7 1 P R O C E E D I N G S 2 SENATOR SKELOS: Good morning. My 3 name is State Senator Dean Skelos, Co-Chair 4 of the Legislative Task Force on Demographic 5 Research and Reapportionment. 6 With me today, Task Force Members, are 7 Co-Chair Senator William Parment; Senator 8 Richard Dollinger; Assemblyman Chris 9 Ortloff; Vincent Bruy, to my left; and Mr. 10 Roman Hedges to my right. 11 I would like to welcome Senator Guy 12 Velella, who is here; Senator Vincent 13 Bidell. 14 And I think I saw Senator Susie 15 Oppenheimer. 16 So, we welcome them. The purpose of 17 this hearing is to obtain input from you, 18 the general public, on how we, as a 19 Legislative Task Force, should be looking at 20 Congressional State Senate and Assembly 21 district lines as, in a sense, a 22 recommendation to the entire State 23 Legislature which will eventually vote on 24 the new plans, and then it will be sent to .8 1 the Governor for his action. 2 We have to take into account Federal 3 Law, State Law, court decisions, U.S. 4 Constitution, the State Constitution, and 5 your testimony as to how you think the 6 districts should be drawn. 7 I know we all feel very strongly one 8 way or the other about incumbents. 9 If we, to some extent, could keep the 10 testimony more focused on the lines, that 11 would be most beneficial. 12 But, certainly, we would not cut off 13 testimony unless we felt that it was 14 straying a little bit too much. 15 We have many people that are seeking to 16 testify, so we would ask you to keep your 17 testimony to under five minutes. 18 And, certainly, if you would like to 19 submit your testimony, we would be more than 20 happy to make that part of the record. 21 ASSEMBLYMAN PARMENT: Let me just say 22 that it is nice to be here in Westchester 23 County. 24 I would just like to acknowledge the .9 1 presence of Cindy Beal, who is a member of 2 the Assembly. 3 We look forward to your testimony. 4 Thank you. 5 SENATOR DOLLINGER: I am Senator Rick 6 Dollinger. I am from Rochester. It is good 7 to be here in White Plains. 8 Senator Skelos and Assemblyman Parment, 9 throughout the prior hearings that we have 10 had, emphasized to the public that the 11 opportunity for input is not confined just 12 to this hearing. 13 We will accept submissions, written 14 testimony, letters to the commission, the 15 Task Force, during the course of the next 16 several months as we get this process put 17 together. 18 I think it is also important to 19 emphasize, as Senator Skelos did, that what 20 this Task Force does is simply make a 21 recommendation to the New York State 22 Legislature. 23 The final determination of this Task 24 Force will pass through the Legislature, and .10 1 then there will be a bill that will include 2 the redistricting of both the Senate and 3 Assembly in a single bill and a bill to 4 re-draw our Congressional lines, as well. 5 The only other thing I would emphasize 6 is that, because of nationwide 7 reapportionment, we have the difficult task 8 -- which has been done several times before 9 -- of reapportioning our congressional 10 districts to reduce the number of 31 to 29. 11 And I think it is important to note 12 that we have heard lots of people say, "Do 13 not give away any seats. Do not take away 14 seats." 15 Unfortunately, to some extent, 16 mathematics requires us to have four Federal 17 Congressional seats in this State in the 18 2002 election, and we have no choice but to 19 comply with that mandate. 20 So, as Senator Skelos has said, there 21 are lots of things that constrict the 22 abilities of this Task Force, as well as the 23 Legislature, in producing a final plan. 24 And I think it is our intention to make .11 1 sure that we comply with all of our legal 2 requirements, as well as listening to the 3 public in an attempt to incorporate their 4 suggestions as well. 5 So, with that, we look forward to 6 today's testimony. 7 Thank you. 8 ASSEMBLYMAN ORTLOFF: Thank you, 9 Chairman Skelos. 10 Thank you, ladies and gentlemen, for 11 coming today. 12 I think this is, if not the largest 13 number of people and the number of 14 witnesses, it is certainly among the 15 largest. 16 And we look forward to hearing what you 17 have to say. 18 I would like to point out to all -- 19 particularly all those who are going to 20 speak -- picking up on Chairman Skelos' 21 point, that it is about geography and 22 community, not so much as about incumbent 23 office-holders. 24 This is a process that is set forth in .12 1 the Constitution, in State statutes and in a 2 very substantial body of Federal case law as 3 well. 4 And my point in saying so is to make a 5 very strong urging of everyone here that, 6 while it may appear that the six people on 7 this Task Force have an unlimited set of 8 options before us, the fact is that we do 9 not have unlimited choices. 10 Our choices are rather severely 11 constrained before we even begin to draw a 12 single line. 13 They are constrained by population. The 14 people live where they lived on April 1st, 15 2000; we cannot move them around now. 16 They are constrained by the ethnic 17 identity of neighborhoods and communities 18 and, indirectly then, by the United States 19 Voting Rights Act. 20 There are many, many things that we 21 hear people request of us that people wish 22 to have; things like keeping a certain 23 neighborhood, keeping certain counties 24 together. .13 1 Some of them can happen. But some of 2 them, frankly, cannot because of those 3 constraints. 4 And we want everybody to understand 5 that because the final product often is not 6 pleasing to everybody. 7 And there are reasons why that cannot 8 happen. 9 We live in the real world, in a world 10 in which the process is defined and in which 11 constraints are defined. 12 We will do our best to take into 13 account your concerns and those heard all 14 around the State. 15 But we are not omnipotent. We are 16 responsible to the Legislature. 17 We recommend to the Legislature; the 18 Senate and the Assembly actually adopt the 19 plans. 20 Our objective is to create districts 21 with all those constraints notwithstanding 22 in which neighborhoods, communities and 23 citizens of this State can elect 24 representatives of their choice that best .14 1 suit and serve them to the Congress, to the 2 State Assembly and to the State Senate. 3 I want to leave you with this one 4 thought before we begin: 5 Long after all of us and everyone else 6 in office today has passed out of office, 7 the communities we represent will still 8 exist and will still have a need for good 9 representation. 10 To the extent to which they are able by 11 the plan we adopt to do that better, we have 12 succeeded. 13 And with that, I thank you for your 14 attendance and look forward to hearing what 15 you have to say. 16 SENATOR SKELOS: The first witness is 17 Ms. RoseMarie Panio, Vice-Chairwoman of the 18 Westchester County Republican Committee. 19 MS. PANIO: Good morning. My name is 20 RoseMarie Panio. 21 As Vice-Chair of the Westchester County 22 Republican Committee, I want to extend a 23 warm welcome to you, the members of the 24 State Legislative Task Force on Demographic .15 1 Research and Reapportionment, for traveling 2 to White Plans today to seek public input on 3 the redrawing of legislative district 4 boundaries. 5 The legislative redistricting being 6 considered by the Task Force promises to 7 have a major impact on how local citizens 8 are represented at the State and Federal 9 levels of government in the coming decade. 10 For this reason, I appreciate the 11 opportunity to deliver testimony on this 12 vital issue. 13 And I wish to focus my comments today 14 on redistricting as it applies to the 19th 15 Congressional District represented by 16 Congresswoman Sue Kelly and Senator Rydell 17 (phonetic). 18 As State legislators, students of 19 American politics, you will find that the 20 residents of the 19th Congressional District 21 -- encompassing Putnam County and portions 22 of Dutchess, Orange and Westcheter Counties 23 -- are justifiably proud of the rich, 24 historical nature of our community and the .16 1 common ties that bind us together. 2 Our ancestors played a leading role in 3 the Nation's founding. 4 And this area was home to a number of 5 dramatic historical events that helped chart 6 the course of our young Constitutional 7 republic. 8 During the Revolutionary War, for 9 example, American forces effectively stopped 10 the powerful British Navy from sailing north 11 by constructing a massive chain across the 12 Hudson River. 13 As Commander of the Continental Army, 14 George Washington fought key battles against 15 the British in the Hudson River Valley in 16 the fight for American independence, 17 including one right here in White Plains: 18 Washington's troops fought courageously 19 to hold on to the strategic post at West 20 Point, and made camp in the nearby towns of 21 Chappaqua and New Windsor. 22 This is the same New Windsor where 23 General Washington created the predecessor 24 of the Purple Heart awarded to soldiers who .17 1 are wounded in action. 2 We have been the home to Governors, 3 including Thomas Dewey and George Pataki, 4 and hosted future Presidents, including 5 Ulysses Grant and Dwight Eisenhower during 6 their years at West Point. 7 While much has changed since our 8 country was founded, the Lower Hudson Valley 9 remain a unique and homogenous area, a 10 collection of rural and suburban towns and 11 villages far removed from the larger urban 12 centers. 13 I come before you today not in a 14 partisan capacity, but as a local resident, 15 a mother, and a small businesswoman. 16 I have a deep and abiding interest in 17 the future of my community. 18 And I know I speak for many of my 19 neighbors in expressing a strong desire for 20 northern Westcheter County to remain in the 21 19th Congressional District. 22 The towns and villages of the 19th 23 Congressional District have similar 24 demographics and share common interests and .18 1 common values. 2 While it is true that midtown Manhattan 3 is a mere 22 miles away from northern 4 Westchester County, the reality is that it 5 is a world away. 6 The rural and suburban towns of 7 Bedford, Yorktown and North Salem in 8 northern Westchester have almost nothing in 9 comonwith the residents of New York City. 10 That is not surprising. What you may not 11 know, however, is how little northern 12 Westchester has in common with residents of 13 the southern portion of the county. 14 In recent years, areas in southern 15 Westchester County have acquired many of the 16 same characteristics of New York City, due 17 to urban sprawl. 18 As this sprawl has gained in intensity, 19 increasing population growth has spurred 20 development, turning many formerly suburban 21 neighborhoods in southern Westchester into 22 radically different communities. 23 The city-like atmosphere of these 24 communities is in stark contrast to the .19 1 rolling hills, farms and suburbs of northern 2 Westchester. 3 There is a clear demarcation line 4 between the two areas that is plainly 5 visible to county residents. 6 As a result, the needs of the residents 7 and local governments in northern 8 Westchester area much more closely aligned 9 with those of our neighbors in Putnam, 10 Dutchess and Orange Counties. To combine 11 the towns of northern Westchester with those 12 of southern Westchester would be a grave 13 disservice to the families who live in these 14 areas. In fact, many families who have moved 15 to northern Westchester from the southern 16 part of the county have done so precisely 17 because they wanted a quieter, more relaxed 18 pace of life. 19 Northern Westchester is far away from 20 thee population density and sprawl so common 21 in the areas bordering New York City. 22 As a result, southern Westchester 23 County has its own unique set of problems 24 that require a different kind of .20 1 representation from that of the north. 2 With this in mind, it is important that 3 northern Westchester County residents be 4 allowed to remain in a Congressional 5 District that is compatible with the 6 character of the comunity. 7 We achieve this as part of the 19th 8 Congressional District, and strongly opposes 9 any redistricting plan that threatens our 10 removal. 11 If northern Westchester County were to 12 be carved out of the 19th Congressional 13 District an subsumed into greater 14 Westchester County as part of another 15 district, thi would combine widely disparate 16 communities with little in common. 17 Imagine the difficulty a member of 18 Congress would have in representing a 19 district that half resembles the New York 20 City area, with the other half a mix of 21 rural small towns and suburban 22 neighborhoods. 23 We all know the old adage about serving 24 two masters. .21 1 My family and neighbors in northern 2 Westchester are fortunate to live in a 3 Congressional District that mirrors our own 4 community. 5 We have a very capable representative 6 in Congress, Sue Kelly, who has done an 7 outstanding job of representing our 8 interests in Congress. 9 Her vote totals in northern Westchester 10 are a testament to the satisfaction of local 11 residents and our confidence in her ability 12 to represent us. 13 I would add that Congresswoman Kelly's 14 job, while never easy, is made less 15 complicated by having a District whose 16 individual parts bear a cloes reemblance to 17 one another. 18 This creates a more efficient system 19 for the delivery of Federal resources while 20 avoiding conflicts between dissimilar 21 comunities, particularly when action that 22 benefit one area of the District come at the 23 expense of the other. 24 In closing, I would simply reiterate .22 1 the strong deire of the residents of 2 northern Westchester to remain a part of the 3 19th Congressional District. 4 Any redistricting plan to the contrary 5 would go againt the will of the people and 6 jeopardize the right of local citizens to 7 fair and effective representation. 8 I would like to acknowledge, as well, 9 the presence of our State Senator Rydell, 10 and say that all of the points in my 11 testimony here today apply to the 17th 12 Senatorial as well. 13 And I assure you that we are equally 14 satisfied with his representation. 15 Thank you very much for the opportunity 16 to come before you today. 17 SENATOR SKELOS: Are there any 18 questions? 19 ASSEMBLYMAN PARMENT: I just have a 20 question about the geography. 21 You mentioned that the residents in 22 northern Westchester differed in interests 23 or needs than in southern Westcheter. 24 Can you give me a boundary using .23 1 township lines or -- 2 MS. PANIO: In my mind, we always 3 call 287 the line, so that is sort of a good 4 way of describing that in terms of character 5 of community differences. 6 I am reminded -- I spent many years 7 growing up in Italy and -- it sounds like I 8 am very old because I grew up in a lot of 9 places; I did get around quite a bit. 10 And it was always very obvious, as I 11 traveled around as a child through one 12 province or another, the differences in the 13 environment and the open space aspect or the 14 lifestyle aspect. 15 I have always considered northern 16 Westchester sort of our province because of 17 its unique character -- 18 ASSEMBLYMAN PARMENT: But the 19 demarcation line would be Interstate 287? 20 MS. PANIO: In many residents' minds, 21 yes. 22 Standing on that roadway, you can 23 notice the demarcation; a more relaxed way 24 of living, as well as a more relaxed way of .24 1 planning for housing, et cetera. 2 SENATOR DOLLINGER: Just a couple of 3 questions. 4 I do not have the numbers in front of 5 me, but there is no question that because 6 the districts are going from 31 to 29, each 7 of the districts is going to have to pick up 8 additional people in areas across the State. 9 In some cases, that will encompass as 10 little as 30- or 40,000; in other cases, as 11 much as 80- or 90,000. 12 If, as you suggest, there is a 13 particular ambiance or community of interest 14 in northern Westchester, where would I go to 15 find that if I were to draw an extra 60- to 16 70,000 people into a Congressional District 17 that incorporated northern Westchester? 18 Where would I go to find that? 19 MS. PANIO: I think that has been 20 happening. 21 We need to preserve northern 22 Westchester. 23 People like myself 31 years ago decided 24 that southern Westchester was not conducive .25 1 to the northern Westchester County lifestyle 2 anymore. 3 The Town of Yorktown has picked up 4 eight election districts this year. 5 SENATOR DOLLINGER: My question is, 6 one of the options we have is to go further 7 on the east side of the River or jump over 8 to the west side. 9 You talked about West Point and other 10 points of New York State that are on the 11 west side of the River. 12 To get those 27,000 people and keep 13 that community that you talked about 14 together, would you have us go further north 15 or go west? 16 MS. PANIO: Well, I would have to 17 research that at some point and -- 18 SENATOR DOLLINGER: If you want to 19 get back to us after you do some research, 20 please send a letter to the Task Force and 21 we will incorporate it into the record. 22 MS. PANIO: I would appreciate that. 23 SENATOR SKELOS: Are there any other 24 questions? .26 1 (No response.) 2 SENATOR SKELOS: Thank you very much. 3 (Applause.) 4 SENATOR SKELOS: The next witness is 5 Dutchess County Legislator David P. Kelly. 6 MR. KELLY: Good morning. My name is 7 David Kelly. I am a county legislator from 8 Dutchess County. 9 I would like to thank you for allowing 10 me to speak today. 11 I have a few remarks on redistricting. 12 Dutchess County is located in the heart 13 of the Hudson Valley at the midway point 14 between New York City and Albany. 15 The character of our county is 16 predominantly suburban and rural with two 17 small cities on the Hudson River. 18 Dutchess is home to several 19 institutions of higher education, including 20 Bard, Vassar, Marist Colleges, Dutchess 21 Community College and the Culinary Institute 22 of America. 23 Working together with elected 24 officials, the communities and businesses, .27 1 Dutchess has witnessed an impressive 2 economic revival in recent years. 3 Forbes Magazine listed our county as 4 one of the best places to live and work in 5 the United States, and our area has led the 6 State in job growth. 7 We rank in the top 10 nationally when 8 it comes to economic development, and are 9 ranked sixth in the United States for growth 10 in family household income. 11 With the National Census now complete, 12 Dutchess -- like other counties across 13 America -- must consider how redistricting 14 will affect the legislative boundaries that 15 govern who our representatives are. 16 This serious issue has far- reaching 17 consequences for our community. 18 As a country legislator, I want to 19 ensure that our citizens are receiving the 20 best representation possible; their needs 21 and concerns should be the top priority in 22 any discussion of redrawing legislative 23 lines. 24 I believe that each House Congressional .28 1 District should be composed of as few 2 counties as practicable. 3 Districts that stretch across five or 4 six counties, not uncommon in some areas, 5 should be the exception to the rule, not the 6 norm. 7 Compact districts that match similar 8 communities are the ideal, and this is where 9 you come into play. 10 You are to be commended for seeking the 11 input of local comunities, legislators and 12 citizens, and for making them an integral 13 part of the deliberative process. 14 With respect to Dutchess County, my 15 desire is to see the entire county 16 incorporated into one Congressional 17 District. 18 Many constituents I speak with share my 19 belief that Dutchess County could simplify 20 and enhance its representation in Congress 21 by having one member responsible for our 22 affairs, rather than two. 23 At present, we often find it difficult 24 to bring all the necessary parties together .29 1 on issues of importance to the community. 2 Having the county broken into two parts 3 when it comes to Congressional 4 representation would only worsen this 5 situation. 