New
York City billionaire Mayor Michael Bloomberg is seeking a change to
the Term Limits Law that would allow him to run for a third term. This
coming Thursday, October 23rd the New York City Council, in all
probability, will vote on Bloomberg's proposed legislation that the
mayor claims is vital for
"continuity of government" because of the Wall Street economic crisis.
Twenty six votes are needed in the 51-member Council to pass the
measure.
For sure there is city wide opposition against Bloomberg's power grab
and disregard for the democratic process. According to a recent tally
of the New Times of the 51 Council members fourteen are now on record
supporting the mayor's plan, 19 are opposed and 18 are undecided.
Harlem's Councilwoman Inez Dickens has been reported as one of the
undecided although many of us suspect that she will in fact vote in
favor of Bloomberg's term limit proposed legislation. We simply can't
let her slide on this one given her dismal voting record supporting:
Columbia University Expansion that Columbia by its own admission will
displace over 5,000 low-income Black and Latino residents; the
disastrous 125th Street River to River proposal that is projecting the
development of over 3,800 units of mostly luxury housing (condos)
within a twenty four block radius encompassing at its core 125th
Street; and the East 125th Street Development Project that will include
600 to 800 units of mostly luxury housing. PLUS DICKENS SUPPORTED
HILLARY CLINTON OVER BARACK OBAMA!
Help us flood Dickens office with a blast of telephone calls and email
demanding that she votes NO to Bloomberg's personal power grab to
extend term limits.
Harlem Tenants
Council
21 West 130th Street
New York, N.Y. 10037
1-800-546-1133
info@harlemtenantscouncil.org
Three bills were introduced at the City Council stated meeting on October 7th. A fourth bill will be heard at the hearings as a pre-considered introduction
Int. No. By Council Members
James, de Blasio and Weprin
A LOCAL LAW
To establish a Charter Revision Commission to draft a new or revised City Charter.
Be it enacted by the Council
as follows:
Section 1. Pursuant to the authority invested in it by §
36.2(a) of the Municipal Home Rule Law, the Council hereby establishes
a commission to draft a new or revised City Charter (the “Charter
Revision Commission” or “Commission”).
§ 2.
Purpose and Intent. The purpose and intent of this
legislation and of the establishment of the Charter Revision Commission
shall be to afford the people of the City of New York an opportunity to
vote by referendum at a special election in early 2009 on a
proposal to amend the term limits provisions of Chapter 50 of the
Charter together with such other or further Charter amendments or
revisions that the Charter Revision Commission recommends.
§
3.
Method of Determining Composition of the Commission. The
method of determining the number of members of the Charter Revision
Commission and the method of their selection shall be by designation of
the Council as follows:
(a)
the Charter Revision Commission shall be comprised of nine members,
including a Chair, a Vice Chair, a Secretary and six additional members;
(b)
the members of the Charter Revision Commission shall be selected by
appointment;
(c)
the power to appoint original members of the Charter Revision
Commission shall be by majority vote of the Council;
(d)
the Council shall appoint Charter Revision Commission members who, to
the maximum extent feasible, (i) reflect the diversity of the people of
the City of New York, (ii) are comprised of at least one resident of
each of the five boroughs of the City, (iii) are familiar with the
provisions of the Charter of the City of New York, (iv) are familiar
with the operations of City government, and (v) are committed to the
principle that Charter changes affecting the term limits provided for
in Chapter 50 of the Charter shall be adopted by a vote of the citizens
of the City at a referendum election;
(e)
no member of the Commission may be a registered lobbyist as that term
is defined in § 3-211(a) of the Administrative Code;
(f)
no more than four members of the Commission serving at any one time may
be persons doing business with the City as that term is defined in §
3-702.18 of the Administrative Code; and
(g)
any vacancy in the membership of the Charter Revision Commission or of
its officers shall be filled by appointment made by majority vote of
the Council.
§
4.
Commission Appointments. Pursuant to the authority invested
in it
under § 3 above, the members of the charter revision commission will be
determined by the Council in a schedule attached hereto.
§
5.
Commission Mandate. The Charter Revision Commission shall
review the entire Charter and prepare a draft of a proposed new or
revised Charter in accordance with the provisions of § 36.5(a) of the
Municipal Home Rule Law.
§
6.
