Section 91.
§ 91. Election; term; salary. The comptroller shall be elected by the
electors of the city at the same time and for the same terms as in this
charter prescribed for the mayor. A comptroller 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. The salary of the comptroller shall be one hundred eighty-five
thousand dollars a year.
Section 92.
§ 92. Removal from office. The comptroller may be removed or
suspended in the same manner as provided in this charter with respect to
the mayor.
Section 93.
§ 93. Powers and duties. a. The comptroller from time to time in his
or her discretion may, and whenever required by law or requested by the
mayor or the council, shall advise the mayor and the council on the
financial condition of the city or any phase thereof and make such
recommendations, comments and criticisms in regard to the operations,
fiscal policies and financial transactions of the city as he or she may
deem advisable in the public interest.
b. The comptroller shall have power to audit and investigate all
matters relating to or affecting the finances of the city, including
without limitation the performance of contracts and the receipt and
expenditure of city funds, and for such purpose shall have power to
require the attendance and examine and take the testimony under oath of
such persons as the comptroller may deem necessary. The comptroller
shall conduct all audits of entities under contract with the city as
expeditiously as possible and in no case shall initiate an audit later
than two years after the expiration of a contract term unless the
comptroller determines in writing that: (1) such audit is initiated in
connection with litigation brought by or against the city, (2) it was
not practicable to initiate an audit within such two year period, or (3)
the initiation of the audit after the two year period is appropriate in
light of information discovered in an audit of another contract of the
same contractor. Such written determination shall be filed with the
mayor, council and public advocate.
c. The comptroller shall have power to audit all agencies, as defined
in subdivision two of section eleven hundred fifty, and all agencies,
the majority of whose members are appointed by city officials. The
comptroller shall be entitled to obtain access to agency records
required by law to be kept confidential, other than records which are
protected by the privileges for attorney-client communications, attorney
work products, or material prepared for litigation, upon a
representation by the comptroller that necessary and appropriate steps
will be taken to protect the confidentiality of such records. The
comptroller shall establish a regular auditing cycle to ensure that one
or more of the programs or activities of each city agency, or one or
more aspects of each agency's operations, is audited at least once every
four years. The audits conducted by the comptroller shall comply with
generally accepted government auditing standards. In accordance with
such standards, and before any draft or final audit or audit report, or
portion thereof, may be made public, the comptroller shall send a copy
of the draft audit or audit report to the head of the audited agency and
provide the agency, in writing, with a reasonable deadline for its
review and response. The comptroller shall include copies of any such
agency response in any draft or final audit or audit report, or portion
thereof, which is made public. The comptroller shall send copies of all
final audits and audit reports to the council, the mayor, and the audit
committee.
d. The comptroller shall (1) audit financial transactions of the city,
including vouchers, warrants, and payrolls; (2) audit all official
accounts and the accrual and collection annually of all revenues and
receipts; and (3) audit the expenditure of city funds by any public or
private agency that receives such funds from the city.
e. The comptroller shall audit the operations and programs of city
agencies to determine whether funds are being expended or utilized
efficiently and economically and whether the desired goals, results or
benefits of agency programs are being achieved. The comptroller shall
investigate the processing of vouchers and the payment of bills by city
agencies and shall audit agency compliance with applicable procedures in
procuring goods, services and construction. The comptroller shall also
undertake studies, including cost benefit analyses, of: (i) purchases of
goods, services, and construction by agencies of government that use
city funds for such purposes and (ii) the adoption and use of new
technology by city agencies to promote their economy and efficiency, and
periodically report the findings and recommendations of such studies to
the mayor, the council and the public.
f. Not later than the first day of March of each year, the comptroller
shall deliver to the mayor and council a report describing all major
audits of city agencies conducted by the comptroller during the previous
fiscal year; the corrective actions recommended in such audits; the
corrective actions which have been implemented to the extent such
information is known to the comptroller on the basis of agency reports,
comptroller audits, or otherwise; and the comptroller's recommendations,
if any, for additional corrective actions.
g. The comptroller shall have power and it shall be his duty to audit
all vouchers before payment for availability of funds and prepare
warrants. No warrant shall be prepared by the comptroller unless
sufficient appropriations are available to cover the payments involved.
No agency shall expend or commit any funds otherwise than for the
program and purposes for which the funds have been appropriated and the
comptroller shall conduct audits and take such other action as is
required to assure compliance with this provision.
h. Except as provided in subdivision g, the agencies shall prepare and
audit vouchers before payment, prepare and audit payrolls, receive and
inspect goods and forward vouchers to the comptroller for payment. The
comptroller shall prescribe methods, with which all agencies shall
comply, for preparing and auditing vouchers before payment, preparing
payrolls, and recording, reporting and accounting in the several
agencies and shall conduct reviews to assure compliance. The
comptroller may suspend or withdraw the authority delegated to an agency
pursuant to this subdivision (1) upon a finding of abuse of such
authority or on a determination that the agency lacks adequate internal
controls to exercise such authority properly and (2) upon the approval
of the audit committee after the agency has had an opportunity to be
heard on this matter.
i. The comptroller shall have the power to settle and adjust all
claims in favor of or against the city in such manner as shall be
prescribed by law and for that purpose may administer oaths, except
that, with regard to excise and non-property taxes, such power shall be
vested in the commissioner of finance. The comptroller shall not revise
the terms of a contract or agreement with the city after its execution.
