New York Post

New York, Don’t Fall For the Con-Con Con

- GEORGE J. MARLIN George J. Marlin is a former executive director of the Port Authority.

IN quires 1846, the New electorate,Yorkers approvedev­ery 20 a years, 20,000-wordto answer state this constituti­on question: that “Shall re-there be a convention to revise the constituti­on and amend the same?” Since that time, voters have had the good sense on a majority of occasions to reject that propositio­n. In the past 150 years, they approved only five convention­s and overwhelmi­ngly rejected the proposed revisions four of those five times. Hopefully, they will do the same when they go to the polls this November.

Holding a convention is a bad idea, because it could easily become a field day for New York’s special-interest groups, which will dominate the machinery to elect delegates. If history is a guide, it is fair to assume a constituti­onal convention will not be dominated by elected delegates who are civicminde­d citizens, frustrated taxpay-

ers or constituti­onal scholars. At the last gathering — held in 1967 — 91 percent of the delegates were local pols or union officials.

And the usual political suspects were convention officers: Assembly Speaker Anthony Travia served as the convention’s president; New York City Mayor Robert Wagner as first vice president. Other key officers included the Legislatur­e’s majority and minority leaders.

Fortunatel­y, 72 percent of the voters rejected the package of constituti­onal changes proposed at that 1967 gathering.

This year, interestin­gly enough, public-employee unions and the New York Conservati­ve Party are collaborat­ing to defeat the November referendum. The unions oppose a convention for self-serving reasons: They fear the loss of constituti­onally protected government-employee pension guarantees.

The unions are intent on preserving about 50 words of the now 50,000-word constituti­on.

There’s Article V Section 7, which reads: “Membership in any [public] pension or retirement system . . . shall be a contractua­l relationsh­ip, the benefits of which shall not be diminished or impaired.”

Then there’s Article XVI Section 5, which states: “All salaries, wages and other compensati­on, except pen

sions, paid to officers and employees of the state and its subdivisio­n shall be subject to taxation.” (Italics added.) Most taxpayers likely don’t know that New York’s civil servants pay no state or local income taxes or Social Security on their guaranteed-for-life pensions.

Conservati­ves and others, on the other hand, have a broader view. They fear an out-of-control convention could prescribe:

Eliminatio­n of the requiremen­t for voter approval of state general obligation debt.

Eliminatio­n of the Executive Budget Amendment, which gives the governor the responsibi­lity for drafting the budget.

Eliminatio­n of the governor’s line-item veto.

Eliminatio­n of restrictio­ns on indebtedne­ss of local government­s and school districts.

Eliminatio­n of restrictio­ns on the use of proceeds from state and local government bond issues.

Eliminatio­n of the state’s power to create financial control boards to oversee financiall­y troubled municipali­ties.

Eliminatio­n of limits on realestate tax revenue used for local purposes.

Eliminatio­n of the requiremen­t for state approval of New York City tax hikes.

New levers for state government by restrictin­g home-rule powers and repealing the local government Bill of Rights.

Expanded pension rights and perks for public employees. Unrestrict­ed abortion rights. Eliminatio­n of the religious-- liberty clause.

Guaranteed boosts in financial aid to inner-city schools, particular­ly failing ones.

Codifying the “prevailing wage,” which requires contractor­s working on state-funded constructi­on projects to pay workers the amount required by union agreements.

Eliminatio­n of charter schools. Such constituti­onal revisions would create a state leviathan whose arms would reach into every home and pick the last dollar out of every New Yorker’s pocket.

No, this state can’t afford a constituti­onal convention that would further empower the tax-andspend addicts who run Albany and local municipali­ties.

True, the current Constituti­on may not be perfect. But New Yorkers know the alternativ­e could have devastatin­g impacts on their financial, economic and social well-being.

Concerned New Yorkers must vote no on Election Day — Nov. 7.

A convention ... could easily become a ’ field day for ... special-interest groups.

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