Government of New York City

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The government of New York City is organized under the City Charter and provides for a "strong" mayor-council system. The mayor is elected to a four-year term and is responsible for the administration of city government. The New York City Council is a unicameral body consisting of 51 members, each elected from a geographic district, normally for four-year terms. The court system consists of two city courts and three state courts.

New York City government employs 325,000 persons, more than any city in the United States and more than all except three U.S. states: California, Texas, and New York.[1] The government is more centralized than that of most other U.S. cities, with the city government being responsible for public education, correctional institutions, libraries, public safety, recreational facilities, sanitation, water supply, and welfare services.[2] New York City's political geography is unique, consisting of five boroughs, each coterminous with one of five counties of New York State. Manhattan is New York County, Queens is Queens County, Brooklyn is Kings County, The Bronx is Bronx County and Staten Island is Richmond County. When New York City was consolidated into its present form in 1898, all previous town and county governments within it were abolished in favor of the present five boroughs and unified, centralized city government.[3] However, each county retains its own district attorney to prosecute crimes, and most of the court system is organized around the counties.

Executive branch[edit]

The executive branch of New York City consists of the Mayor, the Public Advocate, the Comptroller, and numerous departments, boards and commissions. The Mayor also appoints several deputy mayors to head major offices within the executive branch of the city government. The City Record is the official journal published each weekday (except legal holidays) containing legal notices produced by city agencies,[4][5] and regulations are compiled in the Rules of the City of New York.[6]

Mayor[edit]

The Mayor is the chief executive officer of the city and a magistrate,[7][8] appoints and removes all unelected officers and exercise all the powers vested in the city except otherwise provided by law,[9][8] and is responsible for the effectiveness and integrity of city government operations.[8] The mayor is directly elected by popular vote for a four-year term, limited to two terms.[10]

Public Advocate[edit]

The Public Advocate is an elected official with responsibility to ease public relations with the government, investigate complaints regarding city agencies, mediate disputes between city agencies and citizens, serve as the city's ombudsman and advise the mayor on community relations.[11] The Public Advocate is a member of the Council.[12] The Public Advocate stands first in line of succession to the mayoralty.[11]

Comptroller[edit]

The Comptroller conducts performance and financial audits of all city agencies, serves as a fiduciary to the city's five public pension funds totaling nearly $160 billion in assets, provides comprehensive oversight of the city's budget and fiscal condition, reviews city contracts for integrity, accountability and fiscal compliance, manages the fair, efficient and effective resolution of claims against the city, ensures transparency and accountability in the prevailing wage rate-setting process and enforces prevailing wage and living wage laws.[13][14] The Comptroller stands second, after the Public Advocate, in the line to succeed a mayor who has become unable to serve.

Departments[edit]

Further information: List of New York City agencies
  • The Department of Consumer Affairs (DCA) enforces consumer protection laws, licenses businesses, deals with consumer complaints, and participates in consumer education.
    The Municipal Building, home to many city agencies, and one of the largest government office buildings in the world
  • The Department of Cultural Affairs (DCLA) supports New York City's cultural life, such as ensuring adequate public funding for non-profit cultural organizations.
  • The Department of Design & Construction (DDC) builds many of the civic facilities in New York City, and as the city's primary capital construction project manager, provides new or renovated facilities such as firehouses, libraries, police precincts, courthouses and senior centers.
  • The Department of Health & Mental Hygiene (DOHMH) is responsible for public health along with issuing birth certificates, dog licenses, and conducting restaurant inspection and enforcement.
  • The Human Resources Administration (Department of Social Services; HRA/DSS) is the mayoral agency in charge of the majority of the city's social services programs.
  • The Department of Investigation (DOI) is a law enforcement agency that serves as an independent and nonpartisan watchdog for New York City government.
  • The Law Department (Law) is responsible for most of the city's legal affairs.
  • The Department of Parks & Recreation (Parks) is responsible for maintaining the city's parks system, preserving and maintaining the ecological diversity of the city's natural areas, and furnishing recreational opportunities for city's residents and visitors.
  • The Police Department (NYPD) has primary responsibilities in law enforcement and investigation.
  • The Department of Probation (DOP) provides supervision for adults and juveniles placed on probation by judges in the Supreme, Criminal, and Family courts.
  • The Department of Small Business Services (SBS) makes it easier for businesses in New York City to start, operate, and grow by providing free services to business owners, strengthening neighborhoods and commercial districts, and linking employers to a skilled and qualified workforce.
  • The Department of Youth & Community Development (DYCD) supports youth and their families through a range of youth and community development programs, and administers city, state and federal funds to community-based organizations.

