What's happening
This bill requires New York City Council approval for most mayoral appointments, excluding executive office positions, after a public hearing.
Why it matters
Shifts more power to the City Council. By requiring council approval for most mayoral appointments, this bill increases the council’s influence over who fills key city government positions, potentially making the process more democratic and transparent.
Adds public oversight and accountability. The mandatory public hearings for appointees mean that nominees will face scrutiny not just from elected officials but also from the public, increasing accountability and providing an opportunity for concerns to be addressed before appointments are finalized.
Limits unilateral mayoral power. The mayor will no longer have sole authority to appoint most department heads and board members, which could lead to more negotiation and compromise between the executive and legislative branches of city government.
Excludes mayor’s closest advisors. By exempting executive office appointments (like the mayor’s chief of staff or other inner circle positions), the bill recognizes the need for the mayor to select top personal advisors without outside interference, aiming for a balance between oversight and executive function.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Council Approves Mayor Appointments
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1493
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the New York city charter, in relation to requiring the advice and consent of the council for certain mayoral appointees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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, is amended to read as follows:
a. The mayor shall appoint the heads of administrations, departments, all commissioners and all other officers not elected by the people, except as otherwise provided by law provided, however, that all such appointments, including mayoral appointments of members of all boards and commissions, shall be subject to the advice and consent of the council after a public hearing. Within thirty days after the first stated meeting of the council after receipt of a mayoral nomination for such an appointment, the council shall hold a hearing and act upon such nomination. In the event the council does not act within such period, the nomination shall be deemed to be confirmed. Notwithstanding anything in this subdivision to the contrary, 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00815-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.