Report for City Charter Revision
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CITIZENS UNION OF THE CITY OF NEW YORK 2010 CITY CHARTER REVISION RECOMMENDATIONS Increasing Avenues for Participation in Governing and Elections in New York City June 30, 2010 Citizens Union Board of Directors Peter J.W. Sherwin, Chair Ester Fuchs, Ph.D. Julie Menin Luis Garden Acosta, Vice Chair Sally Goodgold Tom Osterman Richard Briffault, Vice Chair Gail Hilson John Proudfit Gena Lovett, Treasurer John R. Horan Bruce Rabb Christina R. Davis, Secretary Robert M. Kaufman Anusha Rasalingam Robert Abrams Ian Kelley Torrance Robinson Nancy Bowe Eric S. Lee Alan Rothstein Gerrard P. Bushell Harold Levy Kenneth Seplow Allan H. Dobrin Ogden N. Lewis Anthony Smith Helena Rose Durst Mark Lieberman Hector Soto Gail Erickson Lillian Rodríguez López Edward C. Swenson Edythe W. First Malcolm MacKay Mark Foggin Anthony Mattia Citizens Union Foundation Board of Directors Peter J.W. Sherwin, Chair Gena Lovett, Treasurer George S. Kaufman Robert Abrams, President Christina R. Davis, Secretary Ogden N. Lewis Judi Rappoport Blitzer, Vice Chair Kenneth Austin Marc D. Norman Gail Erickson, Vice Chair John P. Avlon Luis O. Reyes, Ph.D. Robert M. Kaufman, Vice Chair Lucy Cabrera, Ph.D. Sally Robinson Grace Lyu-Volckhausen, Nicole Gordon Josh Sirefman Vice Chair Ashok Gupta Citizens Union Charter Revision Task Force John Avlon, Chair Tal Golomb Luis Garden Acosta Robert Kaufman Richard Briffault Tony Mattia Gerrard Bushell Douglas Muzzio Richard J. Davis Anusha Rasalingham Barbara Fife Alan Rothstein Ester Fuchs Contributing Citizens Union Municipal Affairs Committee Members Luis Garden Acosta, Co-Chair Ian Kelley Marc Norman John Avlon, Co-Chair Chris Keeley Anna Lou Pickett Kenneth Austin Mark Lieberman Luis Reyes Kristin Connelly Alan Lubliner Torrance Robinson Theresa Doherty Corinne Marcus Ken Seplow Peter Flemming Tony Mattia Hector Soto Mark Foggin Bill Meehan Henry Stern Sally Goodgold Marty Needelman Theresa Toro Ross Graham Anthony Ng David Ward Citizens Union Staff Dick Dadey, Executive Director Alex Camarda, Director of Public Policy & Advocacy Rachael Fauss, Policy & Research Manager Andrea Senteno, Program Manager Jeffrey Aser, Intern Jasper Engel, Intern Sarah Goff, Intern Stephanie Pak, Intern Brandon West, Intern Those listed above include all those who participated in Citizens Union’s process of developing this report and recommendations. It should be noted that the document is a consensus product, so it may not reflect the viewpoints of all participants for every recommendation. CU would like to especially thank Board members John Avlon, Richard Briffault, and Alan Rothstein, for their vital role in contributing to the writing of this report. The 2007 report NYC Government: 1989 and Today completed by the NYU Wagner Capstone Team of Ida Cheng, Jenifer Clapp, Arianne Garza, Liz Oakley, and Gregory Wong was also helpful in providing background information for this report. Appendix A in this report was obtained from NYC Government: 1989 and Today. Citizens Union acknowledges with appreciation its members, donors and board, whose financial contributions made this work on City Charter reform possible. Special thanks to Robert M. Kaufman, whose extraordinary support provided through the Jane and Donald Seymour Kelley Fund of the New York Community Trust reinforced both our spirits and our efforts. Table of Contents I. New York City – 1989 and Today p. 3 II. The History of the City Charter Changes p. 5 III. Executive Summary p. 7 IV. Methodology & Process for Charter Revision Recommendations p. 11 V. Summary Listing of Recommendations p. 12 VI. Key Findings and Recommendations p. 24 a. Ensure Checks and Balances p. 25 i. Enhance the Powers of the Public Advocate and Borough Presidents p. 26 ii. Independent Budgets for the Public Advocate, Borough Presidents and the p. 29 Conflicts of Interest Board iii. Strengthen the Powers of the Civilian Complaint Review Board p. 33 iv. Make Permanent the Commission to Combat Police Corruption p. 35 v. Strengthen Community Boards p. 37 vi. Add Representation to the Franchise and Concessions Review Committee p. 42 vii. Add Representation to the Board of Standards and Appeals p. 44 viii. Strengthen City Council Participation in Development of the City Budget p. 45 b. Open Elections p. 48 i. Establish a “Top-Two” Election System for Municipal Offices p. 49 ii. Require Disclosure of Independent Expenditures p. 57 iii. Increase Ballot Access by Reducing Petitioning Signature Requirements p. 63 iv. Integrate the Voter Assistance Commission Within the Campaign Finance Board p. 64 v. Reform City Council Redistricting p. 66 1 c. Strengthen Accountability p. 67 i. Require Mandatory Referenda for Laws Passed by Voter-Initiated Referendum p. 69 ii. Change Appointments to the Conflicts of Interest Board p. 72 iii. Change Term Limits for City Council and Citywide Officials p. 74 d. Protect Integrity p. 