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NYCity Council?s First Haitian Member; An Emerging Political Force

Click image for larger version Name: 2007_02_mathieueugene.jpg Views: 173 Size: 19.3 KB ID: 7389 Description: Haitian-Born NYC Councilmember: Dr Mathieu Eugene
Haitian-Born NYC Councilmember: Dr Mathieu Eugene
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Published by bana2166- 02-26-07
news NYCity Council?s First Haitian Member; An Emerging Political Force

NYCity Council?s First Haitian Member; An Emerging Political Force
26 Feb 2007
Waving signs and denouncing then Mayor Rudolph Giuliani, thousands of Haitians shut down the Brooklyn Bridge as they marched to City Hall in August 1997. Some carried Haitian flags as they expressed outrage at the police torture of one of their own: Abner Louima.
That "Day of Outrage Against Police Brutality and Harassment" represented a rallying cry for some members of New York?s emerging Haitian community. Now almost 10 years later many Haitians in Brooklyn united once again, this time for a different cause: the election of the first Haitian-born member of the City Council. Mathieu Eugene, a physician who runs a youth group, captured 34 percent of the vote to fill the seat previously held by U.S. Representative Yvette Clarke on the New York City Council, beating out nine other contenders to represent the 40th district.
Winning elected office has been a right of passage for ethnic groups in New York City, dating back to the days when the Irish achieved political power. In recent years, City Council has seen the election of its first Jamaican and its first Chinese member. And other groups want in on the action as well. Sikhs have become increasingly involved in Queens politics, winning election to the borough?s Democratic committee, and one of Eugene?s rivals in the 40th district was a Pakistani who, had he won, would have been that group?s first City Council member.
For members of emerging immigrants groups, winning office is a sign that they have become accepted, gives them some degree of power and provides a source of pride. But while there has been celebration in Flatbush, Eugene has not yet assumed his council seat. The swearing in ceremony for him and the other new council member elected on February 20, Vincent Ignizio of Staten Island, has been delayed indefinitely because of charge that Eugene was not a resident of the 40th District on election day, as some experts believe the law requires. Mathieu has reportedly moved into the district, but some argue the change of residence came too late. ?What happens if Eugene is disqualified?? mused on the Room Eight blog. ?Do they swear in the second place finisher [Jennifer James] or do they have another election??
Errol Louis, who broke the story of Eugene?s residency, thinks neither is likely to happen. ?Officials I contacted at the Board of Elections and the council itself seem more than ready to do the easy thing, which is look the other way and welcome Eugene to the council,? Louis wrote.
When and if that happens, Haitians in New York hope he will represent their concerns in City Council and perhaps pave the way for more political involvement by other Haitians in New York.
AN EMERGING POLITICAL FORCE
Haitians have been coming to New York at least since the 1930s but the number of arrivals sharply increased during and after the 1960s. According to 2000 census figures about 420,000 people born in Haiti live in the United States, with about 125,000 of them in New York State. Other estimates put the number of Haitian immigrants and the children of Haitian immigrants in the city at about 250,000. Many of them live in the Flatbush and East Flatbush sections of Brooklyn, parts of which are in the 40th district. While New York state has the nation?s second largest Haitian population after Florida, Haitians here have not been as successful as those in Florida and Massachusetts in getting Haitians elected to public office.
Many politically active Haitian have focused more on the political turmoil in their country of origin than on city politics even though ?there are lots of issues Haitians need to deal with,? said Jocelyn McCalla, former executive director of the National Coalition for Haitian Rights. The language barrier also impedes political involvement.
But they have shown some clout. In 1990, 50,000 Haitians in New York demonstrated against a federal government policy that banned all Haitians from giving blood. The Food and Drug Administration said that because AIDS was prevalent in Haiti, the blood could be infected with the HIV, the virus that causes AIDS. Following the protest, the government reversed the ban.
Often when Haitians did get involved in local politics, it was because of tragedy. The Louima beating was key, Gary Pierre-Pierre, editor of the Haitian Times has said. ?They were able to mobilize around this case unlike any other group has been able to do,? he told reporter Marjorie Valbrun. But three years later another Haitian New Yorker, Patrick Dorismond, was killed by police who erroneously suspected him of dealing drugs. Outrage mounted as Mayor Rudolph Giuliani defended the police and cast aspersions on Dorismond, whose father is a well-known Haitian singer.
