STATE OF NEW YORK ________________________________________________________________________ 5546 2023-2024 Regular Sessions IN SENATE March 8, 2023 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 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-four and every fourth year 8 thereafter. The police commissioner shall hold office for a term of four 9 years commencing on the first day of January after each such election 10 and shall not serve for more than two full terms in such office. The 11 police commissioner may be removed or suspended in the same manner as 12 the mayor 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03711-01-3
S. 5546 2 1 thereof. After the proclamation of the date for an election to be held 2 pursuant to paragraphs (e) and (f) of this subdivision, the city clerk 3 shall publish notice thereof not less than twice in each week preceding 4 the date of such election in newspapers distributed within the city, and 5 the board of elections shall mail notice of such election to all regis- 6 tered voters within the city. 7 (c) If a vacancy occurs during the first three years of the term, a 8 general election to fill the vacancy for the remainder of the unexpired 9 term shall be held in the year in which the vacancy occurs, unless the 10 vacancy occurs after the last day on which an occurring vacancy may be 11 filled at the general election in that same year with party nominations 12 of candidates for such election being made at a primary election, as 13 provided in section 6-116 of the election law. If such a vacancy occurs 14 in any year after such last day, it shall be filled for the remainder of 15 the unexpired term at the general election in the following year 16 provided, however, that no general election to fill a vacancy shall be 17 held in the last year of the term, except as provided in paragraph (j) 18 of this subdivision. Party nominations of candidates for a general 19 election to fill a vacancy for the remainder of the unexpired term shall 20 be made at a primary election, except as provided in paragraph (f) of 21 this subdivision. 22 (d) If a special or general election to fill the vacancy on an interim 23 basis has not been previously held pursuant to paragraphs (e), (g), (h) 24 and (i) of this subdivision, the person elected to fill the vacancy for 25 the remainder of the unexpired term at a general election shall take 26 office immediately upon qualification and shall serve until the term 27 expires. If a special or general election to fill the vacancy on an 28 interim basis has been previously held, the person elected to fill the 29 vacancy for the remainder of the unexpired term at a general election 30 shall take office on January first of the year following such general 31 election and shall serve until the term expires. 32 (e) If a vacancy occurs during the first three years of the term and 33 on or before the last day in the third year of the term on which an 34 occurring vacancy may be filled for the remainder of the unexpired term 35 at a general election with party nominations of candidates for such 36 election being made at a primary election, as provided in section 6-116 37 of the election law, a special or general election to fill the vacancy 38 on an interim basis shall be held, unless the vacancy occurs less than 39 ninety days before the next primary election at which party nominations 40 for a general election to fill the vacancy may be made and on or before 41 the last day on which an occurring vacancy may be filled for the remain- 42 der of the unexpired term at the general election in the same year in 43 which the vacancy occurs with party nominations of candidates for such 44 election being made at a primary election, as provided in section 6-116 45 of the election law. 46 (f) If a vacancy occurs after the last day in the third year of the 47 term on which an occurring vacancy may be filled for the remainder of 48 the unexpired term at a general election in each year with party nomi- 49 nations of candidates for such election being made at a primary 50 election, as provided in section 6-116 of the election law, but not less 51 than ninety days before the date of the primary election in the fourth 52 year of such term, a special or general election to fill such vacancy 53 for the remainder of the unexpired term shall be held. 54 (g) Elections held pursuant to paragraph (e) or (f) of this subdivi- 55 sion shall be scheduled in the following manner: A special election to 56 fill the vacancy shall be held on the first Tuesday at least eighty days
S. 5546 3 1 after the occurrence of the vacancy, provided that the mayor, in the 2 proclamation required by paragraph (b) of this subdivision, may schedule 3 such election for another day no more than ten days after such Tuesday 4 and not less than seventy-five days after such proclamation if the mayor 5 determines that such rescheduling is necessary to facilitate maximum 6 voter participation; except that: 7 (i) if the vacancy occurs before August seventeenth in any year and 8 the first Tuesday at least eighty days after the occurrence of the 9 vacancy is less than ninety days before a regularly scheduled general 10 election, the vacancy shall be filled at such general election; 11 (ii) if the vacancy occurs before August seventeenth in any year and 12 the first Tuesday at least eighty days after the occurrence of the 13 vacancy is after a regularly scheduled general election, the vacancy 14 shall be filled at such general election; and 15 (iii) if the vacancy occurs on or after August seventeenth in any year 16 and the first Tuesday at least eighty days after the occurrence of the 17 vacancy is after, but less than thirty days after, a regularly scheduled 18 general election, the vacancy shall be filled at a special election to 19 be held on the first Tuesday in December in such year. 20 (h) All nominations for elections to fill vacancies held pursuant to 21 paragraphs (e) and (f) of this subdivision shall be by independent nomi- 22 nating petition. A signature on an independent nominating petition made 23 earlier than the date of the proclamation required by paragraph (b) of 24 this subdivision shall not be counted. 