Q&A
Process for challenging laws and the role of corporation counsel
0:54:06
·
5 min
The discussion focuses on the process for challenging laws and the role of the corporation counsel in representing the mayor against the city council.
- Christine Quinn argues that the current process, where the council must sue to uphold a law after overriding a veto, is counterintuitive and reduces council power
- Professor Lane calls the corporation counsel's role in challenging council-passed legislation 'outrageous'
- Suggests that the corporation counsel should represent the city as a whole, not just the mayor
- Council Member Restler notes improvements in the law department's responsiveness to the council since the introduction of advice and consent for the corporation counsel appointment
Lincoln Restler
0:54:06
Helpful suggestions.
0:54:08
And just one more item that you raised again back in 2010 that I think this particular saliance these days for both your work and for issues that that Speaker Adams has led on.
0:54:21
You recommended that the charter should place the burden on the mayor to go to court to have a law declared invalid instead of forcing the council to have to sue.
0:54:32
I raised that in the context of some of the FEP dynamics and other things.
0:54:36
We've, you know, as you know, faced similar issues, Do you think that that remains true?
0:54:41
Yeah.
0:54:41
I
Christine Quinn
0:54:41
mean, look, anybody who's seen schoolhouse rock knows how Aviso works everywhere in every government except for the city of New York.
0:54:52
Meaning when a legislative body overrides A veto, then the law should be going into effect.
0:55:01
And the government should do whatever it is supposed to do to put that law on effect And if the mayor wants to stop it, then he or she has to go to court to make that happen.
0:55:12
That we would have passed a law on the city council, sent it to the mayor, and he vetoed it, and then the council has to sue.
0:55:21
It's just completely counterintuitive and really leaves the council in a position where to truly get the things they want to happen done or some part of them, they're forced into negotiations.
0:55:37
When the legislative process, yes, should often be about negotiations, should often be about compromise, but sometimes not.
0:55:45
Sometimes there are pieces of legislation that speak to the core of who an elected is or who who or what the body, the city council is.
0:55:54
And to that, to know that you're gonna pass those kind of bills like taking care of homeless people, and then you're gonna have to go to court where you never know what's gonna happen in court.
0:56:05
Right?
0:56:05
An obvious thing could not be held up.
0:56:08
That's not how the veto process works.
0:56:11
I mean, it's interesting that the the mayor has a pocket approval versus a pocket veto.
0:56:17
You know, it's a be interesting to understand why that was, which I'm not opposed to that.
0:56:21
But this makes no sense and really reduces the power of the council substantially.
Lincoln Restler
0:56:28
Yeah.
0:56:29
So well said
Christine Quinn
0:56:30
Great.
0:56:30
And the confidence into the public.
0:56:31
Susan just said, right, they hear a bill passing, they're like, hey.
0:56:34
Where's the whatever?
0:56:35
And it never comes.
Lincoln Restler
0:56:37
And I keep forgetting to acknowledge my friend from Brooklyn.
0:56:40
Council member, Ina Vernic Health.
0:56:41
I'm sorry, Ina.
0:56:42
I'm getting I'm enjoying this conversation.
Professor Eric Lane
0:56:44
Council member.
Lincoln Restler
0:56:45
Please.
Professor Eric Lane
0:56:46
I just I wanna just add to what Chris speaker Quinn was saying.
0:56:50
I I think it's outrageous most times when the corporation counsel I think there's a real bulk of theirs that was that I don't know where when it started on You know, the mayor wants to go to court.
0:57:04
It shouldn't be the court after to you know, on this veto thing.
0:57:08
When the bill is passed and there is a veto that is overridden, I don't see where the corporation cancels any rule in representing the mayor challenging that piece of legislation.
0:57:20
I mean, I know they they they used to make up these kind of faucet's flaws or constitutional issues.
0:57:30
But what their their job is to represent the city, and the city includes the council and the process and the charter.
0:57:36
So when that bill is vetoed and overridden, that's the law.
0:57:40
And the council has the court counsel has no business in my mind representing, you know, challenging the override and all.
0:57:54
And I think you should look at that in the in the power of your corporation cal or, you know, the power of the corporation else.
0:58:00
I think you could even the charter permission should just look at that specific question and see whether or not there can be a power that's restrained even though the corporation council's officers go crazy.
0:58:11
I it's really inappropriate.
0:58:14
I I share
Lincoln Restler
0:58:15
it's totally
Professor Eric Lane
0:58:15
not speaker.
0:58:16
Quinn's irritation just put it nicely over that over that use of the corporation council.
0:58:25
If you have to pay with the mayor, okay, but not okay.
Lincoln Restler
0:58:30
No.
0:58:30
You're a 1000% right.
0:58:31
And I do think it's one of the the areas where we've seen how helpful and effective advice and consent of court counsel has been is that since the charter revision commission and successful referendum that subjected court counsel to advice and consent.
0:58:52
The council has received has I think the law department has been more responsive to the city council than it had been previously, and will give better advice in a more in with more advanced notice, tries to firewall off issues within the law department where they have some folks advise the mayor, some folks advise the council.
0:59:10
There's been a degree of responsiveness that frankly did not exist before where it felt much more squarely like the corp council was only working for the mayor, whereas now it feels like the corp the law department is there more for the city of New York as a whole.
0:59:24
And I think that's why it's so important that we expand on that successful model, you know, as the speaker's legislation would accomplish.
Professor Eric Lane
0:59:32
Let's open here.
