Res. No. 1848

Resolution repealing, adding and amending various rules to the Rules of the Council.

By Council Members Avella and Palma

Section 1.  The Rules of the Council are amended by repealing rule 6.60 entitled “Legislative Drafting Services” and adding a new rule 6.60 to read as follows:

6.60 -  An independent legislative bill drafting commission shall be created for the purpose of:

                     a.  Drafting  or  aiding  in  drafting  or  examining  legislative  bills  and  resolutions  and  amendments  thereto,  upon  request  of  a  member  or  committee;

                         b.  Advising  as  to  the  constitutionality,  consistency  or effect of proposed legislation upon request of a member  or  committee;

                        c.  Undertaking  research  and  examinations  as to any subject of proposed legislation upon request the Council or a  committee;

§2.  The Rules of the Council are amended by amending rule 7.50 b to read as follows:

                     b.  No committee meeting shall be convened on the day of a stated or special meeting of the Council unless the item to be considered by such committee, will, out of necessity, be proposed as a general order for that day and an explanation of such necessity is submitted to each Council Member prior to such committee meeting [or such committee meeting is called with the consent of two-thirds of the members of such committee].

§3.  The Rules of the Council are amended by adding new rules 1.1, 2.71, 6.2(d),  7.31, 7.41, 7.51, 7.61, 7.95, 7.180, 8.5(d), 8.71, 9.160 (c), 11.10 (f) to read as follows:

1.1 - When a stated meeting is adjourned, or otherwise rescheduled by the Council, the notice of such adjournment must include a written explanation for the change.

2.71  - The amount of capital funding agreed upon by the Speaker and the Mayor, as part of the negotiated budget, shall be equally divided amongst each member.  The Speaker will be allowed to reduce the amount to be divided equally amongst each member in order to fund a specific borough-wide or citywide project.  However, any such decision by the Speaker to reduce the amount must be explained in writing to each member.

6.2(d)  - Original prime sponsors of legislation shall be notified, in writing by committee staff and/or the Speaker's legislative staff, of all negotiations with the administration or other interested parties in relation to bills they have sponsored.

7.31 - A Chairperson of any standing committee or subcommittee, in addition to the Speaker, shall place items on the respective committee's agenda for consideration and/or vote.

7.41 -  Each standing committee, and Land Use Subcommittee shall have a legal counsel selected by the respective chairperson, subject to the Speaker’s approval and reporting solely to such chairperson.

7.51 - Committee hearings shall begin within one-half hour of the scheduled time.  If a committee hearing is not started within one-half hour of the scheduled time, the chairperson of the committee must submit a written explanation to each committee member within twenty-four hours stating the reasons for the delay.

7.61  - Committee meetings shall begin within one-half hour of the scheduled time.  If a committee meeting is not started within one-half hour of the scheduled time, the chairperson of the committee must submit a written explanation to each committee member within twenty-four hours stating the reasons for the delay.

7.95  - Any council member may propose an amendment, in writing, to the chairperson  of the appropriate committee concerning any legislation being considered at a hearing before such committee.  The chairperson shall submit such amendment to the committee for consideration.  If the committee votes against such amendment, then a member shall have the right to put forth such an amendment in the manner as set forth in Rule 9.4.

7.180  - Council members are prohibited from accepting trips, both foreign and domestic, paid for by outside organizations/sources.

8.5(d) -All resolutions enacted by the Council shall be sent by the Speaker to the respective government entity, whose action was requested, upon passage of the resolution and all such resolutions shall be incorporated into a yearly legislative package submitted to the respective state and federal governments.  Said resolutions shall remain on the Council’s State or Federal Agenda, where applicable, until such time as the resolution is withdrawn or said action has been acted upon or adopted.

8.71  - Stated meetings shall begin within one-half hour of the scheduled time.  If a stated meeting is not started within one-half hour of the scheduled time, the Speaker must submit a written explanation to each council member within 24 hours stating the reasons for the delay.

9.160(c) - Council members need not ask for permission, from the Public Advocate or the presiding officer, at a stated meeting to explain their vote during a roll call vote of the Council. 

11.10(f)  - Members of the Land Use Committee; Zoning and Franchises; Landmarks, Public Siting and Maritime; and Planning, Dispositions and Concessions Subcommittees shall appear within one-half hour of the scheduled time of a hearing or meeting.  Failure to do so on more than 3 consecutive occasions may result in the removal by the Speaker of the member from the Land Use Committee and/or its Subcommittees. 

Following each hearing or meeting of the Committee and Subcommittee, Counsel to the Committee/Subcommittee shall submit to the Speaker a list of all members who failed to appear within one-half hour of the scheduled time of the hearing or meeting.

                     §4.  This resolution shall take effect immediately.