Originally Published: June 24, 2011
Statement By Dick Dadey, Executive Director Of Citizens Union
Citizens Union is confused about how the Senate can justify the creation of an independent commission for mandate relief but not for redistricting.
It seems that the Mandate Relief Council being created in the soon to be voted on omnibus property tax cap/rent regulation bill affirms without a doubt the ability of the legislature to delegate its powers to an advisory body as it performs its legislative function, much in the same way as the proposed independent redistricting commission contained in Governor’s redistricting reform program bill is envisioned. The planned formation of such a panel addressing mandate relief undermines the Senate Republicans’ claims that creating an advisory but independent commission to draw district lines is an impermissible delegation of legislative authority.
For the purposes of impartial redistricting, Citizens Union continues to advocate for creation of an outside advisory commission operating independently of the legislature to remove the conflict of interest that occurs when legislators draw their own district lines. Our position is further supported by a pro bono legal analysis of Governor Cuomo’s redistricting reform legislation conducted by an international law firm supporting the ability of the legislature to delegate authority to an outside advisory commission.
Senate Republicans in recent months have argued that the creation of an independent redistricting commission is an unconstitutional delegation of the legislature’s powers and a violation of the separation of powers doctrine between the executive and legislative branches of government. Yet the Mandate Relief Council in S.5758A introduced by Senate Majority Leader Dean Skelos and presumed to be contained in the final omnibus Affordable Housing Act is an example of just such a delegation of power.
The Skelos bill creates an eleven member council which “shall be independent of the legislative, executive and judicial branches of state government.” Five of the eleven members are appointed by the governor to the Mandate Relief Council, in sharp contrast with the independent redistricting commission proposed in Governor Cuomo’s redistricting reform program bill for which the legislative leaders exclusively choose the appointees from a pool of nominees. The Mandate Relief Council also possesses powers that go beyond those which an independent redistricting commission would exercise. It has the authority to present bills repealing mandates to the legislature that must be voted without amendments within 30 days and on its own “repeal a rule, regulation, or order.” An independent redistricting commission, in contrast, would be limited to drawing district maps and providing them to the legislature for approval. The legislature would retain the right to amend the recommended maps after rejecting the first two redistricting plans submitted by the independent redistricting commission.
Citizens Union supports the prudent use of the legislature’s ability to delegate its authority. With the Senate Republicans supporting a significant delegation of its authority to determining appropriate forms of mandate relief, we call on the legislature to do the same to remove the conflict of interest that occurs when it draws the very districts in which legislators serve and pass legislation creating an independent conflict-free process for reapportionment.