Authorizes the city council in cities with a population of one million or more to prevent a proposed new charter amendment or amendments from being placed on the ballot for submission to electors.
TITLE OF BILL: An act to amend the municipal home rule law, in relation to authorizing the city council in cities with a population of one million or more from preventing a proposed new charter, amendment or amendments from being placed on the ballot for submission to electors
PURPOSE OR GENERAL IDEA OF BILL: To allow the New York City Council, by a two-thirds vote, to block a proposal made by a charter revision commission from being placed on the ballot.
JUSTIFICATION: In the past ten years, mayors have appointed charter revision commissions six times resulting in rapidly proposed changes to the City Charter which were put before the voters. The first of these commissions was put together in 1998 by Mayor Giuliani to propose recommendations related to campaign finance reform. He did so immediately after the City Council planned for a referendum on whether to ban the use of taxpayer funds for a new Yankee Stadium in order to block that from appearing on the ballot.
The mayor again put together a commission in 1999 to propose a change to the order of succession should the mayor's position become vacant. The current Charter provided for the Public Advocate to become Mayor, and Mayor Giuliani wanted to change that to provide for a special election. It was no secret that Giuliani was considering a run for the US Senate seat and wanted his political adversary, Public Advocate Mark Green, from becoming Mayor.
The most recent Commission was appointed by mayor Bloomberg in 2005 to address several subjects. When the City Council Speaker Miller requested another subject be added to the discussion, it was summarily rejected, giving the City Council no say in what proposals were put before the voters.
This bill would give the City Council a voice in what issues were put before the voters.
PRIOR LEGISLATIVE HISTORY: 2010: S.7216A - Held in Cities
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3600 2011-2012 Regular Sessions IN SENATE February 28, 2011 ___________Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the municipal home rule law, in relation to authorizing the city council in cities with a population of one million or more to prevent a proposed new charter, amendment or amendments from being placed on the ballot for submission to electors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 36 of the municipal home rule law is amended by adding a new paragraph (b-1) to read as follows: (B-1) IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WITHIN THREE DAYS OF THE FILING OF A NEW CHARTER, AMENDMENT OR AMENDMENTS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, THE CITY CLERK SHALL NOTIFY THE CITY COUNCIL OF SUCH FILING. WITHIN THIRTY DAYS OF SUCH NOTIFICATION, THE CITY COUNCIL MAY, BY A VOTE OF TWO-THIRDS OF THE MEMBERS OF SUCH COUN- CIL, PREVENT SUCH PROPOSED NEW CHARTER, AMENDMENT OR AMENDMENTS FROM BEING PLACED ON THE BALLOT FOR SUBMISSION THEREOF TO THE ELECTORS OF THE CITY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05439-02-1