Memo of Support for S8934 (Liu) – Curbing Lame-Duck Charter Commissions
TITLE OF BILL
An act to amend the municipal home rule law, in relation to revision of a city charter; and to provide for the repeal of certain provisions upon the expiration thereof.
STATEMENT OF SUPPORT
Reinvent Albany strongly supports this bill because it would ensure mayors coming into office are not sabotaged by prior administrations setting up last-minute, lame-duck charter commissions that could propose charter revisions during a new mayor’s term. Even if such a commission does not propose specific ballot items, it could thwart local legislatures, as mayoral commissions can “bump” proposals submitted by local legislatures or their charter commissions.
While the bill would apply statewide, it specifically addresses concerns regarding the charter revision commission appointed by former NYC Mayor Eric Adams on December 31, 2025, allowing Mayor Zohran Mamdani to decide if it should continue to operate. It would not apply to the charter commission in Buffalo, first because it was established in statute by the Common Council, and second, because it was created in February 2025.
Reinvent Albany supports this legislation as currently drafted, but would also support an amendment that would extend the timeframe. We support including commissions appointed in the last six months of a mayoral administration, and giving a new mayor 90 days to decide whether or not to continue them. This could help ensure that the legislation has greater applicability, given the possibility of this scenario occurring in the future.
We urge the Legislature to pass the bill.
SUMMARY OF PROVISIONS
Section 1 provides a title for the act: “Election-Related Requirements for Initiating Charter Commissions (ERIC) Act.”
Section 2 adds two new paragraphs to subdivision 4 of section 36 of the municipal home rule law:
- Paragraph B would allow mayors to decide whether to continue charter revision commissions that pre-date their taking office. Specifically, charter revision commissions filed within 60 days before the mayoral general election up until January 1st in the year following the election must be confirmed by the mayor taking office on January 1st. The mayor would have 60 days to confirm the commission, or it expires and is nullified.
- Paragraph C provides that the act specifically applies to mayors taking office after November 4, 2025 up until the effective date of the legislation. If no confirmation is obtained in the 60-day period provided for in Paragraph B, all appointments to the commission expire and are nullified, as well as any proposed revisions to the city charter.
Section 3 provides the effective date as immediate and retroactive to November 5, 2025. The new paragraph C would be repealed one year after the effective date of the act.