NY State Senate Bill 2019-S8733

Senate Bill S8733

2019-2020 Legislative Session

Provides that the police commissioner of the city of New York and all other cities with a population of one hundred thousand or more shall be an elected office

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 13, 2020	referred to rules

2019-S8733 (ACTIVE) - Details

See Assembly Version of this Bill:: A10908
Current Committee:: Senate Rules
Law Section:: General City Law
Laws Affected:: Add §18-e, Gen City L; amd §§431 & 1138, add §431-a, NYC Chart; amd §14-102, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4176, A1632
2023-2024: S5546, A6476

2019-S8733 (ACTIVE) - Summary

Provides that the police commissioner of the city of New York and all other cities with a population of one hundred thousand or more shall be an elected office with a four-year term; provides that such office shall be subject to term limits of two terms.

2019-S8733 (ACTIVE) - Sponsor Memo

2019-S8733 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8733
 
                             I N  S E N A T E
 
                               July 13, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1. The general city law is amended by  adding  a  new  section
 18-e to read as follows:
   §  18-E.  ELECTION  OF  POLICE  COMMISSIONER.  1. THE OFFICE OF POLICE
 COMMISSIONER, IN EVERY CITY  WITH  A  POPULATION  OF  GREATER  THAN  ONE
 HUNDRED  THOUSAND BUT LESS THAN ONE MILLION, SHALL BE AN ELECTED OFFICE.
 THE OFFICE OF POLICE  COMMISSIONER  SHALL  BE  ELECTED  AT  THE  GENERAL
 ELECTION IN THE YEAR TWO THOUSAND TWENTY AND EVERY FOURTH YEAR THEREAFT-
 ER.  THE  POLICE COMMISSIONER SHALL HOLD OFFICE FOR A TERM OF FOUR YEARS
 COMMENCING ON THE FIRST DAY OF JANUARY  AFTER  EACH  SUCH  ELECTION  AND
 SHALL  NOT SERVE FOR MORE THAN TWO FULL TERMS IN SUCH OFFICE. THE POLICE
 COMMISSIONER MAY BE REMOVED OR SUSPENDED IN THE SAME MANNER AS THE MAYOR
 OF THE CITY WOULD BE REMOVED OR SUSPENDED.
   2. (A) ANY VACANCY IN THE  OFFICE  OF  POLICE  COMMISSIONER  SHALL  BE
 FILLED BY POPULAR ELECTION, IN THE MANNER SET FORTH IN THIS SUBDIVISION.
 IN  THE EVENT OF A VACANCY IN THE OFFICE OF POLICE COMMISSIONER UNTIL AN
 INTERIM OR PERMANENT SUCCESSOR IS FIRST ELECTED, OR WHENEVER  BY  REASON
 OF SICKNESS, ABSENCE FROM THE CITY OR SUSPENSION FROM OFFICE, THE POLICE
 COMMISSIONER  SHALL  BE  PREVENTED  FROM  ATTENDING TO THE DUTIES OF THE
 OFFICE, AN INTERIM POLICE COMMISSIONER SHALL BE APPOINTED BY THE MAYOR.
   (B) WITHIN THREE DAYS OF THE OCCURRENCE OF A VACANCY IN THE OFFICE  OF
 POLICE  COMMISSIONER, THE MAYOR SHALL PROCLAIM THE DATE FOR THE ELECTION
 OR ELECTIONS REQUIRED BY THIS SUBDIVISION, PROVIDE NOTICE OF SUCH  PROC-
 LAMATION TO THE CITY CLERK AND THE BOARD OF ELECTIONS AND PUBLISH NOTICE
 THEREOF.  AFTER  THE PROCLAMATION OF THE DATE FOR AN ELECTION TO BE HELD
 PURSUANT TO PARAGRAPHS (E) AND (F) OF THIS SUBDIVISION, THE  CITY  CLERK
 SHALL  PUBLISH NOTICE THEREOF NOT LESS THAN TWICE IN EACH WEEK PRECEDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16651-02-0

