Section 3.
§ 3. Office powers. The mayor shall be the chief executive officer of
the city.
Section 4.
§ 4. Election; term; salary. The mayor shall be elected at the general
election in the year nineteen hundred sixty-five and every fourth year
thereafter. The mayor shall hold office for a term of four years
commencing on the first day of January after each such election. A mayor
who resigns or is removed from office prior to the completion of a full
term shall be deemed to have held that office for a full term for
purposes of section 1138 of the charter. The salary of the mayor shall
be two hundred twenty-five thousand dollars a year.
Section 5.
§ 5. Annual statement to council. The mayor shall communicate to the
council at least once in each year a statement of the finances,
government and affairs of the city with a summary statement of the
activities of the agencies of the city. Such statement shall include a
summary of the city's progress in implementing the goals and strategies
contained in the most recent final strategic policy statement submitted
by that mayor pursuant to section seventeen.
Section 6.
§ 6. Heads of departments; appoint; remove. a. The mayor shall
appoint the heads of administrations, departments, all commissioners and
all other officers not elected by the people, except as otherwise
provided by law.
b. The mayor, whenever in his judgment the public interest shall so
require, may remove from office any public officer holding office by
appointment from a mayor of the city, except officers for whose removal
other provision is made by law. No public officer shall hold his office
for any specific term, except as otherwise provided by law.
Section 7.
§ 7. Deputy mayors. The mayor shall appoint one or more deputy
mayors with such duties and responsibilities as the mayor determines.
Section 8.
§ 8. General powers. The mayor, subject to this charter, shall
exercise all the powers vested in the city, except as otherwise provided
by law.
a. The mayor shall be responsible for the effectiveness and integrity
of city government operations and shall establish and maintain such
policies and procedures as are necessary and appropriate to accomplish
this responsibility including the implementation of effective systems of
internal control by each agency and unit under the jurisdiction of the
mayor.
b. The mayor shall be a magistrate.
c. Notwithstanding any other provision of law, the mayor shall have
the powers of a finance board under the local finance law and may
exercise such powers without regard to any provision of law prescribing
the voting strength required for a resolution or action of such finance
board, provided, however, that whenever the mayor determines that
obligations should be issued and the amount thereof, he shall certify
such determination to the comptroller who shall thereupon determine the
nature and term of such obligations and shall arrange for the issuance
thereof.
d. The mayor shall establish a minimum per diem compensation for
inspectors of election and clerks employed to assist the inspectors of
election in polling places under the direction of the board of elections
as follows: on registration and primary election days twenty dollars; on
Election day thirty-five dollars, except that the chairman of each
election board shall receive an additional three dollars compensation
per day. The minimum per diem rate for compensation for election
inspectors attending classes of instruction shall be five dollars.
e. The mayor shall establish a professional internal audit function in
the executive office of the mayor which is sufficient to provide the
mayor with such information and assurances as the mayor, as the chief
executive of the city, requires to ensure the proper administration of
the city's affairs and the efficient conduct of its business.
f. Except as otherwise provided in section eleven, the mayor may, by
executive order, at any time, create or abolish bureaus, divisions or
positions within the executive office of the mayor as he or she may deem
necessary to fulfill mayoral duties. The mayor may from time to time by
executive order, delegate to or withdraw from any member of said office,
specified functions, powers and duties, except the mayor's power to act
on local laws or resolutions of the council, to act as a magistrate or
to appoint or remove officials. Every such order shall be filed with the
city clerk who shall forward them forthwith to the City Record for
publication.
g. The city has the power to determine the duties of its employees,
and it is essential to the workings of city government that the city
retain control over information obtained by city employees in the course
of their duties. In the exercise of this power, the mayor may promulgate
rules requiring that information obtained by city employees be kept
confidential to the extent necessary to preserve the trust of
individuals who have business with city agencies. To the extent set
forth in such rules, each agency shall, to the fullest extent permitted
by the laws of the United States and the state of New York, maintain the
confidentiality of information in its possession relating to the
immigration status or other private information that was provided by an
individual to a city employee in the course of such employee's duties.
Section 9.
§ 9. Removal of mayor. The mayor may be removed from office by the
governor upon charges and after service upon him of a copy of the
charges and an opportunity to be heard in his defense. Pending the
preparation and disposition of charges, the governor may suspend the
mayor for a period not exceeding thirty days.
Section 10.
§ 10. Succession. a. In case of the suspension of the mayor from
office, the mayor's temporary inability to discharge the powers and
duties of the office of mayor by reason of sickness or otherwise, or the
mayor's absence from the city, the powers and duties of the office of
mayor shall devolve upon the public advocate or the comptroller in that
order of succession until the suspension, inability or absence shall
cease. While so acting temporarily as mayor neither the public advocate
nor the comptroller shall exercise any power of appointment to or
removal from office or any power lawfully delegated by the mayor to a
deputy mayor before the commencement of such suspension or inability, or
before or after the commencement of such absence; and shall not, until
such suspension, inability or absence shall have continued nine days,
sign, approve or disapprove any local law or resolution, unless the
period during which the mayor can act thereon would expire during said
nine days in which case the public advocate or the comptroller shall
have the power to disapprove the same within forty-eight hours before
the time to act expires.
b. In the case of a failure of a person elected as mayor to qualify,
or a vacancy in the office caused by the mayor's resignation, removal,
death or permanent inability to discharge the powers and duties of the
office of mayor, such powers and duties shall devolve upon the public
advocate, the comptroller or a person selected pursuant to subdivision c
of section twenty-eight, in that order of succession, until a new mayor
shall be elected as provided herein. Upon the commencement of the term
of the person first elected mayor pursuant to the provisions of
subdivision c of this section, the person then acting as mayor pursuant
to the provisions of this subdivision, if an elected official, shall
complete the term of the office to which such person was elected if any
remains.
c. 1. Within three days of the occurrence of a vacancy in the office
of the mayor, the person acting as mayor shall proclaim the date for the
election or elections required by this subdivision, provide notice of
such proclamation to the city clerk and the board of elections and
publish notice thereof in the City Record. After the proclamation of the
date for an election to be held pursuant to paragraphs four or five of
this subdivision, the city clerk shall publish notice thereof not less
than twice in each week preceding the date of such election in
newspapers distributed within the city, and the board of elections shall
mail notice of such election to all registered voters within the city.
2. If a vacancy occurs during the first three years of the term, a
general election to fill the vacancy for the remainder of the unexpired
term shall be held in the year in which the vacancy occurs, unless the
vacancy occurs after the last day on which an occuring vacancy may be
filled at the general election in that same year with party nominations
of candidates for such election being made at a primary election, as
provided in section 6-116 of the election law. If such a vacancy occurs
in any year after such last day, it shall be filled for the remainder of
the unexpired term at the general election in the following year
provided, however, that no general election to fill a vacancy shall be
held in the last year of the term, except as provided in paragraph nine
of this subdivision. Party nominations of candidates for a general
election to fill a vacancy for the remainder of the unexpired term shall
be made at a primary election, except as provided in paragraph five of
this subdivision.
