S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4176
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 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:
 
   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-TWO AND EVERY FOURTH YEAR THER-
 EAFTER.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04059-01-1

 S. 4176                             2
 
 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
 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

 S. 4176                             3
 
 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
 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-TWO AND EVERY FOURTH YEAR THEREAFTER. THE POLICE COMMISSION-
 ER 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.

 S. 4176                             4
 
   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
 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.

 S. 4176                             5

   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-
 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.

 S. 4176                             6
 
   §  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
 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.