Section 225.
§ 225. Budgetary responsibilities of the mayor, the director of
management and budget and the comptroller. a. The mayor shall each
year, in accordance with the provisions of this chapter, prepare and
submit to the council a preliminary budget and an executive budget each
of which shall present a complete financial plan for the city and its
agencies for the ensuing fiscal year, setting forth proposed operating
and capital expenditures, proposed interfund transfers, anticipated
revenues and any other anticipated sources and uses of funds. Each such
budget shall consist of three parts: the expense budget, which shall
set forth proposed appropriations for the operating expenses of the city
including debt service; the capital budget and program, which shall set
forth proposed appropriations for capital projects for the ensuing
fiscal year and the three succeeding fiscal years; and the revenue
budget, which shall set forth the estimated revenues and receipts of
the city.
b. There shall be an office of management and budget in the executive
office of the mayor, the head of which shall be director of management
and budget who shall be appointed by the mayor. It shall be the duty of
the director to perform all such duties in regard to the budget and
related matters as the mayor may direct. The director of management and
budget shall have the power, personally or through representatives, to
survey each agency for the purpose of ascertaining its budgetary
requirements. The director may require any agency, or any officer or
employee, to furnish data and information and to answer inquiries
pertinent to the exercise of any of the director's duties in regard to
the budget and related matters.
c. The comptroller shall produce timely analyses of the preliminary
and executive budgets including evaluations of the recommendations of
the borough presidents, as well as those of the mayor, and of the
assumptions and methodologies used by the mayor in making the revenue
estimates contained in such budgets.
Section 226.
§ 226. Fiscal year. The fiscal year of the city shall commence on the
first day of July in each year and shall terminate at midnight on the
ensuing thirtieth day of June.
Section 227.
§ 227. Spending pursuant to appropriations. a. No money, except for
grants or gifts from private entities, shall be paid from any fund under
the management of the city, or any fund under the management of any
agency or officer of the city, or any other entity the majority of the
members of whose board are city officials or are appointed directly or
indirectly by city officials, except in pursuance of an appropriation by
the council or other specific legal authorization; provided, however,
that
(1) if at any time the council shall fail to make an appropriation for
the payment of debt service on any debts of the city as they fall due,
or for the payments to the several sinking funds, the commissioner of
finance shall set apart, from the first revenues thereafter received
applicable to the general fund of the city, a sum sufficient to pay such
amounts and shall so apply such sum; and
(2) money, the ownership and equitable title of which belongs to an
individual, corporation, organization or government other than the city
and which is being held by any agency or officer of the city pending
transfer of such money to such individual, corporation, organization or
government in accordance with the terms and conditions pursuant to which
it was placed in the custody of such agency or officer, may be
transferred to such individual, corporation, organization or government
by such agency or officer without an appropriation by law, provided such
transfers are made in accordance with such terms and conditions; and
(3) money or other financial resources may only be transferred from
one fund to another without specific statutory authorization for such a
transfer if that money or those other financial resources are being
loaned temporarily to such other fund and an accurate accounting and
reporting of the balance of financial resources in each fund and of the
amount due by each fund to each other fund is made at the end of each
month; and
(4) grants or gifts from private entities exempt from the requirements
of this section, and expenditures of such funds, shall be subject to
disclosure, at least annually, by the responsible agency, officer or
entity in a form and containing such information as the mayor shall
prescribe for this purpose by rule.
b. The head of each agency of the city, and each entity the majority
of the members of whose board are city officials or individuals
appointed directly or indirectly by city officials, shall, on or before
the fifteenth day of October in each year, submit to the mayor and the
council, in such form as the mayor shall prescribe, a statement of the
sources, amounts and disposition of all money received by such agency or
entity, or by a unit or officer of such agency during the preceding
fiscal year, other than (i) money appropriated for the use of such
agency or entity by the council, or (ii) money paid by such agency or
entity into the city treasury and reported in the annual report of the
comptroller for such fiscal year. The mayor shall ensure that copies of
such statements are available for public inspection, and shall designate
a city officer to maintain copies of such statements for such purpose.
Section 228.
§ 228. Draft ten-year capital strategy. Not later than the first day
of November in each even-numbered year, the director of management and
budget and the director of city planning shall jointly submit to the
mayor, the council, the borough presidents and the city planning
commission a draft ten-year capital strategy prepared in accordance with
the provisions of section two hundred fifteen.