3. If a special or general election to fill the vacancy on an interim
basis has not been previously held pursuant to paragraphs four, six,
seven and eight of this subdivision, the person elected to fill the
vacancy for the remainder of the unexpired term at a general election
shall take office immediately upon qualification and shall serve until
the term expires. If a special or general election to fill the vacancy
on an interim basis has been previously held, the person elected to fill
the vacancy for the remainder of the unexpired term at a general
election shall take office on January first of the year following such
general election and shall serve until the term expires.
4. If a vacancy occurs during the first three years of the term and on
or before the last day in the third year of the term on which an
occurring vacancy may be filled for the remainder of the unexpired term
at a general election with party nominations of candidates for such
election being made at a primary election, as provided in section 6-116
of the election law, a special or general election to fill the vacancy
on an interim basis shall be held, unless the vacancy occurs less than
ninety days before the next primary election at which party nominations
for a general election to fill the vacancy may be made and on or before
the last day on which an occurring vacancy may be filled for the
remainder of the unexpired term at the general election in the same year
in which the vacancy occurs with party nominations of candidates for
such election being made at a primary election, as provided in section
6-116 of the election law.
5. If a vacancy occurs after the last day in the third year of the
term on which an occurring vacancy may be filled for the remainder of
the unexpired term at a general election in each year with party
nominations of candidates for such election are being made at a primary
election, as provided in section 6-116 of the election law, but not less
than ninety days before the date of the primary election in the fourth
year of such term, a special or general election to fill such vacancy
for the remainder of the unexpired term shall be held.
6. Elections held pursuant to paragraph four or five of this
subdivision shall be scheduled in the following manner: a special
election to fill the vacancy shall be held on the first Tuesday at least
sixty days after the occurrence of the vacancy, provided that the person
acting as mayor, in the proclamation required by paragraph one of this
subdivision, may schedule such election for another day not more than
ten days after such Tuesday and not less than forty days after such
proclamation if the person acting as mayor determines that such
rescheduling is necessary to facilitate maximum voter participation;
except that
(a) if the vacancy occurs before September twentieth in any year and
the first Tuesday at least sixty days after the occurrence of the
vacancy is less than ninety days before a regularly scheduled general
election or between a primary and a general election, the vacancy shall
be filled at such general election; and
(b) if the vacancy occurs before September twentieth in any year and
the first Tuesday at least sixty days after the occurrence of the
vacancy is after a regularly scheduled general election, the vacancy
shall be filled at such general election; and
(c) if the vacancy occurs on or after September twentieth in any year
and the first Tuesday at least sixty days after the occurrence of the
vacancy is after, but less than thirty days after, a regularly scheduled
general election, the vacancy shall be filled at a special election to
be held on the first Tuesday in December in such year.
7. All nominations for elections to fill vacancies held pursuant to
paragraphs four and five of this subdivision shall be by independent
nominating petition. A signature on an independent nominating petition
made earlier than the date of the proclamation required by paragraph one
of this subdivision shall not be counted.
8. A person elected to fill a vacancy in the office of the mayor at an
election held pursuant to paragraph four of this subdivision shall take
office immediately upon qualification and serve until December
thirty-first of the year in which the vacancy is filled for the
remainder of the unexpired term pursuant to paragraph two of this
subdivision. A person elected to fill a vacancy in the office of the
mayor at an election held pursuant to paragraph five of this subdivision
shall take office immediately upon qualification and serve until the
term expires.
9. If a vacancy occurs less than ninety days before the date of the
primary election in the last year of the term, the person elected at the
general election in such year for the next succeeding term shall take
office immediately upon qualification and fill the vacancy for the
remainder of the unexpired term.
10. If at any election held pursuant to this subdivision for which
nominations were made by independent nominating petitions, no candidate
receives forty percent or more of the vote, the two candidates receiving
the most votes shall advance to a runoff election which shall be held on
the second Tuesday next succeeding the date on which such election was
held.
d. Determination of mayoral inability.
1. Voluntary declaration of temporary inability. Whenever the mayor
transmits to the official next in line of succession and to the city
clerk, a written declaration that he or she is temporarily unable to
discharge the powers and duties of the office of mayor, such powers and
duties shall devolve upon the official next in line of succession,
subject to the provisions of subdivision a of this section. Thereafter
if the mayor transmits to the acting mayor and to the city clerk a
written declaration that he or she is able to resume the discharge of
the powers and duties of the office of mayor, the mayor shall resume the
discharge of such powers and duties immediately upon the receipt of such
declaration by the city clerk.
2. Inability committee. (a) There shall be a committee on mayoral
inability consisting of: the corporation counsel, the comptroller, the
speaker of the council, a deputy mayor who shall be designated by the
mayor, and the borough president with the longest consecutive service as
borough president. If two or more borough presidents have served for an
equal length of time, one of such borough presidents shall be selected
by lot to be a member of such committee. If at any time there is no
valid mayoral designation in force, the deputy mayor with the longest
consecutive service as a deputy mayor shall be a member of such
committee. The authority to act as a member of such committee shall not
be delegable.
(b) Such committee by affirmative declaration of no fewer than four of
its members shall have the power to make the declarations described in
paragraphs four and five of this subdivision. No such declaration shall
be effective unless signed by all the members making it.
3. Panel on mayoral inability. (a) There shall be a panel on mayoral
inability. Unless otherwise provided by state law, such panel shall
consist of all the members of the council.
(b) The panel shall have the power to make the determinations
described in paragraphs four and five of this subdivision.
4. Temporary inability. (a) Whenever the committee on mayoral
inability personally serves or causes to be personally served upon the
mayor and transmits to the official next in line of succession, the
members of the panel on mayoral inability and the city clerk, its
written declaration that the mayor is temporarily unable to discharge
the powers and duties of the office of mayor, together with a statement
of its reasons for such declaration, such declaration shall constitute a
determination of temporary inability unless the mayor, within
forty-eight hours after receipt of such declaration, transmits to the
official next in line of succession, the members of the committee on
mayoral inability, the members of the panel on mayoral inability and the
city clerk, a written declaration that he or she is able to discharge
the powers and duties of the office of mayor, together with responses to
the statement by the committee on mayoral inability of its reasons for
its declaration.
(b) If personal service of the committee's declaration upon the mayor
cannot be accomplished, or if such service has been accomplished but the
mayor has not transmitted a declaration that he or she is able to
discharge the powers and duties of the office of mayor within
forty-eight hours after receipt of such declaration, such powers and
duties shall devolve upon the official next in line of succession,
subject to the provisions of subdivision a of this section, unless and
until the mayor resumes the authority to discharge such powers pursuant
to the provisions of subparagraphs (e) or (f) of this paragraph.