The city may include in construction contracts or agreements for capital
projects provisions that authorize the comptroller to submit disputes
arising under any such contract or agreement to impartial arbitration.
j. The comptroller shall administer and manage the several sinking
funds of the city and all other trust funds held by the city, and
provide for the receipt and safekeeping of all moneys in such funds,
except as provided in paragraph b of subdivision three of section
fifteen hundred four of this charter, and in such administration the
comptroller shall be deemed to be acting in a fiduciary capacity.
k. The comptroller shall keep the accounts of the city and shall at
least once in each month render to each agency a summary statement of so
much thereof as relates to such agency.
l. Within four months after the close of each fiscal year, the
comptroller shall publish a statement for such year, including a full
and detailed statement of the revenues and expenditures of the city and
the surplus at the end of the fiscal year, including the average daily
collected deposits in bank accounts of the city, the investment
performance of city pension and other investment funds, an itemized
statement of all taxes due and uncollected at the close of the fiscal
year, the reserve for estimated uncollectible taxes, and the uncollected
parking violation fines receivable, an itemized statement of the
condition of the sinking funds, and any other assessable improvement
funds, and of the tax appropriation and general fund stabilization
reserve fund as at the close of the fiscal year, the different sources
of city revenue, including itemization of receivables due from state or
federal sources by program and fiscal year, and the amount received from
each, the several appropriations made for the fiscal year, the objects
for which they were made and the amount of expenditures made under each,
the money borrowed on the credit of the city, the amount of each loan,
the authority under which it was made and the terms on which it was
obtained, and such other information in regard to such fiscal year as
may be determined by the comptroller or by law.
m. The comptroller shall establish for his or her office and for all
city agencies a uniform system of accounting and reporting based on
generally accepted accounting principles.
1. Such uniform system of accounts shall provide:
(a) control accounts in the office of the comptroller that are
consistent with budgeted units of appropriation and that are adequate to
record and control spending by the agencies and to prevent agencies from
exceeding appropriations;
(b) detailed accounts in the agencies for the purposes of cost
accounting, rate of expenditure information and other management
information data; and
(c) geographic accounts for the reporting of expenditures for local
service districts of agencies within community districts and boroughs.
2. The comptroller shall prescribe procedures for accounting and
reporting for all agencies, and review agency accounts and systems to
assure compliance with this chapter and with the methods, standards and
procedures prescribed by the comptroller for the agencies.
n. The comptroller shall prescribe systems of accounting for city
agencies whose revenues arising out of the use of the facilities and
services supplied by such agencies constitute fifty per centum or more
of the appropriations provided for the operation of such agencies, which
systems of accounting shall conform so far as practicable to standard
public utility accounting practices. The comptroller shall publish in
the comptroller's annual report the financial statements for such city
agencies.
o. Notwithstanding the provisions of any general, special or local law
or this charter or any contract heretofore or hereafter made or awarded
by the city of New York or by any agency, department or authority acting
on its behalf, the comptroller may, at his or her discretion, turn over
the physical custody and safekeeping of bonds, notes, obligations or
other evidences of indebtedness which have been or will be deposited
with the comptroller as collateral security as required by law or
contract to a custodian who may be (a) any bank or trust company
incorporated in the state, or (b) any national bank located in the
state, or (c) any private banker duly authorized by the superintendent
of banks of this state to engage in business here. The comptroller may
enter into a contract with such custodian under terms and conditions
which the comptroller may require. Each depositor of collateral security
shall bear a proportionate share of the cost of such custodial
safekeeping which shall be paid to the city of New York.
p. No contract or agreement executed pursuant to this charter or other
law shall be implemented until (1) a copy has been filed with the
comptroller and (2) the comptroller has registered it, in accordance
with sections three hundred twenty-eight and three hundred seventy-five
of the charter.
q. The council shall periodically review the requirements contained in
the charter for studies and reports by the comptroller and may by local
law revise such requirements as it deems appropriate. At such times as
the mayor or the council shall request, the comptroller shall submit to
them such information as they may request. The comptroller, upon
request, shall assist the council in the conduct of any of its
investigations or studies of the fiscal or economic affairs of the city
or of any agency. The comptroller shall provide reports to the council
upon request and shall testify before the council or a committee
thereof.
r. The comptroller shall make a complete transcript of each public
hearing conducted by the office available for public inspection free of
charge within sixty days after such hearing. The comptroller shall also
provide a copy of any requested pages of such transcript at a reasonable
fee to cover copying and, if relevant, mailing costs.
