was supplied to the task force.

          ASSEMBLYMAN ORTLOFF: I have taken a look at it I

  was just wondering if you had.

          MR. WASSERMAN: Yes I have.

          ASSEMBLYMAN ORTLOFF: You mention the Iowa non-

  partisan plan. Do you have any knowledge of the outcome

  of that? Has the Iowa legislature, has Iowa ever adopted

  a plan put forward by that non-partisan group?

          MR. WASSERMAN: My understanding is that they have

  done so. It has been going on for a number of years. Not

  just the most recent cycle.

          ASSEMBLYMAN ORTLOFF: To your knowledge how many

  times has the legislature in Iowa failed to adopt the

  plan presented by the non-partisan group?

          MR. WASSERMAN: I don’t know the answer to that.

          ASSEMBLYMAN ORTLOFF: You might be interested to

  know that they never have. That the legislature has the

  final vote as you described and that each and every time

  the non-partisan group has put forward a plan, it has

  failed to win a majority of the votes and thus it could

  kick back.

          MR. WASSERMAN: What was the result after it was

  kicked back?

          ASSEMBLYMAN ORTLOFF: They did it again and it was

  kicked back again.  The result, the end result is that

  the so called shining example of non-partisan bodies

  drawing legislative plans has utterly failed.  Because it

  has found evidently that you can’t draw districts without

  taking into account politics. And that non-partisan line

  draws in the opinion of many lack the knowledge or the

  approach. I wonder if you would also –-

          MR. WASSERMAN: Let me just ask you a question

  because I don’t know. I am asking you. Since the rule is

  that it can’t be amended, eventually through this process

  of being kicked back and forth I assume the districts

  were approved.  So they were approved with a consultation

  of an independent body. Which I think most citizens would

  think is a fair and more transparent system than the one

  currently you are engaged in.

          ASSEMBLYMAN ORTLOFF: I guess I would comment on

  our system. This is just my opinion.  What you have here

  is a body of six members of this task force. We have been

  in consultation with literally dozens, hundreds of people

  who have appeared to us personally and by written

  testimony and have helped amend our plan.

          Finally I would just ask you to consider this.

  The Senate Chairman of this task force Senator Skelos was

  originally elected in this seat that was non-competitive

  for the other party.  It was said that he couldn’t win.

  He did. The other chairman Mr. Parment is repeatedly

  elected, he is a democrat, in the seat that is

  overwhelming republican.  Until this year now I believe

  your group classified his new district as competitive but

  it has not been.  My district is not one of your

  competitive districts. It’s a democratic district.

          Examples, there are so many examples that

  actually defy you basic assumption which apparently is

  nobody can get elected unless they are in the favored

  party. You are looking at three people, if Bill were

  here, when Bill returns, you are looking at three people.

  75% of the elected members on this task force are

  examples that people can get elected on the strength of

  their own abilities rather than on –-

          MR. WASSERMAN: Our position is that these

  exceptions prove the rule. Because if you look at the

  macro picture of how few incumbents have lost in the last

  few decades and you look at how long each party has

  controlled the respective chamber, I don’t know that your

  particular examples is in the end make difference to the

  point that we are trying to make.

          ASSEMBLYMAN ORTLOFF: I won’t belabor the point

  any longer. But I think I would just ask you all in

  Common Cause and Legal Women Voters to think about the

  affect that your claims also may have on disillusioning

  voters. Because you’re exaggerating a problem and that in

  itself I think disillusions a lot of people.

          MR. WASSERMAN: Thank you for giving me this

  opportunity.

          SENATOR SKELOS: Elsa Figueroa-Apps A-P-PS.  Mario

  Johnson.  Jonathan Jacobson. Joyce Hackett.  Vitaly

  Sherman.  John Quinn. Savona Bailey-McClain. Juda Eisner.

  Marion Clever.  Sean Sweeney. Welcome.

          MR. SWEENEY: Welcome Senator and members of the

  Assembly.  Thanks for having me here today. My name is

  Sean Sweeney. I am the President of the Downtown

  Independent Democrat.  Since the early 60’s we have

  helped pioneer the lower Manhattan. Our district

  represents SoHo, NoHo, Tribeca, Battery Park City, parts

  of the lower east side and Greenwich Village, Ground

  Zero. We are very upset when we saw the redistricting

  lines. I am also an Executive member of Community Board

  2. I am the chair of the Landmarks Committee in the law

  redistricting as landmarked. I am also Director of the

  SoHo alliance.

          We were very upset when we saw the lines drawn. I

  am not going to crunch numbers with anyone because that

  is not my expertise. I do know the neighborhoods though.

  I do know a little bit on Manhattan politicians. I think

  there was something going on in the upper west side and I

  agree with Mr. Landis who testified about two people ago

  on the egregious division up there on vengeance. I won’t

  belabor his points.  But it is very obvious and it’s left

  everyone in this town which we thought we were, so

  everything pretty shocked at the divisions along the

  lines on the upper west side.

          There is also some talk on the Hispanic and black

  district up in the northern Bronx and lower Westchester

  but that’s not my neighborhood. I do know that redistrict

  on the lower east side has one senator representing who

  is know very well Marty Connor and Tom Dwayne is

  representative on the west side. And in respected

  neighborhoods.  This new line because of probably what

  you have done on the upper west side divides

  neighborhoods in half. Divides Ground Zero in half.

  Ground Zero has been represented by two senators.

          Independence Plaza the large residential complex,

  3,500 people live there will be represented by two

  senators.  They are through Mitchel Lama changes now and

  they need the help.  To give the community groups more

  work when they have already been through a lot is not

  right.  It divides SoHo a landmark district with a unique

  zoning district, the only district like it in New York

  City.  The arch is $10 billion industry in the city and

  we cannot have two senators representing us. There are a

  lot of business there and not a lot of residents that

  affect our development that is going on there.

          We strongly urge you to keep the lines downtown

  the way they had been.  Let us go on and let us try to

  recover and give us enough time to take care of things

  instead of having to do extra legislative work.

          Thank you.

          SENATOR SKELOS: Marion Clever.  Malin F-A-L-U.

  That’s number 51. Edward Garcia number 52. Peter Lau 53.

  Steve Strauss.  Welcome.

          MR. STRAUSS: Good afternoon members of the

  redistricting committee. My name is Steve Strauss. I just

  wanted to make a couple of comments about some of the

  lines on the upper west side of Manhattan. I am an active

  member of the Three Parks Democratic Club and have been

  active for about 20 years in that community.

          First I would like to say that in general I think

  everyone is very happy with the lines proposed for the

  69th Assembly District.  In 1992 the redistricting

  commission as you can see from this map took 7 E.D.’s off

  of the west side and placed them in the 68th Assembly

  District.  This year 2000 through the efforts of many in

  the Assembly we have gene able to get those E.D.’s back

  where they belong on the west side with the rest of their

  community.  We are happy that that has happened.

          I would like to ask that the committee take one

  look at one actually, one E.D. that it slipped into the

  67th from the 69th. That would be between Broadway, not

  Broadway, Riverside Drive and West End Avenue from 96th

  Street to 97th Street. In terms of sort of smoothing and

  contiguous lines it would be nice to keep that boundary

  on 96th Street.