(c) If within such forty-eight hours, the mayor transmits a
declaration that he or she is able to discharge the powers and duties of
the office of mayor, such powers and duties shall not devolve upon the
official next in line of succession and the mayor shall continue to
discharge the powers and duties of the office of mayor, unless and until
the panel on mayoral inability, within twenty-one days after its receipt
of the mayor's declaration, determines by two-thirds vote of all its
members that the mayor is temporarily unable to discharge the powers and
duties of the office of mayor. If the panel determines that the mayor is
unable to discharge the powers and duties of the office of mayor, such
powers and duties shall devolve upon the official next in line of
succession, subject to the provisions of subdivision a of this section,
unless and until the mayor resumes the authority to discharge such
powers and duties pursuant to the provisions of subparagraphs (e) or (f)
of this paragraph.
(d) If, at any time prior to a final determination by the panel
pursuant to subparagraph (c) of this paragraph the mayor transmits a
voluntary declaration of temporary inability pursuant to the provisions
of paragraph one of this subdivision, to the official next in line of
succession, the members of the committee on mayoral inability, the
members of the panel on mayoral inability, and the city clerk, then the
procedures set forth in paragraph one of this subdivision shall be
followed.
(e) If a determination of temporary inability has been made pursuant
to the provisions of subparagraphs (a) or (c) of this paragraph, and if
thereafter, the mayor transmits to the acting mayor, the members of the
committee on mayoral inability, the members of the panel on mayoral
inability and the city clerk, a written declaration that he or she is
able to resume the discharge of the powers and duties of the office of
mayor, then the mayor shall resume the discharge of such powers and
duties four days after the receipt of such declaration by the city
clerk, unless the committee on mayoral inability, within such four days,
personally serves or causes to be personally served upon the mayor and
transmits to the acting mayor, the members of the panel on mayoral
inability and the city clerk, its written declaration that the mayor
remains unable to discharge the powers and duties of the office of
mayor.
(f) If the committee transmits a declaration that the mayor remains
unable to discharge the powers and duties of the office of mayor, the
mayor shall not resume the discharge of the powers and duties of the
office of mayor unless and until the panel on mayoral inability, within
twenty-one days of its receipt of such declaration, determines by
two-thirds vote of all its members that the inability has in fact
ceased. Upon such a determination by the panel, or after the expiration
of twenty-one days, if the panel has not acted, the mayor shall resume
the discharge of the powers and duties of the office of mayor.
5. Permanent inability. (a) Whenever the committee on mayoral
inability personally serves or causes to be personally served upon the
mayor and transmits to the official next in line of succession, the
members of the panel on mayoral inability and the city clerk, its
declaration that the mayor is permanently unable to discharge the powers
and duties of the office of mayor, together with its reasons for such
declaration, the panel on mayoral inability shall, within twenty-one
days after its receipt of such declaration, determine whether or not the
mayor is permanently unable to discharge the powers and duties of the
office of mayor.
(b) If the panel determines by two-thirds vote of all its members that
the mayor is permanently unable to discharge the powers and duties of
the office of mayor, such powers and duties shall devolve upon the
official next in line of succession as acting mayor pursuant to
subdivision b of this section, and the office of mayor shall be deemed
vacant.
6. Continuation of salary; disability allowance. (a) During the time
that any official is acting as mayor pursuant to a determination of
temporary inability, the mayor shall continue to be paid the salary of
the office of mayor, and the acting mayor shall continue to be paid the
salary of the office to which such person was elected.
(b) Any mayor who has been determined to be permanently unable to
discharge the powers and duties of the office of mayor pursuant to
paragraph five of this subdivision shall continue to receive from the
city, a sum which together with the mayor's disability benefits and
retirement allowance, if any, computed without optional modification,
shall equal the annual salary which such mayor was receiving at the time
of the determination of permanent inability. Such disability allowance
shall begin to accrue on the date of the determination of permanent
inability and shall be payable on the first day of each month until the
expiration of the term for which such mayor had been elected or such
mayor's death, whichever shall occur first. Such mayor shall apply for
any retirement allowance or disability benefits to which he or she may
be entitled and the disability allowance provided for in this section
shall not reduce or suspend such retirement allowance or disability
benefits, notwithstanding any other provision of law.
Section 11.
§ 11. Reorganization of agencies under jurisdiction of mayor. a. The
agencies existing on the effective date of this section are continued
except as otherwise provided in the charter or as otherwise provided by
state or local law enacted since that date or by any actions taken by
the mayor pursuant to this section since that date. To achieve effective
and efficient functioning and management of city government, the mayor
may organize or reorganize any agency under his jurisdiction, including
the authority to transfer functions from one agency to another; create
new agencies; eliminate existing agencies; and consolidate or merge
agencies. Any action by the mayor pursuant to this subdivision shall be
termed a "reorganization plan" and shall be published in the City
Record.
b. In preparing reorganization plans, the mayor shall eliminate, as
appropriate, agencies or functions which duplicate or overlap similar
agencies of, or functions performed by, other agencies of city, state or
local government.
c. If any proposed reorganization plan involves a change of a
provision of this charter, except as provided pursuant to subdivision f
of this section, or local law now in effect, or otherwise involves
reorganization of an agency created pursuant to a resolution of the
board of estimate or executive order of the mayor, a copy of the
reorganization plan first shall be submitted to the council. Within a
period of ninety days from the date of receipt, the council may adopt a
resolution that approves or disapproves the reorganization plan. In the
event the council takes no action within the ninety-day period, the
reorganization plan shall be deemed approved as if the council had taken
affirmative action, and is then effective.
d. The text of a reorganization plan approved pursuant to subdivision
c of this section shall appear as a part of the administrative code.
e. The mayor may withdraw or modify a reorganization plan submitted to
the council before any final action by the council with respect to it.
f. The authority of the mayor pursuant to this section shall not apply
(1) to any matter which would otherwise require the submission of a
local law for the approval of the electors pursuant to section
thirty-seven, or (2) to any board or commission established pursuant to
a provision of this charter.
Section 12.
