Procedure Committee and Forum Propose Changes to the Non-Partisan Resolution

Each year, following the elections for the Citizens Nominating Committee and the general election for Scarsdale Mayor and Trustees, the Procedure Committee meets to consider any changes to the Non-Partisan Resolution that could improve the process. This year, the Procedure Committee has adopted a draft of proposed amendments to the Non-Partisan Resolution. After receiving public comment the Procedure Committee amendments will be finalized by October 7th and voted on in November.

This past year following the election for the nominators and the CNC’s deliberations to select Village Trustees and Mayor, questions emerged about the voting process for the nominators, the make-up of the committee, confidentiality and the voting process of the CNC. The Procedure Committee sought to address some of these concerns with their recommendation for amendments.

In addition, the Scarsdale Forum drafted their own Non-Partisan Procedure Report with their recommendations on some of these same issues in June. This report as well as the Procedure Committees recommended amendments will be considered at a Scarsdale Forum meeting on Thursday October 6th at 8 pm in the Scott Room of the Scarsdale Library. At that meeting, both the Procedure Committee and the Forum's Non-Partisan Procedure committee will present their proposals in a panel moderated by Forum member Seth Ross.

Here are the recommended changes from the Procedure Committee, and recommendations from the Forum Committee on those issues, if any:

Membership on the Procedure Committee:

Proposed Amendment: Prohibits any person who is a member of the Citizens Nominating Committee, the School Board Administrative Committee, the School Board Nominating Committee, the School Board, or the Village Board from simultaneously being a member of The Procedure Committee.

Forum Report: “ A sitting voting member of the CNC should not be an appointed member of The Procedure Committee.

Mail-in Ballots:

Proposed Amendment: To allow residents to vote by mail-in ballot, accompanied by certification of eligibility to vote, to be received by the Procedure Committee by the day before Election Day.

Forum Report: The current use of absentee ballots (with restriction on use) should be repositioned as mail-in ballots. The Committee agrees that these mail-in ballots should be made readily available throughout Scarsdale for those without ready access to the Internet. The Committee also recognizes that increasing voter participation through the use of mail-in ballots must be balanced against the importance of maintaining election integrity. The Committee recommends that guidelines for use of mail-in ballots forbid candidates to touch completed mail-in ballots. Mail-in ballots should be delivered and received prior to the close of the election.

Eligibility to Serve on the Citizens Nominating Committee:

Proposed Amendment:

a. Prohibiting anyone from running for election to the CNC if his or her election would or could cause more than one person from the same household to serve as a voting member of the CNC.

b. Prohibiting a former Mayor or Trustee of the Village from running for election to the CNC unless more than one election cycle (approximately 19 months) has passed since the person last served in such position.

c. Prohibiting any person from serving as a voting member of the CNC for more than three consecutive years, provided, that a person elected to fill a one-year vacancy in the CNC shall be able to run for and succeed himself or herself with a full three-year term.

d. Prohibiting any person from serving as a voting member of the CNC who is at the time of the election a member of The Procedure Committee, the School Board Nominating Committee, the School Board Administrative Committee, the School Board or the Village Board.

Forum Report: “The Committee believes that persons should not be disqualified for eligibility for the CNC for being related, by blood or marriage, to another CNC member, nor for being active, currently or formerly, in Village activities or for having taken a position on a Village issue.”

“The Committee recommends that a person who is elected to fill a two-year vacancy in the CNC should not be able to run and serve again, succeeding himself or herself with a full three-year term, but that a person who has been elected to fill a one-vacancy should be able to run or succeed himself or herself with a full three-year term.

Voting at CNC Meeting:

Proposed Amendment: To provide that no vote for any nominee for a particular office shall be taken at a meeting at which a Committee member has presented new information as to a nominee for such office based upon the Committee member’s personal experience.

Forum Report: If the CNC chair determines that a CNC member has raised allegations that require verification which cannot be accomplished during the normal course of the meeting, no further vote for any nominee should be taken at that meeting unless such determination of the chair is overruled by two-thirds of the voting members present.

