Gun-Free
School Safety Zones and Gun Safety-Locking Devices
Currently, neither the Charter nor the Administrative
Code prohibits gun possession near schools. This proposal would provide
for the creation of “gun-free” school safety zones by making
it illegal for individuals to possess or discharge any weapon (including
handguns, pistols, rifles, shotguns, assault weapons and machine guns)
within 1,000 feet of any school in the City. Violators would be subject
to criminal and civil penalties. This proposal would provide for certain
exceptions and affirmative defenses. It would not apply to police or federal
law enforcement officers.
Currently, the Charter does not contain any gun
safety lock requirements, but the Administrative Code provides that rifles
and shotguns be sold with a safety-locking device that, if operative, would
prevent individuals from pulling a weapon’s trigger. This proposal would
require that all weapons, including handguns and pistols, have safety-locking
devices when they are purchased or obtained and that safety-locking devices
be used at all times in storing all firearms. Violators would face criminal
and civil penalties.
Budget
Currently, neither the Charter nor the Administrative
Code require that the City maintain a Budget Stabilization and Emergency
Fund (although the Charter provides for a reserve which is maintained by
state law at $100 million per year), but in its adopted budget for the
last two years, the City has maintained a separate budget stabilization
unit of appropriation. This proposal would require that at least fifty
percent of any City surplus revenue be placed in a Budget Stabilization
and Emergency Fund to be transferred by joint action of the Mayor and the
City Council for a City need and, if not needed by the end of the fiscal
year, to prepay future year’s debt service, which would include paying
down long-term debt, or for financing capital projects (pay-as-you-go capital
financing).
Under current Charter provisions, if the City Council
seeks to increase City spending in the next fiscal year beyond the level
of spending in the current year, it must establish higher real property
tax rates than those for the current year, unless the Mayor’s estimate
of the revenue that the City will receive from other sources in the next
year permits the spending increase at current real property tax levels.
This proposal would further limit year-to-year City spending increases
generally to the rate of inflation as reflected in the regional Consumer
Price Index. The Mayor and the City Council, upon their determination that
it is in the best interest of the City, would jointly be authorized to
exceed that limit for that fiscal year. This proposal would also require
a written explanation for each instance where an increase in City-funded
spending in an agency’s budget exceeds the rate of inflation. This proposal
would also require that fiscal impact statements be issued by the City
Council when it passes home rule requests seeking the enactment of legislation
by the State of New York affecting the City.
Currently, the Charter requires that the City Council
pass local laws and resolutions by a simple majority vote and if the Mayor
vetoes a local law, the City Council may then override this veto by at
least a two-thirds vote. This proposal would require at least a two-thirds
vote of the City Council to pass any local law or resolution to impose
a new tax or increase an existing non-real property tax and, if the Mayor
vetoes such a local law or resolution, a four-fifths vote to override that
veto.
The Commission
on Human Rights
The Charter currently does not contain any provisions
regarding the establishment of a City Commission on Human Rights to protect
civil rights. The Administrative Code provides for such a commission to
enforce the City’s Human Rights Law, which prohibits unlawful discrimination
based on race, color, religion, creed, national origin, alienage, citizenship,
gender, sexual orientation, disability, marital status, age and other protected
classes. This proposal would establish the City’s Commission on Human Rights
as a Charter agency empowered to enforce the provisions of the City’s Human
Rights Law.
Immigrant
Affairs
Currently, neither the Charter nor the Administrative
Code requires the City to protect immigrants’ rights to access City services,
to keep confidential the immigration status of individuals or to have an
office or agency dedicated to immigrant affairs. The City has maintained
such an office and such policies have been in place by executive order.
This proposal would establish the Mayor’s Office of Immigrant Affairs and
Language Services as a Charter agency to assist in the development and
implementation of City policies and programs dedicated to immigrants. This
proposal would incorporate into the Charter protection of immigrants’ rights
to access City services and would authorize the Mayor to promulgate rules
to require City agencies to maintain the confidentiality of immigration
status and other private information.