§ 12. Mayor's management report. a. Not later than January thirtieth
in each year the mayor shall make public and submit to the council a
preliminary management report of the city and not later than September
seventeenth in each year the mayor shall make public and submit to the
council a management report.
b. The preliminary management report shall contain for each city
agency
(1) a statement of actual performance for the first four months of the
current fiscal year relative to the program performance goals and
measures established for such year;
(2) proposed program performance goals and measures for the next
fiscal year reflecting budgetary decisions made as of the date of
submission of the preliminary budget;
(3) an explanation in narrative and/or tabular form of significant
changes in the program performance goals and measures from the adopted
budget condition to the current budget as modified and from said
modified budget to the preliminary budget statements; and
(4) an appendix indicating the relationship between the program
performance goals and measures included in the management report
pursuant to paragraph two of this subdivision and the corresponding
appropriations contained in the preliminary budget.
c. The management report shall include a review of the implementation
of the statement of needs as required by subdivision h of section two
hundred four and shall contain for each agency
(1) program performance goals for the current fiscal year and a
statement and explanation of performance measures;
(2) a statement of actual performance for the entire previous fiscal
year relative to program performance goals;
(3) a statement of the status of the agency's internal control
environment and systems, including a summary of any actions taken during
the previous fiscal year, and any actions being taken during the current
fiscal year to strengthen the agency's internal control environment and
system;
(4) a summary of rulemaking actions undertaken by the agency during
the past fiscal year including
(a) the number of rulemaking actions taken,
(b) the number of such actions which were not noticed in the
regulatory agenda prepared for such fiscal year, including a summary of
the reasons such rules were not included in such regulatory agenda, and
(c) the number of such actions which were adopted under the emergency
rulemaking procedures;
(5) a summary of the procurement actions taken during the previous
fiscal year, including: (i) for each of the procurement methods
specified in section three hundred twelve, the number and dollar value
of the procurement contracts entered into during such fiscal year; and
(ii) for all procurement contracts entered into pursuant to a
procurement method other than that specified in paragraph one of
subdivision a of section three hundred twelve, the number and dollar
value of such procurement contracts by each of the reasons specified in
paragraph one of subdivision b of section three hundred twelve; and
(6) an appendix indicating the relationship between the program
performance goals included in the management report pursuant to
paragraph two of this subdivision and the corresponding expenditures
made pursuant to the adopted budget for the previous fiscal year.
d. For agencies with local service districts or programs within
community districts and boroughs, the mayor's preliminary management
report and management report insofar as practicable shall include
schedules of agency service goals, performance measures and actual
performance relative to goals for each such local service district or
program.
e. Prior to April eighth in each year the council shall conduct public
hearings on the preliminary management report and on the proposed
program and performance goals and measures of city agencies contained in
such report. The council shall submit to the mayor and make public not
later than April eighth a report or reports of findings and
recommendations.
Section 13.
§ 13. Coordinator of criminal justice. There is established in the
executive office of the mayor a position of coordinator of criminal
justice, to be appointed by the mayor. The coordinator shall:
(1) advise and assist the mayor in planning for increased
coordination and cooperation among agencies under the jurisdiction of
the mayor that are involved in criminal justice programs and activities;
(2) review the budget requests of all agencies for programs related
to criminal justice and recommend to the mayor budget priorities among
such programs; and,
(3) perform such other duties as the mayor may assign.
Section 13-a.
§ 13-a. Code of administrative judicial conduct. The mayor and the
chief administrative law judge of the office of administrative trials
and hearings shall jointly promulgate, and may from time to time jointly
amend, rules establishing a code or codes of professional conduct
governing the activities of all administrative law judges and hearing
officers in city tribunals, except to the extent that such promulgation
would be inconsistent with law. Prior to promulgating or amending any
such rules, the mayor and the chief administrative law judge shall
consult with the conflicts of interest board, the commissioner of
investigation and affected agency and administrative tribunal heads. An
administrative law judge or hearing officer shall be subject to removal
or other disciplinary action for violating such rules in the manner that
such administrative law judge or hearing officer may be removed or
otherwise disciplined under law. Further, such rules may set forth
additional sanctions or penalties for violations of such rules to the
extent consistent with law.
Section 14.
§ 14. Office of veterans' affairs. a. There shall be an office of
veterans' affairs, the head of which shall be the director of veterans'
affairs, who shall be appointed by the mayor.
b. Definition. The term "veteran" means a person who has served in the
active military service of the United States and who has been released
from such service otherwise than by dishonorable discharge.
c. Powers and duties. The office: 1. shall have such powers as
provided by the director of the state veterans' service agency and shall
have the duty to inform military and naval authorities of the United
States and assist members of the armed forces and veterans, who are
residents of this state, and their families, in relation to (a) matters
pertaining to educational training and retraining services and
facilities, (b) health, medical and rehabilitation service and
facilities, (c) provisions of federal, state and local laws and
regulations affording special rights and privileges to members of the
armed forces and veterans and their families, (d) employment and
re-employment services, and (e) other matters of similar, related or
appropriate nature. The office also shall perform such other duties as
may be assigned by the state director of the division of veterans'
affairs;
2. shall utilize, so far as possible, the services, commissions,
boards, bureaus, institutions and other agencies of the state and of the
political subdivisions thereof and all such officers and agencies shall
cooperate with and extend such services and facilities to the office as
it may require.
d. Veterans advisory board. There shall be a veterans' advisory board
consisting of nine members, all of whom shall be veterans, five of whom
shall be appointed by the mayor and four of whom shall be appointed by
the speaker of the council of the city of New York. Of these nine
appointees, there shall be one representative from each of the five
boroughs of the city of New York. The mayor and the speaker shall each
consider service in conflicts involving members of the United States
armed forces when making such appointments. All members shall serve for
a term of three (3) years and may be removed by the appointing official
for cause. Members of the advisory board shall elect by majority vote
one such member to serve as chairperson and one such member to serve as
vice-chairperson, each to serve in that capacity for one-year terms. In
the event of a vacancy on the advisory board during the term of office
of a member by reason of removal, death, resignation, or otherwise, a
successor shall be chosen in the same manner as the original
appointment. A member appointed to fill a vacancy shall serve for the
balance of the unexpired term. The advisory board shall (i) advise the
director on all matters concerning veterans; (ii) meet at least
quarterly; (iii) keep a record of its deliberations; (iv) determine its
own rules of procedure; and (v) submit an annual report of its
activities to the mayor and the council on or before December 31st of
each year.
Section 15.
§ 15. Office of Operations. a. There shall be, in the executive office
of the mayor, an office of operations. The office shall be headed by a
director, who shall be appointed by the mayor.
b. The director of the office of operations shall have the power and
the duty to:
1. plan, coordinate and oversee the management of city governmental
operations to promote the efficient and effective delivery of agency
services;
2. review and report on the city's management organization including
productivity and performance functions and systems;
3. maintain for the mayor a management, planning and reporting system
and direct the operation of such system;
4. review the city's operations and make recommendations, where
appropriate, for improving productivity, measuring performance and
reducing operating expenses; and
5. perform the functions of an office of environmental coordination
and provide assistance to all city agencies in fulfilling their
environmental review responsibilities for proposed actions by the city
subject to such review.
c. There shall be an office of the language services coordinator
within the office of operations. Within appropriations therefor, the
coordinator shall appoint such experts and assistants as necessary to
fulfill the duties assigned to the office by this charter. The office of
the language services coordinator shall have the following powers and
duties.
