As a special once-a-decade commission decides what changes to add to the New Haven’s foundational laws, City Hall’s top lawyer offered advice: Don’t add. In fact, you should take things out.
“Less is more,” Corporation Counsel Victor Bolden (pictured) told the Charter Revision Commission Thursday night in City Hall. He advised the commission to remove antiquated language and not to add laws covering things like public campaign financing.
The commission’s Thursday evening hearing was part of its ongoing process to revise the New Haven Charter, the 39-article document that contains the most basic laws of New Haven, defining the shape and scope of city government.
The city is undergoing its legally required decennial charter revision process. Aldermen have formed a special commission to examine the charter and decide if any changes are needed. The commission will propose changes to the Board of Aldermen, which, if approved, will appear on the ballot in November, for public referendum.
Bolden offered the commission seven recommendations Thursday night. He and Assistant Superintendent of School Garth Harries both spent a large part of their testimony on what has emerged as the hot-button charter revision issue: whether to move from an appointed Board of Ed to a partially or fully elected board. They both said the city should stick with what it’s got.
“The Charter Dilemma”
The charter presents a fundamental dilemma, Bolden (pictured) told the commission. On one hand, it fosters democracy by allowing neighbors a direct say in the shape of their municipal government. On the other hand, once something is in the charter, it’s very hard to change, even if the “will of the people” evolves.
The resolution of that dilemma is twofold, Bolden said: “Add no more than what is necessary to govern. Remove matters that can be handled through simple legislation.”
Bolden presented seven recommendations based on those two ideas.
• First, he said, amend the language of the charter. He said he supports East Rock Alderwoman Jessica Holmes’ suggestion that the language of the charter should be made gender neutral so as to not exclude any city residents. The city should also remove “antiquated provisions” like references to a “Department of Welfare,” which hasn’t existed for many years.
• Bolden’s second recommendation: Do no add entities into the charter, such as a Civilian Complaint Review Board and the Democracy Fund Board, both suggestions before the commission. It’s better to address those ideas with regular ordinances, which are easier to revise and improve, Bolden argued. Adding intended solutions to the charter can later limit your abilities down the road, he said.
• Bolden also recommended the city switch from two- to four-year terms for mayor and aldermen, to allow elected officials to focus on the job, not on campaigning. He also offered recommendations about reviewing civil service requirements, purchasing reform, and maintaining the current appointment powers in the charter, which grants most appointing power to the mayor, with aldermanic review for the majority.
• Bolden’s final recommendation: Maintain a Board of Ed fully appointed by the mayor.
The Appeal Of Appointment
While the Charter Revision Commission has many proposed changes to consider, one has emerged as the dominant topic of discussion: Whether to move to an elected Board of Ed.
As it is, the mayor appoints all members of the Board of Ed, of which he is also a member.
Proponents of an appointed board argue that appointments take the politics out of education. They argue the process leads to a board comprising people who wouldn’t run for an office, people who are motivated not by personal ambition but by the opportunity to serve. Proponents of a fully or partially elected board argue that it allows for a more democratic body that would better reflect the will of the city and allow for a greater diversity of voices on the board.
In arguing for a fully-appointed Board of Ed Thursday night, Bolden appealed to what he called the “One-Vote Principle.” As it is, with just one vote — the vote for mayor — people can hold a single person accountable for education in the city, Bolden said. This forces the mayor to make education a continuous priority, because the mayor will always have to answer to voters about the performance of public schools, Bolden said.
Bolden said that with an elected Board of Ed, a mayor would have an excuse for failing to improve education: It’s not me, it’s that Board of Ed you elected.
The question of moving to an elected Board of Ed brings up a number of transitional and procedural questions, and could lead to litigation if mishandled, Bolden said. And no data show that elected school boards lead to better student outcomes, he said.
Assistant Superintendent Garth Harries.
Assistant Superintendent Harries also argued for maintaining an all-appointed Board of Ed. Harries said an appointed board ensures a “unified agenda” and ensures board members are not there for personal gain. He echoed Bolden’s accountability argument, saying that an appointed board “focuses accountability” on the mayor. And he said that an appointed board ensures that the Board of Ed is “aligned” with other “city initiatives.”
Atty Bolden is right about one thing I would take further. Take ALL of the controversial revision items out of the charter and make them simple legislation, accessible to the BOA at all times. New Haven shouldn't be bound for a decade or more by what a shadow coalition decides they want.