          Which leads into another general comment that it

  would be great and this year’s redistricting seems to do

  that more than ten years ago. To keep major avenues and

  streets as boundaries. If you are active in the political

  process and I am sure this includes all of you and

  everywhere around the stare. If you could make a line, go

  down a logical boundary whatever street that might be or

  whatever or a river or something. It just makes it easier

  for those in the political process to explain to people

  what districts they are in.

          To some extent it’s even possible to have co-

  terminality. In the pre-1992 lines our congressional

  district and our state Senate districts both shared

  Broadway frequently in the west 90’s and west 100’s as

  the boundaries.

          I would urge that to the extent that you are

  legally allowed to smooth lines out that you consider

  that. It makes it a lot easier in terms of educating

  people and letting them know where they stand.

          In fact I would point out that the lines between

  the 30th and the 31st Senate District through the west

  90’s and the west 100’s again use a more rational line of

  moving up Broadway and then I think West End Avenue as

  opposed to the pre-2002 or the existing lines pop back

  and forth E.D. by E.D. up Broadway in a very confusing

  manner. It really when you are out on the street talking

  to people and explaining it to them you really can’t.

  It’s like the computer did it. To the extent that you are

  allowed within the deviations to smooth lines I think

  makes it better for everybody.

           I would like to make then just two general

  comments.  One just to back up the change in the, of

  moving the 7 E.D.’s back in the 68th I would also point

  out was endorsed or at least not objected to by residents

  of Eat Harlem Common Ground who were testifying about an

  hour ago on the 68th Assembly District as well.

          I would like to say in general it certainly

  appears from what we are reading in the press that the

  population growth in the state over the last ten years

  has been downstate and I think that that certainly

  justifies the shift in Assembly Districts and Senate

  Districts to a more downstate orientation. It seems hard

  for anyone to be able to get around that. Now whether New

  York City ends up with four additional Assembly Districts

  or three additional Assembly Districts nevertheless the

  population growth in the state has been primarily

  downstate and upstate has lost population. It seems to me

  constitutionally we are required to reflect that.

           I would also along those same lines I would

  oppose the increase in State Senate seats. I think that’s

  the (inaudible) for which minority voting (inaudible).

          Thank you very much.

          ASSEMBLYMAN ORTLOFF: May I just point out that

  upstate has not lost population.

          MR. STRAUSS: Well relatively speaking. In terms

  of the total population shifts at least what has been

  reported in the New York Times is that –-

          ASSEMBLYMAN ORTLOFF: You believe that?

          MR. STRAUSS: It’s all the news that’s fit to

  print right?  I mean we have data from the U.S. census

  bureau. I can either believed or not believed. But maybe

  upstate hasn’t lost population but it hasn’t grown any

  and the downstate areas have grown.  So the districts

  have to reflect that under the constitution.

          ASSEMBLYMAN ORTLOFF: Any nobody disagrees with

  that. Yet upstate still has 206,000 more people than the

  city.  And should have two more Assembly seats than the

  city. Not one fewer as in the plan proposed.

          MR. STRAUSS: I think that clearly goes to the

  issue of how much you deviate by seats. That’s something

  that you folks will battle out in your discussions.

          ASSEMBLYMAN ORTLOFF: I would just point out that

  your concern about smoothing lines is really about

  politics at the grass roots where people live and where

  you organize. The problem that we face is that the

  constitution since 1894 has required through the block on

  border rule that all the districts be exactly equal

  within a city.

          I would suggest that starting with you club and

  your neighborhood you start organizing an effort to repel

  the block on border rule. I think it would frankly do a

  great deal of good to bring communities together and make

  effective representation if some small amount of

  deviation were allowed. Unfortunately we don’t have the

  power to do that unless you help us change the

  constitution.

          MR. STRAUSS: I think within those limits there is

  some ability to smooth lines. It may not be as smooth as

  we would like because of that. Bit still if you look at

  the lines between Senator Patterson and Senator

  Schneiderman’s district, current districts along Broadway

  and the West 90’s and West 100’s you will see that they

  flip back and forth and the population differences

  between those E.D.’s are quite minor. I think that’s just

  the case of a computer drawing a line that could probably

  be hand adjusted with not much deviation in the district.

          ASSEMBLYMAN ORTLOFF: Have you tried it? You ought

  to try it sometime.  When you do it by hand you have to

  do that too.

          MR. STRAUSS: Okay.

          SENATOR SKELOS: What is Senator Patterson’s

  proposed district number?

          MR. STRAUSS: I believe it’s 30.

          SENATOR SKELOS: Thank you.  Michelle Scott.

  Welcome.

          MR. SCOTT:  Good afternoon. My name is Michelle

  Scott. I am representing Lloyd Williams who is the

  President and CEO of the Greater Harlem Chamber of

  Commerce who speaks for its board of directors and

  members.  I brought his testimony.

          Harlem is without question one of the best known

  and highly recognized communities in the world. Amongst

  other things Harlem is a formal and informal network of

  cultural, educational and religious institutions, fortune

  500 companies, small businesses and housing developments,

  parks and recreational facilities which create physical

  markers that define its historic place in New York and

  the nation and beyond. A review of the sites many of them

  with official and historical landmark designation offers

  the best argument that Harlem definitely requires a

  singular voice in New York State Senate.

          Cathedral Church of St. John the Divine,

  Riverside Church, St. Martin’s Episcopal Church, St.

  Phillips’ Church, Abyssinian Baptist Church, Convent

  Avenue Baptist Church, Malcolm Shabazz Masjid,

  Metropolitan A.M.E., Canaan Baptist Church, the Church of

  the Intercession, and the Church of Resurrection are just

  a few of the hundreds of religious institutions that add

  to the character and stability of Harlem.  These

  institutions not only meet the spiritual needs of the

  community but form important partnerships in the

  development of Harlem.

          Sylvia’s, Copeland’s Londel’s, Emily’s, The Flash

  Inn, Showman’s Café, Jimmy’s Uptown, Terrace Restaurant,

  Lenox Lounge and 22 West, and of course, the world renown

  Appollo Theatre and just some of the restaurants, night

  clubs and theaters that have not only prospered in Harlem

  but serve to shape the culturally identity of the

  community.  The worldwide renowned of some of these

  enterprises has made Harlem a tourist destination for

  visitors to New York from around the world.

          Lenox Terrace Apartment Complex, The Riverton,

  Riverbend, Lincoln, Harlem River, St. Nicholas and Grant

  Houses, Delano Village and Esplanade Gardens are but a

  few of the housing developments that have sheltered and

  nurtured generations of Harlemites. These developments

  are the bedrock of Harlem’s housing stock and require the

  undivided attention of a Senator to represent their

  interests particularly as Harlem undergoes unprecedented

  new development.

          The Studio Museum in Harlem, the Appollo Theatre

  and the Cotton Club on West 125th Street, the Schomberg

  Center for Research in Black Culture on West 135th Street

  and Malcolm X Boulevard, Aaron Davis Hall, the Dance

  Theatre of Harlem and National Black Theatre all fall in

  the lines of the proposed New York State Senate District

  30. A consortium of arts organizations representing some

  of these groups now lobbies together with one voice.

  It’s clear to our Chamber of Commerce now celebrating its

  106th  year of continued service to three upper Manhattan

  area that one Senator can better and more effectively

  serve a culturally coalition of this kind as a majority

  of the members are within a single Senate district.

