senate Bill S412A

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:
A1525A
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:S412A

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:


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, 2012.

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

                                 412--A

                       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  --  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 ANY

 EXPLANATION--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.

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