Assembly Bill A4122

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2010	print number 4122c
May 17, 2010	amend and recommit to ways and means
Mar 16, 2010	reported referred to ways and means
Feb 25, 2010	print number 4122b
Feb 25, 2010	amend and recommit to cities
Jan 06, 2010	referred to cities
Jun 16, 2009	ordered to third reading rules cal.334 rules report cal.334 reported
Jun 02, 2009	reported referred to rules
May 27, 2009	print number 4122a
May 27, 2009	amend and recommit to cities
Jan 30, 2009	referred to cities

Bill Amendments

Original

C (Active)

2009-A4122 - Details

Current Committee:: Assembly Ways And Means
Laws Affected:: Amd §36, Munic Home R L

2009-A4122 - 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.

2009-A4122 - Bill Text download pdf

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

                                  4122

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  DINOWITZ, MILLMAN, WRIGHT, GREENE,
  MAISEL -- Multi-Sponsored by -- M. of A. GOTTFRIED,  LANCMAN  --  read
  once and referred 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 AN OFFICER OF A POLITICAL PARTY OR A  LOBBYIST  REGIS-
TERED  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,  THE
COMMISSION  MAY  NOT  PLACE ANY PROPOSALS ON THE BALLOT UNTIL THE SUBSE-
QUENT CALENDAR YEAR FOLLOWING ITS CREATION, UNLESS  SUCH  PROPOSALS  ARE
APPROVED  BY  THE  LOCAL  LEGISLATIVE BODY AT LEAST NINETY DAYS PRIOR TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05037-01-9

A. 4122                             2

THAT YEAR'S GENERAL ELECTION.   PROPOSALS FOR SPECIFIC  CHANGES  TO  THE
CHARTER  RECOMMENDED  BY  SUCH  COMMISSION  SHALL, TO THE MAXIMUM EXTENT
PRACTICABLE, BE SEPARATELY IDENTIFIED ON THE BALLOT FOR  SEPARATE  VOTER
CONSIDERATION.
  S  2.  This  act  shall take effect immediately and shall apply to any
charter revision commission coming into existence on or after its effec-
tive date; provided that any charter  revision  commission  that  is  in
existence  prior  to  the effective date of this act 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.

2009-A4122A - Details

Current Committee:: Assembly Ways And Means
Laws Affected:: Amd §36, Munic Home R L

2009-A4122A - Summary

2009-A4122A - Bill Text download pdf

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

                                 4122--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M.  of  A. BRENNAN, DINOWITZ, MILLMAN, WRIGHT, MAISEL --
  Multi-Sponsored by -- M. of A. GOTTFRIED, LANCMAN  --  read  once  and
  referred  to  the  Committee  on  Cities -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 AN OFFICER OF A POLITICAL PARTY OR A  LOBBYIST  REGIS-
TERED  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  MAY  OF  ANY  YEAR,  SUCH
COMMISSION  MAY  NOT  PLACE ANY PROPOSALS ON THE BALLOT UNTIL THE SUBSE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05037-02-9

A. 4122--A                          2

QUENT 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 IDENTIFIED 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 THAT 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.  This  act  shall take effect immediately and shall apply to any
charter revision commission coming into existence on or after its effec-
tive date; provided that any charter  revision  commission  that  is  in
existence  prior  to  the effective date of this act 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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A4122B - Details

Current Committee:: Assembly Ways And Means
Laws Affected:: Amd §36, Munic Home R L

2009-A4122B - Summary

2009-A4122B - Sponsor Memo

                                BILL NUMBER:A4122B

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 advo-
cate, the borough presidents acting together, and one nominated by each
of the borough delegations to the city council. No member of the commis-
sion may be an officer or employee of the City or an officer of a poli-
tical 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 May 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.

The bill amends 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.

JUSTIFICATION: The city charter is the most vital document a city main-
tains. 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.

PRIOR LEGISLATIVE HISTORY:
Similar bills: A.8828 (2003): Passed Assembly
A.8828 (2004): Ordered to 3rd Reading
A.1084 (2005) On third reading
A.10234 (2006): On third reading
A3071 of; 2007-08 - advanced to third reading

FISCAL IMPLICATIONS: TO THE STATE: None.

EFFECTIVE  DATE:  This  act shall take effect immediately and applies to
any commission appointed on or after January 1, 2010.

2009-A4122B - Bill Text download pdf

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

                                 4122--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M.  of  A. BRENNAN, DINOWITZ, MILLMAN, WRIGHT, MAISEL --
  Multi-Sponsored by -- M. of A. GOTTFRIED, LANCMAN  --  read  once  and
  referred  to  the  Committee  on  Cities -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  recommitted  to  the  Committee  on Cities in accordance with
  Assembly Rule 3, sec. 2 -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05037-07-0

A. 4122--B                          2

IF  SUCH  A COMMISSION IS CREATED PURSUANT TO THIS SUBDIVISION AFTER THE
FIFTEENTH DAY OF MAY 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
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,  2010,  and
shall  apply to any charter revision commission coming into existence on
or after January 1, 2010; provided that any charter revision  commission
that  is  in  existence  prior  to  January  1, 2010 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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2009-A4122C (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Laws Affected:: Amd §36, Munic Home R L

2009-A4122C (ACTIVE) - Summary

2009-A4122C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A4122C

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 advo-
cate, the borough presidents acting together, and one nominated by  each
of the borough delegations to the city council. No member of the commis-
sion  may be an officer or employee of the City or an officer of a poli-
tical 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.

The  bill  amends 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.

JUSTIFICATION: The city charter is the most vital document a city  main-
tains.  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.

PRIOR LEGISLATIVE HISTORY:
Similar bills: A.8626  (2003): Passed Assembly
A.8826 (2004): Ordered to 3rd Reading
A.1084 (2005) On third reading
A.10234 (2006): On third reading
A3071 of 2007-08 - advanced to third reading

FISCAL IMPLICATIONS: TO THE STATE: None.

EFFECTIVE  DATE:  This  act shall take effect immediately and applies to
any commission appointed on or after January 1, 2010.

2009-A4122C (ACTIVE) - Bill Text download pdf

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

                                 4122--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  DINOWITZ, MILLMAN, WRIGHT, MAISEL,
  ROSENTHAL -- Multi-Sponsored by -- M. of A. GOTTFRIED, LANCMAN -- read
  once and referred to the Committee on Cities -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to the Committee on Cities in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee on Ways and Means --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05037-09-0

A. 4122--C                          2

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
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, 2010, and
shall apply to any charter revision commission coming into existence  on
or  after January 1, 2010; provided that any charter revision commission
that is in existence prior to January  1,  2010  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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Assembly Bill A4122

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Archive: Last Bill Status - In Assembly Committee

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