1. To establish standards and criteria, to be used by city agencies
which provide services to the public, for estimating, and reporting on,
the need to provide such services in languages other than English.
2. To provide technical assistance to such city agencies in developing
appropriate plans and programs to: (i) deliver their services in
languages other than English, (ii) translate written materials into such
languages, and (iii) educate the public about such agency plans and
programs.
3. In conjunction with a committee of agency representatives, to
develop testing materials to evaluate the ability of city employees to
deliver services in languages other than English; to develop materials
to be used in the training of such employees; and, either on its own or
in cooperation with the appropriate agencies, to provide such training.
4. To monitor and report on the performance of city agencies in
delivering services in languages other than English.
5. To maintain in a central place which is accessible to the public a
library of written materials published by city agencies in such
languages.
d. 1. The city of New York recognizes that services for people
suffering from mental retardation and developmental disabilities are
provided by programs administered within a number of different city
agencies, as well as by non-governmental entities. The city of New York
further recognizes the need for coordination and cooperation among city
agencies and between city agencies and non-governmental entities that
provide such services.
2. There shall be mental retardation and developmental disability
coordination within the office of operations. In performing functions
relating to such coordination, the office of operations shall be
authorized to: develop methods to: (i) improve the coordination within
and among city agencies that provide services to people with mental
retardation or developmental disabilities, including but not limited to
the department of health and mental hygiene, the administration for
children's services, the human resources administration, department of
youth and community development, the department of juvenile justice, and
the department of employment, or the successors to such agencies, and
the health and hospitals corporation and the board of education; and
(ii) facilitate coordination between such agencies and non-governmental
entities providing services to people with mental retardation or
developmental disabilities; review state and federal programs and
legislative proposals that may affect people with mental retardation or
developmental disabilities and provide information and advice to the
mayor regarding the impact of such programs or legislation; recommend
legislative proposals or other initiatives that will benefit people with
mental retardation or developmental disabilities; and perform such other
duties and functions as the mayor may request to assist people with
mental retardation or developmental disabilities and their family
members.
e. There shall be a director of environmental remediation within the
office of operations. The director, who shall be appointed by the mayor,
shall head the office of environmental remediation and shall have the
power and the duty to:
1. in consultation with other city agencies and officials, including
the department of health and mental hygiene, as appropriate, plan,
establish, coordinate, and oversee city policy regarding the
identification, investigation, remediation, and redevelopment of
brownfields that is protective of public health and the environment, and
supportive of the city's economic development;
2. develop programs for sustainable growth in consultation with the
office of long-term planning and sustainability. Such programs shall
focus on projects that are consistent with brownfield opportunity area
plans and on communities that (i) contain a disproportionate number of
brownfield sites, (ii) show indicators of economic distress, including
low resident incomes, high unemployment, high commercial vacancy rates
and depressed property values, or (iii) contain brownfield sites that
present strategic opportunities to stimulate economic development,
community revitalization or the siting of public amenities.
3. identify and catalogue brownfields and potential brownfields;
4. develop and administer a local brownfield cleanup program to
facilitate the identification, investigation, remediation, and
redevelopment of brownfields in support of the city's economic
development;
5. develop and administer financial and other incentive programs to
encourage public or private entities to identify, investigate,
remediate, and redevelop brownfields in support of the city's economic
development. The financial incentive program shall give priority to
projects that are consistent with brownfield opportunity area plans;
6. promote community participation and community assistance, and
provide technical support for community participation, in the
identification, investigation, remediation, and redevelopment of
brownfields in support of the city's economic development;
7. educate and train community groups, developers, and property owners
about the identification, investigation, remediation, and redevelopment
of brownfields in support of the city's economic development;
8. act as intermediary for city agencies and officials, as
appropriate, for brownfield matters, including with respect to the state
brownfield opportunity area program. The office shall facilitate
interactions among city agencies, community based organizations,
developers, and environmental experts and assist community based
organizations in brownfield redevelopment.
9. support the efforts of community groups, developers, and property
owners to obtain and utilize federal, state, and private incentives to
identify, investigate, remediate, and redevelop brownfields;
10. coordinate, partner, and enter into agreements with federal and
state agencies and officials and other entities in connection with the
identification, investigation, remediation, and redevelopment of
brownfields in support of the city's economic development. Such
agreements may include a pledge by a federal or state agency or official
that no further action may be taken against a local brownfield site that
has been issued a certificate of completion pursuant to chapter nine of
title twenty-four of the administrative code;
11. apply for and administer funds for the identification,
investigation, remediation, and redevelopment of brownfields in support
of the city's economic development;
12. advise city agencies and officials regarding the identification,
investigation, remediation, and redevelopment of brownfields in support
of the city's economic development;
13. evaluate and report publicly on progress in the identification,
investigation, remediation, and redevelopment of brownfields in support
of the city's economic development;
14. take such other actions as may be necessary to facilitate the
identification, investigation, remediation, and redevelopment of
brownfields in support of the city's economic development, including the
review and acceptance of remedial plans for brownfield redevelopment
projects such as city-sponsored affordable housing projects;
15. administer the E-Designation program, as defined in section 11-15
of the zoning resolution of the city of New York, acting as successor to
the department of environmental protection for such purpose;
16. ensure compliance with hazardous waste restrictive declarations
arising from the environmental review of land use actions, acting as
successor to the department of environmental protection for such
purpose;
17. establish fees for programs administered by the office; and
18. promulgate such rules as are necessary to implement the provisions
of this subdivision.
* f. 1. The office of operations shall develop a business owner's bill
of rights. The bill of rights shall be in the form of a written
document, drafted in plain language, that advises business owners of
their rights as they relate to agency inspections. The bill of rights
shall include, but not be limited to, notice of every business owner's
right to: i) consistent enforcement of agency rules; ii) compliment or
complain about an inspector or inspectors, and information sufficient to
allow a business owner to do so; iii) contest a notice of violation
before the relevant local tribunal, if any; iv) an inspector who behaves
in a professional and courteous manner; v) an inspector who can answer
reasonable questions relating to the inspection, or promptly makes an
appropriate referral; and vi) an inspector with a sound knowledge of the
applicable laws, rules and regulations.
2. To the extent practicable, the office of operations shall develop
and implement a plan to distribute the bill of rights to all relevant
business owners, including via electronic publication on the internet,
and to notify such business owners if the bill of rights is subsequently
updated or revised. The office of operations shall also develop and
implement a plan in cooperation with all relevant agencies to facilitate
distribution of a physical copy of the bill of rights to business owners
or managers at the time of an inspection, except that if the inspection
is an undercover inspection or if the business owner or manager is not
present at the time of the inspection, then a copy of the bill of rights
shall be provided as soon as practicable.
3. The bill of rights shall serve as an informational document only
and nothing in this subdivision or in such document shall be construed
so as to create a cause of action or constitute a defense in any legal,
administrative, or other proceeding.
