City Council Gets Law to Modify Term Limits Change

By Dan Murphy

Last Friday, the Yonkers City Council received legislation, proposed by both Majority Leader Councilman Michael Sabatino and Minority Leader Mike Breen, to modify the city’s term limits law from eight years of service to 12 years.

The proposed change to the current term limits law would permit the mayor and City Council members to serve three four-year terms, and would make Yonkers term limits law consistent with the Westchester County government law, which also has a 12-year limit.

“This legislation maintains term limits but authorizes a time period that is proving successful at the county level,” said Sabatino.

“The 12-year limit provides a good mix between turnover and continuity,” added Breen. “This city is in the midst of a revival, and I hear a great deal of concern about the need to keep that momentum going.”

Sabatino and Breen said they have received encouragement from a variety of people for their proposal, and noted that it is favored not only by Mayor Mike Spano, but that they are expecting a solid majority of the City Council to support it, as well.

“We are headed toward $3 billion in investment in housing, businesses and jobs in Yonkers,” said Sabatino. “Most of it results from work that began six and seven years ago. We want the voters to have the opportunity to continue that momentum going into the next four years.”

During the past seven years the city’s waterfront and downtown have seen a major turnaround, with construction of approximately 4,000 units of housing completed or underway. Ten percent of all new multifamily construction is reserved for affordable housing, thanks to the city’s recent housing ordinance. Several new parks have been opened, with more under construction. The city’s bond rating, once near junk status, is now “A” rated. Test scores in the city’s schools have improved, and the city is beginning the process of constructing new schools to handle the growing population.

Sabatino and Breen said they want the City Council to move forward with their proposal, and noted that the public will have a chance to give its opinion at a public hearing.

“At the end of day, the voters will continue to decide the future of the city,” said Breen. “This legislation reduces the restrictions on their choices, while still preserving the spirit of term limits.”

Council President Mike Khader said he will oppose having the council act to make any changes to the current term limits law.

“Late Friday afternoon, legislation was formally introduced while I was out of town,” he said. “Upon reviewing this legislation, I cannot support any amendment to term limits and therefore will be voting no. I will be asking my colleagues on the council to do the same – since residents have twice made it clear they are in favor of term limits.

“I believe any change or amendment should come directly from the people,” he continued. “I understand there are some who support this change. There is progress being made in the city. Our 86 percent graduation rate and our growing waterfront development are two examples of the successes spearheaded by the current administration. Whatever the outcome, it is vital to the success of our great city that our legislative and executive branches continue to work together for the good of the people.”

A simple majority of four council votes is required to pass the new law, which is expected to be signed by Spano.

“The legislation submitted today by our City Council leaders is a bipartisan acknowledgment that our term limit laws should be modified and consistent with Westchester County’s law,” he said. “The decision as to who is the next mayor will remain in the hands of the Yonkers voters, as it should. As for me, I love being the mayor of this great city and I look forward to the opportunity to continue the progress we’ve made to make Yonkers the place to live, work and play.”

“Although I have always been and still am in favor of term limits for public officials in the City of Yonkers and still hold that view, present circumstances compel me to reluctantly support a one-term extension,” said Councilman Anthony Merante. “Many of my constituents have expressed their support of the job Mayor Spano is doing and I recognize that on the City Council there is currently bipartisan support for a one-term extension. Before the extension is granted, however, I’m advocating for a complete full public input before the council meeting so that all of us who now serve on the council have an opportunity to hear from the citizens of Yonkers, because their opinion really is the only opinion that matters.

“Let me be crystal clear, however: My support of this extension does not imply an endorsement of Mayor Spano for another term,” he continued. “It simply recognizes the political reality on the ground. Additionally, this is not an automatic third term for the mayor, since he may very well have a primary and I am certain he will have a vigorous opponent in the general election next November. I should add, that as a proud Republican and fiscal conservative who is committed to protecting Yonkers taxpayers, his opponent may very well be me, since I am seriously considering running against whoever the Democrats nominate for mayor in 2019.

“We all know that Yonkers needs to put its fiscal house in order. Frankly, it’s a mess. As a newly elected councilmember, I took office after fiscal commitments were already in place on the budget. Sadly, the scene was already set and state financial aid had not materialized. I was in no position to reinvent the wheel. In good conscience, I could not let the lives of over 100 dedicated city workers be terminated. It was a heart-wrenching vote, one that I am committed never to face again. However, going forward, as a CPA, I will focus my time on the City Council to work toward Yonkers’ long-term fiscal health. Yonkers is a great city with tremendous potential. We have to expand our business tax base and streamline government. We must provide Yonkers citizens with a better quality of life for their tax dollars.”

