Suffolk term limits case gains support

The newly broached question of whether Suffolk's term-limit law covers three countywide elected offices has quickly resonated in the greater political world.

Suffolk appears to be the only one of the state's 62 counties where a local term-limit law is on the books affecting any of those three jobs -- all established under Article XIII, Section 13 of the state Constitution.

The court complaint filed last week by District Attorney Thomas Spota, Clerk Judith Pascale and Sheriff Vincent DeMarco -- seeking to have their jobs declared exempt from the county's three-term limit -- prompted influential nods of agreement beyond Long Island.

"I believe the DA is a state-created office, and the terms of the office are beyond the reach of local law," said Martin Connor of Brooklyn, an election-law expert and former state senator uninvolved in the Suffolk case.

Rockland County Clerk Paul Piperato, president of the New York State Association of County Clerks, said the organization in November passed a resolution -- specifically in support of Pascale -- saying "no local municipality can regulate the terms of a state constitutional office."

"There are no others in the state, as far as clerks, sheriffs or DAs" who would be term-limited the same way, Piperato said.

In 1993, Suffolk voters amended the county charter by referendum to place limits of three four-year terms on county executives, legislators, comptrollers and treasurers -- as well as the three jobs at issue in the new State Supreme Court case. That year, New York City voters also imposed term limits for the first time on citywide, boroughwide and city council offices. The city's two-term limit, however, notably left out the district attorneys. (Clerks and sheriffs are appointed there).

"The district attorney is a state office," said Henry Stern, president of New York Civic, a veteran of city politics. "The city can't impose term limits because the DA is not a city official . . . I would say that was an easy call."

Last year, lawmakers in Westchester and Putnam counties reportedly bypassed these posts in their term-limit legislation.

Suffolk Legis. Ed Romaine (R-Center Moriches) left as county clerk in 2005 -- after being elected three times following enactment of term-limits. "I never contested it [term limit]," he recalled. But he said he believes Spota and the others will win the challenge. "There's absolutely a constitutional issue here," Romaine said.

Only the governor may remove a DA, sheriff or clerk, or fill a vacancy in those offices, "as distinct from all other countywide offices," lawyer Kevin Snover wrote for the plaintiffs.

But the law is one thing and political karma another. Mayor Michael Bloomberg and his allies legislated themselves an additional term, causing clear resentment in the electorate that voted in the limits. Earlier, in Islip, ex-Supervisor Peter McGowan faced a political backlash from trying to extend his stay.

While critics may also call this new court case self-serving, there's a difference. It would test the validity of an arguably flawed law, not rewrite it.

Still, there may be other obstacles in court. "At first blush it appears there are issues of standing, ripeness and justiciability, which a court would have to determine before it gets to merits," said lawyer Vincent Messina Jr., a government and election attorney for many years.

Spota, whose third term ends next year, doesn't say in the complaint he'd run again if successful in court. Pascale and DeMarco are in their second terms.