Authorizes the city council in N.Y. city to prevent a proposed new charter or amendments from being placed on the ballot and promotes representative charter commission

Section 2 amends section 36 of the municipal home rule law by adding subdivision 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 or employee of the City or 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 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. Proposals for changes shall be separately identified on the ballot, to the maximum extent possible.

Section 3 of 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.

Section 4 amends the law to allow for the officers and employees of a city of one million or more to be prohibited from serving on a charter commission.

Justification

In the past ten years, mayors have appointed charter revision commissions six times resulting in rapidly proposed changes to the City Charter which were put before the voters. The first of these commissions was put together in 1998 by Mayor Giuliani to propose recommendations related to campaign finance reform. He did so immediately after the City Council planned for a referendum on whether to ban the use of taxpayer funds for a new Yankee Stadium in order to block that from appearing on the ballot.

The mayor again put together a commission in 1999 to propose a change to the order Of succession should the mayor's position become vacant. The current Charter provided for the Public Advocate.to become Mayor, and Mayor Giuliani wanted to change that to provide fora special election. It was no secret that Giuliani was considering a run for the US Senate seat and wanted his political adversary, Public Advocate Mark Green, from becoming Mayor.

The most recent Commission was appointed by mayor Bloomberg in 2005 to address several subjects. When the City Council Speaker Miller requested another subject be added to the discussion, it was summarily rejected, giving the City Council no say in what proposals were put before the voters.

This bill would give the City Council and other elected officials of City government a voice in what issues were put before the voters. 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 mayor. 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, and to allow for an overwhelming vote of the City Council to block proposals.

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

This is a combination of A.4421b and A10055.

Effective date

Applies to any commission coming into existence as of January 1, 2010 or after that date. It disbands any commission appointed before that date if it was not in compliance with these provisions.