Why mayoral appointments should be confirmed

Since the founding of our democracy, advice and consent have been used to protect against abuses of power in our government. The Federalist Papers hailed this power, which gives the Legislature the ability to approve appointments of officials at the highest levels of the executive branch, as “a perfect check on the spirit of favoritism in the President and would largely prevent prejudice, family connections, personal attachment, or popularity from appointing unsuitable public officials.”

This is a power that the State of New York has entrusted to its supreme legislature, but which is also selectively established for the New York City Council.

I believe that good government calls on us to expand these powers to include more city commissioners who oversee the critical services that impact and determine the well-being of New Yorkers.

We must hold our commissioners to high standards. The City Charter clearly states that their responsibility rests not only with the Mayor but with all elected officials, specifying that they “shall advise and assist the Mayor, other elected officials and bodies of elected officials on matters within the jurisdiction of the City Government.” their agencies.”

Over the decades, the Council has exercised this authority over several mayoral appointments. It currently consists of the commissioner of the Department of Investigation, the chairman and members of the Taxi and Limousine Commission, and dozens of other board and commission positions. The corporation’s general counsel was recently placed under advice and consent as a result of a bylaw amendment that was overwhelmingly approved by voters in 2019.

The Council takes this responsibility seriously. During this administration, the Council has endorsed more than 35 mayoral candidates under this authority. This helped ensure the submission of qualified candidates, the opportunity for public engagement, and a focus on the candidate’s ability to perform the responsibilities of the Charter on behalf of the people of New York.

That’s why I’m introducing legislation to expand the Council’s advisory and consent powers to an additional 21 agency commissioners, such as the commissioners of sanitation, health and parks.

A transparent process that allows nominees to present themselves to elected officials and the public they serve advances our common goal of good governance. Through an open hearing, the public could submit comments and meaningfully engage on an issue of civic importance.

A robust process benefits candidates by offering them an early opportunity to build government relationships and gain the public’s trust by demonstrating their knowledge and qualifications. This would enable commissioners to focus on the sound management of agencies and move the nomination process out of the shadows, reducing the likelihood of positions being used for political patronage.

As a city, we can benefit from this change.

The approach taken in the proposed legislation is gradual. Advice and consent are not sought for all of the more than 80 commissioner positions appointed by the mayor, neither for state law positions nor for uniformed first responders. However, ensuring that heads of city agencies are accountable for good governance is essential to good governance.

Once a nomination is made and adopted at a Board meeting, the Board will have 30 days to hold a hearing and take action on the nomination. If the Council does not act within this period, the nomination will be deemed to have been approved.

Top government leadership positions honor talented public servants who can meet the challenges and needs of the moment. We have seen examples of strong agency leaders in this administration. A transparent advisory and consent process would identify strengths earlier and strengthen partnerships with colleagues across government to deliver benefits for New Yorkers.

These types of reforms only strengthen our city’s government and representative democracy, bringing it in line with state and federal governments. We must ensure that these top positions remain beacons of public service, not tools for personal or political enrichment.

As noted in the Federalist Papers, a person “who had the sole disposition of offices would be guided to a much greater extent by private inclinations and interests than if he were obliged to submit the propriety of (his) choice to the discussion and determination of another independent authority.” Advice and consent are therefore a powerful tool for ensuring a level of democratic accountability against abuses and promoting the public interest.

The foundation of our democracy, including this provision, illustrates the anticipation of the need to rein in unfettered power.

The purpose of this bill is to improve the functioning of government so that we can continue to protect our future and the foundations of our democracy.

Adams is the speaker of the New York City Council.