Per Curiam.
In 1994, pursuant to a judicial determination that the system of "weighted voting" used by the local legislative body ran afoul of the Equal Protection Clause (see Jackson v Nassau County Bd. of Supervisors, 818 F.Supp. 509, 535 [ED NY 1993]), the Nassau County Board of Supervisors passed Local Law No. 11-1994 of the County of Nassau. To complete the court-ordered legislative restructuring, the Nassau County Commission on Government Revision was established and, after conducting public hearings, generated a proposal. The proposal ultimately resulted in the amendment of the County Government Law of Nassau County (hereinafter Nassau County Charter), approved by voter referendum, to establish a County Legislature comprised of 19 single-member districts, taking the place of the existing six-member Board of Supervisors (see Local Law No. 11-1994). The amendments included provisions setting forth the boundaries of the 19 legislative districts and providing procedures for reapportioning those districts based on the results of each decennial United States census. As first proposed by the Commission on Government Revision, section 112 of the Nassau County Charter constituted the core reapportionment provision. The outgoing Board of Supervisors, however, refused to approve the proposal in that form and added sections 113 and 114 to the final version of the Charter.
Section 112 mandates that "[t]he nineteen county legislative districts shall be set forth in the map attached hereto as Annex A, bounded and described in said Annex A" (Nassau County Charter § 112 [1]). In addition, the statute requires that
Section 113 provides for an 11-member bipartisan commission—a "temporary districting advisory commission"—which
Finally, the County Legislature can adopt the advisory commission's proposed plan or any other redistricting plan that comports with constitutional and statutory requirements (see Nassau County Charter § 114). "The County Legislature, shall, no later than eight months before such general election ... prepare and adopt by local law a final plan for the redistricting of the county legislature" (Nassau County Charter § 114).
On May 24, 2011, the County Legislature adopted Local Law No. 3-2011 of the County of Nassau, reapportioning the 19 legislative districts based on the results of the 2010 federal census, and specified new metes and bounds descriptions for each of the legislative districts. Petitioners assert that roughly 44% of the County's population would be moved into new legislative districts as a consequence of the amendment. Respondents maintain that population shifts over the past decade have resulted in substantial deviations among the existing districts that mandate adjustment.
Plaintiffs/petitioners commenced this hybrid declaratory judgment action/CPLR article 78 proceeding on May 10, 2011, seeking a declaration that the implementation of Local Law No. 3-2011 in relation to the November 8, 2011 general election is null and void for lack of compliance with the Nassau County Charter. Supreme Court concluded that petitioners were entitled to partial relief because there was "no basis in the Nassau County Charter itself, the legislative intent, the legislative history, or the established past practice of the Legislature" for
The Appellate Division reversed insofar as appealed from, declaring that the legislative boundaries designated in Local Law No. 3-2011 must be implemented in connection with the 2011 general election and affirmed insofar as cross-appealed from, declaring that the adoption of the local law was in accord with Nassau County Charter § 112 (87 A.D.3d 582 [2011]). The Court found that the County Legislature was required "to formally amend Annex A," not merely to propose new district lines that would not take effect until after the completion of a three-step redistricting process (87 AD3d at 587). The Court determined that the metes and bounds descriptions of the 19 legislative districts stated in Annex A, as amended by Local Law No. 3-2011, were the operative district lines to be used in the 2011 general election and that they would remain in effect until further amendment of Annex A.
Two justices dissented in part. They would have held that Nassau County Charter §§ 112 through 114 required a three-step process and that, although the adoption of Local Law No. 3-2011 was the first step in that process, it did not operate to alter the legislative district boundaries for the 2011 general election. Petitioners appeal to this Court as of right (see CPLR 5601 [a]) and we now reverse.
"When presented with a question of statutory interpretation, our primary consideration `is to ascertain and give effect to the intention of the Legislature'" (Matter of DaimlerChrysler Corp. v Spitzer, 7 N.Y.3d 653, 660 [2006], quoting Riley v County of Broome, 95 N.Y.2d 455, 463 [2000]). The starting point for discerning legislative intent is the language of the statute itself (see Roberts v Tishman Speyer Props., L.P., 13 N.Y.3d 270, 286
Against this background, we consider the provisions at issue. The heart of the dispute between these parties is whether the new metes and bounds descriptions in Local Law No. 3-2011 apply to the 2011 general election or whether they are the first part of a three-step process to take effect in 2013.
The conflicting provisions of sections 112 and 113 can be reconciled only if section 112 is interpreted to provide for new metes and bounds descriptions as the initial step of an integrated process that includes consideration of the recommendations of a temporary commission with public input (see Nassau County Charter § 113), and culminates in the adoption of a redistricting plan "no later than eight months before [the] general election" (Nassau County Charter § 114). Such an integrated interpretation results in an orderly, deliberative process and avoids the prospect of redrawing district lines in two consecutive general elections.
For the reasons stated above, we hold that Supreme Court properly declared that Local Law No. 3-2011 is in accord with Nassau County Charter § 112, but that its implementation is null and void in connection with the November 8, 2011 general election for lack of compliance with Nassau County Charter §§ 113 and 114.
Accordingly, the order of the Appellate Division, insofar as appealed from, should be reversed, without costs, and the order and judgment of Supreme Court reinstated.
Order, insofar as appealed from, reversed, etc.