S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8749

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  JEFFRIES, WRIGHT, LANCMAN, SPANO,
  CAMARA -- Multi-Sponsored by -- M. of  A.  GOTTFRIED,  HEASTIE,  KOON,
  MOLINARO,  PHEFFER, TOBACCO -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the public officers law and the New York  city  charter,
  in  relation  to  allowing  certain  individuals  to become members of
  community boards in the city of New York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 3 of the public officers law, as
amended by chapter 44 of the  laws  of  1982,  is  amended  to  read  as
follows:
  1. No person shall be capable of holding a civil office who shall not,
at  the time he OR SHE shall be chosen thereto, have attained the age of
eighteen years, except that in the case of youth boards,  youth  commis-
sions  [or],  recreation commissions, OR COMMUNITY BOARDS IN THE CITY OF
NEW YORK only, members of such boards or commissions may  be  under  the
age  of  eighteen years, but must have attained the age of sixteen years
on or before appointment to such youth  board,  youth  commission  [or],
recreation  commission, OR COMMUNITY BOARD IN THE CITY OF NEW YORK, be a
citizen of the United States, a resident of the state, and if  it  be  a
local  office,  a  resident  of  the  political subdivision or municipal
corporation of the state for which he OR SHE shall be chosen, or  within
which  the  electors  electing him OR HER reside, or within which his OR
HER official functions are required to be exercised, or who  shall  have
been  or shall be convicted of a violation of the selective draft act of
the United States, enacted May eighteenth, nineteen  hundred  seventeen,
or the acts amendatory or supplemental thereto, or of the federal selec-
tive  training  and  service  act  of nineteen hundred forty or the acts
amendatory thereof or supplemental thereto.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14210-01-9

              

A. 8749                             2

  S 2. Subdivision a of section 2800 of the New York  city  charter,  as
amended  by  a vote of the people of the city of New York at the general
election held in November of 1989, is amended to read as follows:
  a.  For each community district created pursuant to chapter sixty-nine
there shall be a community board which shall consist  of  (1)  not  more
than  fifty  persons  appointed  by  the borough president for staggered
terms of two years, at least one-half of whom shall  be  appointed  from
nominees  of  the  council  members elected from council districts which
include any part of the community district, and  (2)  all  such  council
members  as  non-voting  members. The number of members appointed on the
nomination of each such council member  shall  be  proportional  to  the
share of the district population represented by such council member. The
city  planning  commission, after each council redistricting pursuant to
chapter two-A,  and  after  each  community  redistricting  pursuant  to
section  twenty-seven hundred two, shall determine the proportion of the
community district's population  represented  by  each  council  member.
Copies  of  such  determinations  shall  be  filed  with the appropriate
borough president, community board, and council member. One-half of  the
members  appointed  to any community board shall serve for a term of two
years beginning on the first day of April in each odd-numbered  year  in
which  they  take  office  and  one half of the members appointed to any
community board shall serve for a term of two  years  beginning  on  the
first day of April in each even-numbered year in which they take office.
Members  shall  serve until their successors are appointed but no member
may serve for more than sixty days after the expiration of  his  or  her
original term unless reappointed by the borough president. Not more than
twenty-five percent of the appointed members shall be city employees. NO
MORE  THAN  TWO  MEMBERS  SHALL  BE  LESS THAN EIGHTEEN YEARS OF AGE. No
person shall be appointed to or remain as a member of the board who does
not have a residence, business, professional or other significant inter-
est in the district. The borough president shall assure adequate  repre-
sentation from the different geographic sections and neighborhoods with-
in  the  community  district.  In  making such appointments, the borough
president shall consider whether the aggregate  of  appointments  fairly
represents all segments of the community. Community boards, civic groups
and  other  community  groups  and  neighborhood associations may submit
nominations to the borough president and to council members.
  S 3. This act shall take effect immediately.