senate Bill S412

Amended

Provides appointment process for members of a charter revision commission appointed by the mayor of N.Y. city for the submission of proposals

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CITIES
  • 23 / Dec / 2011
    • AMEND AND RECOMMIT TO CITIES
  • 23 / Dec / 2011
    • PRINT NUMBER 412A
  • 04 / Jan / 2012
    • REFERRED TO CITIES

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A1525
Versions:
S412
S412A
Legislative Cycle:
2011-2012
Current Committee:
Senate Cities
Law Section:
Municipal Home Rule Law
Laws Affected:
Amd ยง36, Munic Home R L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S6892B, A4122, A4122C, A5122C
2007-2008: A3071, A2660, A3071

Sponsor Memo

BILL NUMBER:S412

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 Df 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:
None.

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, 2011.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   412

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- 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  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 ANY
PROPOSALS ON THE BALLOT UNTIL THE SUBSEQUENT CALENDAR YEAR FOLLOWING ITS
CREATION, UNLESS SUCH PROPOSALS ARE APPROVED BY  THE  LOCAL  LEGISLATIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00846-01-1

S. 412                              2

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, 2011, and
shall apply to any charter revision commission coming into existence  on
or  after January 1, 2011; provided that any charter revision commission
that is in existence prior to January  1,  2011  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.

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