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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