Model Legislation for Corning
Proposed by Darin Robbins, 2015 Candidate for Mayor, City of Corning
Bill of Rights Defense Resolution
WHEREAS: The City of Corning is sworn to defend the constitutional rights
of all persons in the community, and determined to further the free exercise
and enjoyment of all the rights guaranteed by the Constitutions of the
State of New York and the United States, and;
WHEREAS: Several state and federal statutes and executive orders including
the USA PATRIOT Act (Public Law 107-56), Homeland Security Act of 2002,
Military Commissions Act of 2006, Foreign Intelligence Surveillance Act
Amendments Act (H.R. 6304), and National Defense Authorization Act of
2012 now threaten such fundamental rights and liberties as freedom of
speech, religion and assembly, the right to privacy, due process in judicial
proceedings, equal protection of the laws, and protection from unreasonable
search and seizure, now therefore be it
RESOLVED: That the City of Corning will affirm the primacy of the Bill
of Rights in our society and that as a document it and the Constitution
exists above all other laws enacted in the United States.
RESOLVED: That the City of Corning will instruct Corning law enforcement
officers and all other City employees to preserve all the above mentioned
rights for all persons by refraining from acting in a manner which infringes
upon those freedoms and rights, even if authorized or requested to do
so by federal or state law enforcement officials alleging authority under
the USA PATRIOT Act (Public Law 107-56), Homeland Security Act of 2002,
Military Commissions Act of 2006, Foreign Intelligence Surveillance Act
Amendments Act (H.R. 6304), and National Defense Authorization Act of
2012.
RESOLVED: That the City Council urges all elected officials who represent
the City of Corning to monitor the implementation of the above mentioned
Acts and actively work for the repeal of those provisions which violate
the fundamental rights and liberties stated in the Constitution of the
United States and the State of New York.
RESOLVED: That the City Clerk shall communicate this resolution to all
the elected representatives of the City of Corning in the Steuben County
Legislature, the New York State Legislature, and the United States Congress,
to the Governor and Attorney General of the State of New York, the United
States Attorney General and the President of the United States.
City Referendum
WHEREAS: Democracy is the most vital component of our republic, having
the potential to prevent our system of political representation from becoming
an oligarchy. In the United States there is a long history of local direct
democracy that has empowered the lives of citizens, and;
WHEREAS: Systems of direct democracy created and sustained by local communities
practice principles of self-management, self-determination, and decentralization
of power. Self-management avoids situations where one person or group
has control over others. Self-determination allows individuals to make
decisions on policies and action that directly affect them. Decentralization
of power insures that decisions are made at the most direct and local
level, and;
WHEREAS: Other States and communities have already established various
types of direct democracy through systems of initiative and referendum,
now therefore be it
RESOLVED: A referendum system shall be established where initiatives
supported by city residents shall be placed on the ballot for a general
election. Initiatives shall be presented with petitions carrying the signatures
of residents who are registered voters in the city. Petitions having signatures
of at least 2% of the number of city voters who voted in the last gubernatorial
election shall be presented to the City Council for either outright passage
or approval to be placed on the next general election ballot. Petitions
having signatures of at least 5% of the number of city voters who voted
in the last gubernatorial election shall be automatically placed on the
next general election ballot. The petitions must be collected in the same
year as the intended general election ballot, and shall be submitted 45
days before the general election. The City Council, or committee appointed
by the City Council, shall oversee the design of the petitions, their
availability, and their inspection upon submission.
Community Bill of Rights
WHEREAS: This local law is enacted pursuant to the inherent right of
the residents of the City of Corning to govern and protect their own community.
This includes, without limitation, the Declaration Of Independence’s statement
that governments are instituted to secure the rights of people, and the
New York Constitution’s recognition that “all power is inherent in the
people”, and;
WHEREAS: This local law, among other things, confirms and reaffirms a
Bill Of Rights which recognizes and secures certain civil and political
rights of the residents of the City of Corning to govern themselves and
protect themselves from harm to their persons, property, and environment,
and;
WHEREAS: New technologies are being deployed in other states, and are
likely to be attempted to be used within the City of Corning, to extract
natural gas and oil through processes known as hydraulic fracturing and
horizontal drilling, now therefore be it
RESOLVED: This local law establishes and codifies a set of rights in
regards to the City of Corning, its residents, and its environment or
ecosystems. These rights are:
1. Right To Water: All residents, natural communities, and ecosystems
in the City of Corning possess a fundamental and inalienable right to
maintain the sustainable access, use, consumption, and preservation of
water drawn from natural water systems, springs, and wells that provide
water necessary to sustain life within the city.
2. Rights Of Natural Communities: Ecosystems and natural communities
possess the right to exist and flourish within the city. The residents
of the City of Corning have the inalienable right to enforce and defend
those rights to protect all ecosystems including, but not limited to,
wetlands, streams, rivers, aquifers, and other water systems within the
City of Corning.
