The following is the complete text of the letter from Carlos Cuevas, City Clerk of the City of New York, dated September 12, 1997, to Robert A. Milne, Esq. of the law firm of Dewey Ballantine, attorneys for SRAC, rejecting the 1997 Animal Welfare and Shelter Reform ballot initiative petition
[seal]
The City of New York
Office of the City Clerk
Municipal Building
New York, N.Y. 10007
Carlos Cuevas
City Clerk, Clerk of the Council
Edward F. O'Malley
Counsel to the City Clerk
September 12, 1997
Mr. Robert A., Milne, Esq.
Dewey Ballantine
1301 Avenue of the Americas
New York, NY 10019-6092
Dear Mr. Milne:
On September 2, 1997, you filed in this offfice a petition that purports to contain proposed amendments to the Charter of the City of New York ("Charter"). Pursuant to the initiative and referendum procedure of Charter Section 40, you seek the submission of such amendments to the electors of the City at the 1997 general election. The petition would add to the Charter a new chapter entitled, "Department of Animal Affairs".
Charter Section 40(2)(c) requires, among other things, that petitions filed under the initiative and referendum procedure of Charter Section 40 be signed by "[n]ot less that [sic] fifty thousand qualified electors of the city". The petition has been reviewed to determine whether it contains the requisite number of valid signatures in accordance with the requirements of Charter Section 40(2)(c). The findings and Clerk's Report prepared by the Board of Elections indicate that the petition contains 41,736 valid signatures, and therefore falls short of the requisite 50,000 valid signatures. I have therefore determined that the petition is invalid for failure to contain the requisite number of valid signatures in accordance with Charter Section 40(2)(c).
Even if your petition contained the required number of signatures, it would nonetheless be invalid. On the advise [sic] of the Corporation Counsel, I have determined that, for the following reasons, it is invalid and not a proper subject for referendum under Charter Section 40. I am advised that Section 40 permits only certain matter to be the subject of popular initiative. A petition under Section 40(2)(b), concerning abolition and creation of certain offices, may only propose a basic structural change to City government. In addition, Section 40 was not intended to permit the imposition upon the City of particular programmatic mandates that may require new expenditures.
In this context, the petition you have submitted represents a set of detailed administrative and programmatic requirements that are not Charter amendments that may be initiated under Charter 40 [sic]. In addition, the petition proposes new mandates, not currently found in local or State law, requiring expenditure of City monies, exceeding the scope of Section 40. Finally, I am also advised that the petition, without proper notice to the voters, purports to confer upon the proposed new agency powers that limit certain authority exercised by the Mayor and the City's Department of Health under State law. Given the extent of these defects, the inclusion in the petition of a severability clause cannot alter its invalidity or save any portion of it for referendum.
Accordingly, I hereby advise you that the petition is rejected by this office and will not be transmitted to the Board of Elections for placement on the ballot of the 1997 general election in this City.
Sincerely,
/s/ Carlos Cuevas
City Clerk
Clerk of the Council
cc: Daniel DeFrancesco, Executive Director, Board of Elections
[seal]
The City of New York
Office of the City Clerk
Municipal Building
New York, N.Y. 10007
Carlos Cuevas
City Clerk, Clerk of the Council
Edward F. O'Malley
Counsel to the City Clerk
September 12, 1997
Mr. Robert A., Milne, Esq.
Dewey Ballantine
1301 Avenue of the Americas
New York, NY 10019-6092
Dear Mr. Milne:
On September 2, 1997, you filed in this offfice a petition that purports to contain proposed amendments to the Charter of the City of New York ("Charter"). Pursuant to the initiative and referendum procedure of Charter Section 40, you seek the submission of such amendments to the electors of the City at the 1997 general election. The petition would add to the Charter a new chapter entitled, "Department of Animal Affairs".
Charter Section 40(2)(c) requires, among other things, that petitions filed under the initiative and referendum procedure of Charter Section 40 be signed by "[n]ot less that [sic] fifty thousand qualified electors of the city". The petition has been reviewed to determine whether it contains the requisite number of valid signatures in accordance with the requirements of Charter Section 40(2)(c). The findings and Clerk's Report prepared by the Board of Elections indicate that the petition contains 41,736 valid signatures, and therefore falls short of the requisite 50,000 valid signatures. I have therefore determined that the petition is invalid for failure to contain the requisite number of valid signatures in accordance with Charter Section 40(2)(c).
Even if your petition contained the required number of signatures, it would nonetheless be invalid. On the advise [sic] of the Corporation Counsel, I have determined that, for the following reasons, it is invalid and not a proper subject for referendum under Charter Section 40. I am advised that Section 40 permits only certain matter to be the subject of popular initiative. A petition under Section 40(2)(b), concerning abolition and creation of certain offices, may only propose a basic structural change to City government. In addition, Section 40 was not intended to permit the imposition upon the City of particular programmatic mandates that may require new expenditures.
In this context, the petition you have submitted represents a set of detailed administrative and programmatic requirements that are not Charter amendments that may be initiated under Charter 40 [sic]. In addition, the petition proposes new mandates, not currently found in local or State law, requiring expenditure of City monies, exceeding the scope of Section 40. Finally, I am also advised that the petition, without proper notice to the voters, purports to confer upon the proposed new agency powers that limit certain authority exercised by the Mayor and the City's Department of Health under State law. Given the extent of these defects, the inclusion in the petition of a severability clause cannot alter its invalidity or save any portion of it for referendum.
Accordingly, I hereby advise you that the petition is rejected by this office and will not be transmitted to the Board of Elections for placement on the ballot of the 1997 general election in this City.
Sincerely,
/s/ Carlos Cuevas
City Clerk
Clerk of the Council
cc: Daniel DeFrancesco, Executive Director, Board of Elections