6 Depending on your place of residence in 7 Dutchess County, you are represented by 8 either Sue Kelly of the 19th Congressional 9 District or John Sweeney of the 22nd 10 Congressional District. 11 Personally, I have no complaints about 12 the individuals who are representing us. 13 Both members have done a fine job of 14 representing the citizens of Dutchess 15 County. 16 In my view, the people of dutchess 17 would be better served if one member of 18 Congress represents the county in its 19 entirety. 20 The reason is simple: Sue Kelly's 21 portion of the District in Dutchess is much 22 larger, more centrally located in relation 23 to the total area she represents, and more 24 reflective of the neighboring communities. .30 1 It is unnatural to split a county in 2 two for the purpose of Congressional 3 representation when the towns and villages 4 within are similar to one another. 5 Consolidation of the county into one 6 Congressional district is the logical 7 solution. 8 Having one representative would 9 streamline the process of applying for 10 Federal aid and reduce the confusion of 11 local residents who cannot understand why 12 they hav eone representative while their 13 neighbor down the street has another. 14 Major public policy decisions, as you 15 know, must be discussed thoroughly and 16 wholly understood on multiple levels. 17 Finding solution to our challenges and 18 our common vision would be simpler if we 19 could concentrate our efforts. 20 This would allow local government 21 officials to better coordinate their 22 requests for grants and other assistance, 23 rather than deal with multiple members of 24 Congress. .31 1 I know I would find this particularly 2 helpful working in the county legislature. 3 Congresswoman Kelly has been an ally 4 and a strong advocate for families in 5 Dutchess County since taking office. Her 6 understanding of local issues is 7 considerable, and we feel fortunate to be 8 able to work with her. 9 Her leadership in Congress and her 10 commitment to helping local government has 11 made her a valuable asset. 12 She sponsored the 1996 Hudson River 13 Habitat Restoration Act, pushed EPA to 14 authorize a Superfund cleanup to reduce PCBs 15 in the Hudson River, and has worked with 16 State and local officials to create jobs and 17 to provide tax relief for our citizens. 18 Her legislative ability is matched by 19 superior constituent service. 20 By incorporating all of Dutchess County 21 into Sue Kelly's Congressional District, you 22 will be acting in the best interests of 23 local residents. 24 In my opinion, this should be the .32 1 ultimate standard by which redistricting 2 decisions are made. 3 Sue Kelly understands our issues, our 4 needs, and our residents. 5 She deserves the opportunity to 6 represent all the people of Dutchess County. 7 Thank you. 8 SENATOR SKELOS: Thank you. The next 9 speaker is Lois Zutell, Supervisor of the 10 Town of Southeast. 11 MS. ZUTELL: Good morning. The 12 decisions you make over the course of the 13 next year regarding redistricting will have 14 a very real impact on the quality of life in 15 each and every community in New York State. 16 Putnam is one such community and needs 17 one representative who understands it. 18 We have that now, and we do not want 19 that changed. 20 Congresswoman Sue Kelly has a keen 21 understanding of the issues important to 22 Putnam residents and the future of the 23 county. 24 From Philipstown to Carmel to .33 1 Southeast, Congresswoman Kelly has been 2 there for the people of Putnam. 3 From grants for economic revitalization 4 in downtown Carmel to preserving the 5 Appalachian Trail in Garrison, as the sole 6 representative of Putnam in Washington, Sue 7 has been a true friend of our county. 8 Putnam has similar needs as southern 9 Dutchess and northern Westchester, and 10 currently has a representative who 11 undertands those needs. 12 Putnam is a close-knit community and 13 represents the heart of the 19th 14 Congressional District. 15 The point I am making is this: Putnam 16 has one strong voice in Congress, and we 17 want to keep it that way. 18 I would like to thank you for giving me 19 the opportunity to speak out on such an 20 important topic as redistricting. 21 SENATOR SKELOS: Thank you. 22 Questions? 23 SENATOR DOLLINGER: This is a 24 question, I think, that somewhat dovetails .34 1 the comments by our county legislator from 2 Dutchess. 3 Considering our options, the question 4 of where Putnam County sits in a 5 Congressional District, whether it is -- it 6 is currently with northern Westchester. 7 My question is, if you were looking for 8 a community of interest, would you align it 9 with more of Westchester or would you go 10 further north on the east side of the River, 11 or would you extend it further west across 12 the River? 13 If, as we have heard, northern 14 Westchester, Putnam and Dutchess have some 15 community of interests in them and we need 16 to expand it, where would you suggest we 17 expand it to find that same community of 18 interest? 19 Would you go further north and get more 20 agricultural or go west across the River to 21 a little bit more bedroom- type communities 22 to New York City, as you mentioned? 23 MS. ZUTELL: I think west of Hudson 24 has a different outlook, perpective, .35 1 lifestyle, community feel. 2 I think east of Hudson is more tied 3 together. 4 And I do feel that north towards 5 Dutchess or further into Dutchess is more 6 applicable to what we would have to say 7 about it. 8 SENATOR DOLLINGER: It is an 9 interesting thing; in this whole hearing 10 process, we ended up in a debate between the 11 east-siders and the west-siders in 12 Manhattan. 13 And now you are telling me that you 14 refer to the Hudson, east side, west side, 15 and you are saying that the Hudson River 16 sort of functions as that boundary -- 17 MS. ZUTELL: It is a natural barrier 18 -- or, natural boundary. 19 SENATOR DOLLINGER: So, your 20 suggestion would be, if we wanted to create 21 more of an alignment of community of 22 interest, a very broad term, a very 23 suggestive definition for everybody on this 24 commission, this Task Force and the people .36 1 we represent -- your suggestion would be to 2 move further north on the east side of the 3 river and stay on the east side? 4 MS. ZUTELL: Yes. And Putnam was 5 part of Dutchess back in its history. 6 So, we have that as an additional tie. 7 SENATOR DOLLINGER: And just a final 8 question. 9 We heard the earlier speaker talk about 10 the division of Westchester County, a much 11 larger county, at 287. 12 Would that be your assessment as well, 13 that that is sort of a dividing line between 14 the portions of north and south Westchester? 15 MS. ZUTELL: I do not feel qualified 16 to do that. 17 I think that will be your job. 18 SENATOR DOLLINGER: Good job, Madam 19 Supervisor. 20 Thank you. 21 SENATOR SKELOS: When we talk about 22 west of the River, obviously, it does not 23 include just Rockland County. 24 It would also include Orange County and .37 1 parts of Ulster County, as a possibility. 2 I do not believe, knowing a little bit 3 about the Ulster County area, whether 4 Poughkeepsie and Fishkill and Wappingers 5 could be considered bedroom communities of 6 New York City. 7 MS. ZUTELL: Are we speaking west of 8 Hudson or east of Hudson? Are you talking 9 about east, meaning Wappingers? 10 SENATOR SKELOS: Yes -- well, east of 11 the Hudson, that area I do not believe would 12 be considered a bedroom community or 13 communities of New York City? 14 MS. ZUTELL: They are becoming so, 15 yes. 16 SENATOR SKELOS: Our next speaker is 17 Charles S. North, President of the 18 Poughkeepsie Area Chamber of Commerce. 19 MR. NORTH: Good morning. Before I 20 refer to my written remarks, I just wanted 21 to say that it is good to be home. 22 I was born and brought up in Port 23 Chester, New York. 24 I have lived in Westchester County for .38 1 a few years. 2 I worked in Westchester County -- have 3 worked in Westchester County, in Mamaroneck, 4 in towns and villages, in Mamaroneck and 5 White Plains, in Mt. Kisco. 6 So, it is really nice to be home. 7 Good morning. My name is Charles 8 North, better known as Charlie North, and I 9 am the President of the Poughkeepsie Area 10 chamber of Commerce, a regional business 11 organization serving serving business 12 throughout Dutchess County. 13 And I thank all of you for taking the 14 time to be here to listen to the concerns of 15 our community as we head into the 16 redistricting process. 17 During the early to mid-'90s, one of 18 Dutchess County's largest employers, IBM, 19 significantly downsized its workforce. 20 The Dutchess County economy was at an 21 all-time low. 22 The road to recovery, to say the least, 23 was a bit rocky in the beginning. 24 But despite many obstacles, our County .39 1 of Dutchess has become much stronger. 2 In this case, the old saying that goes, 3 "When one door shuts, the other one opens" 4 was really true. 5 We learned how to recover by working as 6 a team. 7 And one of our key team leaders was our 8 Congresswoman, Sue Kelly. 9 I can say without reservation that 10 today Dutchess County is doing well and is 11 ranked in the top tier of counties 12 nationwide. 13 Our recipe for success started when we 14 intensified our efforts towards the 15 activities of business retention, business 16 expansion and the attraction of new and 17 additional businesses to Dutchess. 18 We added to and continue to promote our 19 already successful arts and tourism 20 programs. 21 This team effort was very successful, 22 and the results have led to continued job 23 growth, increased retail sales, 24 record-breaking real estate market and a .40 1 robust economy, just to name a few 2 successes. 3 This welcomed growth has presented new 4 needs and requires every level of government 5 -- Local, State and Federal -- to work 6 together -- that same team I had mentioned 7 before -- to work effectively to meet the 8 needs of our Dutchess County communities and 9 residents. 10 In the past and currently, I am 11 represented by Congresswoman Sue Kelly. 12 She represents the southern portion of 13 Dutchess County where I live, as well as its 14 largest city, the County Seat of Dutchess, 15 Poughkeepsie, where I work. 16 Sue Kelly and Dutchess County are a 17 good fit. 18 Her outstanding representation of 19 Dutchess in Congress has served our County 20 residents well. 21 She was worked to bring millions of 22 dollars in Federal Aid back to Dutchess 23 County, and her efforts have made a 24 significant difference in the lives of our .41 1 residents in Dutchess County. 2 Her efforts have paid off when it comes 3 to securing funds for transportation and 4 infrastructure needs. 5 She went forward to secure commitments 6 from the Feeral Government to clean up 7 contaminated groundwater. 8 And her understanding and compassion 9 for our aging veteran population who live in 10 the local veterans' hospitals in Dutchess 11 County has certainly made a positive 12 difference in their lives. 13 Currently, the 19th Congressional 14 District encompasses 11 towns and cities in 15 eastern and southern Dutchess. 16 Because of our continued success, 17 Dutchess continues to grow. 18 Because of our quality of life, like a 19 magnet, we attract folks from Westchester 20 and Putnam Counties. 21 And to maintain continuity, it is my 22 firm belief that Dutchess County should 23 continue to be linked to the Lower Hudson 24 Valley communities. .42 1 The needs and population of Dutchess 2 County are increasingly similar to those of 3 the counties south of us, such as 4 Westchester and Putnam. 5 Because of this continued growth, 6 Dutchess has become more suburban and shares 7 commonality with Westchester and Putnam. 8 Dutchess has grown and is still growing 9 at a very, very fast pace, just as our 10 counterparts are, Westchester and Putnam. 11 Our needs for better roads, our updated 12 infrastructure, are paramount in order to 13 keep up. 14 Our Congresswoman, Sue Kelly, is in 15 touch with our county, our residents and is 16 most familiar with our needs. 17 I wish to thank you for giving me the 18 opportunity to speak with you this morning. 19 SENATOR SKELOS: Thank you. 20 Questions? 21 SENATOR DOLLINGER: Just one 22 question, Mr. North. 23 You talked about the accelerated pace 24 of growth in Dutchess County, which .43 1 obviously transforms the county's character. 2 More jobs come in. There is more 3 development. There are more office 4 buildings, more commercial space, that tends 5 to impact the nature of the community. 6 And my question is twofold: One, do 7 you expect that growth to continue in the 8 sense of becoming more like Westchester, 9 which is what I think I heard you say? 10 Two, given those changes, does that 11 mean that we have to stop at Dutchess County 12 and combine it to the south and north, go 13 further north? 14 MR. NORTH: The answer to your first 15 question is that I firmly believe that 16 Dutchess will continue to grow at a very 17 fast pace. 18 Number two, as far as the redistricting 19 goes, I would believe that Dutchess County 20 should be included with all the southern 21 counties, the total county. 22 SENATOR SKELOS: I am just going to 23 ask you the other question. 24 We talked a couple of minutes ago about .44 1 the fact that Congresswoman Kelly's District 2 does go across the river. 3 My question is, if we were going to 4 combine that community, would we go further 5 across the River or would you suggest we go 6 further north or further south if, as you 7 say, Dutchess is beginning to look a little 8 bit more like southern Westchester. 9 MR. NORTH: My opinion would be to go 10 further north and stay on the eastern 11 portion of the Hudson. 12 SENATOR SKELOS: Thank you. Mr. Jack 13 O'Toole? 14 MR. O'TOOLE: Ladies and gentlemen of 15 the committee, I would like to thank you for 16 coming to Westchester and for hearing my 17 comments. 18 I come with a multiple purpose today. 19 I would like to talk to you about a 20 current State Senator, and then to ask you 21 to do us a favor. 22 I want to describe today one 23 hard-working guy, it's Guy Velella. 24 Guy Velella has been responsive, .45 1 helpful and supportive to his constituents 2 since I have known him, for about 10 years. 3 The needs of the north Bronx and south 4 Westchester, there is a commonality between 5 those needs. 6 The Senator has been able to bridge the 7 two counties and work well with civic 8 leaders in each of thoes counties. 9 Tenants are supportive of Guy Velella 10 because he has been supportive of tenants. 11 Yonkers, southeast Yonkers has a mobile 12 library going around southeast Yonkers now 13 because of Guy Velella. 14 Graffiti has been removed and is 15 totally non-existent in southeast Yonkers 16 because of Guy Velella. 17 There was a task force. We notified 18 the Senator's office, and it was cleaned up. 19 The second precinct in Yonkers -- and 20 this is very parochial, but -- has more 21 equipment, has lightweight fights for police 22 officers, lighweight vests for police 23 officers because of Guy Velella. 24 I mentioned the shared concerns of the .46 1 north Bronx and south Westchester. 2 We share parks, and we share the 3 developing need for new park, land for parks 4 to be dedicated. 5 Guy Velella is supportive of this. 6 We share sports teams. There is a 7 Yonkers and Bronx boys and girls club which 8 has sports teams which are supported by Guy 9 Velella. 10 The Greenway, Hudson River, and the 11 cleaning of Long Island Sound is supported 12 by Guy Velella. 13 Our schools, parochial and seniors -- 14 most of the students are either -- it is a 15 bi-county situation. 16 There is a school that is right on the 17 line between Westchester and Yonkers, St. 18 Barnabas. 19 Guy is supportive of those schools and 20 of those students. 21 Guy has been bipartisan, and I know 22 that as a civic leader. 23 So, I ask you to keep Guy Velella as 24 the State Senator for south Westchester, .47 1 where I live. 2 I grew up in the Bronx, and I know what 3 the Bronx needs -- or, did need and what 4 Westchester needs now. 5 I am living in Westchester now and I am 6 bringing up my family. 7 South Westchester needs Guy Velella. 8 He is a hard-working guy, and he does 9 what his constituents needs, and we just 10 need him. 11 Thank you very much. 12 SENATOR SKELOS: Thank you for 13 coming. 14 Any questions? 15 (No response.) 16 SENATOR SKELOS: The Honorable Joe 17 Solomine, Supervisor, Pelham Town. 18 MR. SOLOMINE: Good morning. My name 19 is Joseph Solomine, and I have asked Mayor 20 Davis of Mount Vernon to join me. 21 I have about a one-minute statement 22 and, if you wish to ask us some questions, 23 maybe that will help. 24 I just was wondering, how do I look? I .48 1 got all dressed up today. I'm okay? Not 2 bad, huh? 3 A couple of statistical facts: I was 4 born and raised in the Bronx, Pelham Bay, 5 which is always part of the 34th Senatorial 6 Ditrict. 7 And I moved to Pelham in 1972 and have 8 been there for 30 years, and became the Town 9 Supervisor and have been for six years. 10 The 34th Senatorial District has had a 11 relationship with Pelham for about 30 years 12 through six supervisors, two of which have 13 been Democrats. 14 That was a big mistake, but four of 15 which have been Republicans. Sometimes that 16 is funny. 17 We have approximately 7,000 registered 18 voters with about a 50-50 split. 19 In the last election, Senator Velella 20 got about 4,000 votes. 21 And I think the reason for that 22 bipartisan support is because of the way he 23 has reached out to the community. 24 Some of the things that he does -- .49 1 well, my position is a part-time position; 2 not by hours, but by virtue of a statement 3 that says I am a part-time supervisor. 4 I will many times ask him to play 5 traffic cop. For example, he has secured 6 for me a grant for a senior citizens' van. 7 He has secured for me a grant to build 8 a senior citizens/teen center, almost 9 $300,000. 10 We continually try to search out 11 granting and public facilities for parks and 12 recreation because the north Bronx and 13 Pelham and Mount Vernon are strapped for 14 recreational space and open spaces. 15 And we work very closely in these 16 areas. 17 I almost get the impression sometimes 18 -- and I mean thi with all due repect -- 19 that sometimes we have to tinker with 20 something just for the sake of tinkering 21 with it. 22 And I almost feel like, you know, 23 folks, if it is not broken, let's not try to 24 fix this thing because it just does not .50 1 work. 2 Now, the reason why I asked Ernie to 3 come up with me is because I also am 4 involved deeply in the Mount Vernon 5 community because I am involved in the Boys 6 and Girls Club in Mount Vernon. 7 Ernie and I have worked very closely 8 together. 9 When he was first elected, he put me on 10 as part of his transition team. 11 Senator Velella also represents parts 12 of Mount Vernon also, so they are kind of 13 interchangeable, which is why I asked Ernie 14 to join us. 15 If you have questions of either of us, 16 we would be happy to try and answer them. 17 MAYOR DAVIS: I am Ernie Davis, Mayor 18 of Mount Vernon, and we come together on 19 this occasion for a common purpose. 20 We know that leadership is extremely 21 important. 22 We know who represents you, that they 23 develop a sensitivity for the people and the 24 place they represent is critical especially .51 1 in my city. 2 Guy Velella is a registered Republican. 3 I am a Democrat. 4 We have sent Senator Thompson as a 5 Democrat to represent us. 6 And they work well together, and we 7 would hate to see that team split up for any 8 light reason. 9 We would like to keep the 10 representation that we have. 11 And I could go on and on. But the 12 bottom line is that we are happy with what 13 we got. 14 So, we would beseech your understanding 15 in this matter and act accordingly. 16 If there are any questions, perhaps -- 17 I do not think there will be, but just in 18 case. 19 SENATOR SKELOS: Senator Dollinger 20 has a question. 