Section 229.
§ 229. Revenue reports of the comptroller and mayor. a. Not later
than the first day of November, the comptroller shall certify to the
mayor the actual revenues for the previous fiscal year.
b. Not later than the fifteenth day of November, the mayor shall issue
a report comparing actual revenues to estimated revenues in the budget
as adopted for the previous fiscal year, accompanied by a detailed
listing and an explanation of any variances between actual revenues and
estimated revenues. This report shall be published in the City Record.
Section 230.
§ 230. Community board budget priorities.a. Not later than thirty days
prior to the date set by the mayor in accordance with section two
hundred thirty-one for the submission of departmental estimates, each
community board shall submit to the mayor and the appropriate borough
president a statement of its expense budget priorities and a statement
of its capital budget priorities for the ensuing fiscal year, in such
form and containing such information as the mayor shall prescribe. The
form prescribed by the mayor shall include (i) a method by which
continuing support may be expressed by a community board for existing
programs and capital projects and (ii) reasonable limitations on the
total number of expense and capital budget priorities which a community
board may propose. The mayor shall provide each community board with
reasonable notice of the date set for the submission of such priorities.
The mayor shall ensure that representatives of each agency that delivers
local services, or is responsible for capital projects, within any
community district shall be available for consultation with the
community board for such community district in the preparation of its
statement of budget priorities.
b. Each community board in the preparation of its statement of budget
priorities, shall, upon adequate public notice, hold a public hearing at
which residents of the community district and other interested
individuals may express their opinions as to the service and capital
needs of the district.
c. Copies of each statement of budget priorities shall be provided
expeditiously by the mayor to the city planning commission and the head
of each agency affected.
Section 231.
§ 231. Departmental estimates. a. Not later than such date as the
mayor may direct, the head of each agency shall submit to the mayor, in
such form and containing such information as the mayor shall require, a
detailed estimate of the expense budget requirements of such agency for
the ensuing fiscal year and capital budget and program requirements for
the ensuing fiscal year and three succeeding fiscal years, prepared in
accordance with the provisions of section one hundred and section two
hundred twelve, respectively, and a detailed estimate of all receipts,
from sources other than taxes, which the agency anticipates collecting
during the ensuing fiscal year. Such estimates shall be known
collectively as departmental estimates and shall be known respectively
as expense budget departmental estimates, capital budget and program
departmental estimates and revenue budget departmental estimates. Copies
of such departmental estimates shall be provided expeditiously by the
mayor to each borough president.
b. In the preparation of such departmental estimates, the head of
each agency that delivers local services, or is responsible for capital
projects, within any community district shall (1) consult with the
community board for such community district through appropriate officers
and employees of the agency, and (2) consider the community board
statements of expense and capital budget priorities submitted in
accordance with section two hundred thirty of this chapter.
Section 232.
§ 232. Report of the comptroller on capital debt and obligations.
Not later than the first day of December, the comptroller shall submit
to the mayor, the council and the city planning commission a report,
which shall be published forthwith in the City Record, setting forth the
amount and nature of all obligations authorized on account of each
pending capital project and the liabilities incurred for each such
project outstanding on the first day of July and setting forth and
commenting in detail upon the city's financial condition and advising as
to the maximum amount and nature of debt and reserves which in the
comptroller's opinion the city may soundly incur for capital projects
during each of the four succeeding fiscal years, and containing such
other information relevant to this subject as may be required by local
law, by the mayor by executive order, or which the comptroller deems
necessary and relevant.
Section 233.
§ 233. Report of the comptroller on the state of the city's finances.
Not later than the fifteenth day of December, the comptroller shall
report to the council, at a stated meeting of the council, on the state
of the city's economy and finances, including evaluations of the city's
financial plan, as most recently updated by the mayor in accordance with
section two hundred fifty-eight, and the assumptions on which the
revenue and expenditure forecasts contained therein are based.
Section 234.
§ 234. City planning commission hearing and statement on the draft
ten-year capital strategy. Not later than the sixteenth day of January
in each odd numbered year, the city planning commission shall submit to
the mayor, the borough presidents and the council a report containing
its comments on the draft ten-year capital strategy submitted in
accordance with section two hundred twenty-eight of this chapter,
including such recommendations as it deems appropriate. The city
planning commission, in the preparation of such report, shall, upon
adequate public notice, hold a public hearing at which interested
organizations and individuals may express their opinions regarding the
draft ten-year capital strategy.
