AMENDMENTS PROPOSED TO THE OF THE CITY OF NEW YORK. LIBRARY OF THE UNIVERSITY OF IEMNQK NEW YORK: E . B . TRIPP, PRINTER ANI) STATIONER, 105 Fulton Street, 1873 . REMOTE STORAGE 35 £.074- *7/ NHIc. I <6 73 f 600KSTACKS OFFICE TO THE PUBLIC. \ oO^< The Republican Central Committee ot the City of New York, early in November, appointed a Committee to prepare such drafts oflaws relating to the city as it seemed desirable should be presented to the Legislature. The Committee was composed of Hugh Gardner, George Opdyke, James W. Farr, Thomas Murphy, John J. Town- send, Abraham Lent, William Laimbeer, and George Bliss, Jr. Af- ter devoting a good deal of time to the matter, we perfected a dralt of amendments to the city charter, which seemed to us proper. Anxious to have the benefit of suggestions from all quarters, we consulted successively with many prominent Republicans, and with the Republican members of the Senate and Assembly from the city. We also had an informal conference with Jackson S. Schultz, Dor- man B. Eaton, and Edward Salomon, who were a sub-committee of the Committee on Legislation appointed by the Committee of Seventy. These gentlemen were anxious to ascertain as far as pos- sible the views of our committee, and to induce us to adopt various provisions, while at the same time they were explicit in their statement that they had no authority to bind the Committee of Seventy, and did not intend to commit even themselves. It was therefore arranged that the sub-committee were to prepare a detailed statement of the points which seemed important to them, and were to meet our committee and discuss them. It is understood that, in pursuance of this arrangement, they prepared and privately printed a pamphlet containing twenty-six separate principles or provisions which they desired should be secured in any charter. On submitting it however to the full Committee of Seventy, the whole matter was laid upon the table, so that we were left without any authoritative exposition of the present views of that Committee. We are, how- ever, led to believe that this action was not taken so much because any of the general principles laid down in the pamphlet were dis- approved, as because, by the special efforts of one or two persons, \ 0 1 80 1 6 2 tiie Democratic members of the Committee of Seventy were in- duced to attend the meeting in unusual numbers, .and to override their Committee on Legislation on the plea that they were making an alliance with the Republican party. The Committee on Legis lation therefore resigned, and the Committee of Seventy have, as vet. been unable or unwilling to say what they desire. While therefore we are left without any authoritative representation of the views of the Committee of Seventy, we have adopted in a great measure the views contained in the pamphlet printed by their Sub-Committee. Of its twenty-six general or specific propositions, fifteen are embraced in the proposed amendments, and two more are substantially adopted. Of those not adopted, two are intended to provide a different system for levying taxes from that proposed by us, and look to the interference of the State Government therein; one gives the Governor the power of appointment of one man in certain Departments which cannot consti- tutionally be done, except under a Metropolitan system; two look to the introduction of some form of minority or proportional represen- tion, while one or two others relate to matters of detail. Indeed it. may be said that the only points of importance upon which we differ from the sub-committee of the Committee of Seventy, are that we do not in- troduce minority representation ; that we give the appointment of heads of Department to the Mayor and Aldermen, instead of to the Mayor alone ; that we do not provide for a Spring election ; that we coniine the preparation of the “ tax levy ” to municipal officers in- stead of conferring any authority over it upon State officers, and that we do not at once remove from office the four heads of Department who have been appointed since the Reform movement gained the ascendancy. We have not recommended minority or proportional representa- tion or cumulative voting, though some of us are, as a principle, its friends, because we were unanimously of opinion that in view of the doubts which had been suggested as to its constitutionality, the matter should be left for the consideration of the Constitutional Commission, now in existence. While a Spring election has in theory many advantages, in practice it is found that, besides being expensive, it does not draw out a full vote, nor does it give us better officers than a fall election. With reference to the appointment of heads of Departments, we have seen no reason to change the system which prevailed prior to the Ring Charter of 