Ironically these events may have led to a great acceptance of Haitians in New York, said Regine LaTortue, a Haitian native and professor at Brooklyn College ?Some of the tragic events of the past have demonstrated New Yorkers were concerned about people no matter where they came from,? she said.
But efforts to translate those concern into political clout faltered, often because of divisions within the community.
THE 2007 CAMPAIGN
The 40th district has been likened to a kind mini Caribbean with many residents having ties to nations in the West Indies and Central America. The candidates seeking the council seat this year reflected that. Along with Eugene and Mohammed Razvi, the Pakistani, were candidates from St. Vincent, Jamaica, Trinidad, Costa Rica and Panama.
Faced with such a crowded field, some Haitian residents decided their community would be best served if they could rally around a single candidate. Originally, many endorsed Ferdinand Zizi, a health care administrator. But Zizi withdrew from the race after his nominating petitions were challenged, leaving Eugene, who attended medical school in Belgium and moved to New York in 1978.
?You should see Haitians getting together more and more,? Raymond Joseph, the Haitian ambassador to the U.S., told the Sun. ?They will find out when they get together they can have victory.?
Eugene?s support extended beyond Haitian voters. He won endorsements from the politically powerful Clarkes ? Una, the first Jamaican to serve on the City Council and her daughter Yvette, the congresswoman ? and from the politically powerful Local 1199 of the Service Employees Union as well as from two Jewish newspapers. Many Haitians voted for Yvette Clarke last year in her successful run for Congress, said McCalla, perhaps prompting her and her mother to back a Haitian candidate this time around.
?Dr. Eugene managed to appeal to a broad cross section of the community,? McCalla said. And Eugene was well known for his work in the neighborhood, particularly in the area of health care, according to LaTortue.
But the Haitian support, including the backing of musician Wyclef Jean, who spoke at a campaign party the Saturday before the election, was key.
?I?m proud to be Haitian,? Eugene said last month, ?but I?m a strong voice for all the community.?
EUGENE?S IMPACT
Eugene?s victory may give Haitians, whose experience in their homeland provides ample reason for being leery of politics, greater faith in democracy. LaTortue said she still feels pleased when she witnesses how gracefully most failed U.S. political candidates accept defeat. ?After seeing that a couple of times, you think perhaps the system will work and that votes will be fairly counted,? she said. ?It takes a while to gain trust.?
Beyond being an inspiration, McCalla hopes Eugene will address some issues of concern in the community, particularly in education where the school system ?is not flexible enough to respond to immigrants who, through no fault of their own? may be academically behind. LaTortue would like to see Eugene work to improve relations with the police department.
During his campaign, Eugene said he would focus on health care, education and jobs as well as issues of concern to immigrants. He stressed his experience providing health services and help to young people in the community. If he was elected to council, Eugene said, he would "continue to do the same thing but I will have more resources and the power to legislate.?
But if and when he takes his seat, McCalla said, Eugene will not be able to rest on his laurels. He will have to face the voters of the 40th district again in November. As McCalla put it, Eugene ?is going to have to quickly learn the ropes at City Council.?
  #1  
By bana2166 on 02-26-07, 09:48 AM
news "Haitian Sensation" Councilman Eugene Needs a Home!

February 22, 2007
"Haitian Sensation" Councilman Eugene Needs a Home!
2007_02_mathieueugene.jpgJust after the victory of Mathieu Eugene?s 10-candidate run for Brooklyn?s 40th Council District on Tuesday, questions regarding his residency in the Flatbush district have now put his official claim to the seat on hold. Elected candidates must reside in the electing district during the time of the election, but not necessarily during the time of filing for nomination. There?s the rub. So today at City Hall, the expectations and celebrations of a political newcomer were met with a big halt as Dr. Eugene announced that he will not be sworn in until he has established residency.