Councilwoman Corazon Pineda Isaac said, “While I am not opposed to extending term
limits to 12 years – or three four-year terms – I strongly believe that this decision must be made by the people of Yonkers. First and foremost, such a mandate must remain in the hands of the voters of our great city, via a referendum on the ballot, and must not be forced upon our city without proper input and due process.”

Councilwoman Shanae Williams said, “While I was out of the country last week, legislation
to extend term limits has been brought before the council. I would have preferred to see
this important and sensitive issue addressed by a public referendum but the fact is, I will have to make a decision in the coming days and I want to be sure that I am making the right decision on behalf of my constituents.”

“At this point I have gotten both positive and negative feedback on the matter, but it isn’t enough for me to make a decision at this time. I intend on exploring the matter more and will make a decision based on the feedback I receive specifically from the residents
of the first district,” said Williams.

Councilman John Rubbo said, “In 2001, the voters chose term limits. I agree with term limits but in 2018 we are not voting to eliminate term limits ,like what was proposed in 2001. What the council will pass is an extension of terms that will align Yonkers with county government. Twelve years for the executive branch and 12 years for the legislative branch.

“Since 2001, I have been an advocate for 12-year term limits in city government. Additionally, in 2012 a group of citizens asked Yonkers to extend term limits to 12 years. That is exactly what we are doing now, so I’m not sure why those same people are now against this. Is it because it doesn’t benefit their candidate? If so, that would be a bit self-serving,” said Rubbo

The current count has five councilmembers in favor of the new law modifying term limits, and two opposed. The City Council is expected to vote on the law next week. After that, Spano’s office will hold a public hearing before the mayor signs it into law.

Public opposition to changes to term limits in Yonkers comes in two forms. Some do not
agree with any changes to the current law, and other residents want any changes to the term limits law to be decided by the voters through a referendum. Two previous attempts to overturn or extend term limits failed over the past 20 years.

A group called the Yonkers Committee for Term Limits Consistency asked the question: Why is the council afraid of the public?

“While we are not of one mind as to whether or not term limits in Yonkers should be extended, we are united in our belief that the people should decide the question through a referendum, as it did in 1994 and 2001,” said YCTLC. “Anything else is just ‘Yonkers politics as usual’ and makes the argument as to why we actually need term limits.

“YCTLC was formed in 2012 to petition the Yonkers City Council to put on the ballot a proposal to extend term limits from eight to 12 years to be consistent with Westchester County. The committee successfully obtained the signatures of more than the required 4,000 voters but then-City Clerk Jose Alvarado and Deputy Clerk Vinny Spano, working with the Corporation Counsel from the Mike Spano Administration, became hyper-technical and invalidated some. The council could have put the issue on the ballot regardless of the signatures and chose not to.

“Two of those council members have carried the water for the same Spano Administration and have introduced a resolution to change term limits legislatively, despite the fact that the voters of this city twice voted for term limits. They have been fed two myths that need to be debunked:

“1. It is not too late to place the item on the ballot. While the deadline for the general election has passed, the deadline for a permissive referendum in a special election is the beginning of the petition period in June 2019.

“2. There is nothing in the New York State General Municipal Code or the Yonkers City Charter that requires that this must be done before the Nov. 6, 2018 Election Day.

“It has been reported but not confirmed that the City Council is planning a special meeting to be held as soon as Monday, Oct. 29…

“In general people should call the City Clerk’s Office at 914-377-6020 by 3 p.m. the day of the meeting to sign up to speak on topics on the agenda that evening. While the topic of term limits is not on the agenda, item five is the reappointment of Vinny Spano as city clerk for another five-year term – the same Vinny Spano that aided and abetted in the invalidation of the signatures we collected seven years ago. Speakers can mention this hypocrisy as a starting point before they urge the council not to rush to judgement and to allow the voters to participate in a referendum,” stated YCTLC.

While the YCTLC attempted to collect signatures and place a modification of term limits on the ballot for referendum in 2012, the City Council at the time considered changing term limits by a simple vote of the council but decided against it.

Former City Councilman John Murtagh, who led one of the efforts to keep term limits in place back in the day, is still opposed to any changes to term limits by a council vote.

“So, let’s see, the majority leader’s husband works for the mayor, the council member from the First District was not elected, she was appointed by the mayor, while she was working in his office, at least two other council members have immediate family on the city payroll.,” said Murtagh. “I have my opinions on why they’re repealing term limits, but, hey, what do I know?”