Council Districts in Brookhaven

August 30, 2001
Council district referendum gets a boost
By Tom Wirth

The current lawsuit pending in the Second Department of the New York State Appellate Court could determine the fate of “council districts,” a system which calls for the division of Brookhaven into six separate voting districts or wards, an issue proponents want placed on the November 2001 ballot. That view is getting support from a committee appointed by Brookhaven Supervisor John LaValle to study the issue.

LaValle commissioned the Ward Committee, a group led by Lee Koppelman of Stony Brook University’s Center for Regional Policy Studies, to explore both the pros and cons “of a proposed ward system” and “the continuance of the existing at-large system.”

In an August 8 letter addressed to LaValle giving the committee’s findings, Koppelman stated matter-of-factly that “the civic organizational representatives expressed a very strong opinion that — pass or fail — the voters should have a choice and that the town board should give favorable consideration to placing the issue at referendum.”

Also in the letter, Koppelman indicated that the committee had found that the additional costs for operating six separate district offices would be “a maximum of $500,000,” a sum significantly less than what Brookhaven officials have estimated.

But proponents of council districts, including ABCO, feel that six separate district offices might not even be necessary. In fact, ABCO has said all along that the possibility of keeping all six district representatives in a centralized location, such as Medford, could be the most cost-effective way to approach setting up a ward system.

Although Koppelman’s letter to LaValle clearly offers editorial comments that favor a ward system, he maintains that the committee and the study are neutral, giving equal weight to both an at-large and a ward system. “I abide by the vote of the committee, and I am bound as chairman of the committee to remain neutral on all aspects of the issue,” he said.

The essential arguments made for and against council districts by the committee center around the issue of control. According to Koppelman’s letter, the committee determined that “pro-ward supporters argue that the ward system would afford greater control by bringing town government closer to the community level.” Where as in the at-large system, “the individual voter has a greater franchise by being able to vote for all six members of the council, rather than just one.”

The current lawsuit, filed by Rocky Point attorney Rich Johannesen on behalf of three petitioners, Connie Kepert, Lori Baldassare and Fourth District Assemblyman Steve Englebright, can be traced back to 1996. That year, the Affiliated Brookhaven Civic Organization (ABCO) and Johannesen, the organization’s president at the time, asked the town to place a referendum on the ballot to let Brookhaven voters decide yes or no on council districts, also referred to as the “ward system.”

“We heard consistent complaints from residents about the lack of responsiveness from our town government, and we felt we weren’t receiving the appropriate responses to our concerns so we decided to take action,” said Johannesen.

After several rejected petitions for a referendum, including one of 13,000 signatures and another of 7,000 signatures, and four years worth of legal wrangling with the Town of Brookhaven, Johannesen’s clients managed a victory in 2000 when State Supreme Court Judge Howard Berler revoked a 1999 town law that he said obstructed the petition process organized by ABCO.

Since then, the town’s appeal on Berler’s ruling has been hung up in the Second Department of the state’s appellate court, one step below the state’s highest court— the New York State Court of Appeals. A ray of hope, however, still exists for Johannesen, ABCO and those council district supporters anxious to get the referendum on this year’s ballot.

“We’re hoping that the appellate court will rule in our favor and will set the ballot, putting it at a specific date to give us enough time to meet the petition deadline of 60 to 75 days,” said ABCO member Don Garber. “Or we’d at least like to see it remanded back to Judge Berler, who said that the town had no grounds to ignore our petitions in the first place,” he said.

On the other hand, if the Second Department decides in favor of Johannesen’s clients, the town has the option of another appeal — to the high court — which would severely hamper any chance of a council district referendum making it to the ballot this year.

The potential of a November referendum and vote looms somewhere on the horizon. However, much depends on the ruling of the Second Department. The main concern of supporters of council districts is time. “We need enough time to get a petition in front of the town; if we can’t meet the requirements, then we go back to the waiting game,” said Garber.

Johannesen is hopeful that a resolution will come in mid-September, and he says he harbors no ill will toward the town or LaValle. “I think that John Lavalle set up the ward committee with the best of intentions,” he said. But as a member of that committee, he also indicated that its research could have yielded a much stronger case for council districts, but for the sake of neutrality, did not.

