Redrawing Nassau's legislative districts

Your editorial regarding the Nassau County Legislature's efforts to fulfill its duties under the county charter misses the mark in two respects ["Redistricting power play," April 25]. It is based upon errors of fact and errors of law. It is, however, an excellent regurgitation of the position of the Democratic caucus, which wants the reapportionment process to be manipulated to its advantage.

First, let us examine the relevant provisions of law. Section 112(2) of the charter provides in clear and unambiguous language for the legislature to make changes in district lines to reflect the new census data immediately.

Moreover, the text of the charter (Section 112(3)) makes it clear that it is the duty of the legislature to readjust or alter district lines, even where incumbent legislators no longer live within the newly drawn district [legislators have one year to move into the altered district]. This law would not be necessary if the legislature were merely to enact a "non-binding" "description." We note here that such a nonbinding enactment is prohibited by the rules of the legislature.

The charter goes on to provide for a commission (Section 113), which has a greater period of time to deliberate and propose plans. Ultimately, the charter (Section 114) calls for the legislature to adopt "a final plan" before the 2013 election. It is obvious that the purpose of the charter is to give the citizens of this county the benefit of the new census data as soon as possible.

The fact that the legislature under Democratic control did nothing in 2001 is no justification for doing nothing today. The facts are compelling: 1) A new minority population has emerged in western Nassau; 2) We have several districts that are overpopulated -- that is to say, the voters are underrepresented in violation of one-person, one-vote principles; 3) The population deviation exceeds permissible standards; and 4) The existing plan cuts town lines excessively.

Newsday has not considered or addressed the fact that current district lines create a population deviation exceeding 22 percent. The law requires 10 percent or less.

Newsday in condemning the process as "hasty" and "haphazard" has failed to consider that Nassau's charter, setting up a three-step process for reapportionment, is superior to that of other counties. Nassau County applies the new census data immediately, and then has a commission that prepares a more in-depth review so that the legislature can adopt a final plan in 2013. I submit that this process is better for our citizens than quick hearings and a final plan adopted in 2011.

Newsday's callous condemnation of the plan is not reflective of the plain and unambiguous language of the law that requires a 2011 adjustment. Further, it ignores the fact that current lines are not legally sufficient. We should not enshrine in law underrepresentation where we can do better. Finally, Legis. Peter Schmitt's (R-Massapequa) directive to recognize and empower the minority community that has emerged should be lauded.

John Ciampoli, Mineola

Editor's note: The writer is the Nassau County attorney.
 

Why does Legis. Peter Schmitt keep forgetting that we are in a fiscal crisis? Redistricting twice in two years would be both costly and absurd. The time frame outlined in the county charter clearly states that redistricting must take place 10 years after the last redistricting, must allow the legislature to set up a committee 20 months before an election and must be brought to the legislature for a vote 10 months before the election. Peter Schmitt isn't allowing for public vetting.

Mark Manas, Merrick
 

Newsday's editorial hit the nail on the head. Redistricting cannot possibly be done in time for this coming election. It's apparent that this move by Peter Schmitt is nothing more than a power play to manipulate the November elections.

Redistricting the legislative districts twice within 10 years reminds me of what former Republican Rep. Tom DeLay was convicted of doing in Texas. It will probably end up in court.

Claudia Borecky, Merrick
 

The League of Women Voters of Nassau County, a nonpartisan organization, is concerned about the legislature's haste in redrawing the legislative district lines. The legislature is not adhering to its own charter, subsection 113, which requires an advisory redistricting commission to be established to reapportion the districts based on the federal census.

This commission was never established. Instead, new district lines are being drawn and are scheduled to be presented to the legislature for a vote on May 16. The League strongly believes the public is being ill-served by this rush to get new district lines established in time for the 2011 election.

Rachael Krinsky, Point Lookout

Editor's note: The writer is the president of this organization.