Submission of Recommendation for Voter Approval. Pursuant to
§ 36.5(b) of the Municipal Home Rule Law, the Charter Revision
Commission is authorized to submit its proposed new Charter or
amendments to the electors of the City at a special election and it is
required to complete and file in the Office of the City Clerk its
proposed new Charter or amendments in time for submission to the
electors not later than the second general election after the date
hereof; provided, however, that it is the purpose and intent of the
Council in enacting this local law that the Charter Revision Commission
shall complete and file its proposed new Charter or amendments as early
in 2009 as is reasonably practicable but in any event on or before
March 1, 2009, in time for submission to the electors at a special
election to be held at least 60 days later but in any event not later
than May 1, 2009 in order to enact any change to Chapter 50 of the
Charter affecting term limits in time for the commencement of
petitioning for the 2009 primary elections.
§
7.
Publication of Recommendations. The publication and publicity
of the Charter Revision Commission’s proposed new Charter or amendments
shall include but not be limited to a summary and detailed description
to be included in a voters guide to be published by the Commission and
mailed to each enrolled elector in the City of New York not less than
ten days prior to the election at which the Commission’s proposal will
be on the ballot together with such other and further publication and
publicity that the Commission deems reasonably necessary to ensure that
the electors of the City are fully informed of the recommendations and
the need for their adoption.
§
8.
Additional Provisions.
(a)
Members of the Commission shall receive no compensation for their
services, but shall be reimbursed for the actual and necessary expenses
incurred by them in the performance of their duties.
(b)
The Commission shall appoint and may at pleasure remove such employees
and consultants as it shall require and fix their compensation and may
accept any services, facilities or funds and use or expend the same for
its purposes. No Commission employee or consultant shall be a
registered lobbyist as that term is defined in § 3-211(a) of the
Administrative Code. Any person who is a person doing
business with the City as that term is defined in § 3-702.18 of the
Administrative Code may serve as an employee or consultant of the
Commission only after approval by the City’s Conflicts of Interest
Board and only subject to such restrictions or limitations on their
duties and responsibilities for the Commission as the Conflicts of
Interest Board may require.
(c)
On request of the Commission, the Mayor may direct any board, body,
officer or employee of the city to cooperate with, assist, advise,
provide facilities, materials or data and render services to the
Commission and it is the desire and intent of the Council that the
Mayor shall comply with any such request.
(d)
In addition to action under any other power to make appropriations for
the support of the Commission, the appropriate officials of the City
shall have power, on request of the Commission, to appropriate to such
Commission such sum or sums as shall be necessary to defray its
expenses and it is the desire and intent of the Council that the Mayor
shall timely fulfill any such necessary requests.
(e)
No person shall be disqualified to serve as a member, employee or
consultant of the Commission by reason of holding any other public
office or employment, nor shall she forfeit any such office or
employment by reason of her appointment hereunder, notwithstanding the
provisions of any law.
(f)
The terms of office of the members of the Commission shall expire on
the day of the election at which the proposed new Charter or Charter
amendments prepared by the Commission are submitted to the qualified
electors of the City, or on the day of the second general election
following the date hereof if no such questions have been submitted by
that time.
(g)
It is the intent and desire of the Council that the
Commission conduct not less than one public hearing in each
of the five boroughs of the City.
§
9.
Severability. If any provision of this bill or any provision
of this local law, or any amendments thereto, shall be held invalid or
ineffective in whole or in part or inapplicable to any person or
situation, such holding shall not affect, impair or invalidate any
portion of or the remainder of this local law, and all other provisions
thereof shall nevertheless be separately and fully effective and the
application of any such provision to other persons or situation shall
not be affected.
§ 10. Effective Date. This local law shall take effect immediately.
Proposed
Int. No. 845-A
By Council Members Felder, Comrie, Koppell, Recchia Jr. and Stewart (by
request of the Mayor)
....Title
A Local Law to amend the New York city charter, in relation to term
limits for elected officials.
..Body
Be it enacted by the Council as follows
:
Section 1. Sections 1137 and 1138 of the charter of the city of New
York, as added by a vote of the electors of such city at the general
election held on November 2, 1993, are amended to read as follows:
§ 1137. Public Policy. It is hereby declared to be the public policy of
the city of New York to limit [to not more than eight consecutive
years] the time elected officials can serve as mayor, public advocate,
comptroller, borough president and council member so that elected
representatives are "citizen representatives" who are responsive to the
needs of the people and are not career politicians. It is
further declared that this policy is most appropriately served by
limiting the time such officials can serve to not more than three full
consecutive terms.
