New York Public Interest Research Group v. Giuliani

The authority of elected officials to appoint is a "power” within the meaning of Municipal Home Rule Law § 23 (2) (f) and New York City Charter § 38 (5), and therefore any law that would abolish, transfer or curtail such must be approved by referendum (see, Morin v Foster, 45 NY2d 287, 295; Ferraro v Rettaliata, 165 AD2d 860, 861-862, lv denied 76 NY2d 713). The New York City Charter, adopted in 1989 by a referendum, mandates in sections 259 and 1152 that certain elected officials *277appoint a director of an Independent Budget Office by August I, 1990 and that the IBO be funded in a mandatory…