New York Lawmakers Seek Fixes to Government Consolidation Law

4:32 PM, May 5, 2011   |    comments
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By JOSEPH SPECTOR
Gannett Albany Bureau Chief

ALBANY -- A bill that passed the state Senate this week would alter the state's government-consolidation law to require more study before a dissolution vote could be taken in villages or special districts.

Gov. Andrew Cuomo crafted the current law when he was attorney general in 2009, saying it empowers residents to more easily rid the state of its myriad layers of government. New York has more than 10,000 governments -- including 62 counties, 62 cities, 553 villages, 698 school districts and 932 towns.

But the consolidation plan has drawn criticism and hasn't resulted in many villages dissolving into their neighboring towns. Special districts could also consolidate, such as fire departments or sewer systems.

Only two villages - Edwards in St. Lawrence County and Altmar in Oswego County - have voted to dissolve since the law took effect in March 2010. But 12 village dissolution votes have been rejected, including in Brockport, Monroe County, and several villages in Erie County, according to the state Department of State.

The problem with the law, critics say, is that voters are often asked to vote to dissolve a village before a study has been undertaken on whether the dissolution would save taxpayers money. That has left residents leery of voting to remove the government closest to the people without a clear sense of the ramifications.

The Senate bill would require any initial dissolution vote - which can be forced by a petition drive -- to be followed by a study.

When the village government completes the study, another vote would be taken to determine whether to dissolve.

It's a substantial change. Current law only requires a dissolution study after the first vote is approved. Residents need a second petition with signatures from 25 percent of the electorate to hold another referendum to overturn the first vote. Only 10 percent of signatures from the electorate are needed for the first vote.

"Under the current law, residents do not get to vote on the consolidation plan," said Sen. Jack Martins, R-Nassau County, who sponsored the legislation. "They must go through the trouble of petitioning for its rejection."

The GOP-sponsored measure passed largely along party lines on Monday, but it faces an uphill battle with the Democratic-controlled Assembly.

Cuomo also knocked the bill, saying it would make it harder to consolidate governments.

"One of the primary reasons New Yorkers have had to endure massive increases in their property taxes is the fact that there are 10,000 local governments in this state," said Cuomo spokesman Josh Vlasto.

"The governor believes that we can bring down property taxes by consolidating local governments, and this legislation will make it much harder to do just that."

Other advocates of government consolidation agree. The bill was written by the state Conference of Mayors, which is funded through dues from cities and villages, some charged.

"Against the backdrop of our dying state, I think it's shameful that the lobbyists, who are paid by taxpayers to protect local politicians, are attempting to make any change more difficult - and to place that change even further away from voters," said Kevin Gaughan, a Buffalo-area advocate for consolidation.

But Peter Baynes, executive director of the Conference of Mayors, said that if a study were conducted before a vote, perhaps more voters would support a dissolution plan. Before the law was enacted, more research was typically done before a dissolution vote was taken. Also, the prior law required signatures from 33 percent of the electorate to take a dissolution plan to the polls.

Six out of 10 dissolution votes were approved in the years prior to the change.

A vote to dissolve the village of Seneca Falls in Seneca County was approved in March 2010, yet a vote to dissolve the village of Johnson City in Broome County narrowly failed in November 2009.

"It will slow the process a little bit, but in return it will ensure a more informed vote," Baynes said of the changes. "I think when it's a more informed vote, you'll get a vote on the merits. The vote right now is they are voting out of fear of what might happen if the village dissolves."