Speaker Adams, Council Members File Advice and Consent Ballot Question with Board of Elections to Appear on November Ballot

Filing is the final procedural action to advance the proposal that modernizes appointment process for voters to decide in the 2024 Election

City Hall, NY - Today, Speaker Adrienne Adams, Council leadership, and Council Members filed the advice-and-consent ballot question with the New York City Board of Elections via the City Clerk, completing the final step for the proposal to appear on the November 2024 General Election ballot. The law (Int. 908-A) was adopted after the Council passed it in a near-unanimous, bipartisan vote of 46-4 on June 6, and it will now be subject to voter approval on Election Day.

Council Members urged that New York City voters' right to vote on the proposal, deciding whether 20 additional agency commissioners should require advice-and-consent of the Council, be respected. Specifically, they called for the Mayor's Charter Revision Commission to avoid rushing to develop new proposals that change the City's constitution for the 2024 General Election to block New Yorkers from exercising their democratic right to vote on the existing advice-and-consent proposal.

The proposed language submitted for the ballot question can be found here.

"Advice-and-consent is a foundational pillar of democracy and New York City is out of step with cities and states across the nation that maintain this process to protect the public's interests against the abuse of power within our government," said Speaker Adrienne Adams. "The Council is filing the ballot question for voters to decide on the advice-and-consent law in this November's General Election, so voters can exercise their democratic right to vote on this existing proposal. The Mayor's Charter Revision Commission should refrain from blocking New Yorkers' ability to decide on advice-and-consent by rushing to create new proposals, because that would be undemocratic. Advice-and-consent strengthens representative democracy and government by ensuring we have the most qualified and ethical commissioners to effectively deliver the services that New Yorkers deserve."

Advice-and-consent is a well-established safeguard of democracy to ensure government prioritizes the public interest rather than those of individuals. It has long been used in many of the nation's cities, as well as most state governments and the federal government, making New York City an outlier. Advice-and-consent can strengthen the city's government and representative democracy by ensuring that the appointments for agency commissioners are based on qualifications and the public's interests, rather than political loyalty or other motivations.

The Council's advice-and-consent proposal takes an incremental approach, expanding the process to an additional 20 agency commissioners of more than 80 positions of a similar level appointed by the Mayor. The additional positions to be covered by advice-and-consent include the leaders of the departments of Health, Housing Preservation and Development, Parks, Sanitation, and Transportation. There are over 70 mayoral appointments that currently require advice-and-consent of the Council.

The advice-and-consent bill was introduced on May 23 and the Mayor's Charter Revision Commission held its first meeting on May 29. The Mayor's Commission has yet to produce final proposals and has established a schedule of less than two months of meetings to review the entire City Charter and propose changes to it. However, the law that authorizes the Commission allows it to operate until Election Day of 2025, providing ample time to conduct a thorough constitutional review and develop thoughtful proposals for next year's General Election. In contrast, the last Charter Revision Commission in 2019 operated for nearly eight months to review the Charter and advance proposals to the ballot.

"The City Council's advice-and-consent authority is nothing new," said Deputy Speaker Diana Ayala. "Advice-and-consent on mayoral appointments ensures that qualified and capable individuals are chosen to work on behalf of all New Yorkers. To ensure that city governance has the necessary checks and balances to promote public trust and integrity, the Mayor's Charter Revision Commission should leave this matter to the voters in November and not make any decisions to prevent from the voters from making their voices heard."

"The rushed 2024 Charter Revision Commission (CRC) process, aiming for an August 5th deadline, denies New Yorkers adequate review time, especially for expanding advice-and-consent in appointing city commissioners," said Majority Leader Amanda Farías. "We call for a thorough, democratic process with extensive public feedback, using the time until the 2025 General Election for comprehensive review and engagement. The City Council and I urge the CRC not to rush and to respect voters' rights."

"Advice-and-consent is a safeguard of democratic government established by the founders of this country's democracy to protect the public's interest against those of individuals," said Majority Whip Selvena N. Brooks-Powers. "Circumventing voters' right to decide on the Council's proposal to expand advice-and-consent is undemocratic. I urge the Mayor's Commission to uphold the democratic process and allow New Yorkers to vote on the existing advice-and-consent proposal that voters are set to decide in the 2024 General Election."

