Bill Text: NY A10908 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that the police commissioner of the city of New York and all other cities with a population of one hundred thousand or more shall be an elected office with a four-year term; provides that such office shall be subject to term limits of two terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-08-17 - referred to cities [A10908 Detail]

Download: New_York-2019-A10908-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10908

                   IN ASSEMBLY

                                     August 17, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
          read once and referred to the Committee on Cities

        AN ACT to amend the general city law, the New York city charter and  the
          administrative  code of the city of New York, in relation to providing
          that the office of police commissioner in cities with a population  of
          one hundred thousand or more is an elected office

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general city law is amended by  adding  a  new  section
     2  18-e to read as follows:
     3    §  18-e.  Election  of  police  commissioner.  1. The office of police
     4  commissioner, in every city  with  a  population  of  greater  than  one
     5  hundred  thousand but less than one million, shall be an elected office.
     6  The office of police  commissioner  shall  be  elected  at  the  general
     7  election in the year two thousand twenty and every fourth year thereaft-
     8  er.  The  police commissioner shall hold office for a term of four years
     9  commencing on the first day of January  after  each  such  election  and
    10  shall  not serve for more than two full terms in such office. The police
    11  commissioner may be removed or suspended in the same manner as the mayor
    12  of the city would be removed or suspended.
    13    2. (a) Any vacancy in the  office  of  police  commissioner  shall  be
    14  filled by popular election, in the manner set forth in this subdivision.
    15  In  the event of a vacancy in the office of police commissioner until an
    16  interim or permanent successor is first elected, or whenever  by  reason
    17  of sickness, absence from the city or suspension from office, the police
    18  commissioner  shall  be  prevented  from  attending to the duties of the
    19  office, an interim police commissioner shall be appointed by the mayor.
    20    (b) Within three days of the occurrence of a vacancy in the office  of
    21  police  commissioner, the mayor shall proclaim the date for the election
    22  or elections required by this subdivision, provide notice of such  proc-
    23  lamation to the city clerk and the board of elections and publish notice
    24  thereof.  After  the proclamation of the date for an election to be held
    25  pursuant to paragraphs (e) and (f) of this subdivision, the  city  clerk
    26  shall  publish notice thereof not less than twice in each week preceding

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16651-02-0

        A. 10908                            2

     1  the date of such election in newspapers distributed within the city, and
     2  the board of elections shall mail notice of such election to all  regis-
     3  tered voters within the city.
     4    (c)  If  a  vacancy occurs during the first three years of the term, a
     5  general election to fill the vacancy for the remainder of the  unexpired
     6  term  shall  be held in the year in which the vacancy occurs, unless the
     7  vacancy occurs after the last day on which an occurring vacancy  may  be
     8  filled  at the general election in that same year with party nominations
     9  of candidates for such election being made at  a  primary  election,  as
    10  provided  in section 6-116 of the election law. If such a vacancy occurs
    11  in any year after such last day, it shall be filled for the remainder of
    12  the unexpired term  at  the  general  election  in  the  following  year
    13  provided,  however,  that no general election to fill a vacancy shall be
    14  held in the last year of the term, except as provided in  paragraph  (j)
    15  of  this  subdivision.  Party  nominations  of  candidates for a general
    16  election to fill a vacancy for the remainder of the unexpired term shall
    17  be made at a primary election, except as provided in  paragraph  (f)  of
    18  this subdivision.
    19    (d) If a special or general election to fill the vacancy on an interim
    20  basis  has not been previously held pursuant to paragraphs (e), (g), (h)
    21  and (i) of this subdivision, the person elected to fill the vacancy  for
    22  the  remainder  of  the  unexpired term at a general election shall take
    23  office immediately upon qualification and shall  serve  until  the  term
    24  expires.  If  a  special  or  general election to fill the vacancy on an
    25  interim basis has been previously held, the person elected to  fill  the
    26  vacancy  for  the  remainder of the unexpired term at a general election
    27  shall take office on January first of the year  following  such  general
    28  election and shall serve until the term expires.
    29    (e)  If  a vacancy occurs during the first three years of the term and
    30  on or before the last day in the third year of  the  term  on  which  an
    31  occurring  vacancy may be filled for the remainder of the unexpired term
    32  at a general election with party  nominations  of  candidates  for  such
    33  election  being made at a primary election, as provided in section 6-116
    34  of the election law, a special or general election to fill  the  vacancy
    35  on  an  interim basis shall be held, unless the vacancy occurs less than
    36  ninety days before the next primary election at which party  nominations
    37  for  a general election to fill the vacancy may be made and on or before
    38  the last day on which an occurring vacancy may be filled for the remain-
    39  der of the unexpired term at the general election in the  same  year  in
    40  which  the  vacancy occurs with party nominations of candidates for such
    41  election being made at a primary election, as provided in section  6-116
    42  of the election law.
    43    (f)  If  a  vacancy occurs after the last day in the third year of the
    44  term on which an occurring vacancy may be filled for  the  remainder  of
    45  the  unexpired  term at a general election in each year with party nomi-
    46  nations of  candidates  for  such  election  being  made  at  a  primary
    47  election, as provided in section 6-116 of the election law, but not less
    48  than  ninety  days before the date of the primary election in the fourth
    49  year of such term, a special or general election to  fill  such  vacancy
    50  for the remainder of the unexpired term shall be held.
    51    (g)  Elections  held pursuant to paragraph (e) or (f) of this subdivi-
    52  sion shall be scheduled in the following manner: A special  election  to
    53  fill the vacancy shall be held on the first Tuesday at least eighty days
    54  after  the  occurrence  of  the vacancy, provided that the mayor, in the
    55  proclamation required by paragraph (b) of this subdivision, may schedule
    56  such election for another day no more than ten days after  such  Tuesday

