The Empire Page

Chosen by his colleagues as minority leader of the NYS Assembly this past April, Brian Kolb (R-Canandaigua) has put a stake in the ground on reforming New York State government by calling for an early constitutional convention.  In our interview we asked him about what a convention would cost and why he's confident the outcome would be positive for NYS.

 

Q: Some people argue that holding a constitutional convention would be an expensive, time-consuming process with no guarantee that the outcome would be an improvement over the current constitution.  How would you answer those objections?

 

A: The question you have to ask yourself is whether or not state government is working for you.  If your answer to that question is ‘yes,’ then a People’s Convention to Reform New York is not for you.  If state government is not working for you, I am suggesting that a People’s Convention offers a choice to change the status quo and ensure it better serves the people of New York.  I am open to other ideas that deliver or try to make change within the institution in a non-partisan way.  Opponents will try and play on people’s fears because the more fear you can create, the more attractive the status quo becomes.  There are no guarantees in life for anything: ultimately, this issue will have to be decided by the people of New York State.

 

Q: Because there's the possibility that the public will not vote in favor of a constitutional convention, should the Legislature simultaneously work on an amendment to the existing constitution in order to fix the lack of a process for replacing a lieutenant governor who has become governor?

A: Yes, the Legislature should work on an amendment to the Constitution to ensure a clear succession plan where voters choose their Lieutenant Governor, not a political appointee.

 

Q:  The NYS Constitution says that delegates to the convention are to be paid at the rate members of the Assembly are paid, that the convention would have the power to "appoint" employees and assistants, providing for printing of documents and cover other expenses.  Then a statewide election must be held on whether to adopt the outcome.  Have you put together an estimate of how much the entire process would cost and if not, shouldn't the public consider the cost when deciding whether to support a convention?

A: Estimates of costs for a "People's Convention to Reform New York" range from $12-$15 million, which includes delegate and support staff salaries, travel and lodging expenses, facility costs and printing expenses (assuming the People's Convention was approximately 22 weeks long).  It boils down to a $12 to $15 million cost versus $8.5 billion in new taxes and fees... you pick. 

 

Q: Other than filling a lt. gov. vacancy, what are the primary areas of the current constitution that you feel need to be fixed or re-written? What new provisions do you feel need to be added to the constituion?

A: The beauty of a "People's Convention" is that the people themselves get to decide what issues will be addressed.  Some of the reforms I would like to see them address include an independent legislative redistricting commission, a succession plan for all state offices, initiative and referendum, term limits for Legislative Leaders, a unicameral state Legislature, debt reform, a ban on backdoor borrowing, along with a property tax and state spending cap.

 

Q:  Given that the Democratic Party holds a large plurality of registered voters in New York aren't you concerned that the majority of delegates to a constitutional convention would be opposed to all of the reforms you've suggested are needed?

A: I believe that support for non-partisan reforms like an independent legislative redistricting commission, a succession plan for state offices, term limits for Legislative Leaders, initiative and referendum, debt reform and a property and state spending cap cut across party lines -- so the political affiliation of delegates would not be an issue.  The election of delegates is non-partisan, no party platforms.  With media scrutiny and grassroots dissatisfaction with the status quo, it's worth trying regardless of the obstacles.

 

Q: Which leads to our final question, if the matter of a constitutional convention is to appear on the state ballot prior to 2017, it will have to be placed there by the State Legislature.  Given that the Speaker of the Assembly seems more than content with the current constitution, what is going to happen to convince him to allow his members to support such a ballot?

A: If the Assembly Democrats care about reform and what their constituents want, they will press the Speaker to bring the bill out for an up or down vote.  If they don't, then the choice will be clear for voters to vote them out of office next year since the entire Legislature is up for re-election.