This proposal would require additional public notice and time before the City Council votes on laws respecting the public safety operations of the Police, Correction, or Fire Departments. Voting “Yes” will require additional notice and time before the Council votes on laws respecting public safety operations of the Police, Correction, or Fire Departments. Voting “No” leaves laws unchanged.
Citizens Union recommends a NO vote on question 4 proposed by the 2024 Charter Revision Commission.
The procedure taken to arrive at these proposals was rushed and did not provide adequate time to properly deliberate or solicit feedback, resulting in relatively little public input. Many civic groups, including Citizens Union, protested the Commission’s condensed timeline–only two months during the summer and a primary election season– and urged the Commission not to place any proposal before the voters this year. In fact, all Charter Revision Commissions in the past 20 years have worked under longer timeframes.
The result of Charter Revision Commission’s hasty process is a set of proposed revisions that could have been accomplished through the legislative process or simpler executive means. We do not believe any of the proposals presented to voters this year required a referendum. In fact, a number of the proposals add more complications to the Charter, which as the City’s constitution, should be a more streamlined document.
Throughout its long history, Citizens Union has supported periodic comprehensive reviews of the New York City Charter to ensure that city government is operating effectively, efficiently, and in the public’s best interest. Many of our recommendations have been adopted into the City Charter. But we have also repeatedly objected to rushed charter revisions such as this one.
Our position has remained consistent: Revising the city’s constitution should be conducted deliberately and judiciously by engaging a broad spectrum of experts and ordinary New Yorkers. Charter commission process should be deliberate, and not subject to the political jousting between a particular mayor or city council. Commissions should focus on changes that cannot be done legislatively, although not exclusively so, since there can also be meritorious proposals that have stalled in the legislative process.
We have also long held state law governing charter commissions should be reformed to address some of the troubling aspects of the city charter revision process that surfaced this year and in past administrations.
We acknowledge that a goal here was to block the City Council’s proposed expansion of its “advise and consent” authority through its own referendum proposal, in a rushed legislative process we also criticized as inadequate. It would be in the city’s best interest if both branches of City Government avoid using the City’s constitution for political gamesmanship.
Though we find that the inadequacy of this entire process merits a no vote on all five questions, we also believe that questions three, four, and five should be voted down on the merits as well because they are unnecessary to enshrine in our City’s Charter, are being implemented already, or would create more confusion. We believe, however, that, on the merits, the proposals included in questions two and six have positive aspects that should be considered by a Charter Commission and/or the City Council through a more deliberative future process.
Question 4 would require the Council to give notice to the public, the Mayor, and commissioners at least 30 days in advance of votes on laws respecting the public safety operations of the Police, Correction, or Fire Departments. It would also amend the Charter to say that the Mayor or affected commissioners “may” hold public hearings to solicit additional public comment on the bill.
Citizens Union believes this is an unnecessary intrusion of the executive branch into the legislative branch that would add more complications to the lawmaking process and confuse the public.
An analysis of over 1,700 local laws passed in the last decade, conducted by Citizens Union and presented to the Charter Commission, revealed that public safety legislation receives similar public input opportunities as other laws on other issues, and that on average, it takes over nine months for such bills to be voted on by the Council. There is therefore no reason to single out public safety issues from other citywide policy matters, such as education, transportation, or the environment, by assigning to them greater public notice, potentially creating a two-tier system in legislation.
Nor is this proposal needed to provide the mayor and agency heads with the power to call for public hearings; nothing stops them from calling for such hearings now. It is important to note, however, that the executive branch has no formal role in developing legislation. Asking the public to testify before executive offices instead of the elected body that drafts bills would add unnecessary confusion.
Furthermore, the proposal seems crafted to apply to only three city agencies because, as the Charter Revision Commission has noted, they were at the heart of two contested bills last year (the How Many Stops Act and the ban on solitary confinement). We do not believe the Charter-mandated legislative process should be redesigned to respond to specific political disputes. Moreover, there was ample notice time before the vote on those bills and intense public debate over months.
Finally, there are issues involving the drafting of the proposed Charter amendments. It is not clear precisely what type of legislation would trigger the 30-days’ notice requirement, as it applies only to bills relating to the “public safety operations” of the police, fire, and correction departments. That term does not appear anywhere else in the Charter and has not been defined. Furthermore, while the City Council is required to give notice to the “public” before passing a public safety bill, there is no definition of what constitutes such notice. Both issues may spur confusion and litigation.