* NB Effective until April 16, 2014
* f. 1. The office of operations shall develop a business owner's bill
of rights. The bill of rights shall be in the form of a written
document, drafted in plain language, that advises business owners of
their rights as they relate to agency inspections. The bill of rights
shall include, but not be limited to, notice of every business owner's
right to: i) consistent enforcement of agency rules; ii) compliment or
complain about an inspector or inspectors, and information sufficient to
allow a business owner to do so; iii) contest a notice of violation
before the relevant local tribunal, if any; iv) an inspector who behaves
in a professional and courteous manner; v) an inspector who can answer
reasonable questions relating to the inspection, or promptly makes an
appropriate referral; vi) an inspector with a sound knowledge of the
applicable laws, rules and regulations; vii) access information in
languages other than English; and viii) request language interpretation
services for agency inspections of the business.
2. To the extent practicable, the office of operations shall develop
and implement a plan to distribute the bill of rights to all relevant
business owners, including via electronic publication on the internet,
and to notify such business owners if the bill of rights is subsequently
updated or revised. The office of operations shall also develop and
implement a plan in cooperation with all relevant agencies to facilitate
distribution of a physical copy of the bill of rights to business owners
or managers at the time of an inspection, except that if the inspection
is an undercover inspection or if the business owner or manager is not
present at the time of the inspection, then a copy of the bill of rights
shall be provided as soon as practicable.
3. To the extent practicable, the office of operations shall develop
and implement a plan for each business owner to indicate the language in
which such owner would prefer that agency inspections of the business be
conducted. To the extent practicable, the office of operations shall
also develop and implement a plan to inform all relevant agencies of
such respective language preference.
4. The bill of rights shall serve as an informational document only
and nothing in this subdivision or in such document shall be construed
so as to create a cause of action or constitute a defense in any legal,
administrative, or other proceeding.
* NB Effective April 16, 2014
g. 1. The office of operations shall develop a standardized customer
service training curriculum to be used, to the extent practicable, by
relevant agencies for training agency inspectors. Such training shall
include instruction on communicating effectively with non-English
speakers during inspections. For purposes of this subdivision, relevant
agencies shall include the department of buildings, the department of
consumer affairs, the department of health and mental hygiene, the
department of environmental protection, the department of sanitation,
and the bureau of fire prevention of the fire department.
2. The office of operations shall review each relevant agency's
inspector training program to ensure that such program includes customer
service training and, to the extent practicable, includes the
standardized customer service training and, to the extent practicable,
includes the standardized customer service training curriculum developed
by the office of operations pursuant to paragraph one of this
subdivision. After completing such review, the office of operations
shall certify an agency's inspector training program if it includes, to
the extent practicable, the standardized customer service training
curriculum developed by the office of operations pursuant to paragraph
one of this subdivision. Any such certification shall be provided to the
speaker of the council upon request.
3. No later than July 1, 2013, the office of operations shall submit
to the mayor and the speaker of the council a copy of the standardized
customer service training curriculum developed pursuant to paragraph one
of this subdivision and shall report the number of agency inspector
training programs reviewed by the office of operations and the number of
such programs that were certified. No later than January 1, 2014 and
annually thereafter, the office of operations shall submit to the mayor
and the speaker of the council any substantive changes to the
standardized customer service training curriculum and shall report the
number of agency inspector training programs that were reviewed and the
number of such programs that were certified by the office of operations
during the prior year.
Section 16.
§ 16. Report on social indicators. The mayor shall submit an annual
report to the council, borough presidents, and community boards
analyzing the social, economic and environmental health of the city and
proposing strategies for addressing the issues raised in such analysis.
The report shall present and analyze data on the social, economic and
environmental conditions which are significantly related to the
jurisdiction of the agencies responsible for the services specified in
section twenty seven hundred four, the health and hospitals corporation,
and such other agencies as the mayor shall from time to time specify.
The report shall include the generally accepted indices of unemployment,
poverty, child welfare, housing quality, homelessness, health, physical
environment, crime, and such other indices as the mayor shall require by
executive order or the council shall require by local law. Such report
shall be submitted no later than sixty days before the community boards
are required to submit budget priorities pursuant to section two hundred
thirty and shall contain: (1) the reasonably available statistical data,
for the current and previous five years, on such conditions in the city
and, where possible, in its subdivisions; and a comparison of this data
with such relevant national, regional or other standards or averages as
the mayor deems appropriate; (2) a narrative discussion of the
differences in such conditions among the subdivisions of the city and of
the changes over time in such conditions; and (3) the mayor's short and
long term plans, organized by agency or by issue, for responding to the
significant problems evidenced by the data presented in the report.
Section 17.
§ 17. Strategic policy statement. a. On or before the fifteenth day of
November of nineteen hundred ninety, and every four years thereafter,
the mayor shall submit a preliminary strategic policy statement for the
city to the borough presidents, council, and community boards. Such
preliminary statement shall include: (i) a summary of the most
significant long-term issues faced by the city; (ii) policy goals
related to such issues; and (iii) proposed strategies for meeting such
goals. In preparing the statement of strategic policy, the mayor shall
consider the strategic policy statements prepared by the borough
presidents pursuant to subdivision fourteen of section eighty-two.
b. On or before the first day of February of nineteen hundred
ninety-one, and every four years thereafter, the mayor shall submit a
final strategic policy statement for the city to the borough presidents,
council and community boards. The final statement shall include such
changes and revisions as the mayor deems appropriate after reviewing the
comments received on the preliminary strategic policy statement.
Section 18.
§ 18. Office of immigrant affairs. a. The city recognizes that a large
percentage of its inhabitants were born abroad or are the children of
parents who were born abroad and that the well-being and safety of the
city is put in jeopardy if the people of the city do not seek medical
treatment for illnesses that may be contagious, do not cooperate with
the police when they witness a crime or do not avail themselves of city
services to educate themselves and their children. It is therefore
desirable that the city promote the utilization of city services by all
its residents, including foreign-born inhabitants, speakers of foreign
languages and undocumented aliens.
b. In furtherance of the policies stated in subdivision a of this
section, there shall be established in the executive office of the mayor
an office of immigrant affairs. The office shall be headed by a
director, who shall be appointed by the mayor. The director of the
office of immigrant affairs shall have the power and the duty to:
1. advise and assist the mayor and the council in developing and
implementing policies designed to assist immigrants and other
foreign-language speakers in the city;
2. enhance the accessibility of city services to immigrants and
foreign-language speakers by establishing programs to inform and educate
immigrant and foreign language speakers of such services;
3. manage a citywide list of translators and interpreters to
facilitate communication between city agencies and foreign language
speakers;
4. perform policy analysis and make recommendations concerning
immigrant affairs; and
5. perform such other duties and functions as may be appropriate to
pursue the policies set forth in subdivision a of this section.
c. Any service provided by a city agency shall be made available to
all aliens who are otherwise eligible for such service to the same
extent such service is made available to citizens unless such agency is
required by law to deny eligibility for such service to aliens.