1870, of requiring the 3 Mayor’s nominations to be confirmed by the Board of Aldermen, in analogy to the Constitution of the United States. The Aldermen, being elected upon a general ticket, represent the whole people as ■ much as the Mayor, and the character of the present Board warrants us in believing that when the people give us a good Mayor they will i also give us a good Board of Aldermen. When this is the case, we : can see no reason why they should not all have a voice in the selec- 1 tion of heads of Departments. As to the tax levy, we prefer i: to keep it wholly away from Albany. The Comptroller, Com- missioner of Public Works, President of the Department of ' Parks, and the Corporation Counsel have all been appointed under the influence of the Reform sentiment, have in public opinion done well, and we have not deemed it right to remove them. We have omitted everything relating to public instruction arid to the county and judicial officers, as not properly belonging to a city charter. We have deemed it not advisable to reenact those provisions of r the present charter, which seemed to us good, but have proceeded by way of amendment, carefully framing our changes, however, so that there can be no reasonable dotibt of the meaning of the whole instrument. Acting as Republicans, we have not pretended to be indifferent to the wishes or interests of that party. At the same time we have rejected all mere partisan devices, and have introduced many of the provisions contained in the charter proposed by the Committee of ’ Seventy last year. We do not expect to satisfy every/me or to escape criticism ; for municipal government is a subject upon which every 1 one deems that he has a right to have an opinion and to differ from his , neighbor. We ask, however, any one who is disposed to judge our work harshly, to examine for himself, and see if in fact he does | not approve a much larger portion of it than he disapproves. We also ask those who are disposed to oppose our work, to remember that any amendments to. the charter of the City are to come from a Legislature, in which the party we, in a sense, represent is in a large j majority. We ask also that it be remembered that the obvious recourse for the hangers-on of the Ring to pursue in order to prevent | any reform, is, while keeping in the background themselves, to stir 4 up good citizens, to object to any proposed measure, on the ground that it is defective in this or that respect, or does not carry out some theoretic ideas. We also ask them to remember that even the representatives of Reform may have among them selfish persons, who are usually the most busy, and that to such a winter at Albany, with a full treasury to draw upon and offices for themslves to be se- cured, has its attractions, if they can claim to be acting as the pecu- liar representatives of Reform. The prominent features of the amendments proposed by us, are the abolition of the Board of Assistant Aldermen, assigning the duties of Supervisors to the Aldermen without extra compensation ; cutting off all clerks and subordinates of the Supervisors, making the heads of all the Departments, other than the Finance, Public W orks, and Law and Docks, consist of only three persons, instead of five as is the case now, thus reducing the aggregate number of heads of de- partment from thirty-seven to thirty, and saving in the salaries of the heads of Departments alone, not less than $174,000, or including the Aldermen, 219 000. By the abolition of the Assistant Aldermen, and reducing the expenses of the Aldermen, Supervisors and Mayor, a further saving of not less than $158,000 is effected. All officers includ- ing the Chamberlain, are required to pay over all fees and interest to the treasury, which will give to the city at least $500,000 more. The Aldermen, and the heads of Department are to go out of office in classes and not at the same time. The whole bu- siness of advertising is regulated by the establishment of the City Record, whereby we believe hundreds of thousands of dollars will be saved. Abundant provision is made for securing the publicity of all acts of every department of the City Government. The prepara- tion of the tax levy is confided to city officers, who will, from the nature of their offices, be likely to be careful in authorizing expenses. All matters of Finance are confided to the Finance Department, by which all payments are to be made, and where all vouchers are to be filed. The heads of Department are, within their appropriations, given control of the salaries and duties of their subordinates. The system of allowing every department a separate counsel and attorney is abolished. The Building Department and Fire Marshal’s bureau are transferred to the Fire Department, where from the nature of their duties