The BenCen Blog

Informing Public Discourse in the Hudson Valley and Across the State

Category: State Government (page 1 of 2)

The Mess of New York Lawmaker Pay

This post originally ran as an opinion column in the Gotham Gazette and has been re-posted here with the publisher’s permission.

New Yorkers have been upset by state legislators’ compensation for more than 200 years. At the 1821 constitutional convention, Ezekiel Bacon, a former member of the Assembly and of Congress, called the pay issue “…a hobby horse of ambitious demagogues and peddling politicians, that caused the great questions that affected the vital interest of the state too often to be overlooked.” The current debate is nothing new. We’ve never liked how much legislators are paid. We’ve never liked how the matter is decided.

At first the decision was left to the Legislature and the Governor (who was then far less powerful than today). Public distress at the members’ generosity to themselves led to the specification of a $3 per diem rate ($56.28 in today’s money) in the state constitution by the convention of 1821. This made the pay alterable only by constitutional amendment, which required public ratification after passage in two successive legislative sessions or adoption by a following convention. The Governor, with no role in the amending process, was denied formal involvement. The people—always skeptical, sometimes hostile—were left with a decisive voice.

No constitutional convention held after 1821 during the period that legislative pay was still constitutionally specified—in 1846, 1867, 1894, 1915, and 1938—succeeded in increasing it. Some delegates, like the publisher Horace Greeley in 1867, thought public service was sufficiently rewarded by a legislator’s “consciousness of honorable usefulness” and the “gratitude’ of other citizens. If provided at all, those who held this view believed, pay for legislators should be sufficient only to cover expenses. At later conventions most delegates, many of whom had been or were senators or Assembly members, voiced support for better compensation for legislators, but failed to act on the matter because of the  expense, or because of fear that public hostility to a pay increase would lead to overall defeat of their work at the polls. Indeed, the constitution proposed in 1915, the only one offered by a convention that included a pay increase for legislators, was rejected by the public at referendum.

In the hundred years between 1846 and the end of World War II, voters did approve two amendments offered by the Legislature providing for members’ pay increases. The first of these, passed in 1874 and supported by both Democratic Governor John T. Hoffman and Republican Governor John Adams Dix, increased legislators’ annual compensation to $1,500 ($33,030 in current dollars) from the maximum of $3 day for 100 days ($8,318 in current dollars) set by the 1846 convention. This was the first specification of legislative pay as an annual salary, not as a per diem for what was then still universally regarded as part-time work. In 1911 voters defeated an amendment calling for a salary increase to $2,500. This increase ($35,966 in current dollars) was finally passed in 1927 as part of a broad package of reforms championed by Democratic Governor Alfred E. Smith.

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The Benjamin Center Update

An ongoing look at our research, events, and news coverage by and about our scholarship.

Calendar

November 6th
The Benjamin Center’s associate director, K.T. Tobin, will be a guest of Radio Kingston talking about Sam Sinyangwe’s studies of police violence against African American communities. This will be ahead of Sinyangwe’s visit to the SUNY New Paltz campus (see next listing). Tobin will be on air at 4:30 PM and you can stream the station live on your computer or phone. 

November 8th
Sam Sinyangwe will be a guest of the Benjamin Center for an event at SUNY New Paltz at the Lecture Center at 6 PM. Sinyangwe is a data scientist who works with communities of color to fight systemic racism through cutting-edge policies and strategies. He connected with fellow activists DeRay Mckesson, Johnetta Elzie and Brittany Packnett following the 2014 shooting of Michael Brown in Ferguson, Missouri, and together they founded Mapping Police Violence, a data-driven effort to quantify the impact of police violence in communities. Sinyangwe is also a co-founder of Campaign Zero, a platform for advancing reform proposals to end police violence. Along with writer Clint Smith, he also hosts “Pod Save the People,” one of the most popular news and politics podcasts in the U.S. This event is free and open to the public; click for more information.

November 14
After his series about the City of Poughkeepsie’s failure to follow its own plans for a successful economic, social, and business environment, and its unfair tax lien system that puts homeowners at risk of losing equity in properties seized by the city, the Benjamin Center’s senior research associate, Joshua Simons, will be part of a panel discussing a land banking system. The event, Understanding Poughkeepsie’s Tax Lien System and Opportunities for Land Banking, will include guests, Tarik Abdelazim, Associate Director of National Technical Assistance, Center for Community Progress, Jennifer Holmes, Assistant Counsel, NAACP Legal Defense Fund, and Madeline Fletcher, Executive Director, Newburgh Community Land Bank. It will be held at the Mid-Hudson Heritage Center, 317 Main St., Poughkeepsie, from 5:45 to 8:00 PM; click for more information.

