Chapter 47 - PUBLIC ACCESS TO MEETINGS AND INFORMATION

Section 1058.

Section 1058.

  §  1058.  Heads  of departments to furnish copies of papers on demand.
The heads of all administrations and departments, except the police  and
law  departments,  and  the  chiefs of each and every division or bureau
thereof, and all borough presidents shall, with  reasonable  promptness,
furnish  to any taxpayer desiring the same, a true and certified copy of
any book, account or paper  kept  by  such  administration,  department,
bureau  or office, or such part thereof as may be demanded, upon payment
in advance of ten cents for every hundred words thereof  by  the  person
demanding  the  same.  The provisions of this section shall not apply to
any papers prepared by or for the comptroller for use in any  proceeding
to  adjust  or  pay a claim against the city or any agency, or by or for
counsel for use in actions or proceedings  to  which  the  city  or  any
agency  is  a  party, or for use in any investigation authorized by this
charter.

Section 1059.

Section 1059.

  §  1059.  Inspection  by  taxpayers  of  books  and papers. All books,
accounts and papers in the  office  of  any  borough  president  or  any
division  or bureau thereof, or in any city administration or department
or  any  division  or  bureau  thereof,  except  the  police   and   law
departments,  shall  at  all  times  be  open  to  the inspection of any
taxpayer, subject to such reasonable rules and regulations in regard  to
the  time  and  manner  of  such  inspection  as  the borough president,
administration, department, office, division or bureau may make; in case
such inspection shall be refused, such taxpayer, on his sworn  petition,
describing  the  particular  book,  account  or paper that he desires to
inspect, may, upon notice of not less than one day, apply to any justice
of the supreme court for an order  that  he  be  allowed  to  make  such
inspection  as such justice shall by his order authorize. The provisions
of this section shall not apply to any papers prepared  by  or  for  the
comptroller  for use in any proceedings to adjust or pay a claim against
the city or any agency, or by or for  counsel  for  use  in  actions  or
proceedings  to  which  the city or any agency is a party, or for use in
any investigation authorized by this charter.

Section 1060.

Section 1060.

  §  1060.  Public  attendance  at  executive  sessions.  a.  Except  as
otherwise provided pursuant to subdivision b of this section, the public
may attend all sessions or meetings of the following  agencies  whenever
items on the calendar of such agency are to be considered and acted upon
in  a  preliminary  or  final  manner:  art commission, conciliation and
appeals board, environmental control board, board of  health,  landmarks
preservation  commission,  city  planning commission, board of standards
and appeals, tax commission,  youth  board,  and  the  council  and  its
committees.
  b.  Any agency specified pursuant to subdivision a of this section may
convene an executive session closed to the  public  by  a  three-fourths
vote  of all of its members, but shall not take final action at any such
meeting.

Section 1061.

Section 1061.

  §  1061.  Commission on public information and communication. a. There
shall be a commission on  public  information  and  communication  which
shall  consist of the public advocate, as chair, the corporation counsel
or the delegate of such officer,  the  director  of  operations  or  the
delegate  of such officer, the commissioner of the department of records
and  information  services  or  the  delegate  of  such   officer,   the
commissioner  of  information  technology  and telecommunications or the
delegate of such officer, the president of the WNYC communications group
or the delegate of such officer, and one council member elected  by  the
council,  all  of whom shall serve on the board without compensation. In
addition, there shall be  four  other  members,  each  appointed  for  a
four-year  term,  who  shall  not hold or seek public or political party
office  or  be  public  employees  in  any  jurisdiction,   except   the
representative  of  the  community  board  as  set  forth  herein, to be
appointed as follows: two by the mayor, one of whom is  or  has  been  a
representative  of the news media and one of whom shall be a member of a
community board; one by the public advocate;  and  one  by  the  borough
presidents  acting  as  a  group.  Such members shall receive a per diem
compensation for  each  calendar  day  they  perform  the  work  of  the
commission.  No  such  members shall serve for more than two consecutive
four-year terms. All initial appointments shall be made by the first day
of March, nineteen hundred ninety.
  b. Members may be removed by the mayor  for  cause  after  notice  and
opportunity to be heard. Members shall serve until their successors have
been appointed.
  c.  The  commission  shall  appoint  an  executive director, a general
counsel and such other  officers,  employees,  and  consultants  as  are
necessary   to  fulfill  its  duties,  within  appropriations  available
therefor.
  d. The commission shall: (1) undertake, by itself, or  in  cooperation
with  other  entities,  activities  to  educate  the  public  about  the
availability and potential usefulness of  city  produced  or  maintained
information   and   assist  the  public  in  obtaining  access  to  such
information;
  (2) review (i)  all  city  information  policies,  including  but  not
limited  to,  policies  regarding  public  access  to  city  produced or
maintained information, particularly, computerized information; (ii) the
quality, structure, and costs to the public of such  information;  (iii)
agency   compliance  with  the  various  notice,  comment,  and  hearing
provisions of the charter and other laws applicable  to  city  agencies;
and (iv) the usefulness and availability of city documents, reports, and
publications;
  (3)  assist  city  agencies  in  facilitating  public  access to their
meetings, transcripts,  records,  and  other  information,  and  monitor
agency  compliance  with  the  provisions of the charter, and other laws
which require such public access;
  (4) hold at least one public hearing each  year  on  city  information
policies   and   issue   at   least  one  report  each  year  with  such
recommendations as the commission deems advisable;
  (5) on the request of any member of the public, elected  official,  or
city agency, render advisory opinions regarding the application of those
provisions  of  the charter or other laws which require public access to
meetings, transcripts, records  and  other  information.  Such  advisory
opinions  shall  be  indexed  by  subject  matter  and  maintained  on a
cumulative basis;
  (6)  make  recommendations  regarding:  (i)  the  application  of  new
communications  technology  to improve public access to city produced or
maintained information; (ii) the  distribution  of  information  to  the