 S. 8733                             2
 
 THE DATE OF SUCH ELECTION IN NEWSPAPERS DISTRIBUTED WITHIN THE CITY, AND
 THE BOARD OF ELECTIONS SHALL MAIL NOTICE OF SUCH ELECTION TO ALL  REGIS-
 TERED VOTERS WITHIN THE CITY.
   (C)  IF  A  VACANCY OCCURS DURING THE FIRST THREE YEARS OF THE TERM, A
 GENERAL ELECTION TO FILL THE VACANCY FOR THE REMAINDER OF THE  UNEXPIRED
 TERM  SHALL  BE HELD IN THE YEAR IN WHICH THE VACANCY OCCURS, UNLESS THE
 VACANCY OCCURS AFTER THE LAST DAY ON WHICH AN OCCURRING VACANCY  MAY  BE
 FILLED  AT THE GENERAL ELECTION IN THAT SAME YEAR WITH PARTY NOMINATIONS
 OF CANDIDATES FOR SUCH ELECTION BEING MADE AT  A  PRIMARY  ELECTION,  AS
 PROVIDED  IN SECTION 6-116 OF THE ELECTION LAW. IF SUCH A VACANCY OCCURS
 IN ANY YEAR AFTER SUCH LAST DAY, IT SHALL BE FILLED FOR THE REMAINDER OF
 THE UNEXPIRED TERM  AT  THE  GENERAL  ELECTION  IN  THE  FOLLOWING  YEAR
 PROVIDED,  HOWEVER,  THAT NO GENERAL ELECTION TO FILL A VACANCY SHALL BE
 HELD IN THE LAST YEAR OF THE TERM, EXCEPT AS PROVIDED IN  PARAGRAPH  (J)
 OF  THIS  SUBDIVISION.  PARTY  NOMINATIONS  OF  CANDIDATES FOR A GENERAL
 ELECTION TO FILL A VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM SHALL
 BE MADE AT A PRIMARY ELECTION, EXCEPT AS PROVIDED IN  PARAGRAPH  (F)  OF
 THIS SUBDIVISION.
   (D) IF A SPECIAL OR GENERAL ELECTION TO FILL THE VACANCY ON AN INTERIM
 BASIS  HAS NOT BEEN PREVIOUSLY HELD PURSUANT TO PARAGRAPHS (E), (G), (H)
 AND (I) OF THIS SUBDIVISION, THE PERSON ELECTED TO FILL THE VACANCY  FOR
 THE  REMAINDER  OF  THE  UNEXPIRED TERM AT A GENERAL ELECTION SHALL TAKE
 OFFICE IMMEDIATELY UPON QUALIFICATION AND SHALL  SERVE  UNTIL  THE  TERM
 EXPIRES.  IF  A  SPECIAL  OR  GENERAL ELECTION TO FILL THE VACANCY ON AN
 INTERIM BASIS HAS BEEN PREVIOUSLY HELD, THE PERSON ELECTED TO  FILL  THE
 VACANCY  FOR  THE  REMAINDER OF THE UNEXPIRED TERM AT A GENERAL ELECTION
 SHALL TAKE OFFICE ON JANUARY FIRST OF THE YEAR  FOLLOWING  SUCH  GENERAL
 ELECTION AND SHALL SERVE UNTIL THE TERM EXPIRES.
