BrooklynWorks

Scope and Content Note:

Materials in this collection were generated by, retained by, or relate to the work of the Honorable David G. Trager (1937 – 2011) on New York City's Charter Revision Commissions, Dec. 1986 – Nov. 1988 and Dec. 1988 – Nov. 1989. The original documents are housed in the Brooklyn Law School Archives. The materials posted below are selections from the collection. To view a document description of each item in the collection, review the finding aid posted below.

Biographical Note:

Born in Mount Vernon, New York, Judge David Trager graduated from Columbia University in 1959 and Harvard Law School in 1962. After four years in private practice, he dedicated his life to public service, fulfilling many roles, including law clerk, federal prosecutor, teacher, state investigation commissioner, administrator, and jurist. From 1974 – 1978, he served as United States Attorney for the Eastern District of New York. Afterward, he began a fifteen-year tenure at Brooklyn Law School, first serving as Professor of Law (1978 – 1983) and then as its Dean (1983 – 1993). In 1993, President Bill Clinton appointed him to the United States District Court for the Eastern District of New York. He attained senior status on March 1, 2006. Judge Trager passed away on January 5, 2011 at the age of 73.

Historical Note:

In the 1980s, a number of federal lawsuits over equal representation had consequences for the system of governance used by New York City. Of particular note is the action commenced in 1982 by three registered voters of the Borough of Brooklyn, who sought declaratory and injunctive relief to remedy claimed disproportionate representation of their borough on the Board of Estimate. (Morris v. Bd. of Estimate, 551 F. Supp. 652 (E.D.N.Y. 1982)). In 1986, U.S. District Judge Edward R. Neaher of the Eastern District ruled that the voting structure of the Board of Estimate was unconstitutional. (Morris v. Bd. of Estimate, 647 F. Supp. 1463 (E.D.N.Y. 1986)).

In response to the Eastern District’s 1986 Morris ruling, New York City Mayor Edward I. Koch (1924 – 2013; mayoralty 1978 – 1989) appointed a charter revision commission, led by Richard Ravitch, in December 1986. The first or “Ravitch Commission” was an independent 15-member body with broad authority to study and recommend changes to the structure of the City’s government. Judge Trager was one of the 15 Commission members. On October 8, 1987, the Morris decision was affirmed by the United States Court of Appeals for the Second Circuit, which ordered the implementation of a remedy within one year. (Morris v. Bd. of Estimate, 831 F.2d 384 (2d Cir. 1987)). In April 1988, the United States Supreme Court granted certiorari in the Morris case as the Ravitch Commission was beginning its final deliberations. As a result, the Commission deferred any proposal relating to the methods of election and powers of elected officials until the Supreme Court issued its decision. But the Ravitch Commission proceeded with its other work, presenting its recommendations to the citizens of New York City in the general election held in November 1988. The proposals were overwhelmingly approved and the authority granted to the Ravitch Commission expired.

On January 19, 1989, Mayor Koch appointed Frederick A.O. Schwarz, Jr. as the new chairman of a reconstituted Charter Revision Commission (second or “Schwarz Commission”) and re-appointed all former members who were willing to continue their service, as well as appointing four new members. Judge Trager choose to continue to serve on the Schwarz Commission. On March 22, 1989, the U.S. Supreme Court unanimously affirmed Morris. (Bd. of Estimate of City of New York v. Morris, 489 U.S. 688 (1989)). The voters of New York City approved the Schwarz Commission’s final proposals in the general election held on November 7, 1989. The1989 referendum marked the end of the Charter Revision Commission's mandate. City charter revisions seldom galvanize masses of voters. Usually, they are approved by a ratio of 4 to 1. In 1989, the Schwarz Commission’s proposals were only approved by a majority of 5 to 4. But the approved final proposals of the Schwarz Commission had to survive one final test: Under the Voting Rights Act, the United States Justice Department needed to decide whether the proposed changes in government structure would diminish the voting strength of New York City’s minority residents. On December 13, 1989, the Department of Justice approved the new municipal government structure, which then took effect on January 1, 1990.