76 i. Ban Council “Lulus” or Legislative Stipends p. 77 ii. Changes to Council Voting on Salary p. 78 iii. Enhance Disclosure of Outside Income Earned by the Council p. 80 iv. Transfer Lobbying Reporting and Enforcement to the Campaign Finance Board p. 83 v. Codify Provisions Enhancing Transparency and Equity of Discretionary Funding p. 85 vi. Reform the Uniform Land Use Review Procedure p. 87 vii. Create a Process to Integrate 197-a Plans into Long-term Planning p. 90 viii. Consider the Creation of an Office of Inspections p. 92 e. Increase Transparency p. 94 i. Reform the Mayor’s Management Report p. 95 ii. Transfer the Responsibilities of the Commission on Public Information and Communication to the Public Advocate’s Office p. 97 iii. Expand Public Access to Government Data, Information and Reports p. 99 VII. Appendix VIII. Footnotes 2 I. NEW YORK CITY – 1989 and TODAY New York was once seen as a city that was ungovernable. In 1988 the City of New York embarked on an ambitious effort to change the form and function of its government. Though New York was a better city in the late 1980s than it was in the mid-1970s, having been pulled out of near bankruptcy with strong fiscal oversight provided by the state and the timely leadership of then Mayor Ed Koch, the City was hampered by a partisan, deal-driven and borough-dominated form of government that gave every borough, regardless of its population, one vote in budget and land use decisions. This arrangement was challenged in the courts and ultimately held by the United States Supreme Court to violate the principle of one person, one vote required by a representative democracy. In response, the City undertook a comprehensive Charter Revision process, and, in 1989, the voters approved a major revision of the structure of city government. New York in 2010 is unrecognizable from what it was in 1989. Then it was a city of 7.3 million residents of which 28% were foreign born1 and 43% were non-Hispanic white.2 Murders numbered an unacceptable 2,262 and robberies were over 100,000.3 The high school graduation rate was an alarming 45%.4 City government had a budget of $24.6 million5 and employed 247,469 workers.6 Today, New York is a city of 8.25 million residents and growing7. Its residents speak as many as 800 different languages8, with 36% of the population foreign born9 and 35% non-Hispanic whites.10 Murders have dropped to a record low of 471, with robberies just under 19,000.11 The high school graduation rate has climbed to 66%.12 The budget of the city government stands at $60 million.13 The New York City Council, previously a body of 35 rather powerless individuals in 1989, was expanded to a body of 51 who have a greater voice in government decision-making which, for the first time in its history, is now comprised of a majority of people of color.14 Our legislators now more closely mirror the demographic makeup of the City’s residents. The significant structural changes brought about by the 1989 city charter revision led to a stronger form of mayoral government balanced by a more representative and increasingly important City Council. The 1989 Charter has largely worked, with a stronger mayor’s office resulting in a city managed more responsibly, problems addressed more thoughtfully, and city services delivered more reliably, as each mayor has better utilized the powers of the office by building upon the experience and work of his predecessor. In doing so, Mayors David Dinkins, Rudolph Giuliani and Michael Bloomberg used this new structural framework to make city government function more effectively. Yet major changes, no matter how successful, bring unintended consequences and there is always room for improvement. Now, with the benefit of twenty years of experience, it is time to update our City Charter and recalibrate the structure it provides for city government and the balance of power among the various elected officials and the New Yorkers they represent. Many New Yorkers feel good about the city in which they live thanks to the way it has been led and managed. It is safer and more economically vibrant. Its schools are improving. Its parks are more plentiful and appealing to use. Its government is more open and accessible and functions more effectively and soundly. An increasingly successful public campaign finance system has opened up pathways for average citizens to have the necessary resources to run for local office which has resulted in a more diverse mix of elected representatives. 3 And yet for a city that is as wealthy and prosperous as New York, revitalization remains elusive for some communities. Affordable housing is still out of reach for far too many New Yorkers as needed development has, in some instances, displaced low and middle-income families from their neighborhoods. The rate of homelessness remains stubbornly high. Our neighborhoods are increasingly threatened by a homogeneity that undercuts the uniqueness that once defined them.