they belong. A list of all officers is required to be pub- lished once a year, and changes are to be published as soon as made. 5 A step is taken in the direction of civil service reform by requiring, whenever a subordinate is removed, that a statement be tiled of the cause of removal. Various other changes are indicated by the notes to the several sections. The amendments are submitted for discussion. They will be presented to the Legislature at its opening, and as soon as the committees are appointed they will be asked to take up and act upon them. In the meantime suggestions and criticisms are invited By order of the Committee, HUGH GARDNER, Chairman . GEORGE BLISS, Jr., Secretary. & CHARTER AMENDMENTS. In order that the connection and effect of the proposed amend- ments may he fully understood, an abstract is given in their proper order, within brackets, of the purport of the sections left unchanged, while in the cases of the sections amended, the amendments are pointed out by notes or by italics. Where, however, an amendment is merely verbal this is not done. The proposed amendments are printed in larger type than the remainder. An Act to amend Chapter one hundred and thirty-seven of the Laws of eighteen hundred and seventy, entitled “An Act to reorganize the local government of the City of New’ York,” and ' the several amendments thereof, and further to provide for the Government of the City of New York. The People of the State of New York represented in Senate and Assembly do enact as follows: [Section 1 is unchanged. It is the general declaration of the corporate name and powers of the City.] § 1. Section tw r o of the Act entitled “ An Act to reorganize the local government of the City of New York,” passed April fifth, eighteen hundred and seventy, is hereby amended so as to read as follows : “ § 2. The legislative powers of the said corporation shall be vest- ed in a Board of Aldermen. The Board of Assistant Aldermen is hereby abolished, and the Board of Aldermen shall solely possess the powers and perform all the duties by law conferred or imposed upon the Board of Aldermen, the Board of Assistant Aldermen, the Common Council, or any one or more of them.” The amendment to this section consists in the abolition of the Board of As- sistant Aldermen. Apart from the fact that this change effects an annual saving- in expense of $108,000, we believe that recent experience shows that the Board of Assistant Aldermen exercises no beneficial check upon the action of the Aldermen. We have endeavored to secure, in other ways, proper deliberation in legislation by the Board of Aldermen. [Sections, 3, 4 and 5 are in form not amended, but are substantially superseded by the amendments to sections 2 and 6.] 7 § 2. Section six of said act is hereby amended so as to read as follows : “ g 6. The Board of Aldermen now in office shall hold office until the expiration of the term for which they were elected on the first Monday of January, which will be in the year eighteen hundred and seventy-five. There shall be fifteen Aldermen elected at the General State Election, which will occur in the year eighteen hundred and seventy-four, five of whom shall be elected to serve one year, five for two years and five for three years. AW shall be voted for upon one ballot, but the respective terms of the persons voted for shall be designated thereon. They shall take office on the first Monday of January next succeeding their election, at noon. An- nually thereafter, at the General State Election there shall be elected five Aldermen who shall take office on the first Monday of January next succeeding their election, and hold office for three years.” The change consists in extending the terms of the Aldermen, after those now in office, from two to three years, and providing for their election by classes. § 3. Section seven of said act is hereby amended so as to read as follows v “ § 7. In case a vacancy shall occur in the Board of Aldermen, it shall be filled by the nomination by the Mayor and the confirmation by the Board of Aldermen of some proper person, who shall serve until the next general election succeeding the occurrence of a va- cancy. At such election, an Alderman shall be elected to serve for the remainder of the unexpired term.” The change here is in dispensing with a special election to fill vacancies, which is regarded as expensive and useless. [Section 8 is unchanged. It defines what constitutes a quorum.] § 4. Section nine of said act is hereby amended so as to read as follows : “ § 9. The Board of Aldermen (1) shall choose a president from its own members by a viva voce vote , and when once chosen , he can be removed , before the expiration of his term as Alderman , , only by vote of two thirds of all the members elected or appointed. (2.j 