The Conundrum Over Conjectured Term Limits Voted by The City Council Versus a Referendum
By HEZI ARIS

eHezi Campaign Trail, Community, Governance, Hezitorial, History, Law, New York City, New York State, People, Politics, Westchester County, NY, Yonkers, NY 43 Comments

The Term-Limits Extension Hezitorial

Charicature of a younger, better looking Editor-at-Large / Radio Host Hezi Aris.

YONKERS, NY — October 28, 2018 — Yonkers Tribune has pointed out for some two years that the prospect for term limits to be extended for a third hour-year term was contemplated. Many people did not believe this was a plausible game plan despite the template for the efficacy of engaging the New York City Council when requested by Mayor Michael Bloomberg. He  won New York City Council support and was handsomely rewarded for a third four-year term. Mimicking that legal concept and construct is already underway in Yonkers, what with the Yonkers City Council’s Town Hall Forum scheduled for Monday night, October 29th at the Yonkers Ceremonial Courtroom from 7-8:30pm with regard to the “Terms of Office Legislation”.

From the onset of recognizing that the process for a City Council simple majority of 4-3 votes needed for such an approval probable, the passive-aggressive conduct of the likes of former Yonkers City Council President Chuck Lesnick has muddied the “water”, with support among others, suggesting that a referendum can be engaged sometime in the year 2019. The prospect for such being the case is nothing but a cerebral quagmire to which there is no conclusive answer no matter the pontifications of some who are seemingly intent on derailing the process for their own “power grab” prospects. Let us explore the concept and prospect of setting a special election for a referendum for extending term limits for a third four year term in 2019. 

For the Yonkers City Council to engage in a vote toward the purpose of extending term limits is a formula that had reaped its reward for the continuation of governance under the helm of New York City Mayor Michael Bloomberg. The issue was brought to the New York City Council and voted shy a few votes for extending the term of office for a third term. This vote was taken a year prior to it becoming law. Then and now, the issue is whether extending term limits is New York State Election Law or a prospect afforded by the respective city council charter, that is, the New York City Charter and/or the Yonkers City Charter. In both instances, the New York State Legislative Agenda calendar must be defined for casting such a vote. In New York City (NYC) that was not an issue but it has become a contentious concern in the City of Yonkers (CoY). For passage of extending term limits with a majority vote by the city council membership  is demanded a year prior to it taking effect. The vote in NYC was only for Mayor Bloomberg to have an extension of his terms in office. In CoY, the vote would permit a third four year term extension for the Yonkers City Council Membership and that of Mayor Mike Spano.

So the vote in CoY with a majority vote by the City Council must be concluded a year prior to the 2019th Election. Similarly, if there is interest to have a referendum that goes to the voter for either a “Yeah” or “Nay”, a specific date for calling such a Special Election must be requested from the New York Legislature in 2018 for placement on its 2019 Legislative Calendar. So, for the sake of argument, CoY designates such a date for this Special Election in April 2019. Let’s randomly choose April 1, 2019 for the Special Election. CoY advises New York State that they should like to have a Special Election and request the item be placed on the  Legislative Calendar. So far, so good. But alas, there is a glitch. Come January 1, 2019 or thereabouts in 2019, as the New York State Legislature settles on the 2019 Legislative Calendar, there is no law or directive that requires the NYS Legislature must abide or conform to the request for CoY. In other words, since there are 365 days in any given year, a requested any date, and only one date can be chosen, beseeching accommodation from the NYS Legislature becomes a “crap shoot” with the odds of 1 in 365. Taking a chance on a Special Election for a referendum request for extending Term Limits from the NYS Legislature for placement on the Legislative Calendar can be and is likely to be derailed by the fact that it is a numerical improbability. It is incongruous to even suggest that the New York State Legislature will defer its Legislative Calendar interests to serve Coy instead of itself. Let’s get real. Failing to have the issue placed on the Legislative Calendar would deny the Citizenry of Yonkers the opportunity to be heard on the issue.

Some in CoY suggest that they are likewise not being given the opportunity to be heard by way of a Yonkers City Council membership vote which is anathema to the most recent votes cast for each councilmember holding office except for one who was appointed to a seat left empty by the previous office holder winning a seat to another office. So can the voters now suggest they are not being well served by the members on the Yonkers City Council membership they already elected for the first time or for a second term? Votes were cast during the last election, it is too late to suggest those in the representative position in every Yonkers City District is not representative to those in the community that voted for them. Perhaps at issue is the fact that there are now disgruntled voters who were not engaged in voting last time and are now embittered and forlorn over the outcome before them. Those present contrarians today were not previously engaged and some believe their not participating in the election process is not conducive to their present circumstance and sensibilities. Perhaps that is a lesson that may inform potential “voters” to cast their vote as they deem appropriate, rather than presently whine for their abrogating their responsibility to themselves, their family, district, and city in the past.