          Situated among the aforementioned institutions

  that create the uniquely African American character of

  Harlem respected educational institutions like City

  College of New York, Barnard College, Bank Street

  College, Columbia University and Union Theological

  Seminary and important health care facilities including

  Harlem Hospital, Women’s Hospital and St.

  Luke’s/Roosevelt serve our community. With both education

  and health care being issues of critical concern to many

  of Harlem’s residents a singular voice in the Senate from

  Harlem will best serve to preserve and expand these

  services.

          The current State Senate District 29 serves

  communities beyond the boundaries of Harlem such as the

  upper west side to the south, Washington Heights to the

  north and East Harlem.  The needs and unique character of

  these communities receives the equal attention of the

  current State Senator.  Yet within the current and

  proposed district lines the entire breadth and width of

  Harlem remains intact.  The approximate boundaries of

  Harlem proper would be Broadway to Lexington Avenue and

  110th Street to 155th Street. This is the area that must

  be preserved in a single State Senate District.

          The Adam Clayton Power, Jr. State Office Building

  located at the corner of 125th Street and Adam Clayton

  Powell Boulevard sits at the center of the Harlem

  landscape. The continuity and cohesion of the

  institutions that surround this landmark have made Harlem

  the epicenter of some of the most significant cultural

  and civil rights movements in the history of our nation.

          Harlem has always had a State Senate District

  drawn to include these institutions. What is so clearly a

  distinct cultural and geographical entity should not be

  politically subdivided. It is also true that other

  communities have every right to share for themselves,

  what generations of Harlemites of every race, religion

  and color have crafted.

          Other neighborhoods in New York City particularly

  Washington Heights have also steadily evolved into

  distinct communities and equally deserve the

  representation of their own State Senator.  The desire

  for and design of such a district should not, however,

  result in the loss of a Harlem district. The current

  lines drafted by the legislature maintain a unified

  Harlem district.  Any future modifications of these lines

  should value this concept as well.

          I thank you for your time.

          SENATOR SKELOS: Thank you.  Any questions?

  Margaret Hughes.

          MS. HUGHES:  Good afternoon. My name is Margaret

  Hughes. I am the Executive Director at the Good Old Lower

  East Side. GOLES or Good Old Lower East Side is a

  neighborhood housing and community based organization

  serving the lower side. Our mission for more than 25

  years is to provide housing, advocacy, homelessness

  prevention and community revitalization through community

  organizing.

          In a recent New York Times article, yes we do

  often believe what it says in the New York Times, the

  article titled Redistricting Add a Seat, Gain an Edge by

  Richard Perez-Pena dated January 27, 2002 states that

  Senate subplots include a border tussle between two

  republican senators who want the same parts of

  Westchester County in their districts. Hopes of creating

  a district based in Bay Ridge Brooklyn that a republican

  might carry and thoughts of carving up the upper east

  side district that was represented by Senator Roy M.

  Goodman, a Manhattan republican who resigned this month

  to take a job.

          It seems to me that the New York Times is clearly

  pointing out that this is a partisan process. A process

  that at this time doesn’t seem appropriate for New York

  City. We wouldn’t expect that the state which we’ve

  learned from would do this to us. When we’ve learned how

  important we are to each other after the tragedy of

  September 11th.  New York City is an important and

  essential part of New York State. I think that that needs

  to be attributed and accounted for. Its diverse and

  growing population, yes New York City’s population has

  grown by 9.4% and probably more since many of the people

  who are undocumented or otherwise living in New York City

  may not have been counted in the census, deserve a

  proportionate representation in the New York State

  Senate.

          There are 20 overpopulated districts  which

  contain 77%  of the black voting age population in New

  York State.  82% of Latino voters, and 81% of the Asian

  voters.  The proposal then thus dilutes the voting power

  of four fits of the minority group voters of New York

  State.

          The fact that the proposal would change the size

  of the Senate from 61 to 62 districts means that then

  minority voters are being but out. They are going to have

  less influence as other people have stated in what

  happens in New York City and in New York State.

  Increasing of he Senate would then dilute their political

  influence.

          To remedy this we believe the legislature should

  create Senate districts that treat all regions of the

  state fairly. I think having the same number of people in

  each district would make sense.

          Reflect shifts in population between the 1990 and

  2000 census. That’s what reapportionment is about. It’s

  not a bout a partisan process as I understand it.

          Offset the differential undercount of minority

  groups instead of magnifying its effect.

          That we keep compact, communities with kindred

  interests together. This is important in terms of the

  Voting Rights Act and help citizens to work together and

  to work with their Senators in pursuit of their common

  interests.

          Include an additional compact Hispanic or Latino

  majority district in northern Manhattan and the Bronx.

          If this cannot be done by the legislature we hope

  that Governor Pataki will exercise his leadership by

  vetoing this process and creating a real democratic

  (inaudible) process of making this happen.

          ASSEMBLYMAN ORTLOFF: Mr. Chairman may I ask a

  question?

          MS. HUGHES: I feared that you would ask a

  question.

          ASSEMBLYMAN ORTLOFF: I am really grieved and I

  mean that sincerely. You express a concern for fairness

  and yet you direct all of your comments at only the

  Senate. It’s as though and I’ll speak frankly, it’s as

  though you have a blindspot to unfairness in every area.

  Why do you believe that City of New York ought to have

  more Assembly seats than upstate when upstate has 206,000

  more people?

          MS. HUGHES: As a born and breed New Yorker that’s

  a really easy question to answer.  Because we are sort of

  the world.  Maybe we’re very egotistical and self

  centered here but we do believe that we do represent the

  world. And as such we probably bring more power and money

  and more influence to New York State than the whole

  economy of upper New York does. That’s not because we

  don’t love Albany, we don’t love Rochester, we don’t love

  Buffalo, we don’t love Niagara Falls but New York City is

  the world.  Sorry.

          ASSEMBLYMAN ORTLOFF: That’s your answer to why

  you believe that you should have more seats than you are

  entitled to by one man one vote?

          MS. HUGHES: Well one person one vote I think is

  an important concept and I agree with that

  wholeheartedly. I think that therefore if the Senate and

  the Assembly divide the districts into equal proportion

  numbers I think we will still have more seats in the

  Assembly than upstate would. Or at least we would have

  equal numbers.  If you are talking about 22 seats for

  Long Island which has 2.7 million people it seems that, I

  will just kind of look at the math, I can’t figure it out

  but it doesn’t seem like the numbers add up there either.

  I am not clear about those numbers either to be honest

  with you.

          ASSEMBLYMAN ORTLOFF: The numbers add up. If you

  take the total population of the state and you take the

  population of each of those three regions and you divide

  it and then you multiply it by 150 it comes out almost

  exactly 65 seats for upstate. I mean look at it which one

  of those I the larger number?  8,200,000 or 8,008,000?

          MS. HUGHES: I think you have a good diagram

  there. I hope that that isn’t the only diagram that we

  will have shown here today.

          ASSEMBLYMAN ORTLOFF: I would point out that the

  most egregious unfairness in New York State in terms of

  one person, one vote existed for decades before 1964.

