Charter Revision: More on Council Member Term Limits

Ross Sandler, Center for New York City Law Director

Mayor Bill de Blasio’s Charter Revision Commission released its report on September 4, 2018 with three recommendations that will be on the ballot on November 6, 2018: downward adjustment of campaign contribution limits for City elected officials to reduce the influence of large contributors; a new commission to encourage greater civic engagement; and term limits and appointment procedures for community boards. All are worthy of concern, but none reach the level of major charter change.

In the last issue of CityLaw we urged ending or extending term limits for council members in order to restore the council to the strength intended by the 1989 Charter Revision Commission. The 1989 commission believed that it was creating a council that would be an equalizing counterweight to a strong mayor. Term limits came later and weakened the council. The result has been one-term speakers, reduced institutional loyalty, less oversight, constant turnover, and a pattern of members switching between the State legislature and the council.

A charter revision commission should look at big issues, those that are truly charter issues, not legislative commonplace. Term limits are a big issue and made to order for a charter revision commission.

A change in term limits requires patient development. Every political faction and elected official has a personal stake and viewpoint on the issue. To build a consensus there should be studies, hearings and a full vetting of the advantages and disadvantages of the current two-term limit on council members that makes every member a short-termer.

The big lesson from the success of the 1989 charter revision commission was that a big change in City government requires considerable time and repeated public exposure to develop a consensus. A charter commission’s job goes beyond writing a report. The charter commission also has to develop the political, editorial and public support for its proposals. Fortunately, the council’s charter revision commission has a full year before a November 2019 vote to consider its proposals and at the same time work to develop a political consensus.

The council’s charter commission should aim high and use its year-long term to consider and recommend change on the biggest municipal issues. And none is bigger than strengthening the council through adjusting the term limits of its members.

By: Ross Sandler, Professor and Director of the Center for New York City Law.