BILL NUMBER:  S1493

 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 require 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 11, 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 :

2015-16: S.1094
2014: S.6152

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.