BenCen in the News

City & State: Why Cuomo never had to debate Molinaro
Bloomberg: Molinaro has no Chance
White Plains Daily Voice: Westchester to use Benjamin Center Guidelines to save County Tax Dollars
The New York Post: New York School Testing’s Epic Failure
Gotham Gazette: The Attorney General’s Real Job
Wild Earth: Hopeful Signs for Kids Learning from Structured Outdoor Play

What You are Voting on in Tomorrow’s School Budget & Board Elections

Tomorrow, people across New York State will head to the polls. On the ballot? The election of school board members to govern local public school districts. And – very importantly – there will also be the chance to vote “yes” or “no” on the only budget directly put before the electorate, the one to support K12 public schools.

Think about this as you’re “pulling that lever”: the local share of school budgets, the part paid for by your property taxes, has been increasing over time because the state has been paying proportionally less towards the general fund, effectively pushing off a greater portion of the tab to you and your property tax paying neighbors.

Overall, too, we’re still under-funding our schools, with an impact that falls more heavily on schools in poorer districts where there are fewer local resources. Here is the trend over time in local, state, and federal funding, as a percentage of total revenue, for our Ulster County school districts:

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What We Lost When We Vetoed a Constitutional Convention

 

Calling a state constitutional convention is New York’s long established method for fundamental, systematic governmental reform. Yet in a period of pandemic corruption and enormous anger at government, with demands for change from all across the political spectrum, New Yorkers rejected the convention option by a margin of 5-1 this past November. In essence, if 2016 was a year of great demand for change, the regret set in quickly afterward, and 2017 became a year, at least in New York, of holding fast to a system that people perceived to be less frightening than yet more change.

Peter Galie and Gerald Benjamin, co-authors with Christopher Bopst of New York’s Broken Constitution, and strong convention advocates, sat down a few weeks after the election for a post mortem. The reasons for the crushing defeat of the convention question, they thought, were both structural and political. Most voters didn’t even know there is a state constitution; they don’t distinguish between it and the revered national document, which most of them certainly don’t want to be touched in an era in which basic rights are threatened. New York has no initiative process; referenda are limited in use and unfamiliar to many as a way of making decisions. The wording of the convention question, mandated in the constitution for use every twenty years, requires that everything be on the table if a convention is called.

This scares those who have constitutionally guaranteed benefits or favored policies that they don’t want to risk.

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Lawn Signs Lie: A Constitutional Convention Will Not Threaten Teacher Pensions

The biggest threat to democracy these days isn’t the faltering executive branch of the United States government. Rather, Gerald Benjamin, founder of the Benjamin Center at SUNY New Paltz, echoes Franklin Roosevelt and says the biggest threat is fear. Fear of losing rights rather than understanding, as he puts it, “We’re living in a moment of great civic engagement. It’s been sparked by Trump and it means people are alive to both the threat to their rights and to the possibility of what can be done.”

And these two poles — fear of what could be lost as well as the possibility of what could be gained — are playing out on the state level in New York State politics this year as the debate over the constitutional convention turns on a single issue: pensions.

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If You Want Diverse Representation, Vote for a Constitutional Convention

The last time New York held a constitutional convention abortion was illegal.

That was 1967. And despite the passage of 50 years the now legal practice is still under threat. The most recent action by the Trump Administration will, ironically, make it more common for women to need abortions (by making it harder to obtain birth control).

What’s changed since 1967, despite Trump’s actions, is that by an increasing majority Americans would like abortion to remain safe and legal.

This is even more the case in New York State. A recent Quinnipiac poll  found that New Yorkers favor a state constitutional amendment to legalize abortion by a margin of 68-27 percent.

Slam dunk, right? NYS Legislature should take this up immediately.

This right isn’t enshrined in New York’s constitution, because there has been no move to amend the sprawling document to this end. The amendment process requires two consecutively elected legislatures to vote in favor, and then the change must be voted on in a general election. While the majority of statewide constituents favor such an amendment, the NYS Senate is far more conservative than the state’s voters, making sure that abortion rights will not soon be written into the constitution.

But there’s another pathway to protect a woman’s right to choose, as well as the rights that every person of every race and religion is protected, and that LGBTQ rights are protected, even as federal efforts are actively underway to undermine them both by employers and in the military.

It’s called a constitutional convention and New Yorkers get the right to vote in favor of holding one every 20 years.

