Summer 2021: Rebuilding & Renewing - Counties After COVID

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significantly sized minority populations becomes required by the NY state voting rights act now under consideration in Albany. COST

Partisan advantage and consideration for incumbents were no doubt factors in county decisions regarding board size, though rarely overtly argued. Then, as now, proponents of reducing county legislative size usually made their case on good government grounds. They said that downsizing will bring the county in question into line with comparable others, reduce the cost of government, improve representativeness, advance political competition, and make each legislator and the legislature generally stronger in the separation of powers system. Defenders of the status quo respond that larger legislatures result in smaller district size, enhancing representativeness and demographic diversity in the legislative body. They say too that larger more populous counties require bigger legislatures to develop the specialization and expertise in committee systems needed for effective governance. Let's take a look at a few of these metrics in further detail. REPRESENTATIVENESS Representation is a complex concept, not easily measured. It is certainly not limited to constituent service. But one argument suggests that more legislators mean fewer constituents per legislator, and therefore a greater quantity of “representation” available per constituent. The number of persons represented by each county legislator in New York in 2019 varied widely, from 2,615 (Lewis) to 83,611 (Erie). A legislator in Dutchess County has 11,749 constituents. If Dutchess reduced the size of its legislature to the state average of 16, each member would have 18,357 constituents. This would make its districts almost the same in size as Orange County (18,188), and eighth in population size in the state. In general, the reduction in the number of legislative seats in Dutchess and other counties does not appear to result in district populations of unmanageable size. Reflecting demographic diversity in the legislature is a more significant aspect of representation. If minority populations are geographically concentrated and district size is smaller, the election of minority group members to the legislature is more likely. This will become of even greater importance if preclearance of structural changes in local government with

Legislators in most counties serve part-time for little pay. A detailed study of Erie County local governments done in 2009 showed that projected annual savings from cutting board sizes were minimal. Legislators are paid $16,391 annually in Dutchess and $14,000 in Ulster. Even if the salary numbers are doubled, to factor in the value of a legislators' benefit packages, the total impact of reducing the size Dutchess and Ulster County Legislatures to the state average would be $295,038 and $196,000, respectively. This is .06% of Dutchess's and .05% of Ulster's 2021 budget. Costs are not significantly cut by reducing legislative size. GOVERNANCE Five member boards govern most counties in the United States. Five, seven or nine member boards in New York State govern cities, towns and school districts with far larger budgets and greater numbers of employees than most counties. Big budgets don't require big legislatures. But a legislature does need to be of sufficient size so that its members may effectively deliberate on controversial matters. Also, enough members are needed to staff committees of reasonable size. This allows part-time elected officials – and they are part-time in most counties - to share the work while developing the expertise to make policy and oversee its implementation in an informed way in a substantial range of substantive areas. Smaller bodies are more efficient, in that fewer agreements are required to achieve majority outcomes. Also, smaller bodies empower individual members. Each is more probable to have the decisive vote in closely contested situations. In separation of powers systems like those operating in Dutchess and Ulster counties, the size of the legislature may affect the balance in its relationship with the elected executive. One reason given for the proposed reduction of the Ulster County legislature was to make it easier to assemble the required 2/3's majority to override executive vetoes. The sponsorship of this resolution by legislative leaders of both parties suggested that it was motivated by institutional, not partisan goals. In conclusion, James Madison noted that, “The truth is, that in all cases a certain number at least seems to be necessary to secure the benefits of free consultation and discussion, and to guard against too easy a combination for improper purposes; as, on the other hand, the number ought at most to be kept within a certain limit, in order to avoid the confusion and intemperance of a multitude.” Or to put it differently: What's the right size for a county legislature? It's a matter of balancing values. So…it all depends.

NYSAC News | www.nysac.org

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