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PRESENTATION
Law Department presentation on the NYC Charter's structure and legal context
0:56:53
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3 min
Brenda Cooke from the NYC Law Department's Legal Counsel Division introduces herself and her colleague Ben Miller, offering their division's support to the commission.
She provides an overview of the NYC Charter, describing it as a foundational document outlining the structure, powers, and responsibilities of city government. Cooke explains it's a "short form" charter focusing on general authority, with more detailed operational rules found in the Administrative Code and agency regulations, and notes its legal authority derives from New York State law, particularly the Municipal Home Rule Law.
- The Law Department's Legal Counsel Division will assist the commission.
- The Charter sets out the general structure, powers, and responsibilities of NYC government.
- It's a "short form" document; details are often in the Admin Code or agency rules.
- NYC government authority derives from the NYS Constitution and state laws (e.g., Municipal Home Rule Law).
Brenda Cooke
0:56:53
That conflicts of interest would be, so energetic and interesting.
0:56:58
But, thank you.
0:57:00
Should I have handle on this?
0:57:06
Yes.
0:57:07
Thank you, chair and members of the commission for having us.
0:57:10
It's a privilege, for myself and my colleague, Ben Miller, to be here today.
0:57:15
I'm a deputy chief, counsel in the legal counsel division at the New York City law department.
0:57:21
And myself, Ben, and and a team, from our division are, at your service, throughout your tenure and your time here on the commission to, help assist and guide and answer any questions that you may have now or in the future.
0:57:36
I am impressed, by the qualifications and the, dedication that I heard from each of you, as you were introduced, and I look forward, to, working with each of you.
0:57:47
The content of our presentation today is going to focus, in two parts.
0:57:52
I'll cover the first, which is the, bit of the history of the the charter and, a sense of how it's organized because part of your duties as commissioners is to understand the, entirety of the charter so that you can, carry out your service in that respect.
0:58:07
Ben will, speak after me, and he will address, methods of, amending and how, charter review commissions in the past and how you may, as you carry your work forward, approach amendments, proposed to the charter.
0:58:23
The charter is a document setting out the structure and powers of, responsibilities of the city government.
0:58:29
It's referred to as a short form document that sets out general authority, responsibilities of agencies, and elected officials, the kind of general basic processes of our government.
0:58:39
For the most part, it doesn't contain, terribly, detailed information.
0:58:45
The sort of day to day workings of government, you won't really find there.
0:58:49
The requirements that are imposed on individuals or businesses and citizens of the city as we, carry about in our in our daily lives.
0:58:56
Those kind of details are usually in other places such as the administrative code or the rules that are promulgated by agencies, that really do touch, more of the day to day lives of New Yorkers.
0:59:07
There are exceptions.
0:59:08
Chapter 79 of the charter is a recent, addition to the charter, and it relates to the office of community hiring.
0:59:15
And it contains some specific provisions about that office.
0:59:18
But for the most part, my description of the charter would be that it is more general and a more general document it is intended to be.
0:59:25
To give the context, legally for where the charter fits in, generally in The United States, local governments derive their legal authority from the states in which they are located.
0:59:37
That means that in New York state, the legal framework for municipalities is set by our state constitution and our state laws.
0:59:45
There are a few primary state laws that define our local authority here in New York City.
0:59:50
It's our municipal home rule law, the general city law, and the general municipal law.
0:59:57
The municipal home rule on particular is the one you'll be hearing about from Ben later in this presentation.
1:00:02
It gives municipalities broad authority to determine their own structure of city government and sets forth our processes for how we would do so.