Bill Text: NY A10165 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes the city council in cities with a population of one million or more from preventing a proposed new charter or amendments from being placed on the ballot for submission to electors and promotes representative charter commissions.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2010-03-09 - referred to cities [A10165 Detail]

Download: New_York-2009-A10165-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10165
                                 I N  A S S E M B L Y
                                     March 9, 2010
                                      ___________
       Introduced  by  M.  of  A. BRENNAN, DINOWITZ, WRIGHT, BENEDETTO, JACOBS,
         GIBSON -- Multi-Sponsored by -- M. of A. BOYLAND,  CRESPO,  GOTTFRIED,
         MAISEL,  MILLMAN,  REILLY,  P. RIVERA,  D. Weprin  --  read  once  and
         referred to the Committee on Cities
       AN ACT to amend the municipal home rule law, in relation to  authorizing
         the city council in cities with a population of one million or more to
         prevent  a proposed new charter or amendments from being placed on the
         ballot for submission to electors; and in relation to promoting repre-
         sentative 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:
    1    Section 1. Subdivision 5 of section 36 of the municipal home rule  law
    2  is amended by adding a new paragraph (b-1) to read as follows:
    3    (B-1) IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WITHIN THREE
    4  DAYS  OF THE FILING OF A NEW CHARTER OR AMENDMENTS PURSUANT TO PARAGRAPH
    5  (B) OF THIS SUBDIVISION, THE CITY CLERK SHALL NOTIFY THE CITY COUNCIL OF
    6  SUCH FILING. WITHIN THIRTY DAYS OF SUCH NOTIFICATION, THE  CITY  COUNCIL
    7  MAY,  BY  A  VOTE  OF TWO-THIRDS OF THE MEMBERS OF SUCH COUNCIL, PREVENT
    8  SUCH PROPOSED NEW CHARTER OR AMENDMENTS FROM BEING PLACED ON THE  BALLOT
    9  FOR SUBMISSION THEREOF TO THE ELECTORS OF THE CITY.
   10    S  2. Section 36 of the municipal home rule law is amended by adding a
   11  new subdivision 4-a to read as follows:
   12    4-A. THE PROVISIONS OF THIS SUBDIVISION APPLY TO CITIES OF ONE MILLION
   13  OR MORE INHABITANTS. IN APPOINTING THE MEMBERS OF A COMMISSION  PURSUANT
   14  TO SUBDIVISION FOUR OF THIS SECTION, THE MAYOR SHALL CHOOSE AT LEAST THE
   15  FOLLOWING  MEMBERS NOMINATED BY LOCAL ELECTED OFFICIALS: ONE EACH BY THE
   16  COMPTROLLER, BY THE PUBLIC  ADVOCATE,  AND  BY  THE  BOROUGH  PRESIDENTS
   17  ACTING TOGETHER; AND ONE NOMINATED BY EACH OF THE BOROUGH DELEGATIONS TO
   18  THE  CITY  COUNCIL. IN NOMINATING AND APPOINTING COMMISSION MEMBERS, THE
   19  MAYOR AND LOCAL ELECTED OFFICIALS SHALL  CHOOSE  INDIVIDUALS  FOR  THEIR
   20  INDEPENDENCE,  INTEGRITY,  AND  EXPERIENCE IN CITY GOVERNMENT AND IN THE
   21  SECTORS OF THE CITY AFFECTED BY CITY GOVERNMENT.    NO  MEMBER  OF  SUCH
   22  COMMISSION  MAY BE A CURRENT OFFICER OR EMPLOYEE OF THE CITY OR AN OFFI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16106-04-0
