CITY OF YONKERS LEGISLATIVE DEPARTMENT ~ OFFICE OF THE CITY CLERK VINCENT E. SPANO. CITY HALL, ROOM 107 CITY CLERK 40 SOUTH BROADWAY EMAIL: VINCENT.SPANO @YONKERSNY.GOV YONKERS, NEW YORK 10701-3884 (914) 377-6022 FAX: (914) 377- 6029 July 31, 2023 VIA HAND DELIVERY Hon. Lakisha Collins-Bellamy, Council President Hon. Tasha Diaz, Majority Leader Hon. Michael Breen, Minority Leader Hon. John Rubbo, Majority Whip Hon, Shanae Williams, Councilmember Hon, Corazon Pineda-Isaac, Councilmember Hon. Anthony Merante, Councilmember Re: — Report of the City Clerk-Examination of Proposed Charter Amendment Petition filed July 10, 2023 Honorable Council President and Members of the City Council: ‘As you are aware, on July 10, 2023, a petition entitled “2023 Voter Petition to Adopt a Local Law Establishing three (3) consecutive terms limit for the Offices of City of Yonkers Mayor, City Council President and Members of the City Council” was filed with the City Clerk, City of Yonkers. The Petition consists of three (3) volumes containing 5,076 signatures in total. Each volume includes a “Cover Sheet” followed by a document entitled “LOCAL LAW ESTABLISHING TERM LIMITS” and then petition sheets (collectively referred to as “Petition”).! A copy of the Petition is expressly incorporated herein as Exhibit A.? As you are also aware, Municipal Home Rule Law (“MHRL”) § 37 imposes upon the City Clerk the responsibility to determine and certify whether the Petition complies with New York State law and report on the matter.’ On July 12, 2023, Yonkers City Clerk Vincent Spano issued a press release removing himself from review of the Petition leaving the review and certification as to the sufficiency of same to his Deputy Clerks.* For the reasons set forth more fully below, the Petition does not comply with the requirements of, inter alia, MHRL § 37 and is, consequently, insufficient, 4 Volume J contains sheets 1-192; Volume 2 contains sheets 193-385; Volume 3 contains sheets 386-458. See Exhibit A. 2 The Petition is available for review at the Clerk's Office. » See MHRL $§37(5)-(6). “A copy of the press release has been annexed hereto as Exhibit B.ion is insufficient in that it does not contain the requisite number of valid signatures, The Petition comprises of three (3) volumes containing 5,076 signatures in total. See Exhibit A. Pursuant to MHRL § 37(2), the Petition needed the valid signatures of at least 10% of the total number of valid votes cast for governor in the last gubernatorial election in the City of Yonkers. The total number of votes cast in the 2022 gubernatorial election was 47,233,[1] Thus, the total number of valid signatures required is 4,723. Each of the signatures were inspected for validity by an independent auditor and then reviewed by the undersigned and it is determined that 2,463 signatures are valid and 2,613 signatures are invalid. Of the signatures submitted, 3,104 separate issues were identified impacting the validity of 2,613 signatures. Multiple issues were identified for certain signatures. The total number of issues identified, which invalidated a total of 2,613 signatures, are as follows: Signature not legible 1,8215 Signatures on a petition sheet for a public office 10° Voter not registered in the City of Yonkers 352 Signature printed 284 Missing Date 8 Address incomplete 175 Incomplete Name 23 Signatures from individuals who 5 registered after Nov. 8, 2022” Signatures witnessed by individuals 106 not registered to vote in New York State Accordingly, the Petition is insufficient in that it does not contain the requisite number of valid signatures. ‘The Petition is insufficient in that it is untimely MHRL § 37(6) requires that the City Clerk, “{w]hether or not he finds the petition sufficient” to “transmit such proposed local law forthwith to the legislative body.” If the local legislative body fails 10 adopt the local law as its own within two months following the filing thereof, an additional petition may be filed with the City Clerk “at least two months and not more than four months after the filing of the original petition”, requiring submission of the local law “at the next general election held not less than sixty days after the filing of such additional petition.” MEIRL § 37(7) (emphasis added). 5 Non-legible signatures were eross-checked against the address listed for each and only deemed non-lepibe if there was no voter registered a that address potentially matching the signature © Volutie 2, page #250 of the submited Petition contained a single page titled Democratic Party Designating Petition 2025 for the public office of Westchester County Legislator, 16 Legislative District. The aforementioned page contained a total often (10) signatures. Two of these individuals registered prior to that date but their registration was not effective until 2023. 