        A. 10908                            3

     1  and not less than seventy-five days after such proclamation if the mayor
     2  determines  that  such  rescheduling  is necessary to facilitate maximum
     3  voter participation; except that:
     4    (i)  if  the  vacancy occurs before August seventeenth in any year and
     5  the first Tuesday at least eighty  days  after  the  occurrence  of  the
     6  vacancy  is  less  than ninety days before a regularly scheduled general
     7  election, the vacancy shall be filled at such general election;
     8    (ii) if the vacancy occurs before August seventeenth in any  year  and
     9  the  first  Tuesday  at  least  eighty  days after the occurrence of the
    10  vacancy is after a regularly scheduled  general  election,  the  vacancy
    11  shall be filled at such general election; and
    12    (iii) if the vacancy occurs on or after August seventeenth in any year
    13  and  the  first Tuesday at least eighty days after the occurrence of the
    14  vacancy is after, but less than thirty days after, a regularly scheduled
    15  general election, the vacancy shall be filled at a special  election  to
    16  be held on the first Tuesday in December in such year.
    17    (h)  All  nominations for elections to fill vacancies held pursuant to
    18  paragraphs (e) and (f) of this subdivision shall be by independent nomi-
    19  nating petition. A signature on an independent nominating petition  made
    20  earlier  than  the date of the proclamation required by paragraph (b) of
    21  this subdivision shall not be counted.
    22    (i) A person elected to fill a vacancy in the  office  of  the  police
    23  commissioner  at  an  election  held  pursuant  to paragraph (e) of this
    24  subdivision shall take office immediately upon qualification  and  serve
    25  until  December  thirty-first of the year in which the vacancy is filled
    26  for the remainder of the unexpired term pursuant  to  paragraph  (c)  of
    27  this  subdivision.  A  person elected to fill a vacancy in the office of
    28  the police commissioner at an election held pursuant to paragraph (f) of
    29  this subdivision shall take office immediately  upon  qualification  and
    30  serve until the term expires.
    31    (j)  If  a vacancy occurs less than ninety days before the date of the
    32  primary election in the last year of the term, the person elected at the
    33  general election in such year for the next succeeding  term  shall  take
    34  office  immediately  upon  qualification  and  fill  the vacancy for the
    35  remainder of the unexpired term.
    36    § 2. Section 431 of the New York city charter is amended  to  read  as
    37  follows:
    38    §  431.   Department; commissioner. a. There shall be a police depart-
    39  ment the head of which shall be the police  commissioner  who  shall  be
    40  [appointed  by  the  mayor and shall, unless sooner removed, hold office
    41  for a term of five years.
    42    b. Whenever in the judgment of the mayor or the  governor  the  public
    43  interests  shall so require, the commissioner may be removed from office
    44  by either, and shall be ineligible for reappointment thereto.
    45    c. Whenever a vacancy shall occur in the office of police  commission-
    46  er,  a  police  commissioner  shall be appointed by the mayor within ten
    47  days thereafter] elected at the general election in the year  two  thou-
    48  sand  twenty  and  every fourth year thereafter. The police commissioner
    49  shall hold office for a term of four years commencing on the  first  day
    50  of  January  after each such election. A police commissioner who resigns
    51  or is removed from office prior to the completion of a full  term  shall
    52  be  deemed  to  have  held  that  office for a full term for purposes of
    53  section eleven hundred thirty-eight of the charter.
    54    b. Any vacancy in the office of police commissioner shall be filled by
    55  popular election, in the manner set forth in this  subdivision.  In  the
    56  event of a vacancy in the office of police commissioner until an interim

