Bill S6152-2013

Requires the advice and consent of the council for certain mayoral appointees

Requires the advice and consent of the NYC council for certain mayoral appointees.

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  • Jan 8, 2014: REFERRED TO CITIES

Memo

BILL NUMBER:S6152

TITLE OF BILL: An act to amend the New York city charter, in relation to requiring the advice and consent of the council for certain mayoral appointees

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to required the advice and consent of the New York City Council for all mayoral appointees after a public hearing.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision a of section 6 of the New York city charter, as amended by local law number 58 of the city of New York for the year 1967, by adding that mayoral appointments of heads of administrations, departments, all commissioners and all other officers not elected by the people shall be subject to the advice and consent of the council after a public hearing. The council must hold a public hearing and act on the nomination within 30 days after the first stated meeting of the council after receipt of the mayoral nomination. If the council fails to act within this time, the nomination is deemed confirmed. Appointments of heads of those units within the executive office of the mayor shall not be subject to the advice and consent of the council.

Section 2 of the bill sets forth an immediate effective date.

JUSTIFICATION:

This proposed amendment to the charter would require the advice and consent of the City Council for all mayoral appointments to commissioner level positions, heads of mayoral agencies and all mayoral appointments to any commission or board where the mayor has the exclusive authority to appoint members or officers of such commission or board.

The advice and consent of the City Council is currently required for certain high level positions, e.g., members of the Taxi and Limousine Commission and the Conflicts of Interest Board, as well as many lower level positions. However, the advice and consent of the City Council is not required for a majority of mayoral appointments to commissioner level positions or those appointed as heads of mayoral administrations, departments, commissions or boards.

This is in direct contrast to both state and federal government requirements for the advice and consent of the legislative branches for high level appointments. Article II, Section 2, paragraph 2 of the United States Constitution states that the president shall nominate "with the Advice and Consent of the Senate ... public Ministers and Consuls ... and all other Officers of the United States". Article V, Section 4 of the New York State Constitution states that, notwithstanding specifically enumerated department head positions listed there, "the heads of

all other departments and the members of all boards and commissions shall be appointed by the governor by and with the advice and consent of the senate".

Requiring the advice and consent of the City Council for mayoral commissioner and agency head appointments will ensure that the proposed Commissioners, Heads of Departments and Members of Boards and Commissions possess the necessary qualifications for their position and are capable of addressing the needs of the city with respect to their particular agency, department, commission or board responsibilities.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6152 IN SENATE (PREFILED) January 8, 2014 ___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the New York city charter, in relation to requiring the advice and consent of the council for certain mayoral appointees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 6 of the New York city charter, as amended by local law number 58 of the city of New York for the year 1967, is amended to read as follows: a. The mayor shall appoint the heads of administrations, departments, all commissioners and all other officers not elected by the people, except as otherwise provided by law PROVIDED, HOWEVER, THAT ALL SUCH APPOINTMENTS, INCLUDING MAYORAL APPOINTMENTS OF MEMBERS OF ALL BOARDS AND COMMISSIONS, SHALL BE SUBJECT TO THE ADVICE AND CONSENT OF THE COUN- CIL AFTER A PUBLIC HEARING. WITHIN THIRTY DAYS AFTER THE FIRST STATED MEETING OF THE COUNCIL AFTER RECEIPT OF A MAYORAL NOMINATION FOR SUCH AN APPOINTMENT, THE COUNCIL SHALL HOLD A HEARING AND ACT UPON SUCH NOMI- NATION. IN THE EVENT THE COUNCIL DOES NOT ACT WITHIN SUCH PERIOD, THE NOMINATION SHALL BE DEEMED TO BE CONFIRMED. NOTWITHSTANDING ANYTHING IN THIS SUBDIVISION TO THE CONTRARY, APPOINTMENTS OF HEADS OF THOSE UNITS WITHIN THE EXECUTIVE OFFICE OF THE MAYOR SHALL NOT BE SUBJECT TO THE ADVICE AND CONSENT OF THE COUNCIL. S 2. This act shall take effect immediately.

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