3. Right To Self-Government: All residents of the City of Corning possess
the fundamental and inalienable right to a form of governance where they
live which recognizes that all power is inherent in the people, that all
free governments are founded on the people’s authority and consent, and
that neither individuals nor corporate entities and their directors and
managers shall enjoy special privileges or powers under the color of state
law which purports to make community majorities subordinate to them.
4. People As Sovereign: The City of Corning shall be the governing authority
responsible to, and governed by, the residents of the city. The people
at all times enjoy and retain an inalienable and indefeasible right to
self-governance in the community where they reside.
5. Rights As Self-Executing: All rights delineated and secured by this
local law shall be self-executing and these rights shall be enforceable
against individuals, corporations, and governmental entities.
RESOLVED: This local law bans the commercial extraction of natural gas
and oil, using the process commonly known as hydraulic fracturing, and
further bans horizontal gas well drilling within the City of Corning.
Those forms of extraction violate the civil rights of residents of the
City of Corning by posing a direct and immediate threat to the health,
safety, and welfare of residents within the City of Corning.
Cooperative Business Act
WHEREAS: Worker cooperatives follow the seven cooperative principles
as best they are able. These principles are:
1. voluntary and open membership
2. democratic member control
3. member economic participation
4. autonomy and independence
5. education, training, and information for members and the public
6. cooperation among cooperatives
7. concern for community
WHEREAS: The operational requirements of cooperatives are defined in
IRS statutes and regulations. The key requirements are subordination of
capital, democratic control by members, and patronage distribution. Subordination
of capital is defined as equity holding does not confer control or economic
rights and that members receive economic benefits on the basis of what
they do instead of what they own. Democratic control by members is defined
as one member gets one vote. Patronage distribution is defined as the
coop members are rewarded in direct proportion to their work contribution,
and;
WHEREAS: The benefits of cooperatives to the community are numerous.
There is an advancement of local economic stability and an increase of
local circulation of capital, thereby increasing economic multipliers
and the impact of community investment to spur locally oriented economic
growth. There is also the developing, attracting, and anchoring of new
productive capital in low income areas and neighborhoods. Finally, there
is the expansion of investment opportunities and asset creation for low
and moderate income residents, now therefore be it
RESOLVED: That the Corning Economic Loan Fund will be amended in the
following ways:
Under section III. entitled “General Requirements And Terms”, add “All
economic development loans must be made for cooperative businesses or
other businesses that have employee ownership and democratic control.”.
Under section IV. entitled “Specific Loan Requirements”, section A. entitled “Economic
Loans”, and the section entitled “Requirements”, add:
1. The business must operate as a worker owned and worker governed cooperative
business and be defined as such in its articles of incorporation and/or
bylaws.
2. At least 2 members of the cooperative must be Corning, New York residents.
3. Its principal place of business must be in Corning.
RESOLVED: That the Corning City Council, Corning Mayor, and Corning City
Manager will actively work to help the Steuben County Industrial Development
Agency to incorporate similar requirements for cooperative businesses
in their policies of business development.
Participatory Budgeting
WHEREAS: The allocation of public budgets, especially local budgets,
affects the everyday life of citizens in terms of the relationship between
public spending and public services. Decisions made in the formation of
budgets is one of the primary roles of democracy, and;
WHEREAS: The formation of a personal budget is the responsibility of
private individuals in that these individuals are the owners of the resources
being allocated. Since public budgets are the allocation of taxes paid
by private individuals, the private individuals who pay taxes are the
co-owners of the public services funded by those taxes, now therefore
be it
RESOLVED: No later than March 1, a form shall be distributed by mail
to all city residents who will pay city taxes that year, either directly
through home ownership or indirectly through rent. The form shall have
the list of city departments with a empty box or space next to each one.
Each department listing shall also include at least three examples of
public services overseen by that department.
RESOLVED: Taxpayers shall be instructed that they will have the ability
to choose where 30% of their
subsequent individual tax payment of that year shall go in the city budget
among the departments listed. Taxpayers shall be instructed to write in
the empty boxes or spaces what part of that 30% they wish to be allocated,
and they will be notified that they have the option to leave boxes or
spaces empty. If taxpayers do not allocate all of the 30%, then the remainder
shall be allocated by the City Manager in the rest of the budget formation
process.
RESOLVED: Taxpayers will have until April 1 to return the forms, and
the allocations made by taxpayers shall be considered binding in the overall
budget formation process. The forms shall be designed by the City Council
or by a committee designated by the City Council.
For more information, contact:
Darin Robbins for Mayor
78 Sterling Street
Corning, New York 14830
dcr420dcr at hotmail.com
(607)-936-3294
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