Section 235.
§ 235. Preliminary certificate of the mayor on capital debt and
obligations. No later than the sixteenth day of January, the mayor
shall submit to the council, the comptroller, the borough presidents
and the city planning commission and publish a preliminary certificate
setting forth the maximum amount of debt and reserves which, in the
mayor's opinion, the city may soundly incur for capital projects during
the ensuing fiscal year and during each of the following three fiscal
years, and the maximum amount of appropriations and expenditures for
capital projects which the city, given such maximum amount of debt and
reserves, may soundly make during each such fiscal year. At any time up
to the submission of the executive capital budget to the council, the
mayor may amend such preliminary certificate. Any such amendments shall
be submitted to the council, the comptroller, the borough presidents and
the city planning commission, and published forthwith in the City
Record.
Section 236.
§ 236. Submission of the preliminary budget. Not later than the
sixteenth day of January, the mayor shall submit to the council and
publish a preliminary budget for the ensuing fiscal year. Copies of
such budget shall be provided to the council, borough presidents, each
community board and borough board, the city planning commission, and the
department of city planning. Beginning in calendar year 1999 and every
calendar year thereafter, a copy of such preliminary budget shall also
be provided to the council not later than the sixteenth day of January
on floppy disks having dimensions of three and one-half inches or on CD
Roms. Such floppy disks or CD Roms shall be in a readable ascii format
or readable Lotus or Excel spread sheet format or any other format
mutually agreed upon between the mayor and the council.
Section 237.
§ 237. Report of independent budget office on revenues and
expenditures. On or before the first day of February, the director of
the independent budget office shall publish a report, for the ensuing
fiscal year, with respect to expected levels of revenues and
expenditures, taking into account projected economic factors and the
proposals contained in the preliminary budget submitted by the mayor for
such fiscal year. Such report shall also include a discussion of city
budget priorities, including alternative ways of allocating the total
amount of appropriations, expenditures and commitments for such fiscal
year among major programs or functional categories taking into account
how such alternative allocations will meet major city needs and effect
balanced growth and development in the city.
Section 238.
§ 238. Community board review of preliminary budget. Not later than
the fifteenth day of February, each community board shall submit to the
mayor, the council, director of management and budget, the appropriate
borough president and each member of the borough board of the borough in
which the community board is located, a statement containing the
community board's assessment of the responsiveness of the preliminary
budget to its statement of budget priorities submitted pursuant to
section two hundred thirty and any other comments or recommendations
which it wishes to make in regard to the preliminary budget.
Section 239.
§ 239. Estimate of assessed valuation, and statement of taxes due and
uncollected by the commissioner of finance. Not later than the
fifteenth day of February, the commissioner of finance shall submit to
the mayor and to the council:
a. a tentative estimate of the assessed valuation of real property
subject to taxation for the ensuing fiscal year, which shall be
published forthwith in the City Record; and
b. a certified statement showing as of a specified date the amount of
all real property taxes due, the amount expected to be received and the
amount actually uncollected by such categories and classifications as
will facilitate understanding of such information.
Section 240.
§ 240. Tax Benefit Report. Not later than the fifteenth day of
February the mayor shall submit to the council a tax benefit report
which shall include: a. a listing of all exclusions, exemptions,
abatements, credits or other benefits allowed against city tax
liability, against the base or the rate of, or the amount due pursuant
to, each city tax, provided however that such listing need not include
any benefits which are applicable without any city action to such city
tax because they are available in regard to a federal or state tax on
which such city tax is based; and
b. a description of each tax benefit included in such listing,
providing the following information:
1. the legal authority for such tax benefit;
2. the objectives of, and eligibility requirements for, such tax
benefit;
3. such data and supporting documentation as are available and
meaningful regarding the number and kind of taxpayers using benefits
pursuant to such tax benefit and the total amount of benefits used
pursuant to such tax benefit, by taxable and/or fiscal year;
4. for each tax benefit pursuant to which a taxpayer is allowed to
claim benefits in one year and carry them over for use in one or more
later years, the number and kind of taxpayers carrying forward benefits
pursuant to such tax benefit and the total amount of benefits carried
forward, by taxable and/or fiscal year;
5. for nineteen hundred ninety and each year thereafter for which the
information required by paragraphs three and four are not available, the
reasons therefor, the steps being taken to provide such information as
soon as possible, and the first year for which such information will be
available;
6. such data and supporting documentation as are available and
meaningful regarding the economic and social impact and other
consequences of such tax benefit; and
7. a listing and summary of all evaluations and audits of such tax
benefit issued during the previous two years.