21 SENATOR DOLLINGER: In the 22 reapportionment of the 34th Senate District 23 last time -- and that District was the 24 subject of extensive litigation involving .52 1 the final plan -- the City of Mount Vernon 2 was divided according to -- 3 MR. SOLOMINE: I would just like to 4 point out, if I could, that there was 5 litigation in the State Courts about certain 6 items that the Court of Appeals affirmed, 7 the drawing of the 34th and the entire 8 Senate plan by a vote of six-to-one. 9 So, I would just like to put that on 10 the record. 11 SENATOR DOLLINGER: No question about 12 that -- 13 MR. SOLOMINE: And the Justice 14 Department approved the drawing of both of 15 these Congressional lines, taking into 16 account the Voting Rights Act. 17 SENATOR DOLLINGER: Right. That is 18 the issue that I wanted to ask. 19 As you know, it is a fact that the City 20 of Mount Vernon was divided largely along 21 racial lines under the 1990 Census to 22 accommodate at that time the legal 23 requirements of the Voting Rights Act. 24 Senator Skelos is correct; that was .53 1 cleared by the Justice Department as a 2 voting rights district. 3 Nonetheless, the City of Mount Vernon 4 was split along racial lines. 5 And I would just ask the Mayor -- I 6 mean, the law has changed, and there have 7 been a lot of changes, all of which we are 8 going to have to comply with. 9 And my question is, that division of 10 the City of Mount Vernon, if you had your 11 druthers, would you put it all back together 12 as a single unit? 13 Generally, we have the discretion to 14 split cities because of the requirement of 15 our State Constitution and elsewhere. 16 But my question is, would you put the 17 City back together in a single district? 18 MAYOR DAVIS: Well, if we did not 19 have the representation, maybe that would be 20 a question that I would entertain. 21 But since the team that we have has 22 shown that they can deliver the service -- 23 it is the presumption in the United States 24 that race is extremely important and that, .54 1 if one race is in, it punishes the other. 2 However, the exception has been -- if 3 you follow that premise -- that Guy Velella 4 and Ruth Thompson, who is African -- and Guy 5 Velella, who is sort of White -- 6 (Laughter.) 7 MAYOR DAVIS: -- has done a great 8 job. 9 So, they have overcome, and they are 10 exemplary examples of what America should be 11 about. 12 So, I do not expect there will be 13 problems with the line-up that we have. 14 MR. SOLOMINE: You folks are all in 15 the political arena, and you know that this 16 is all about relationships and the 17 relationships you develop over the years. 18 And to imply that a White Senator would 19 not service a Black community or vice versa 20 just does not make any sense whatsoever. 21 I mean, when we wanted to open up the 22 North Side Boys and Girls Club, he went to 23 his Community Block Grant and gave us $5,000 24 to open that up. .55 1 And that was all minority. I mean, it 2 just not wash especially in down- county 3 where we have this mix. 4 And I appreciate your concerns, but, in 5 this particular situation -- 6 SENATOR DOLLINGER: The only reason 7 why I raise that issue is because we have 8 heard and we continue to hear lots of 9 discussion about the merits of a particular 10 representative. 11 And we have heard that in New York 12 City. 13 We have heard it on Long Island. We 14 have heard it upstate. 15 And we have certainly heard about 16 Senator Velella before in the Bronx. 17 But the issue that we face, although we 18 can take incumbency into account in the 19 reapportionment process -- what we are 20 really here to do is to focus on 21 relationships between communities -- 22 geography on the ground, people on the 23 ground, communities on the ground -- and not 24 necessarily look at the skills of any .56 1 particular representative. 2 We understand -- certainly the four of 3 us who are elected officials, and I think 4 both of the other gentlemen on this Task 5 Force, understand that the quality of the 6 representative is what gives people a sense 7 of satisfaction. 8 I mean, Senator Velella won re- 9 election last year in what I think we could 10 describe as a hotly contested race. 11 And he clearly deserves the support of 12 his voters. 13 He proved himself to them again. But 14 in our process, what we are looking for are 15 facts on the ground, the demography, the 16 communities that exist on the ground that 17 are really a different factor other than the 18 skills of the particular elected officials 19 who represent them. 20 And our goal is to try to bring those 21 communities together when they have common 22 interests and common identification so that 23 they will have an opportunity to elect 24 someone who shares those interests for a .57 1 public office. 2 In Senator Velella's case, given the 3 unusual configuration of that district 4 which, as Senator Skelos points out, was 5 fully litigated in the '90s and resolved so 6 that that District was preserved for all 7 kinds of reasons, the notion was -- the 8 courts had said that is okay, to fashion a 9 district like that, because of the 10 compulsion of the Voting Rights Act, 11 foremost. 12 In looking at that a decade later, the 13 question is whether that community of 14 interest, those people on the ground, still 15 share that community. 16 That is what we are here to find out. 17 And in that respect, your comments 18 about Senator Velella and the nature of the 19 community are clearly pertinent. 20 I just want to emphasize that the 21 questions of the changing demography -- 22 certainly in the Bronx, with new Hispanic 23 populations and other trends -- put us in a 24 different position than we were a decade .58 1 ago. 2 And, frankly, the changes in the Voting 3 Rights Act put us in a somewhat different 4 legal posture, as well. 5 That is the only point I wanted to 6 make. 7 MR. SOLOMINE: But, certainly, 8 Senator Richard, you have the two top- 9 elected officials in adjacent communities 10 telling you 10 years later that this 11 particular Senator is doing the job and 12 reaching the community effectively. 13 You cannot discount that. 14 SENATOR DOLLINGER: I agree with you, 15 Mr. Supervisor, except that our goal is not 16 necessarily to preserve any incumbent as the 17 primary concern. 18 Instead, that is one of the factors, 19 and we have to look at a broader mix. 20 That is why I asked you the questions 21 about the community of interest which is -- 22 MR. SOLOMINE: But, of course, that 23 also plays down to the constituency also. 24 In other words, we are really not .59 1 concerned with the elected official as much 2 as we are the constituency that that elected 3 official serves. 4 That is most important, the key issue. 5 MAYOR DAVIS: I think the question 6 is, does Mount Vernon have more in common 7 with the Bronx than it has in the 8 configuration that we have that is not in 9 the Bronx. 10 I would say there is a Westchester 11 mentality, if you will, and there is a Bronx 12 mentality. 13 They do not necessarily mix. Even 14 though the complexion might be closer in 15 hue, the interests might not. 16 So, I think that you are talking about 17 a big city as opposed to a Westchester city. 18 And we obviously have different needs 19 at different times. 20 So, what we are saying is that the 21 experiment has worked. 22 And if you see fit, we would appreciate 23 if you did not tinker with something that 24 has shown that it works. .60 1 In fact, it can be an example. There 2 is a preconceived notion that people who are 3 not of the same -- did not come from the 4 same origin cannot work together. 5 And I think that this has proven that 6 they can. 7 Ultimately, I hope that we will have 8 really colorblind but common interests; 9 color is just one thing. 10 I do not agree with everybody that is 11 my color. I do not agree with everybody 12 that is your color. 13 But the philosophy that governs that is 14 the thing that counts. 15 SENATOR DOLLINGER: I just wanted to 16 make clear that I do not discount your 17 observations as to people on the ground of 18 the effectiveness of a Senator or an elected 19 official working together as part of a team 20 and providing for a community. 21 That is clearly -- I mean, although we 22 deal with concepts, the bottom line is that 23 that is what people are looking for from 24 their government. .61 1 And we ought to be in a position 2 whether on this Task Force or elsewhere 3 encouraging everybody in this State to 4 provide for their communities the way the 5 representative you have talked about does. 6 So, I just -- 7 MAYOR DAVIS: Well, we feel that the 8 -- let me leave you with a parting shot. 9 When I was -- I used to be a county 10 legislator sitting right over there 11 (indicating), and I use the word that we are 12 inextricably intertwined. 13 And that is more true than I ever 14 thought, regardless of who you think you 15 are. 16 There are common interests that anybody 17 in an organized society will share. 18 The Bronx needs to be whole. Mount 19 Vernon needs to be whole. Westchester needs 20 to be whole. 21 And when these communities are working 22 at maximum efficiency, when people have jobs 23 and when they have opportunity, you 24 automatically -- the byproduct of that is a .62 1 strong state. 2 And this is what we believe. Thank you 3 so very much. 4 SENATOR SKELOS: Thank you. The next 5 speaker is Brentley Frye. 6 MR. FRYE: Good morning. I am 7 Brentley Frye of Mount Vernon, here to speak 8 on behalf of Senator Guy Velella and the 9 need to maintain the Senate District as it 10 currently stands. 11 It has been a privilege to know the 12 Senator from my perspective in the role of 13 community advocate working with the 14 Fleetwood Neighborhood Association. 15 Consistently, Senator Velella has been 16 responsive to both the needs and the request 17 of the community. 18 And I say the word "needs" to 19 underscore the fact that he has been pro- 20 active in identifying areas for improvement 21 in the portion of Mount Vernon that falls 22 within his District; namely, Fleetwood. 23 I say "request" to emphasize that the 24 Senator has been extraordinary in .63 1 translating our input into actionable 2 deliverables whether they be in the form of 3 train station improvements or general safety 4 from the mobile police station. 5 The type of successful track record the 6 Senator has established over his many years 7 of service comes from two primary 8 fundamentals. 9 First: His thorough knowledge, 10 awareness and integration within the 11 District that he serves. 12 While the District bridges both the 13 Bronx and southern Westchester, an 14 examination of the characteristics of those 15 two communities indicates significant common 16 threads such as population density, 17 socioeconomic conditions, diversity and 18 housing prices. 19 Second: The Senator focuses on what is 20 important to his constituents enables a 21 consistency of execution, as he is 22 responsive to our needs and our requests. 23 All too often we see resources thrown at the 24 symptom of a problem rather than addressing .64 1 the harder underlying problem. 2 In this particular area, the Senator's 3 connections with his district has proven to 4 be a tremendous benefit to all of his 5 constituents. 6 I would like to spend a moment 7 addressing the notion of any changes to the 8 district scheme, which would be a major 9 disadvantage to both the constituents and 10 the State's charter of service. 11 The basic premise of redistricting, on 12 the surface, appears to be not a bad thing. 13 Yet, if you strip away the veneer of 14 this basic reason, one quickly gets to the 15 issue itself. 16 That is that there simply is no 17 compelling reason to change the current 18 district reapportionment. 19 I suppose the notion is best captured 20 by the saying, "If it isn't broken, don't 21 fix it." 22 The current move to adjust the district 23 boundaries, while perhaps very well 24 intentioned, simply is not the right thing .65 1 to do. 2 If we move forward, it is easy to see 3 that the momentum, the connection with the 4 community and the overall improvement in the 5 district will be disruptive perhaps in a 6 very damaging way. 7 Now, I ask, why would we want to 8 self-inflict this wound? 9 The bottom line is that there is no 10 basic good reason that I can see. 11 I urge the members of this board to 12 carefully consider the massive disruption 13 that would be a given outcome of any change 14 in the current district boundaries. 15 Further, I would ask, with respect, 16 that the results of consistently delivered 17 customer satisfaction in the Senator's 18 District be given a much greater weight than 19 any benefit that might come out of any 20 proposed changes. 21 If you have any questions, I would be 22 happy to address them if I can. 23 Thank you. 24 SENATOR SKELOS: Questions? .66 1 (No response.) 2 SENATOR SKELOS: Thank you very much. 3 Mr. Frank Morganthaler? 4 MR. MORGANTHALER: Good morning, 5 ladies and gentlemen, and thank you for 6 giving me the opportunity to speak today. 7 My name is Frank Morganthaler, and I 8 live at 14 Boone Street in Yonkers, New 9 York. 10 I am a constituent of the 87th Assembly 11 District and the 35th Senate District. 12 We all came here today to discuss 13 legislative redistricting. 14 I think that we all would agree that 15 any future redistricting should be done 16 fairly and equitably so that no individual 17 politician gain any unfair advantage as a 18 result. 19 Well, unfortunately, it would seem that 20 some politicians may have been a plan in 21 place that would assure them of a favorable 22 outcome when district lines are redrawn. 23 I do not believe that this body is 24 aware of the details of that plan. .67 1 It would be unfortunate if this Task 2 Force made any decision on redistricting 3 before it was made aware of the serious 4 nature of this information. 5 Legislative hearings conducted two 6 discuss local redistricting in Westchester 7 County produced a number of speakers who 8 adamantly disagreed with the validity and 9 accuracy of the 2000 Census results. 10 I also question the legitimacy of the 11 results. 12 I feel that there is a possibility that 13 the results could hav been collected in a 14 way that would favor certain politicians. 15 Accordingly, since I am very familiar 16 with the related facts, I felt that it was 17 my duty to present the information at this 18 hearing, and I will do so now. 19 The statistics compiled by the 2000 20 Census will be used to determine how New 21 York State election district bondaries will 22 be redrawn. 23 Census figures for Westchester County 24 were collected and tabulated by the White .68 1 Plainss local Census Office, better known as 2 "LCL 2248". 3 This local office was also responsible 4 for collecting all the data relating to the 5 35th Senate District and the 87th Assembly 6 District, and that is where the problem 7 lies. 8 Senator Nicholas Spano is the elected 9 representative in the 35th enate District, 10 and his brother, Michael Spano, is the 11 elected representative in the 87th Assembly 12 District. 13 They have a sister, whose name is 14 Eleanore Lennon. 15 Ms. Lennon was employed in the White 16 Plain local Census Office. 17 Her job title was Assistant Manager for 18 Field Operations. 19 The Assistant Manager for Field 20 Operations had the responsibility of 21 determining which areas would be counted, 22 how often they would be counted and who 23 would do the counted. 24 AMFO, as the position is known, also .69 1 had the charge of assigning crew leaders and 2 enumerators who went out and collected the 3 raw data. 4 All the data from the field was then 5 returned to the Assistant Manager for Field 6 Operations, Ms. Lennon. 7 She had total control over the process 8 of collecting the Census figures for 9 Westchester County. 10 Those same results would be used in 11 determining the reconfiguration of all of 12 Westchester County Election District 13 boundaries, even those of her two brothers. 14 Could this be a conflict of interest? 15 Could these two elected officials be gaining 16 an unfair advantage as a result of a 17 possibly tainted Census count? Ms. Lennon 18 was in a position where she could have 19 influenced the outcome of the Census count, 20 benefitting both of her brothers, if she 21 decided to do so. 22 Let me state that no one is making any 23 accusatory statements here. However, it 24 does beg the question: Why was the sister .70 1 of a State Senator and a State Asemblyman 2 working in such a highly sensitive Census 3 position? 4 The problem runs much deeper. There 5 are certain guidelines that every individual 6 who applies must meet in order to qualify 7 for employment with the Census Bureau. 8 One particular section of Census 9 Publication D-270 states that "...employees 10 of the Census must not engage in partisan 11 political activity during the entire 24 12 hours of any day you work for the Census 13 Bureau." 14 In that regard, Ms. Lennon should never 15 have been employed in any position by the 16 Census, much less the position of Assistant 17 Manager for Field Operations. 18 You see, for the entire term of her 19 employment with the Census, Ms. Lennon was 20 listed as the Treasurer of her brother 21 Nick's campaign committee, ID Number A03840. 22 Serving in that capacity would legally 23 preclude her from working for the Census 24 Bureau. .71 1 Apparently, Ms. Lennon did not divulge 2 this information to the Census Bureau on her 3 employment application, as is required, and 4 accepted a position in the White Plains 5 local census office. 6 The question must be asked as to why 7 the sister of two elected officials would 8 put herself in a position like this, and why 9 would her brothers not address possible 10 conflict of interest problems with her 11 before she accepted the position? 12 Or, was this all part of an elaborate 13 plan to seek an advantage in the 14 redistricting process? 15 On April 5th, 2001, The Westchester 16 County Weekly printed an article in relation 17 to this issue. 18 Shortly thereafter, Ms. Lennon's name 19 was removed as Treasurer from the Senator 20 Nick Spano Campaign Committee. 21 It appears the story got a reaction. 22 Why? Had the Spanos gotten caught? Were 23 they trying to cover up? 24 It was a little too late. Ms. Lennon .72 1 no longer works for the Census. The damage 2 already had been done. 3 It would appear that the publicity in 4 regard to this issue struck a nerve and 5 forced the individuals involved to take 6 action to try and cover up an obvious 7 problem. 8 In that regard, in late March, I 9 contacted the Inspector General of the 10 Department of Commerce in Washington, D. C. 11 I asked them to open an investigation 12 into this matter since Ms. lenno had 13 obviously been less than truthful in 14 withholding the information regarding her 15 political activity on her employment 16 application. 17 I also asked the Inspector General to 18 look into the possibility of impropriety in 19 this matter. 20 It would seem that Ms. Lennon was in a 21 position to influence the outcome of the 22 Census figures, especially those affecting 23 her brothers' election districts. 24 I feel that this conduct is at least a .73 1 conflict of interest. 2 It would also appear to be a violation 3 of commonly accepted ethics laws. 4 I believe that the State Ethics 5 Commision should look into this matter. 6 Additionally, I am calling on the New 7 York State Attorney General's Office and the 8 Westchester County District Attorney's 9 Office to fully investigate this matter. 10 I happen to believe that what was done 11 here is criminal. 12 Was this a carefully calculated plan 13 involving two elected State officials and 14 their sister, or was it just a coincidence? 15 That question is for your Task Force to 16 decide. 17 Did these elected officials attempt to 18 gain a decided edge and favorable redrawing 19 of their district lines? 20 Remember, changes made now will last 21 for 10 years. 22 Favorable changes could keep a greedy 23 politician in office for that entire period. 24 Would the promise of political .74 1 superiority in their district be worth 2 taking a chance to influence the Census 3 numbers? 