The New York State Constitution requires that every 20 years the people decide if a Constitutional Convention should be held to consider Amendments to the State Constitution. The purpose of this 2017 General Election Ballot Question is to allow the Voters of New York State to determine whether a Constitutional Convention will be held according to the procedure provided by the State Constitution.
If a Majority voting on this Question votes NO, there will be no Constitutional Convention.
If a Majority votes YES, three Delegates from each State Senatorial District will be Elected in November 2018, along with 15 At-Large Delegates who will be Elected Statewide. The Delegates will convene at the Capitol in April 2019. Amendments adopted by a Majority of the Delegates will be submitted to the Voters for Approval or Rejection in a statewide Referendum, at an Election held at least six weeks after the Convention adjourns. Any Amendments that the Voters Approve will go into effect on January 1st following their Approval.
If a Majority votes in favor of a Constitutional Convention, then the Delegates will receive for their services the same Compensation as that payable to Members of the Assembly. The Delegates also will be Reimbursed for actual Traveling Expenses while the Convention is in session, to the extent that Members of the Assembly would be entitled Reimbursement during a Session of the Legislature.
The Delegates will have the power to appoint the Officers, Employees, and Assistants that they deem necessary and to fix the Compensation of those Officers, Employees, and Assistants. The Delegates also will have the power to provide for the Expenses of the Convention, including the Printing of its Documents, Journal, and Proceedings. The Delegates will determine the Rules of their Proceedings, choose their Officers, and be the Judge of the Election, Returns, and Qualifications of their Members. A Vacancy in an office of District Delegate will be filled by a vote of the remaining Delegates representing the District in which the Vacancy occurs; a Vacancy in the Office of a Delegate-at-Large will be filled by a Vote of the remaining delegates-at-Large.
2017 General Election
Below is a listing of the current Statewide Ballot Proposals which will be voted on at the 2017 General Election. The language below is DRAFT language provided by the State Attorney General and will not be official until adopted by the State Board of Elections. Once this text is official, it will be translated in additional required languages. The Proposals shall be numbered consecutively on the Voting machine or Ballot. The number of each Proposal shall appear in front of its designation as an Amendment, proposition or question in the following form: "Proposal one, an amendment; proposal two, a proposition; proposal three, a question".
Each of the current Proposals appears below, along with the question as it will appear on the Ballot, the abstract summary as well as the full text of the resolution or Constitutional provision responsible for each proposal. Until the State Legislature adjourns for the year, this listing is subject to change.
Proposal _____ – Allowing the Complete or Partial Forfeiture of a Public Officer’s Pension if He or She is Convicted of a Certain Type of Felony
Form of Submission of Proposal Number _____, An Amendment -- The proposed amendment to section 7 of Article 2 of the State Constitution would allow a court to reduce or revoke the pension of a public officer who is convicted of a felony that has a direct and actual relationship to the performance of the public officer’s duties. Shall the proposed amendment be approved?
Abstract: New York’s Constitution now provides that the benefits of a public pension or retirement system cannot be reduced or impaired. The purpose of the proposed amendment is to allow a court to reduce or revoke the pension of a public officer who is convicted of a felony that has a direct and actual relationship to the performance of the public officer’s duties. A court would determine, after notice to the public officer and a hearing, if a public officer convicted of such a felony would lose part or all of his or her pension. In reaching this determination, the court must consider the seriousness of the public officer’s crime, the proportionality of a reduction or revocation to the crime, whether forfeiture would result in undue hardship or other inequity to dependent children, spouse, or other dependents, and any other factors required by the Legislature. The Legislature must enact law that puts this proposal into effect, taking into account principles of fairness.
The proposed amendment would define “public officer” to mean the following:
A person filling an elected office within New York;
A person holding an office that is filled by appointment by the New York Governor, whether or not that appointment has to be confirmed by the Senate;
A county, city, town, or village manager or administrator, or equivalent position;
The head of any state or local government department, division, board, commission, bureau, public benefit corporation, or public authority in New York who is vested with authority, direction, and control over that entity;
The chief fiscal officer or treasurer of a municipal corporation or political subdivision in New York;
A judge or justice of the Unified Court System; and
A legislative, executive, or judicial employee who directly assists in the formulation of legislation, rules, regulations, policy, or judicial decision-making and who is designated by law as a policy-maker.
If approved, the amendment will apply only to crimes committed on or after January 1, 2018.
TEXT OF PROPOSAL NUMBER _____, AN AMENDMENT
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 7 of article 5 of the constitution, in relation to the public pension of a public officer Section 1. Resolved (if the Senate concur), That section 7 of article 5 of the constitution be amended to read as follows:
§ 7. (a)After July first, nineteen hundred forty, membership in any pension or retirement system of the state or of a civil division thereof shall be a contractual relationship, the benefits of which shall not be diminished or impaired.
(b) Notwithstanding subdivision (a) of this section, the public pension of a public officer, as defined in paragraph (c) of this section, who stands convicted of a felony for which such felony has a direct and actual relationship to the performance of the public officer's existing duties, may be reduced or revoked, following notice and a hearing by an appropriate court, as provided by law. The court determination whether to reduce or revoke such pension shall be based on the consideration of factors including the severity of the crime and the proportionality of a reduction or revocation of such pension to such crime. When a court issues an order to reduce or revoke such pension, the court shall consider and determine specific findings as to the amount of such forfeiture, if any, and whether forfeiture, in whole or in part, would result in undue hardship or other inequity upon any dependent children, spouse or other dependents; and other factors as provided by law. The legislature shall enact legislation to implement this amendment taking into account interests of justice.
(c) For the purposes of paragraph (b) of this section, the term "public officer" shall mean: (i) an official filling an elected office within the state; (ii) a holder of office filled by direct appointment by the governor of this state, either upon or without senate confirmation; (iii) a county, city, town or village administrator, manager or equivalent position; (iv) the head or heads of any state or local government department, division, board, commission, bureau, public benefit corporation, or public authority of this state who are vested with authority, direction and control over such department, division, board, commission, bureau, public benefit corporation or public authority; (v) the chief fiscal officer or treasurer of any municipal corporation or political subdivision of the state; (vi) a judge or justice of the unified court system; and (vii) a legislative, executive, or judicial employee of this state who directly assists in the formulation of legislation, rules, regulations, policy, or judicial decision-making and who is designated as a policymaker as set forth in statute.
(d) Paragraph (b) of this section shall only apply to crimes committed on or after the first of January next succeeding the date upon which the people shall approve and ratify the amendment to the constitution that added this paragraph.
§2. Resolved (if the Senate concur), That the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2017 in accordance with the provisions of the election law.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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