Int 0063-1998

Be it enacted by the Council as follows: Section 1. Subdivision a of section ten of the New York city charter is hereby amended to read as follows: Sec. 10. Succession a. In case of the suspension of the mayor from office, the mayor's temporary inability to discharge the powers and duties of the office of mayor by reason of sickness or otherwise, or the mayor's absence from the city, the powers and duties of the office of mayor shall devolve upon [the public advocate] the comptroller until the suspension, inability or absence shall cease. While so acting temporarily as mayor [neither the public advocate nor] the comptroller shall not exercise any power of appointment to or removal from office or any power lawfully delegated by the mayor to a deputy mayor before the commencement of such suspension or inability, or before or after the commencement of such absence; and shall not, until such suspension, inability or absence shall have continued nine days, sign, approve or disapprove any local law or resolution, unless the period during which the mayor can act thereon would expire during said nine days in which case [the public advocate or] the comptroller shall have the power to disapprove the same within forty-eight hours before the time to act expires. �2. Subdivision b of section ten of the charter is hereby amended to read as follows: b. In the case of a failure of a person elected as mayor to qualify, or a vacancy in the office caused by the mayor's resignation, removal, death or permanent inability to discharge the powers and duties of the office of mayor, such powers and duties shall devolve upon [the public advocate,] the comptroller or a person selected pursuant to subdivision c of section twenty-eight, in that order of succession, until a new mayor shall be elected as provided herein. If the vacancy shall occur before the twentieth day of September in any year, such vacancy shall be filled in the general election held in that year, otherwise it shall be filled in the general election held in the following year. The term of the person elected mayor shall begin on January first after such election and shall expire on the date when the term of the mayor originally elected would have expired. Upon the commencement of the term of the thus elected mayor, [the public advocate or] the comptroller then acting as mayor shall complete the term of the office to which such person was elected if any remains. �3. Section twenty-two of chapter two of the charter is hereby amended as follows: Sec. 22. Composition of Council. a. The council shall consist of [the public advocate and of] fifty-one [other] members termed council members. Consistent with state law, the size of the council and the number of districts from which council members are elected may be increased by local law without approval pursuant to section thirty-eight. The speaker or his designee shall preside over the meetings of the council. b. One council member shall be elected from each council district as now or hereafter constituted. �4. Section twenty-four of chapter two of the charter is hereby REPEALED. �5. Subdivision (a) of section twenty-six of chapter two of such charter is repealed and subdivisions b and c are relettered a and b respectively. �6. Section forty-four of chapter two of the charter is hereby amended to read as follows: Sec. 44. Speaker. The council shall elect from among its members a speaker and such other officers as it deems appropriate. [During any period when the public advocate is acting as mayor, or when a vacancy exists in the office of the public advocate, the speaker shall be a member of every board of which the public advocate is a member by virtue of his or her office.] �7. This local law shall take effect immediately after approval upon submission to the electorate at the next succeeding general election. Referred to the Committee on Governmental Operations. 00000000- - 00000000- -