Errol Louis of the Daily News points out that Mr. Eugene?s Canarsie address miles outside of the 40th District during the campaign still might be a problem. According to the ruling of Clarks vs McCoy over a similar case, the elected candidates do not have to be a resident during the time of filing for nomination. Louis responds, ?That seems clear enough - but it means that, unless he went apartment hunting on Election Day, Eugene wasn't a resident when voters put him in.?
In response, Eugene?s attorney claims, ?Eugene had at least 10 days to get settled in the district, since that's how long it takes for the Board of Elections to certify vote results.? The Politicker's Azi Paybarah notes the irony in the situation as Eugene's big supporter Yvette Clarke considered then-opponent David Yassky a "racial carpetbagger" for moving to the district before election. (Clarke ended up winning the Congressional election.)
And when was the last time anyone found a new apartment in 10 ten days? It will have to be a quick and dirty job. Brooklynites, just keep a look out for that strange looking apartment ad: Professional male, mid-50?s, Haitian Doctor/Councilmember, Non-smoker, loves helping the community, seeking quiet Crown Heights or Flatbush location.
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  #2  
By bana2166 on 02-26-07, 09:50 AM
Dr Mathieu Eugene election to the NYCity Council is in question because he does not leave or reside in the district that the was elected ..
You must reside or leave in the district that you represent and Dr Mathieu Eugene does not ..
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  #3  
By bana2166 on 02-26-07, 09:56 AM
news Is this pol home free? Dr Mathieu Eugene

Is this pol home free? Dr Mathieu Eugene
Source NYDailyNews
Thursday, February 22nd, 2007
I really hated to ruin Mathieu Eugene's postvictory glow. But I just had to call yesterday to inquire when he planned to move into the City Council district voters elected him to represent in Tuesday's special election.
The question needed to be asked, thanks to a series of ill-advised court rulings in recent years about where candidates may or may not live.
The problem will keep coming up until the state Legislature passes a clear, straightforward political residency law that cures the confusion created by the courts.
There's no question that Eugene, the first Haitian-born candidate elected to the Council, was living in Canarsie - miles south of the 40th Council District in Flatbush - during his campaign for the office.
But listen to how the state's second-highest court, the Appellate Division, resolved a similar case in 1993 called Clark vs. McCoy, a fight over whether a candidate running for City Council in Queens was required under the Public Officers Law to live in the district at the time she submitted nominating petitions.
"There is no requirement that a candidate be a resident of the district at the time of the filing of the petition," the court ruled. "The only requirement is that the candidate be a resident at the time of the election."
That seems clear enough - but it means that, unless he went apartment hunting on Election Day, Eugene wasn't a resident when voters put him in. And at least one election lawyer with no stake in the race has suggested to me that Eugene might not be eligible to serve in the Council because he didn't meet the legal requirement.
Steve Richman, the general counsel for the city Board of Elections, ducked my question on the subject, saying through a spokeswoman that issues of residency get handled by the City Council. City Council staffers said nobody had raised the issue and promised to look into it - but never got back to me.
Eugene himself told me he's scheduled to be sworn in at City Hall today at 2 p.m. and declined to talk about his residency plans. His attorney Paul Wooten said Eugene had at least 10 days to get settled in the district, since that's how long it takes for the Board of Elections to certify vote results.
There's plenty of cause for concern, but the warm celebratory mood surrounding the political coming of age of a new ethnic group will probably enable Eugene to gloss over any hard questions about the validity of his election.
State Sen. Ruben Diaz Jr. of the Bronx got a similar wink-and-nod from courts and prosecutors in 2004, when he acknowledged to the Daily News that he didn't actually live in his district. The Board of Elections let Diaz run for reelection despite the violation, and a lawsuit against him was tossed out of federal court and referred to state officials, who quietly let it drop.
But insurgent pols lacking political protection have been raked over the coals over residency issues. In 2003, the state's highest judicial body, the Court of Appeals, invalidated the candidacy of Tony Eisenberg, a City Council insurgent running against incumbent Domenic Recchia, ruling that Eisenberg - who owned two homes and slept five nights a week at a building in the Council district that he'd owned and voted from for 18 years - didn't live in the district.
Another Brooklyn gadfly, lawyer John O'Hara, was criminally prosecuted, convicted and disbarred for using his girlfriend's house as an address in order to run for office.