4 Again, that is up to your Task Force to 5 decide. 6 The redistricting, when completed, will 7 have a serious effect on State and Federal 8 aid allotted to municipalities. 9 That aid should not be compromised, and 10 communities should not lose benefits because 11 of the possible corrupt activities of one 12 family. 13 This is a very, very serious matter. 14 I ask that your Task Force take the 15 information that I have presented today into 16 consideration when planning new district 17 lines. 18 I would further ask that the 19 Legislature take no action on redistricting 20 until the State Attorney General and the 21 Westchester County District Attorney have 22 completed their investigations into this 23 matter. 24 I have submitted related documentation .75 1 in the information packets that I left with 2 the Clerk for your review. 3 I hope you will look at those and 4 seriously review them. 5 Again, I thank you for your time in 6 allowing me to speak this morning. 7 SENATOR SKELOS: Questions? 8 SENATOR DOLLINGER: Mr. 9 Morganthaler, do you have any evidence that 10 the numbers enumerated by the Census Bureau 11 in Westchester County are either higher or 12 lower through the conduct of anyone during 13 the Census enumeration process? 14 Do you have any evidence of that? 15 MR. MORGANTHALER: Well, as I said, I 16 had attended a number of county hearings, 17 county legislative hearings in this regard 18 for redistricting. 19 And at those meetings, a number of 20 municipalities came forward and strongly 21 diagreed with the numbers that the Census 22 enumerated in this count. 23 They felt they were undercounted. They 24 felt they would lose aid as a result. .76 1 SENATOR DOLLINGER: I just want to go 2 back to my question. 3 Do you have any evidence that the 4 conduct of anyone influenced the collection 5 of those numbers during the enumeration 6 process? 7 You have made some very serious 8 allegations -- 9 MR. MORGANTHALER: I realize that. 10 SENATOR DOLLINGER: Do you have 11 redress for those allegations in other forms 12 other than this? 13 It sounds as though you have pursued 14 this, but I just want to be clear that our 15 goal is to deal with numbers and to deal 16 with communities. 17 And I just am alway troubled by the 18 fact that someone comes up and says there 19 has been damage done, there have been things 20 done, without proof that there has been any 21 alteration of the numbers that we have to 22 work with. 23 And I would just suggest to you that 24 these are very serious allegations to make .77 1 in a public forum. 2 I am not here to defend anyone. I am 3 on the other side of the aisle. 4 But I just would suggest that you made 5 some serious allegations. I would suggest 6 you take those allegations to where someone 7 can help you do it, unless you can tell us 8 that you have direct evidence that somebody 9 tinkered with those numbers one way or the 10 other. 11 If not, I am not sure it is appropriate 12 for you to make that comment here. 13 MR. MORGANTHALER: Well, one number I 14 can address is the fact that Mr. Spano, 15 Senator Nicholas Spano -- his district 16 picked up 8,004 additional voters in a 17 heavily Republican area. 18 Can I prove that that was done on 19 purpose? No. 20 But it does, again, beg a question: 21 How come? 22 If Mr. Spano, hypothetically now, was 23 able to use those 8,004 votes -- 24 predominantly in Yonkers, where he is very .78 1 strong -- that probably would -- 2 SENATOR SKELOS: I think what Senator 3 Dollinger is trying to say is do you have 4 any evidence? 5 There have been losses of population 6 upstate in Democrat areas and Republican 7 areas. 8 There has been loss of population in 9 the Republican areas on Long Island, where I 10 come from. 11 They have been getting new Republican 12 areas; they have lost some Democrat areas. 13 It is just the nature of what the 14 Census Bureau is, and the Census was 15 conducted under the Clinton Administration. 16 So, my question is very simple -- and I 17 agree with Senator Dollinger -- do you have 18 any direct evidence that this occurred? 19 And if you do not, then I think it 20 would be inappropriate at this forum for you 21 to continue. 22 MR. MORGANTHALER: Well, I think -- 23 and I will disagree as to it being 24 inappropriate because I think the fact that .79 1 a possible conflict of interest exists -- 2 SENATOR SKELOS: The Task Force has 3 been given the numbers by the Census Bureau. 4 Those are the numbers that we are dealing 5 with and will be dealing with. 6 MR. MORGANTHALER: Many 7 municipalities, when the numbers were 8 brought forward by the Census, disagreed 9 strongly with those -- 10 SENATOR SKELOS: We have had, 11 throughout the State, people who have 12 indicated they may be undercounted, 13 overcounted, whatever. That is another 14 issue. 15 But the Census Bureau has given us 16 their numbers that we are going to deal 17 with. 18 And I guess, again, you know, show me 19 the beef. If you don't have the beef, then 20 -- 21 MR. MORGANTHALER: I do believe that 22 there is some beef, if you will, in the fact 23 that this young lady had that position. 24 SENATOR SKELOS: Did you run for .80 1 office? 2 MR. MORGANTHALER: Did I? Once. Not 3 successfully, unfortunately. 4 SENATOR DOLLINGER: Excuse me. I 5 just want to make sure I make this point 6 very explicitly. 7 Senator Skelos is correct. We were 8 given numbers. There is no question that we 9 have heard complaints about undercounts and 10 overcounts and mistakes. 11 And, in fact, we know that there have 12 been mistakes because we know that in one of 13 the -- they misdrew where the Ossining 14 Prison was and put it in the wrong district. 15 So, we have dealt with mistakes, and we 16 have dealt with allegations of undercount 17 and overcount. 18 But I would just suggest -- and I go 19 back to this question: Do you have any 20 evidence that anyone intentionally altered 21 any numbers or engaged in any conduct which 22 intentionally altered the numbers that we 23 are dealing with? 24 MR. MORGANTHALER: I would not say .81 1 "altered numbers". 2 But I do believe more Census 3 enumerators were sent into specific areas 4 where the Senator -- which was the Senator's 5 District. 6 And that could be checked through 7 Census records. 8 SENATOR DOLLINGER: Mr. 9 Morganthaler, I would suggest that you have 10 ways to seek redress if there was a wrong 11 committed. 12 And I am going to tell you -- you can 13 do what you wish but, as I hear you tell me, 14 you do not have any direct evidence that 15 anyone changed the numbers, tinkered with 16 the numbers, altered the numbers that we 17 have to deal with. 18 Is that correct? 19 MR. MORGANTHALER: I guess you could 20 say that, yes. 21 Okay. Well, I just thought it was 22 important enough to bring to the attention 23 of the Task Force. 24 And, again, I thank you for your time. .82 1 SENATOR SKELOS: Louise Muller, 2 please? 3 MS. MULLER: Good morning, Gentlemen. 4 I am Louise Muller. I am a resident of 5 Pelham and a constituent of Congresswoman 6 Nita Lowey's. 7 I am a long-term school board member, 8 formerly of the Pelham Public Schools and 9 currently I am President of the Southern 10 Westchester BOCES Board of Education. 11 I am also immediate past Chairman and 12 former Presient of the Westchester 13 Children's Association, which is 14 Westchester's longtime independent child 15 advocacy organization. 16 As an advocate for children and an 17 elected policy-maker in public education, I 18 appreciate the opportunity to testify before 19 you on the critical importance of Nita 20 Lowey's service as a United States 21 Representative in the 18th Congressional 22 District. 23 She has been a tireless worker for 24 legislation which will benefit the healthy .83 1 growth and education of all children, 2 regardless of their social, economic and 3 ethnic background. 4 Representing a diverse population in 5 Westchester, the Bronx and Queens, 6 Congresswoman Lowey has a deep understanding 7 of the needs of families living in poverty, 8 families without health insurance, recent 9 arrivals who do not speak English, as well 10 as middle income and affluent families. 11 And her legislative positions reflect 12 that understanding. 13 I value diversity in our community, and 14 Nita Lowey values and reflects an 15 understanding of diversity in our 16 Congressional District. 17 America is a diverse place, and it is 18 important that our Members of Congress 19 understand that diversity. 20 For many years, Nita Lowey had 21 advocated for modernization and rebuilding 22 of our crumbling school buildings, 23 particularly in our poorer communities, our 24 more low-income communities. .84 1 She has introduced legislation to 2 provide Federal funds and assistance to help 3 the Nation's most needy school districts to 4 accomplish this. 5 Thanks to her steadfast leadership, 6 school modernization is now recognized as a 7 priority for Congress. 8 Our Congresswoman has pushed hard for 9 increased support for after-school programs, 10 keeping kids productively busy during hours 11 when many lack supervision and get into 12 trouble. 13 She has helped school districts in 14 Westchester, in particular, to secure $1-1/2 15 million to fund after-school programs where 16 they are most needed. 17 We have a tradition of strong public 18 schools in Westchester County, and Nita 19 Lowey has relentlessly focused on investing 20 in public schools rather than abandoning 21 them to a private school voucher system. 22 She has voted against every effort in 23 Congress to initiate and fund voucher and 24 voucher-like programs, and we applaud her .85 1 for that. 2 Nita Lowey has advocated greater 3 professional development opportunities for 4 school leaders, principals and 5 administrators. 6 To accomplish this, she has written 7 legislation to provide more such programs, 8 which is particularly important in view of 9 the growing dearth of candidates for 10 educational leadership in our schools, which 11 I am sure most of you in the State 12 Legislature are aware of. 13 Child health has been a priority for 14 Congresswoman Lowey, as it has for the State 15 Legislature, from lead poisoning initiatives 16 to medical insurance availability. 17 We can count on her vigorously to 18 advocate for measures that will promote the 19 health and wellbeing of the neediest 20 children and of all children. 21 Nita's concern for the appropriate 22 education of disabled children has led to 23 her support for full funding of the Federal 24 mandate at 40 percent of the excess cost of .86 1 educating these children. 2 The mandate for special education is 3 right, but the great cost must be fairly 4 shared by the Federal Government. 5 I have followed Nita Lowey's voting 6 record since 1988 particularly on education 7 and child health issues. 8 She has a virtually perfect record not 9 only in my eyes but in the eyes of our area 10 schools and the National School Board 11 Association, in addition to child advocates. 12 She works hard. She provides strong 13 constituent services. She visits and knows 14 her diverse neighborhoods, towns, villages 15 and cities and, thereby, serves us extremely 16 well in this very, very complex and diverse 17 Congressional District which she represents. 18 Clearly, Nita Lowey's services will be 19 needed in the future particularly by those 20 who have no vote, our children, as they grow 21 up from babies to become our new voters, our 22 new workers, productive citizens, and 23 leaders; our future. 24 I hope you can keep this in mind as you .87 1 make your difficult decisions to redistrict 2 the State of New York. 3 And I thank you very much for your 4 attention. 5 SENATOR DOLLINGER: Congresswoman 6 Lowey's District runs from Westchester south 7 through the Bronx into Queens. 8 Could you just tell me, from your 9 experience on the ground, the relationship 10 between that portion of southeastern 11 Westchester and the Queens portion of this 12 District? 13 I mean, you have argued for the 14 diversity of this District and her ability 15 to pull these diverse interests together. 16 What community of interest, if any, do 17 you see between the Queens portion of the 18 District and the Westchester portion? 19 MS. MULLER: The community of 20 interest would be in the field of policies 21 that benefit children and education in the 22 State of New York and the Nation. 23 And, frankly, some of the problems in 24 the Queens area that she represents lead her .88 1 to a better understanding of urban problems 2 which, in turn, of course -- in Westchester, 3 we have significant urban problems. 4 You cannot put yourself into a little 5 cubbyhole of all the same kind of people and 6 effectively set policy for America, for your 7 state or for your local community. 8 And I think that the Queens piece, 9 although it is, I am sure, difficult for her 10 to administer in terms of representing -- 11 this long string down into Queens -- I think 12 she has been, from my understanding, very, 13 very effective in doing that and 14 representing these two parts, not all of 15 which are that different from each other, 16 although geographically they seem to be 17 strung out. 18 SENATOR DOLLINGER: But you are 19 suggesting that the diverse nature of this 20 District may allow them to send a 21 representative to Congress who has an 22 understanding of the diversity not only of 23 New York State but potentially diversity of 24 the Nation which would make for a better .89 1 National educational policy? 2 MS. MULLER: Absolutely. And I do 3 not think everybody would successfully be 4 able to represent such a complex 5 Congressional District. 6 But many of the issues in a Yonkers, in 7 a Mount Vernon, in a New Rochelle, which are 8 urban districts, are comparable, indeed, to 9 the City which is -- of course, Queens is 10 part of New York City. 11 SENATOR DOLLINGER: Thank you very 12 much. 13 SENATOR SKELOS: Thank you. Our next 14 witness is Margaret Gotti, and she is going 15 to be represented by Cheryl Howell of Pace 16 University. 17 ASSEMBLYMAN ORTLOFF: Senator, I 18 would like to recognize that we have been 19 joined by Assemblywoman Amy Pullen. 20 MS. HOWELL: My name is Cheryl 21 Howell, and I am the Executive Assistant to 22 Dr. Margaret Gotti, who is the Senior Vice- 23 President of Pace University. 24 She has asked me in her absence to read .90 1 her testimony to you. 2 As you consider the important task of 3 creating new Congressional, State Senate and 4 Assembly District boundaries, I thank you 5 for the opportunity to provide public 6 comment on representation for the 18th 7 Congressional District. 8 If there is one person within the 9 Federal Government who is known mor 10 personally to those of us who participate in 11 or take an active interest in practical 12 politics, it is the Member of the House of 13 Representatives who serves our District. 14 As a resident of the 18th Congressional 15 District and an officer of one of the major 16 institutions of higher education located 17 within the 18th District, I have taken an 18 active interest in observing the composition 19 of the District and how the District has 20 been represented over the years. 21 I say without reservation that this 22 District has been served very well by the 23 Congresswoman Nita M. Lowey since her 24 election in 1988. .91 1 A legislator may be viewed as one who 2 is acting as our delegate, while exercising 3 independent judgment on public issues. 4 Nita Lowey has represented the 18th 5 District with integrity and every- 6 increasing ability and knowledge on the 7 issues that impact its diverse 8 constituencies. 9 Pace University's motto is 10 "Opportunitas." 11 For almost 100 years, the faculty and 12 staff of Pace have been dedicated to the 13 mission of making higher education 14 accessible to men and women of diverse 15 talents and experiences. 16 Many of our students have been the 17 first in their families to receive a college 18 or university degree. 19 We continue to serve this mission with 20 the assistance of knowledgeable 21 representatives like Nita Lowey who share 22 the same understanding of the importance of 23 education in fulfilling the promise of the 24 American dream. .92 1 In representing the racial, ethnic, and 2 socioeconomic diversity of the 18th 3 Congressional District, Nita Lowey stands 4 for "Opportunity." 5 Representative Lowey has been tireless 6 in her advocacy for affordable and 7 accessible higher education through tax 8 reform, including tuition deductibility and 9 increases in Federal student aid programs, 10 including Work- Study, Pell Grants, and 11 Federal loan programs. 12 Institutions of higher education in the 13 18th District have received Federal 14 education funds for such programs as the 15 Mercy College initiative to enhance 16 accessibility for and retention of non- 17 traditional students and Pace University's 18 partnership with other Hudson Valley 19 institutions to create a Center for Emerging 20 Technologies aimed at spurring economic 21 development in the region. 22 College and university students must be 23 prepared to meet the challenges of an 24 ever-changing job market. .93 1 And Representative Lowey has been a 2 strong ally in facing these and other 3 significant higher education issues. 4 Nita Lowey understands the complex 5 needs of the constituents of the 18th 6 District. 7 She knows the role of the Federal 8 Government in helping students to access 9 higher education. 10 She understands the intent of the Pell 11 Grant and other programs in providing aid to 12 the millions of needy students and their 13 families. 14 In concert with Representative Lowey, 15 the numerous institutions of higher 16 education, public and private, located 17 within the 18th Congressional District serve 18 the diverse population of the District by 19 helping students to complete their studies 20 and become productive and contributing 21 members of society who will have a positive 22 effect on the Nation's future. 23 Nita Lowey has also been a supporter of 24 the research agendas of our institutions on .94 1 issues such as land use, environmental 2 protection, sustainable development, and 3 biomedical research. 4 As a member of Representative Lowey's 5 Service Academy Review Board, I have had 6 occasion to observe her commitment to yet 7 another vehicle for providing educational 8 opportunities to worthy constituents. 9 During my time as a resident of the 10 18th District, I have served my community as 11 a school board member, hospital trustee, 12 board member of not-for- profit organiations 13 including the Red Cros, Salvation Army, 14 YMCA, United Way, a public/private 15 partnership for services to the aging, youth 16 boards, and a social service information and 17 referral agency, as well as a number of 18 business and economic development 19 organizations. 20 I have come to fully appreciate the 21 importance of diversity. 22 Diversity abounds in the 18th 23 Congressional District. 24 Our communities are stronger because of .95 1 the diversity. Our children are enriched by 2 the experiences afforded by this diversity 3 in preparing them for their places in a 4 global economy. 5 Representative Lowey fully understands 6 and appreciates the importance of a district 7 like the 18th as it mirrors the rich 8 diversity of our region, our State, and the 9 Nation. 10 The 18th Congressional District, as we 11 know it, is "Opportunity." The 18th 12 Congressional District is our future. 13 Again, thank you for providing the 14 opportunity to participate in the important 15 work of the Legislative Task Force on 16 Demographic Research and Reapportionment. 17 SENATOR SKELOS: Thank you very much. 18 The next speaker is Timothy Idoni, 19 Mayor of New Rochelle. 20 MAYOR IDONI: Good afternoon, 21 gentlemen. Thank you for coming to 22 Westchester. 23 My name is Tim Idoni. I am the Mayor 24 of New Rochelle, which is the 7th largest .96 1 city in the State of New York and the second 2 largest in Westchester County. 3 I have also served as President of the 4 Westchester Municipal Officials Association. 