   (E)  IF  A VACANCY OCCURS DURING THE FIRST THREE YEARS OF THE TERM AND
 ON OR BEFORE THE LAST DAY IN THE THIRD YEAR OF  THE  TERM  ON  WHICH  AN
 OCCURRING  VACANCY MAY BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM
 AT A GENERAL ELECTION WITH PARTY  NOMINATIONS  OF  CANDIDATES  FOR  SUCH
 ELECTION  BEING MADE AT A PRIMARY ELECTION, AS PROVIDED IN SECTION 6-116
 OF THE ELECTION LAW, A SPECIAL OR GENERAL ELECTION TO FILL  THE  VACANCY
 ON  AN  INTERIM BASIS SHALL BE HELD, UNLESS THE VACANCY OCCURS LESS THAN
 NINETY DAYS BEFORE THE NEXT PRIMARY ELECTION AT WHICH PARTY  NOMINATIONS
 FOR  A GENERAL ELECTION TO FILL THE VACANCY MAY BE MADE AND ON OR BEFORE
 THE LAST DAY ON WHICH AN OCCURRING VACANCY MAY BE FILLED FOR THE REMAIN-
 DER OF THE UNEXPIRED TERM AT THE GENERAL ELECTION IN THE  SAME  YEAR  IN
 WHICH  THE  VACANCY OCCURS WITH PARTY NOMINATIONS OF CANDIDATES FOR SUCH
 ELECTION BEING MADE AT A PRIMARY ELECTION, AS PROVIDED IN SECTION  6-116
 OF THE ELECTION LAW.
   (F)  IF  A  VACANCY OCCURS AFTER THE LAST DAY IN THE THIRD YEAR OF THE
 TERM ON WHICH AN OCCURRING VACANCY MAY BE FILLED FOR  THE  REMAINDER  OF
 THE  UNEXPIRED  TERM AT A GENERAL ELECTION IN EACH YEAR WITH PARTY NOMI-
 NATIONS OF  CANDIDATES  FOR  SUCH  ELECTION  BEING  MADE  AT  A  PRIMARY
 ELECTION, AS PROVIDED IN SECTION 6-116 OF THE ELECTION LAW, BUT NOT LESS
 THAN  NINETY  DAYS BEFORE THE DATE OF THE PRIMARY ELECTION IN THE FOURTH
 YEAR OF SUCH TERM, A SPECIAL OR GENERAL ELECTION TO  FILL  SUCH  VACANCY
 FOR THE REMAINDER OF THE UNEXPIRED TERM SHALL BE HELD.
   (G)  ELECTIONS  HELD PURSUANT TO PARAGRAPH (E) OR (F) OF THIS SUBDIVI-
 SION SHALL BE SCHEDULED IN THE FOLLOWING MANNER: A SPECIAL  ELECTION  TO
 FILL THE VACANCY SHALL BE HELD ON THE FIRST TUESDAY AT LEAST EIGHTY DAYS
 AFTER  THE  OCCURRENCE  OF  THE VACANCY, PROVIDED THAT THE MAYOR, IN THE
 PROCLAMATION REQUIRED BY PARAGRAPH (B) OF THIS SUBDIVISION, MAY SCHEDULE
 SUCH ELECTION FOR ANOTHER DAY NO MORE THAN TEN DAYS AFTER  SUCH  TUESDAY