On top of that, Yonkersites must recognize that the cost to CoY in holding a Special Election over this issue when every aspect of this process is tabulated will cost over $3 million. That’s right, $3 million. The equivalence of raising the taxpayer’s burden another 1 percent. It seems conduct and lack of planning has consequences. The Yale “legal eagle”, one Chuck Lesnick, among others, are in a stir because they have been outmaneuvered and outwitted with a two-year plan that Yonkers Tribune advised was the intentioned plan.

Lest anyone suggest they know the law, postulating one set of plausible outcomes, is not a guarantee for adherence to that one construct; there may be as many as 3 or five plausible concepts. 

The ‘takeaway’ suggests that those who assert their political interests either stay engaged throughout the time from one election to the next or find themselves extraneous and lacking for having “gone fishing” from one election cycle to the next. It seems too many who aspire for public office leave CoY bereft between election cycles only to come pandering with cup in hand beseeching the voter’s support only to leave CoY bereft of any credible input from them other than an intrusive photo-op that is tolerated but despised for its false engagement with Yonkersites.

If Yonkersites want something different, they will not be denied in casting their vote for all who will run in the next election. Extending term limits is not a guarantee for re-election, neither are petition drives on Facebook, among other innocuous social media platforms in one forum or another.

 

eHeziThe Conundrum Over Conjectured Term Limits Voted by The City Council Versus a Referendum
By HEZI ARIS

Comments 43

  1. We need to go back to the good old days of Tony Pagano & Hugh Fox the real Union men of the YFD and knew how to handle situations without threats bullying robot calls hiring lawyers grandstanding and just acting like an thug #McGoey MUST GO 🤡🤡

  2. Unbelievable.

    A truly Solomon-like leader of the Yonkers City Government; would have immediately commandeered the windfall Real Estate Transfer Tax influx, precipitated by MGM Grand’s recent purchase of the Empire Casino (formerly known as Yonkers Raceway) in the form of Property Tax Rebate checks to the tax payers of our city.

    FAT CHANCE.

    Moreover, STRONG MAYOR:WEAK COUNCIL::WEAK MAYOR:STRONG COUNCIL.

    TOTAL BS.

    BI-PARTISAN COOPERATION…..What a total joke.

    Heads; I win……Tails; you lose.

    Power to the people.

    Hezi, you are such an articulate writer. I am so inescapably enveloped AT ALL TIMES, merely reading your most audacious and eloquently synthesized prose. Wow.

    But I am most undoubtedly and by far more pinacally humbled by your fearless tenacity in speaking the whole TRUTH and nothing but the TRUTH; for in this municipality it comes with an 110% guarantee that retribution shall follow.

    Ha ha ha; you’ve given me so many occasions, where I too have the requisite need to reach out to either Meeriam-Webster’s Dictionary or Roget’s Thesaurus in order to fully fathom the vast majority of your postings.

    Oh how abysmally frustrating then, it must truly be for all the sycophants and Never Competitively examined/totally incompetent appointees to even possess a glint of the common sense or intuition to even extrapolate a mere sub-atomic particle to the leviathan magnitude of your irrefutable disclosures.

    You are the Zionistic analog to one of my greatest historical heroes; Martin Luther King Jr. You are far braver than anyone from my generation.

    You are a living hero.

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    1. Yes. Let’s defeat the only person on the council with a backbone. Sabatino and Breen showed tonight what actual disgraces they are and how weak and useless they are in the private sector.

      To sit there and opine that this administration is making more progress than any other previous administration so they don’t have to play by the rules of the past is absolutely disgusting.

      It was also funny to hear Rubbo-tard state that the council was “not required” to hold a public comment on this vote. Nothing could be further from the law or the truth. Where do they find these people.

      Don’t worry folks. Lawsuits are coming. As are the feds.

  3. So chuck. Did you get your visit yet. Trying to establish records and a work product is a waste 0f time at this point.
    Hopefully the AG will start with you.

  4. Hey Hezi , can anyone guess who the realtor was on the just announced sale of Chicken Island? Cool 16 mil sale x 6% commission. Come on you know who. None other than fat Nicky. The entire Spano clan is corrupt through and through. Yonkersites are total fools.

  5. Great to see all the SpaNO trolls out in full force. How many of these pro-SpaNO trolls are actually posting from inside $hitty Haul?

    With $3 Billion in development we should be awash with cash, but we are not because since Spencer none of this development actually brings in tax relief for the residents. It’s just more Trumpian corporate welfare for the rich.
    SpaNO’s propaganda is just that, nonsense and all can see through it.

  6. Thanks for bringing city back.
    Dont worry about Barrys boys tonight. They are way too cheap to waste gas money driving down 60 miles. Wish you all the best Mayor Mike. Thank you.