5 I was the President of the New York 6 State Municipal Management Association a 7 number of years ago. 8 It is an honor to stand before this 9 panel as you take on this most serious of 10 subjects which will have such an important 11 impact on the residents of each and every 12 community throughout our Nation. 13 The shape of our Congressional 14 Districts will truly shape the future of our 15 Nation. 16 We are represented in New Rochelle by 17 two Congresspeople: Eliot Engle, who has 18 done a wonderful job in terms of affordable 19 housing and a number of other issues, but 20 represents a very small portion of our City. 21 I also wish to discuss the impact of 22 New Rochelle's own Member of Congress, Nita 23 M. Lowey, who has had, over the past decade, 24 an indisputable recognition nationally that .97 1 she has received as one of the Nation's 2 great leaders in the areas of women's 3 rights, breast cancer research and the 4 public advocacy of the arts. 5 Even Bert and Ernie of Sesame Street 6 could testify to that. 7 But I would also like to bring to your 8 attention her wonderful work on behalf of 9 our municipalities. 10 Her wonderful attention to the details 11 of smaller communities and small cities such 12 as New Rochelle has led me to dub her 13 "Council Member Lowey", as if she had also 14 been voted to a seat on our New Rochelle 15 City Council. 16 A few years ago, we asked Congresswoman 17 Lowey to sit down and discuss the needs of 18 modernizing our city's infrastructure and, 19 in particular, the need to promote mass 20 transportation in the suburbs. 21 Congresswoman Lowey listened intently 22 to the city's vision for an intermodal 23 transportation center, modeled after the 24 distinguished United States Senator Daniel .98 1 Patrick Moynihan's Federal legislation, 2 which superbly recognized the need to reduce 3 commutation issues by combining 4 transportation systems in large metropolitan 5 areas. 6 Congresswoman Lowey's work over the 7 past five years has taken a project -- 8 well-designed and well-meaning but 9 languishing in the Federal bureaucracy -- 10 and made it a reality. 11 Construction will begin some tim eearly 12 next year thanks to the assistance of the 13 Federal Transportation Administration, the 14 County of Westchester, and our own city 15 officials, all brought together by Council 16 member -- or, should I say, Congresswoman 17 Nita Lowey. 18 She recently was able to obtain funding 19 for the vital rehabilitation of the major 20 arterial North Avenue, which leads thousands 21 of travelers to the Intermodal 22 Transportation, as well. 23 And her work does not stop there. Time 24 limits me to just two other quick items. .99 1 Her advocacy for the restoration of our 2 city's greatest asset, Long Island Sound, to 3 its former glory is exemplary. 4 From wetlands restoration at our city's 5 glorious Five Island Park to her call for 6 billions of dollars in funding to remove the 7 blight of nitrogen poisoning -- spoiling the 8 recreational and fishing industry -- Nita 9 Lowey has been there for us. 10 And Congresswoman Lowey has recognized 11 our city's most pressing problem in its most 12 important service -- education -- what to do 13 after our most outstanding school district 14 releases our children from clasess at 3:15 15 p.m. 16 Working closely with our city and its 17 Board of Education, Congresswoman Lowey has 18 obtained funding for after- school programs 19 which will encourage students to remain 20 after school to participate in extra work 21 sessions and recreational programs which 22 provide an alternative to the streets and 23 unsupervised activities. 24 I must put on the record that this .100 1 program has been a resounding success. 2 I will add that, technically, if I had 3 my druthers -- and Nita Lowey has not asked 4 me to say this -- I believe that, if a 5 district needs to be increased, it probably 6 should be increased in the area of the Town 7 of Greenburg, which is the largest town in 8 the County of Westchester and really has 9 very, very common issues to the City of New 10 Rochelle and other areas of her District. 11 I will not say anything about Queens at 12 this point in time. I would certainly 13 answer any questions if I have to. 14 While your panel has a difficult job to 15 do, I would urge all those who have a hand 16 in the decision-making process to keep in 17 mind the outstanding accomplishments of this 18 great American. 19 Nita Lowey's work on behalf of her 20 district and, in particular, the City of New 21 Rochelle, is second to none. 22 I will interject, in terms of the State 23 Redistricting, that we are also very, very 24 happy with our legislators, three of whom .101 1 are here today. 2 We wish that you would keep the 3 districts the way they are. 4 If there are any changes whatsoever, we 5 wish that the City of New Rochelle would 6 have a predominant legislator as well. 7 But I think it is important that we 8 have one legislator on both sides; in our 9 case, Susie Oppenheimer, in Montauk; she 10 represents a majority of the city, since we 11 are the seventh largest city in the State. 12 And I wish you all the best of luck in 13 your work. 14 And I thank you very much for your 15 time. 16 Thank you. 17 SENATOR SKELOS: Thank you. Are 18 there any questions? 19 (No response.) 20 SENATOR SKELOS: The next speaker is 21 Nancy Seligson. 22 MS. SELIGSON: Good afternoon. Thank 23 you for the opportunity to speak. 24 I am currently a councilwoman on the .102 1 Town Board of the Town of Mamaroneck. 2 I also chair the Westchester County 3 Environmental Management Council. 4 I have been a member of the Citizens 5 Advisory Committee of the Long Island Sound 6 Study for nine years. 7 I was the president and am currently a 8 board member of Save the Sound, a non-profit 9 environmental organization focused on 10 protecting and promoting appreciation of 11 Long Iland Sound and its watershed. 12 And I am here today to speak on behalf 13 of Nita Lowey's efforts in these areas, as 14 well. 15 I am speaking as a private citizen, 16 though. 17 Nita Lowey has worked hard and 18 creatively and cooperatively for Long Island 19 Sound for over 10 years. 20 She has authored significant proposed 21 legislation for increased funding for 22 implementing the Management Plan for Long 23 Island Sound and for upgrading the sewage 24 treatment plants. .103 1 She has championed having 2 environmentalists work together with 3 business and tradespeople to recognize our 4 shared interests and to be more productive. 5 She has been the co-Chair of the 6 Bi-State Long Island Sound Congressional 7 Caucus and worked across party lines to 8 encourage support for Long Island Sound. 9 In addition, she has been very 10 successful in securing substantial funds for 11 watershed protection and habitat restoration 12 in Westchester County, just as Mayor Idoni 13 mentioned. 14 She has also helped fund and support a 15 program called the Community Leadership 16 Alliance Program. 17 It is run out of Pace University's 18 land-use law center. 19 And it is a training program for 20 community leaders, teaching them about 21 land-use issues and leadership training. 22 The program reaches community leaders 23 in Westchester County, Putnam, Dutchess and 24 Columbia Counties. .104 1 I would say, simply put, that Nita 2 Lowey is a leader for environmental 3 protection in our region and a champion of 4 the most important natural resource in the 5 area. 6 Long Island Sound is a treasured 7 natural resource for all of us, and it is a 8 natural link that currently runs throughout 9 her District. 10 And I am pleased and proud to have been 11 able to work with her on these issues. 12 Thank you for the opportunity to speak 13 this afternoon. 14 SENATOR SKELOS: Thank you. Are 15 there any questions? 16 (No response.) 17 SENATOR SKELOS: The next speaker is 18 Ms. Susan Wang, President of Gilda's Club in 19 Westchester. 20 MS. WANG: My name is Susie Wang, and 21 I am President of Gilda's Club, Westchester. 22 I am very pleased to be here today to 23 talk about Gilda's Club Westchester's 24 experience in working with Representative .105 1 Nita Lowey, a valued member of the New York 2 delegation. 3 Westchester is a strong and growing 4 county, with very diverse communities, 5 strong neighborhoods and many challenges. 6 We need representatives in Congress 7 that can work to bring people together; to 8 think creatively about education, health 9 care, social services, and economic 10 development. 11 Nita Lowey has been an effective and 12 hard-working advocate for Westchester. 13 She listens. She builds consensus. 14 And she delivers for us. 15 Gilda's Club Westchester is a place 16 where people with cancer and thier families 17 and friends join with others to buil social 18 an emotional support as a supplement to 19 medical care. 20 Located on Maple Avenue in White 21 Plains, Gilda's Club welcomes men, women, 22 and children living with cancer, and 23 facilitates building a foundation to plan 24 social and emotional support for learning .106 1 how to live with cancer, whatever the 2 outcome. 3 Three out of four families in 4 Westchester County are affected by cancer. 5 Knowing these statistics all too well, 6 Congresswoman Lowey is regularly addressing 7 this program as it affects all of us. 8 I sought out the advice of the 9 Congresswoman early in the development of 10 our vision. 11 Congresswoman Lowey's door was always 12 open to us. 13 She was encouraging throughout this 14 process because she knew the importance of 15 providing such an invaluable service to our 16 community. 17 She was instrumental in securing 18 support for us so that we could create a 19 warm, non-residential home-like community 20 environment in Westchester where people have 21 an opportunity to connect and share 22 experiences with other people living with 23 cancer. 24 Licensed mental health professionals .107 1 facilitate support with networking groups 2 and arrange a monthly program calendar of 3 lectures and workshops and social events. 4 Our clubhouse is completely 5 handicapped-accessible and enables everyone, 6 children and seniors alike, to easily 7 maneuver about and participate in all 8 activities. 9 There is no charge for membership or 10 anything else at Gilda's Club Westchester. 11 The Congresswoman knew that when cancer 12 happens, it happens to the whole family. 13 She could appreciate the need for a 14 program and special playroom for children 15 and adolescents with cancer or who have a 16 family member living with cancer. 17 That is why she worked so hard to help 18 us create our clubhouse. 19 She worked hard so that we could bring 20 the Gila's Club Noogieland concept to her 21 constituents and their families who are in 22 need. 23 Noogieland meets Federal daycare 24 hygiene standards to ensure a safe .108 1 environment for children. 2 With the thought of helping the sick 3 chilren and their loved ones, the 4 Congresswoman was comitted to providing 5 incredible opportunities for the people she 6 represents. 7 These opportunities include a program 8 called "Smalltalk", which is a support play 9 group for children under 13 who have a 10 family member living with cancer. 11 Also included is "Teen Time", a 12 volunteer meeting with opportunities to help 13 around the clubhouse for teens who have 14 cancer in their families. 15 There is "Noogie Nights", which is 16 special play hours for chilren while their 17 family member with cancer attends clubhouse 18 activities. 19 We have "Customized Play" and support 20 activities for children of all ages with 21 cancer. 22 And we have a "Transition Program" for 23 post-treatment chilren with cancer who are 24 moving out of the hospital and are on their .109 1 way back to school, peers, and home. 2 Congresswoman Lowey has been a strong 3 supporter of this effort and many of our 4 other undertakings. 5 She has recently participated as our 6 keynote speaker to an assembly of affiliates 7 from around th world at the First Annual 8 Gilda's Club WorldWide Affiliates Conference 9 which Gilda's Club Westchester hosted right 10 here in White Plains this past May. 11 As the senior New York Democrat on the 12 House Appropriations Committee, she has 13 given us unique insight into the funding 14 process an practical guidance on how to 15 expand Federal support for Gilda's Club 16 Westchester. 17 Recently, the Congresswoman became a 18 member of the House Democratic Leadership, 19 where she has even more opportunity to look 20 out for the interests of Westchester. 21 Her years of experience, her 22 willingness to fight for us, and her ability 23 to accomplish things for all of Westchester 24 makes her an invaluable asset to our vibrant .110 1 county. 2 Gilda's Club Westchester is about love, 3 support, friendship an community. 4 Nita Lowey is about love, support, 5 friendship, and community. 6 Both are a perfect match for 7 Westchester County. 8 We could not have done it without her. 9 I hope that the Task Force will 10 seriously consider the importance of 11 preserving our community's relationship with 12 Congresswoman Nita Lowey. 13 We, in Westchester, sleep better at 14 night knowing that she is our representative 15 in Congress. 16 Thank you for the opportunity to 17 testify. 18 SENATOR SKELOS: Thank you. Are 19 there any questions? 20 (No response.) 21 SENATOR SKELOS: The next speaker is 22 the Honorable Joseph Panafko, Mayor of 23 Highland Falls. 24 MAYOR PANAFKO: Good afternoon. My .111 1 name is Joseph Panafko. I am the Mayor of 2 the Village of Highland Falls, which is in 3 Orange County. 4 And I am happy to be here today to take 5 part in these hearings. 6 I want to thank the State Legislative 7 Task Force on Demographics Research and 8 Reapportionment for the opportunity for me 9 to present the views of my constituents. 10 In our country's republican form of 11 government, we choose representatives who 12 reflect our values. 13 In Highland Falls, we understand and 14 appreciate hard work, commitment to 15 community and the effort of our neighbors to 16 make better the lives of their families. 17 Whether coaching Little League teams, 18 shoveling out our neighbor after a winter 19 storm or saving up for a family vacation, 20 this type of hard work makes the village I 21 represent better. 22 These contributions build a closeness 23 between neighbors and help build our 24 community. .112 1 There is not a community in New York 2 that cannot be improved without the work and 3 support of good neighbors. 4 Today, I am here to tell you about the 5 work of someone I consider a good neighbor, 6 Sue Kelly, or Congresswoman Kelly, as she is 7 known in Washington. 8 She has gone to bat for the Village of 9 Highland Falls and Orange County, and has 10 brought home some great things for our 11 community. 12 Congresswoman Kelly was a good neighbor 13 for Orange County when she introduced 14 legislation and worked for its passage under 15 the Impact Aid Program that increased the 16 funding to the Highland Falls-Fort 17 Montgomery School District from $300,000 to 18 $1 million a year. 19 Her efforts helped improve the quality 20 of education for hundreds of Orange County 21 youngsters. 22 Congresswoman Kelly's work in 23 Washington is appreciated, and her 24 leadership is timely, compassionate and in .113 1 the best interests of her fellow citizens. 2 When brush fires threatened West Point 3 last year, Congresswoman Kelly worked with 4 Federal agencies, including the Department 5 of Defense, to combat these fires. 6 Her efforts did not stop when the fires 7 ended. 8 Congresswoman Kelly recently secured $3 9 million to purchase two Firehawk 10 Firefighting Kits, which will be installed 11 aboard UH-60 Blackhawk Helicopters to better 12 fight brush fires in rugged terrain. 13 When the hard rains of Hurricane Floyd 14 washed out parts of our local communities, 15 Congresswoman Kelly secured disaster 16 assistance to repair the damage. 17 This aid helped local citizens and 18 businesses to get back and up and running 19 again. 20 Highland Falls relies on Sue Kelly. 21 Congresswoman Kelly understands the 22 needs of our community. 23 Whether it is through her consituents' 24 service helping our seniors and elderly with .114 1 their Social Security checks or working with 2 veterans to file their disability claims, 3 Congresswoman Kelly has worked hard for the 4 19th Congressional District. 5 Congresswoman Kelly's good deeds have 6 not stopped at the city limits. 7 All of Orange County has benefitted by 8 her work in Washington. 9 To help spur economic activity, 10 Congresswoman Kelly introduced special 11 legislation that was later signed into law 12 to authorize the transfer of 291 acres of 13 the Department of Defense land at Stewart 14 Airport to the community of New Winsor to 15 help economic development. 16 Whether it has been in times of crisis 17 or a time of calm, Congresswoman Kelly's 18 leadership has helped strengthen our 19 country, our county, our communities. 20 And I can tell you firsthand that 21 Congresswoman Kelly has helped strengthen 22 the village that I represent. 23 Since World War II, New York has 24 consistently lost representation in .115 1 Washington. 2 Each time, we have had to come together 3 and determine what is the best way for our 4 State to be represented in Congress. 5 I can tell you here today that the 6 State of New York, Orange County, and all of 7 the communities in the 19th Congressional 8 District are better represented in 9 Washington with Sue Kelly as our 10 representative. 11 As we continue through this process, if 12 we abandon our good neighbors, our 13 communities will lose out on the important 14 contributions from Washington that helps 15 build our community and make Orange County a 16 better place. 17 It is my recommendation to this panel 18 not to disturb the integrity of the 19th 19 Congressional District. 20 Our values have found a voice in 21 Washington, and we call her Congresswoman 22 Sue Kelly. 23 I thank you very much for allowing me 24 this time. .116 1 SENATOR SKELOS: Thank you. Are 2 there any questions? 3 SENATOR DOLLINGER: I just have one 4 question. 5 My question is one that I asked a 6 number of the speakers earlier about a 7 specific fact. 8 Given the fact that we have to expand 9 this district -- in this case -- only by 10 27,000, would -- I mean, there has been a 11 suggestion about going north on the east 12 side. 13 In your judgment, as someone on the 14 ground, would you expand it to the west, 15 west of the Hudson, or do you believe you 16 have more of a community of interest with 17 the east side of the Hudson? 18 I mean, you tell me. 19 MAYOR PANAFKO: Sir, good question. 20 And I will -- I can say these things. 21 Whether you go north or whether you go 22 west of where the Village of Highland Falls 23 is, right on the Hudson on the west side, 24 the communities are the same in that the .117 1 majority of the population are commuters; 2 they're rural. 3 So, they are basically the same. Now, 4 I will say this. We have a county 5 legislator that represents the Village of 6 Highland Falls, the Hamlet of Fort 7 Montgomery and also, on the other side of 8 the mountain going west, if you will, the 9 communities of Central Valley and Highland 10 Mills, the Town of Woodbury. 11 So, there is a county legislator that 12 is split there. 13 Maybe I -- without thinking about it a 14 lot, maybe I would go west. 15 I mean, if I had to pick today, right 16 now, I would say go west. 17 SENATOR DOLLINGER: The reason why I 18 asked that question is that we have heard 19 discussion throughout the State, especially 20 with respect to the cities, the circular 21 effect; that communities tend to move out 22 and have communities of interest that can 23 run in a circle around a city rather than -- 24 and that what we should look to do, we have .118 1 been told, is to unite those circular 2 communities, rather than to move further out 3 and combine rural, suburban and urban 4 communities. 5 What is the best way to describe this? 6 This of this as -- rather than like a 7 pizza and how you cut a pizza slice, instead 8 just create circles with the same center. 9 So, it would be your judgment that if 10 we are going to combine a community of 11 interest in this northern Westchester area, 12 we could go on both sides of the River and 13 get communities that are relatively 14 comparable, rather than going all the way up 15 one side of the Hudson or all the way up the 16 other where we would be combining more rural 17 with suburban and more urban? 18 MAYOR PANAFKO: Very much so. 19 SENATOR DOLLINGER: Very good, sir. 20 One final question. An earlier speaker 21 talked about the rapid growth of Dutchess 22 County as changing the character of that 23 community. 24 Is there a comparable growth in a .119 1 community similarly situated to Dutchess on 2 the west side that would give us that 3 growing community in transformation from a 4 rural suburban community to a more urban kin 5 of retail, office building type scenario? 6 Is there a comparable place on the west 7 side? 8 MAYOR PANAFKO: In exactly the same 9 area that I spoke about, west of the Village 10 of Highland Falls; the Town of Woodbury. 11 SENATOR DOLLINGER: So, if we were 12 going to connect those having a community of 13 interest, it would be your suggestion that 14 we could kind of draw a band across that 15 section of Hudson? 16 MAYOR PANAFKO: Yes, sir. It would 17 be very comparable to what is there now to 18 the District, very much so. 19 SENATOR DOLLINGER: Thank you. 20 MAYOR PANAFKO: Thank you. 21 SENATOR SKELOS: Ms. Suzanne Burger 22 of Dobbs Ferry, New York? 23 MS. BURGER: Good afternoon. I am 24 pleased to testify here this afternoon. .120 1 My name is Suzanne Burger. I am the 2 Chair of the Democratic Committee in Dobbs 3 Ferry, but I speak today as a voter in the 4 current 20th Congressional District and a 5 resident of the Town of Greenburg here in 6 Westchester County for more than 10 years. 7 My remarks this afternoon are to 8 suggest that the 20th Congressional District 9 remain roughly as it is currently configured 10 and include the roughly 80,000 citizens of 11 the Town of Greenburg. 12 Perhaps, if additional residents are 13 needed, we would include others from 14 contiguous parts of Westchester County to 15 allow for redistricting. 16 Now, this was not my initial reaction 17 when I was first asked this question. 18 But after thinking through various 19 options, I have come to believe that the 20 current configuration promotes three 21 positive values. 22 The first is that it would make the 23 20th Congressional District a competitive 24 district were there to be an open seat in .121 1 the future because, although we have heard a 2 lot of talk about incumbents here today, the 3 purpose of this Committee is not to address 4 the incumbents but to talk about the next 10 5 years. 6 I believe that both Democrats and 7 Republicans would have a chance in this 8 District were there an open seat. 9 And I believe strongly that a 10 competitive race enhances the importance of 11 each community within that District. 12 Second, the District shares many common 13 concerns. 14 Greenburg and Rockland share the Hudson 15 River. 16 The District shares the Tappan Zee 17 Bridge. 18 Whether there should be a new bridge 19 and, if so, where, will be an issue of much 20 debate in the coming years. 21 Many of the residents of these 22 communities commute to New York City, and 23 that gives them another commonality of 24 interest. .122 1 Rockland's population is expanding; its 2 traffic and congestion issues mirror those 3 faced by Greenburg communities. 4 And land-use, resource, and clean-air 5 issues must be addressed in a large forum. 6 We also share the Gannett Newspaper. 7 The list of commonalities is long. 8 The third thing is that keeping roughly 9 the same District would promote stability 10 and familiarity to the voters in recognizing 11 the Congressional community that they have 12 been part of. 13 I want to return for one minute to the 14 first point I made, and that is competitive 15 elections. 16 We hear constantly that citizens do not 17 vote, the percentage of citizens voting gets 18 lower and lower in every succeding election. 19 Young people, we hear, are just not 20 voting. 21 This week The New York Times ran an 22 article on its Education Page citing a study 23 that found that participation in school 24 government and school newspapers had a .123 1 significant correlation with students' 2 predilection for voting as an adult, but 3 civics classes alone do not. 4 In my opinion, people vote if they 5 believe the results are not preordained. 6 And for them to believe that, we need 7 competitive districts. 8 My guess is that because of the very 9 close election we just witnessed, both the 10 Presidential Election or on the upper East 11 Side of Manhattan, for example, turnout will 12 be much higher in the next cycle at least in 13 those communities. 14 If the residents of the 20th 15 Congressional District believe that their 16 vote will make a difference and if they 17 believe that every vote will be recognized 18 and needed, two things will happen: Their 19 representative will make sure that the 20 constituents' needs are addressed, and the 21 residents will come out and vote. 22 That will be a healthy outcome for this 23 redistricting process in which this State 24 will unfortunately be losing two seats in .124 1 the United States Congress. 2 Thank you for your time this morning. 3 SENATOR SKELOS: Thank you. 4 Questions? 5 SENATOR DOLLINGER: I just have a 6 question. 7 I appreciate your interest in a 8 competitive contest. 9 Would you define that for me? 10 MS. BURGER: Yes. I believe I am 11 using it today to stand for districts that 12 are not overwhelmingly Republican or 13 Democrat or do not vote overwhelmingly 14 Republican or Democrat so that people of 15 both parties have a chance to succeed and to 16 represent and to come out and provide 17 services for their constituents to make sure 18 that they have the support of the entire 19 community, and to not just rely on being 20 re-elected. 21 SENATOR DOLLINGER: And I want to ask 22 you the tougher question. 23 What do you mean by the phrase 24 "overwhelming"? .125 1 And here is the reason why I ask that. 2 I understand the interest in balancing 3 competitive districts. 4 Understand that one of the facts that 5 exists in this State that none of the people 6 at this table can do anything about is that 7 there are almost twice as many Democrats as 8 Republicans. 9 Recognize that there are geography 10 issues that clearly affect the locations of 11 Democrats and Republicans, all of which are 12 things that we have to consider; geography 13 and communities of interest. 14 And, therefore, what you are in essence 15 suggesting is that we somehow put a 16 political value -- in your case, neutrality 17 or competitiveness, however you wish to 18 phrase it -- above the other factors. 19 I that what you are suggesting? 20 MS. BURGER: I am not suggesting that 21 it be above other factors such as 22 commonaltiy of interest in community. 23 But I am suggesting that it should be 24 an additional factor that is considered if .126 1 you have many communities that have those 2 commonalities of interest. 3 I think that it encourages people to 4 participate in elections in their community 5 when they feel that their voice will be 6 heard. 7 And when they feel a race is 8 preordained, they do not participate to the 9 same extent. 10 SENATOR DOLLINGER: And the only 11 other reason why I ask is that I think you 12 can look at several people sitting here and 13 probably myself included where the notion of 14 how you got to office the first time in a 15 competitive race may disappear over the 16 course of a decade. 17 Whether it may be, as some people would 18 suggest -- or, certainly, I would like to 19 suggest; I am sure other elected officials 20 would. 21 We have worked hard. We have done a 22 lot to promote our Disrict, to do things for 23 our District. 24 The nature of what may appear to be a .127 1 competitive race over the course of time 2 becomes uncompetitive because of either 3 changing demographics or, in some cases, 4 because of the industriousness of a 5 particular incumbent. 6 That is why I think, just as you think 7 about the concept of what a fair fight or a 8 competitive district would be, it might be 9 competitive for one moment and then not be 10 halfway through the decade. 11 MS. BURGER: Well, we may have that 12 moment coming up in the next 10 years in the 13 20th Congressional District. 14 And we would like to be able to take 15 advantage of it to make that a competitive 16 race at that time. 17 SENATOR DOLLINGER: Okay. Again, 18 just so you understand the complexity of 19 what we are dealing with, it is difficult 20 for us to forecast the demographic, 21 political and other changes that might 22 create a competitive race at some time in 23 the longer future. 24 Even that is something that, I think, .128 1 is enormously difficult to do. 2 MS. BURGER: I agree. But I think if 3 you look at a photograph as it is today in 4 your current Census figures, you would be 5 able to keep that in your minds as you were 6 redrawing the districts, along with the many 7 other factors that I know you have to 8 consider. 9 SENATOR DOLLINGER: Okay. Thank you 10 very much. 11 SENATOR SKELOS: Thank you. The next 12 speaker is Joseph Murphy. Is Mr. Murphy 13 here? 14 (No response.) 15 SENATOR SKELOS: Mr. Jim Foy, CEO of 16 St. John's Riverside Hospital? 17 MR. FOY: Good afternoon. My name is 18 Jim Foy, and I am President and Chief 19 Executive Officer of Riverside Health Care 20 System. 21 I am most pleased to be able to speak 22 with you today about St. John's Riverside 23 Hospital, Yonkers General Hospital, and 24 Michael Malotte's (phonetic) Skilled Nursing .129 1 Pavilion's experience in working with 2 Representative Nita Lowey. 3 Those are the components of Riverside 4 Health Care System. 5 All of our facilities are located in 6 the City of Yonkers, a remarkably diverse 7 city including both pleasant suburban 8 communities and inner city neighborhoods 9 afflicted by the ravages of poverty, age, 10 alcohol and substance abuse. 11 While our hospitals work to address the 12 health care problems of all of our 13 communities, we are frequently frustrated by 14 the red tape of managed care and the 15 dramatically growing problem of the 16 uninsured. 17 Whether it has been in developing new 18 services in our Designated Aid Center, 19 expanding our Alcohol and Substance Abuse 20 Programs or in overcoming bureaucratic 21 roadblocks in the building of our badly 22 needed nursing home, Nita Lowey has always 23 been there for our community; I might say 24 along with the our committed State .130 1 Legistrators Richard Brodsky, Derrick 2 Burlow, Nick and Mike Spano. 3 Nita takes the time to understand the 4 problems we face and works creatively to 5 craft solutions. 6 As the Senior Democrat on the House 7 Appropriations Commitee, she has taught us 8 how to navigate the pathways of Congress in 9 health and human services effectively. 10 Perhaps most importantly, she has 11 always been willing to take the time to not 12 only address our institutions' problems but 13 the individual problems of the patients we 14 serve. 15 In closing, let me say that I find it 16 hard to conceive of how we would deal with 17 the myriad of problems we face now without 18 Nita Lowey. 19 I implore you to recognize the value of 20 this wonderful lady, and do what is 21 necessary to allow her to continue to serve 22 our community. 23 If I might add, in addressing a 24 question that was asked by Senator Dollinger .131 1 earlier to one of the other speakers, while 2 our area in Westchester is divided by water 3 from Queens, the problems in health care 4 that we are faced with are almost exactly 5 the same as those in Queens. 6 I had the benefit of serving for 18 7 years in various administrative positions in 8 hospitals in Queens, in the other part of 9 Representative Lowey's District, and I must 10 say that the problems that I face in Yonkers 11 are in no way any different from the ones 12 that we faced in Queens. 13 And Nita helped us on both sides. 14 So, I thank you. 15 SENATOR SKELOS: Thank you. Thank 16 you very much for your concise statement. 17 Ms. Janet Whitley Snyder? 18 (No response.) 19 SENATOR SKELOS: Mr. Alan Harris? 20 (No response.) 21 SENATOR SKELOS: Joseph Goubeaud? 22 MR. GOUBEAUD: My name is Joe 23 Goubeaud. I am from the City of Mount 24 Vernon, G-o-u-b-e-a-u-d. .132 1 It is really not that unusual, the 2 spelling. 3 I have been involved in politics in 4 Mount Vernon and in the community of Mount 5 Vernon for more than 25 years. 6 And I have gone through a number of 7 redistrictings. 8 Starting back in 1980, we were served 9 by one senator, one assemblyman and I 10 believe one congressperson. 11 In 1981, when that redistricting 12 happened, the City of Mount Vernon was 13 essentially split up. 14 And, initially, many of the City 15 residents and the community organizations 16 were upset by that fact, based upon the fact 17 that we then had three State senators, two 18 assemblypeople and two congressional 19 representatives. 20 It has worked to our benefit over the 21 last 20 years, I will say. 22 And my purpose in being here today is 23 to ask you to continue along those lines. 24 Going back to the first speaker who was .133 1 here, RoseMarie Panio, she talked about the 2 commonality, meaning that you should keep 3 the district so that the people in the 4 districts are similar and have similar 5 interests. 6 And while many people talk about the 7 Bronx being the end of the New York City and 8 lower Westchester being the beginning of 9 Westchester, there are many characteristics 10 and traits which carry through right over 11 that border. 12 And the communities continue -- once 13 again, referring back, as RoseMarie Panio 14 did, to ancient history almost. 15 In 1891, most of the Bronx was 16 Westchester County. 17 The first Westchester County Courthouse 18 is located at Westchester Avenue and Tremont 19 Avenue in the Bronx. 20 And many of those local towns, such as 21 Williams Bridge, King's Bridge, Eastchester 22 and Westchester, itself, were located in 23 what is now Bronx County. 24 That community has continued and I .134 1 believe has been represented well by the 2 State senators who have represented us over 3 the years; starting with Senator Colangela, 4 who was the first one who crossed that 5 border between the Bronx and Westchester in 6 terms of representing parts of Westchester, 7 and continuing with Senator Velella, Senator 8 Gallagher, Seabrook and Thompson, who have 9 -- Senator Thompson just started last year. 10 It has benefitted the City of Mount 11 Vernon to be represented by two different 12 representatives in both in the Senate and in 13 the Assembly, as well as the House of 14 Representatives. 15 Because of the fact that even within 16 the City of Mount Vernon, which is 70,000 17 people roughly -- and it is only four square 18 miles -- there are even divisions with 19 respect to the community. 20 And those divisions have been there a 21 long time. 22 And the Mayor, I believe, did speak 23 earlier as well that there are, in fact, two 24 communities in Mount Vernon. .135 1 And they have fit very well in the 2 Legislative Districts which have been there. 3 And we would ask you to continue that 4 because having two representatives represent 5 the City has aided us. 6 Senator Velella has been quite 7 successful in obtaining funding for the City 8 of Mount Vernon for a number of the 9 community organizations. 10 He specifically worked with one of the 11 parks where the City had indicated that they 12 just did not have the money to do it. 13 They were able to do it. He has worked 14 very well with the community organizations. 15 So, it is my request that you consider 16 leaving those boundaries somewhat the way 17 they are. 18 I know there was some concern -- and 19 many of the people have been concerned -- I 20 believe the gentleman from Poughkeepsie had 21 indicated that he felt the counties should 22 stay by themselves. 23 I would argue that it should not in all 24 situations be considered that way because .136 1 the legislators that we do have are 2 representing us very well and representing 3 the community that we have. 4 Thank you. 5 SENATOR DOLLINGER: I just have one 6 question. 7 You spoke about the benefits of Mount 8 Vernon being represented by two members of 9 the State Senate, correct? 10 MR. GOUBEAUD: Correct. 11 SENATOR DOLLINGER: And I hear your 12 testimony that, given your preference, you 13 would like that to continue? 14 MR. GOUBEAUD: That is correct. 15 SENATOR DOLLINGER: But that does not 16 require that we cut the Bronx/Westchester 17 County line. 18 We could cut a district in which a 19 portion of Mount Vernon is in a 20 Westchester-only district and a portion of 21 it is in another Westchester-only district. 22 Would we not get the same benefit for 23 your community without doing that, without 24 going to the Bronx? .137 1 MR. GOUBEAUD: I would argue no 2 because, between 1981 and 1991, we were 3 represented by three senators: Senator 4 Pasani, who had the Sound/Shore Area which 5 is basically New Rochelle and the 6 Sound/Shore communities. 7 His main attention was the Sound/Shore 8 communities and Mount Vernon pretty much was 9 forgotten. 10 We had a small portion which was 11 represented by Senator Flynn, approximately 12 six or eight election districts on the west 13 side of Mount Vernon. 14 Senator Flynn's concern was Yonkers, 15 and he paid basically no attention to Mount 16 Vernon. 17 Senator Colangela, who was the one who 18 did cross the boundary line at that point in 19 time, paid attention to Mount Vernon; I will 20 say that, and I will speak freely that he 21 did. 22 He started it. We started to get some 23 legislative punch in the Senate at that 24 point in time. .138 1 And it helped the City of Mount Vernon. 2 So, I would argue that, should you 3 think of dividing it a different way in 4 terms of picking up Mount Vernon with 5 another Westchester city, we would lose any 6 effectiveness that we do have. 7 Much of the City of Mount Vernon, when 8 they drew that line in or about 1892, when 9 the Bronx became the Bronx and Westchester 10 became Westchester, almost every parcel 11 along that line has the boundary line 12 running through it. 13 So, if you own a piece of property near 14 that Bronx line, parts of it are in Mount 15 Vernon and parts of that particular piece of 16 property are in the Bronx. 17 And while many people like to say, "Oh, 18 we do not know anything about the Bronx," it 19 is there and it is very much a part of the 20 City of Mount Vernon. 21 And the communities do run back and 22 forth. 23 There are approximately three or four 24 churches in that area as well which -- the .139 1 main church is located in the Bronx, an they 2 had a mission church, so to speak, in the 3 City of Mount Vernon. 4 So, there is a commonality, a sense of 5 community. 6 SENATOR DOLLINGER: It is just 7 interesting that you talk about the time in 8 the creation of a county line. 9 It was also right about that time, in 10 1894, that the Constitution was amended to 11 give counties -- at least in the State 12 Constitution -- give county lines greater 13 preeminence in the redistricting process 14 because of the requirements to try to keep 15 counties whole. 16 That is why I asked the question. 17 I mean, if the benefit is to get two 18 members, whether they be Republican or 19 Democrat, representing Mount Vernon, you 20 coul do that without having to cross the 21 Bronx County line. 22 MR. GOUBEAUD: As I said, that is 23 true; we do have a Democrat and a Republican 24 representing Mount Vernon at this point. .140 1 And I believe it is a nice balance. 2 But, as I said, when we did have other 3 Westchester County legislators, as, so to 4 speak, our split-senators, they were not as 5 effective because they did actually pay more 6 attention to the other communities. 