2submitted to the electors “at the next general election” as requested in the Petition. The “additional petition” required by MHRL § 37(7) cannot be legally filed with the City Clerk until September 11, 2023, two (2) months after July 10, 2023, the date the original Petition was filed with the City Clerk. Consequently, the earliest that the proposed local law could legally be submitted to the electors is sixty (60) days thereafter --- Friday, November 10, 2023 --- three (3) days after Election Day. Accordingly, and for the same reasoning set forth by the court in Matter of Reus v. Katz, 43 Misc 2d 921, 923-24 [Sup Ct, NY County 1964], affd 21 AD2d 968 [1* Dept 1964], a case with almost identical relevant facts, the Petition is untimely. ‘The Petition is likewise untimely under Election Law § 4-108, Section 4-108 (b) provides inter alia, that: Whenever any proposal, proposition or referendum as provided by law is to be submitted to a vote of the people of a ... city... at an election conducted by the board of elections, the clerk of such political subdivision, at least sree months prior!” to the general election at which such proposal, proposition or referendum is to be submitted, shall transmit to each board of elections a certified copy of the text of such proposal, proposition or referendum and a statement of the form in which itis to be submitted... Election Law § 4-108 (b)(emphasis added). This year the General Election falls on November 7th. Accordingly, the Clerk is mandated by Election Law § 4-108 (b) to transmit a certified copy of any referendum to the Westchester County Board of Elections no later than August 7, 2023."" Given, as set forth above, that the earliest date that a secondary petition could be filed with the Clerk is September 11, 2023, it is an impossibility that the Clerk can comply with § 4-108 (b). Consequently, the Petition is untimely. See Matier of Reus v. Katz, 43 Misc 2d at 923-24, aff 21 AD2d 968. 3. The Petition is insufficient on its face The Petition is insufficient on its face in that it fails to: (1) set forth the proposed local law in full in each sheet of the Petition; and/or (2) include information necessary to make a determination as to whether the signers are qualified electors of the City of Yonkers who were qualified to vote at the preceding general election. MHRL § 37 provides, inter alia: 2. Qualified electors of a city, in number equal to at least ten per centum of the total number of valid votes cast for governor in such city at the last gubernatorial lection, or to thirty thousand, whichever is less, may file in the office of the city clerk a petition for the submission to the electors of the city of such a proposed 9 Since September 10, 2023, falls on a Sunday, the earliest date tht a secondary petition could be filed with the City Clerk is Monday, September 11, 2023. See Gen Const § 25-2. © Election Law $4-108(b) formally read “thirty-six days prior tothe general election..." It was amended in 2019 to read “three months prior to the general electon....” See L 2019, ch 5, § 4, effective January 24, 2019. "See also hiip/www.¢lections.ny.govNYSBOF/law/2023PoliticalCalendarpaf 3local law to be set forth in full in the petition. Qualified electors shall be deemed {or this purpose to be voters of the city who were registered and qualified to vote in such city at the last general election preceding the filing of the petition. 3. Such local law shall set forth the new matter to be added to the charter either in italics or underlined and the matter to be deleted therefrom either in brackets or with lines drawn through it 4, Such a local law may amend, repeal or supersede any local law inconsistent with the charter amendment ... in which event it shall specify the chapter number and ‘year of enactment, sections, subsections or other parts of each statute or local law so affected. Id. (emphasis added). Here, no proposed local law has been set forth in any sheet contained in the Petition in “italics or underlined and the matter to be deleted therefrom either in brackets or with lines drawn through it....” Jd. at §§ 2-3. Further, there is no “chapter number and year of enactment, sections, subsections or any other parts of....” any affected statute specified in the sheets much less any statute in the Yonkers City Charter that concerns term limits. /d. at § 4, Each and every sheet in the 458 sheet Petition merely provides: 2023 Voter Petition to Adopt a Local Law Establishing three (3) consecutive terms limit for the Offices of City of Yonkers Mayor, City Council President and Members of the City Council Section 37, Municipal Home Rule Law I, the undersigned, do hereby state that I am a duly enrolled voter in the City of Yonkers, NY, entitled to vote in the next general election: that my place of residence is truly stated opposite my signature hereto, and I do hereby support submitting the proposed local law establishing three (3) consecutive terms as the limit for the Offices of City of Yonkers Mayor, City Council President and Members of the City Council, for inclusion on the ballot in the general election to be held on November 7, 2023. IN WITNESS