"Advice-and-consent empowers the public and empowers voters, and that's why the Council believes in it so strongly," said Council Member Justin Brannan. "There's no reason why good government should be hostile. Advice-and-consent makes the Council stronger, which ultimately makes the people stronger. That's why we must put this ballot question out for the public to decide."

"Advice-and-consent safeguards a balance of power in our government and ensures that qualified individuals are selected for important public service positions," said Council Member Carlina Rivera. "This is a common policy in municipal governments across the country, and the expansion of advice-and-consent locally will advance transparency and accountability."

"Last year, more than 4.5 million New Yorkers went to the polls to cast their vote and decide who should represent them in government, including their City Council member. They tasked us with passing legislation to address major issues facing our communities, ensuring the city has a budget that prioritizes the needs of our most marginalized, and using the full powers of the Council to make our City a fair and just place for everyone," said Council Member Crystal Hudson, Co-Chair of the Black, Latino, and Asian Caucus. "And that means holding this administration accountable to ensure agency leads are doing what needs to be done to address any inequities our constituents experience. There's a reason nearly every other jurisdiction does this already - from cities like Los Angeles or Chicago to states like New York to Congress. There's no reason the people who run our city agencies shouldn't be accountable to the public. The Charter Revision Commission must allow the Council's advice-and-consent law on the November ballot and step back from interfering with the will of the people."

"It's important for New Yorkers to know that this bill will make government better," said Council Member Sandy Nurse, Co-Chair of the Progressive Caucus. "Giving the Council advice-and-consent powers for high level appointments to city agencies ensures that we have competent, qualified, and collaborative leaders running this city. It is going to create a better environment where the Council and the Administration have positive, productive working relationships that ultimately leads to better outcomes for New Yorkers.

"Advice-and-consent already exists for other major cities, and this ballot proposal will help New York City can catch up to speed with our peers across the nation." said Council Member Carmen De La Rosa, Co-Chair of the Women's Caucus. "As Council Members, public engagement is paramount to the work we do every day for our constituents. For a process as complex and significant as revising the city's charter, we need to ensure that public engagement is robust and real. The Mayor's Charter Revision Commission should not rush this process and obstruct New Yorkers' right to vote on the existing advice-and-consent proposal, which strengthens public engagement in the appointment process of city agencies' leaders."

"In 2019, the Charter Revision Commission passed by referendum advice-and-consent for the corporation counsel, and it has proven to be valuable," said Council Member Gale Brewer. "There is no reason other agencies shouldn't go through the same process. Other major cities, like Los Angeles and Chicago, have been using advice-and-consent for many years. When you have extra public scrutiny, you end up with the best people."

"Commissioners serve our entire city, not just one person," said Council Member Shaun Abreu. "Advice-and-consent does not impede the Mayor's ability to appoint commissioners-it simply moves the process out of the shadows and allows for greater transparency and public engagement in the nominating process. It's the democratic thing to do-and it is the right thing to do if we want New Yorkers to know and trust the leaders that serve them."

"The Council's role is to be a check on the executive, to ensure that the people are heard and that handpicked appointments and political favoritism are not the currency of city government," said Council Member Alexa Avilés. "It's time to leave this Tammany Hall-era style of operating behind that relies too heavily on making political appointments based on fealty to the Mayor and personal aspirations alone. It's standard practice in many places to have legislatures weigh in on executive appointments, ranging from governments in Albany to D.C. Advice-and-consent is a meaningful step toward transparency and accountability, and I applaud this Council's efforts to have New Yorkers across the five boroughs have their say at the ballot box this November."

"This November, voters will have the opportunity to participate in the Democratic process and allow their voices to be heard, if this administration will allow them to," said Council Member Chris Banks. "Advice-and-consent is not about diluting the power of the Mayor, but ensuring that the duly elected officials of our city have a say in ensuring the best choices are made for 20 of the City's key leadership positions. The New York City Council is a co-equal branch of government to the administration and attempts to diminish that equality do a disservice to our city. I stand with my colleagues in the Council who have voted to ensure that co-equality of government is protected, that the voices of our city's voters are not disenfranchised, and advice-and-consent is written into the New York City Charter."