Section 241.
§ 241. Borough board preliminary budget hearings. Not later than the
twenty-fifth day of February each borough board shall submit a
comprehensive statement on the budget priorities of the borough to the
mayor, council, and director of management and budget. Each borough
board, in the preparation of this statement, shall, upon adequate public
notice, hold one or more public hearings on the preliminary budget, to
obtain the views and recommendations of the community boards within the
borough, residents of the borough and others with substantial interests
in the borough, on the proposals contained in the preliminary budget and
on the capital and service needs of the borough. Officers of agencies,
when requested by the borough board, shall appear and be heard.
Section 242.
§ 242. Statement of debt service by the comptroller. Not later than
the first day of March, the comptroller shall submit to the mayor and to
the council a certified statement which shall be published forthwith in
the City Record and which shall contain a schedule of the appropriations
required during the ensuing fiscal year for debt service, including
appropriations to the several sinking funds as required by law, and such
other information as may be required by law.
Section 243.
§ 243. The operating budget of the council. Not later than the tenth
day of March, the council shall approve and submit to the mayor detailed
itemized estimates of the financial needs of the council for the ensuing
fiscal year. Such estimates shall be comprised of at least one personal
service unit of appropriation and at least one other than personal
service unit of appropriation for each standing committee of the council
and for each organizational unit established pursuant to section
forty-five of this charter. The mayor shall include such estimates in
the executive budget without revision, but with such recommendations as
the mayor may deem proper.
Section 244.
§ 244. Preparation of the executive budget. In preparing the
executive budget to be submitted in accordance with section two hundred
forty-nine, the mayor shall consult with the borough presidents.
Section 245.
§ 245. Borough president recommendations to the mayor. a. Not later
than the tenth day of March, each borough president shall submit to the
mayor and council, in such form and containing such information as the
mayor shall prescribe, any proposed modifications of the preliminary
budget which the borough president recommends in accordance with the
provisions of subdivision b of this section.
b. Each borough president shall propose such modifications to the
preliminary budget as the borough president deems to be in the best
interest of the borough, taking into consideration community and borough
board priorities and testimony received at public hearings held pursuant
to section two hundred forty-one. The net effects of any such
modifications recommended by the borough president may not result in an
increase in the total amount of appropriations proposed in the
preliminary budget. If increases in appropriations within the borough
are recommended, offsetting reductions in other appropriations within
the borough must also be recommended. Each proposed increase or
reduction must be stated separately and distinctly and refer each to a
single object or purpose.
Section 246.
§ 246. Report of independent budget office on preliminary budget. On
or before the fifteenth day of March, the director of the independent
budget office shall publish a report analyzing the preliminary budget
for the ensuing fiscal year.
Section 247.
§ 247. Council preliminary budget hearings and recommendations. a.
Not later than the twenty-fifth day of March, the council, through its
committees, shall hold hearings on the program objectives and fiscal
implications of the preliminary budget, the statements of budget
priorities of the community boards and borough boards, the draft
ten-year capital strategy and the report of the city planning commission
on such strategy, the borough presidents recommendations submitted
pursuant to section two hundred forty-five to the extent that such
recommendations are available at the time of these hearings, and the
status of capital projects and expense appropriations previously
authorized. The public and representatives of community boards and
borough boards may attend and be heard in regard to all such matters.
Representatives of the director of management and budget and the
director of city planning may attend the hearings and ask questions.
Officials of agencies, when requested by the committees of the council,
shall appear and be heard.
b. Findings and recommendations of the council, or its committees,
including recommendations for any changes in the unit of appropriation
structure which the council deems appropriate, shall be submitted to the
mayor and published not later than the twenty-fifth day of March. The
net effect of the changes recommended by the council in the preliminary
capital budget shall not result in a capital budget which exceeds the
maximum amount set forth in the preliminary certificate issued pursuant
to section two hundred thirty-five of this chapter.