 S. 8733                             3
 
 AND NOT LESS THAN SEVENTY-FIVE DAYS AFTER SUCH PROCLAMATION IF THE MAYOR
 DETERMINES  THAT  SUCH  RESCHEDULING  IS NECESSARY TO FACILITATE MAXIMUM
 VOTER PARTICIPATION; EXCEPT THAT:
   (I)  IF  THE  VACANCY OCCURS BEFORE AUGUST SEVENTEENTH IN ANY YEAR AND
 THE FIRST TUESDAY AT LEAST EIGHTY  DAYS  AFTER  THE  OCCURRENCE  OF  THE
 VACANCY  IS  LESS  THAN NINETY DAYS BEFORE A REGULARLY SCHEDULED GENERAL
 ELECTION, THE VACANCY SHALL BE FILLED AT SUCH GENERAL ELECTION;
   (II) IF THE VACANCY OCCURS BEFORE AUGUST SEVENTEENTH IN ANY  YEAR  AND
 THE  FIRST  TUESDAY  AT  LEAST  EIGHTY  DAYS AFTER THE OCCURRENCE OF THE
 VACANCY IS AFTER A REGULARLY SCHEDULED  GENERAL  ELECTION,  THE  VACANCY
 SHALL BE FILLED AT SUCH GENERAL ELECTION; AND
   (III) IF THE VACANCY OCCURS ON OR AFTER AUGUST SEVENTEENTH IN ANY YEAR
 AND  THE  FIRST TUESDAY AT LEAST EIGHTY DAYS AFTER THE OCCURRENCE OF THE
 VACANCY IS AFTER, BUT LESS THAN THIRTY DAYS AFTER, A REGULARLY SCHEDULED
 GENERAL ELECTION, THE VACANCY SHALL BE FILLED AT A SPECIAL  ELECTION  TO
 BE HELD ON THE FIRST TUESDAY IN DECEMBER IN SUCH YEAR.
   (H)  ALL  NOMINATIONS FOR ELECTIONS TO FILL VACANCIES HELD PURSUANT TO
 PARAGRAPHS (E) AND (F) OF THIS SUBDIVISION SHALL BE BY INDEPENDENT NOMI-
 NATING PETITION. A SIGNATURE ON AN INDEPENDENT NOMINATING PETITION  MADE
 EARLIER  THAN  THE DATE OF THE PROCLAMATION REQUIRED BY PARAGRAPH (B) OF
 THIS SUBDIVISION SHALL NOT BE COUNTED.
   (I) A PERSON ELECTED TO FILL A VACANCY IN THE  OFFICE  OF  THE  POLICE
 COMMISSIONER  AT  AN  ELECTION  HELD  PURSUANT  TO PARAGRAPH (E) OF THIS
 SUBDIVISION SHALL TAKE OFFICE IMMEDIATELY UPON QUALIFICATION  AND  SERVE
 UNTIL  DECEMBER  THIRTY-FIRST OF THE YEAR IN WHICH THE VACANCY IS FILLED
 FOR THE REMAINDER OF THE UNEXPIRED TERM PURSUANT  TO  PARAGRAPH  (C)  OF
 THIS  SUBDIVISION.  A  PERSON ELECTED TO FILL A VACANCY IN THE OFFICE OF
 THE POLICE COMMISSIONER AT AN ELECTION HELD PURSUANT TO PARAGRAPH (F) OF
 THIS SUBDIVISION SHALL TAKE OFFICE IMMEDIATELY  UPON  QUALIFICATION  AND
 SERVE UNTIL THE TERM EXPIRES.
   (J)  IF  A VACANCY OCCURS LESS THAN NINETY DAYS BEFORE THE DATE OF THE
 PRIMARY ELECTION IN THE LAST YEAR OF THE TERM, THE PERSON ELECTED AT THE
 GENERAL ELECTION IN SUCH YEAR FOR THE NEXT SUCCEEDING  TERM  SHALL  TAKE
 OFFICE  IMMEDIATELY  UPON  QUALIFICATION  AND  FILL  THE VACANCY FOR THE
 REMAINDER OF THE UNEXPIRED TERM.
   § 2. Section 431 of the New York city charter is amended  to  read  as
 follows:
   §  431.   Department; commissioner. a. There shall be a police depart-
 ment the head of which shall be the police  commissioner  who  shall  be
 [appointed  by  the  mayor and shall, unless sooner removed, hold office
 for a term of five years.
   b. Whenever in the judgment of the mayor or the  governor  the  public
 interests  shall so require, the commissioner may be removed from office
 by either, and shall be ineligible for reappointment thereto.
   c. Whenever a vacancy shall occur in the office of police  commission-
 er,  a  police  commissioner  shall be appointed by the mayor within ten
 days thereafter] ELECTED AT THE GENERAL ELECTION IN THE YEAR  TWO  THOU-
 SAND  TWENTY  AND  EVERY FOURTH YEAR THEREAFTER. THE POLICE COMMISSIONER
 SHALL HOLD OFFICE FOR A TERM OF FOUR YEARS COMMENCING ON THE  FIRST  DAY
 OF  JANUARY  AFTER EACH SUCH ELECTION. A POLICE COMMISSIONER WHO RESIGNS
 OR IS REMOVED FROM OFFICE PRIOR TO THE COMPLETION OF A FULL  TERM  SHALL
 BE  DEEMED  TO  HAVE  HELD  THAT  OFFICE FOR A FULL TERM FOR PURPOSES OF
 SECTION ELEVEN HUNDRED THIRTY-EIGHT OF THE CHARTER.
   B. ANY VACANCY IN THE OFFICE OF POLICE COMMISSIONER SHALL BE FILLED BY
 POPULAR ELECTION, IN THE MANNER SET FORTH IN THIS  SUBDIVISION.  IN  THE
 EVENT OF A VACANCY IN THE OFFICE OF POLICE COMMISSIONER UNTIL AN INTERIM

