The proposal would make the following changes to
the Charter in areas related to government
administration and accountability.
The City’s Administrative Justice System -
Currently, Administrative Law Judges and Hearings
Officers who preside over cases in the City’s
administrative tribunals are generally not subject
to a uniform code of professional conduct. This
proposal authorizes the Mayor to issue rules
governing the professional conduct and training and
development of the City’s Administrative Law Judges
and Hearing Officers.
In addition, these Administrative Law Judges and
Hearing Officers currently conduct thousands of
administrative hearings annually in a variety of
specialized tribunals, many of which are housed at
specific agencies. There is no centralized mechanism
to coordinate the operational policies and
management practices of these tribunals. The
proposal would create the new position of
Coordinator of Administrative Justice, in the Office
of the Mayor, to coordinate such policies and
practices.
Finally, the proposal would expand the authority
of the Department of Consumer Affairs (DCA) to hear
more cases in its own tribunal. Currently, DCA
cannot adjudicate many of the violations it issues
in that tribunal. Instead, DCA has to take legal
action in the State Courts. The proposal would
authorize the Department to: (1) conduct
administrative hearings to adjudicate violations of
any law within the Department’s jurisdiction; and
(2) impose civil penalties of up to $500 per
violation (except to the extent that penalties are
otherwise provided).
Penalties for Violations of the City’s Ethics
Laws - The City’s ethics law, known as the
Conflicts of Interest Law, is enforced by the
Conflicts of Interest Board (COIB). The proposal
raises the maximum penalty allowed from $10,000 to
$25,000. COIB would continue to have discretion in
determining the appropriate penalty. In addition,
the proposal authorizes COIB to commence a civil
forfeiture action to recover moneys from those who
have profited from a violation of the law.
Voter Assistance Commission - The Voter
Assistance Commission (VAC) facilitates voter
registration. Currently, VAC is comprised of sixteen
members: the Public Advocate, the Budget Director,
the Corporation Counsel, the President of the Board
of Education, the Chair of the Campaign Finance
Board, the First Deputy or another Deputy Mayor; the
Executive Director of the Board of Elections; six
members of the public appointed by the Council and
three appointed by the Mayor. The chair is elected
by the members from the membership. Appointed
members serve for a term of three years. On
recommendation of the Mayor, VAC appoints the
Coordinator of Voter Assistance.
The proposal reduces VAC from sixteen to seven
members. Of the seven members, five (one from each
borough) would be appointed by the Mayor with the
advice and consent of the Council, one would be
appointed by the Council Speaker in consultation
with the Mayor, and the Public Advocate would also
serve. One of the appointed members would be
designated to serve as chair by the Mayor, in
consultation with the Speaker of the Council.
Appointed members would serve for four-year terms.
The Coordinator of Voter Assistance would be
appointed by the Mayor with the advice and consent
of the Council.
The Preliminary Mayor’s Management Report
- The Preliminary Mayor’s Management Report (PMMR)
reports on the performance of City government in the
first four months of each fiscal year. It is
followed by a final Mayor’s Management Report (MMR)
that evaluates the full fiscal year. The proposal
eliminates the requirement that the City produce a
PMMR.
Effective Date - The proposal would
generally take effect immediately after approval by
the voters. However, the provisions concerning VAC
would take effect on April 1, 2004, after such
approval.
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