  7. Nasty, nasty! This has nothing to do with McGoey, John Khader, Firefighters. So let’s stop the nasty and distracting discourse.

    Also, this has nothing to do with whether or not Spano has done a good job.

    This decision to change term limits belongs exclusively with the voters as a referendum on the ballot. It should not be done by a Council vote. To do otherwise, is not good government!

    From a Concerned Taxpayer, Citizen & Voter

  8. He had to put Shanae there so he could sell off the downtown waterfront without any challenge. All this downtown development and still projected $90 million deficit.

  9. Mayor Spencer, Commissioner Anthony Pagano, A/C William Fitzpatrick called for a “Yonkers only Chief’ exam.”
    A separate exam, not a New York State exam.
    Hezi, I will not spoil this for you.
    Just look at the results of that exam.
    Look at those that topped that exam.
    Don’t ever remember 638 Yonkers Fire , UFOA, PROTESTING THAT !
    Reality the Spano cow can’take be milked by old time corruption games.
    Spano yes for another term.
    Keep up the stellar job ! Governor Spano.

    1. Lol, you are completely delusional. Spano for Governor, get real!!!! He has no where to go. The Spano name is known statewide as being synonymous with corruption.

    2. A Chief’s exam was never given locally ..All ranks have always been given by the state…jobs always filled by exams…not like the City Clerks job that was handed over to a Saunders H.S.
      dropout from his brother…

    1. Folks this doesn’t have to get so negative, personal attacks, name calling are not helpful.

      Everyone is entitled to their opinion. Learn to agree to disagree and let’s be respectful.

      I’ll be there tonight and hope to get to speak also and tell the City Council to either abstain or vote NO.

      A change to term limits belongs to the voters, not the City Council. They can’t vote on something that potentially benefits themselves, with extra term not to mention entitled to pension and health insurance for life!

      Let’s all stay calm and carry on!

      1. Stuttering Mikey Khader is going to fight someone in the council chambers???????? I would pay to see that! Just remember he’s got a long road to climb to get all the way up!

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  10. And let’s see how much debt Yonkers can carry with Spano at the helm for another four years. Salary increases for all city workers and tax increases for the rest of us! Don’t hate. You’re gonna love more debt.

  11. I support extending term limits to align with Westchester County.
    Yonkers has been on the rise under Mayor Spano’s leadership. Let’s keep it going!

    1. For the record Westchester County elections run every two years not 4. It is completely different legislation. In addition when Westchester County voted on it they made sure it didn’t allow anyone in office the right to run or benefit from it. It applied to new candidates. It became effective two years after they voted on it. Yonkers is clearly not trying to do what the county did. Please don’t spin it. If the mayor wanted another term he should as the voters not the council. Only the residence of Yonkers can grade The City Council’s office in their accomplishments along with The Mayor’s. They don’t get to grade themselves and appoint themselves another.

      1. The spin that the Yonkers City Council and the Mayor are doing to justify extending term limits is appalling! The Mayor and Council must think the voters are completely gullible and stupid. Yonkers and Westchester County are completely different government forms. And the execution intended by Yonkers is completely different than what was done at the County level. I pray the voters of Yonkers will see through this deception.

        I hope more Robo calls go out to the citizens to inform and alert them to what is going on without their voting consent.

        In closing, I think many good things are happening in Yonkers, we deserve it, that’s why we pay taxes! However, changing term limits should be decided by the electorate. I am ashamed that our elected officials would stoop this low to hoodwink the voters. It is truly an injustice to democracy and symptomatic of the corrupt and under-handed practices that continue to propetuate Yonkers bad reputation and give meaning to “Yonkers the city of hills, where nothing is on the level.”

        The only cure is to VOTE OUT all those in City Hall that tonight support this farse legislation to extend term limits. Such support will clearly show their true motivation which is self serving and self-enrichment and not to serve their constituents. In the end, the people will overcome and prevail!

        God bless Yonkers!

    2. And it all started with past administrations. How does Spano get all the credit from all of these peoples hard work to revive this city

  12. VOTE NO! to extend term limits! Rubbo barely won in my voting district. As a republican he is done if he votes to extend term limits, take that to the bank!

  13. I will be supporting this measure to extend term limits. I wasn’t going to bother speaking but since I received a robo call from someone speaking against the measure, I now feel as though I need to. Someone told me today that the opposition to this matter is the fire union leader. I don’t know his name. I’m a retired firefighter and while I had a few issues with the administration, I see more good then bad happening in our city. It is a outrage that my brother members have to foot this bill. Robo calls as well as hiring a attorney? This doesn’t make sense to me and would have never been accepted in my day. I’ll be supporting the third term.

      1. Not on your “job”, but if you are calling for Ronnie to post his real name, shouldn’t have posted yours first to make your point? Hypocrite.

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