Rules of Procedure:

Proposed Amendments to Article V, The Citizen’s Nominating Committee, Section 5, allowing The Procedure Committee to make recommendations to the CNC with respect to its Rules of Procedure, which shall be consistent with the purpose and provisions of the Non-Partisan Resolution, and providing that any questions of compliance with the provisions of the Resolution regarding Rules of Procedure shall be ruled on by the Chairperson, whose decision can only be overruled by a 2/3 vote of the voting members present.

Discussion:

The Procedure Committee recommendations address conflicts of interest, irregular voting practices, repeat membership on the committee as well as the timing of voting for Trustees, Mayor and Judges at the CNC proceedings. The Forum report is in agreement with the Procedure Committee on several issues and diverges on others.

Eligibility: Last year’s Citizen’s Nominating Committee included a married couple, a former Trustee, the wife of a sitting Trustee and five vocal members of the Heathcote Five Corners Coalition. By barring members of the same household from serving together and barring membership on the CNC to active members of a host of Village Committees, the amendment seeks to minimize conflicts of interest.

However, the Forum committee took issue with this suggestion, stating that the strength of the CNC is their members’ inside knowledge of the Village. In their words, “The strength of The Procedure Committee has been its ability to recruit individuals who are willing to participate in contested elections for the CNC. Certain members of the Committee who have recently served on the CNC noted that the make-up of the CNC seems to be more diverse than was historically the case, with members being a diverse mix of residents with varying involvement in Village activities. Those CNC members more active in Village activities are more likely to have first hand knowledge of Potential Nominees, and be less reliant on third party information.”

Mail-in Ballots: Both reports address irregularities in the voting process for the CNC, when candidates could personally deliver absentee ballots to the committee. This allowed candidates to obtain absentee ballots, ask friends and neighbors to complete them and then deliver them in one batch to the Procedure Committee to be tallied. The Procedure Committee seeks to prevent this in the future by requiring absentee ballots to be mailed in accompanied by a certificate of voter eligibility. The Forum Report also calls for “mail-in ballots” and forbids the candidates from touching the ballots.

Due Diligence: In response to claims that the CNC vote was swayed by last minute information about potential candidates, the Procedure Committee is recommending that voting be deferred if a “Committee member presents new information about a nominee.” This would presumably give the nominators time to evaluate the information and do their own due diligence before voting.

In the Forum report, in a section titled “Dealing with Surprises,” the Forum recognizes the potential for committee members to throw out new information or unsubstantiated claims that could affect the vote. However, they advocate adhering to the current rule. Here is their conclusion:

“If the CNC chair determines that a CNC member has raised allegations that require verification which cannot be accomplished during the normal course of the meeting, no further vote for any nominee should be taken at that meeting unless such determination of the chair is overruled by two-thirds of the voting members present.”

It is important to note that the Forum Report also addressed breaches in the confidentiality of the proceedings, and recommended that those who are found to have violated confidentiality could be sanctioned, publically censured and barred from further service fro three years.

The Forum Report states, “Any member of the Citizens Nominating Committee voting or non-voting, can report a breach of the CNC Confidentiality Policy to The Procedure Committee for review and possible sanctions. Such sanctions could include public censure, removal from the CNC and/or making such person ineligible to serve on the CNC and/or The Procedure Committee for not less than three (3) years from the expiration of such person’s term.”

The Procedure Committee does not address this issue, perhaps because the Forum’s recommendation would turn the Procedure Committee into a court for disputes and might also serve to discourage residents from running for the CNC. The Forum report also clarifies the role of the Scarsdale Forum in the proceedings. Since the President of the Forum chairs the Citizen’s Nominating Committee proceedings, some have charged that the Forum is has undue influence over the process.

Some believe that the Non-Partisan Process, in place in Scarsdale since 1930, serves the Village well as it eliminates partisan elections that can be divisive. However, critics argue that since the process is secretive and does not allow potential candidates to air their views on the issues it is undemocratic. After the election last March when two write-in candidates made substantial inroads at the polls, the Village was in an uproar about the process and the partisan nature of our “non-partisan” system, where a committee names nominees, rather than candidates seeking office.

The Procedure Committee recommendations as well as the Scarsdale Forum report seek to clarify the rules and restore confidence in the process. The full text of the Proposed Amendments is posted here and everyone is invited to a panel discussion about the process on Thursday, October 6 in the Scott Room of the Scarsdale Library at 8 p.m.

If you have comments on the amendments or the process, please post them below: