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.




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         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.




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         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?




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         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.




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         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




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         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.




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         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




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         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.




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         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.




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         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.




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         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.




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         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.




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         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




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         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.




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         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




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         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




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         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.




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         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




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         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.




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         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




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         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.




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         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




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         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




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         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,




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         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




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         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.




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         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




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         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




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         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.




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         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




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         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




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         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




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         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




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         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




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         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.




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         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




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         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




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         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




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         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?




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         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




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         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.




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         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




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         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




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         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




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         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




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         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




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         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.




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         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 --




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         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




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         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 --




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         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.




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         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




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         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




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         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




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         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




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         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




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         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




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         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.




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         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




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         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.




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         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




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         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




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         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




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         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




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         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.)



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