 S. 8733                             4
 
 OR  PERMANENT SUCCESSOR IS FIRST ELECTED, OR WHENEVER BY REASON OF SICK-
 NESS, ABSENCE FROM THE  CITY  OR  SUSPENSION  FROM  OFFICE,  THE  POLICE
 COMMISSIONER  SHALL  BE  PREVENTED  FROM  ATTENDING TO THE DUTIES OF THE
 OFFICE, AN INTERIM POLICE COMMISSIONER SHALL BE APPOINTED BY THE MAYOR.
   1.  WITHIN  THREE DAYS OF THE OCCURRENCE OF A VACANCY IN THE OFFICE OF
 POLICE COMMISSIONER, THE MAYOR SHALL PROCLAIM THE DATE FOR THE  ELECTION
 OR  ELECTIONS REQUIRED BY THIS SUBDIVISION, PROVIDE NOTICE OF SUCH PROC-
 LAMATION TO THE CITY CLERK AND THE BOARD OF ELECTIONS AND PUBLISH NOTICE
 THEREOF IN THE CITY RECORD. AFTER THE PROCLAMATION OF THE  DATE  FOR  AN
 ELECTION  TO BE HELD PURSUANT TO PARAGRAPHS FOUR AND FIVE OF THIS SUBDI-
 VISION, THE CITY CLERK SHALL PUBLISH NOTICE THEREOF NOT LESS THAN  TWICE
 IN  EACH WEEK PRECEDING THE DATE OF SUCH ELECTION IN NEWSPAPERS DISTRIB-
 UTED WITHIN THE CITY, AND THE BOARD OF ELECTIONS SHALL  MAIL  NOTICE  OF
 SUCH ELECTION TO ALL REGISTERED VOTERS WITHIN THE CITY.
   2.  IF  A  VACANCY  OCCURS DURING THE FIRST THREE YEARS OF THE TERM, A
 GENERAL ELECTION TO FILL THE VACANCY FOR THE REMAINDER OF THE  UNEXPIRED
 TERM  SHALL  BE HELD IN THE YEAR IN WHICH THE VACANCY OCCURS, UNLESS THE
 VACANCY OCCURS AFTER THE LAST DAY ON WHICH AN OCCURRING VACANCY  MAY  BE
 FILLED  AT THE GENERAL ELECTION IN THAT SAME YEAR WITH PARTY NOMINATIONS
 OF CANDIDATES FOR SUCH ELECTION BEING MADE AT  A  PRIMARY  ELECTION,  AS
 PROVIDED  IN SECTION 6-116 OF THE ELECTION LAW. IF SUCH A VACANCY OCCURS
 IN ANY YEAR AFTER SUCH LAST DAY, IT SHALL BE FILLED FOR THE REMAINDER OF
 THE UNEXPIRED TERM  AT  THE  GENERAL  ELECTION  IN  THE  FOLLOWING  YEAR
 PROVIDED,  HOWEVER,  THAT NO GENERAL ELECTION TO FILL A VACANCY SHALL BE
 HELD IN THE LAST YEAR OF THE TERM, EXCEPT AS PROVIDED IN PARAGRAPH  NINE
 OF  THIS  SUBDIVISION.  PARTY  NOMINATIONS  OF  CANDIDATES FOR A GENERAL
 ELECTION TO FILL A VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM SHALL
