Your guide to NYC's public proceedings.
PRESENTATION
Law Department presentation on amending the Charter and the powers/limits of commissions
1:10:13
·
4 min
Benjamin Miller from the Law Department explains that, unlike constitutions, the NYC Charter can be amended relatively frequently through various methods, including local laws (sometimes requiring a referendum depending on the topic), state law, petition, or a Charter Revision Commission (CRC).
He details how CRCs are typically established by the Mayor, their composition, lifespan, and broad powers to review the charter and propose any amendments (which must go to voters). Miller also notes limitations: CRCs cannot propose changes inconsistent with state law or outside the city's authority, and they must review the entire charter, reporting on why parts were left unchanged.
- The Charter can be amended more easily than constitutions.
- Methods include: Local Law (with/without referendum), State Law, Petition, Charter Revision Commission (CRC).
- CRCs are usually formed by the Mayor, have 9-15 resident members, and have broad powers to propose amendments (subject to voter approval).
- CRCs cannot propose changes conflicting with state law.
- CRCs must review the entire charter and report on decisions.
Benjamin Miller
1:10:13
Thank you, Brenda.
1:10:15
Again, my name is Ben Miller.
1:10:17
I'm a senior counsel in the legal counsel division of the law department, and it is a pleasure to present to the commission today.
1:10:25
When it comes to amending the charter, it is important to point out, one crucial difference between our charter and the federal and state constitution.
1:10:33
Those documents, as you probably are aware, are rarely amended because it's hard to do so.
1:10:37
But the charter is actually a document that can be amended, relatively frequently.
1:10:42
The charter can be amended by a normal local law passed by city council, signed or not vetoed by the mayor, or it can be passed, changed by a local law subject to a a referendum.
1:10:55
Now whether a local law is subject to a referendum depends on the subject matter of the of the change being made.
1:11:00
So just some examples of things that, if done by local law, would require a a referendum are, significant changes to the powers of an elected office or the abolishment of an elected office, transferring powers between mayoral agencies or an agency that a nonmeral agency where it's headed by a commission that's not fully controlled by the mayor like TLC.
1:11:21
Or, another example is changes to the way that the city discloses a property, and then there are some others.
1:11:29
Other ways that the charter can be amended are by state law, by petition subject to a referendum, or by a charter revision commission, which also would be any recommendations from a charter revision commission are, of course, subject to approval by the voters.
1:11:45
As Brenda mentioned, the establishment of a commission is pursuant to the municipal home rule law section 36.
1:11:52
Subdivision four of that section gives the mayor the authority to establish commissions, and and this is the most typical way that commissions are established, but there are other methods including by a local law.
1:12:03
A commission established by the mayor can consist of between nine and fifteen members.
1:12:08
The mayor selects the chair, the vice chair, and the secretary of the commission.
1:12:13
All members of the commission must be residents of the city, and commission members may hold other public office or employment.
1:12:20
Commissions are not permanent.
1:12:21
They typically expire on the day of the election at which their recommendations are voted on.
1:12:26
If a commission determines not to make any recommendations, then they expire on the day of the second general election after their appointment.
1:12:36
The powers of a commission.
1:12:38
A commission may hire employees and consultants, and a commission may conduct hearings, take testimony, and subpoena witnesses or documents.
1:12:47
A commission may propose amendments to the charter that could be adopted through regular local law or those things that would require a referendum.
1:12:57
So earlier, I mentioned that the council can amend the charter by local law and what it and and whether a referendum is required depends on the nature of the change being made.
1:13:07
Charter Revision Commission can make any change to the charter, including changes that could that council could do by local law, but any change recommended by the commission must be approved by the voters.
1:13:19
A commission may propose a broad set of amendments that essentially overhauls the whole charter and implements a new charter or focuses only on certain areas.
1:13:28
The last time we had a full overhaul was in 1989, as Brenda mentioned, I believe.
1:13:33
And then the commission may present amendments to voters as one question, a series of questions, or as alternative options.
1:13:40
The series of questions is the most typical the typical way.
Richard R. Buery Jr.
1:13:46
There are
Benjamin Miller
1:13:46
limits on the power or commission.
1:13:52
A commission may not propose amendments beyond the scope of the city's local legislative powers as set forth in the state constitution and the municipal home rule law.
1:14:02
This generally means that a commission may not propose charter changes to the charter that would be inconsistent with state law, and a commission may also not intrude in areas that are exclusively authority of the federal government or the state government.
1:14:16
A commission must review the entire charter and hold public hearings.
1:14:22
Now if the commission decides to leave a part of the charter unchanged, which is typical, then they the the commission must issue a report accompanying their proposals explaining why it determined to leave such a part unchanged.
1:14:36
But this is a flexible requirement, and it can be accomplished in different ways.
1:14:42
The 02/2018 commission, I think, directly addressed the requirement and sort of explained some topics it was leaving to future commissions to to consider, whereas other commissions really just explain why they focused on particular topics and thus by implication, that sort of explains why they decided to leave other parts alone.