On Thursday, December 15th, attorney Michael Sussman held a press conference at noon on the steps of Yonkers City Hall to discuss the recent lawsuit he filed against the City of Yonkers over their extension of their own term limits.
The suit alleges that the city council’s vote, and the mayor’s signature, amending the charter violated ethics restrictions in that same charter as well as disregarded a section of the New York State Municipal Home Rule law. The Yonkers City Charter forbids city employees from engaging in actions that would directly benefit themselves financially. The extension of term limits of those still in office, despite having to still be elected to said office, provides a direct benefit in terms of salary, health insurance, complimentary car, and other perks. Additionally, the complaint asserts that the city did not abide by the mandatory voter referendum outlined in Section II of the Municipal Home Rule Law as it relates to changes in the structure of government. Sussman asks the court to void the recently passed term limits extension and alternatively require a public referendum on the matter to be held on the 2023 general election ballot.
12 plaintiffs are attached to the New York state court filing submitted by Sussman. A majority of these plaintiffs were present during the press conference, flanked by additional supporters. Shortly after the lawsuit was made public on Monday Dec 12th, these plaintiffs were put under scrutiny. Dubbed by some as the “Term Limits 12,” the composition and motivations of the members were challenged. Some are noteworthy names like Joe Pinion, the GOP nominee who unsuccessfully challenged Chuck Schumer for US Senate just one month ago. Others have been painted as opportunists looking to boost their own 2023 electoral ambitions. Only Joe Pinion and former Yonkers City Council Member Joan Gronowski gave comments during the press conference.
In similarity, Pinion’s, Gronowski’s, and Sussman’s statements were direct and didn’t simply avoid any appearance of partisanship, but instead directly addressed the non-partisan effort they are attempting to convey. Pinion provided the populist message of, “we can’t continue to have a small group of people who feel they have the power to make decisions […] in backroom deals that undermine the will of the people.” Sussman even went so far as to address the matter of the mayor’s popularity in the city. To take that fight off of the table, he likened the mayor to former President Barack Obama stating, “as many felt Obama was a wonderful president, we didn’t go ahead and extend the term limits.”
In his final comments from the steps of city hall, Michael Sussman noted the recent mayhem during the 10 day term limits process. He admonished the need for such strife and reminded both the public and their elected officials that this judicial process exists to provide a “proper, reasoned resolution.”
Further legal news on this matter is unlikely to come before the end of the year. A court will seek a response from the city in early January 2023. A state judge may or may not order oral arguments subsequent to that response. And regardless of the court’s ultimate ruling, expect the appeals process to drag on well into campaign season.