§ 1138. Term Limits. Notwithstanding any provision to the contrary
contained in this charter, no person shall be eligible to be elected to
or serve in the office of mayor, public advocate, comptroller, borough
president or council member if that person had previously held such
office for [two] three or more full consecutive
terms [(including in the case of council member at least one four-year
term)], unless one full term or more has elapsed since that person last
held such office; provided, however, that in calculating the number of
consecutive terms a person has served, only terms commencing on or
after January 1, 1994 shall be counted.
§ 2. If any section, subdivision, sentence, clause, phrase or other
portion of this local law is, for any reason, declared unconstitutional
or invalid, in whole or in part, by any court of competent
jurisdiction, such portion shall be deemed severable and such
constitutionality or invalidity shall not affect the validity of the
remaining portions of this local law, which remaining portions shall
remain in full force and effect.
§ 3. This local law shall take effect immediately and shall apply to
elections held on or after the date of its enactment, provided that
this local law shall be deemed repealed upon the effective date of a
lawful and valid proposal to amend the charter to set term limits at
two, rather than three, full consecutive terms, as such limits were in
force and effect prior to the enactment of this local law, where such
proposal has been submitted for the approval of the qualified electors
of the city and approved by a majority of such electors voting thereon.
Int. No. 850
By Council Members Weprin, deBlasio, Gioia,, Liu, James, Mark-Viverito
and The Public Advocate (Ms. Gotbaum)
..Title
A Local Law to amend the New York City Charter in relation to providing
that any changes to term limits for elected officers must be submitted
for the approval of the electors.
..Body
Be it enacted by the Council as follows:
Section 1. Section 38 of the New York City Charter is amended to read
as follows:
§38. Local laws; referendum. A local law shall be submitted for the
approval of the electors at the next general election held not less
than sixty days after the adoption thereof, and shall become operative
as prescribed therein only when approved at such election by the
affirmative vote of a majority of the qualified electors of the city
voting upon the proposition, if it:
1. Abolishes or changes the form or composition of the council or
increases or decreases the number of votes any member is entitled to
cast or reduces the number of districts from which council members
shall be elected.
2. Changes the veto power of the mayor.
3. Changes the law of succession to the mayoralty.
4. Abolishes an elective office, or changes the method of nominating,
electing or removing an elective officer, or changes the term of an
elective officer, or reduces the salary of an elective officer during
his or her term of office.
5. Abolishes, transfers or curtails any power of an elective officer.
6. Creates a new elective office.
7. Changes a provision of law relating to public utility franchises.
8. Changes a provision of law relating to the membership or terms of
office of the city civil service commission.
9. Reduces the salary or compensation of a city officer or employee or
increases the hours of employment or changes the working conditions of
such officer or employee if such salary, compensation, hours or
conditions have been fixed by a state statute and approved by the vote
of the qualified electors of the city; and no provision effecting such
reductions, increases or changes contained in any local law or proposed
new charter shall become effective unless the definite question with
respect to such reductions, increases or changes shall be separately
submitted and approved by the affirmative vote of a majority of the
qualified electors voting thereon.
10. Provides a new charter for the city.
11. Transfers powers vested by this charter in an agency the head of
which is appointed by the mayor to an agency the head of which is not
so appointed or vice versa, other than transfers of power authorized by
this charter from an agency the head of which is appointed by the mayor
to a community board, borough president or a borough board.
12. Dispenses with a provision of this charter requiring a public
notice and hearing as a condition precedent to official action.
13. Dispenses with a requirement of this charter for public bidding or
for public letting of contracts except as otherwise provided pursuant
to chapter thirteen of this charter.
14. Changes a provision of this charter governing the classes or
character of city bonds or other obligations, the purposes for which or
the amount in which any class of obligations may be issued.
15. Removes restrictions in this charter on the sale, lease or other
disposition of city property.
16. Curtails the powers of the city planning commission, or changes the
vote in the council required to take action without or contrary to the
recommendation of the city planning commission.