Legislative branch[edit]

Main article: New York City Council
New York City Hall, the seat of city government

Legislative power in the City of New York is vested in the New York City Council. Bills passed by a simple majority are sent to the mayor, who may sign them into law. If the mayor vetoes a bill, the Council has 30 days to override the veto by a two-thirds majority vote.

The Council is a unicameral body consisting of 51 Council members, whose districts are defined by geographic population boundaries that each contain approximately 157,000 people. Council members are elected every four years, except that after every census held in years divisible by twenty, districts are redrawn, requiring two consecutive two-year terms, the second of which is held in the redrawn districts.

The Speaker of the Council, selected by the 51 Council members, is often considered the second most powerful post in New York City's government after the Mayor.

The Council has several committees with oversight of various functions of the city government. Each council member sits on at least three standing, select or subcommittees. The standing committees meet at least once per month. The Speaker of the Council, the Majority Leader, and the Minority Leader are all ex officio members of every committee.

The New York State Constitution empowers local governments to adopt local laws.[15][16] A local law has a status equivalent with a law enacted by the New York State Legislature (subject to certain exceptions and restrictions[17]), and is superior to the older forms of municipal legislation such as ordinances, resolutions, rules and regulations.[18] The codified local laws of New York City are contained in the New York City Administrative Code.[19][20]

Judicial branch[edit]

Main article: New York City Courts

The New York City court system consists of two city courts, the Criminal Court and the Civil Court, and several state courts, the Supreme Court, Surrogate's Court, and Family Court. Unlike the rest of New York, New York City counties do not have a typical County Court. Each state court is located in each of New York City's five counties (boroughs).

The Surrogate's Courthouse in Manhattan, containing courtrooms for the Surrogate's Court for New York County

The Criminal Court of the City of New York handles misdemeanors (generally, crimes punishable by fine or imprisonment of up to one year) and lesser offenses, and also conducts arraignments (initial court appearances following arrest) and preliminary hearings in felony cases (generally, more serious offenses punishable by imprisonment of more than one year).[21][22]

The Civil Court of the City of New York decides lawsuits involving claims for damages up to $25,000 and includes a small claims part for cases involving amounts up to $5,000 as well as a housing part for landlord-tenant matters, and also handles other civil matters referred by the Supreme Court.[21][22] It handles about 25% of all the New York courts' total filings.[23]

The Supreme Court of the State of New York is the trial court of general jurisdiction, which in New York City hears felony cases and major civil cases.[24] (Lesser criminal and civil cases are heard in the Criminal Court and Civil Court, respectively.)

The Surrogate's Court of the State of New York is the probate court which oversees the probate of wills and administers estates.

The Family Court of the State of New York is a family court that hears cases involving children and families and handles issues such as child abuse and neglect (child protection), adoption, child custody and visitation, domestic violence, guardianship, juvenile delinquency, paternity, persons in need of supervision (PINS), and child support.[25]

County, borough and community government[edit]

New York City is composed of 5 boroughs containing 59 community districts.[26]

District attorneys[edit]

Each of the five counties of New York City elects a district attorney for four-year terms,[27] whose duty it is to prosecute all crimes and offenses cognizable by the courts of the county.[28]

Borough presidents[edit]

Main article: Borough president

Each borough has an elected borough president.[29] The borough presidents can have legislation introduced in the council, recommend capital projects, hold public hearings on matters of public interest, make recommendations to the mayor and to other city officials, make recommendations on land use and planning, and make recommendations regarding the performance of contracts providing for the delivery of services, in the interests of the people of their borough.[30]

Borough boards[edit]

Each borough has a borough board.[31] They are composed of the borough president, district council members from the borough, and the chairperson of each community board in the borough.[31] The borough boards can hold or conduct public or private hearings, adopt by-laws, prepare comprehensive and special purpose plans and make recommendations for land use and planning, mediate disputes and conflicts among two or more community districts, submit a comprehensive statement of the expense and capital budget priorities and needs, evaluate the progress of capital developments and the quality and quantity of services provided by agencies, and otherwise consider the needs of the borough.[32]

Community boards[edit]

