L.L. 1988/008

Enactment date: 2/29/1988

Int. No. 906-A

By the Vice Chairman (Council Member Vallone) and Council Members Katzman, Alter, Maloney, Albanese, DiBrienza, Dryfoos, Gerges, Messinger and Michels (by request of the Mayor); also Council Members Berman, Eisland, Friedlander, Greitzer, Harrison, Pinkett, Rivera, Spigner, Wooten and Horwitz

A Local Law to amend the administrative code of the city of New York, in relation to optional partial public financing of election campaigns in the city

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings. The council finds that both the possibility of privilege and favoritism and the appearance of impropriety harm the effective functioning of government. The council further finds that whether or not the reliance of candidates on large private campaign contributions actually results in corruption or improper influence, it has a deleterious effect upon government in that it creates the appearance of such abuses and thereby gives rise to citizen apathy and cynicism.

The council further finds that it is vitally important to democracy in the city of New York to ensure that citizens, regardless of their personal wealth, access to large contributions or other financial connections, are enabled and encouraged to compete effectively for public office by educating the voters as to their qualifications, positions and aspirations for the city.

The council further finds that special conditions have arisen in the city of New York, as a result of the presence of unique concentrations of wealth and financial power, which require special measures pertaining to ethics in government. The council finds that these special conditions were recognized by the State - City Commission on Ethics in Government, whose reports on governmental ethics and campaign financing included specific recommendations for the city of New York. The council further finds that the state legislature has recognized the special nature of these conditions in the city of New York respecting ethics in government by passing chapter 689 of the Laws of 1986, which limits campaign contributions to members of the New York city board of estimate by persons with business before the board. The council further finds that chapter 813 of the Laws of 1987, the ethics in government act, establishes minimum ethical standards for local officers and employees but allows localities, including the city of New York, to enact more stringent controls so that they may address their special needs.

The council has determined that the enhancement of ethics in government is part of the property, affairs and government of the city of New York and that the enactment of this local law is within the council's legislative authority. The council intends to accomplish its purpose of improving governmental ethics in the city of New York by means of a voluntary system of public financing of local election campaigns. The council intends by means of this local law to improve popular understanding of local issues, to increase participation in local elections by voters and candidates, to reduce improper influence on local officers by large campaign contributors and to enhance public confidence in local government. The council intends that the campaign finance fund provided by this law shall receive appropriations in a timely manner so that there is sufficient money to meet the needs of eligible candidates and so candidates know well in advance of their campaigns that there is sufficient money in the fund.

The council finds that this local law will supplement and be consistent with state law. The council does not intend by the enactment of this local law to prohibit any person from making or receiving any campaign contributions to the extent allowed by state law, or to permit any person to make or receive such contributions when prohibited by state law. Rather it intends, by means consistent with state law, to ensure an open and democratic political system that inspires the confidence and participation of its citizens.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. The council hereby declares its intent that not more than twenty-eight million dollars shall be appropriated in the expense budget as adopted for the fiscal year beginning on July first, nineteen hundred eighty-eight, to the New York city campaign finance fund established by this local law for payments for eligible candidates in accordance with the provisions of this local law.

§ 4. Severability. If any clause, sentence, subdivision, paragraph, section or part of this local law be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 5. This local law shall take effect immediately, except that the provision of this local law providing optional public financing shall first apply to elections held in nineteen hundred eighty-nine.