7 SENATOR DOLLINGER: But you have 8 talked and a number of other people have 9 talked about Senator Velella's, I think, 10 unquestioned capability with his 11 constituents -- 12 SENATOR SKELOS: Well, Senator, if I 13 could interrupt, what the gentleman has also 14 said is that there has been a pattern 15 established even prior to Senator Velella 16 through Senator Colangela, that there is a 17 commonality of interest between the Mount 18 Vernon area and the Westchester/Bronx area. 19 So, it is not just Senator Velella; it 20 is a commonality of interest that has 21 occurred over the last 20 years. 22 And, certainly, with Senator Thompson, 23 which I find interesting because he is from 24 the smaller part of that District -- yet .141 1 Mount Vernon, the Westchester section, has 2 been able to elect a Democrat Senator where 3 the boundary part is the Bronx. 4 And everybody has managed to live 5 together well and hopefully prosper together 6 well. 7 So, I think it goes beyond Senator 8 Velella. 9 The pattern has been established over 10 the last 20 years, Senator Dollinger. 11 SENATOR DOLLINGER: Senator Skelos, 12 that is clearly one point of view. 13 What I am trying to find out is if the 14 issue is Mount Vernon being represented by 15 two representatives, that issue could be 16 accommodated without crossing into the 17 Bronx. 18 And if what you are looking for is two 19 effective represntatives -- and, again, 20 putting aside for a second the question of 21 the skills of an incumbent who gives 22 constituents service and other things -- 23 which, I think I would be misleading if I 24 did not say that there were lots of people .142 1 who came in and talked about Senator 2 Velella's impeccable skills in that regard. 3 But the question is, if what Mount 4 Vernon needs is two representatives so it 5 gets more attention, that, in and of itself, 6 is not contingent upon going into the Bronx. 7 It could be done in Westchester, could 8 it not? 9 MR. GOUBEAUD: It conceivably could. 10 But my point of view is that that 11 community that we have extends from the 12 Bronx more up the center rather than either 13 of the shores, meaning that Yonkers pays 14 attention to Yonkers and that is all that 15 Yonkers cares about. 16 And, you know, they make no bones about 17 it, that that is where their loyalty lies. 18 And we have found in the past, as I 19 said, when Senator Pasani -- which is 20 currently Senator Oppenheimer's District -- 21 the Sound/Shore communities always had the 22 louder voice, always were taken care of. 23 And Mount Vernon became a stepchild in that 24 particular District. .143 1 Whereas, when Senator Colangela did 2 pick up that part of Mount Vernon, we 3 started getting some attention. 4 SENATOR SKELOS: I should just also 5 mention the concept of one person/one vote. 6 Certainly, the Voting Rights Act sort 7 of trumps county lines. 8 And I think, in the last redistricting, 9 the Justice Department, the courts and State 10 boards, all understood that we were 11 accomplishing what we should be doing under 12 the Voting Rights Act and also one 13 person/one vote. 14 Thank you very much for being here. 15 MR. GOUBEAUD: Thank you. 16 SENATOR SKELOS: Would you clarify 17 for me what the "downshore communities" are? 18 MR. GOUBEAUD: "Sound/Shore". I am 19 sorry if it came across as "downshore". 20 The Sound/Shore communities include 21 Larchmont, Mamaroneck, those that run along 22 the Sound. 23 New Rochelle is called "The Queen City 24 of the Sound". That is the lower portion .144 1 there. 2 Following that right up the shore line, 3 which was the District that Senator Pasani 4 did represent and I believe is mostly 5 Senator Oppenheimer's District, would be the 6 Town of Mamaroneck, the Town and City of 7 Rye, Port Chester, Larchmont, Harrison, 8 which is also a town and a village. 9 SENATOR SKELOS: Thank you. The next 10 speaker is Donald Shaffer. 11 MR. SHAFFER: Good morning. My name 12 is Don Shaffer. 13 I am here today on behalf of the New 14 York Civil Liberties Union. 15 I might start by saying that I 16 appreciated the remark of Senator Skelos a 17 minute ago being concerned with the 18 prosperity of the community as a result of 19 redistricting. 20 My testimony, I think, will point out 21 in some cases that redistricting has not 22 contributed to the prosperity of the 23 communities. 24 The New York Civil Liberties Union, as .145 1 you well know, is the New York affiliate of 2 the American Civil Liberties Union. 3 And we are concerned about fundamental 4 rights that are guaranteed in the 5 Constitution. 6 Among the most basic rights, of course, 7 are the right to vote and the right to have 8 free choice in electing people whom we 9 support. 10 These rights are deeply implicated by 11 the Congressional, Senatorial an Assembly 12 districts which you are currently reviewing. 13 Any districting arrangement must deal 14 with the one person/one vote principle. 15 And at the same time, the district 16 boundaries must be designed to avoid 17 diluting the rights of voters to elect a 18 candidate of their choice. 19 It is with respect to the issue of vote 20 idlution that the NYCLU is deeply concerned 21 in connection particularly with lines in 22 Nassau and Suffolk Counties. 23 Not only Nassau and Suffolk but, in 24 this testimony, we are concerned .146 1 particularly with regard to Nassau and 2 Suffolk. 3 The facts are very clear. Nassau and 4 Suffolk Counties have a population of 5 approximately 2.7 million people. 6 Just uner 19 percent of that population 7 is African American and Latino. 8 However, that minority population is 9 not widely dispersed. 10 As a matter of fact, they are very much 11 confined, as you well know, to a significant 12 number of small communities. 13 In Nassau, there is Freeport, 14 Roosevelt, Uniondale, Hempstead, West 15 Hempstead, Lakeview, South Hempstead, 16 Baldwin, North Valley Stream, Westbury, New 17 Cassel, Elmont and South Floral Park, all 18 primarily in the Town of Hempstead. 19 In Western Suffolk, these are in 20 Amityville, Brentwood, Copiaque, North 21 Lindenhurst, West Babylon, Wyandanch, all 22 located within the Towns of Babylon and 23 Islip. 24 In Nassau, as in Suffolk, these .147 1 communities are in close proximity. 2 They are politically cohesive and 3 compact, and they share common interests. 4 All of this suggests the ease with 5 which Senate districts could be created to 6 more accurately reflect the minority 7 communities. 8 In Nassau, we believe it would be 9 relatively simple to create a 10 majority/minority senate district. 11 In Suffolk, we believe that it could be 12 easy to create and influence district. 13 Yet, for many years, the current 14 districting arrangement -- 15 SENATOR SKELOS: Are you talking 16 about Assembly seats or Senate seats? 17 MR. SHAFFER: Senate seats, in 18 particular. 19 On the Assembly seat, there is already 20 one Assembly District which has been created 21 in Nassau. 22 And it is entirely conceivable that 23 that could be done in Suffolk as well. 24 I do not have the numbers or the maps .148 1 in connection with that. 2 The facts are that, for many years, the 3 districts that I have talked about, that I 4 have mentioned so far, have been fragmented 5 in terms of the Senate districts in which 6 they are located. 7 They have been fragmented, and we 8 believe that is a reflection of intentional 9 districting policy and procedure. 10 For 30 years, the Senate redistricting 11 process in Nassau has split the minority 12 communities between the 6th, 7th, and 9th 13 Districts. 14 Political lines of the districts have 15 changed sharply during those 30 years. 16 But for those three decades, the 17 boundary lines dividing the minority 18 communities have remained largely the same. 19 A similar pattern is reflected in 20 Suffolk County for a period of 20 years; 21 that is, in the 1982 and 1992 districting. 22 Again, the minority communities in 23 Suffolk are split between the 3rd, 4th, 5th, 24 and 8th Districts. .149 1 Political lines have been redrawn, but 2 one constant remains; that is that the lines 3 fragmenting the minority communities 4 continue largely to be the same. 5 In Brentwood, in Islip Town, the line 6 splitting that community between Senate 7 Districts 3 and 4 has been practically the 8 same in each redistricting. 9 Moreover, such fragmentation cannot be 10 justified upon sound redistricting 11 principles, such as compactness and 12 contiguity, or respect for natural 13 geographic borders. 14 The fragmentation, in spite of those 15 sound principles, give reason to believe 16 that there was intentional racial 17 discrimination in such redistricting. 18 And the racial discrimination was 19 designed to prevent minorities from 20 achieving true political power in exercising 21 reasonable choice. 22 Fortunately, the demographic changes 23 this year as a result of the 2000 Census 24 give you a new opportunity to change that .150 1 pattern and correct the discrimination of 2 the past, to eliminate the suspicion that 3 the State Senate engaged in intentional 4 discrimination. 5 I have attached a chart to the report 6 which gives you some of the population data 7 showing the data for 1990 and the 2000 data. 8 And it shows that there has been a 9 signficant increase in the African American 10 and Latino populations in those communities. 11 In each of the 3rd, 4th, 6th and 8th 12 Districts, there have been increases such 13 that, in the 6th and 8th, the minority 14 population is now just under 30 percent in 15 each District. 16 And in the 3rd and 4th, each have about 17 25 percent. 18 As I said before, it is very likely 19 that a majority/minority district could be 20 created in Nassau County and an influence 21 district easily created in Suffolk. 22 We have a concern not only as to the 23 law and the principles of the Constitution 24 and the Voting Rights Act, but also on .151 1 public policy grounds. 2 And we believe that you share our 3 concern in connection with those policy 4 issues. 5 Political representation on a fair 6 basis contributes to a vibrant and healthy 7 democratic society. 8 It is a vital part of the political 9 process which involves coalition- building. 10 Minorities are often defined not only 11 by racial identity but by shared geographic 12 areas and common interests. 13 We believe that in Nassau and Suffolk 14 there is considerable racial block voting on 15 the part not only of the minority community 16 but also on the part of the White 17 constituency. 18 When minority communities are split and 19 fragemented by politically-drawn lines so 20 that their political power is not exercised 21 in full fashion, not only do they suffer as 22 a result of the process but they suffer in 23 substance. 24 And this goes to your point, Senator .152 1 Skelos. 2 The democratic process is thwarted and 3 causes injury not only as a matter of 4 process, but also as a matter of substance. 5 Individual legislators are no longer 6 accountable to their needs. 7 And, as you well know, the minority 8 communities, particularly in Suffolk and 9 Nassau, suffer failures right and left. 10 The school situation is the best 11 example. The high school tax rates in those 12 communities are another example. 13 The discriminatory overasessment system 14 -- I was just part of a lawsuit in Nassau 15 County which corrected that system. 16 There is a Consent Decree now, and 17 Nassau County is undergoing reassessment to 18 eliminate that discrimination which existed 19 for many years. 20 There is also a lack of services. You 21 know the list as well as I do. 22 We are currently representing -- 23 SENATOR SKELOS: Where do you live 24 now? .153 1 MR. SHAFFER: I now live in 2 Manhattan. 3 I lived in Nassau County for 37 years. 4 I now live in Manhattan, though I do 5 not quite know the relevance of that in 6 relation to this issue -- 7 SENATOR SKELOS: I was just curious. 8 MR. SHAFFER: Fine. We are currently 9 representing in two litigations throughout 10 the State the glaring problems of inadequate 11 and discriminatory education. 12 And the minority communities in Nassau 13 and Suffolk Counties are a critical part of 14 that litigation. 15 One of our litigations alleges racial 16 discrimination and the failure to enforce 17 the State's own regulations with regard to 18 the provision of services and resources in 19 the high minority schools. 20 The second alleges failure to provide 21 the opportunity for a sound basic education 22 which the Court of Appeals, as you know, has 23 said is a Constitutional requirement. 24 If we had -- or, if the minority .154 1 community had authentic and direct political 2 representation, we have no doubt that that 3 would have helped the political branch of 4 government to respond to those problems long 5 before this. 6 In dealing with Nassau and Suffolk, let 7 me make clear that we are not talking -- 8 that does not mean that we do not believe 9 there may be similar problems elsewhere 10 throughout the State. 11 And we hope that if our research 12 indicates that in the future, that you will 13 give us the opportunity to bring that to 14 your attention. 15 And we will send you written memoranda 16 with it. 17 And in concentrating only on the 18 African American and Latino communities at 19 this point, we do not mean to suggest that 20 there does not exist the problem with regard 21 to other minorities, the Asian community, 22 for example. 23 If that be the case, we will bring it 24 to your attention as well. .155 1 Finally, we urge the Task Force to 2 reconsider the district arrangements with 3 regard to Nassau and Suffolk Counties. 4 Racial discrimination is a cancer 5 eating away at the promise of our society. 6 Government-sanctioned discrimination 7 which denies fair choice and political 8 representation for minorities based on race 9 should not be permitted both on democratic 10 principles, on Voting Rights Act 11 legislation, equal protection doctrine and 12 public policy. 13 You have an obligation and now a 14 wonderful opportunity to correct the 15 discrimination of the past. 16 Draw the new lines so as to guarantee 17 free choice, fair choice, to minorities. 18 SENATOR SKELOS: Thank you. 19 Questions? 20 ASSEMBLYMAN ORTLOFF: As you all 21 know, this is a body appointed by the 22 Assembly and the Senate. 23 And as a member of the Assembly, I am a 24 little more concerned with Assembly .156 1 districts than for Senate districts. 2 And although I find your testimony 3 interesting on its face, I also find it 4 interesting in its omissions because I am 5 curious as to why the NYCLU is so concerned 6 with the Senate and seems to have turned a 7 completely blind eye to discrimination 8 examples in Assembly districts. 9 MR. SHAFFER: I do not think that is 10 the case, Mr. Ortloff. 11 We are concerned with Assembly 12 districts. 13 As a matter of fact, we brought -- and 14 smaller jurisdictions as well. 15 We brought the lawsuit in Nassau County 16 in connection with the Board of Supervisors 17 to create the County Legislature just a few 18 years ago. 19 That was an example of our aggressive 20 intervention in voting rights. 21 And we will look into the Assembly 22 districts as well. 23 As I mentioned, in Nassau County, there 24 is the 18th Assembly District which has been .157 1 created as a majority/minority district. 2 And we believe that, if there is 3 information that indicates there are more 4 districts that can be created, that should 5 certainly be done. 6 In addition, we supported -- though we 7 were not direct counsel, we supported the 8 case against the Town of Hempstead in which 9 the Town Council, on an at-large voting 10 basis, excluded, in effect, all members of 11 minority communities from legislative 12 positions. 13 And, certainly, the choice -- 14 SENATOR SKELOS: Can I ask you a 15 question on that? 16 In the Town of Hempstead, wasn't there 17 an African American councilman that was 18 elected townwide and wasn't there a 19 councilwoman, Mrs. Goozby, who was elected 20 at-large -- both of them elected at-large 21 townwide? 22 Wasn't there at one time, I believe, 23 two African Americans that sat on the town 24 boards and now, going through the .158 1 legislative method, there is one? 2 MR. SHAFFER: Whatever the history 3 is, Mr. Skelos, the history is. 4 But the Federal Court found a history 5 of discrimination and ordered a change from 6 the at-large voting system to district 7 systems in connection with the Town of 8 Hempstead. 9 They made a finding that there had been 10 discrimination historically, racial block 11 voting and discrimination in the provision 12 of services and government attitudes. 13 Let me just elaborate on that. As you 14 may know, in the Town of Babylon, a similar 15 issue was raised. 16 And in a referendum, when the 17 legislators tried to create a district 18 system, the voters overwhelmingly White, 19 rejected that system. 20 We would argue that that is another 21 example, perhaps, of the history of 22 discrimination in that area. 23 And it is a matter that we are 24 currently investigating in terms of further .159 1 litigation. 2 ASSEMBLYMAN ORTLOFF: May I follow 3 up? 4 Your answer to my question only prompts 5 me to be even more concerned because, when I 6 raised the question of the Assembly, you 7 seemed to be completely unaware of any of 8 the issues that might apply just to Assembly 9 districts. 10 And, in fact, your answer, in talking 11 about town elections in Hempstead and the 12 other local jurisdictions, only leads me to 13 wonder again. 14 If you are so all-encompassing, why 15 have left out the Assembly? 16 Let me ask you a particular question. 17 In the Towns of Babylon and Islip in 18 Suffolk County, my own very cursory 19 examination and in talking with people who 20 live in that community indicates that you 21 could make the case that Assembly district 22 lines are discriminatory in that area; they 23 could create a majority/minority district. 24 For example, I could create for you .160 1 today a 75 percent minority district in the 2 Towns of Babylon and Islip and, yet, you do 3 not even mention that as an example. 4 What has happened there is the minority 5 community has been divided into one majority 6 Democratic district and another Democratic 7 district -- ostensibly. 8 And I am not saying so, but the people 9 in the community have said so; that the 10 division exists to deliver those safe 11 Democrat votes to two White Democrat 12 incumbents at the expenes of communities 13 like Wyandanch and others in that area. 14 Why don't you look at that? 15 MR. SHAFFER: I would welcome any 16 information that you would want to present. 17 And I assure you that it will have our 18 attention. 19 ASSEMBLYMAN ORTLOFF: Have you looked 20 at, for example, the -- I think we have 21 eight Hispanic incumbents in the Assembly 22 today. 23 If you go to Queens, if you go to the 24 Bronx, I think you could create a couple of .161 1 more there. 2 There is certainly a concern among the 3 Hispanic Legislative Task Force. 4 Have you dicussed this with them? 5 MR. SHAFFER: I personally have not, 6 and I do not believe that, as yet, we have 7 been in touch with Members of the Assembly 8 in that area. 9 But there is no reason in the world why 10 we should not. 11 As you know, the Civil Liberties Union 12 is strictly a non-partisan organization. 13 And while -- 14 SENATOR ORTLOFF: I always thought so 15 -- 16 MR. SHAFFER: Just as an example, on 17 discrimination in assessments, when many of 18 the people in the community argued that this 19 was a Republican assessment system, that the 20 Republican Party ran Nassau County, I for 21 one always pointed out that the Democrats on 22 the Board of Supervisors and the Democrats 23 in the County Legislature had the 24 opportunity to make changes or at least move .162 1 in that direction, and failed to do so. 2 So, I want to make clear the non- 3 partisan nature of the Civil Liberties Union 4 approach to this problem. 5 And I think that the point you make is 6 well-taken. 7 And we will look into the Assembly 8 situation as well. 9 ASSEMBLYMAN ORTLOFF: Have you looked 10 into the Asian population in the City of New 11 York and the number of potential 12 majority/minority agencies that could be 13 created? 14 MR. SHAFFER: I have read the 15 testimony that Margaret Fung of the Asian 16 American Legal Defense Fund presented to 17 this Task Force. 