The Independent View: NY Redistricting Commission Rejects Million In State Funding

On Friday, New York State Redistricting Commission’s Rejection to be Funded through a $1 Million Contract made between the Department of State and the SUNY Foundation.

At their First Meeting, Democratic and Republican Commissioners, on Friday, agreed that the Language providing the $1 Million was so Unacceptable they would Refuse to take it. A Bipartisan Group of the Eight Commissioners Unanimously Passed a Motion stating they would Not participate in the Contract created for them by Gov. Andrew M. Cuomo’s Administration.

Commissioner Jack Martins, a Republican Former State Senator, said every other State in the Country with a Redistricting Commission had moved forward with its work, except New York. He laid the Blame at the feet of the Cuomo Administration and State Legislature. “We are stymied by our own elected officials, our own state officials in trying to do our job,” Martins said. “It’s a disgrace; it’s an embarrassment.”

Cuomo Administration Officials contend they were put in a Difficult Position by the State Legislature. Last April, the Legislature chose to Fund the Commission in a way that required Legal Gymnastics by the Administration in order to provide the $1 Million.

A Problem with the Contract, the Commissioners said, is that the $1 Million is in effect $650,000. 10% of the overall Amount, $100,000, is being Held Back as an Administrative Fee for the SUNY Research Foundation, which is Administering the Grant that is Funding the Commission.

Another $250,000 is being Held Back for potential Legal Costs. The Redistricting Maps that are Redrawn every 10 years often Spark Litigation.

The Co-Executive Directors of the Commission, who have been Volunteering without Pay since their Hiring in November, are supposed to make $145,000 Salaries that were set Months ago, plus Fringe Benefits.

After Accounting for All the Costs, plus the Cost of Workers Compensation Insurance, “There’s no money left,” said Commissioner Charles Nesbitt, a Former Assemblyman and an Assembly Republican Appointee.

Weeks ago, the Redistricting Commission Staff proposed its own Budget to SUNY Research Foundation, but it was Ignored, the Commissioners said.

The Problems began with Last year’s State Budget when Money was Allocated through a Type of Grant which usually Funds Local Nonprofit Initiatives. The Money was then supposed to be Released to the Commission by the Department of State. But the Cuomo Administration took the Position that the Money could Not Legally be Released directly to the Redistricting Commission, because it is Not a Registered Nonprofit. Eventually, the State Division of Budget settled on having the Department of State Sign the $1 Million Contract with the SUNY Research Foundation, a Tax-Exempt Charity Associated with the State University of New York that generally Funds Educational Initiatives.

Under the Contract, the Redistricting Commission must get Approval from SUNY Research for its Expenditures. Commissioners said this Violates the 2014 Constitutional Amendment that created the Bipartisan Commission and stated its Two Executive Directors would be in Charge of Hiring Staff. “We’re not independent at all under this contract," said former State Sen. George Winner, a Republican Appointee to the Commission. “In fact, they’re taking $350,000 off the top from our money. There’s just nothing good about this thing from the beginning to the end.”

The Cuomo Administration says it has No desire to Control the Commission, which Cuomo pushed to Create through the 2014 Constitutional Amendment. “The Legislature appropriated this funding to the Department of State, the executive has no role in appointing the commission, and we agree, it should be independent," said Division of Budget Spokesman Freeman Klopott. "We have been working for months on a solution to make this funding available to the commission, including: proposing options to form a not-for-profit, which they rejected because they wanted to be state employees; and putting them on the legislative budget, which was rejected by the Legislature." "The funding is available to the commission now through the SUNY Research Foundation, an idea at least one commissioner endorsed," Klopott added. "As it seems the commission is rejecting the solution offered, we would be happy to go along with whatever solution the Legislature can work out.”

At Friday's Meeting, Commissioners cited another Major Issue: that the Contract does Not appear to Indemnify them against the Lawsuits regularly filed during Fights over District Lines. They Voted to Request an Opinion from Attorney General, Letitia James’ Office, as to whether they as Commissioners could be held Liable in any Litigation.

Commissioner Ross Brady, an At-Large Pick to the Commission who is a State Conservative Party Official, encouraged “anyone with standing” to consider a Lawsuit alleging theCcommission was being treated Unconstitutionally. “At some point, this has to end up in front a federal judge,” Brady said.

Other Commissioners expressed hope that the State Legislature would create a New, Direct Funding Stream for the Commission in the New Budget due April 1st.

The Bipartisan Commission faces Tight Deadlines to Finish its Work, or else the Line-Drawing Process could Revert Back to the State Legislature.

But, The U.S. Census Bureau said it won't be Delivering the 2020 Data used for the 2021 Redrawing Districts to States until the End of September and the next State Primary is in June.