        A. 10908                            4

     1  or  permanent successor is first elected, or whenever by reason of sick-
     2  ness, absence from the  city  or  suspension  from  office,  the  police
     3  commissioner  shall  be  prevented  from  attending to the duties of the
     4  office, an interim police commissioner shall be appointed by the mayor.
     5    1.  Within  three days of the occurrence of a vacancy in the office of
     6  police commissioner, the mayor shall proclaim the date for the  election
     7  or  elections required by this subdivision, provide notice of such proc-
     8  lamation to the city clerk and the board of elections and publish notice
     9  thereof in the City Record. After the proclamation of the  date  for  an
    10  election  to be held pursuant to paragraphs four and five of this subdi-
    11  vision, the city clerk shall publish notice thereof not less than  twice
    12  in  each week preceding the date of such election in newspapers distrib-
    13  uted within the city, and the board of elections shall  mail  notice  of
    14  such election to all registered voters within the city.
    15    2.  If  a  vacancy  occurs during the first three years of the term, a
    16  general election to fill the vacancy for the remainder of the  unexpired
    17  term  shall  be held in the year in which the vacancy occurs, unless the
    18  vacancy occurs after the last day on which an occurring vacancy  may  be
    19  filled  at the general election in that same year with party nominations
    20  of candidates for such election being made at  a  primary  election,  as
    21  provided  in section 6-116 of the election law. If such a vacancy occurs
    22  in any year after such last day, it shall be filled for the remainder of
    23  the unexpired term  at  the  general  election  in  the  following  year
    24  provided,  however,  that no general election to fill a vacancy shall be
    25  held in the last year of the term, except as provided in paragraph  nine
    26  of  this  subdivision.  Party  nominations  of  candidates for a general
    27  election to fill a vacancy for the remainder of the unexpired term shall
    28  be made at a primary election, except as provided in paragraph  five  of
    29  this subdivision.
    30    3.  If a special or general election to fill the vacancy on an interim
    31  basis has not been previously held pursuant  to  paragraphs  four,  six,
    32  seven  and  eight  of  this  subdivision, the person elected to fill the
    33  vacancy for the remainder of the unexpired term at  a  general  election
    34  shall  take  office immediately upon qualification and shall serve until
    35  the term expires.  If a special or general election to fill the  vacancy
    36  on an interim basis has been previously held, the person elected to fill
    37  the  vacancy  for  the  remainder  of  the  unexpired  term at a general
    38  election shall take office on January first of the year  following  such
    39  general election and shall serve until the term expires.
    40    4. If a vacancy occurs during the first three years of the term and on
    41  or  before the last day in the third year of the term on which an occur-
    42  ring vacancy may be filled for the remainder of the unexpired term at  a
    43  general  election with party nominations of candidates for such election
    44  being made at a primary election, as provided in section  6-116  of  the
    45  election  law,  a  special or general election to fill the vacancy on an
    46  interim basis shall be held, unless the vacancy occurs less than  ninety
    47  days  before  the next primary election at which party nominations for a
    48  general election to fill the vacancy may be made and on  or  before  the
    49  last  day  on which an occurring vacancy may be filled for the remainder
    50  of the unexpired term at the general election in the same year in  which
    51  the  vacancy  occurs  with  party  nominations  of  candidates  for such
    52  election being made at a primary election, as provided in section  6-116
    53  of the election law.
    54    5.  If  a  vacancy  occurs after the last day in the third year of the
    55  term on which an occurring vacancy may be filled for  the  remainder  of
    56  the  unexpired  term at a general election in each year with party nomi-