17. Repeals or amends this section or any of the following sections of
this charter; sections forty, one hundred ninety-one, one hundred
ninety-two, one hundred ninety-three, one hundred ninety-nine, two
hundred, two hundred seventeen, eleven hundred ten, eleven hundred
eleven, eleven hundred fifteen, eleven hundred sixteen, eleven hundred
seventeen, eleven hundred eighteen, [and] eleven hundred twenty-three,
eleven hundred thirty seven, and eleven hundred thirty eight.
18. Repeals or amends sections twenty-six hundred one, twenty-six
hundred four, twenty-six hundred five, and twenty-six hundred six
insofar as they relate to elected officials and section twenty-six
hundred two.Bottom of Form
§2. This local law shall take effect immediately.
10/01/08
Res. No. 1640
..Title
Resolution calling upon the State legislature to adopt legislation
amending the State Municipal Home Rule Law (MHRL) to give the City the
authority to provide in its Charter that any change in the City's term
limits law must be subject to voter referendum.
..Body
By Council Members Avella, Palma, James and Weprin
Whereas, In 1993 a charter change imposing limits of no more than two
consecutive terms on all city elected officials was adopted through a
referendum by a vote of 59% in the affirmative and 41% in the negative;
and
Whereas, In 1996 the City Council adopted a local law, subject to
mandatory referendum, that would have extended the two-term limit
adopted by voters in 1993 to a three-term limit; and
Whereas, This proposed extension of the two-term limit was defeated by
voters by a vote of 46% in the affirmative and 54% in the negative; and
Whereas, Courts have recently upheld the power of the Council to amend
the term limits provisions of the City Charter without voter
referendum; and
Whereas, There have been media reports indicating that the Mayor
intends to seek action by the Council on a local law that would extend
the two-term limit contained in Charter Section 1138 to three terms; and
Whereas, Council action by local law would thwart the will of the
majority of voters who voted to impose term limits in 1993 and against
extending them in 1996; and
Whereas, Section 23 of the State MHRL contains a list of actions by
local governments that can only be accomplished by voter referendum; and
Whereas, Changes to such an important aspect of municipal governance
which has been twice subject to voter referendum, should not be left to
the will of the local legislature; now therefore, be it;
Resolved, The Council of the City of New York calls upon the State
legislature to adopt legislation amending the State Municipal Home Rule
Law (MHRL) to give the City the authority to provide in its Charter
that any change in the City's term limits law must be subject to voter
referendum.
Int.
No. (A Preconsidered Introduction
By Council Members James, de Blasio and Weprin
A LOCAL LAW
To establish a Charter Revision Commission to draft a new or revised
City Charter.
Be it enacted by the Council as follows:
Section 1. Pursuant to the authority invested in it by § 36.2(a) of the
Municipal Home Rule Law, the Council hereby establishes a commission to
draft a new or revised City Charter (the "Charter Revision Commission"
or "Commission").
§ 2. Purpose and Intent. The purpose and intent of this legislation and
of the establishment of the Charter Revision Commission shall be to
afford the people of the City of New York an opportunity to vote by
referendum at a special election in early 2009 on a proposal to amend
the term limits provisions of Chapter 50 of the Charter together with
such other or further Charter amendments or revisions that the Charter
Revision Commission recommends.
§ 3. Method of Determining Composition of the Commission. The method of
determining the number of members of the Charter Revision Commission
and the method of their selection shall be by designation of the
Council as follows:
(a) the Charter Revision Commission shall be comprised of nine members,
including a Chair, a Vice Chair, a Secretary and six additional members;
(b) the members of the Charter Revision Commission shall be selected by
appointment;
(c) the power to appoint original members of the Charter Revision
Commission shall be by majority vote of the Council;
(d) the Council shall appoint Charter Revision Commission members who,
to the maximum extent feasible, (i) reflect the diversity of the people
of the City of New York, (ii) are comprised of at least one resident of
each of the five boroughs of the City, (iii) are familiar with the
provisions of the Charter of the City of New York, (iv) are familiar
with the operations of City government, and (v) are committed to the
principle that Charter changes affecting the term limits provided for
in Chapter 50 of the Charter shall be adopted by a vote of the citizens
of the City at a referendum election;
(e) no member of the Commission may be a registered lobbyist as that
term is defined in § 3-211(a) of the Administrative Code;
(f) no more than four members of the Commission serving at any one time
may be persons doing business with the City as that term is defined in
§ 3-702.18 of the Administrative Code; and
(g) any vacancy in the membership of the Charter Revision Commission or
of its officers shall be filled by appointment made by majority vote of
the Council.