  The Senate for all time virtually has been a population

  based house. Prior to 1964 when the Supreme Court had to

  rule the New York State Assembly was governed by

  upstaters.

          In 1960 election New York City should have had

  about five or six more seats. Yet they had far fewer.

  Until the Supreme Court acted. I am not sure about the

  whole rest of the country but I know about New York.

  It’s hard for me to imagine in more egregious reason why

  the Supreme Court had to rule than the New York State

  Assembly prior to that date. It was patently unfair and

  the City of New York is living today with the vestiges of

  that historic unfairness. No question about it.

          Now since that date the Assembly has been

  apportioned by republicans and by democrats. In every

  single case the number of seats that they apportioned was

  right by the math. Until this year.

          MS. HUGHES: Can I ask a question?  Is it possible

  that if perhaps we agree to this proposal that you’ve

  made that New York City will then get the education

  dollars that it’s entitled to by the percentage?  That

  would be wonderful. Once we get our dollars that we are

  entitled to by the percentages that you are putting down

  we might be happy to talk about these kinds of things.

  But New York City is discriminated against by the State

  of New York in lots of different ways.  Unfortunately you

  are really well educated on this stuff and I have to say

  that I am not. That I would love to have a conversation

  with you when I have the opportunity to have as much

  information as you do.

          ASSEMBLYMAN ORTLOFF: I hope so. Mr. Chairman I

  tried to get some fairness for the Assembly.

          SENATOR SKELOS: Maria Siarra. Is Maria here?  Y-D-

  A-N-I-S Rodriguez.  Victor B-E-R-N-A-C-E. Miguel

  Palacios. Radames Rivera.  Roman Garcia.  Marisol

  Alcanttara.

          MS. ALCANTARA:  Good afternoon. MY name is

  Marisol Alcantara. I am a resident of Washington Heights.

  Before I beginning my testimony I would just like to give

  everyone a suggestion that maybe we should have these

  hearings in the afternoon or in the later part of the day

  so members of the community like it’s required they can

  have a voice on this and they don’t have to do what I did

  which is take off a day from work and school just to be

  here.  10:00 is not an appropriate time for members of

  the communities to come here and voice their opinion on

  something that is very important.

          My second point is that I am totally disagreeing

  and dissatisfied with the proposed Senate districts in

  upper Manhattan specifically Washington Heights. I don’t

  understand who in their right mind would divide a

  community that shares religious, they attend the same

  religious institutions, the same committee based

  organizations, the same schools into three separate

  districts.  28 Olga Mendez, 31 Eric and 30 David

  Patterson.  I just dilutes the voting power of the Latino

  community in Washington Heights but specifically of the

  Dominican community.

          What we have right now is that the proposed

  district would give each of these senators a little piece

  of Washington Heights. For example the chunk of Olga

  Mendez’s district would be in East Harlem. That means it

  would translate into exactly what she is doing now which

  is not paying any attention to the residents of

  Washington Heights.  In David Patterson the chunk of

  His district is concentrated in Central Harlem. Once

  again he ignores Washington Heights. The same thing with

  Eric.  I don’t understand why would you want to divide a

  community that shares interests. It’s not in terms of an

  ethnic group but a community.  We attend the same

  churches, parks and everything just because you want to

  satisfy the needs of the incumbents.

          In regards to the Senate district you have done

  the opposite of what you did with the Senate. You

  concentrated 84% of the Latino vote in one district, 72

  Assemblyman (inaudible). I know that members of my

  community and of the Latino Voting Rights Committee have

  spoke with Mr. Dennis Ferro, clearly I don’t know how to

  pronounce his name because he never comes to our

  community. So please understand that. We have spoken to

  Mr. Ferro and he does not want any lines to be drawn in

  his district. I must agree with members of the democratic

  party in the Bronx when they say he’s the worst thing

  that could happen to the democratic party.  Please put

  that on record.

          Putting 84% of the Latino vote in one district it

  dilutes the voting power of the Latino community. It’s

  unfair. It does not give us the opportunity to elect

  someone to office who would look out for our own

  interest.  I think all of us should remember that we are

  here to meet the needs and interests of the communities

  not of the incumbents.  We are not here to do favors. We

  are here to meet the needs of the community. The last

  time I checked the incumbents are not the only residents

  of these communities.

          Thank you very much.

          SENATOR SKELOS: Any questions?  Manuel Mendez.

  Raquel Batista.  Welcome.

          MS. BATISTA:  Good afternoon. My name is Raquel

  Batista. I am a student CUNY School of Law. I reside at

  651 West 190th Street in the Assembly District 72 and in

  the Senate District I am not too sure what the number is.

  It is either 20, 30 or 31. I am in favor of a plan which

  changes the geographic makeup of the current ADA and

  Senate District which increases the number of Latinos in

  our neighborhood districts.

          Today was the first time I actually saw what the

  proposed Senate and Assembly Districts are.  I seriously

  question why the communities being divided in a way that

  both dilutes and packs the Dominican vote. It does not

  serve the interest of Washington Heights and Inwood.  Nor

  of the neighboring Senate and Assembly District seats. It

  is obvious that these lines were not drawn with the

  community in mind but rather with existing political

  interests.

          The essence of redistricting and voting rights in

  general is to give the respective communities an

  effective and strong tool to be politically involved.

  This involvement ranges from campaigning voting to simply

  understanding the politics of one’s neighborhood, city,

  state and nation. Every ten years we get the opportunity

  to reinvigorate the political climate of our

  neighborhoods and changing the district lines will do

  just that. This reinvigoration was evident with the city

  council and the required term limits. Last summer

  Washington Heights felt that change and fervor when eight

  candidates ran for one post.

            In this same spirit changes to the Senate and

  Assembly District and the neighboring districts 71, 70,

  28, 30 and 31 will increase the political fervor. These

  seats are not lifetime posts or monarchy’s with right to

  heirs. I was born and raised in Washington Heights and

  Inwood.  I am what they call a second generation

  Dominican. I have witnessed that as the Dominican

  community in New York City grows so does it’s political

  involvement in local politics. Dominicans are here to

  stay. To retain the current AD and Senate Districts as

  they are or the proposed districts will only hinder the

  Dominican community growth. Maintaining the status quo

  will not allow for effective political involvement.

          The current and proposed Assembly Districts and

  Senate Districts seem to favor large institutions and not

  the people living in Washington Heights and in Inwood. It

  is also the past districts are outdated districts that

  fit the needs of the population as it looked ten to

  twenty years ago. Areas east of St. Nicholas and west of

  Broadway and no longer what they used to be. The

  Dominican and the Jewish population do work together and

  live together.

          The current Assembly Districts create confusion

  and so does the proposed Senate Districts amongst the

  residents of Washington Heights. Many believe that they

  automatically all live in the same district.  And also

  especially since the political leaders of other A.D.’s

  and Senate Districts do not make their presence known

  among the everyday inhabitants of Washington Heights and

  Inwood. Creating the 72nd Assembly District to extend to

  the east and west side will dissipate such confusion and

  also for the Senate District.

          The odd shapes that are currently proposed also

  call into question if it really fits the standard of

  geographic compactness and continuity. As the law and

  decision makers show us time and time again standard

  application can always be played with.

          The 72nd A.D. in particular up to now has

  fulfilled its objectives in giving Dominicans a political

  voice. However keeping it as such will only silence it

  not strengthen it.

