Section 81.
§ 81. Qualifications; election; term; salary; removal; vacancy. a.
There shall be a president of each borough, who shall be a resident
thereof at the time of election and remain a resident thereof throughout
the term of office.
b. The borough president shall be elected by the electors of the
borough at the same time and for the same term as in this charter
prescribed for the mayor. A borough president who resigns or is removed
from office prior to the completion of a full term shall be deemed to
have served a full term for purposes of section 1138 of the charter.
c. The salary of the borough president shall be one hundred sixty
thousand dollars a year.
d. A president of a borough may be removed or suspended in the same
manner as provided in this charter with respect to the mayor.
e. Any vacancy in the office of a borough president shall be filled by
popular election in the manner set forth in this subdivision. Until an
interim or permanent successor is first elected, the deputy borough
president or the executive assistant, in the order of priority specified
by the borough president pursuant to subdivision one of section
eighty-two, shall act as borough president.
1. Within three days of the occurrence of a vacancy in a borough
presidency, the 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 appropriate
borough.
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 occurring 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 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 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
forty-five days after the occurrence of the vacancy, provided that the
mayor, in the proclamation required by paragraph one of this
subdivision, may schedule such election for another day no more than ten
days after such Tuesday and not less than forty days after such
proclamation if the 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 forty-five 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 forty-five 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 forty-five 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 a borough presidency 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 a borough presidency
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.
Section 82.
§ 82. Powers and duties. The president of a borough shall: 1. Appoint
and may at pleasure remove a deputy and an executive assistant, either
of whom may discharge such of the powers of the president of the borough
as the president by instrument in writing, filed in the borough
president's office and with the city clerk and each board, body or
committee of which the borough president is a member, may delegate to
either of them. Either the deputy or the executive assistant, designated
pursuant to this subdivision, in the order of priority specified by the
president in such instrument, shall, when such office becomes vacant, or
when such president is prevented from attending to the duties of the
office, by reason of sickness, absence from the city or suspension from
office, temporarily act as such president.
2. Have power to appoint a secretary and such assistants, clerks and
subordinates as such borough president may deem necessary, within the
appropriation therefor. The said secretary, assistants, clerks and
subordinates shall hold office at the pleasure of the president, subject
to the provisions of the civil service law.
3. Continue to maintain a topographical bureau for such borough and
appoint the director of the bureau who shall also serve as construction
coordinator and consulting engineer for the borough and shall have
qualifications as a licensed professional engineer. In addition to other
duties, the director of the bureau shall monitor capital projects in the
borough and shall be available to serve as an expediter on construction
projects in the borough and provide technical assistance with respect to
construction projects.
4. Have power to recommend capital projects.
5. Have power to hold public hearings on matters of public interest.
6. Make recommendations to the mayor and to other city officials in
the interests of the people of the borough.
7. Within appropriations therefor, establish and maintain a budget
office for the borough to assist the borough president in the
preparation of budget proposals, review and analysis of proposed
budgets, departmental estimates, budget modifications and other fiscal
matters under the jurisdiction of the president of the borough.
8. Consult with the mayor in the preparation of the executive expense
budget and the executive capital budget and submit proposed
appropriations and other budget recommendations to the mayor and the
council in accordance with chapters three, six, and nine of the charter.
9. Establish and maintain a planning office for the borough to assist
the borough president in planning for the growth, improvement and
development of the borough; reviewing and making recommendations
regarding applications and proposals for the use, development or
improvement of land located within the borough; preparing environmental
analyses required by law; providing technical assistance to the
community boards within the borough; and performing such other planning
functions as are assigned to the borough president by this charter or
other law.
10. Monitor and make recommendations regarding the performance of
contracts providing for the delivery of services in the borough and,
when the borough president deems it appropriate, require that a hearing
be held in the borough by a contract performance panel.
11. Have power to have legislation introduced in the council; such
proposed legislation shall indicate that it was introduced at the behest
of the borough president.
12. Provide training and technical assistance to the members of
community boards within the borough.
13. Oversee the coordination of a borough-wide public service
complaint program and report to the mayor, council president and public
on recurring complaints of borough residents and the borough president's
recommendations for improving the city's response to such complaints.