"Government is for the people, by the people," said Council Member Eric Dinowitz. "No agency is above scrutiny from the people they are supposed to serve. The legislation is not to put more power in the hands of the City Council, but so that the Council can amplify the opinions of the public on executive decisions that have long been outside of its purview. It will uphold an open transparency throughout our city's government offices to a thorough and consistent standard that applies to more of our city government. I commend Speaker Adams on her continued advocacy for this legislation and look forward to allowing voters the option of more transparency and oversight."

"I'm proud to join Speaker Adams in implementing advice-and-consent requirements - which will ensure New Yorkers have a say in who leads the agencies that serve them," said Council Member Oswald Feliz. "This will bring much needed transparency and accountability to some of the most important functions of city government. I applaud the Speaker and my Council colleagues for leading on this issue."

"The Council's advice-and-consent law was created to safeguard the integrity and to enhance the efficiency of city government agencies and protect the public interest of city residents," said Council Member Jim Gennaro. "Recognizing the need for more transparency in the selection of agency commissioners, the New York City Council overwhelming voted to pass Intro 908A, but this administration is trying to thwart this law by keeping NYC residents from voting on advice-and-consent powers. I am proud to stand alongside my colleagues in the Council to urge the Charter Revision Commission to step back from its cynical mission to block advice-and-consent from reaching the ballot. Allow the people decide on advice-and-consent on this year's November ballot!"

"Checks and balances are an essential part of effective governance," said Council Member Shahana Hanif. "I am proud to have sponsored and voted yes on the passage of Speaker Adrienne Adams's Intro. 908, which would allow the City Council to vet more Mayoral appointments and ensure they are able to perform critical municipal roles. I strongly oppose Mayor Eric Adams's attempt to obstruct the democratic process through his sham Charter Revision Commission. It is time to let the voting public decide on this measure."

"Transparent appointments ensure that agency heads will meet the needs of New Yorkers," Council Member Shekar Krishnan. "Advice-and-consent moves the appointment process for agency commissioners out of the shadows. It ensures greater public transparency, qualified and accountable appointments, and provides an opportunity for the public to hear about the range of issues Commissioners will be expected to address. We urge the Mayor to empower New Yorkers with the right to vote on this crucial ballot initiative this November."

"Advice-and-consent leads to more competent and more ethical leaders of critically important City agencies," said Council Member Lincoln Restler. "I am proud to support the Speaker's legislation to bring accountability to the people tasked with running our City. Now, the Mayor's Charter Revision Commission should put the question of advice-and-consent before the voters to make the final decision."

"Revising our city's charter is a serious task; but the Mayor's process has not taken our communities seriously," said Council Member Pierina Sanchez. "In just two months, the Mayor has pushed forward a Charter revision that disregards basic democratic principles of collaboration and co-creation. The intent, it seems, was never to revise our city's 'constitution' in good faith. Instead, the process has been warped to distort the balance of power in the City-to undermine the Council's recent legislation, passed with a veto-proof majority, that would provide common-sense checks and balances on Mayoral appointments. Simply put, New Yorkers deserve better."

"New Yorkers deserve the right to vote on the advice-and-consent expansion proposal this November," said Council Member Althea Stevens. "This proposal is crucial for increasing transparency in appointing Commissioners of city agencies. By expanding public hearings for these appointments, we boost public engagement and ensure that nominees are chosen based on qualifications and commitment to public interest, rather than political loyalty. Such safeguards are standard at the federal level and should be mirrored in New York City. Therefore, the Mayor should not deny New Yorkers the chance to vote on this important proposal."

"Advice-and-consent has been a vital part of our country's history, allowing the Senate to check the President's ability to appoint high-ranking positions from ambassadors to Supreme Court judges. Expanding the City Council's advice-and-consent powers on the city level will bring much-needed transparency and vetting of the Mayor's nominees for city agency's commissioners," said Council Member Julie Won. "This necessary check on the Mayor's power will ensure that we are avoiding nepotism and working together to find qualified commissioners who prioritize the needs of everyday New Yorkers."

###

Public link

Please use the above public link if you want to share this noodl on another website.