US Laws, Codes, Statutes & Cases

 
    §  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 or the comptroller in  that
  order  of  succession  until  the suspension, inability or absence shall
  cease.  While so acting temporarily as mayor neither the public advocate
  nor the comptroller shall  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.
    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. Upon the commencement of the term
  of the  person  first  elected  mayor  pursuant  to  the  provisions  of
  subdivision  c of this section, the person then acting as mayor pursuant
  to the provisions of this subdivision, if  an  elected  official,  shall
  complete  the term of the office to which such person was elected if any
  remains.
    c. 1. Within three days of the occurrence of a vacancy in  the  office
  of the mayor, the person acting as mayor shall proclaim the date for the
  election  or  elections  required by this subdivision, provide notice of
  such proclamation to the city clerk  and  the  board  of  elections  and
  publish notice thereof in the City Record. After the proclamation of the
  date  for  an election to be held pursuant to paragraphs four or five of
  this subdivision, the city clerk shall publish notice thereof  not  less
  than  twice  in  each  week  preceding  the  date  of  such  election in
  newspapers distributed within the city, and the board of elections shall
  mail notice of such election to all registered voters within the city.
    2. If a vacancy occurs during the first three years  of  the  term,  a
  general  election to fill the vacancy for the remainder of the unexpired
  term shall be held in the year in which the vacancy occurs,  unless  the
  vacancy  occurs  after  the last day on which an occuring vacancy may be
  filled at the general election in that same year with party  nominations
  of  candidates  for  such  election being made at a primary election, as
  provided in section 6-116 of the election law. If such a vacancy  occurs
  in any year after such last day, it shall be filled for the remainder of
  the  unexpired  term  at  the  general  election  in  the following year
  provided, however, that no general election to fill a vacancy  shall  be
  held  in the last year of the term, except as provided in paragraph nine
  of this subdivision. Party  nominations  of  candidates  for  a  general
  election to fill a vacancy for the remainder of the unexpired term shall
  be  made  at a primary election, except as provided in paragraph five of
  this subdivision.
    3. If a special or general election to fill the vacancy on an  interim
  basis  has  not  been  previously held pursuant to paragraphs four, six,
  seven and eight of this subdivision, the  person  elected  to  fill  the
  vacancy  for  the  remainder of the unexpired term at a general election

  shall take office immediately upon qualification and shall  serve  until
  the  term  expires. If a special or general election to fill the vacancy
  on an interim basis has been previously held, the person elected to fill
  the  vacancy  for  the  remainder  of  the  unexpired  term at a general
  election shall take office on January first of the year  following  such
  general election and shall serve until the term expires.
    4. If a vacancy occurs during the first three years of the term and on
  or  before  the  last  day  in  the  third  year of the term on which an
  occurring vacancy may be filled for the remainder of the unexpired  term
  at  a  general  election  with  party nominations of candidates for such
  election being made at a primary election, as provided in section  6-116
  of  the  election law, a special or general election to fill the vacancy
  on an interim basis shall be held, unless the vacancy occurs  less  than
  ninety  days before the next primary election at which party nominations
  for a general election to fill the vacancy may be made and on or  before
  the  last  day  on  which  an  occurring  vacancy  may be filled for the
  remainder of the unexpired term at the general election in the same year
  in which the vacancy occurs with party  nominations  of  candidates  for
  such  election  being made at a primary election, as provided in section
  6-116 of the election law.
    5. If a vacancy occurs after the last day in the  third  year  of  the
  term  on  which  an occurring vacancy may be filled for the remainder of
  the unexpired term at  a  general  election  in  each  year  with  party
  nominations  of candidates for such election are being made at a primary
  election, as provided in section 6-116 of the election law, but not less
  than ninety days before the date of the primary election in  the  fourth
  year  of  such  term, a special or general election to fill such vacancy
  for the remainder of the unexpired term shall be held.
    6.  Elections  held  pursuant  to  paragraph  four  or  five  of  this
  subdivision  shall  be  scheduled  in  the  following  manner: a special
  election to fill the vacancy shall be held on the first Tuesday at least
  sixty days after the occurrence of the vacancy, provided that the person
  acting as mayor, in the proclamation required by paragraph one  of  this
  subdivision,  may  schedule  such election for another day not more than
  ten days after such Tuesday and not less  than  forty  days  after  such
  proclamation  if  the  person  acting  as  mayor  determines  that  such
  rescheduling is necessary to  facilitate  maximum  voter  participation;
  except that
    (a)  if  the vacancy occurs before September twentieth in any year and
  the first Tuesday at least  sixty  days  after  the  occurrence  of  the
  vacancy  is  less  than ninety days before a regularly scheduled general
  election or between a primary and a general election, the vacancy  shall
  be filled at such general election; and
    (b)  if  the vacancy occurs before September twentieth in any year and
  the first Tuesday at least  sixty  days  after  the  occurrence  of  the
  vacancy  is  after  a  regularly scheduled general election, the vacancy
  shall be filled at such general election; and
    (c) if the vacancy occurs on or after September twentieth in any  year
  and  the  first  Tuesday at least sixty days after the occurrence of the
  vacancy is after, but less than thirty days after, a regularly scheduled
  general election, the vacancy shall be filled at a special  election  to
  be held on the first Tuesday in December in such year.
    7.  All  nominations  for elections to fill vacancies held pursuant to
  paragraphs four and five of this subdivision  shall  be  by  independent
  nominating  petition.  A signature on an independent nominating petition
  made earlier than the date of the proclamation required by paragraph one
  of this subdivision shall not be counted.