Section 248.
§ 248. Ten-year capital strategy. Not later than the twenty-sixth
day of April in each odd-numbered year, the mayor shall issue and
publish a ten-year capital strategy, prepared in accordance with the
provisions of section two hundred fifteen of this charter.
Section 249.
§ 249. Submission of the executive budget. a. Not later than the
twenty-sixth day of April, the mayor shall submit to the council (1) a
proposed executive budget for the ensuing fiscal year, and (2) a budget
message, both of which, along with any accompanying reports and
schedules, shall be printed forthwith. Beginning in calendar year 1998
and every calendar year thereafter, copies of such proposed executive
budget, budget message and any accompanying reports and schedules shall
also be provided to the council not later than the twenty-sixth day of
April on floppy disks having dimensions of three and one-half inches or
on CD Roms. Such floppy disks or CD Roms shall be in a readable ascii
format or readable Lotus or Excel spread sheet format or any other
format mutually agreed upon between the mayor and the council.
b. As soon after the submission of the executive budget as is
practicable, the mayor shall submit to the council copies of all
proposed local laws and all proposed home rule requests necessary to
implement the recommendations made in the executive budget.
c. Adjustment of expense budget borough allocation. If the executive
expense budget submitted by the mayor in accordance with this section
includes an expense budget borough allocation which is greater or less
than the expense budget borough allocation certified by the mayor to
the borough presidents in accordance with subdivision d of section one
hundred two, the mayor shall, concomitantly with the submission of the
executive expense budget, notify each borough president of the
difference between such amounts and of the portion of such difference
allocable to each borough pursuant to the provisions of section one
hundred two. Within seven days of receiving such notification, each
borough president shall submit to the mayor and the council, in such
form as the mayor shall prescribe, proposed additional appropriations or
proposed reductions in appropriations equaling such portion of such
difference.
d. Adjustments of capital budget borough allocations. If the
executive capital budget submitted by the mayor in accordance with this
section includes a capital budget borough allocation which is greater or
less than the capital budget borough allocation certified by the mayor
to the borough presidents in accordance with subdivision c of section
two hundred eleven the mayor shall, concomitantly with the submission of
such executive capital budget, notify each borough president of the
difference between such amounts and of the portion of such difference
allocable to each borough pursuant to the provisions of subdivision a of
section two hundred eleven. Within seven days of receiving such
notification, each borough president shall submit to the mayor and the
council, in such form as the mayor shall prescribe, proposed additional
appropriations or proposed reductions in appropriations equaling such
portion of such difference.
Section 250.
§ 250. The budget message. The budget message, which shall not be
deemed a part of the budget, shall include:
1. An explanation, in summary terms, of the major programs, projects,
emphases and objectives of the budget, the general fiscal and economic
condition of the city, the tax and fiscal base of the city, and
intergovernmental fiscal relations.
2. Itemized information and supporting schedules of positions,
salaries and other than personal service expenses, anticipated for the
ensuing fiscal year.
3. Recommendations for any changes in the revenue sources and fiscal
operations of the city, including intergovernmental revenue and fiscal
arrangements.
4. An itemized statement of the actual revenues and receipts and
accruals of the general fund and of all other revenue sources, including
state and federal aid and revenues for specified purposes, for each of
the four preceding fiscal years, and for the first eight months of the
current fiscal year, and the estimated amount of such items for the
balance of the current fiscal year, and for the ensuing fiscal year. In
preparing such information the mayor shall consult with the comptroller.
5. A listing of the sources and amounts of all revenues and other
monies of a nonrecurring nature that are being proposed to be utilized
during the ensuing fiscal year and that are not expected to be available
or used in subsequent fiscal years.
6. An update of the four-year financial plan, as set forth in section
two hundred fifty-eight of this chapter, containing, (a) for each
agency, for all existing programs, forecasts of expenditures for the
ensuing fiscal year and the succeeding three fiscal years at existing
levels of service; (b) forecasts of revenue by source from existing
sources of revenue for the ensuing fiscal year and the succeeding three
fiscal years; and (c) for each new or expanded program, an indication of
when such program is projected to be fully implemented and a forecast of
the annual recurring costs for such program or program expansion after
it is fully implemented.