       A. 10165                            2
    1  CER OF A POLITICAL PARTY OR A LOBBYIST REGISTERED WITH THE  CITY  OR  AN
    2  EMPLOYEE  OF  SUCH  LOBBYIST,  NOR MAY MEMBERS MAKE CONTRIBUTIONS TO THE
    3  CAMPAIGNS OF PERSONS HOLDING OR SEEKING PUBLIC OR PARTY ELECTED  OFFICES
    4  OR  POSITIONS  OF  SUCH  CITY DURING THEIR TENURE AS MEMBERS. COMMISSION
    5  MEMBERS AND  STAFF  SHALL  BE  SUBJECT  TO  THE  CONFLICTS  OF  INTEREST
    6  PROVISIONS OF THE CHARTER OR OTHER APPLICABLE LOCAL LAWS OF SUCH A CITY.
    7  IF  SUCH  A COMMISSION IS CREATED PURSUANT TO THIS SUBDIVISION AFTER THE
    8  FIFTEENTH DAY OF MAY OF ANY YEAR, SUCH  COMMISSION  MAY  NOT  PLACE  ANY
    9  PROPOSALS ON THE BALLOT UNTIL THE SUBSEQUENT CALENDAR YEAR FOLLOWING ITS
   10  CREATION,  UNLESS  SUCH  PROPOSALS ARE APPROVED BY THE LOCAL LEGISLATIVE
   11  BODY AT LEAST  NINETY  DAYS  PRIOR  TO  THAT  YEAR'S  GENERAL  ELECTION.
   12  PROPOSALS  FOR  SPECIFIC  CHANGES  TO  THE  CHARTER  RECOMMENDED BY SUCH
   13  COMMISSION SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, BE SEPARATELY IDEN-
   14  TIFIED ON THE BALLOT FOR SEPARATE VOTER CONSIDERATION.
   15    S 3. Subdivision 4 of section 36 of the municipal home  rule  law,  as
   16  amended  by  chapter  592  of  the  laws  of 1964, is amended to read as
   17  follows:
   18    4. A charter commission to draft a new or  revised  city  charter  may
   19  also  be created by the mayor of any city. Such commission shall consist
   20  of not less than nine nor more than fifteen members, EXCEPT  THAT  IN  A
   21  CITY  WITH  A  POPULATION  OF ONE MILLION OR MORE, SUCH COMMISSION SHALL
   22  CONSIST OF NOT LESS THAN NINE NOR MORE THAN SEVENTEEN  MEMBERS,  all  of
   23  whom  shall  be  residents  of the city. Original appointments to such a
   24  commission shall be made by the mayor by a  certificate  of  appointment
   25  which  shall specify the number of, and names of, the members to consti-
   26  tute [the] SUCH commission, which certificate shall be  filed  forthwith
   27  with  the city clerk. The chairman, vice-chairman and secretary shall be
   28  appointed by the mayor from among the members of [the] SUCH  commission.
   29  Any  vacancy  in  the membership of such a commission or of its officers
   30  shall be filled by the mayor.
   31    S 4. Paragraph (d) of subdivision 6 of section  36  of  the  municipal
   32  home rule law, as amended by chapter 592 of the laws of 1964, is amended
   33  to read as follows:
   34    (d)  [No] EXCEPT AS PROVIDED IN SUBDIVISION FOUR-A OF THIS SECTION, NO
   35  person shall be disqualified to serve as a member, employee or  consult-
   36  ant  of  the  commission by reason of holding any other public office or
   37  employment, nor shall he forfeit any such office or employment by reason
   38  of his appointment hereunder,  notwithstanding  the  provisions  of  any
   39  general, special or local law, ordinance or city charter.
   40    S  5.  This  act shall take effect immediately; provided, however that
   41  sections two, three and four of this act shall be deemed to have been in
   42  full force and effect on and after January 1, 2010, and shall  apply  to
   43  any  charter revision commission coming into existence on or after Janu-
   44  ary 1, 2010; provided that any charter revision commission  that  is  in
   45  existence  prior  to January 1, 2010 and which is not in compliance with
   46  the provisions of this act is hereby terminated,  and  no  proposed  new
   47  charter or amendment offered by such commission shall be put to vote nor
   48  take effect.