Section 94.
§ 94. Deputy comptrollers and other appointees. a. The comptroller
shall appoint and at pleasure remove a first, and second deputy
comptroller. The comptroller may appoint and at pleasure remove a third
deputy comptroller who shall be a person qualified to advise and assist
the comptroller in all matters relating to borrowings and the investment
of funds. Except as provided in subdivision b of this section, each of
the deputies and any officer or employee appointed by the comptroller
shall have such powers and duties as may be assigned to such person by
the comptroller by instrument in writing filed with the city clerk.
Provided however that no more than five such additionally appointed
officers or employees shall serve simultaneously. The city clerk shall
notify the council of the filing or revocation of each such appointment.
b. Any deputy comptroller or any officer or employee appointed by the
comptroller may act in place of the comptroller on any board, body or
committee of which the comptroller is a member whenever the comptroller
shall so authorize in writing and such authorization is filed with such
board, body or committee and with the city clerk.
c. Any vacancy in the office of comptroller shall be filled by popular
election, in the manner set forth in this subdivision. In the event of a
vacancy in the office of comptroller until an interim or permanent
successor is first elected, or whenever by reason of sickness, absence
from the city or suspension from office, the comptroller shall be
prevented from attending to the duties of the office, or while the
comptroller is acting as mayor, the first deputy comptroller or in the
case of his or her illness or absence the second deputy comptroller or
in the case of his or her illness or absence the third deputy
comptroller shall act as comptroller.
1. Within three days of the occurrence of a vacancy in the office of
the comptroller, 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 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 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 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 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 the office of the comptroller
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
comptroller 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 95.
§ 95. Annual audit. a. The city, in accordance with subdivision b of
this section and section ninety-seven of this chapter, shall take such
action as may be necessary to enable an independent certified public
accounting firm or consortium of such firms to perform an annual audit
in accordance with generally accepted auditing standards and to furnish
to the city, in accordance with subdivision b of this section, the
report on such audit prepared by such firm or consortium of firms, which
report shall include an opinion as to whether the city's financial
statements have been prepared in accordance with generally accepted
accounting principles and shall state whether the audit of such
financial statements was made in accordance with generally accepted
auditing standards. The city shall make available for inspection and
copying all books, records, work papers and other data and material as
required by such auditors, and officers and employees of the city shall
be made available to, and shall cooperate with, such auditors so as to
permit such annual audit to be completed and the report issued within
four months after the close of the city's fiscal year.
b. The annual audit described in subdivision a of this section shall
be made by a firm or firms of certified public accountants, as set forth
in such subdivision, selected by the audit committee. Copies of the
annual audit shall be submitted to the mayor, the comptroller, the
council and the state comptroller and shall be published in the City
Record. No audit engagement contract pursuant to this section shall
exceed four years.
Section 96.
§ 96. Actuarial audit. The comptroller, with the approval of the audit
committee, biennially shall select an independent actuary to review and
comment upon the financial soundness and probity of the actuarial
assumptions employed by the city to calculate contributions to the city
pension funds. The report of the actuary shall be published in the City
Record. No actuary may be selected more than twice consecutively.
Section 97.
§ 97. Audit committee. a. There shall be an audit committee which
shall consist of the mayor, the comptroller, the public advocate, and
four private members appointed by the mayor, two of whom shall be
appointed upon the recommendation of the comptroller. The members of the
committee shall elect a private member as chair for an annual term
commencing on the first day of March.
b. The private members of the audit committee shall include (i) two
persons with expertise in finance, and (ii) two persons with expertise
in accounting. Two private members, one of whom shall have been
recommended by the comptroller, shall serve for two-year terms
commencing on the first day of March, nineteen hundred ninety; and two
private members, one of whom shall have been recommended by the
comptroller, shall serve for two-year terms commencing on the first day
of March, nineteen hundred ninety-one. Private members shall continue in
office until their successors have been appointed and qualified. Private
members shall serve without salary but shall be reimbursed for expenses
actually and necessarily incurred in the performance of official duties
and shall also receive a per diem allowance when rendering services to
the committee.
c. The audit committee shall:
(1) approve or disapprove the comptroller's suspension or withdrawal
of authority delegated to an agency pursuant to subdivision h of section
ninety-three;
(2) select a firm or firms of certified public accountants to perform
the annual audit of the city's accounts required by section ninety-five;
(3) assist in the determination of areas of inquiry for, review the
progress of, and evaluate the results of, the annual audit required by
section ninety-five;
(4) approve the selection of the independent actuary to perform the
actuarial audit required by section ninety-six; and
(5) perform such other functions as are agreed to by all of the
members.