Billionaires' pact: Oligarchs get a fix on NYC charter

Mayor Michael Bloomberg, the self-made billionaire who has a private habit of expressing disdain for those with inherited wealth, nonetheless seems to have cut a deal with fellow billionaire, longtime Republican and once-failed mayoral candidate Ronald Lauder, grandee of the Estee Lauder fortune, to support changing the city charter limit for city officials from two four-year terms to three.
As Sara Kugler of the AP reports here, the private deal was cut behind closed doors and involves Bloomberg's promised appointment of Lauder to a charter commission that will put the issue to a vote in 2010 -- presumably after the City Council fixes the law so that they and Bloomberg can seek third terms.
Lauder has never been elected to anything. But he exercises power to fund the city's term-limits movement, having headed a committee by that name for 15 years, and is the only player on the scene like Bloomberg with the deep pockets to buy up air time and thus out-talk the rabble -- otherwise known as the citizens -- and sway a term-limits referendum.
The city's big three dailies have also been courted behind closed doors. The two tabloids have tended to coddle Bloomberg on the important stuff, but their editorial pages, appropriately or not, have repeatedly caricatured the Council as a kind of bastard institution populated by self-serving little varmints.
To avoid the bad ink that would come from an unaffiliated grab at extending their own term limits, the Council would be protected in a package with Bloomberg and would presumably be immune from criticism for which there is much precedent. So much for calling things on the merits.
And, as blogged here and elsewhere in recent days, this Lauder agreement -- an evident quid-pro-quo -- may well violate the city charter.
Randy Mastro, who led charter-change efforts for Mayor Rudolph Giuliani, was on the losing end of the court challenge a few years ago when Speaker Gifford Miller and his members changed the rules applying to certain Council terms in a way that benefitted himself. In that case too Miller solicited Lauder's "permission."
In today's Times, Mastro cites a section of the charter that seems to run contrary to the Bloomberg-Lauder compact.
This says: “No public servant shall use ... his or her position as a public servant to obtain any ... private or personal advantage, direct or indirect, for the public servant.” What are we to call a charter-commission appointment made explicitly to buy off a potential opponent of your electoral plans -- a charitable contribution?
Fines and criminal sanctions for violating this provision are a possibility, Mastro notes.
A couple of interesting twists become evident from Wednesday's events...
For one, if Lauder's agreement to suspend a term-limits campaign succeeds in extending the public career of a favored individual, then those who opposed limits back in the 1990's, when the movement was fashionable on the right, will be proven correct.
Players included Peter Vallone Sr., who was bounced as longtime Council speaker by the advent of term limits. He has always maintained that the votes of 1993 and 1996 were not valid because of Lauder's money infiltration.
What else could you think of the whole Astroturf-roots civic movement if this law-for-one-man goes through? Bear in mind that in recent years, other legislatures in other states have been dismantling term limit laws as well. Wonder if Lauder would call this an experiment that failed.
As much as he keeps up cordial appearances, Giuliani could only regard this dimly. After all it was Lauder, an ally of the Rudy-phobic Sen. Al D'Amato, who ran that GOP primary against Giuliani in 1989, with the expectation that the winner would be opposing Mayor Ed Koch, rather than the eventual Democratic candidate and that year's winner, David Dinkins. Giuliani let others try to get him an extension too, in the tumultuous fall of 2001, but Giuliani's conduct in that effort was restrained and classy in comparison to his successor's current power grab. Bloomberg's predecessor at least could say he supported the 1996 referendum effort, in which the voters rejected three terms instead of two. And on his way out of office, Giuliani said he thought two terms was appropriate for a mayor but three terms would be better for the Council -- which may have been a personal tip of the hat to Vallone, whom he said had the institutional memory to help him when he first took office as mayor.

Comments (1)
He should not be doing this.