49 Misc. 2d 116 | N.Y. Sup. Ct. | 1966
This action is one of many which have been prompted by recent decisions of the Supreme Court of the United States which have pronounced the rule that the equal protection clause of the Fourteenth Amendment requires that seats in our State Legislatures be apportioned on a population basis, under the principle of “ one person, one vote ” (see Gray v. Sanders, 372 U. S. 368). We have been told by the Supreme Court that legislators represent people, not trees or acres, and are elected by voters, not farms or cities or economic interests; that the right of suffrage is a fundamental matter in a free and democratic society; that each and every citizen has an inalienable right to full and effective participation in the political processes of his State’s legislative bodies; and that the Constitution demands that each citizen have an equally effective vote in the election of members of his State
In this action the plaintiffs do not challenge the apportionment of seats in the State Legislature. They seek a declaration that certain provisions of the Westchester County Charter, the Westchester County Administrative -Code, and of the Charters of the Cities of Yonkers, New Rochelle, Mount Vernon, 'White Plains, Peekskill and Rye which establish the membership of the Board of Supervisors of Westchester County are unconstitutional under our own -Constitution and the equal protection clause of the Fourteenth Amendment. Nevertheless, we have been informed by our own 'Court of Appeals that there can be little doubt that that principle (“ one person, one vote ”) is applicable to elective legislative bodies exercising general governmental powers at the municipal level (Seaman v. Fedourich, 16 N Y 2d 94) and the principle has been applied in other cases in this State involving apportionment of seats in County Boards of Supervisors (cf. Matter of Goldstein v. Rockefeller, 45 Misc 2d 778; Shilbury v. Board of Supervisors, Sullivan County, 46 Misc 2d 837; Augostini v. Lasky, 46 Misc 2d 1058). It must also be applied here. Plaintiffs have moved for summary judgment pursuant to CPLR 3212 and it must be conceded that the problem presented is considerably more complicated than those which were involved in the cases above cited. Westchester County contains 6 cities and 18 towns. The total population of the county is 853,198. Neither the town nor the city lines were drawn on a population basis and there is a substantial disparity between the populations -of the 24 towns and cities which constitute the county. For instance, according to the United States Census of 1960, on which the plaintiffs rely in presenting population data to the court, the population of the Town of Greenburgh is 76,213, and that of North Salem is 2,345, Yet each has -one supervisor, as provided by section 20 of the Town Law. The 1965 Special Census figures which the defendants contend should be accepted as the basis for our conclusions, give the respective figures as 82,882 and 2,924. Peekskill, although it has only 18,-504 inhabitants (1965 census) has 2 supervisors, and New Rochelle and Mount Vernon, which have smaller populations than Greenburgh, have 4 and 5 supervisors respectively. White Plains, with a population of 50,000, has 3 supervisors, and Yonkers, with a population of 201,573, has 12 supervisors, although its population ratio to that of Greenburgh is about
The defendants have urged that there are issues of fact which require a trial. Various allegations of the complaint have been denied, but an examination of the pleadings in the light of the affidavits and briefs submitted in opposition to the motion discloses that there is no dispute as to the material facts. It is urged by the County Attorney and the court agrees that in solving the problem presented it is neither practicable nor desirable to establish rigid mathematical standards and that the proper judicial approach is to ascertain whether under the particular circumstances existing there has been a faithful adherence to a plan of population based representation with such minor deviations as may occur in recognizing certain factors that are free from taint of arbitrariness or discrimination. So the Supreme Court has stated (Roman v. Sincock, 377 U. S. 695, 710). The same court has also clearly indicated, however, that if population should be submerged as the controlling consideration in the apportionment of seats in a legislative body the rights of all citizens to cast an effective and adequately weighted vote would be unconstitutionally impaired (Reynolds v. Sims, 377 U. S. 533, 581, supra).
It is also urged that there are existing political remedies which the plaintiffs may invoke and which will give them adequate relief. It is suggested that the plaintiff supervisor may at any time introduce an appropriate local law providing for the apportionment of the voting strength of the board among its members in a manner which will meet constitutional requirements, or that
The plaintiffs are, accordingly, entitled to judgment declaring that the present apportionment of the voting power of the membership of the defendant Board of Supervisors of Westchester County is unconstitutional in that it violates the equal protection clause of the Fourteenth Amendment to the Constitution of the United States and section 11 of article I of the Constitution of the State of New York.
Plaintiffs’ application for a further declaration that the City Charters of the Cities of Mount Vernon, New Rochelle, Peeks-kill, Rye, White Plains and Yonkers are unconstitutional insofar as they require the election of the number of supervisors specified therein, from each city, without regard to popula
Other demands for relief are denied at this time. Plaintiffs have asked that the court permit the Board of Supervisors to continue as presently constituted only for such a period of time as shall appear to be equitable, with provisions for interim
The court will retain jurisdiction of this action for all purposes with the right given to any party to seek further relief, at the foot of the judgment to be entered, at any time after May 1,1966, or prior to that date if action shall be taken by the defendant board to adopt a plan of reapportionment consistent with constitutional standards.