§ 4. Commission Appointments. Pursuant to the authority invested in it
under § 3 above, the members of the charter revision commission will be
determined by the Council in a schedule attached hereto.
§ 5. Commission Mandate. The Charter Revision Commission shall review
the entire Charter and prepare a draft of a proposed new or revised
Charter in accordance with the provisions of § 36.5(a) of the Municipal
Home Rule Law.
§ 6. Submission of Recommendation for Voter Approval. Pursuant to §
36.5(b) of the Municipal Home Rule Law, the Charter Revision Commission
is authorized to submit its proposed new Charter or amendments to the
electors of the City at a special election and it is required to
complete and file in the Office of the City Clerk its proposed new
Charter or amendments in time for submission to the electors not later
than the second general election after the date hereof; provided,
however, that it is the purpose and intent of the Council in enacting
this local law that the Charter Revision Commission shall complete and
file its proposed new Charter or amendments as early in 2009 as is
reasonably practicable but in any event on or before March 1, 2009, in
time for submission to the electors at a special election to be held at
least 60 days later but in any event not later than May 1, 2009 in
order to enact any change to Chapter 50 of the Charter affecting term
limits in time for the commencement of petitioning for the 2009 primary
elections.
§ 7. Publication of Recommendations. The publication and publicity of
the Charter Revision Commission's proposed new Charter or amendments
shall include but not be limited to a summary and detailed description
to be included in a voters guide to be published by the Commission and
mailed to each enrolled elector in the City of New York not less than
ten days prior to the election at which the Commission's proposal will
be on the ballot together with such other and further publication and
publicity that the Commission deems reasonably necessary to ensure that
the electors of the City are fully informed of the recommendations and
the need for their adoption.
§ 8. Additional Provisions.
(a) Members of the Commission shall receive no compensation for their
services, but shall be reimbursed for the actual and necessary expenses
incurred by them in the performance of their duties.
(b) The Commission shall appoint and may at pleasure remove such
employees and consultants as it shall require and fix their
compensation and may accept any services, facilities or funds and use
or expend the same for its purposes. No Commission employee or
consultant shall be a registered lobbyist as that term is defined in §
3-211(a) of the Administrative Code. Any person who is a person doing
business with the City as that term is defined in § 3-702.18 of the
Administrative Code may serve as an employee or consultant of the
Commission only after approval by the City's Conflicts of Interest
Board and only subject to such restrictions or limitations on their
duties and responsibilities for the Commission as the Conflicts of
Interest Board may require.
(c) On request of the Commission, the Mayor may direct any board, body,
officer or employee of the city to cooperate with, assist, advise,
provide facilities, materials or data and render services to the
Commission and it is the desire and intent of the Council that the
Mayor shall comply with any such request.
(d) In addition to action under any other power to make appropriations
for the support of the Commission, the appropriate officials of the
City shall have power, on request of the Commission, to appropriate to
such Commission such sum or sums as shall be necessary to defray its
expenses and it is the desire and intent of the Council that the Mayor
shall timely fulfill any such necessary requests.
(e) No person shall be disqualified to serve as a member, employee or
consultant of the Commission by reason of holding any other public
office or employment, nor shall she forfeit any such office or
employment by reason of her appointment hereunder, notwithstanding the
provisions of any law.
(f) The terms of office of the members of the Commission shall expire
on the day of the election at which the proposed new Charter or Charter
amendments prepared by the Commission are submitted to the qualified
electors of the City, or on the day of the second general election
following the date hereof if no such questions have been submitted by
that time.
(g) It is the intent and desire of the Council that the Commission
conduct not less than one public hearing in each of the five boroughs
of the City.
§ 9. Severability. If any provision of this bill or any provision of
this local law, or any amendments thereto, shall be held invalid or
ineffective in whole or in part or inapplicable to any person or
situation, such holding shall not affect, impair or invalidate any
portion of or the remainder of this local law, and all other provisions
thereof shall nevertheless be separately and fully effective and the
application of any such provision to other persons or situation shall
not be affected.
§ 10. Effective Date. This local law shall take effect immediately.