Frederick A. O. Schwarz, Jr. 40 East 94th Street, #30A. New York, NY 10128 August 20, 2010 Dear Chayeffor: Congratulations on nearing the end of your hard work and dutiful service as Charter Commission Chair. Lwrite to you about the effective date portion of your term limits resolution, which I understand may be considered for revision at the Charter Commission’s hearing on Monday, August 23. Background, As you know, I took the position in testifying before the Commission that the City Couneil should be kept at three terms because it is clear that limiting the Council to two terms had reduced the Council’s role as a check on the Mayor. Particularly because I believe in a strong mayoralty—which the 1989 Charter preserved and probably enhanced—checks should not be weakened. However, on August 11, the Commission voted to push all officials back to two terms, perhaps feeling that differentiating between Mayoral and Couneil terms would be taken (erroneously I believe) as a rebuke to the sitting Mayor. The Commission voted at the same time to allow all current elected officials to serve out three full terms. Apparently because the Mayor then said he would accept allowing “sophomore”, but not “freshmen,” Council members to serve three terms, the ‘Commission is considering revising its earlier vote. Conclusion, For many reasons, the worst possible decision would be to distinguish between “sophomores” and “freshmen.” I think the preferable, fairest and most defensible decision would be to stick with the Commission’s earlier vote, i.c., that all current office holders would be allowed to have held office for three terms. If theCommission rejects its prior vote, however, it should go to limiting all current office holders to two terms.’ Discussion. Precedent, as well as the Commission's vote on August 11, supports the conclusion that limiting all current officials to serving three terms is the fairest and best result. When the Twenty-Second Amendment—limiting Presidents to ‘two terms—was passed, it exempted the sitting President: Harry Truman. Similarly, when City voters in 1993 approved the two-term limit, the effective date was delayed to 2001. If the Commission chooses, however, not to stick with its current resolution it definitely should not go to three terms for “sophomores” and two for “freshmen,” ‘The “freshmen” were the only current office holders who initially sought and won office under a law providing for three terms. They thus have the strongest case for extensions. To favor “sophomores” over “freshmen,” therefore would be, at the least, unfair and, quite possibly [though I have not researched it] an irrational violation of equal protection. These concerns would be exacerbated by two factors. First, what possible reason could there be to justify the distinction? Second, the unfair and seemingly irrational favoring of the “sophomores” would clearly raise the question whether—during the hotly contested battle over term limits in 2008—assurances of support for a third term were given to “sophomores” in return for obtaining enough votes necessary for passage of the 2008 term limits law. ‘Two final thoughts. First, it would be unfortunate to the reputation of the Commission for there to be an appearance that the Commission, after an extensive discussion and vote, changed its mind as a result of the Mayor’s comments. Second, I understand that a number of Commissioners, believing that the Commission had completed its substantive work on August 11, are away, and thus unavailable to deliberate and ineligible to vote. I have no idea who they are or what position they took when the decisions were made. But this clearly creates an additional problem. sone Because I cannot come to your hearing on Monday, I would appreciate your distributing this letter to your fellow Commissioners. (Also, because I am sending this letter in my private capacity, I have no access to a website, so perhaps the ‘Commission staff could post this on theit website.) * Allowing, of course, people elected to a second term in 2009 to finish their current term.Best wishes. Chancellor Matthew Goldstein City University of New York 535 East 80th Street New York, NY 10021 Copy to: Loma Goodman Executive Director New York City Charter Revision Commission 2 Lafayette Street, Room 1414 New York, NY 10017 BY HAND AND EMAIL