25 (i) A person elected to fill a vacancy in the office of the police 26 commissioner at an election held pursuant to paragraph (e) of this 27 subdivision shall take office immediately upon qualification and serve 28 until December thirty-first of the year in which the vacancy is filled 29 for the remainder of the unexpired term pursuant to paragraph (c) of 30 this subdivision. A person elected to fill a vacancy in the office of 31 the police commissioner at an election held pursuant to paragraph (f) of 32 this subdivision shall take office immediately upon qualification and 33 serve until the term expires. 34 (j) If a vacancy occurs less than ninety days before the date of the 35 primary election in the last year of the term, the person elected at the 36 general election in such year for the next succeeding term shall take 37 office immediately upon qualification and fill the vacancy for the 38 remainder of the unexpired term. 39 § 2. Section 431 of the New York city charter is amended to read as 40 follows: 41 § 431. Department; commissioner. a. There shall be a police depart- 42 ment the head of which shall be the police commissioner who shall be 43 [appointed by the mayor and shall, unless sooner removed, hold office 44 for a term of five years. 45 b. Whenever in the judgment of the mayor or the governor the public 46 interests shall so require, the commissioner may be removed from office 47 by either, and shall be ineligible for reappointment thereto. 48 c. Whenever a vacancy shall occur in the office of police commission- 49 er, a police commissioner shall be appointed by the mayor within ten 50 days thereafter] elected at the general election in the year two thou- 51 sand twenty-four and every fourth year thereafter. The police commis- 52 sioner shall hold office for a term of four years commencing on the 53 first day of January after each such election. A police commissioner who 54 resigns or is removed from office prior to the completion of a full term 55 shall be deemed to have held that office for a full term for purposes of 56 section eleven hundred thirty-eight of the charter.
S. 5546 4 1 b. Any vacancy in the office of police commissioner shall be filled by 2 popular election, in the manner set forth in this subdivision. In the 3 event of a vacancy in the office of police commissioner until an interim 4 or permanent successor is first elected, or whenever by reason of sick- 5 ness, absence from the city or suspension from office, the police 6 commissioner shall be prevented from attending to the duties of the 7 office, an interim police commissioner shall be appointed by the mayor. 8 1. Within three days of the occurrence of a vacancy in the office of 9 police commissioner, the mayor shall proclaim the date for the election 10 or elections required by this subdivision, provide notice of such proc- 11 lamation to the city clerk and the board of elections and publish notice 12 thereof in the City Record. After the proclamation of the date for an 13 election to be held pursuant to paragraphs four and five of this subdi- 14 vision, the city clerk shall publish notice thereof not less than twice 15 in each week preceding the date of such election in newspapers distrib- 16 uted within the city, and the board of elections shall mail notice of 17 such election to all registered voters within the city. 18 2. If a vacancy occurs during the first three years of the term, a 19 general election to fill the vacancy for the remainder of the unexpired 20 term shall be held in the year in which the vacancy occurs, unless the 21 vacancy occurs after the last day on which an occurring vacancy may be 22 filled at the general election in that same year with party nominations 23 of candidates for such election being made at a primary election, as 24 provided in section 6-116 of the election law. If such a vacancy occurs 25 in any year after such last day, it shall be filled for the remainder of 26 the unexpired term at the general election in the following year 27 provided, however, that no general election to fill a vacancy shall be 28 held in the last year of the term, except as provided in paragraph nine 29 of this subdivision. Party nominations of candidates for a general 30 election to fill a vacancy for the remainder of the unexpired term shall 31 be made at a primary election, except as provided in paragraph five of 32 this subdivision. 33 3. If a special or general election to fill the vacancy on an interim 34 basis has not been previously held pursuant to paragraphs four, six, 35 seven and eight of this subdivision, the person elected to fill the 36 vacancy for the remainder of the unexpired term at a general election 37 shall take office immediately upon qualification and shall serve until 38 the term expires. If a special or general election to fill the vacancy 39 on an interim basis has been previously held, the person elected to fill 40 the vacancy for the remainder of the unexpired term at a general 41 election shall take office on January first of the year following such 42 general election and shall serve until the term expires. 43 4. If a vacancy occurs during the first three years of the term and on 44 or before the last day in the third year of the term on which an occur- 45 ring vacancy may be filled for the remainder of the unexpired term at a 46 general election with party nominations of candidates for such election 47 being made at a primary election, as provided in section 6-116 of the 48 election law, a special or general election to fill the vacancy on an 49 interim basis shall be held, unless the vacancy occurs less than ninety 50 days before the next primary election at which party nominations for a 51 general election to fill the vacancy may be made and on or before the 52 last day on which an occurring vacancy may be filled for the remainder 53 of the unexpired term at the general election in the same year in which 54 the vacancy occurs with party nominations of candidates for such 55 election being made at a primary election, as provided in section 6-116 56 of the election law.