        A. 10908                            5

     1  nations of  candidates  for  such  election  being  made  at  a  primary
     2  election, as provided in section 6-116 of the election law, but not less
     3  than  ninety  days before the date of the primary election in the fourth
     4  year  of  such  term, a special or general election to fill such vacancy
     5  for the remainder of the unexpired term shall be held.
     6    6. Elections held pursuant to paragraph four or five of this  subdivi-
     7  sion  shall  be scheduled in the following manner: A special election to
     8  fill the vacancy shall be held on the first Tuesday at least eighty days
     9  after the occurrence of the vacancy, provided that  the  mayor,  in  the
    10  proclamation required by paragraph one of this subdivision, may schedule
    11  such  election  for another day no more than ten days after such Tuesday
    12  and not less than seventy-five days after such proclamation if the mayor
    13  determines that such rescheduling is  necessary  to  facilitate  maximum
    14  voter participation; except that
    15    (a)  if  the  vacancy occurs before August seventeenth in any year and
    16  the first Tuesday at least eighty  days  after  the  occurrence  of  the
    17  vacancy  is  less  than ninety days before a regularly scheduled general
    18  election, the vacancy shall be filled at such general election;
    19    (b) if the vacancy occurs before August seventeenth in  any  year  and
    20  the  first  Tuesday  at  least  eighty  days after the occurrence of the
    21  vacancy is after a regularly scheduled  general  election,  the  vacancy
    22  shall be filled at such general election; and
    23    (c)  if  the vacancy occurs on or after August seventeenth in any year
    24  and the first Tuesday at least eighty days after the occurrence  of  the
    25  vacancy is after, but less than thirty days after, a regularly scheduled
    26  general  election,  the vacancy shall be filled at a special election to
    27  be held on the first Tuesday in December in such year.
    28    7. All nominations for elections to fill vacancies  held  pursuant  to
    29  paragraphs  four  and  five  of this subdivision shall be by independent
    30  nominating petition. A signature on an independent  nominating  petition
    31  made earlier than the date of the proclamation required by paragraph one
    32  of this subdivision shall not be counted.
    33    8.  A  person  elected  to  fill a vacancy in the office of the police
    34  commissioner at an election held pursuant  to  paragraph  four  of  this
    35  subdivision  shall  take office immediately upon qualification and serve
    36  until December thirty-first of the year in which the vacancy  is  filled
    37  for  the  remainder  of  the unexpired term pursuant to paragraph two of
    38  this subdivision. A person elected to fill a vacancy in  the  office  of
    39  the  police  commissioner at an election held pursuant to paragraph five
    40  of this subdivision shall take office immediately upon qualification and
    41  serve until the term expires.
    42    9. If a vacancy occurs less than ninety days before the  date  of  the
    43  primary election in the last year of the term, the person elected at the
    44  general  election  in  such year for the next succeeding term shall take
    45  office immediately upon qualification  and  fill  the  vacancy  for  the
    46  remainder of the unexpired term.
    47    §  3.  The  New  York  city charter is amended by adding a new section
    48  431-a to read as follows:
    49    § 431-a. Removal of police commissioner. The police  commissioner  may
    50  be  removed  or suspended in the same manner as provided in this charter
    51  with respect to the mayor.
    52    § 4. Section 1138 of the New York city charter, as amended by  section
    53  1  of  question 1 of local law number 60 of the city of New York for the
    54  year 2010, is amended to read as follows:
    55    § 1138. Term Limits. a. Notwithstanding any provision to the  contrary
    56  contained  in this charter, no person shall be eligible to be elected to

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     1  or serve in the office of mayor, public advocate,  comptroller,  borough
     2  president [or], council member or police commissioner if that person had
     3  previously  held  such  office  for  two or more consecutive full terms,
     4  unless  one  full  term  or more has elapsed since that person last held
     5  such office.
     6    b. Notwithstanding any other provision to the contrary, no  local  law
     7  may  be enacted by the city council, including but not limited to amend-
     8  ment of the provisions of this chapter, if such local law would alter or
     9  permit alteration of the term limit set forth in this  section  as  such
    10  limit  applies to any person then serving in the office of mayor, public
    11  advocate, comptroller, borough president [or], council member or  police
    12  commissioner.
    13    c. Severability. If any provision of this section, or any provision of
    14  paragraph one of subdivision [k] (k) of section eleven hundred fifty-two
    15  of  this  charter  relating to the application of this section, shall be
    16  held invalid or ineffective in whole or in part or inapplicable  to  any
    17  person or situation, such holding shall not affect, impair or invalidate
    18  the  remainder  of  this  section  and  such  paragraph,  and  all other
    19  provisions thereof shall nevertheless be separately and fully  effective
    20  and the application of any such provision to other persons or situations
    21  shall not be affected.
    22    §  5.  The  opening  paragraph of section 14-102 of the administrative
    23  code of the city of New York is amended to read as follows:
    24    Until otherwise provided by the [mayor,  upon  the  recommendation  of
    25  the]  police  commissioner,  the  police force in the police department,
    26  shall consist of the following ranks of members, to wit:
    27    § 6. This act shall take effect immediately.
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