7. For each agency, a comparison of the proposed appropriations for
the ensuing fiscal year with (i) the amounts appropriated in the current
expense budget as originally adopted and as modified through the first
eight months of the current fiscal year, (ii) the amounts actually
expended in the previous fiscal year and (iii) the amounts actually
expended through the first eight months of the current fiscal year and
the estimated expenditures for the balance of the current fiscal year.
8. For each agency that has local service districts within community
districts and boroughs, a statement of proposed direct expenditures in
each service district for each unit of appropriation and a statement of
the basis for the allocation of direct expenditures to local service
districts of each such agency.
9. An explanation of principal changes in performance goals and
indicators from the date of submission of the preliminary management
report to the submission of the proposed executive budget.
10. An itemized statement, covering the city's entire capital plant,
except for those portions of the capital plant which have been committed
to the care and control of the board of education or officers or
employees thereof, by agency and project type and, within project type,
by personal services and other than personal services, of the amounts
appropriated for maintenance of such capital plant in the previous and
current fiscal years as originally adopted and as modified through the
first eight months of the current fiscal year, and of the amounts
actually expended for such maintenance in the previous fiscal year and
through the first eight months of the current fiscal year and the
amounts estimated to be expended for such purpose during the balance of
the current fiscal year; and, for each agency, an explanation of the
substantive differences, if any, between the amounts actually expended
for such maintenance in the previous fiscal year or projected to be
expended for such purpose in the current fiscal year and the amounts
originally appropriated for such purpose for such years.
11. A presentation of the maintenance activities proposed by the mayor
to be completed during the ensuing fiscal year for all major portions of
the capital plant, as such terms are defined in subdivision a of section
eleven hundred ten-a, categorized by agency and project type; an
explanation of the differences, if any, between such proposed activities
and the activities scheduled to be undertaken during such fiscal year
pursuant to subdivision c of such section; an explanation of the
differences, if any, between the proposed appropriations for such
activities and the estimates of the amounts submitted, pursuant to
subdivision f of such section, as necessary to maintain such portions of
the capital plant; and a presentation and explanation of the
differences, if any, between the maintenance activities for all major
portions of the capital plant proposed by the mayor, in the budget
message for the previous fiscal year, to be completed during such fiscal
year and the activities actually completed during such fiscal year.
12. A statement of the extent to which the executive budget
incorporates the revisions to the preliminary budget suggested by the
borough presidents, in accordance with subdivision a of section two
hundred forty-five and the reasons why any other suggested revisions
were not incorporated in the executive budget.
13. A statement of the modifications, if any, which the mayor
recommends that the council make in the appropriations submitted by the
borough presidents pursuant to sections one hundred two and two hundred
eleven.
14. A statement of any substantive changes in the methodology and
assumptions used to determine the revenue estimates presented pursuant
to subdivisions four, five and six of this section from the methodology
and assumptions presented in the preliminary budget.
15. A statement of the implications for the orderly development of the
city, its community districts and boroughs of the capital projects
included in or contemplated by the capital budget and program.
16. A certificate setting forth the maximum amount of debt and
reserves which, in the mayor's opinion, the city may soundly incur for
capital projects during the ensuing fiscal year and during each of the
following three fiscal years, and the maximum amount of appropriations
and expenditures for capital projects which the city, given such maximum
amount of debt and reserves, may soundly make during each such fiscal
year.
Section 251.
§ 251. Borough president recommendations on the executive budget.
Not later than the sixth day of May, each borough president shall submit
to the mayor and the council a response to the mayor's executive budget.
Such response shall indicate which of the recommended appropriations
submitted by the borough president pursuant to section two hundred
forty-five, which were not included by the mayor in the executive
budget, should be considered by the council for inclusion in the budget.
Any appropriations recommended in this manner for inclusion in the
budget shall be accompanied by recommendations for offsetting reductions
in other appropriations within the borough. Any such increases or
reductions must be stated separately and distinctly and refer each to a
single object or purpose.
Section 252.
§ 252. Report of independent budget office on executive budget. On
or before the fifteenth day of May, the director of the independent
budget office shall publish a report analyzing the executive budget for
the ensuing fiscal year.
Section 253.