    8. A person elected to fill a vacancy in the office of the mayor at an
  election held pursuant to paragraph four of this subdivision shall  take
  office   immediately   upon   qualification  and  serve  until  December
  thirty-first of the  year  in  which  the  vacancy  is  filled  for  the
  remainder  of  the  unexpired  term  pursuant  to  paragraph two of this
  subdivision. A person elected to fill a vacancy in  the  office  of  the
  mayor at an election held pursuant to paragraph five of this subdivision
  shall  take  office  immediately  upon qualification and serve until the
  term expires.
    9. If a vacancy occurs less than ninety days before the  date  of  the
  primary election in the last year of the term, the person elected at the
  general  election  in  such year for the next succeeding term shall take
  office immediately upon qualification  and  fill  the  vacancy  for  the
  remainder of the unexpired term.
    10.  If  at  any  election held pursuant to this subdivision for which
  nominations were made by independent nominating petitions, no  candidate
  receives forty percent or more of the vote, the two candidates receiving
  the most votes shall advance to a runoff election which shall be held on
  the  second  Tuesday next succeeding the date on which such election was
  held.
    d. Determination of mayoral inability.
    1. Voluntary declaration of temporary inability.  Whenever  the  mayor
  transmits  to  the  official  next in line of succession and to the city
  clerk, a written declaration that he or she  is  temporarily  unable  to
  discharge  the powers and duties of the office of mayor, such powers and
  duties shall devolve upon the  official  next  in  line  of  succession,
  subject  to  the provisions of subdivision a of this section. Thereafter
  if the mayor transmits to the acting mayor  and  to  the  city  clerk  a
  written  declaration  that  he or she is able to resume the discharge of
  the powers and duties of the office of mayor, the mayor shall resume the
  discharge of such powers and duties immediately upon the receipt of such
  declaration by the city clerk.
    2. Inability committee. (a) There shall  be  a  committee  on  mayoral
  inability  consisting  of: the corporation counsel, the comptroller, the
  speaker of the council, a deputy mayor who shall be  designated  by  the
  mayor, and the borough president with the longest consecutive service as
  borough  president. If two or more borough presidents have served for an
  equal length of time, one of such borough presidents shall  be  selected
  by  lot  to  be  a  member of such committee. If at any time there is no
  valid mayoral designation in force, the deputy mayor  with  the  longest
  consecutive  service  as  a  deputy  mayor  shall  be  a  member of such
  committee. The authority to act as a member of such committee shall  not
  be delegable.
    (b) Such committee by affirmative declaration of no fewer than four of
  its  members  shall have the power to make the declarations described in
  paragraphs four and five of this subdivision. No such declaration  shall
  be effective unless signed by all the members making it.
    3.  Panel  on mayoral inability. (a) There shall be a panel on mayoral
  inability. Unless otherwise provided by  state  law,  such  panel  shall
  consist of all the members of the council.
    (b)  The  panel  shall  have  the  power  to  make  the determinations
  described in paragraphs four and five of this subdivision.
    4.  Temporary  inability.  (a)  Whenever  the  committee  on   mayoral
  inability  personally  serves or causes to be personally served upon the
  mayor and transmits to the official next  in  line  of  succession,  the
  members  of  the  panel  on  mayoral  inability  and the city clerk, its
  written declaration that the mayor is temporarily  unable  to  discharge
  the  powers and duties of the office of mayor, together with a statement