Section 19.
§ 19. Office to combat domestic violence. a. The city of New York
recognizes that domestic violence is a public health issue that
threatens hundreds of thousands of households each year and that
respects no boundaries of race, ethnicity, age, gender, sexual
orientation or economic status. The city of New York further recognizes
that the problems posed by domestic violence fall within the
jurisdiction and programs of various City agencies and that the
development of an integrated approach to the problem of domestic
violence, which coordinates existing services and systems, is critical
to the success of the city of New York's efforts in this area.
b. There shall be, in the executive office of the mayor, an office to
combat domestic violence. The office shall be headed by a director, who
shall be appointed by the mayor.
c. The director of the office to combat domestic violence shall have
the power and duty to:
1. coordinate domestic violence services;
2. formulate policies and programs relating to all aspects of services
and protocols for victims of domestic violence;
3. develop methods to improve the coordination of systems and services
for domestic violence;
4. develop and maintain mechanisms to improve the response of city
agencies to domestic violence situations and improve coordination among
such agencies; and
5. implement public education campaigns to heighten awareness of
domestic violence and its effects on society and perform such other
functions as may be appropriate regarding the problems posed by domestic
violence.
d. 1. For purposes of this subdivision, the following terms shall have
the following meanings:
(i) "Agency" shall mean a city, county, borough, or other office,
position, administration, department, division, bureau, board or
commission, or a corporation, institution or agency of government, the
expenses of which are paid in whole or in part from the city treasury.
(ii) "Domestic violence fatality" shall mean a death of a family or
household member, resulting from an act or acts of violence committed by
another family or household member, not including acts of self-defense.
(iii) "Family or household member" shall mean the following
individuals:
(a) persons related by consanguinity or affinity;
(b) persons legally married to one another;
(c) persons formerly married to one another regardless of whether they
still reside in the same household;
(d) persons who have a child in common regardless of whether such
persons have been married or have lived together at any time;
(e) persons not legally married, but currently living together in a
family-type relationship; and
(f) persons not legally married, but who have formerly lived together
in a family-type relationship.
Such term, as described in (e) and (f) of this subparagraph, therefore
includes "common law" marriages, same sex couples, registered domestic
partners, different generations of the same family, siblings and
in-laws.
(iv) "Perpetrator" shall mean a family or household member who
committed an act or acts of violence resulting in a domestic violence
fatality.
(v) "Victim" shall mean a family or household member whose death
constitutes a domestic violence fatality.
2. There shall be a domestic violence fatality review committee to
examine aggregate information relating to domestic violence fatalities
in the city of New York. Such committee shall develop recommendations
for the consideration of the director of the office to combat domestic
violence regarding the coordination and improvement of services for
victims of domestic violence provided by agencies and private
organizations that provide such services pursuant to a contract with an
agency. The committee shall be convened by the director of the office to
combat domestic violence, or his or her designee, and shall consist of
the director of the office to combat domestic violence, or his or her
designee, the commissioner of the police department, or his or her
designee, the commissioner of the department of health and mental
hygiene, or his or her designee, the commissioner of the department of
social services/human resources administration, or his or her designee,
the commissioner of the department of homeless services, or his or her
designee and the commissioner of the administration for children's
services, or his or her designee. The committee shall also consist of
two representatives of programs that provide social or legal services to
victims of domestic violence and two individuals with personal
experience with domestic violence. The director of the office to combat
domestic violence, or his or her designee, shall serve as chairperson of
the committee. At the discretion of the director of the office to combat
domestic violence, the committee may also include a representative of
any of the offices of the district attorney of any of the five boroughs
and/or a representative of the New York city housing authority. Each
member of the committee other than any member serving in an ex officio
capacity shall be appointed by the mayor.
(i) The service of each member other than a member serving in an ex
officio capacity shall be for a term of two years to commence ninety
days after the effective date of the local law that added this
subdivision. Any vacancy occurring other than by expiration of term
shall be filled by the mayor in the same manner as the original position
was filled. A person filling such a vacancy shall serve for the
unexpired portion of the term of the member succeeded. New terms shall
begin on the next day after the expiration date of the preceding term.
(ii) Members of the committee shall serve without compensation.
(iii) No person shall be ineligible for membership on the committee
because such person holds any other public office, employment or trust,
nor shall any person be made ineligible to or forfeit such person's
right to any public office, employment or trust by reason of such
appointment.
(iv) The committee shall meet at least four times a year.
3. The committee's work shall include, but not be limited to,
reviewing statistical data relating to domestic violence fatalities;
analyzing aggregate information relating to domestic violence
fatalities, including, non-identifying data with respect to victims and
perpetrators involved in domestic violence fatalities, such as gender,
age, race and familial or other relationship involved, and, if
available, religion, ethnicity and employment status; examining any
factors indicating a high-risk of involvement in domestic violence
fatalities; and developing recommendations for the director of the
mayor's office to combat domestic violence regarding the coordination
and improvement of services for victims of domestic violence provided by
agencies and private organizations that provide such services pursuant
to a contract with an agency.
4. The committee may request and receive information from any agency
as may be necessary to carry out the provisions of this subdivision, in
accordance with applicable laws, rules and regulations, including, but
not limited to, the exceptions to disclosure of agency records contained
in the public officers law. Nothing in this subdivision shall be
construed as limiting any right or obligation of agencies pursuant to
the public officers law, including the exceptions to disclosure of
agency records contained in such law, with respect to access to or
disclosure of records or portions thereof. The committee may also
request from any private organization providing services to domestic
violence victims pursuant to a contract with an agency information
necessary to carry out the provisions of this subdivision. To the extent
provided by law, the committee shall protect the privacy of all
individuals involved in any domestic violence fatality that the
committee may receive information on in carrying out the provisions of
this subdivision.
5. The committee shall submit to the mayor and to the speaker of the
city council, on an annual basis, a report including, but not limited
to, the number of domestic violence fatality cases which occurred in the
city of New York during the previous year; the number of domestic
violence fatality cases reviewed by the committee during the previous
year, if any; any non-identifying data with respect to victims and
perpetrators involved in domestic violence fatalities, such as gender,
age, race and familial or other relationship involved, and, if
available, religion, ethnicity and employment status; any factors
indicating a high risk of involvement in domestic violence fatalities;
and recommendations regarding the coordination and improvement of
services for victims of domestic violence provided by agencies and
private organizations that provide such services pursuant to a contract
with an agency.
Section 20.