 BE MADE AT A PRIMARY ELECTION, EXCEPT AS PROVIDED IN PARAGRAPH  FIVE  OF
 THIS SUBDIVISION.
   3.  IF A SPECIAL OR GENERAL ELECTION TO FILL THE VACANCY ON AN INTERIM
 BASIS HAS NOT BEEN PREVIOUSLY HELD PURSUANT  TO  PARAGRAPHS  FOUR,  SIX,
 SEVEN  AND  EIGHT  OF  THIS  SUBDIVISION, THE PERSON ELECTED TO FILL THE
 VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM AT  A  GENERAL  ELECTION
 SHALL  TAKE  OFFICE IMMEDIATELY UPON QUALIFICATION AND SHALL SERVE UNTIL
 THE TERM EXPIRES.  IF A SPECIAL OR GENERAL ELECTION TO FILL THE  VACANCY
 ON AN INTERIM BASIS HAS BEEN PREVIOUSLY HELD, THE PERSON ELECTED TO FILL
 THE  VACANCY  FOR  THE  REMAINDER  OF  THE  UNEXPIRED  TERM AT A GENERAL
 ELECTION SHALL TAKE OFFICE ON JANUARY FIRST OF THE YEAR  FOLLOWING  SUCH
 GENERAL ELECTION AND SHALL SERVE UNTIL THE TERM EXPIRES.
   4. IF A VACANCY OCCURS DURING THE FIRST THREE YEARS OF THE TERM AND ON
 OR  BEFORE THE LAST DAY IN THE THIRD YEAR OF THE TERM ON WHICH AN OCCUR-
 RING VACANCY MAY BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM AT  A
 GENERAL  ELECTION WITH PARTY NOMINATIONS OF CANDIDATES FOR SUCH ELECTION
 BEING MADE AT A PRIMARY ELECTION, AS PROVIDED IN SECTION  6-116  OF  THE
 ELECTION  LAW,  A  SPECIAL OR GENERAL ELECTION TO FILL THE VACANCY ON AN
 INTERIM BASIS SHALL BE HELD, UNLESS THE VACANCY OCCURS LESS THAN  NINETY
 DAYS  BEFORE  THE NEXT PRIMARY ELECTION AT WHICH PARTY NOMINATIONS FOR A
 GENERAL ELECTION TO FILL THE VACANCY MAY BE MADE AND ON  OR  BEFORE  THE
 LAST  DAY  ON WHICH AN OCCURRING VACANCY MAY BE FILLED FOR THE REMAINDER
 OF THE UNEXPIRED TERM AT THE GENERAL ELECTION IN THE SAME YEAR IN  WHICH
 THE  VACANCY  OCCURS  WITH  PARTY  NOMINATIONS  OF  CANDIDATES  FOR SUCH
 ELECTION BEING MADE AT A PRIMARY ELECTION, AS PROVIDED IN SECTION  6-116
 OF THE ELECTION LAW.
   5.  IF  A  VACANCY  OCCURS AFTER THE LAST DAY IN THE THIRD YEAR OF THE
 TERM ON WHICH AN OCCURRING VACANCY MAY BE FILLED FOR  THE  REMAINDER  OF
 THE  UNEXPIRED  TERM AT A GENERAL ELECTION IN EACH YEAR WITH PARTY NOMI-