  of its reasons for such declaration, such declaration shall constitute a
  determination  of  temporary  inability   unless   the   mayor,   within
  forty-eight  hours  after  receipt of such declaration, transmits to the
  official  next  in  line  of succession, the members of the committee on
  mayoral inability, the members of the panel on mayoral inability and the
  city clerk, a written declaration that he or she is  able  to  discharge
  the powers and duties of the office of mayor, together with responses to
  the  statement  by the committee on mayoral inability of its reasons for
  its declaration.
    (b) If personal service of the committee's declaration upon the  mayor
  cannot be accomplished, or if such service has been accomplished but the
  mayor  has  not  transmitted  a  declaration  that  he or she is able to
  discharge  the  powers  and  duties  of  the  office  of  mayor   within
  forty-eight  hours  after  receipt  of such declaration, such powers and
  duties shall devolve upon the  official  next  in  line  of  succession,
  subject  to  the provisions of subdivision a of this section, unless and
  until the mayor resumes the authority to discharge such powers  pursuant
  to the provisions of subparagraphs (e) or (f) of this paragraph.
    (c)   If   within  such  forty-eight  hours,  the  mayor  transmits  a
  declaration that he or she is able to discharge the powers and duties of
  the office of mayor, such powers and duties shall not devolve  upon  the
  official  next  in  line  of  succession and the mayor shall continue to
  discharge the powers and duties of the office of mayor, unless and until
  the panel on mayoral inability, within twenty-one days after its receipt
  of the mayor's declaration, determines by two-thirds  vote  of  all  its
  members that the mayor is temporarily unable to discharge the powers and
  duties of the office of mayor. If the panel determines that the mayor is
  unable  to  discharge the powers and duties of the office of mayor, such
  powers and duties shall devolve  upon  the  official  next  in  line  of
  succession,  subject to the provisions of subdivision a of this section,
  unless and until the mayor  resumes  the  authority  to  discharge  such
  powers and duties pursuant to the provisions of subparagraphs (e) or (f)
  of this paragraph.
    (d)  If,  at  any  time  prior  to  a final determination by the panel
  pursuant to subparagraph (c) of this paragraph  the  mayor  transmits  a
  voluntary  declaration of temporary inability pursuant to the provisions
  of paragraph one of this subdivision, to the official next  in  line  of
  succession,  the  members  of  the  committee  on mayoral inability, the
  members of the panel on mayoral inability, and the city clerk, then  the
  procedures  set  forth  in  paragraph  one  of this subdivision shall be
  followed.
    (e) If a determination of temporary inability has been  made  pursuant
  to  the provisions of subparagraphs (a) or (c) of this paragraph, and if
  thereafter, the mayor transmits to the acting mayor, the members of  the
  committee  on  mayoral  inability,  the  members of the panel on mayoral
  inability and the city clerk, a written declaration that he  or  she  is
  able  to  resume the discharge of the powers and duties of the office of
  mayor, then the mayor shall resume the  discharge  of  such  powers  and
  duties  four  days  after  the  receipt  of such declaration by the city
  clerk, unless the committee on mayoral inability, within such four days,
  personally serves or causes to be personally served upon the  mayor  and
  transmits  to  the  acting  mayor,  the  members of the panel on mayoral
  inability and the city clerk, its written  declaration  that  the  mayor
  remains  unable  to  discharge  the  powers  and duties of the office of
  mayor.
    (f) If the committee transmits a declaration that  the  mayor  remains
  unable  to  discharge  the powers and duties of the office of mayor, the
  mayor shall not resume the discharge of the powers  and  duties  of  the

  office  of mayor unless and until the panel on mayoral inability, within
  twenty-one days of  its  receipt  of  such  declaration,  determines  by
  two-thirds  vote  of  all  its  members  that  the inability has in fact
  ceased.  Upon such a determination by the panel, or after the expiration
  of twenty-one days, if the panel has not acted, the mayor  shall  resume
  the discharge of the powers and duties of the office of mayor.
    5.   Permanent  inability.  (a)  Whenever  the  committee  on  mayoral
  inability personally serves or causes to be personally served  upon  the
  mayor  and  transmits  to  the  official next in line of succession, the
  members of the panel on  mayoral  inability  and  the  city  clerk,  its
  declaration that the mayor is permanently unable to discharge the powers
  and  duties  of  the office of mayor, together with its reasons for such
  declaration, the panel on mayoral  inability  shall,  within  twenty-one
  days after its receipt of such declaration, determine whether or not the
  mayor  is  permanently  unable to discharge the powers and duties of the
  office of mayor.
    (b) If the panel determines by two-thirds vote of all its members that
  the mayor is permanently unable to discharge the powers  and  duties  of
  the  office  of  mayor,  such  powers  and duties shall devolve upon the
  official next  in  line  of  succession  as  acting  mayor  pursuant  to
  subdivision  b  of this section, and the office of mayor shall be deemed
  vacant.
    6. Continuation of salary; disability allowance. (a) During  the  time
  that  any  official  is  acting  as mayor pursuant to a determination of
  temporary inability, the mayor shall continue to be paid the  salary  of
  the  office of mayor, and the acting mayor shall continue to be paid the
  salary of the office to which such person was elected.
    (b) Any mayor who has been determined  to  be  permanently  unable  to
  discharge  the  powers  and  duties  of  the office of mayor pursuant to
  paragraph five of this subdivision shall continue to  receive  from  the
  city,  a  sum  which  together  with the mayor's disability benefits and
  retirement allowance, if any, computed  without  optional  modification,
  shall equal the annual salary which such mayor was receiving at the time
  of  the  determination of permanent inability. Such disability allowance
  shall begin to accrue on the date  of  the  determination  of  permanent
  inability  and shall be payable on the first day of each month until the
  expiration of the term for which such mayor had  been  elected  or  such
  mayor's  death,  whichever shall occur first. Such mayor shall apply for
  any retirement allowance or disability benefits to which he or  she  may
  be  entitled  and  the disability allowance provided for in this section
  shall not reduce or suspend  such  retirement  allowance  or  disability
  benefits, notwithstanding any other provision of law.