Special
Elections and Public Advocate
Currently, the Charter provides that, in the event
of a mayoral vacancy, the Public Advocate succeeds to the Office of Mayor
until a general election can be held to fill the vacancy. The Charter also
provides for a nonpartisan special election within sixty days to fill vacancies
in the Offices of Public Advocate, Comptroller, Borough President and City
Council member, with nominations by independent nominating petitions, until
a subsequent party primary and general election are later held to fill
the vacancy. This proposal would provide that a special election be held
within sixty days to fill a mayoral vacancy, similar in format to the procedure
set forth in the Charter to fill vacancies in the Offices of Public Advocate,
Comptroller, Borough President and City Council member, and that in special
elections for the Offices of Mayor, Public Advocate and Comptroller, where
no candidate receives forty percent or more of the vote, the two candidates
receiving the most votes would advance to a run-off election to be held
on the second Tuesday following the special election. This proposal would
also eliminate the Public Advocate’s role to preside over City Council
meetings or to vote in case of a tie and require that a voting member of
the City Council, to be selected in accordance with rules to be promulgated
by the City Council, would preside over City Council meetings. These proposals
on special elections and the Public Advocate would not take effect until
January 1, 2002.
Government
Contracts
Currently, the Charter authorizes the City Council
and Procurement Policy Board, by concurrent action, to establish dollar
limits for “small purchases,” which, although subject to competition,
are subject to less stringent procedures. The current small purchase limits
are $25,000 for goods and services, $50,000 for construction and construction-related
services, and $100,000 for information technology (although on January
1, 2001, the higher limit for information technology will expire and revert
to the $25,000 level). This proposal would raise the small purchase limit
to $100,000 for all procurements.
Currently, the Charter authorizes the City, under
limited circumstances, to procure goods, services and construction without
competition through any agency of the United States or the State of New
York, but does not otherwise provide for the City to procure from, with
or through another governmental entity without competition. This proposal
would authorize such procurements.
Currently, the Charter contains provisions regarding
bid deposit requirements, multi-step sealed proposals, and the debarment
of contractors and requires agencies separately to maintain lists of prequalified
vendors (under which vendors qualify in advance to participate in procurements).
This proposal would eliminate these provisions and permit the Procurement
Policy Board to use its rulemaking authority to address such matters. This
proposal would explicitly authorize a centralized review of vendor integrity,
performance and capability and centralized prequalification. It would eliminate
the requirement that the Mayor approve procurements where prequalified
lists are used.
Reorganizing
City Government
Administration
for Children’s Services. Currently, the Charter provides that
the City Department of Social Services generally performs welfare functions,
including those of child welfare. Pursuant to executive order, an Administration
for Children’s Services (“ACS”) performs functions related
to the care and protection of children. This proposal would establish
ACS as a Charter agency to perform such functions, including the power
to receive and investigate reports of child abuse and neglect, to assist
families at risk by addressing the causes of abuse and neglect, to
provide children and families with day care and preventative services
to avert the impairment or dissolution of families, to place children
in temporary foster care or permanent adoption when preventive services
cannot redress causes of family neglect, to provide pre-school services,
and to ensure that parents who are legally required to provide child
support do so.
Organized
Crime Control Commission. Currently, the Charter does not provide
any agency with centralized jurisdiction over regulatory matters relating
to the influence of organized crime in specific sectors of the economy.
The Administrative Code provides several City agencies with regulatory,
licensing and investigatory powers in connection with public wholesale
food markets, the private carting industry and the shipboard gaming
industry. This proposal would consolidate the jurisdiction of these
several City agencies into a single Organized Crime Control Commission,
which would be one Charter agency.
Department
of Public Health and Mental Hygiene Services. Currently, the
Charter provides for a Department of Health and a Department of Mental
Health, Mental Retardation and Alcoholism Services. This proposal would
consolidate the existing functions of these agencies into a Department
of Public Health and Mental Hygiene Services. That department would
have jurisdiction to regulate all matters and to perform all the functions
that relate to public health in the City, including but not limited
to the mental health, mental retardation, alcoholism and substance
abuse services. This proposal would include provisions that address
mental hygiene services in particular, including preparation of the
budget for such services, creation of a division within the department
to provide such services, and review of such services by the Mayor’s
Office of Operations. The proposal would also require executive coordination
of mental retardation and developmental disability services in the
City through the Mayor’s Office of Operations.
Domestic
Violence Services Coordination. Currently, the Charter does
not contain any provisions regarding City services to prevent domestic
violence, but such services are currently coordinated by a mayoral
commission to combat family violence created by executive order. This
proposal would require executive coordination (through the Mayor’s
Office of Operations) of City services responding to domestic violence.
That office would also be responsible for formulating policies and
programs relating to all aspects of service delivery for victims of
domestic violence.
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