Res. No. 1232
Resolution calling upon the Legislature of the State of New York to amend New York State Public Officers Law to require that a person seeking municipal elective office in the City of New York be a resident of the political subdivision in which he/she is seeking election at least one year immediately preceding the election.
By Council Members Stewart, Avella and Vacca
Whereas, New York State Public Officers Law section 3 outlines the qualifications for holding a civil office in the State of New York (State); and
Whereas, With respect to a municipal office, Public Officers Law section 3 requires a person seeking office to reside within the political subdivision or municipal corporation of the state no later than the time he/she shall be chosen for such municipal office; and
Whereas, In addition, the State Constitution requires a candidate for the office of Governor or member of the State Legislature (Legislature) to reside in the State for a five-year period immediately preceding his/her election;
Whereas, The State Constitution also requires a candidate for the Legislature to be a resident of the respective assembly or senate district for at least twelve months immediately preceding his/her election; and
Whereas, There is no similar one-year or five-year residency requirement for those seeking municipal office in New York City (City); and
Whereas, Similar to the residency requirements applicable to a candidate for the Governor and the Legislature, it is in the best interest of the public and the person seeking City municipal office that there be a one-year residency requirement; and
Whereas, A one-year residency requirement for those seeking municipal office in the City is sound public policy because it would provide the candidate with an opportunity to familiarize him/herself with the specific issues relevant to the political subdivision which he/she is seeking to represent; and
Whereas, Further, a one-year residency requirement would also ensure that the constituents in the respective district have ample time to become acquainted with the candidate seeking to represent them; and
Whereas, Finally, a one-year residency requirement would ensure that only a serious candidate, who has a personal stake in the community he/she is seeking to represent, would seek such municipal office; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the Legislature of the State of New York to amend New York State Public Officers Law to require that a person seeking municipal elective office in the City of New York be a resident of the political subdivision in which he/she is seeking election at least one year immediately preceding the election.
DG
LS #2700
1/24/08