          As you consider why to change Assembly District

  and the Senate redistrict consider the second generation

  Dominicans whose families have worked so hard to obtain a

  better life socially, economically and politically.

  Think of the enormous rate that Dominicans have become

  citizens and are politically involved both here in the

  United States and in the Dominican Republic.

          Also think of those who have fought for democracy

  that includes all of its citizens in effective political

  dialogue and decision making.

          Thank you.

          SENATOR SKELOS: Thank you very much. You must be

  doing very well at law school.

          MS. BATISTA:  Yes.

          SENATOR SKELOS: Any questions?  Donnys Sanchez.

  Francisco Chapman.  Bentzion Akselrod. Edward M-A. It

  looks like Te R-E-V-E-S-Z I think. Councilman Rodriguex,

  Angel Rodriguez.  Raysa Castillo. Maam I believe when you

  singed in there were a number of women that signed in if

  you want to bring them all up absolutely. I believe you

  represent the Dominican Women’s Caucus.

          MS. FRIAS:  Eduvigis Frias. (Inaudible).

          INTERPRETOR: I am here to ask for the creation of

  a Senate District of Manhattan in the areas of the Bronx

  where out people live.

          MS. FRIAS: (Inaudible).

          INTERPRETOR: In Marble Hill in Highbridge.

          MS. FRIAS: (Inaudible).

          INTERPRETOR: We are a community and such we wish

  for a representative in the Senate.

          MS. FRIAS: (Inaudible).

          INTERPRETOR: As a community we don’t have any

  power because we don’t have common representative.

          MS. FRIAS: (Inaudible).

          INTERPRETOR: We are a Dominican community and we

  are here to ask you to help us be more united than we are

  at the moment.

          MS. FRIAS: (Inaudible).

          INTERPRETOR: We need a Senator to help us unite

  us in the upper Manhattan and in the Bronx.

          MS. FRIAS: (Inaudible).

          INTERPRETOR: We as a Dominican community we are

  growing in the upper Manhattan and the Bronx and we need

  someone to unite us in everything we have in common.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: My name is Gnecia Rivas.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: I live at 607 West 190th Street in

  Washington Heights.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: I am here to ask for the creation of

  a Senate District in upper Manhattan in the Bronx.

          MS. RIVAS: (Inaudible).

          INTERPRETOR:  My family and friends we are all

  united in Manhattan and in the Bronx.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: My sons work in the Bronx and they

  live in upper Manhattan.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: My son who is a merchant has a

  business in upper Manhattan and also in the Bronx.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: My daughters who have studied in

  upper Manhattan work in the Bronx.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: We are a united family in upper

  Manhattan. In the Bronx I have family in the Bronx.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: I also have family in Manhattan and

  so as such we are a united community.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: We need a Senator who can represent

  us.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: So that when we have any problems we

  have someone that we can relate to.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: Our community, our family in

  Manhattan, the upper Manhattan and the Bronx we are a

  united family.

          MS. RIVAS: (Inaudible).

          INTERPRETOR: I belong to –-

          MS. RIVAS: (Inaudible).

          MS. CEPIN:  (Inaudible).

          INTERPRETOR: My name is Altagracia Cepin and I

  live at 509 170th Street in upper Manhattan.

          MS. CEPIN: (Inaudible).

          INTERPRETOR: I have come over here to with Raysa

  Castillo.

          MS. CEPIN: (Inaudible).

          INTERPRETOR: Again she is over here asking for a

  Senate seat because they all need it.

          MS. CEPIN: (Inaudible).

          INTERPRETOR: She also belongs to the Women’s

  Dominican Caucus.

          MS. CEPIN: (Inaudible).

          INTERPRETOR: She also belongs to an incorporated

  group which tends to have the same views as her.

          MS. CEPIN: (Inaudible).

          INTERPRETOR: We are here in Manhattan and mostly

  the Bronx.

          ASSEMBLYMAN ORTLOFF: Can I ask who is the present

  Senator that represents you?

          MS. CASTILLO: I will address that if I may. My

  name is Raysa Castillo.  I used to live in Washington

  Heights. I currently live in the Bronx.

          One of the problems and I believe it has already

  been stated but I will restate it. Is that the northern

  Manhattan community one community has three Senators.

  Eric Schneiderman was my representative when I lived in

  Washington heights. My mother who lived a few blocks away

  had David Patterson. My uncle who was five block away

  from us had Olga Mendez.

          There lies the main problem that the community is

  facing. We feel that we are not represented in one voice.

  We are speaking in one voice. We are organizing as a

  community.  By the community as it has been previously

  stated we mean northern Manhattan, Washington Heights,

  Inwood, Marble Hill and Highbridge.  Our community has

  grown to such a degree that many of our relatives and

  friends have moved from Washington Heights to the

  northwest areas of the Bronx.

          What we are asking and we believe honestly that

  this is very possible you could have created a Senatorial

  District that would make this community whole. That would

  ensure that this community would have representation in

  the Senate. It is possible I understand the argument

  about most of the growth being concentrated in upstate

  New York. You could create this Senatorial District that

  we ask you to create in light of the protection that

  minorities deserve under the law. It would not

  discriminate against other groups. It would ensure that a

  community that is behaving as one community in fact has

  one representative that could address their needs.

          I think it’s already in evidence that the

  community is behaving both commercially, culturally. They

  have the language in common. They have relatives that

  live on both sides of the river.  I think there is enough

  evidence to show there is one community. Now it’s up to

  you and I believe that you can create, you can correct

  the error of not having created the Senatorial District

  in upper Manhattan and in the Bronx.

          Just as a point of reference to illustrate my

  familiarity with the area that I am talking about. I am

  an attorney and I have practiced law, landlord tenant law

  representing residential and commercial tenants. Mostly

  from Washington Heights and from the Bronx.  I have also

  worked in many campaigns. I was in charge of getting out

  the Latino vote for Al Gore and Hillary Clinton and later

  worked in the Berman campaign. I have also worked in many

  races in the Bronx.

          I am familiar with the area. I am familiar not

  just as a Dominican American but I am familiar because I

  have worked in both areas and I am telling you that the

  community is active. The community wants to be involved

  politically. The community is ready.  The community now

  needs your assistance in creating the Senatorial

  District. You have support both in numbers, in the

  reality of the community and in the law to do that.  I

  urge you to do so.

          Thank you.

          SENATOR SKELOS: Thank you. Questions?

          ASSEMBLYMAN ORTLOFF: May I ask you a question

  please?

          MS. CEPIN: Sure.

          ASSEMBLYMAN ORTLOFF: With respect to the Assembly

  Districts. As I look at the map of northern Manhattan and

  I am only familiar with the area because I drive up

  Broadway to go home from like here. I can see some of

  what I see with my eyes but mostly what I see on the map

  is that the western part is primarily Hispanic and the

  eastern part is primarily African American. Does that

  suggest that the Assembly Districts could be divided say

  along that boundary as well and unite communities that

  are behaving as communities?

          MS. CEPIN: I think it more than suggests that.

  Although I am here to specifically address the Senatorial

  District yes.  I mean you can draw your own conclusions

  but it’s so obvious that you would notice it just driving

  on Broadway.