8 Appoint a clerk and other officers. (3.) Determine the rules of its own proceedings. (4.) Be the judge of the returns of election, and the right of election, and the qualifications of its members ; sub- ject , however , to the decision of any Court of competent juris- diction. (5.) Keep a journal of its proceedings. (6.) Sit with open doors. (7.) Have the authority to compel the attendance of absent members, and to punish its members for disorderly behavior, and to expel any member with the concurrence of two thirds of the mem- bers elected or appointed. But no member shall sit or act as a magistrate in any judicial proceeding,” The change here consists in the addition of the words in italics. Also in omitting a clause allowing secret sessions of the Board, and in depriving the Aldermen of judicial powers. As the subsequent amendments give the Presi- dent large powers, it is thought that he should not be removable by a mere majority. [Sections 10, li, 12, 18, 14 and 15 are unchanged, except as affected by the amendment to section 16. Section 10 deprives an expelled alderman of his powers ; 1 1 gives the Board power to fix its meetings ; 12, 13, 14 and 15 relate to the mode of passing ordinances.] § 5. Section sixteen of said act is hereby amended so as to read as follows : 16. The Board shall, after ten days, and within fifteen days after such ordinance or resolution shall have been so returned, pro- ceed to reconsider and vote upon the same, and if the same shall, within such time, be again passed by the votes of at least two t hirds of all the members elected and appointed thereto, it shall take effect. But if the ordinance or resolution shall fail to receive within such time such number of affirmative votes , it shall be deemed finally lost. In all cases, the vote shall be taken by ayes and noes, and the names of the persons voting for or against its passage, on such reconsidera- tion, shall be entered in the journal of the Board. In case an ordi- nance or resolution shall embrace more than one distinct subject , the Mayor may approve the provisions relating to one or more subjects , and disapprove the others. In such case, those which he shall ap- prove shall become effective , and those which he shall not approve shall be reconsidered by the Board, and shall only become effective if again passed as above provided! The change is, beside the insertion of the words in italics, in requiring two thirds instead of three fourths to pass a resolution over the Mayor’s veto. The changes are taken substantially from the charter proposed by the Committee of Seventy last year. 21 § 22. Section forty-two of said act is hereby amended so as to read as follows : “§42. There shall be a Bureau in this Department, the chief officer o winch shall be called the Corporation Attorney, and a Bureau, the chief officer of which shall be called the Public Administrator. Such chief officers shall not receive to their own use any fees or emoluments m addition to their salaries, and they shall pay into the treasury all costs and commissions received by them from any source whatever. All actions to recover penalties for a violation of any law or ordi- nance shall be brought in the name of the Mayor, Aldermen and Commonalty of the City of New York, and not in that of any De- partment, and shall be conducted by the Corporation Attorney sub- ject to the control of the Corporation Counsel.” by T the C rShf oftte^Cer 1 the ‘° TCXatioU8 suits “d tion as to which recent legislation had raised a doubt ' SetUes a ques ’ § 24. Section forty-four of said act is hereby amended so as to read as follows: § “ 44. The Police Force shall be appointed by said Board, and shall be composed of a Superintendent and three Inspectors, and as many Captains of Police, Sergeants of Police, Patrolmen and Door men of Police, and as many clerks and employes of the Police as the Board of Police may from time to time determine, and the funds appropriated allow, except that the number of Patrolmen shall not be increased in any one year more than fifty beyond the number au- thorized the previous year. The Board of Police may appoint not 22 exceeding eight Surgeons of Police. They shall detail from the force, to be under the direction of the Mayor, not exceeding six Patrolmen.” The amendment consists in limiting the number of Police Surgeons to eight, in allowing a limited annual increase of Patrolmen to keep up with the growth of the City, and in diminishing the number of Patrolmen placed’at the Mayor’s disposal from twenty to six. § 25. Section forty-five of said act is hereby amended so as to read as follows : “§ 45. Members of the Police force shall be removable only after written charges shall have been preferred against them, aud after the charges have been examined into, upon such