County Legislature Democrats approved the move to a weighted voting system despite an outcry from residents.
The Schenectady County Legislature voted 13-2 in favor of the weighted voting system on Tuesday, May 10, with Republicans Robert Farley and James Buhrmaster casting the dissenting votes. The local law will be effective starting Jan. 1 of next year, which is meant to balance and equally represent the four districts after results from the 2010 census. Under the approved system District 1 legislators cast 1.0572 votes each, District 2 legislators cast 1.0799 votes each, District 3 legislators cast 0.9939 votes and each District 4 vote equals 0.9048. This gives the both city districts more voting power.
This is an evolutionary procedure and it isn’t really going to have a big impact on our voting here, but it does set up a more equitable system, said Legislator Karen Johnson, D-Schenectady.
The weighted system won’t affect voting on normal resolutions too much, but primarily will have an impact on resolutions requiring super majority approval, such as when approving bonding and capital improvement projects, said Legislator Philip Fields, D-Schenectady. The two key elements to this plan for the Democrat majority was it didn’t add anymore more legislators and didn’t require redrawing district lines, which haven’t been changed they were formed in 1965.
`If we start messing with the lines of districts it can be messed with in a way that is full of mischief and I just don’t think we really want to do that,` said Johnson. `It seems to me this is a simple system to deal with the situation we are in and common sense says for the time being this is not a bad way to go and has some very positive aspects.`
Minority Leader Farley though disagrees weighted voting should be pursued.
`By doing the weighted voting you will diminish the ability of minorities to get represented the problem is it diminishes the ability to have a legitimate and representative voice on this body,` said Farley. `To somehow suggest this process has been open or democratic ` big D, small D, any D ` is absurd.`
Joanne Tobiessen, president of the League of Women Voters of Schenectady County, said the group is seeking a more democratic process for how the reapportionment is addressed.
`There are several ways to arrive at fair representation and we need to give adequate time for experts and the publics to consider these options and their consequences,` said Tobiessen. `The position of the New York State League of Women Voters is that redistricting by a non-partisan commission is the best method by which to proceed when election districts population change.`
Another member of the LWV, Maxine Borom, said it is important the public feels like their concerns have been addressed and considered.
`If you give ample time for any issues and it is not just this one if you do that then you show the public that you respect their input,` said Borom. `The public needs to know that you respect their input and if you are voting on and soliciting input with the knowledge that 45 minutes later you are going to vote on the issue that doesn’t speak well for respecting the process.`
County Attorney Christopher Gardner drafted the proposed system after the census date was released, but the expeditious approach is due to County Charter. Once the census data is publicly released the County Legislature has 60 days to enact appropriate changes to balance voting power according to the charter.
`We really are under a time constraint that was imposed upon us from legislation that was passed 10 years ago,` said Legislator Brian Gordon, D-Niskayuna. `It is important that everybody here understands that we were very cognizant as a body that the voter rights act is very important we have been consulted we are within voter rights legal limitations.`
Reverend Ted Ward, president of Schenectady County NAACP, though was concerned the weighted voting impedes voter rights.
`It is my contention that the County Legislature should have communicated with the general public by public hearings at least six months prior to the consensus,` said Ward. `Collaborating with the community at large would have allowed community input. One public hearing is unjustifiable, inexcusable and in sufficient.`
Members of the public tossed around the possibility of a lawsuit if the weighted voting is passed and county legislators acknowledged the possibility.
`You can argue that this doesn’t (follow one man, one vote) and that will be for the courts to decide,` said Deputy Chair Vince DiCerbo, D-Schenectady. `According to the Town Attorney, the plan proposed by the minority members will actually dilute the minority representation within the City of Schenectady.`
Farley stated he didn’t agree with the attorney’s opinion on his plan. The plan proposed by Farley was to turn both of the Schenectady districts into one district and then add a member to the legislature in that newly formed district. Farley has argued that weighted voting should only be used on a Board of Supervisors, which the county previously had until the legislature was formed.
DiCerbo thought the proposed plan fairly represented and distributed voting power though and breaking up the district wouldn’t benefit the city.
`This plan leaves a one person, one vote process in place,` said DiCerbo, D-Schenectady. `A one person tasking 1.0 vote is so ingrained that it is very difficult for the public to understand that there more equitable ways to do it.“
League of Women Voters, minority leaders and residents voice opposition