Molinaro signs new Independent Redistricting Commission into law

Dutchess county — On Thursday, July 29, Dutchess County Executive Marc Molinaro signed legislation to create a new Independent Reapportionment Commission (IRC); the IRC’s job is to draw new boundaries for the County Legislature following the decennial Census. 

The non-political commission was dissolved in June after it was discovered its commissioner, Richard Keller-Coffey, was also serving on the North East (Webutuck) Central School District Board of Education (BOE). According to the New York State bylaws, those serving on independent commissions cannot be elected officials. New York State considers BOE members elected officials as they can levy taxes.

Keller-Coffey said he was abruptly notified of the conflict on June 24, by attorneys who worked with the now defunct commission.

Chairman of the Dutchess County Legislature Gregg Pulver (R-19) of Pine Plains immediately disbanded the commission. 

He explained previously that Minority Leader Rebecca Edwards (D-6), appointed Keller Coffey, who in turn selected two other members. Majority Leader Donna Boulner (R-13) also chose a Republican member, who in turn picked two others for the IRC; there were seven members on the commission in total.

“We went to the county attorney’s office,” said Pulver in June, “and their advice was… the fruit of the poison tree… our worry was if we replace Keller-Coffey or several others, no matter what, we are opening ourselves up to a challenge, so we felt the best alternative was to reconstitute the whole commission.”

Molinaro agreed that Keller-Coffey’s “ineligibility, and his role in selecting the balance of the Commission members, resulted in the disbandment of the Commission.” The county executive actually wrote those words into the resolution that formed the new IRC.

The Legislature approved the creation of the new commission with 15 Republicans voting in favor of the move and the 10 Democrats voting against it. 

Democrats from around the region, including those on the Stanford Democratic Committee, have spoken out against the Legislature’s move to disband the original IRC. The group wrote a letter to the editor in this newspaper that was printed on July 22.

It charged “the party in power” made use of “decades of map-making,” during which it would use the decennial Census “to draw district lines that favored its own candidates.”

The dissolution of the IRC, it added, was “a clear abrogation of democratic principles [that] cannot be allowed to stand. The current Independent Commission should be allowed to continue its vital work without interruption or interference from the party in power.”

The letter was signed by Stanford Democratic Committee Chair Michael Shafer and the rest of the committee’s members.

Molinaro acknowledged in the resolution the “The disbandment was unfortunate, but the Commission’s work must be without influence or question. And you must do all in your powers to help safeguard the Commission and its work from legal challenges. With the improper appointment of one of the original members, all decisions made by the Commission would be vulnerable to lawsuits and its decisions at risk of being overturned.”

He added, “this is not about the specific individual who was disqualified, nor does it ‘single out’ school board members, as some have tried to imply… I am disappointed there are those politicizing this situation.”

Anyone interested in serving on the new IRC, excluding the seven original members who served on the original commission, may apply this fall. Applications will be submitted to the Legislature by Jan. 3, 2022.

The IRC had not yet begun the meat of its work when it was dissolved, as it hadn’t yet received the results of the 2020 Census. Those are expected this fall, according to Pulver. 

The new IRC, meanwhile, will have a time line laid out to complete its work ahead of the 2023 election cycle, according to Molinaro.

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