kind of notice to the person charged, and in such manner of examination as the rules and regulations of the Board of Police may prescribe. The clerks and employes shall be appointed and removed at pleasure, by the Board of Police.” The change makes the Superintendent and Surgeons of Police removable only lish language, or who shall not have resided within the City and State one year.” The amendment defines more carefully the qualifications of patrolmen. § 27. Section forty-nine of said act is hereby amended so as to read as follows : “ § 49. The Board of Police may, upon an emergency or appre- hension of riot, tumult, mob, insurrection, pestilence or invasion, appoint as many special patrolmen without pay from among the cit- izens as it may deem desirable. The Mayor may, under similar cir- cumstances, demand the assistance of the military of the first divis- ion, or of any brigade, regiment, or company thereof, by order in writing served upon the commanding ofticer of such division and such commanding ofticer shall obey such order.” The amendment gives the right to call in the military to the Mayor instead of to the Board of Police as now. [Sections 50 and 51 relate to details of police government, and are un- changed.] § 28. Section fifty-two of said act is hereby repealed. This section relates to providing station-houses, and is superseded by other sections. [Sections 53, 54, 55, 56 and 57 are unchanged. They relate to details of po lice government.] § 29. Section fifty-eight of said act is hereby amended so as to read as follows : “§ 58. No person holding office under this department shall be liable to militar 24 missed on the pension roll of the Police Life Insurance Fund, and allow him an annual retiring pension not exceeding in amount one half the annual salary or compensation of such office. And the said Board may, in like manner, dismiss from office in said depart- ment or force, any patrolman, and place the person so dismissed upon the said pension roll, and allow him an annual retiring pension of not exceeding four hundred dollars. But no such captain, ser- geant, surgeon or patrolman shall be so dismissed from office and placed on the pension roll except at his own request in writing, unless due notice is given him of the intention so to dismiss ; nor unless it shall be certified to the Board by two of the police surgeons that he is, in their opinion, permanently, mentally or physically incapacitated from duty as such captain, sergeant, surgeon or patrolman ; nor unless the said Board shall concur in such opinion ; nor unless the nature and origin of such incapacity shall be stated in the resolution so dismissing him. Any patrolman so dis- missed may be required, under penalty of loss of his pension, to perform duty as attendant in the civil or criminal courts, or as mes- senger in any department. The amendment limits the power to retire members of the police force, by defining the mode and causes. A practice has grown up, under a law of 1871, 31 § 43. Section 94 of said Act is hereby amended so as to read as follows : ‘*§ 94. The Department of Public Parks shall control and manage all public parks and public places, which are the realty ol the City of New York, except the buildings in the City Hall Park.” The amendment gives this Board control of all Parks, instead of those above Canal street only, as originally provided. § 44. Section ninety-five of said Act is hereby amended so as to read as follows : “§ 95. This department shall be under the charge of a Board to consist of three members, who, except those first appointed, shall hold their offices for three years, unless sooner removed as herein provided.” The amendment consists in reducing the number of members from five to three, and their terms from five years to three years. [Section 96 is unchanged. It relates to the powers of the Department of Parks.] 32 proposed amendment to Section 82. The amendment here proposed restores the old Croton Board, but avoids the confusion formerly existing from having two separate Departments each authorized to turn up the streets. § 46. Section 98 of said act is hereby amended so as to read as follows : ‘‘ § 98. The Board of Commissioners of 'faxes and Assessments shall consist of three members, who shah possess all the powers and per- form all the duties now possessed and performed by the Commission- ers of Taxes and Assessments. They may regulate and abolish the subordinate offices and bureaus, as shall seem most advantageous to the public service. They shall, except those first appoint- ed, hold their offices for three years, unless sooner removed as herein provided.” Section 98 now relates to the Department of Buildings. As already stated, that is proposed to be abolished. The amendment here proposed makes the Board of Taxes and Asessments a separate Department, whose head is ap- pointed by the Mayor and Aldermen instead of a Bureau appointed by the Comptroller. It reduces the number of Commissioners from five to three. 