§ 253. Executive budget hearings. Between the sixth day of May and
the twenty-fifth day of May, the council shall hold public hearings on
the budget as presented by the mayor. The council may hold such
hearings either as a body or by its finance committee or other
committees. Officers of agencies and representatives of community
boards and borough boards shall have the right, and it shall be their
duty when requested by the council, to appear and be heard in regard to
the executive budget and to the capital and service needs of the
communities, boroughs and the city.
Section 254.
§ 254. Amendment and adoption of the executive budget. a. The
council may not alter the budget as submitted by the mayor pursuant to
section two hundred forty-nine except to increase, decrease, add or omit
any unit of appropriation for personal service or other than personal
service or any appropriation for any capital project or add, omit or
change any terms or conditions related to any or all such
appropriations; provided, however, that each increase or addition must
be stated separately and distinctly from any items of the budget and
refer each to a single object or purpose; and, provided, further, that
the aggregate amount appropriated for capital projects shall not exceed
the maximum amount of appropriations contained in the mayor's
certificate issued pursuant to subdivision sixteen of section two
hundred fifty.
b. The council shall consider, and act upon, all recommendations made
by the borough presidents pursuant to section two hundred fifty-one of
this chapter and all recommendations made by the mayor pursuant to
paragraph thirteen of section two hundred fifty of this chapter.
c. The budget when adopted by the council shall become effective
immediately without further action by the mayor, except that
appropriations for the council or appropriations added to the mayor's
executive budget by the council or any changes in terms and conditions,
shall be subject to the veto of the mayor.
d. If an expense budget has not been adopted by the fifth day of June
pursuant to subdivisions a and b of this section, the expense budget and
tax rate adopted as modified for the current fiscal year shall be deemed
to have been extended for the new fiscal year until such time as a new
expense budget has been adopted.
e. If a capital budget and a capital program have not been adopted by
the fifth day of June pursuant to subdivisions a and b of this section,
the unutilized portion of all prior capital appropriations shall be
deemed reappropriated.
Section 255.
§ 255. Veto of the mayor. a. The mayor, not later than the fifth day
after the council has acted upon the budget or capital program
submitted with the executive budget, may disapprove any increase or
addition to the budget, any unit of appropriation, or any change in any
term or condition of the budget. The mayor, by such date, may also
disapprove any item or term or condition included in such budget
pursuant to the provisions of section two hundred forty-three of this
chapter. The mayor shall return the budget by that date to the
council, setting forth objections in writing.
b. The council, by a two-thirds vote of all the council members, may
override any disapproval by the mayor pursuant to subdivision a of this
section; provided, however, that if no such action by the council is
taken within ten days of such disapproval, the expense budget to which
such disapprovals relate shall be deemed adopted as modified by the
disapprovals by the mayor.
Section 256.
§ 256. Appropriation, certification and publication. Not later than
the day after the budget is finally adopted, the budget as finally
adopted in such year shall be certified by the mayor, the comptroller
and the city clerk as the budget for the ensuing fiscal year, and the
several amounts therein specified as appropriations or units of
appropriation shall be and become appropriated to the several purposes
therein named, whether payable from the tax levy or otherwise and
subject to the terms and conditions of the budget. The budget shall
thereupon be filed in the offices of the comptroller and the city clerk,
and shall be published forthwith. When finally adopted in accordance
with sections two hundred fifty-four and two hundred fifty-five, such
budget as adopted and as modified during the fiscal year in accordance
with sections one hundred seven and two hundred sixteen shall have the
force of law.
Section 257.
§ 257. Comparison of adopted budget and ten-year capital strategy.
Not later than thirty days after the budget is finally adopted, the
mayor shall prepare a statement of how the capital budget and program
as finally adopted vary, if at all, from the ten-year capital strategy,
submitted pursuant to section two hundred forty-eight. Such statement
shall be published as an appendix to the ten year capital strategy.
Section 258.
§ 258. Standards for budget and financial plan. a. The operations of
the city shall be such that, at the end of the fiscal year, the results
thereof shall not show a deficit when reported in accordance with
generally accepted accounting principles. The mayor shall take all
actions necessary in accordance with the provisions of the charter,
including but not limited to section one hundred six, or other
applicable law to ensure that the city is in compliance with this
subdivision.
b. Pursuant to the procedures contained in subdivision c of this
section, each year the mayor shall develop, and from time to time
modify, a four year financial plan. Each such financial plan and
financial plan modification shall comply with the requirements of
subdivision d of this section and shall conform to the following
standards:
(1) For each fiscal year, the city's budget covering all expenditures
other than capital items shall be prepared and balanced so that the
results thereof would not show a deficit when reported in accordance
with generally accepted accounting principles and would permit
comparison of the budget with the report of actual financial results
prepared in accordance with generally accepted accounting principles.