 S. 8733                             5
 
 NATIONS OF  CANDIDATES  FOR  SUCH  ELECTION  BEING  MADE  AT  A  PRIMARY
 ELECTION, AS PROVIDED IN SECTION 6-116 OF THE ELECTION LAW, BUT NOT LESS
 THAN  NINETY  DAYS BEFORE THE DATE OF THE PRIMARY ELECTION IN THE FOURTH
 YEAR  OF  SUCH  TERM, A SPECIAL OR GENERAL ELECTION TO FILL SUCH VACANCY
 FOR THE REMAINDER OF THE UNEXPIRED TERM SHALL BE HELD.
   6. ELECTIONS HELD PURSUANT TO PARAGRAPH FOUR OR FIVE OF THIS  SUBDIVI-
 SION  SHALL  BE SCHEDULED IN THE FOLLOWING MANNER: A SPECIAL ELECTION TO
 FILL THE VACANCY SHALL BE HELD ON THE FIRST TUESDAY AT LEAST EIGHTY DAYS
 AFTER THE OCCURRENCE OF THE VACANCY, PROVIDED THAT  THE  MAYOR,  IN  THE
 PROCLAMATION REQUIRED BY PARAGRAPH ONE OF THIS SUBDIVISION, MAY SCHEDULE
 SUCH  ELECTION  FOR ANOTHER DAY NO MORE THAN TEN DAYS AFTER SUCH TUESDAY
 AND NOT LESS THAN SEVENTY-FIVE DAYS AFTER SUCH PROCLAMATION IF THE MAYOR
 DETERMINES THAT SUCH RESCHEDULING IS  NECESSARY  TO  FACILITATE  MAXIMUM
 VOTER PARTICIPATION; EXCEPT THAT
   (A)  IF  THE  VACANCY OCCURS BEFORE AUGUST SEVENTEENTH IN ANY YEAR AND
 THE FIRST TUESDAY AT LEAST EIGHTY  DAYS  AFTER  THE  OCCURRENCE  OF  THE
 VACANCY  IS  LESS  THAN NINETY DAYS BEFORE A REGULARLY SCHEDULED GENERAL
 ELECTION, THE VACANCY SHALL BE FILLED AT SUCH GENERAL ELECTION;
   (B) IF THE VACANCY OCCURS BEFORE AUGUST SEVENTEENTH IN  ANY  YEAR  AND
 THE  FIRST  TUESDAY  AT  LEAST  EIGHTY  DAYS AFTER THE OCCURRENCE OF THE
 VACANCY IS AFTER A REGULARLY SCHEDULED  GENERAL  ELECTION,  THE  VACANCY
 SHALL BE FILLED AT SUCH GENERAL ELECTION; AND
   (C)  IF  THE VACANCY OCCURS ON OR AFTER AUGUST SEVENTEENTH IN ANY YEAR
 AND THE FIRST TUESDAY AT LEAST EIGHTY DAYS AFTER THE OCCURRENCE  OF  THE
 VACANCY IS AFTER, BUT LESS THAN THIRTY DAYS AFTER, A REGULARLY SCHEDULED
 GENERAL  ELECTION,  THE VACANCY SHALL BE FILLED AT A SPECIAL ELECTION TO
 BE HELD ON THE FIRST TUESDAY IN DECEMBER IN SUCH YEAR.
   7. ALL NOMINATIONS FOR ELECTIONS TO FILL VACANCIES  HELD  PURSUANT  TO
 PARAGRAPHS  FOUR  AND  FIVE  OF THIS SUBDIVISION SHALL BE BY INDEPENDENT
 NOMINATING PETITION. A SIGNATURE ON AN INDEPENDENT  NOMINATING  PETITION
 MADE EARLIER THAN THE DATE OF THE PROCLAMATION REQUIRED BY PARAGRAPH ONE
 OF THIS SUBDIVISION SHALL NOT BE COUNTED.
   8.  A  PERSON  ELECTED  TO  FILL A VACANCY IN THE OFFICE OF THE POLICE
 COMMISSIONER AT AN ELECTION HELD PURSUANT  TO  PARAGRAPH  FOUR  OF  THIS
 SUBDIVISION  SHALL  TAKE OFFICE IMMEDIATELY UPON QUALIFICATION AND SERVE
 UNTIL DECEMBER THIRTY-FIRST OF THE YEAR IN WHICH THE VACANCY  IS  FILLED
 FOR  THE  REMAINDER  OF  THE UNEXPIRED TERM PURSUANT TO PARAGRAPH TWO OF
 THIS SUBDIVISION. A PERSON ELECTED TO FILL A VACANCY IN  THE  OFFICE  OF
 THE  POLICE  COMMISSIONER AT AN ELECTION HELD PURSUANT TO PARAGRAPH FIVE
 OF THIS SUBDIVISION SHALL TAKE OFFICE IMMEDIATELY UPON QUALIFICATION AND
 SERVE UNTIL THE TERM EXPIRES.
   9. IF A VACANCY OCCURS LESS THAN NINETY DAYS BEFORE THE  DATE  OF  THE
 PRIMARY ELECTION IN THE LAST YEAR OF THE TERM, THE PERSON ELECTED AT THE
 GENERAL  ELECTION  IN  SUCH YEAR FOR THE NEXT SUCCEEDING TERM SHALL TAKE
 OFFICE IMMEDIATELY UPON QUALIFICATION  AND  FILL  THE  VACANCY  FOR  THE
 REMAINDER OF THE UNEXPIRED TERM.
   §  3.  The  New  York  city charter is amended by adding a new section
 431-a to read as follows:
   § 431-A. REMOVAL OF POLICE COMMISSIONER. THE POLICE  COMMISSIONER  MAY
 BE  REMOVED  OR SUSPENDED IN THE SAME MANNER AS PROVIDED IN THIS CHARTER
 WITH RESPECT TO THE MAYOR.
   § 4. Section 1138 of the New York city charter, as amended by  section
 1  of  question 1 of local law number 60 of the city of New York for the
 year 2010, is amended to read as follows:
   § 1138. Term Limits. a. Notwithstanding any provision to the  contrary
 contained  in this charter, no person shall be eligible to be elected to