S. 5546 5 1 5. If a vacancy occurs after the last day in the third year of the 2 term on which an occurring vacancy may be filled for the remainder of 3 the unexpired term at a general election in each year with party nomi- 4 nations of candidates for such election being made at a primary 5 election, as provided in section 6-116 of the election law, but not less 6 than ninety days before the date of the primary election in the fourth 7 year of such term, a special or general election to fill such vacancy 8 for the remainder of the unexpired term shall be held. 9 6. Elections held pursuant to paragraph four or five of this subdivi- 10 sion shall be scheduled in the following manner: A special election to 11 fill the vacancy shall be held on the first Tuesday at least eighty days 12 after the occurrence of the vacancy, provided that the mayor, in the 13 proclamation required by paragraph one of this subdivision, may schedule 14 such election for another day no more than ten days after such Tuesday 15 and not less than seventy-five days after such proclamation if the mayor 16 determines that such rescheduling is necessary to facilitate maximum 17 voter participation; except that 18 (a) if the vacancy occurs before August seventeenth in any year and 19 the first Tuesday at least eighty days after the occurrence of the 20 vacancy is less than ninety days before a regularly scheduled general 21 election, the vacancy shall be filled at such general election; 22 (b) if the vacancy occurs before August seventeenth in any year and 23 the first Tuesday at least eighty days after the occurrence of the 24 vacancy is after a regularly scheduled general election, the vacancy 25 shall be filled at such general election; and 26 (c) if the vacancy occurs on or after August seventeenth in any year 27 and the first Tuesday at least eighty days after the occurrence of the 28 vacancy is after, but less than thirty days after, a regularly scheduled 29 general election, the vacancy shall be filled at a special election to 30 be held on the first Tuesday in December in such year. 31 7. All nominations for elections to fill vacancies held pursuant to 32 paragraphs four and five of this subdivision shall be by independent 33 nominating petition. A signature on an independent nominating petition 34 made earlier than the date of the proclamation required by paragraph one 35 of this subdivision shall not be counted. 36 8. A person elected to fill a vacancy in the office of the police 37 commissioner at an election held pursuant to paragraph four of this 38 subdivision shall take office immediately upon qualification and serve 39 until December thirty-first of the year in which the vacancy is filled 40 for the remainder of the unexpired term pursuant to paragraph two of 41 this subdivision. A person elected to fill a vacancy in the office of 42 the police commissioner at an election held pursuant to paragraph five 43 of this subdivision shall take office immediately upon qualification and 44 serve until the term expires. 45 9. If a vacancy occurs less than ninety days before the date of the 46 primary election in the last year of the term, the person elected at the 47 general election in such year for the next succeeding term shall take 48 office immediately upon qualification and fill the vacancy for the 49 remainder of the unexpired term. 50 § 3. The New York city charter is amended by adding a new section 51 431-a to read as follows: 52 § 431-a. Removal of police commissioner. The police commissioner may 53 be removed or suspended in the same manner as provided in this charter 54 with respect to the mayor.
S. 5546 6 1 § 4. Section 1138 of the New York city charter, as amended by section 2 1 of question 1 of local law number 60 of the city of New York for the 3 year 2010, is amended to read as follows: 4 § 1138. Term Limits. a. Notwithstanding any provision to the contrary 5 contained in this charter, no person shall be eligible to be elected to 6 or serve in the office of mayor, public advocate, comptroller, borough 7 president [or], council member or police commissioner if that person had 8 previously held such office for two or more consecutive full terms, 9 unless one full term or more has elapsed since that person last held 10 such office. 11 b. Notwithstanding any other provision to the contrary, no local law 12 may be enacted by the city council, including but not limited to amend- 13 ment of the provisions of this chapter, if such local law would alter or 14 permit alteration of the term limit set forth in this section as such 15 limit applies to any person then serving in the office of mayor, public 16 advocate, comptroller, borough president [or], council member or police 17 commissioner. 18 c. Severability. If any provision of this section, or any provision of 19 paragraph one of subdivision [k] (k) of section eleven hundred fifty-two 20 of this charter relating to the application of this section, shall be 21 held invalid or ineffective in whole or in part or inapplicable to any 22 person or situation, such holding shall not affect, impair or invalidate 23 the remainder of this section and such paragraph, and all other 24 provisions thereof shall nevertheless be separately and fully effective 25 and the application of any such provision to other persons or situations 26 shall not be affected. 27 § 5. The opening paragraph of section 14-102 of the administrative 28 code of the city of New York is amended to read as follows: 29 Until otherwise provided by the [mayor, upon the recommendation of 30 the] police commissioner, the police force in the police department, 31 shall consist of the following ranks of members, to wit: 32 § 6. This act shall take effect immediately.