(2) The city shall issue no obligations which shall be inconsistent
with the financial plan prepared in accordance with this section.
(3) Provision shall be made for the payment in full of the debt
service on all bonds and notes of the city and for the adequate funding
of programs of the city which are mandated by state or federal law and
for which obligations are going to be incurred during the fiscal year.
(4) All projections of revenues and expenditures contained in the
financial plan shall be based on reasonable and appropriate assumptions
and methods of estimation. All cash flow projections shall be based upon
reasonable and appropriate assumptions as to sources and uses of cash
(including but not limited to the timing thereof), and shall provide for
operations of the city to be conducted within the cash resources so
projected.
(5) A general reserve shall be provided for each fiscal year to cover
potential reductions in projected revenues or increases in projected
expenditures during each such fiscal year. The amount provided for such
general reserve shall be estimated in accordance with paragraph four of
this subdivision, but in no event shall it be less than one hundred
million dollars at the beginning of any fiscal year.
(6) In the event that the results of the city's operations during the
preceding fiscal year have not comported with subdivision a of this
section, the first fiscal year included in any financial plan shall make
provision for the repayment of any deficit incurred by the city during
the preceding fiscal year.
c. The financial plan shall be developed and may from time to time be
modified, in accordance with the following procedures:
(1) The mayor shall, in conjunction with the preliminary budget
prepared pursuant to section one hundred one, prepare a financial plan
covering the four ensuing fiscal years (the first year of which is the
year for which such preliminary budget is being prepared) as well as
updating the current fiscal year.
(2) After the preparation by the mayor of a financial plan in
accordance with the preceding paragraph, the mayor shall reexamine, at
least on a quarterly basis, the projections of revenues and expenditures
and other estimates contained in the financial plan, and shall prepare
modifications in accordance with the following procedures:
(a) The budget message, issued pursuant to section two hundred fifty
of this chapter, shall include an update of the financial plan covering
the four ensuing fiscal years (the first year of which is the year for
which such budget message is being prepared) as well as an update for
the current fiscal year.
(b) Not later than thirty days after the budget is finally adopted,
the mayor shall issue an update of the financial plan covering the four
ensuing fiscal years (the first year of which shall be the year for
which such budget has been adopted) as well as an update for the fiscal
year that is ending or has just ended. Such update shall reflect changes
which were made in the budget in accordance with sections two hundred
fifty-four and two hundred fifty-five; provided, however, that the
budget adopted in accordance with such sections shall be consistent with
the standards applicable to the financial plan set forth in this
section.
(c) During the second quarter of the fiscal year, the mayor shall
issue an update of the financial plan covering the fiscal year in which
such quarter occurs and the three ensuing fiscal years.
(d) In addition, on such schedule as the mayor deems appropriate, the
mayor may issue further updates of the financial plan during the fiscal
year.
d. The financial plan shall include projections of all revenues,
expenditures and cash flows (including but not limited to projected
capital expenditures and debt issuances) and a schedule of projected
capital commitments of the city. In addition, each financial plan and
financial plan modification shall include a statement of the significant
assumptions and methods of estimation used in arriving at the
projections contained therein.
e. Notwithstanding any inconsistent provision of this charter, in the
event of any change in generally accepted accounting principles, or
change in the application of generally accepted accounting principles to
the city, if the mayor determines that immediate compliance with such
change will have a material effect on the city's budget over a time
period insufficient to accommodate the effect without a substantial
adverse impact on the delivery of essential services, the mayor may
authorize and approve a method of phasing the requirements of such
change into the budget over such reasonably expeditious time period as
the mayor deems appropriate.
f. The powers, duties, and obligations set forth in this section shall
be subject to the powers, duties, and obligations placed upon any state
or local officer or agency, including but not limited to the New York
state financial control board, by or pursuant to the New York State
Financial Emergency Act for the City of New York, while such act remains
in effect.
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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