 S. 8733                             6
 
 or serve in the office of mayor, public advocate,  comptroller,  borough
 president [or], council member OR POLICE COMMISSIONER if that person had
 previously  held  such  office  for  two or more consecutive full terms,
 unless  one  full  term  or more has elapsed since that person last held
 such office.
   b. Notwithstanding any other provision to the contrary, no  local  law
 may  be enacted by the city council, including but not limited to amend-
 ment of the provisions of this chapter, if such local law would alter or
 permit alteration of the term limit set forth in this  section  as  such
 limit  applies to any person then serving in the office of mayor, public
 advocate, comptroller, borough president [or], council member OR  POLICE
 COMMISSIONER.
   c. Severability. If any provision of this section, or any provision of
 paragraph one of subdivision [k] (K) of section eleven hundred fifty-two
 OF  THIS  CHARTER  relating to the application of this section, shall be
 held invalid or ineffective in whole or in part or inapplicable  to  any
 person or situation, such holding shall not affect, impair or invalidate
 the  remainder  of  this  section  and  such  paragraph,  and  all other
 provisions thereof shall nevertheless be separately and fully  effective
 and the application of any such provision to other persons or situations
 shall not be affected.
   §  5.  The  opening  paragraph of section 14-102 of the administrative
 code of the city of New York is amended to read as follows:
   Until otherwise provided by the [mayor,  upon  the  recommendation  of
 the]  POLICE  commissioner,  the  police force in the police department,
 shall consist of the following ranks of members, to wit:
   § 6. This act shall take effect immediately.

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