18 And it is something that we will be 19 talking further with her about. 20 I personally have not. And the NYCLU 21 has not as yet begun to deal with that 22 issue. 23 ASSEMBLYMAN ORTLOFF: Have you looked 24 into the City of Syracuse and the African .163 1 American community there and the way that 2 has been divided into two separate 3 districts? 4 MR. SHAFFER: As I indicated, we have 5 not, but that is certainly -- in the 6 statement, I made clear that that is 7 something that we would want to do as we get 8 into this process more. 9 ASSEMBLYMAN ORTLOFF: Your written 10 statement does not -- 11 MR. SHAFFER: The written statement 12 deals only with the facts in Nassau and 13 Suffolk as we have them. 14 ASSEMBLYMAN ORTLOFF: With respect to 15 only the Senate, correct? 16 MR. SHAFFER: And the State Senate. 17 That is correct. 18 ASSEMBLYMAN ORTLOFF: You do not have 19 any further explanation for why there is 20 that focus on the Senate and not the 21 Assembly? 22 MR. SHAFFER: The information with 23 regard to the Senate was brought to our 24 attention. .164 1 We would be happy to receive your 2 information as well and deal with that issue 3 based upon its merits. 4 ASSEMBLYMAN ORTLOFF: So, in other 5 words, your investigation was driven by 6 somebody outside providing you with 7 information, not by your own objective -- 8 MR. SHAFFER: We asked for some 9 information with regard to this districting 10 process. 11 And this information came forth. We 12 are asking you now for some information, and 13 we would hope that you would send it to us 14 and bring it to our attention. 15 SENATOR SKELOS: May I ask you who 16 you asked for that information? 17 MR. SHAFFER: Who did we ask? We 18 asked the Senate Leader, Martin Connor and 19 his office in one case. 20 And now we would be happy to receive it 21 from you as well. 22 ASSEMBLYMAN ORTLOFF: Let me just ask 23 you further. 24 Thank you for the question. I guess my .165 1 question goes to the heart of why a 2 non-partisan organization seeking 3 information about discrimination would go to 4 the Democratic Leader of only one House to 5 request the information? 6 How did you make that decision? 7 MR. SHAFFER: In Suffolk County, the 8 nature of the discriminatory process is so 9 overwhelming in terms of the elected 10 legislators that it stares one in the face. 11 I may have slightly wrong numbers; I am 12 speaking from memory. 13 There are 11 Assembly Districts. There 14 are four or five State Senators. There are 15 10 Town Councils, each with multiple 16 members. 17 There are three Congressional figures. 18 There is not a single African American 19 or Latino representative on any of those 20 bodies. 21 It stares one in the face and makes one 22 ask questions: Why is that? 23 ASSEMBLYMAN ORTLOFF: You included 24 Assembly seats in -- .166 1 MR. SHAFFER: I included the 11 2 Assembly seats in Suffolk County. 3 ASSEMBLYMAN ORTLOFF: I thought we 4 were talking about Nassau County -- 5 MR. SHAFFER: Well, listen, the 6 situation in Nassau could be improved as 7 well. Absolutely right. 8 We have talked about it in terms of the 9 County Board of Legislators; there are 10 conceivably two or three more seats that 11 ought to be developed very shortly in order 12 to give the minorities the representation to 13 which they are really entitled. 14 ASSEMBLYMAN ORTLOFF: So, this all 15 began because the situation as you saw it in 16 Suffolk County was so, if I remember your 17 words, glaringly obvious? 18 MR. SHAFFER: As far as I am 19 concerned, that is absolutely true. 20 ASSEMBLYMAN ORTLOFF: And you went 21 seeking information about why there was 22 glaringly obvious discrimination, in your 23 words, in Suffolk County in the 11 Assembly 24 seats and the five Senate seats and in all .167 1 the local legislative seats. 2 And to investigate the reason for that, 3 the NYCLU went to Senator Connor and only 4 Senator Connor for -- 5 MR. SHAFFER: Well, so far, that is 6 the case. 7 But, again, it is easily corrected. 8 Send me the information. My statement 9 has my -- 10 SENATOR SKELOS: I think what 11 Assemblyman Ortloff is saying is that he 12 finds it interesting, at least, that you 13 would, in the case of Suffolk County, go to 14 the Democrat Minority Leader of the Senate 15 for information. 16 Again, just out of curiosity, have you 17 contacted the Assembly Minority Leader, John 18 Fasso, for any information, who is the 19 Republican Leader? 20 MR. SHAFFER: If you feel that would 21 be productive, I would be happy -- we have 22 not done that, but I will be happy to do 23 that if you think that would be productive. 24 But, again -- .168 1 SENATOR SKELOS: Because we want to 2 make sure that your organization truly is 3 non-partisan and that your only reach is not 4 just to the Democrat Minority Leader of the 5 Senate for information because Senator 6 Connor may be partisan in the information 7 provided. 8 MR. SHAFFER: The partisan nature of 9 this discussion would easily be overcome by 10 correcting the problem, whether it be in the 11 Assembly, whether it be in the Senate or any 12 other place. 13 SENATOR DOLLINGER: May I ask a 14 question? 15 As I understand your testimony, Mr. 16 Shaffer, you have gotten some of that 17 information from Senator Connor. 18 But I also understand that, if there 19 were additional information from anybody on 20 this panel or from any other person in the 21 public, you would take that into account in 22 deciding what position, if any, the NYCLU 23 would have with respect to redistricting at 24 any level. .169 1 Is that correct? 2 MR. SHAFFER: Absolutely correct. 3 SENATOR DOLLINGER: So, it is not so 4 much where the information came from; it is 5 the nature of the information and its 6 accuracy that the NYCLU is looking for in 7 coming to some position, if any, in the 8 redistricting process of any portion of 9 this? 10 MR. SHAFFER: That is correct. 11 SENATOR DOLLINGER: Finally, as I 12 understand your testimony, the NYCLU has 13 been involved in the Hempstead 14 reapportionment in the issues relating to 15 the assessment issues in Nassau County and 16 in other issues in Suffolk County, as well. 17 That all pre-dates any discussions you 18 have had with Senator Connor or anybody on 19 his staff, is that correct? 20 MR. SHAFFER: Of course. 21 MR. BRUY: I am just curious. Do you 22 recall if the Civil Liberties Union was 23 involved at all in the legal dispute over 24 the 12th Congressional District created 10 .170 1 years ago, the so-called Bullwinkle 2 District? 3 MR. SHAFFER: I do not know it by 4 that name. 5 Could you tell me the -- who the 6 Congressperson -- 7 MR. BRUY: The Velasquez District. 8 MR. SHAFFER: I do not know the facts 9 in connection with it. 10 My understanding is that the Civil 11 Liberties Union has supported such 12 districts. 13 Whether they were involved in the 14 Velasquez District or not, I do not know. 15 MR. BRUY: Thank you. 16 SENATOR SKELOS: Thank you. Lorraine 17 Palais? 18 MS. PALAIS: Good afternoon. I am 19 here representing the Lincoln Park Taxpayers 20 Association in Yonkers. 21 And if I realized that this was going 22 to be a testimonial to incumbents, I could 23 use some of the other hats I wear because I 24 am a former Democratic ward leader in .171 1 Yonkers. 2 I could tell you about how wonderful I 3 think Nita is. 4 I am President at the present time of 5 the 2nd Precinct Community Council, and we 6 have been the recipients of grants from 7 Senator Guy Velella that we have used for 8 our police officers. 9 And I was a Congressional aide back in 10 the eighties to a Congressman. 11 And I can honestly tell you that 12 splitting a Congressional district between 13 Westchester and the Bronx does cause 14 problems because you work with different 15 agencies, Social Security agencies, other 16 agencies, in each district. So, there is a 17 problem. 18 But what I am really here for is about 19 what you called the meeting for, and that is 20 to discuss reapportionment. 21 One of our biggest problems in the City 22 of Yonkers is the fact that we are next to 23 New York City. 24 But please remember that we are the .172 1 fourth largest city in the State. 2 Those of you -- I heard someone say 3 from Rochester, "I do not think you have the 4 same problems we do." 5 The first speaker was talking about the 6 fact that she did not want to be part of the 7 rest of Westchester County because we are an 8 urban area and our problems are different 9 and such. 10 Well, if we could move Yonkers out from 11 where we are, maybe we would get the 12 recognition that I think we deserve. 13 We are chopped up into all kinds of 14 little pieces. 15 We have got two State Senators, two 16 Assemblymen. 17 There are three Congressman in the City 18 of Yonkers. 19 And I do not think any of the other 20 large cities in the State of New York would 21 be in -- would have that problem. 22 And what I am really upset about and 23 what I have had to live with for the past 24 eight years or so is the last .173 1 reapportionment that you did to the Assembly 2 seat that is now held by Gary Pretlow, who 3 is a friend and who I respect. 4 In order to make his District, they 5 took part of Mount Vernon and the western 6 part of Yonkers near the Hudson River. 7 And in order to make a contiguous 8 district, they have a one-block strip that 9 runs along the southern part of Westchester 10 and the northern part of the Bronx. 11 And that area has no representation. 12 You would say that we do, but most of 13 the people in that District think that Mike 14 Spano is their Assemblyman because he has 15 all the rest of Yonkers. 16 When there are things going on, we have 17 to go to Mike for it because that little 18 strip is not attached to anything really. 19 And what we are asking you to do is 20 what you did with the State Senate District 21 because I do know that you have to work by 22 numbers. 23 The problem is there are too many 24 people in Yonkers to make just one Assembly .174 1 district. 2 What we are really asking for is, if 3 you are going to come into the City and take 4 a section of it, please have it a 5 self-contained area; not with this little 6 strip and a piece over here. 7 We want representation as you did with 8 Guy Velella's District. 9 He has the southeast section of 10 Yonkers. He represents it. Everyone in the 11 District knows who their State Senator is. 12 He does a marvelous job for it. And we 13 want that same representation in the 14 Assembly. 15 We do not want to be, you know, 16 attached to something. 17 I know that when it was originally 18 done, they called it something else. Now 19 you call it an opportunity district. 20 But the City of Yonkers in the past 10 21 years has gone through a lot of change. 22 You know that we were a landmark 23 lawsuit brought by the Federal Government 24 that claimed we were segregated housing and .175 1 schools. 2 And because of that, the City has built 3 200 units of low-income housing on the east 4 side. 5 They have done all kinds of affordable 6 housing initiatives. 7 And I think all of the City of Yonkers 8 is pretty well integrated so that any area 9 that you add on to Mount Vernon will add to 10 his numbers, if that is what you are trying 11 to do. 12 But I think that it is about time we 13 stopped drawing lines like that and that the 14 Assembly district should be one whole 15 district. 16 I do not know if you have any questions 17 about it. 18 (No response.) 19 MS. PALAIS: I gather I made my 20 point. 21 MR. PALAIS: Good afternoon. My name 22 is Eliot Palais. I am a former City 23 Councilman of Yonkers, currently Title IV 24 Director at Fordham University. .176 1 And I have been involved with the 2 Democratic Party as the State Commitee 3 Members' first vice-chair of the Yonkers 4 party. 5 In order to run, I have to ask my 6 wife's permission because she is the ward 7 leader. I am only the District leader. 8 But I am here to tell you that the City 9 of Yonkers is known as the City of Gracious 10 Living. 11 Unfortunately, it is getting more 12 difficult to live up to that reputation 13 because of the piecemeal gerrymandering and 14 changing of districts that has been going 15 on. 16 I know the constraints that you operate 17 under, the legislative mandates to set up 18 the proper districts. 19 But I would ask you to please -- and 20 this is a term you could probably go to the 21 bank with -- refrain from jigsaw 22 gerrymandering. 23 Jigsaw gerrymandering confuses the 24 public, alienates the public, and it really .177 1 upsets people because they do not know where 2 they belong. 3 Even the County, in its wisdom in 4 redistricting, has removed only one street 5 of one district and kept the other district 6 in tact. 7 And, for the life of me, I cannot 8 figure out why they did that. 9 So, to take a city and chop it up is 10 really unfair. 11 We ask -- as my wife had mentioned 12 before -- that you take larger districts and 13 put them together. 14 I seem to have stumbled upon 15 testimonials all morning long. 16 And if the current situation goes on, I 17 can give testimonials to two State Senators. 18 I can give testimonials to three 19 Assemblymen -- two Assemblymen, and two 20 Federal representatives. 21 But I think the time has come where we 22 would like to narrow it down to a proper 23 representation so that people will not feel 24 alienated; they will know who their .178 1 representatives are, and we can get more 2 participation. 3 I thank you very much for listening to 4 me. 5 SENATOR SKELOS: Thank you. I 6 understand the next speaker is Mr. Joseph 7 Murphy. 8 MR. MURPHY: Good afternoon. Sorry I 9 am late. I was taking care of some elderly 10 people; they were looking for some money. 11 So, if you have some extra money, you 12 should pass some legislation. 13 However, I am here on behalf of the 14 issue of redistricting, and I am going to 15 read the text that I have prepared. 16 My name is Joseph P. Murphy. I reside 17 at 57 Franklin Avenue, Rye, New York, 18 located in the 18th Congressional District. 19 Before that, my same address fell in 20 the 20th Congressional District. 21 Tomorrow, I assure you my address will 22 remain the same, but whre will my 23 Congressional District be located? 24 It is a pleasure to appear before this .179 1 esteemed body to speak in behalf of 2 Congresswoman Nita M. Lowey, who has 3 represented our Congressional District over 4 12 years. 5 My intent is to be constructive and 6 unselfish in my remarks. 7 My hope is that Ms. Lowey, like me, 8 will not have to change her address, her 9 office address, as she had to do the 10 preceding time. 11 For those of you who do not know Nita 12 M. Lowey, I can attest to her capable, 13 committed representation of her constituents 14 these past five terms. 15 I do not presume by my presence that I 16 can advise you on how to resolve the 17 redistricting lines, but rather I hope to 18 persuade you to sustain the integrity of Ms. 19 Lowey's Congressional District. 20 In my lifetime, I have been selective 21 in my appearances to testify before 22 governmental bodies. 23 Today, I would be remiss were I not 24 willing to accept this challenge. .180 1 I am here not just as a citizen, but 2 also as a retired Chief Warrant Officer W4, 3 having served in the Marine Corps and Naval 4 Reserves for 28 years. 5 My military experience has taught me 6 many things. 7 Most importantly, I learned that 8 expectations are accomplished through 9 perseverance and alliances to strategies and 10 people. 11 During my military experiences, I was 12 blessed to be able to make a difference. 13 This took attention to duty and 14 sacrifices of my time. 15 These same attributes are essential, in 16 my opinion, for a member of the U.S. 17 Congress. 18 One special woman of the United States 19 Congress, giving unselfishly of herself with 20 an undivided attention to the interests of 21 her country, community, an constituents, is 22 Nita M. Lowey. 23 She cares about our national interests 24 and repreents her District with compassion .181 1 for the needs of others. 2 She has long demonstrated her 3 dedication to our Nation's young and elder 4 citizens without prejudice. 5 Without her, outcomes would be less 6 than perfect. 7 We need her to continue as a national 8 leader for our future. 9 She is ably equipped to respond to 10 crises and to elevate our country to higher 11 standards. 12 I am particularly appreciative of her 13 vision relative to the future interests of 14 our military. 15 She has shown unusual imagination for 16 this Country's national interests by the 17 unique services she offers her youthful 18 constituents. 19 As Chairman of her Service Academy 20 Review Board, I have witnessed her able and 21 supportive leadership role first hand. 22 She assists our Board unconditionally 23 in reaching out to every interested 24 youngster desiring the chance to attend a .182 1 military academy. 2 I have seen her commitment to public 3 service through the actions of this Board. 4 I have witnessed that her service to 5 others lies within her very fiber. 6 My work under her direction is 7 performed in a non-partisan arena comparable 8 to my experiences as a former school board 9 trustee. 10 She envisions the needs of her youthful 11 constituents as a priority. 12 She converts her own expectations of 13 herself on us as Review Board members, 14 demanding we aim beyond the norms. 15 I know because I have been performing 16 this volunteer work since 1983 under three 17 Congressional representatives, including Ms. 18 Lowey. 19 In all the years I have volunteered to 20 serve young candidates seeking admission to 21 a military academy, there has never been a 22 more rewarding time than under Ms. Lowey's 23 leadership. 24 Unlike her predecessors, she elevated .183 1 appointment outcomes for all applicants by 2 margin far more plentiful than required. 3 It is not just because the youth of our 4 District are smarter, but because she 5 believes in them and in our national 6 interests. 7 She knows our country is best served by 8 elevating youth to higher levels of purpose 9 and excellence. 10 She knows our country thrives on a 11 foundation calling for a strong and 12 intelligent military. 13 To commit to these objectives, she has 14 maximized the use of the resources of her 15 office by offering them to her constituents. 16 She accentuates all avenues of 17 opportunity for them. 18 The proof is in the pudding. Under Ms. 19 Lowey's leadership, we have been able to 20 achieve over 125 appointments to all four 21 academies over the past 12 years, greater 22 than a 2-to-1 margin. 23 The reason for this success is that she 24 insists the young people be exposed to .184 1 information, going the extra distance to 2 advance educational programs and offering 3 guidance to the more serious candidates to 4 ensure higher results. 5 The outcomse of our ervice Academy 6 Revie Board are not just the result of the 7 dedicated community leaders who serve on her 8 Board, although they are critically 9 important to the process. 10 It is Ms. Lowey's continuous 11 encouragement of us to meet new challenges. 12 She offers us the support of her entire 13 staff to help us exceed goals. 14 What she accomplishes for our future 15 military is that the same high standards she 16 applies to herself be met in military 17 leadership. 18 Her public service record must be 19 sustained by preserving her Congressional 20 District lines. 21 Thank you. 22 SENATOR DOLLINGER: I have just one 23 question. 24 You mentioned you lived in Rye. Is .185 1 that in the City of Rye? 2 MR. PALAIS: The City of Rye. Is 3 there any other Rye? 4 SENATOR DOLLINGER: Well, there is a 5 Town of Rye. 6 MR. PALAIS: The City of Rye. 7 SENATOR SKELOS: Thank you. That 8 completes our list. Is there anybody else 9 who wishes to testify? 10 (No response.) 11 SENATOR SKELOS: Thank you very much. 12 Motion to adjourn? 13 ASSEMBLYMAN ORTLOFF: So moved. 14 SENATOR DOLLINGER: Second. 15 SENATOR SKELOS: All in favor say 16 "aye". 17 (A chorus of ayes.) 18 SENATOR SKELOS: Opposed? 19 (No response.) 20 SENATOR SKELOS: The meeting is 21 adjourned. 22 Thank you. 23 (Whereupon, at 1:50 o'clock p.m., the 24 Public Hearing was adjourned.)