38 shall, after due notice, fail to attend. In case any work shall be abandoned by any contractor, it shall be readvertised, and relet by the head of the appropriate department, in the manner in this section provided.” Section 104 relates to contracts for work and supplies, and is unchanged ex- cept in not allowing the absence of the Comptroller to prevent the opening of bids. A subsequent section, however, affects it by confining advertising to the City Record and requiring that to be printed under contract. A provision of one of the tax levies exempting abandoned work from the necessity of being again awarded by contract is repealed. [Section 105 relates to details of finance, and is unchanged.] [Section 106 relates to the commissioning of officers, and is unchanged.] § 49. Section 107 of said act is hereby repealed. Section 107 gives the power of appointment to the Comptroller in case of the death of the Mayor. By the amendment to Section 25, that power is pro- posed to be given to the acting Mayor. [Section 108 relates to taking the oath by officers, and is unchanged.] [Section 109 is unchanged. It provides penalties for violation of duty.] § 50. Section 110 of said act is hereby amended so as to read as follows : § 110. “ No officer of the City government shall have or receive to his own use any fees, perquisites, or commissions or any percentage ; but every such officer shall be paid by a fixed salary, and all fees, percentages and commissions received by any such officer shall be the property of the City. And every officer who shall receive any fees, perquisites, commissions or percentages shall, before he sh;dl be entitled to receive any salary, make under oath a detailed return to the Comptroller, showing the amount of all such fees, commis- sions, percentages or perquisites received by him since the last pre- ceding report, the person from whom received, and the reason for its payment, and shall produce the receipt of the Chamberlain showing the payment to him, by said officer, of the aggregate amount thereof. All -sums received for licenses or permits shall be paid over without deduction by the officers or department receiving them to the Cham- berlain.” This amendment for the first time effectually cuts off the retention of fees by any city officer. 5 84 § 51. Section 111 of said act is hereby amended so as to read as follows : § 111. “The salaries of all officers paid from the City Treasury, whose offices are not embraced in any department, shall be fixed by the Board of Apportionment. Such Board may, by a majority vote, reduce any such salaries, but, shall not increase the salary of any office, the compensation of which now exceeds three thousand dollars.” The present section 111, gives power to the Common Council over salaries, so far as they are not now fixed by the Legislature. As power is given by pre- ceding amendments to the Heads of Department to fix the salaries ot their subordinates, so long as they keep within the sum appropriated, the section in its present form is superseded. The amendment is intended to cover the cases of officers who are held not to be embraced technically within any ‘‘ de- partment.” [Section 112 is unchanged. It relates to giving security.] [Section 118 is unchanged. It relates to the reception of bids from defaulters. 1 [Section 114 is unchanged. It relates to bribery of officials.] § 52. Section 115 of said act is hereby amended by adding at the end thereof, the words following : “ If any person in this Section mentioned, shall, during the time for which he was elected or appointed, knowingly acquire an interest in any contract, or work with the city or any Department or officer thereof, unless the same shall be devolved upon him by law, he shall, on conviction thereof, forfeit his office, and be punished as for a mis- demeanor. All such contract s in which any such person is or becomes interested, shall at the option of the Comptroller be forfeited and void. No person in this Section named, shall give or promise to give any portion of his compensation, or any money or valuable thing to any officer of the City, or to any other person in consideration of his having been appointed, elected or employed as such officer, agent, clerk or employe, under the penalty of forfeiting his office and being for ever disqualified from being elected, appointed or employed in the ervice of the City.” The original section relates to the same subject, but as here amended the pro- visions are fuller and more effective. They are taken in substance from the Charter proposed by the Committee of Seventy last year.