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Pot isn’t the Problem. Opioid Addiction Is. Medical Marijuana is Saving Lives and Money.

By Michael Frank

At a time when the Attorney General of the United States wants to harden prosecution of pot use in the United States, even in states that have legalized medical marijuana, it’s reasonable to ask: at what cost?

That’s part of the focus of a recent Benjamin Center Discussion Brief  by Dr. Eve Waltermaurer, Senior Research Scientist for the Benjamin Center and a PhD epidemiologist. Waltermaurer looked at the history of categorizing pot as a gateway drug, as the Attorney General continues to do, despite significant evidence to the contrary. In fact as the brief points out, there’s just as much efficacy to the idea that tobacco is a gateway drug to alcohol use, and in 2016 the National Institute on Drug Addiction announced it could not conclude that pot use led to the use of harder drugs.

Lacking scientific evidence, however, has never stood in the way of politicians wanting to grandstand about getting tough on crime.

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The Pros and Cons of Tech in the Classroom

By Michael Frank

The Second Annual SUNY Smart Schools Summit at SUNY New Paltz Highlights Everything from 3D Printing to Virtual Reality, but also Raises Thorny Privacy Concerns

For the second year in a row, the School of Education at the State University of New York at New Paltz, has convened an Ed Tech Summit on campus. It was led by Michael Rosenberg, Dean of the School of Education at SUNY New Paltz, Amy Perry-DelCorvo, CEO/Executive Director, The New York State Association for Computers and Technologies in Education (NYSCATE), and Kiersten Greene, Assistant Professor of Literacy at SUNY New Paltz, who teaches pre- and in-service K-12 educators how to teach reading, writing, and multi-modal text production.

But what exactly is “Ed Tech”? And why did SUNY New Paltz need to create a summit around it?   Continue reading

Every 20 Years New Yorkers Get to Vote to Fix Albany

A Constitutional Convention Could Radically Reduce Gerrymandering, and Give Your Vote the Punch it Was Designed to Have

While the Benjamin Center at SUNY New Paltz is strictly non-partisan, in one sense its founder, Dr. Gerald Benjamin, is biased—in favor of democracy.

Benjamin says that while the New York State constitution is in need of a serious makeover, the state legislature has shown it won’t do this. Fortunately, however, revision and/or amendment can be achieved in another way. Benjamin explains that the NY State constitution stipulates that every 20 years voters have the right to call a convention to “take the temperature of their government.” Benjamin, who recently debated the merits of a constitutional convention at Siena College and then followed up that debate on Capital Tonight, has multiple insights into why we need the convention as a corrective for failures in state government, especially to reduce the blocking power of entrenched incumbents in Albany.

“We have a representative democracy, not a direct democracy. But we do have this direct democratic mechanism of review—that’s what the convention referendum question is. We get to say, ‘Hmmm, how are my representatives doing?’ I think if you asked most people they’d say, ‘Not very well.’ We have a failure on many levels, from the way laws are made to the failure of our institutions to adapt processes. That’s really no wonder: We haven’t revised the basics of how our government is structured in three quarters of a century.”

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Paying for Medicaid: A Good Idea Whose Time Has Not Yet Come

Gerald Benjamin, SUNY New Paltz, and Thomas Gais, Rockefeller Institute of Government

 

Republican Congressmen John Faso wants the federal government to require that New York State assume all of the nonfederal share of Medicaid costs incurred outside of New York City. He conditioned his support for the previous, failed efforts to repeal and replace Obamacare on inclusion of this requirement in the federal law; the Graham-Cassidy bill is said to include the requirement.[1] New York City and the counties now pick up 13 percent of the total state tab ($58.8 billion in Fiscal Year (FY) 2015). The cost for New York City is $5.2 billion.[2] The total at stake for counties outside the city is $2.3 billion.[3]  Not chump change.

The proposal outraged Governor Andrew Cuomo. He called it a “political Ponzi scheme,” evidence that the congressman violated “his oath of office to represent the interest of the people of the state of New York.…”

Neither Cuomo’s rage nor the failed GOP takedown of Obamacare has deterred Faso. He has vowed to find another path to force full state assumption of the nonfederal share of Medicaid costs in upstate New York. Indeed, the Sturm und Drang of zero-sum national partisan politics aside, the congressman’s idea may be good public policy, or at least a start towards good policy. But there remain a number of big, unanswered questions. If full state assumption is good for counties outside New York City, why not also for the city itself? Should the national government be dictating the financial relationships a state has with its local governments? And if so, why just for New York?

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