WHEREOFF, I have hereunto set my hand, the day and year placed opposite my signature. See Exhibit A. Indeed, it is axiomatic that any proposed amendments to the Yonkers City Charter must be set forth within each sheet of the petition seeking to change same with specificity in the manner prescribed by MRHL § 37 so that voters who sign the petition are on notice of the proposed changes. See MHRL §§ 37(2)-(4); see also In re Haskell v Pattinson, 2001 NY Mise LEXIS 367, 5-6 Sup Ct, Rens Co [2001]. Given the complete lack of compliance with MARL §§ 37(2)-(4), the Petition is insufficient on its face.Finally, the Petition is insufficient on its face in that it fails to include information as to whether the 5,076 signers were registered and qualified to vote in the City of Yonkers “at the last general election” as prescribed by MHRL § 37(2)(emphasis added). See also Potash v. Molik, 35 Mise 2d 1, 6 [Sup Ct, Erie Co 1962] (“On the sample petition sheet submitted to the court as an exhibit, it is found that all necessary information concerning eligibility has been stated by the signer, e.g., signature, residence in the City of Buffalo, qualified voter in the City of Bu‘Talo, registered at the last general election...” (emphasis added), affd, 17 AD2d 111 (4 Dept 1962]; 1981 NY Op (Inf) Atty Gen 200 (“It is our opinion that the petition is sufficient as to form, It includes the information necessary to a determination of whether the signers are qualified electors of the city who were qualified to vote at the last preceding general election.” (emphasis added)) For all of the foregoing reasons, we do hereby certify pursuant to MHRLS§ 37(5) that the Petition submitted to the Office of the City Clerk on July 10, 2023, is insufficient in that it does not comply with all of the requirements of law. A copy of this report is being forwarded to Phil Zisman, 25 Parkview Ave, #6F, Yonkers, New York, 10708, via philipzisman(@gmail.com as directed in the Cover Sheets of the Petition. Dated: Yonkers, New York July 31, 2023, Michael Ramondellt ‘Nerissa Pena Deputy City Clerk Deputy City Clerk ce: Phil Zisman via philipzisman@email.com Matthew Gallagher, Corporation CounselCERTIFICATION Thereby certify that I have undertaken a review of the Petition submitted on July 10, 2023, seeking to amend the City Charter as it relates to term limits of certain elected officials, Exhibit A, and have determined that said Petition fails to comply with the requirements of law in that: (1) the petition is insufficient in that it does not contain the requisite number of valid signatures; (2) the petition is insufficient in that it is untimely; and (3) the petition is insufficient on its face. A report to the City Council annexed hereto more fully describes the insufficiencies of the Petition. T have hereto set my signature hereon this 31* day of July, and certify that I have forwarded the report and certification to Phil Zisman via philipzisman@gmail.com as directed by same in the Petition Cover Sheets. Dated: Yonkers, New York July 31, 2023 Michael Ramondelli Nerissa Pena Deputy City Clerk Deputy City ClerkEXHIBIT A The Petition (Volume | contains sheets 1-192; Volume 2 contains sheets 193-385; Volume 3 contains sheets 386-458) is available for review at the Yonkers City Clerk’s Office.EXHIBIT BPRESS RELEASE, For Immediate Release CITY OF YONKERS LEGISLATIVE DEPARTMENT — OFFICE OF THE CITY CLERK VINCENT E. SPANO CITY HALL, ROOM 107 CITY CLERK 40 SOUTH BROADWAY EMAIL: VINCENT-SPANO@ YONKERSNY.GOV ‘YONKERS, NEW YORK 10701-3884 (914) 377-6022 FAX: (914) 377- 6029 ‘Yonkers, New York - July 12, 2023 YONKERS CITY CLERK VINCENT SPANO ANNOUNCES THAT DEMOCRATIC DEPUTY. CLERK NERISSA PENA AND REPUBLICAN DEPUTY CLERK MICHAEL RAMONDELLI WILL OVERSEE THE REVIEW OF TERM LIMITS PETITION On July 10, 2023, a term limits petition was filed before the Office of the City Clerk. Any public referendum sought in the City of Yonkers requires 4,723 valid signatures from residents. It falls, within the duties of the Office of the City Clerk to review petitions calling for a referendum. “In the interests of having a transparent and fair review of the petition filed, I have decided to remove myself from the review of the petition. The bipartisan team of Deputy City Clerks will review the petition and make the determination they see fit”, stated City Clerk Vincent Spano. “As City Clerk, it has been my goal to have a Clerks Office that operates with transparency and fairness to serve every resident of Yonkers.” Sincerely, Vincent E. Spano Yonkers City ClerkEXHIBIT C2022 GENERAL ‘TOTAL OF YONKERS ‘TOTAL OF TOWNS. TOTAL OF CITIES ‘TOTAL COUNTY WIDE GOVERNORI/LIEUTENANT Dem REP CON WOR wn wi Sree Ci ie ia See 26 6 F bs £ 8 i Hee taL ie Hite 2 i . 2 £€ © ig g a 8 fof ffi bb a 3 rorais: 24251 19680 1942 1319 5 96 47209 S19. 47782 roraus: 117180 79583. 7003 7192 42 122 211182 1650. 212008 Torats: 70152 30769 9680 9668 18 100 117367 1211 118598 orats: 187342 119952 10689 10660 60 222 329519 067 91586 106 OF 630