          ASSEMBLYMAN ORTLOFF: I guess what I am saying is

  I wouldn’t want to drawn an assumption based on looking

  as it were from the moon because you really do need to

  get close to it. But what I see from afar does reflect

  the reality on the ground?

          MS. CEPIN: Yes.

          ASSEMBLYMAN ORTLOFF: Thank you.

          SENATOR SKELOS: Javier Zavala.

          MR. ZAVALA:  Good afternoon. I am here to talk

  about the State Senate, to push for a state Senatorial

  seat for upper Manhattan and Highbridge because the

  community in which is Washington Heights, Inwood and

  Highbridge have become so united with ethnicity, the

  growth there, language and economy. They both, people

  from Manhattan commute to Highbridge for employment. You

  can see that by if you just stand on 181st Street where

  the bridge unites both areas.  You can tell from like

  8:00 in the morning until 9:00 at night you can see

  people transporting each other, MTA I’m sorry. I didn’t

  have a lot of time to prepare because my colleague was

  not here at the present moment. It would unite a Hispanic

  community all together because that’s what it needs.

          Right now it is divided by two Senators. I think

  it’s Assemblyman Schneiderman and State Senator I don’t

  know his name at the present moment. If we have at least

  one State Senator, a Hispanic State Senator he could see

  the problems. He can vision the problems that a Hispanic

  community would have and probably correct it at the

  present moment.

          That’s about it.  Thanks for your time.

          SENATOR SKELOS: That completes our list. Does any

  body else wish.  We’ll do it by hands.  I saw yours

  first. Sir your second. Your third and your fourth.

          MR. BERNACE:  Hello. My name is Victor Bernace.

  I heard my name was called before. I handed in the ten

  pages for the record. I am not sure if you have that. I

  apologize for being late. My name is Victor Almando

  Bernace. I reside at 100 Cooper Street in Inwood. I have

  lived in the community for the last 30 years. I grew up

  in upper Manhattan.  I lived in different parts. I have

  lived on the west part Riverside Drive. I lived on

  Sherman Avenue the northern tip.  I was educated in local

  schools.

          I am an attorney. I represent local residents.

  Solo practitioner. I also work in eduation. I was a

  teacher in the area. I have educated over 3,000 to 4,000

  students in the six, seven eight years I worked as

  teacher. I am the President of an educational service.

  Last year I ran for city council so I had the support of

  over 3,000 community residents who signed my ballot. I

  was endorsed by the Village Voice and so on.

           For my comments here today I want to give to the

  task force what I consider a funny story. I always tell

  my friends. It might not seem related to the districting

  column but it is in my opinion.

          The story relates to when I was going to high

  school growing up in the neighborhood.  I was really

  happy to be included in an honors program at my high

  school. It was called Law Honors Program.  You have good

  grades, good test scores they would put you in a program.

  We took law classes. I became a lawyer as you see. I took

  constitution classes, criminal classes. The funny part of

  the story comes as I ended up taking very strange

  classes. Classes in law related English, law related art.

  Eventually they put me in a class law related gym.  Just

  imagine right now I am playing basketball, throwing hoops

  and talking constitutional issues, making plea bargains

  and racing on the track. I was put in this ridiculous

  class.

          It wasn’t until a few years later when I was in

  college and I started thinking about it that I cam to the

  realization why that happened.  It was a situation where

  they had contorted, it was just a contortion of the

  reality that existed in the district. The school had a

  neighborhood that was mostly white. Most of the residents

  avoided the school. Mostly a minority school 80%, 90%

  Latino Hispanic. Most parents got their kids to go to

  Bronx Science Stuyvesant or a private school. But a few

  trickled into the school.  Parents in my opinion they

  were afraid. They didn’t want the students and school

  integrating. So they developed a law program.  All the

  white kids went into law program, a vast majority.  It

  was a way of preventing integration even in the state

  required courses, in gym, art, other subjects like that.

  It’s just a separation of the students.  You have the

  white kids all on the eighth floor.  And everybody lese

  on the other floors of the school taking classes. Even

  for gym there was a separation.

          To this day I always think about that.  I was

  lucky. They accepted me. I think I was just a token

  Latino that was put in the program to avoid

  recriminations against the school and the administrators.

  I think this has followed me all my life. When I was

  running for city council, I lost.  But when I was running

  for city council I had a similarly contorted district.

  It was council District 7. You have another one 10. I

  remember walking the streets and constituents didn’t know

  who represented them.  I had somebody who was running in

  a different district getting signatures in my district.

  Telling people not to sign for me. It was just confusion.

          Fro my comments to the task force that is what I

  am here to ask.  I ask as somebody from the neighborhood.

  I consider myself a resident of the entire neighborhood.

  I grew up poor on welfare, Latino. I became a

  professional. I am an attorney. I am successful now.  I

  am on two sides of the track. I am not here to represent

  the white community or the Dominican community. I am not

  here saying oh create a Dominican district or something

  like that. I am not here for that.

          I believe there should be a compact district.  It

  shouldn’t be running all over in a horse shoe shape like

  the district I was trying to represent was a horseshoe

  shape lie a fat horseshoe, overweight horseshoe. That a

  district should be simple. It should be guided by natural

  boundaries. The east and west side of the East River of

  the Hudson River and just a simple horizontal line. Where

  you get to the requisite population.  That would be my

  opinion.  I would just ask the task force to please don’t

  put me in another law related gym Senatorial District.

          SENATOR SKELOS: That gentleman is next.

          MR. FLACKS:  Mr. Chairman. I am number 23 on the

  list. My name is Alan A-L-A-N Flacks F as in Frank L-A-C-

  K-S. I reside at 313 West 100th Street, Manhattan, New

  York City the 69th State Assembly District. I really

  don’t have much to add at least along the lines of the

  previous speakers. I just have a few extemporaneous

  remarks.    I am very pleased to see so many still here

  unlike the MTA Board that disappears and returns at the

  adjournment four hours later.

          I testified before you last May.  I am also

  selfish and I am interested in only the State Assembly

  Districts and State Senate Districts in New York City. I

  see that they basically have been kept the same. They are

  generally okay. Except the Senate Districts seem to be

  more gerrymandered but certainly not like this example of

  the 34th State Senate District which really is at

  (inaudible) gerrymandered.

          I am happy to see that New York City has been

  basically left alone. That other areas that were impacted

  by population shifts such as Buffalo and Rochester were

  dealt with accordingly. However, I am afraid to say that

  if you left things alone you still have what I feel are

  egregious ethnic gerrymanders.

          While you have heard pleas from people that I

  want a Jewish district. I want a Dominican district.  I

  want a Chinese district. I want a pedophile district. I

  want a district that all State Senators live in. I want

  this district. I want an ebony district.  I want a

  Rosewood district.  I want an Oak district.  I want a

  Maple district. I want an Elm district. I don’t want

  that. I want a district that has a community boundary. I

  like districts with community boundaries where all sorts

  of people feel at home such as Manhattan’s upper west

  side.

