Webutuck BOE member causes Reapportionment Commission to disband

DUTCHESS COUNTY — What began as a simple story about the Dutchess County Legislature considering the idea of downsizing from 25 members to 21 members come January 2022, quickly morphed into another. The news instead became about how the chairman of the Independent Reapportionment Commission that was created to look at the lines of the legislative districts following this year’s decennial Census caused it to disband. That’s because he serves on the North East (Webutuck) Board of Education (BOE). The commission was disbanded by Thursday, June 24, according to Chairman of the Dutchess County Legislature Gregg Pulver (R-19), a lifelong resident of Pine Plains.

The news about BOE member Richard Keller-Coffey broke just in the last two weeks, after it was discovered that he was an active member of the school board while sitting on the independent commission, which was a nonpolitical entity. Although his term ended in June, on May 19 he began a new term to fill the unexpired term of recently resigned BOE member Jay Newman, which runs until June 30, 2023.  

According to New York State bylaws, members of independent commissions cannot be elected officials; the state considers BOE members elected officials since they go through the election process and can levy taxes, etc.

“This got kind of blown up,” said Pulver. “We went to the county attorney’s office, their advice was… the fruit of the poison tree… our worry was if we replace Keller-Coffey or several others, no matter what, we  are opening ourselves up to a challenge, so we felt the best alternative was to reconstitute the whole commission. So what we’re doing is writing a local law to postpone the [reapportionment]. They’re disbanded at this point.”

But not abandoned. Pulver said he remains committed to the process. It just made sense to postpone it, especially as the U.S. Census Bureau will not get the most recent data from this year’s count to the county until Sept. 30 at the earliest, which is what is needed for the commission to begin the redistricting process. 

“It has to be,” Pulver said pragmatically. “It must be truly independent and having an elected official on there just muddies the waters too much. Obviously this turned political and propels some to say we are doing this just to abolish the commission. I will not tolerate not having an independent commission. This will go forward; that has been my commitment all along, just as downsizing has. We’ll get through it.”

He added not starting from scratch could have opened the county up to possible lawsuits, which was just too risky.

“Somebody would have challenged this man and won in court,” said Pulver. “We live in a litigious society and I don’t want to give anybody an opportunity to make this go away.”

When asked for an interview about his conflicting roles on the Webutuck school board and the commission, Keller-Coffey declined.

“At this time I really cannot comment,” he responded. 

The county hopes to form a new commission right after the Nov. 2 General Election. A local law will be voted  on to do so at the Legislature’s July meeting.

Meanwhile, Pulver and other legislators are pursuing a smaller Legislature, which would have to be passed as a public referendum on the November ballot, providing it passes in the Legislature. Pulver said he assumes it will as “it is in the best interest of county government.”

When asked to explain why, he said it comes down to basics.

“Obviously downsizing will save some money, that’s kind of the fiscal reason,” he said. “And as you move up in government, it’s supposed to represent more people. By going to 21 it would allow that to happen.”

If approved, this would be the fourth time in its history the Dutchess County Legislature, formed in 1713, will change the number of legislators it has.

Pulver’s District 19 is the largest district in the whole of Dutchess County, and also the most rural. It includes Pine Plains, Millerton/North East, Stanford and Milan.

Also in the Harlem Valley is District 25, which is held by Legislator Deirdre Houston (R), and includes Amenia, Washington/Millbrook and Pleasant Valley.

District  24, held by Legislator Alan Surman (R), includes Dover and Union Vale.

A smaller Legislature could impact districts in the Harlem Valley region, and possibly add more towns to Pulver’s already sizable District 19, though that is by no means decided. So “it’s definitely not in my favor” to downsize he said, noting he supports the move nonetheless.

For more on the Dutchess County Legislature or on the Reapportionment Commission and its goals, go to www.dutchessny.gov.