Clarkstown Lacks Authority To Add Term Limits As Referendum On November Ballot

Clarkstown Town Attorney Amy Mele and an outside legal expert issued opinions Tuesday night that the term limits proposal could not be put on the November ballot as a referendum. The town board received a petition with more than 3,400 signatures in favor of term limits that would restrict the town supervisor and town board members to eight consecutive years in office. Dozens of supporters and opponents attended the meeting to hear and share opinions on the proposal, sometimes disrupting the speakers.

Mele said state law did not allow the board to place the issue on the ballot. Robert Spolzino, an attorney with Wilson Elser Moskowtiz Edelman & Dicker LLP of White Plains, concurred that Clarkstown officials did not have the authority to put the term limits question on the ballot as a referendum.

“There is no general or special law here that would allow term limits to be put on the ballot,” explained Spolzino.

He did say the town board could vote on term limits.

Gerry O’Rouke of the Clarkstown Taxpayers, the organization that circulated the petition, presented the signed documents to the town board.

“The public has spoken and demands action now,” he said. “I think Clarkstown has the opportunity to demonstrate real leadership.”

The pros and cons of term limits were discussed by the public speakers.

“Term limits would actually give more power to special interests and party bosses,” said one resident.

Another resident countered, “It reduces the power of staff, bureaucracies and lobbies.”

Arlene Whittaker of Bardonia said, “I want to state that I am against term limits that is why we have elections.”

New City resident Nicole Doliner, chair of the Clarkstown Democratic Committee, said, “I do believe we have term limits. The supervisor has to run every two years.”

Bob Axelrod, chair of the Clarkstown Republican Committee, said, “3,500 names on a petition is giving them a choice. It’s incumbent upon you as an elected body to give them a choice.”

“Term limits should be in place for all elected politicians,” said Frank Grandel also a Clarkstown Taxpayers member, adding that a long term in office “breeds and grows a dismissive attitude toward the electorate.”

Numerous speakers urged the board to act.

Giovanni Scaringi, secretary of the Clarkstown Republican Committee and a Nanuet resident, said, “The 3,500 petition signatures that have been placed on your desk are the will of the people. Let the people decide. Let the people decide. Let the people decide now.”

Mike Hirsch, founder of the Clarkstown Taxpayers and a New City resident, told the board, “The people want a chance to vote on this proposition, just give them that chance.”

Town Board Member Frank Borelli (R-New City) said the concept has merit and proposed the town board discuss different options. Board Member George Hoehmann (R-Nanuet) supported Borelli’s recommendation and said the current proposal targets certain officeholders only.

“I’m very confident the supervisor will put that on the next agenda, either September or October,” Borelli said. “But certainly we should have it on for discussion as soon as possible based on the number of people who came to the meeting tonight. It is an issue which is of great interest to the residents of Clarkstown.”