          So you still have some erratic ethnic

  gerrymanders and State Senate Districts. What I am rally

  looking forward to seeing what you do with the

  congressional districts. That is really what is of

  interest because if you recall the testimony people were

  talking about these ethnic congressional districts where

  in Manhattan we have the Jewish district with

  gerrymandering, the 85% white district for blonde blue

  eyes Carolyn Maloney and the black district with Charlie

  Rangall.  A prior speaker talked about well someone who

  lives across the street is in the Senate district and

  that district over there and so forth.  We still have

  that.  When I say that things are pretty much okay you

  really left this ethnic gerrymandering alone and didn’t

  really care about neighborhoods where people of all sorts

  live and get along.

          Thank you.

          SENATOR SKELOS: Thank you very much.

          MR. LAU: Hi my name is Peter Lau L-A-U. I also

  signed up earlier and am sorry for coming in late.  Fifty

  something 53. Again my name is Peter Lau.  I reside at 39

  Essex Street in lower Manhattan. Previously in 1996 I

  intervened on behalf of defense in the Diaz versus Silver

  case to keep the Chinatown’s in Sunset Park and Manhattan

  together.

          Today I do want to testify also to keep the

  Chinese community in lower Manhattan within the same

  Senatorial Assembly District. We all know that since the

  1980’s, 1990’s there has been a great increase in Chinese

  immigrants coming to New York City.  Many of them would

  have settled in Manhattan Chinatown because of the

  language barrier, job opportunity.  Because of a lack of

  housing in the Chinatown area many have settled in other

  boroughs, Brooklyn, Queens. But also many have moved

  north of Houston Street, East of Allen, First Avenue and

  north of East Houston up to 14th Street. I would expect

  that this chain would continue within the next ten years

  that the population in that area would continue to

  increase.

          While the Chinese Americans, the immigrants that

  are living in that area are not isolated from Chinatown

  and they are very strongly linked to Chinatown first

  because of the close proximity but also many of them do

  work in Chinatown. They do to Chinatown to shop, grocery

  stores.  Many come to Chinatown for medical services and

  other social services.  They come to visit friends,

  relatives in Chinatown. They have strong links to family

  associations which are located in Chinatown. Many come to

  Chinatown daily to buy the local Chinese newspapers, to

  rent videotapes. The interests of Chinatown are strongly

  linked to the  Chinese Americans who are living in that

  area.

          I do strongly urge that the task force the

  legislative task force keep that area be part of the

  Chinatown. I have seen the proposed Senatorial District.

  It (inaudible).  To the Assembly district I would suggest

  that you extend the area east of Allen Street up to 14th

  Street north of East Houston and up to Avenue B be part

  of Assembly District 64. That is my suggestion.

          SENATOR SKELOS: Does anybody else wish to be

  heard?

          MR. WOTTEN:  Good afternoon. Actually we were

  number 25 on the list.  My name is Paul Wotten. I am an

  attorney. I will be delivering the testimony for

  Congressman Gregory Meeks who is the Chairman of the New

  York State Council Black Elected Democrats. Just for

  historical prospective the COBED was founded in 1966 by a

  group of socially conscious assertive and influential

  African American elected officials. The organization was

  conceived to articulate and defend the interests of the

  New York State’s African American communities and

  federal, state and local government.

          Presently we have expanded to a statewide

  organization of more that 225 members of state, federal

  and local office holders.  As a matter of fact we are

  very sensitive to the fact that four of our members are

  from the United States Congress, 23 members from the New

  York State Assembly and 8 members from the New York State

  Senate whose districts you will be redistricting in the

  next couple of months.

          In addition to that our members also include 2

  New York City County leaders, the chair of the New York

  State Democratic Committee, the Mayors of Rochester, Mt.

  Vernon and numerous City Council and County Legislators.

          We are well aware of the ongoing civil rights

  struggle and the many sacrifices made throughout history

  to secure our right to vote. We are dedicated to the

  protection, preservation in defense of those rights which

  our people so dearly fought and paid for. Therefore we

  intend to do everything in our power to ensure that the

  New York State redistricting plans are constitutionally

  fair and we ask for your gracious tolerance for his

  input.

          Accordingly we have established a working group

  to monitor the task force procedures and the current

  plans as they are elected. I am about to suggest some

  changes that would be a reflection of our preliminary

  analysis.

          First of all we believe that the Senate plan

  increasing a number of districts has a discriminatory

  effect on African American voters and violates Section 5

  of the Voting Rights Act. As you know African Americans

  living in the counties of New York, Kings and Bronx are

  considered a protective class pursuant to Section 5 of

  the Voting Rights Act.

          Therefore any change in any voting practice or

  procedure must be declared by the United States Attorney

  General as not having a discriminatory effect prior to

  its implementation.  You would see that under 42 U.S.C.

  1973 c.

          We assert that the increase in the number of

  Senate Districts from 61 to 62 discriminates against

  African American voters because it creates a

  disproportionate number of African American majority

  population districts to the number of Senate Districts.

          Thus instead of the present 8 Senate Districts

  out of 61 the proposed plan has created 8 Senate

  Districts out of 62. The proposed plan by creating a less

  proportion of majority districts would have a

  discriminatory effect and we believe under the Bher v.

  United States Retrogression Analysis would be

  discriminatory.

          The proposed change is even more retrogressive

  when you take into account the acknowledgement under the

  census undercount and the fact that there has been an

  increase in the African American population from the 1992

  census in New York State at a faster rate than other

  populations.

          Moreover, we believe that the legislative task

  force decision to change proposed Senate plan from

  District 61 to 62 without sufficient prior discussion and

  publication also would violate Section 5 of the Voting

  Rights Act. According to Section 5 the legislative task

  force must take into account the African American or

  protected population in making a change according to the

  rules and according the CFR. You must have an opportunity

  to participate in a decision to make the change.  In the

  testimony we have enumerated what those sections are.

          At this point here is no indication in any public

  record that the task force considered the effect on

  African Americans or consulted with or gave access to any

  responsible African American political, education or

  (inaudible) group before making a change.  We would

  welcome an opportunity to discuss that with the

  appropriate group. We believe on the contrary that the

  facts show that the district change and the methodology

  for the change in the plan was not publicized until the

  plan was released.  We think it’s a small wonder that all

  the proposed districting plans submitted to the task

  force was 61 District plans.

          Secondly we also think the legislative task force

  plan, proposed Senate plan increasing the number of

  Senate Districts violates the State Constitution. As we

  enumerated in our testimony and I will summarize.  We

  believe that the decision in Schneider versus Rockefeller

  in 1972 which the Court of Appeals find both the

  methodology and the number of districts to be

  constitutional established that the state constitutions

  methodology established in 1894 was indeed

  constitutional.  In the 1970, 1980 and 1990 Decennial

  Census we use the number 61.  According to the plan that

  has been proposed we have not been able to determine the

  methodology in which the redistricting task force has

  decided to change that number to 62.  Consequently we

  have no choice but to conclude that it’s an

  unconstitutional expansion and we believe would violate

  the State Constitution.

          Thirdly, we believe that the proposed Senate plan

  discriminates against African American and Hispanic and

  Asian communities in how dilutes voting strengths in

  areas in New York City, southern Westchester, Rockland

  and Senate Districts. I am sure you have heard this

  before but under the analysis there seem s to be an

  overpopulation of the districts in lower Westchester and

  Rockland County. I believe the districts 10 through 38.

