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Charter Revision ’99
Highlights of the Major Arguments

PRO
Highlights of the Major Arguments

CON


General



General

The Charter Revision Commission conducted an open and thorough review. It held public hearings in each borough. The Commission includes highly-qualified civic leaders, representing varied backgrounds, and has operated in an independent manner. The Commission, chosen by the Mayor, was created in mid-June and did not have enough time to study the effect of its proposals carefully. Hearings were held in mid-summer, when many people were unavailable or not paying close attention.
Having all the proposals contained in one ballot question is reasonable because the proposals are intended to make permanent the successes of the current administration. By including all the proposals in one all-or-nothing question, the Commission is limiting the public’s choices and packaging problematic proposals with popular ones.


PRO

Public Safety



CON

Public Safety

New York City can protect its residents by enacting gun-free school zones and safety lock legislation.

These insignificant proposals may be invalidated because the “gun-free” school zone and safety locks are already covered by federal and state law. The City Council can address any needed improvements.

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PRO

The Budget Process



CON

The Budget Process

The proposal would give the voters an opportunity now to set strict budget rules for the Mayor and the City Council. The proposal would limit future legislatures’ ability to make choices that best serve the public. Power would shift from the City Council to the Mayor.


Surplus



Surplus

The proposal would insure that money from surplus is available to the Mayor and the City Council in case of an emergency and would save money on interest payments. The City has already been putting 100% of its surpluses toward next year’s debt payment. This proposal would limit the City’s ability to find better ways to pay off City debt.


Budget Cap



Budget Cap

An inflation-based cap on City spending would force the Mayor and City Council to use tax dollars more efficiently. They would need to prioritize programs instead of simply spending more. This cap would not necessarily limit government spending, because the Mayor and the City Council together could override the cap. Instead, the cap would shift power away from the City Council to the Mayor, and make the budget process more partisan and political. If the City Council and the Mayor disagreed, the City Council would have no power (as it does now) to override the Mayor.
This proposal would allow the Mayor and the City Council to lift the cap in an emergency or when it is in the best interests of the City to do so. This proposal would make it more difficult for the City to make long-term budget decisions, as when union contracts limit raises in some years and increase them by more than the rate of inflation in other years.
Applying the regional Consumer Price Index as the inflation factor is very reasonable. The Federal Government uses the national C.P.I. to calculate a range of important benefits, including social security. The regional Consumer Price Index measures the prices of goods and services a typical consumer buys, not the prices of the kinds of goods and services the City buys. This proposal also does not identify which of many budget figures would be capped. This will lead to confusion, gimmicks, and litigation.


Taxes



Taxes

It should be very difficult for the government to raise taxes. The proposal would force the City to decide what programs are most important instead of simply raising taxes to pay for more spending. When the City wants to spend more on important programs like education or crime control, the legislature should be able to pass a budget to do so, and the Charter should not make that more difficult.
The people must put strict controls on the City government so that taxes do not rise unduly. Requiring a super-majority of the City Council to approve a tax increase would insure that tax increases are only passed when they are necessary and have strong public support. A handful of City Council members representing a small minority would be able to block public demands for government services. If the Mayor vetoes a tax increase, 11 City Council members would be able to prevent the increase even if the other 40 members support it.
This proposal would deter any tax increases, including on the property tax, which for technical reasons cannot be covered in the proposal. Increased public scrutiny would prevent unfair property tax increases.

Whenever a tax increase is needed, the City Council would be more likely to increase the property tax. The property tax may not be the best way to raise revenue, especially since many people already consider it complicated and unfair.

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PRO

Civil Rights



CON

Civil Rights

Including the Commission on Human Rights and its enforcement powers in the Charter ensures its continued existence, and will make it more difficult for future City leaders to eliminate the Commission, which fights discrimination.

The Commission has been in existence for almost 40 years, with its responsibilities continually increasing, so placing it in the Charter is not necessary. The City Council can evaluate the need for putting the Commission in the Charter and has the power to do so.

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PRO

Immigrant Affairs



CON

Immigrant Affairs

Placing the Mayor’s Office of Immigrant Affairs and Language Services in the Charter helps insure its continued existence to respond to the needs of immigrants. The changing needs of immigrants should be evaluated by the City Council before a permanent bureaucracy is set up.
Allowing all immigrants, regardless whether they are here legally, to use basic City services (such as emergency services, pre-natal care, and education) is a human right of all people, not just citizens. Ensuring confidentiality will encourage immigrants to be tested for communicable diseases, educate their children, and report crimes to the police.

Illegal immigrants should not be able to take advantage of scarce City services. We should ensure that those who are here legally are taken care of first. Allowing illegal immigrants to use these services and ensuring confidentiality may also encourage more illegal immigration.

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PRO

Special Elections to Fill Mayoral Vacancies



CON

Special Elections to Fill Mayoral Vacancies

Voters should be able, as soon as possible after a vacancy in the Mayor’s office occurs, to elect the individual of their choice to fill the highest office in the City. There is no need to limit further the time the Public Advocate serves as acting Mayor in the event of a vacancy. Voters elect a Public Advocate knowing that he or she is next in line for Mayor.
A mayoral vacancy should be filled the same way vacancies in other elected offices are filled, promoting fairness and predictability for the electorate.

The procedure for filling this executive office should enable the next Mayor to govern without being plunged immediately into a campaign. The proposal will create a series of special elections which may decrease voter turnout.

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PRO

Procurement



CON

Procurement

The City takes too long to award contracts. This is bad for the businesses that work with the City and bad for City residents, who deserve faster, more efficient service.

The Procurement Policy Board already has a great deal of authority. Giving it more may not simplify the City’s procurement rules.

The current process for awarding contracts of $25,000 - $100,000 is unnecessarily complicated.

$100,000 is too much money for a City agency to spend with reduced oversight.

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PRO

Government Reorganization



CON

Government Reorganization

Administration for Children’s Services:
Since ACS became independent from the Human Resources Administration, it has made numerous reforms. Including ACS in the Charter would help ensure its continuing existence.

Administration for Children’s Services:
ACS already exists as a free-standing agency. The agency has a short history and needs more time to establish a record of reform. The City Council can evaluate the need for putting ACS in the Charter and has the power to do so.

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PRO

Organized Crime Control Commission:
The formation of an Organized Crime Control Commission would eliminate the overlap in regulatory, investigative, and licensing functions of several agencies. This centralization would enhance coordination of efforts to combat organized crime.

CON

Organized Crime Control Commission:
The City has law enforcement mechanisms in place, including the police department and prosecutors’ offices, to deal with organized crime. It is the new Organized Crime Control Commission that would have overlapping jurisdiction and would replicate functions already performed elsewhere.

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PRO

The Department of Public Health and Mental Hygiene Services:
This merger would result in enhanced coordination and increased access to comprehensive health care. The two separate agencies often treat the same populations, and patients are shuttled between the two.

CON

The Department of Public Health and Mental Hygiene Services:
The creation of a mega-health agency through this merger lumps together public health, mental health, and disability concerns, leaving different populations vulnerable to being overlooked.

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PRO

Coordination of Domestic Violence Services:
Various public and private agencies address the issue of domestic violence. Coordination of family violence services under the Mayor’s Office would increase communication among these agencies and allow for more efficient delivery of services.

CON

Coordination of Domestic Violence Services:
The Mayor’s Commission to Combat Family Violence already coordinates domestic violence services among the private and public sectors.

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Introduction
Official Text
Official Summary
History and Description
Highlights of the Major Arguments
Pro and Con Statements Received from the Public
New York State Ballot Proposal