Judge blocks Rodneyse Bichotte Hermelyn’s BK Dems rules overhaul

Brooklyn Democratic boss Rodneyse Bichotte Hermelyn’s attempt to maintain control of the county Democratic club was blocked in court on Monday. The ruling in Brooklyn Supreme Court found an overhaul of party bylaws passed last month that favored Bichotte Hermelyn’s chances of staying in power was “improper” and said the results of that vote “must be declared a nullity.”

A group of reformist district leaders in the embattled county Democratic club sued to block the Bichotte Hermelyn-orchestrated vote last month, arguing that outgoing members of the party’s executive committee who voted on the rules change shouldn’t have been allowed to do so. State Supreme Court Judge Jill R. Epstein agreed, granting the reformers a permanent injunction that restrains outgoing members of the executive committee from “exercising functions on substantial matters” as a part of the committee.

“It looks like the judge has undergone a painstaking, point-by-point consideration of arguments offered by both sides and has determined that we are correct as to the voting authority of the members of the state committee,” said Howard Graubard, a lawyer for the reformers, and a longtime Brooklyn politics insider.

The decision, which is likely to be appealed, has broad ramifications for the future of the Brooklyn Democratic Party. One of the major changes to party rules outgoing district leaders voted on last month was to add dozens of new voting members to the executive committee, which selects the party’s chair. The move likely  would have guaranteed that Bichotte Hermelyn and her allies could outvote the reformist district leaders’ newfound majority, allowing her to keep her seat. The reform group, which won a majority of state committee seats in the June election, had informally decided in July that they’d elect Julio Peña III as the party’s next chair. 

Mark Hanna, another lawyer for reformers and a district leader, argued that the ruling was a win for democracy. While he acknowledged that Epstein’s ruling centered on the idea that outgoing committee members no longer had the right to vote on things that would dictate the party’s future, he believes it also reinforced major Democrats’ condemnation of Bichotte Hermelyn’s actions as undemocratic. “We want elections to mean something,” Hanna said. Epstein was only recently sworn in as a State Supreme Court judge, elevated by the Brooklyn Democratic Party. The nomination of judges is one of the powers the county party possesses. While overseeing the hearing between reformers and party establishment in New York State Supreme Court last week, Epstein wryly acknowledged that she knew both parties well. “I never have to run for re-election” she said, drawing a chorus of laughter from the courtroom. 

Bichotte Hermelyn did not immediately respond to a request for comment.

Tony Melone, president of the New Kings Democrats, said he hopes the party will let the judge’s ruling stand. The progressive group organized the coalition of reformist district leaders backing Peña  as the party’s next chair. A vote for leader is expected before Oct. 6.

“Nobody wants our Democratic party to be leaderless as we get closer to the November election. We all want this to be resolved and the court has made a very clear ruling,” Melone said. “It’s just time for the party chair to take a step back and then we can work together.” 

Like Hanna, Peña described the ruling as a “victory for democracy.”

“This conflict has always been over whether or not we respect the will of the voters,” he said in a statement.

This is a developing story.