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27 Nat'l Mun. Rev. 92 (1938)
A New Administrative Code for New York City

handle is hein.journals/natmnr27 and id is 118 raw text is: 


A New Administrative


Code for New York City


                   REUBEN   A. LAZARUS
Counsel to the New York City Board of Statutory Consolidation


A  T A special session of the New York
    State legislature, called in Decem-
ber by  Governor Lehman   for the pur-
pose, a new administrative code for the
City  of New   York  was  enacted into
law.  The  new code brings together the
provisions of law regulating the details
of the city administration in harmony
with the city's new charter adopted in
1936  and effective January 1, 1938.
  The  New   York  City Charter  Revi-
sion Commission  was constituted by an
act of the state legislature in 1934 to
inquire into the structure of the city
government  and to submit a new  char-
ter to the people of the city. This char-
ter was subsequently submitted to and
approved  by  referendum of  the city's
voters  on November 3, 1936. The
charter, however, does not purport  to
embody   all of the provisions of law
relating to  the  government   of  the
city. It provides the structural frame-
work  and  is intended to set forth the
organic  law reflecting the scheme  of
government  which  in the judgment  of
the commission is best suited to present-
day conditions.
  The   Board  of Statutory Consolida-
tion was created in July of 1936. The
members   of the board are the mayor,
the  comptroller, the president of the
Board  of Aldermen,' and  the corpora-
tion counsel of the City of New York.

  'President of the council after January 1,
1938.


It was  established for the purpose of
continuing the work of the codification
division of the Charter Revision Com-
mission which  had  been brought  into
existence by  resolution of the city's
Board  of Estimate and Apportionment.
  Upon  the adoption of the new  char-
ter it became the duty of the board to
prepare  an  administrative  code  for
ratification by the state legislature.
  Every  effort since the turn of the cen-
tury to simplify the statutory sources
of  the City of  New  York   has been
based  upon  the principle of a struc-
tural charter to be followed by an ad-
ministrative code.  A  combination of
these features was prepared in connec-
tion with the ill-fated charter submitted
to the legislature of 1909. The admin-
istrative code plan for New York City
seems to have  originated with William
M. Ivins who was  chairman of the New
York  City Charter  Revision Commis-
sion of 1907.
  An  analogy might  be drawn  in de-
scrib ag the relationship between the
administrative code and the charter as
on a par with the relationship between
the statutory law and the constitution
of a sovereign body, wherein those pro-
visions which were intended to be flexi-
ble and to yield to changing conditions
would  be subject to easy amendment,
while primary grants of powers and im-
portant  limitations upon  abuses  of
power would  be contained in a body of


92


Board  of  Statu-
tory Consolidation
completes  huge
task of codifying
the many statutes
and    ordinances
relating to  the
city's government,
bringing  t h e m
into line with new
charter.

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