Senate Bill S6152

                                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 hear-
ing 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 require-
ments 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 specif-
ically 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 commis-
sioner and agency head appointments will ensure that the proposed
Commissioners, Heads of Departments and Members of Boards and Commis-
sions 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.