          Our analysis shows that there is a medium

  population of approximately 318 people.  The proposed

  upstate Senate districts except district 62 reflects a

  medium of approximately 302,000. We note that the

  district 62 is a district that is 93.5% voting age

  population and is located in central Brooklyn and would

  be an open district.

          While we understand that the districts are within

  a deviation of 5%, deviation which is acceptable under

  the Supreme Court analysis we believe that the

  overpacking of those districts in downstate dilutes

  African American voting strength in two areas.

          First of all that 77% of the African American

  voting age population in the state resides in the

  downstate overpopulated districts.  We believe that’s a

  dilution.

          Secondly it has an effect of dilution on the

  strength of African American voters by reducing the

  strength of the legislators who are elected in those

  districts within the Senate chamber. The State Senate

  like all legislators work through compromise and

  consensus.  The legislator elective from the African

  American districts being usually from the minority party

  have traditionally aligned with the downstate or New York

  City delegation. The proposed Senate Districts plan by

  overpopulation actually reduces the number of districts

  from New York City and therefore would undercut or dilute

  the number of African American communities that are

  legislators within that caucus. The result we believe is

  a dilution under the Voting Rights Act under Section 5.

          According to the census from 2002 and 1992, and I

  am going fast because I am paraphrasing. The New York

  State population grew from 5.5% and the New York City’s

  population grew to 9.4%, the upstate population grew by

  1.2%. We believe the results should be an increase in the

  number of downstate Senate Districts not a decrease. By

  overpopulating all the downstate districts and creating a

  new District 62 in Brooklyn the task force not only

  denies the New York City delegation the proportion and

  increase and representation but further dilutes the

  affect of those Senators elected from African American

  voting rights districts.

          Finally, we believe the proposed Senate plan

  discriminates against the African American community in

  its statewide analysis. According to the 2000 Decennial

  Census there is a significant population increase in the

  African American population in Nassau and Suffolk

  counties. However, the proposed Senate plan dilutes the

  African American population voting strength in both of

  those counties by splitting the communities between two

  or more Senate Districts.  On the Assembly side between

  two or more Assembly Districts in Suffolk County.

          SENATOR SKELOS: Questions?  I believe you wanted

  to testify.

          MS. McCLAIN:  Good afternoon. My name is Savona

  Bailey McClain. I am the Director of the West Harlem Art

  Fund.  We are a community based not for profit cultural

  arts and preservation organization.

          As a native New Yorker and an advocate for the

  arts. I am asking that you preserve State Senatorial

  District 29 as an intact unit.

          While the city is determining how we can best

  rebuild lower Manhattan after September 11th we cannot

  ignore at the same time other vital centers that make up

  this great metropolis. Nor should these same centers like

  Harlem receive less than adequate representation on our

  State Senate. Harlem is a community that is known

  throughout the world. It’s history extends over 400

  years. It was a home for many Indian tribal groups, a

  Dutch colonial village and a battleground during the

  American Revolution.

          Harlem is also home to many prestigious cultural

  and educational centers such as City College, Aaron Davis

  Hall, Columbia University, Studio Museum, Shomberg

  Center, Barnard and Union Theological Seminary.

          With support form our State elected officials

  local community residents were able to preserve the

  area’s architectural character through numerous landmark

  designations.  Mt.  Morris, St. Nicholas, Autobon

  Terrace, Hamilton Heights and the new Sugarhill Historic

  District.

          Other stabilizing housing developments like

  Lennox Terrace, Riverbend, Espinar Gardens and public

  housing complexes like Lincoln, Manhattan Vil and Grant

  have sheltered an nurtured generations of Harlemites.

          Quality of life issues like education and health

  care are of major concern to northern Manhattan

  residents.  A singular voice in the Senate from Harlem

  will best protect and expand these services.  Because

  State Senate District 29 serve communities beyond the

  boundaries of greater Harlem the needs of the upper west

  side to the south and Washington Heights to the north

  also must not be ignored.

          For instance according to the latest census the

  documented population of residents in Washington Heights

  have grown approximately 15.3% over the last 20 years.

  Now it exceeds over 200,000 people. That is phenomenal

  growth.  Additional representation is desperately needed

  for that community so as not to shortchange both

  communities from state funds or constituency services.

          Community groups are actively working in

  partnership with our elected officials to ascertain

  implementable strategies for facilitating waterfront

  development, streetscape enhancement and other improved

  infrastructure. Consistent leadership is needed. If we

  are to build on the legacies on such important

  institutions as our churches, Abyssinia, convent, Church

  of the Intercession and Metropolitan AME Church and

  develop Harlem as a true international destination then

  we need and must have an intact district.

          I must say also as a community person who is

  trying to establish a state designated heritage area how

  very frustrating it can be at times to try to work with

  the state.

          This is the first time I have ever been to

  hearing. I am a little nervous. I can tell you that I

  work almost 24 hours a day. Not only just working a

  regular 9 to 5 but pulling off a not for profit

  organization with little money and little help.  We have

  done a lot of things that much larger organizations with

  bigger staff and budgets have been able to do. We are

  trying to do the good thing and we try to preserve our

  neighborhood so people do not have to fear that they are

  going to be pushed out.

          Right now rents are going up in our neighborhoods

  to up to $2,000 a month. Before people complained because

  an apartment you may have 3, 4, 5 6 persons in apartment

  just sharing to pay for that rent.  Most of those people

  were immigrants.  Now were are having people coming from

  downtown who are not immigrants moving uptown. They are

  still sharing 3, 4, 5 and 6 persons in an apartment to

  pay for rent. This is ridiculous. It’s getting to the

  point that people are so fearful that they don’t know

  where they are going to go. We do need representation

  that will fight for us.

          Right now we are trying to do streetscape

  enhancements.  Trying to look at waterfront development.

  We are getting a lot of problems from our city and state

  officials.  We’re bringing planners. We’re bringing

  architects. We’re bringing thoughtful designs, plans.

  We’re studying zoning. We’re studying so many different

  elements, architectural zoning.

          Yet at the same time we are getting grief because

  we are in a neighborhood of color. I guess I am

  considered middle class because I have a college

  education and I come from a good family. You have people

  who are just like myself who are saying well what happens

  when you do the right thing and you go to school and you

  work very hard. How come you can’t stay in your

  neighborhood and get the same services as other

  neighborhoods.

          That’s not in my script but I just needed to say

  that.  Because I really do feel passionate about this and

  I hope you can understand form a lay persons perspective

  that this is really important. I cannot tell you other

  statistics but this is just how I feel and I hope you

  take it into consideration.

          SENATOR SKELOS: Does anybody else wish to

  testify?  Seeing no hands I make a motion to adjourn.

          A VOICE:  Second.

          SENATOR SKELOS: The meeting is adjourned.

          (Whereupon at 2:33 P.M. the New York State

  Assembly Hearing on Reapportionment was adjourned.)

  

C E R T I F I C A T I O N
                            

I, FRANK GRAY, a Notary Public in and for the
State of New York, do hereby state:

THAT I attended at the time and place above-
mentioned and took stenographic record of the proceedings
in the above-mentioned matter;

THAT the foregoing is a true and correct
transcript of the same and the whole thereof, according
to the best of my ability and belief.

IN WITNESS WHEREOF, I have hereunto set my hand

this        day of April, 2002.
  

_______________________

FRANK GRAY



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