Provides for recall; empowers the electors with the ability to remove elective officers

BILL NUMBER:S329

Title of bill

REVISED 12/10/12

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition of a new article 20 to the constitution, in relation to providing for recall

Purpose or general idea of bill

This constitutional amendment will give voters the ability to recall local and statewide elected officers, state senators, assembly members, supreme court judges and trial court judges.

Summary of provisions

Section 1 of the bill adds a new article 20 to the constitution to provide for recall of statewide officers, senators, members of the assembly and judges of the supreme and trial courts.

Section 2 is the "Resolved" clause referring the amendment to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

Justification

Unlike 18 other states in the nation, there is no recall system for voters in New York State to remove an elected official. The power to remove an elected official rests solely with the Governor.

There is no provision of New York State law that would authorize a city or local government recall. An elected official is automatically expelled from office when they are convicted of a felony and may be removed if they are convicted of a crime "involving a violation of his oath of office." NY Pub. Off Law §30 (McKinney 2010). However, it appears that the state Constitution bars the removal of members of the judiciary and legislators for "misconduct", N.Y. Const Art XlII, §5. In addition, like the New York City Charter City Charter, New York State law also permits the governor to "remove" a public official including the chief executive officer of any city under certain circumstances after giving to such officer a copy of the charges against him and providing an opportunity to be heard in his defense.. NY. Canst. Art. V. §4; Art XIII .13; NY Pub Off Law ..32;33 (McKinney 2010). In 2010, the White Plains City Council passed a resolution of no confidence calling on the former Mayor Adam Bradley to resign. In that instance the Governor could have stepped in to remove the mayor under New York State law. Additionally, the White Plains City Charter provided great authority for the Council allowing that the Council may "punish or expel a member for disorderly conduct" and the Law Department was looking into whether this could legally allow the Council to vote to expel the Mayor. White Plains City Charter Sect 30. No similar provision exists in the New York City Charter or Administrative Code and the Charter does specifically

address removal of the mayor in Chapter 1, see, 9 vesting the power with the Governor.

Therefore, the Governor is the only entity with the power to remove an elected official and a constitutional amendment is necessary to make any change to provide for recall.

Prior legislative history

2011-12: S.5190

Fiscal implications for state and local governments

To be determined.

Effective date

Upon passage of the Concurrent Resolution the amendment is referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.