STATE OF NEW YORK ________________________________________________________________________
8733
IN SENATE
July 13, 2020 ___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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
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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
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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
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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-
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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.