Each community district has a community board.[33] Each board has up to 50 voting members, with one half of the membership appointed by the borough president, among nominations by council members representing the district, each year for two-year terms; there are no term limits.[33] Additionally, all city council members whose council districts cover part of a community district are non-voting, ex officio board members.[33] The community boards may hold public or private hearings or investigations with respect to any matter relating to the welfare of the district and its residents, at which it may request the attendance of agency representatives, prepare statements of community and capital needs, and make recommendations for land use and planning.[34]

Heraldry[edit]

Seal of New York City.svg
Flag of New York City.svg

The seal of New York City, adopted in an earlier form in 1686, bears the legend SIGILLVM CIVITATIS NOVI EBORACI, which means simply "The Seal of the City of New York." Eboracum was the Roman name for York, the titular seat of James II as Duke of York. The two supporters represent the unity between Native American and colonist, the four windmill sails recall the city's Dutch history as New Amsterdam, and the beavers and flour barrels the city's earliest trade goods (see History of New York City). The crest over the seal is the American eagle added after the American Revolution. "1625," at the bottom, is the date of the founding of the city.

The flag of New York City was adopted in 1915. Its blue, white, and orange bands represent the colors of the Dutch flag that flew over the city, then New Amsterdam, between the 1620s and 1660s. Located in the center is a blue print of the official Seal of New York City.

The Mayor's Office has its own official flag as well, which is the same design with an added five-pointed star (representing each of the five boroughs) in blue.

See also[edit]

References[edit]

  1. ^ http://www.cepr.net/documents/publications/wage-penalty-2010-05.pdf
  2. ^ "New York City Charter" (PDF). City of New York. July 2004. Retrieved 2009-07-19. 
  3. ^ Local Government Handbook (6th ed.). New York State Department of State. 2009. p. 56. 
  4. ^ "About DCAS - The City Record". New York City Department of Citywide Administrative Services. Retrieved 13 June 2014. 
  5. ^ Durkin, Erin (26 May 2014). "Councilman Ben Kallos wants city to publish government notices on its website". New York Daily News. 
  6. ^ Gibson & Manz 2004, p. 473.
  7. ^ New York City Charter § 3
  8. ^ a b c New York City Charter § 8
  9. ^ New York City Charter § 6
  10. ^ Hernandez, Javier C. (November 3, 2010). "Once Again, City Voters Approve Term Limits". The New York Times. 
  11. ^ a b "About the Office". New York City Public Advocate. Retrieved 3 December 2014. 
  12. ^ New York City Charter § 22
  13. ^ "The Duties of the Comptroller". New York City Comptroller. Retrieved 4 December 2014. 
  14. ^ New York City Charter § 93
  15. ^ Gibson, Ellen M.; Manz, William H. (2004). Gibson's New York Legal Research Guide (3rd ed.). Wm. S. Hein Publishing. p. 258. ISBN 1-57588-728-2. LCCN 2004042477. OCLC 54455036. 
  16. ^ Adopting Local Laws in New York State. James A. Coon Local Government Technical Series. New York State Department of State. May 1998. pp. 1–3. 
  17. ^ NYSDOS 1998, pp. 3-10.
  18. ^ NYSDOS 1998, p. 10.
  19. ^ Gibson & Manz 2004, p. 450.
  20. ^ Gibson & Manz 2004, p. 458.
  21. ^ a b The New York State Courts: An Introductory Guide. New York State Office of Court Administration. 2000. p. 4. OCLC 68710274. 
  22. ^ a b The New York State Courts: An Introductory Guide. New York State Office of Court Administration. 2010. p. 2. OCLC 668081412. 
  23. ^ "Civil Court History". New York State Office of Court Administration. Retrieved 17 August 2014. 
  24. ^ State of New York Judiciary Budget: FY 2014-15. p. 18. 
  25. ^ Introductory Guide to the New York City Family Court. Committee on Family Law and Family Court of the Association of the Bar of the City of New York. February 2012. p. 1. 
  26. ^ "Community District Information". New York City Department of City Planning. Retrieved 3 December 2014. 
  27. ^ County Law § 926
  28. ^ County Law § 927
  29. ^ New York City Charter § 81
  30. ^ New York City Charter § 82
  31. ^ a b New York City Charter § 85(a)
  32. ^ New York City Charter § 85(b)
  33. ^ a b c New York City Charter § 2800(a)
  34. ^ New York City Charter § 2800(d)

External links[edit]