Provides an appointment process for members of a charter revision commission appointed by the mayor of a city of one million or more inhabitants; establishes qualifications for such members and prohibits certain political contributions by them during their tenure; provides for the manner of submission of certain proposals.
TITLE OF BILL: An act to amend the municipal home rule law, in relation to promoting representative charter revision commissions in cities of one million or more
PURPOSE OR GENERAL IDEA OF BILL: To ensure charter revision committees are representative of the city and are appointed with adequate time to make proposals to be placed on the ballot.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 36 of the municipal home rule law by adding section 4-a. This section would require the mayor to choose the charter revision commission from at least the nominations of the following: the comptroller, public advocate, the borough presidents acting together, and one nominated by each of the borough delegations to the city council. No member of the commission may be an officer Of a political party, a registered lobbyist or employee of a registered lobbyist. commission members may not make contributions to campaigns of people seeking or holding city office. The commission members will be subject to the conflict of interest provisions in the charter.
If charter revision commission is created after February 15th, the commission may not submit proposals until the following calendar year without city council approval at least 90 days prior to the year's general election.
Section 2 of the bill subdivision 4 of section 36 of the municipal home rule law such that in a city of one million or more the charter commission shall consist of not less than 9 members nor more than seventeen members.
Section 3 is the enacting clause with provisions that any charter revision commission in existence, which is not in compliance with this subdivision, is hereby terminated.
JUSTIFICATION: The city charter is the most vital document a city maintains. Over the last several years, there have been many attempts to form charter revision commissions in short periods of time in order to push through the objectives of the appointing authority. Since the city charter is the document of all the people of a city, it is important any commission formed is representative of the city. The best way to create a representative body is from nominees of the city's elected officials.
City charter commissions need time to deliberate before submitting proposals and there needs to be adequate time for public consumption of the proposals. By creating a deadline for a charter commission to be formed there is adequate time provided for both deliberation and public consumption.
FISCAL IMPLICATIONS TO THE STATE:
EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to be have been in full force and effect on and after January 1, 2012.
STATE OF NEW YORK ________________________________________________________________________ 412--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the municipal home rule law, in relation to promoting representative charter revision commissions in cities of one million or more THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 36 of the municipal home rule law is amended by adding a new subdivision 4-a to read as follows: 4-A. THE PROVISIONS OF THIS SUBDIVISION APPLY TO CITIES OF ONE MILLION OR MORE INHABITANTS. IN APPOINTING THE MEMBERS OF A COMMISSION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, THE MAYOR SHALL CHOOSE AT LEAST THE FOLLOWING MEMBERS NOMINATED BY LOCAL ELECTED OFFICIALS: ONE EACH BY THE COMPTROLLER, BY THE PUBLIC ADVOCATE, AND BY THE BOROUGH PRESIDENTS ACTING TOGETHER; AND ONE NOMINATED BY EACH OF THE BOROUGH DELEGATIONS TO THE CITY COUNCIL. IN NOMINATING AND APPOINTING COMMISSION MEMBERS, THE MAYOR AND LOCAL ELECTED OFFICIALS SHALL CHOOSE INDIVIDUALS FOR THEIR INDEPENDENCE, INTEGRITY, AND EXPERIENCE IN CITY GOVERNMENT AND IN THE SECTORS OF THE CITY AFFECTED BY CITY GOVERNMENT. NO MEMBER OF SUCH COMMISSION MAY BE A CURRENT OFFICER OR EMPLOYEE OF THE CITY OR AN OFFI- CER OF A POLITICAL PARTY OR A LOBBYIST REGISTERED WITH THE CITY OR AN EMPLOYEE OF SUCH LOBBYIST, NOR MAY MEMBERS MAKE CONTRIBUTIONS TO THE CAMPAIGNS OF PERSONS HOLDING OR SEEKING PUBLIC OR PARTY ELECTED OFFICES OR POSITIONS OF SUCH CITY DURING THEIR TENURE AS MEMBERS. COMMISSION MEMBERS AND STAFF SHALL BE SUBJECT TO THE CONFLICTS OF INTEREST PROVISIONS OF THE CHARTER OR OTHER APPLICABLE LOCAL LAWS OF SUCH A CITY. IF SUCH A COMMISSION IS CREATED PURSUANT TO THIS SUBDIVISION AFTER THE FIFTEENTH DAY OF FEBRUARY OF ANY YEAR, SUCH COMMISSION MAY NOT PLACE ANYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00846-02-1 S. 412--A 2
PROPOSALS ON THE BALLOT UNTIL THE SUBSEQUENT CALENDAR YEAR FOLLOWING ITS CREATION, UNLESS SUCH PROPOSALS ARE APPROVED BY THE LOCAL LEGISLATIVE BODY AT LEAST NINETY DAYS PRIOR TO THAT YEAR'S GENERAL ELECTION. PROPOSALS FOR SPECIFIC CHANGES TO THE CHARTER RECOMMENDED BY SUCH COMMISSION SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, BE SEPARATELY IDEN- TIFIED ON THE BALLOT FOR SEPARATE VOTER CONSIDERATION. S 2. Subdivision 4 of section 36 of the municipal home rule law, as amended by chapter 592 of the laws of 1964, is amended to read as follows: 4. A charter commission to draft a new or revised city charter may also be created by the mayor of any city. Such commission shall consist of not less than nine nor more than fifteen members, EXCEPT THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, SUCH COMMISSION SHALL CONSIST OF NOT LESS THAN NINE NOR MORE THAN SEVENTEEN MEMBERS, all of whom shall be residents of the city. Original appointments to such a commission shall be made by the mayor by a certificate of appointment which shall specify the number of, and names of, the members to consti- tute
[the]SUCH commission, which certificate shall be filed forthwith with the city clerk. The chairman, vice-chairman and secretary shall be appointed by the mayor from among the members of [the]SUCH commission. Any vacancy in the membership of such a commission or of its officers shall be filled by the mayor. S 3. Paragraph (d) of subdivision 6 of section 36 of the municipal home rule law, as amended by chapter 592 of the laws of 1964, is amended to read as follows: (d) [No]EXCEPT AS PROVIDED IN SUBDIVISION FOUR-A OF THIS SECTION, NO person shall be disqualified to serve as a member, employee or consult- ant of the commission by reason of holding any other public office or employment, nor shall he forfeit any such office or employment by reason of his appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance or city charter. S 4. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after January 1, 2012, and shall apply to any charter revision commission coming into existence on or after January 1, 2012; provided that any charter revision commission that is in existence prior to January 1, 2012 and which is not in compliance with the provisions of this act is hereby terminated, and no proposed new charter or amendment offered by such commission shall be put to vote nor take effect.