It's long past time the Legislature ended this double standard by passing a cleaned-up law with specific instructions designating a lead agency to investigate and prosecute residency violations. That way, nobody will have to wonder whether candidates like Eugene won fair and square.
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  #4  
By bana2166 on 02-26-07, 10:09 PM
news Residency Rules

Residency Rules
February 25th, 2007
Murky rules have complicated the case of Mathieu Eugene, the newly elected City Council member from Brooklyn?s 40th District, who apparently did not live in that district on election day. Everyone to agree that council members have to live in the districts they represent; what remains unclear is when they have to move into that district.
The New York Times said election law experts are divided over whether Eugene satisfied the requirements by moving into the district since election day, February 20. His lawyer, Paul Wooten, said Eugene does not have to reside in the district until the election results are final, which could take another week or so. Lawrence Mandelker, a former chairman of the New York City Bar Association?s election law committee, agreed: ?The Public Officers Law says a person has to be a resident of the district at the time he is chosen?.If he moves into the district before the certification, he can argue he satisfied the law.?
But in an editorial the Daily News dismisses such arguments, saying ?Eugene is now embarked on creative homesteading?.By our lights, the answer is obvious: The time of the election was when voters voted and the polls opened and closed. If Eugene had not moved into the 40th district by that day?he shouldn?t be sworn in.?
In a comment on the Room Eight blog, rwallnerny agrees that Eugene?s machinations ?showed a lack of integrity on his part.? But the real problem is the rules themselves, which the blogger continues, ?need to be changed?.A prospective candidate should in the future be required to be a resident of the district in which he proposes to run by the time he files the paperwork for intent to petition.?
But an Anonymous commentator questions the wisdom of adding more rules to New York?s already Byzantine system for filing to run for office. ?Some of the same guys complaining the loudest about this spent half of last summer attacking candidates for bringing residency challenges against their opponents,? the blogger writes.
Eugene?s political future now rests with Attorney General Andrew Cuomo, who must try to unravel the mess.
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  #5  
By bana2166 on 02-26-07, 10:11 PM
news NY1 Exclusive: Mathieu Eugene Shows Off His New 40th District Apartment

NY1 Exclusive: Mathieu Eugene Shows Off His New 40th District Apartment
2/25/2007
Less than a week after making history by becoming the first Haitian-born person elected to the City Council, Mathieu Eugene faces questions over his residency; questions that could lead to another election. NY1's Michael Scotto filed the following exclusive report.
Newly elected City Councilman Mathieu Eugene says he moved into his new apartment in the 40th district before the election, signing the lease on February 1st.
NY1 was unable to see the document, but Eugene insists he and his family are currently living in the apartment. He says he can't recall the exact day they moved in, but he remembers that it was before voters went to the polls to elect him.
"I've been sleeping in my apartment before the day of the election," says Eugene.
Last week questions erupted over whether Eugene could serve, after his lawyer asked the City Council to cancel Eugene's swearing-in ceremony, shortly after his victory. At the time, his spokesman said Eugene still hadn't completely moved in.
According to election law, a person must be a resident of the district at the time he is chosen. It's unclear if that means election day or the time when the ballots are certified, which has not happened yet. But Eugene says the residency issue was not the reason he decided to postpone taking office.
"Before a candidate can be sworn in, the vote has to be certified by the Board of Elections," says Eugene.
Eugene spoke to NY1 with the woman he'd replace, his chief supporter, Congresswoman Yvette Clarke, at his side.
"The emphasis on this issue right now is a distraction," she says.
They suspect that some are out to hurt Eugene.
"I think because I won, because I won," says Eugene. "I don't know who [raised it]."
Eugene is still out greeting voters. He says during the campaign he made no secret of that fact that he lived a few miles outside the district. His petitions to board of election clearly state his Canarsie address, a home he moved to after living in the 40th district for 20 years.
Eugene says he remained active in this district during the time he wasn't living here, running a health organization he established.
Right now, he's focused on his political problems. Questions over his residency could lead to a do-over election, one that he could take part in.
"I don't think they can take away this victory from the people," says Eugene. "This is not only my victory. This is the victory of the people in the 40th district."
But for now, that victory appears uncertain.
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