The New York City Council - File #: Res 0337-2018

• File #: Res 0337-2018
• Version: *
• Name: Preserve the separation of powers enshrined in the City Charter and Council Members’ free speech rights to express their policy positions by filing amicus briefs.
• Type: Resolution
• Status: Adopted
• File created: 5/9/2018
• In control: Committee on Rules, Privileges and Elections
• On agenda: 5/9/2018
• Final action: 5/9/2018
• Title: Resolution by the Council of the City of New York ratifying Council action in Council et al., v. Carter, New York Supreme Court, Index No. 153498/2018 (Verified Petition filed April 17, 2018), a lawsuit filed to preserve the separation of powers enshrined in the City Charter and Council Members' free speech rights to express their policy positions by filing amicus briefs
• Sponsors: Karen Koslowitz

Date	Ver.	Action By	Action	Result
5/9/2018	*	City Council	Approved, by Council	Pass
5/9/2018	*	City Council	Referred to Comm by Council
5/9/2018	*	City Council	Introduced by Council
5/9/2018	*	Committee on Rules, Privileges and Elections	Hearing on P-C Item by Comm
5/9/2018	*	Committee on Rules, Privileges and Elections	P-C Item Approved by Comm	Pass

Preconsidered Res. No. 337

Title
Resolution by the Council of the City of New York ratifying Council action in Council et al., v. Carter, New York Supreme Court, Index No. 153498/2018 (Verified Petition filed April 17, 2018), a lawsuit filed to preserve the separation of powers enshrined in the City Charter and Council Members' free speech rights to express their policy positions by filing amicus briefs
Body

By Council Member Koslowitz

Whereas, The Council of the City of New York ( the "Council") is a 51-member independent legislative body elected by the residents of New York City that is committed to protecting the freedom of its members to advocate for various policy positions in their official capacities without interference from the executive branch; and,
Whereas, Council Members have filed amicus briefs for decades without interference from the executive branch; and,
Whereas, In November 2017, in response to the bi-partisan motion of five Council Members for leave to appear as amici curiae in Tax Equity Now NY LLC v. City of New York, et al., Index No. 153759/2017 (Sup. Ct. N.Y. Cnty.), the Corporation Counsel, who is appointed by and serves at the pleasure of the Mayor, argued that the Council Members should not be permitted to file a brief, asserting that "there is no authority" for Council Members to "appear through a private attorney in their representative capacities" to file amicus briefs; and,
Whereas, A Notice of Appeal was filed in Tax Equity Now preserving the right to challenge the court's decision concerning the amicus curiae participation of Council Members; and,
Whereas, The Corporation Counsel has sought to silence the voices of Council Members by taking the position that Council Members may not appear through outside counsel and yet has refused to represent Council Members when they have requested representation as amici, for example, the requests of Council Members Ritchie Torres, Alicka Ampry-Samuel, and L...