Wednesday, July 15, 2009

The New York City Charter

The whole hubbub about whether or not Governor Paterson can appoint a Lieutenant Governor made me wonder: what if the Mayor's office fell vacate? Who takes over then? What's the deal?

From what I understand, the first in line is the Public Advocate. If the Mayor dies, resigns, is removed, or becomes incapacitated at any point during the first three years of a term, the PA takes over for 60 days until a special election can be held. Whoever wins then finishes that term. However, if the Mayor's job is vacated in the fourth year of a term, the PA serves as acting Mayor until the end of that year and term (there's no special election since in that year there's already a regularly scheduled Mayoral election). Also, an acting Mayor does not have the full powers of an elected Mayor (can't appoint or fire people, can't sign bills, etc.). Got it?

However, I took a quick look at the City Charter today and found a confusing clause: apparently, it doesn't have to be the PA who necessarily takes over. It can also be the Comptroller or some other unspecified official. There's all kind of clauses and rules and confusing jargon in here that makes it unclear precisely who becomes acting Mayor and for how long. There's paragraphs of stuff about succession upon a vacancy and a lot of it is contradictory. It's very odd.

To me this seems ridiculous and dangerous since it can create a vacuum and battle for power. Also, holding a special election 60 days after a vacancy creates unneeded political turmoil and makes a proper and smooth transition problematic.

I think this is dumb.

We should revise the City Charter and make it clear: one person, one elected city official (either the PA or Comptroller) should become Mayor upon a vacancy. That person should then complete the end of that term with full mayoral authority.

Either that or a Deputy Mayor should be elected with the Mayor like a VP is with the President or an LG is with the Governor. That way there doesn't have to be an uncomfortable or confusing political situation - for example, if a Democratic PA succeeds a Republican Mayor, the new Dem Mayor might have different policies than the old GOP Mayor. Seems smart to me.

1 comment:

  1. Sir, as per Charter i would like to tell you that if Mayor Position is vacant than Public Advocate takes over as Acting Mayor but if Public advocate Refuses to become Acting Mayor or if Public Advocate position is also vacant then the succession goes to City Controller

    ReplyDelete

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