14. On or before the first day of September nineteen hundred ninety,
and every four years thereafter, prepare a strategic policy statement
for the borough and provide copies of such statement to the mayor,
council and community boards in the borough. Such statement shall
include: (i) a summary of the most significant long-term issues faced by
the borough; (ii) policy goals related to such issues; and (iii)
proposed strategies for meeting such goals. In preparing the statement,
the borough president shall consult with the community boards in the
borough.
15. Make a complete transcript of each public hearing called by the
borough president available for public inspection free of charge within
sixty days after the hearing and provide a copy of any requested pages
of such transcript at a reasonable fee to cover copying and, if
relevant, mailing costs.
16. Perform such other functions and duties and exercise such other
powers as may be assigned by law.
Section 83.
§ 83. Organization of office. Any borough president, to the extent to
which the organization of such borough president's office is not
prescribed by law, may organize such borough president's office into
such divisions, bureaus or offices and make such assignments of powers
and duties among them, and from time to time change such organization or
assignments as the borough president may consider advisable.
Section 85.
§ 85. Borough board. a. There shall be in each borough a board to be
known as the borough board which shall consist of the borough president
and the district council members from such borough, and the chairperson
of each community board in the borough. The borough president shall be
the chairperson of such board, which shall hold public hearings at
stated intervals in the borough and report to the council, the mayor and
the city planning commission on borough programs and proposed borough
capital projects. The borough president, the council members from the
borough and the chairperson of the community boards in the borough shall
be voting members of the borough board but a member from a community
board shall vote only on issues that directly affect the community
district represented by such member. The borough board shall employ
technical and clerical assistance within appropriations for such
purposes, and the borough president shall provide necessary additional
staff assistance.
b. Each borough board shall:
(1) Cooperate with community boards and city agencies with respect to
matters relating to the welfare of the borough and its residents;
(2) In its discretion hold or conduct public or private hearings;
(3) Adopt by-laws and meet at least once a month but no formal action
of the board shall be taken except at a meeting open to the public;
(4) Assist agencies that deliver services within the borough in the
preparation of service statements for the borough and review such
statements;
(5) Prepare comprehensive and special purpose plans for the physical
growth, improvement and development of the borough;
(6) Review and make recommendations with respect to applications and
proposals of public agencies and private entities for the use,
development, or improvement of land located in more than one district;
(7) Mediate disputes and conflicts among two or more community
districts in the borough;
(8) Submit a comprehensive statement of the expense and capital budget
priorities and needs of the borough;
(9) Evaluate the progress of capital developments within the borough
and the quality and quantity of services provided by agencies within the
borough;
(10) Give notice of all its public meetings and hearings, and make
such meetings and hearings available for broadcasting and cablecasting;
(11) Keep a public record of its activities and transactions,
including minutes of meetings, majority and minority reports, by-laws,
and all documents which the board is required by law to review; such
documents shall, in accordance with law, be made available to elected
officials upon request and for reasonable public inspection; and
(12) Otherwise consider the needs of the borough.
c. A majority of the members of any borough board entitled to vote on
a matter before such board shall constitute a quorum of such board for
action on such board.
d. Whenever any act is authorized to be done or any determination or
decision made by any borough board, the act, determination or decision
of the majority of the members present entitled to vote during the
presence of a quorum, shall be held to be the act, determination or
decision of such board.
e. Any borough board may adopt rules permitting a member to designate
a representative to exercise all the power of such member as a member of
the borough board. Such a representative shall be considered a member of
the board for the purpose of determining a quorum of the borough board.
Section 86.
§ 86. Opening and closing streets. Except in the case of an
emergency, no person, agency, business, association, or corporation
shall remove the pavement, disturb the surface or otherwise open or
close a street, road or highway until a written notice is filed at least
ten days in advance of the intended action with the construction
coordinator and consulting engineer for the borough in the office of the
borough president and the office of district manager for the community
district in which the street, road or highway is located. In the event
of an emergency, such notice may be made in person or by telephone
before the action is instituted and in writing immediately after the
action is instituted. If this is not feasible, notice shall be made in
person or by telephone and in writing immediately after the action is
instituted.
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.
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