Sty-fling the Council

Using a little-known trick to steal initiative from 50 independently elected members, the speaker of the New York City Council is exercising inordinate control over the supposedly democratic body. The jig is up on Melissa Mark-Viverito’s ploy. The people of the city may be so naive as to believe that the Council members they elect — each of whom represents roughly 160,000 of us — have the power to draft legislation. Here’s how it really works: Suppose Council member Charlie X has an idea for a bill — say, to legalize pet pigs. He contacts the Council’s legislative services office to get it worked up into legislative language.

Staff in the office, who report to Mark-Viverito, say: “Sorry, Charlie. Pigs are taken; another member is already working on something similar. No bill for you.” Charlie’s curious: “Who’s the other member?” Mark-Viverito’s drones reply: “It’s a secret.” But Charlie really likes his bill and wants to know: “Can I talk to the mystery member? Would his or her bill legalize all pigs or just potbellied pigs? Allow them everywhere, or just in singlefamily homes? Could they eat brunch?”

Mark-Viverito’s drones: “That’s all too.”

Just like that, Charlie is put out to pasture. It’s patently absurd.

It also happens to be against the rules. Council Rule 6.60(a) states: “The Speaker shall ensure that the Council central staff provides legislative drafting services to all members on an equitable and confidential basis.

“Confidentiality precludes Council central staff from refusing to provide legislative drafting services to any member on the basis that similar legislation is currently being drafted.” secret,

Translation: Staff must draft a bill even if there is a prior request.

But when Corey Johnson wanted to advance a bill to require half of all taxis and Ubers to be wheelchair-accessible, he was told: no can do.

When Elizabeth Crowley wanted to sponsor a measure related to disability pensions for firefighters and cops, she got the same answer.

The brushoff happens almost any time there’s a news story highlighting something that might prompt legislation. In those cases, the speaker claims for herself sole authorship rights, with plans to dole out sponsorship as she chooses.

Mark-Viverito’s weak claim is that the secrecy is required because the legislative services office employs lawyers, making their work covered by attorney-client privilege.

Pig poop. Bill draftsmen and draftswomen work not for the members — or for the speaker. They work for the people.

Further exploding the attorney-client privilege dodge: Mark-Viverito herself already knows the requester of each bill. Two ways to end the stranglehold: Put a time limit on how long an unknown member can claim a given bill topic. Set the clock for, say, 30 days before it must become public or be dropped, letting another member pick it up.

Another, better idea, is a making public an existing database that tracks all bills requested by topic. Now it only shows members the progress of their own requests. Let everyone see what everyone has requested.

Speaking of pigs, in a book about them, there’s a famous line: “All animals are equal but some animals are more equal than others.”

The Council speaker is not a dictator and the members are not her subjects, but her equals and her colleagues. She must end this Orwellian farce.