Chapter 11 - INDEPENDENT BUDGET OFFICE

Section 259.

Section 259.

  §  259.  Independent  budget  office. a. There shall be an independent
budget office to be headed by a director who shall be appointed upon the
recommendation of the independent budget office  advisory  board,  by  a
special  committee  convened  for  this  purpose.  Such  committee shall
consist of the comptroller, the public  advocate,  a  borough  president
chosen  by  the  borough  presidents, and a council member chosen by the
council, and shall act by majority vote. The director shall be appointed
without regard to political affiliation  and  solely  on  the  basis  of
fitness  to  perform  the  duties  assigned by this chapter. The term of
office of the director first appointed shall expire on August first, two
thousand, and the terms of office of  directors  subsequently  appointed
shall expire on such date in each fourth year thereafter. Any individual
appointed  to  fill  a  vacancy  prior to the expiration of a term shall
serve only for the unexpired portion of the term. An individual  serving
as  director  at  the expiration of a term may continue to serve until a
successor is appointed.
  b. The appropriations  available  to  pay  for  the  expenses  of  the
independent budget office during each fiscal year shall not be less than
ten  percentum  of the  appropriations available to pay for the expenses
of the office of management and budget during such  fiscal  year.    The
director  shall  appoint such personnel and procure the services of such
experts and consultants, within the appropriations  available  therefor,
as  may  be  necessary  for  the  director  to  carry out the duties and
functions assigned herein.   Such personnel and  experts  shall  perform
such duties as may be assigned to them by the director.
  c.  The director shall be authorized to secure such information, data,
estimates and statistics from the agencies of the city as  the  director
determines  to  be  necessary  for  the performance of the functions and
duties of the office, and such agencies shall provide such  information,
to  the  extent that it is available, in a timely fashion.  The director
shall not be entitled to obtain  records  which  are  protected  by  the
privileges  for  attorney-client  communications, attorney work product,
and material prepared for litigation.
  d. There shall be an  independent  budget  office  advisory  committee
consisting  of  ten members appointed jointly by the comptroller and the
public advocate for five year staggered terms. Of the members originally
appointed, two shall serve until the thirty-first day of March, nineteen
hundred ninety-nine, two shall  serve  until  the  thirty-first  day  of
March,  two  thousand,  two  shall  serve  until the thirty-first day of
March, two thousand one, two shall serve until the thirty-first  day  of
March,  two  thousand two and two shall serve until the thirty-first day
of March, two thousand three. The members shall all be individuals  with
extensive  experience and knowledge in the fields of finance, economics,
accounting, public administration and public policy analysis,  including
at  least  one former director of the New York city office of management
and budget or of a  comparable  office  in  another  local  governmental
jurisdiction  in  the United States; one nationally recognized expert in
the fields of budget  theory  and  the  budgetary  process;  one  former
director of the New York state division of the budget or of a comparable
legislative or executive office in another state government; one dean or
director  or  former  dean  or director of a graduate school of business
administration located in New York city; one dean or director or  former
dean or director of a graduate school of public administration or public
affairs  or  public policy located in New York city; one chair or former
chair of a graduate economics department  of  a  college  or  university
located  in New York city; one officer or former officer of, or economic
advisor of, a labor union; one officer or former officer of, or economic
advisor to, a business corporation; one officer or former officer  of  a

civic  or  public  interest  advocacy organization involved in budgetary
matters; and one officer or former officer of a human services  advocacy
organization  involved  in budget matters.  No member may be reappointed
to  consecutive  terms. Vacancies occurring because of the expiration of
terms shall be filled promptly on the recommendation of the  members  of
the   committee  whose  terms  are  not  expiring.  Vacancies  occurring
otherwise  shall  be  filled  promptly  on  the  recommendation  of  the
remaining  members of the committee.  The members of the committee shall
receive no compensation but shall  be  reimbursed  for  their  necessary
expenses.  The  committee  shall  at  its  first  meeting  in every even
numbered year elect, from among its members, a chair and vice-chair  who
shall  serve  until  the  thirty-first  day  of  March  of the next even
numbered year.

Section 260.

Section 260.

  §  260.  Powers  and duties. a.  It shall be the duty of the office to
provide to the comptroller, the president of the  council,  the  members
and committees of the council, the borough presidents, and the community
boards  information  which  will assist such officials and bodies in the
discharge of their responsibilities which are related to  the  budgetary
process, including:
  (1)   information with respect to the budget, appropriations bills and
proposed local laws with fiscal implications;
  (2)  information with respect to estimated revenues and  receipts  and
changing revenue conditions;  and
  (3)   to the extent practicable, such other information or analyses as
may be requested by such officials and bodies.
  b. The director, upon the  request  of  a  borough  president  or  the
president  of  the  council  for a proposed local law introduced by such
official, or the chair or ranking minority member of a committee of  the
council  for  a  proposed  local law being considered by such committee,
shall complete a fiscal impact statement  of  such  proposed  local  law
consistent with the requirements of section thirty-three.
  c. The director shall from time to time publish such reports as may be
appropriate   to  enhance  official  and  public  understanding  of  the
budgetary process and of the budget documents  published  in  accordance
with  the  provisions  of chapters six, nine and ten. The director shall
from  time  to  time  publish  such  reports  as  may  be  necessary  or
appropriate  to  provide  such  information,  data, and analysis as will
enhance official and public understanding of matters  relating  to  city
revenues,  expenditures,  financial  management  practices  and  related
matters.
  d.   The director may procure, for  the  office,  up-to-date  computer
equipment,  obtain  the  services of experts and consultants in computer
technology,  and  develop  techniques  for  the  evaluation  of  revenue
projections and budgetary requirements.
  e.  The  director  shall  make  all  information, data, estimates, and
statistics obtained under subdivision c of section ninety-eight, and all
studies and  reports  prepared  by  the  office,  available  for  public
inspection  and  copying  during normal business hours and shall, to the
extent practicable, furnish a copy of any such information or report  to
any person upon request at a reasonable cost.