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	August 30, 2001 Council district referendum gets a boost *By Tom Wirth* The current lawsuit pending in the Second Department of the New York State Appellate Court could determine the fate of “council districts,” a system which calls for the division of Brookhaven into six separate voting districts or wards, an issue proponents want placed on the November 2001 ballot. That view is getting support from a committee appointed by Brookhaven Supervisor John LaValle to study the issue. LaValle commissioned the Ward Committee, a group led by Lee Koppelman of Stony Brook University’s Center for Regional Policy Studies, to explore both the pros and cons “of a proposed ward system” and “the continuance of the existing at-large system.” In an August 8 letter addressed to LaValle giving the committee’s findings, Koppelman stated matter-of-factly that “the civic organizational representatives expressed a very strong opinion that — pass or fail — the voters should have a choice and that the town board should give favorable consideration to placing the issue at referendum.” Also in the letter, Koppelman indicated that the committee had found that the additional costs for operating six separate district offices would be “a maximum of $500,000,” a sum significantly less than what Brookhaven officials have estimated. But proponents of council districts, including ABCO, feel that six separate district offices might not even be necessary. In fact, ABCO has said all along that the possibility of keeping all six district representatives in a centralized location, such as Medford, could be the most cost-effective way to approach setting up a ward system. Although Koppelman’s letter to LaValle clearly offers editorial comments that favor a ward system, he maintains that the committee and the study are neutral, giving equal weight to both an at-large and a ward system. “I abide by the vote of the committee, and I am bound as chairman of the committee to remain neutral on all aspects of the issue,” he said. The essential arguments made for and against council districts by the committee center around the issue of control. According to Koppelman’s letter, the committee determined that “pro-ward supporters argue that the ward system would afford greater control by bringing town government closer to the community level.” Where as in the at-large system, “the individual voter has a greater franchise by being able to vote for all six members of the council, rather than just one.” The current lawsuit, filed by Rocky Point attorney Rich Johannesen on behalf of three petitioners, Connie Kepert, Lori Baldassare and Fourth District Assemblyman Steve Englebright, can be traced back to 1996. That year, the Affiliated Brookhaven Civic Organization (ABCO) and Johannesen, the organization’s president at the time, asked the town to place a referendum on the ballot to let Brookhaven voters decide yes or no on council districts, also referred to as the “ward system.” “We heard consistent complaints from residents about the lack of responsiveness from our town government, and we felt we weren’t receiving the appropriate responses to our concerns so we decided to take action,” said Johannesen. After several rejected petitions for a referendum, including one of 13,000 signatures and another of 7,000 signatures, and four years worth of legal wrangling with the Town of Brookhaven, Johannesen’s clients managed a victory in 2000 when State Supreme Court Judge Howard Berler revoked a 1999 town law that he said obstructed the petition process organized by ABCO. Since then, the town’s appeal on Berler’s ruling has been hung up in the Second Department of the state’s appellate court, one step below the state’s highest court— the New York State Court of Appeals. A ray of hope, however, still exists for Johannesen, ABCO and those council district supporters anxious to get the referendum on this year’s ballot. “We’re hoping that the appellate court will rule in our favor and will set the ballot, putting it at a specific date to give us enough time to meet the petition deadline of 60 to 75 days,” said ABCO member Don Garber. “Or we’d at least like to see it remanded back to Judge Berler, who said that the town had no grounds to ignore our petitions in the first place,” he said. On the other hand, if the Second Department decides in favor of Johannesen’s clients, the town has the option of another appeal — to the high court — which would severely hamper any chance of a council district referendum making it to the ballot this year. The potential of a November referendum and vote looms somewhere on the horizon. However, much depends on the ruling of the Second Department. The main concern of supporters of council districts is time. “We need enough time to get a petition in front of the town; if we can’t meet the requirements, then we go back to the waiting game,” said Garber. Johannesen is hopeful that a resolution will come in mid-September, and he says he harbors no ill will toward the town or LaValle. “I think that John Lavalle set up the ward committee with the best of intentions,” he said. But as a member of that committee, he also indicated that its research could have yielded a much stronger case for council districts, but for the sake of neutrality, did not. Civic Home Page