Court ruling puts Suffolk Democrats' redistricting plan on hold
Suffolk County Legislative presiding officer Rob Calarco said a judge's ruling Tuesday temporarily blocking Democrat's redistricting effort prevented "the legislative body from carrying out its responsibilities." Credit: James Carbone
The fate of a Suffolk Democratic redistricting proposal was uncertain Tuesday after a judge temporarily barred legislators from voting on the measure, which would set new legislative district lines for the next decade.
Suffolk Supreme Court acting Justice Joseph Farneti blocked the legislature from "taking any action" on the plan until after a court hearing Tuesday — just hours before a scheduled vote on the measure.
Legislators had to skip over the proposal when it came up on the agenda Tuesday night, citing the court order.
"At the moment, until the court tells us otherwise, we cannot act on it in any way," outgoing Presiding Officer Robert Calarco, who proposed the measure, said in an interview.
Minority Leader Kevin McCaffrey (R-Lindenhurst), one of the plaintiffs in the court battle, said the order will stay in effect until at least Thursday, the deadline for filing more court arguments.
The fate of the bill depends on what the court decides and when, Calarco and McCaffrey said.
Democrats would have just about a week to pass the plan if the judge allows them to proceed with a vote Thursday. All pending legislation expires at the end of the year, and control of the legislature will flip from Democrats to Republicans on Jan. 1.
An added challenge: Tuesday was the last scheduled legislative meeting of the year. Calarco could call a special meeting before the end of the year, but typically a two-day notice is needed.
Calarco called Farneti's order "unfortunate," saying "it's very unusual for courts to prevent the legislative body from carrying out its responsibilities" and "interfere in the legislative process."
McCaffrey, who is expected to become presiding officer in January, was among Republicans who filed for an injunction against the redistricting measure, alleging it violates the county charter.
Under the charter, a bipartisan commission is supposed to propose new district maps and hold four public hearings.
Calarco (D-Patchogue) said his office drew the map because McCaffrey and outgoing Majority Leader Susan Berland (D-Dix Hills) failed to appoint members to the commission by a Nov. 10 deadline.
Calarco has defended the proposal, saying it would create fair and equitable districts, provide better representation for minority residents, and reflect growing populations in areas such as the East End and Brentwood.
Officials have said they expect Democrats, who currently have a 10-8 majority, to approve the redistricting proposal on a party-line vote.
The Republican caucus opposes the measure, and it will have an 11-7 majority, including Selden Conservative Nicholas Caracappa, in January.
Calarco said he is concerned that if the measure fails to pass, Republicans will draw their own lines next year.
McCaffrey said Republicans want to form the bipartisan commission but needs Democrats to appoint members.
County Executive Steve Bellone’s office has not responded to repeated requests for comment on whether he would sign the legislation.
The proposal would double the number of districts where Black and Hispanic residents comprise the majority, from two to four.
It would divide 18 districts into nine largely Republican and nine largely Democratic.
Four Republican legislators would be squeezed into two districts while keeping incumbent Democrats’ seats intact.
The court fight also briefly delayed the sole public hearing on the proposal Dec. 7, the day Republicans filed their legal petition.
A different Suffolk County Supreme Court judge barred the legislature from acting on the proposal until a later court hearing. Within hours, an Appellate Division associate justice overturned the ruling.
County Attorney Dennis Cohen also found the proposal would violate the charter, saying in a four-page legal opinion the legislature cannot draw new legislative maps until after Feb. 1, the deadline given to the bipartisan commission by the charter.
Calarco said he disagreed with Cohen’s legal opinion. It ignored that the charter requires the appointment of commission members within 90 days of the release of U.S. census data — the deadline Berland and McCaffrey missed.
The county attorney's opinion "sends a clear message that, even to the courts and to others, that this is something that's not going to be tolerated," McCaffrey said.
Rachelle Blidner covers Suffolk County government, politics and breaking news.
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