§ 20. Office of long-term planning and sustainability. a. The mayor
shall establish an office of long-term planning and sustainability. Such
office may, but need not, be established in the executive office of the
mayor and may be established as a separate office or within any other
office of the mayor or within any department the head of which is
appointed by the mayor. Such office shall be headed by a director who
shall be appointed by the mayor or by the head of such department. For
the purposes of this section only, "director" shall mean the director of
long-term planning and sustainability.
b. Powers and duties. The director shall have the power and the duty
to:
1. develop and coordinate the implementation of policies, programs and
actions to meet the long-term needs of the city, with respect to its
infrastructure, environment and overall sustainability citywide,
including but not limited to the categories of housing, open space,
brownfields, transportation, water quality and infrastructure, air
quality, energy, and climate change; the resiliency of critical
infrastructure, the built environment, coastal protection and
communities; and regarding city agencies, businesses, institutions and
the public;
2. develop measurable sustainability indicators, which shall be used
to assess the city's progress in achieving sustainability citywide;
3. take actions to increase public awareness and education regarding
sustainability and sustainable practices; and
4. appoint a deputy director who shall be responsible for matters
relating to resiliency of critical infrastructure, the built
environment, coastal protection and communities and who shall report to
the director.
c. Sustainability indicators. No later than December thirty-first, two
thousand eight and annually thereafter, the director shall identify a
set of indicators to assess and track the overall sustainability of the
city with respect to the categories established pursuant to paragraph
one of subdivision b of this section and any additional categories
established by the director, and prepare and make public a report on the
city's performance with respect to those indicators. Such report may be
prepared and presented in conjunction with the mayor's management report
required pursuant to section twelve of this chapter. The report shall
include, at a minimum:
1. the city's progress in achieving sustainability citywide, which
shall be based in part on the sustainability indicators developed
pursuant to paragraph two of subdivision b of this section; and
2. any new or revised indicators that the director has identified and
used or will identify and use to assess the city's progress in achieving
sustainability citywide, including, where an indicator has been or will
be revised or deleted, the reason for such revision or deletion.
d. Population projections. No later than April twenty-second, two
thousand ten, and every four years thereafter, the department of city
planning shall release or approve and make public a population
projection for the city that covers a period of at least twenty-one
years, with intermediate projections at no less than ten year intervals.
Where feasible, such projections shall include geographic and
demographic indicators.
e. Long-term sustainability plan. 1. The director shall develop and
coordinate the implementation of a comprehensive, long-term
sustainability plan for the city. Such plan shall include, at a minimum:
i. an identification and analysis of long-term planning and
sustainability issues associated with, but not limited to, housing, open
space, brownfields, transportation, water quality and infrastructure,
air quality, energy, and climate change; and
ii. goals associated with each category established pursuant to
paragraph one of subdivision b of this section and any additional
categories established by the director, and a list of policies, programs
and actions that the city will seek to implement or undertake to achieve
each goal by no later than April twenty-second, two thousand thirty.
2. No later than April twenty-second, two thousand eleven, and no
later than every four years thereafter, the director shall develop and
submit to the mayor and the speaker of the city council an updated
long-term sustainability plan, setting forth goals associated with each
category established pursuant to paragraph one of subdivision b of this
section and any additional categories established by the director, and a
list of policies, programs and actions that the city will seek to
implement or undertake to achieve each goal by no later than twenty
years from the date each such updated long-term sustainability plan is
submitted. No later than two thousand fifteen, and no later than every
four years thereafter, the plan shall also include a list of policies,
programs and actions that the city will seek to implement or undertake
to achieve each goal relating to the resiliency of critical
infrastructure, the built environment, coastal protection and
communities. Such updated plan shall take into account the population
projections required pursuant to subdivision d of this section. An
updated plan shall include, for each four-year period beginning on the
date an updated plan is submitted to the mayor and the speaker of the
city council, implementation milestones for each policy, program and
action contained in such plan. An updated plan shall report on the
status of the milestones contained in the immediately preceding updated
plan. Where any categories, goals, policies, programs or actions have
been revised in, added to or deleted from an updated plan, or where any
milestone has been revised in or deleted from an updated plan, the plan
shall include the reason for such addition, revision or deletion. The
director shall seek public input regarding an updated plan and its
implementation before developing and submitting such plan pursuant to
this paragraph. The director shall coordinate the implementation of an
updated long-term sustainability plan.
f. Review and reporting. 1. No later than April twenty-second, two
thousand nine, and no later than every April twenty-second thereafter,
the director shall prepare and submit to the mayor and the speaker of
the city council a report on the city's long-term planning and
sustainability efforts. In those years when an updated long-term
sustainability plan is submitted pursuant to paragraph two of
subdivision e of this section, such report may be incorporated into the
updated long-term sustainability plan. The report shall include, at a
minimum:
i. the city's progress made to implement or undertake policies,
programs and actions included in the sustainability plan or updated
sustainability plan required by subdivision e of this section, since the
submission of the most recent plan or updated plan or report required by
this paragraph; and
ii. any revisions to policies, programs or actions in the previous
long-term sustainability plan, including the reason for such revision.
g. There shall be a sustainability advisory board whose members,
including, at a minimum, representatives from environmental,
environmental justice, planning, architecture, engineering, coastal
protection, construction, critical infrastructure, labor, business and
academic sectors, shall be appointed by the mayor. The advisory board
shall also include the speaker of the city council or a designee and the
chairperson of the council committee on environmental protection or a
designee. The advisory board shall meet, at a minimum, twice per year
and shall provide advice and recommendations to the director regarding
the provisions of this section.
h. The director shall post on the city's website, a copy of each
sustainability plan required by subdivision e of this section, and all
reports prepared pursuant to this section, within ten days of their
completion.
i. Interagency green team. 1. There is hereby established within the
office an interagency green team under the management of the director or
the director's designee to facilitate the use of innovative
technologies, design and construction techniques, materials or products
that may have significant environmental and sustainability benefits and
to assist innovative projects in addressing city agency regulatory
requirements.
2. The interagency green team shall include as members the
commissioners of buildings, environmental protection, transportation,
design and construction, health and mental hygiene and the chairperson
of the city planning commission, or their respective designees, and such
other members as the director shall designate. The director shall also
designate members from among the fire commissioner and the commissioners
of parks and recreation, consumer affairs, emergency management, housing
preservation and development, sanitation, and the chairperson of the
landmarks preservation commission, or their respective designees, with
respect to specific matters being considered by the interagency green
team where the director determines it appropriate to do so.
j. The director or the director's designee, in consultation with the
commissioner of the department of health and mental hygiene, the
commissioner of the department of social services/human resources
administration, or their respective designees, and community based
organizations and service providers with relevant expertise and such
other individuals as the director shall designate, shall establish a set
of indicators to measure food security. Such indicators shall include
but need not be limited to an analysis of existing federal data on food
security and the use and impact of governmental nutrition assistance
programs. The director, or the director's designee, shall prepare and
present a report on such indicators to be included in the annual city
food system metrics report required pursuant to section 3-120 of the
code.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.