Right-sizing

State 'mandates' are like cockroaches: hard to kill

Newsday's editorial board frequently meets with people in public life: school superintendents, state and local elected officials, law-enforcement agents. And one question that comes up all the time is how to reduce the cost of public services.

It was an issue back when the only urgency was New York's position as No.1 or No.2 in the nation with the highest combined state and local tax burden - a "distinction" New York trades from year to year with New Jersey. Now, as the Great Recession has tightened the screws on public budgets everywhere, the question is more pointed: Which will it be, raise taxes or cut services?

Elected officials, candidates and community leaders usually don't want to choose between these unpopular alternatives. Sometimes they try a dodge: "Cut waste, fraud and abuse!" Hard to argue with that. No one ever campaigns for more inefficiency, dishonesty and corruption.

The other dodge - or at least that's how I thought of it until recently - was, "Cut unfunded mandates!"

"Mandates" come up often as the culprit forcing unnecessary costs on local governments and agencies - but ask for an example, and people have trouble responding. It's not that the problem doesn't exist; it's that it's so pervasive, and it's hard to know where to begin.

Mandates were once well-meaning state rules for how municipalities and school districts should do business. Now, the rules have hardened in concrete. They're bureaucracy; they're micromanagement. And, as of December, they're available in 40 pages of highly descriptive detail - 238 separate mandates - that a task force spent nearly a year compiling for Gov. Andrew M. Cuomo.

The report from the 2011 Mandate Relief Redesign Team lists burdensome rules and paperwork like a bundle of hard knots. Permit local governments to make discretionary purchases on public works projects up to $50,000, instead of $35,000. Reduce time-consuming requirements surrounding foster care reports, while still making them useful to the courts. Allow nursing homes to keep some records electronically.

Cuomo has highlighted mandate relief in two subsequent State of the State speeches - in 2011 and again early this month. In fact, he said pretty much the same thing both times: We need to fix the problem. He had to repeat himself because, while the redesign team did come up with a long list of mandates, it got very little relief accomplished.

Why? Well, first, the team of 27 - representing schools, municipalities, the State Legislature, business and civic organizations - had to agree on which mandates to relieve. The members came up with just $410 million worth - a small drop in a $132.5-billion state budget sea. Of that, the legislature wiped out just 22 mandates - for an estimated statewide savings this year of $125 million. State agencies can save another $40 million by rewriting regulations.

Mandate relief was supposed to ride a white horse to rescue municipalities and school districts from the tough new 2 percent cap on property tax growth they must begin living with this year; $165 million won't do it.

Rather than admitting defeat, the governor and State Legislature formed a Mandate Relief Council - 11 members, including state bureaucrats and legislators - to consider the other 216 mandates. Cause for optimism is slight.

Former Gov. David A. Paterson used to float an idea that all state rules should expire at a certain date unless legislators voted to keep them. That's drastic, but it may be New York's only real hope of undoing the knotty bureaucracy that yokes this tax burden to citizens' shoulders.

Essay first published in Newsday.

Readers respond: Students need layoff facts

Regarding the column by Anne Michaud, "Keep school budget talk out of the classroom" [Opinion, Dec. 8], I agree that children need to feel secure in school. Their focus needs to be on learning. A major part of that learning should, in my opinion, be relating knowledge to reality. What good are the three Rs if we don't see the issues that are facing us daily?

We live in a society that has a small percentage of people voting in general and school elections. This lack of response leads to lack of control over the direction our country takes and sometimes even to corruption in government.

It is imperative that our children learn to be good citizens and participate in our democracy. If this means bringing up budget concerns to students old enough to understand, then they should be mentioned. An open discussion talking about the whole process and not focusing just on layoffs, would be in order. This hopefully would bring students to begin thinking about mundane issues that our society faces on a daily basis. Opening their young minds would undoubtedly lead to a more involved electorate later on.

Steve Tuck, Huntington

If a teacher is asked a question by a student, shouldn't it be answered? I find it amusing that a person who contributes to Newsday's Opinion pages wants to now control the things we say in class. Newspaper columnists get their forum without any input from readers.

I find all the harsh rhetoric printed in the last several years about teachers "divisive, angry and unhealthy" as well. When class sizes are larger and programs are cut, remember the true culprits: the financial institutions and oil companies whose employees and owners still get record bonuses each year -- on average, more than teachers make in a year.

Rich Weeks, Middle Island

I believe that Anne Michaud completely missed the point. School budget talks allow Social Studies teachers to discuss relevant and current issues facing our communities. This issue lends itself to great discussions of limited resources, the role of the citizen in a democracy, economic choices and a whole host of other topics. This is what we call a teachable moment.

We do our students a great disservice when we try to shelter them from what is happening in the news.

Kathleen Stanley, Massapequa Park Editor's note: The writer is a high school Social Studies teacher.

As a teacher in a public high school, I feel that I need to explain why teachers sometimes discuss rules governing teacher layoffs (last in, first out) with their students. A lot of students don't understand the difference between being laid off and being fired. They just assume that when someone is excessed because of budgetary reasons, that person has been fired for cause.

I feel it is important to explain to students how tenure and seniority work. It's bad enough when colleagues are let go. I'm certainly not going to let their reputations be tarnished with misinformation.

The column is right in this sense, that younger children should not be frightened by teachers into thinking Mom and Dad hold the key to a teacher's survival, and children should therefore convince their parents to vote for the budget. It's a cheap ploy.

However, I also think that when students come to school and tell me their parents say I make too much money and have it really easy, that I should be allowed to defend my profession. I don't think it's inappropriate to discuss the realities with older students, some of whom will be able to participate in the upcoming budget votes.

Jeffrey A. Stotsky, Forest Hills