public  about  the purposes and locations of the city's service delivery
facilities; and (iii) programming for the municipal cable  channels  and
broadcasting system.

Section 1062.

Section 1062.

  §  1062.  Public  data  directory.  a.  The  commission  shall publish
annually  a  directory  of  the  computerized  information  produced  or
maintained  by  city  agencies  which  is required by law to be publicly
accessible. Such directory shall include specific  descriptions  of  the
contents,  format  and  methods  of  accessing such information, and the
name, title, office address, and office telephone number of the official
in  each  agency  responsible  for  receiving   inquiries   about   such
information.
  b.  The mayor shall transmit to the commission such information as the
commission requires to compile and update the public data directory. The
mayor shall also ensure that all agencies provide  the  commission  with
such assistance and information as the commission requires.

Section 1063.

Section 1063.

  §  1063.  Cablecasting and broadcasting the public proceedings of city
government. a. All future cable franchises and franchise renewals  shall
require  (i)  that  channels be designated for governmental use and (ii)
that the franchisee provide the interconnections necessary to allow  the
cablecasting of the public proceedings of the council and its committees
and the city planning commission.
  b.  The  council  and  its committees and the city planning commission
shall make their public meetings and hearings available for cablecasting
and broadcasting. The council, on the recommendation of  the  commission
on  public  information and communication, may by local law require that
other agencies of city government be subject to the requirements of this
subdivision.
  c.  On  or  before  the  thirtieth  day  of  June,  nineteen   hundred
ninety-one, the commission on public information and communication shall
submit to the council a proposal for cablecasting the public proceedings
of the council and its committees and the city planning commission. Such
proposal  shall  include  the commission's recommendations regarding (i)
the organization or organizations to be responsible for  obtaining  such
cablecasting  and  (ii)  funding  the start-up and ongoing costs of such
cablecasting.
  d. Each city agency, committee, commission  and  task  force  and  the
council shall record or cause to be recorded in digital video format its
meetings  and  hearings,  or  portions  thereof, that are required to be
public pursuant to article seven of the public  officers  law,  provided
that  this  section  shall not apply to community boards or local school
boards. Such recordings shall be webcast live,  where  practicable,  and
shall be archived and made available to the public on the city's website
or  on the website of such agency, committee, commission, task force, or
council, not more  than  seventy-two  hours  after  adjournment  of  the
meeting or hearing recorded.

Section 1064.

Section 1064.

  § 1064. Centralized contract and contractor information. a.  The mayor
shall  maintain,  in  a central place which is accessible to the public,
standard information regarding each city contract and  contractor.  Such
information  shall  include: (1) a copy of the contract; (2) information
regarding the method by which the contract was let;  (3)  such  standard
documents as the contractor is required to submit, which documents shall
be  updated regularly in accordance with rules of the procurement policy
board; (4) information regarding  the  contractor's  qualifications  and
performance;  (5)  any  evaluations of the contractor and any contractor
responses to such evaluations; (6) any audits of the  contract  and  any
contractor responses to such audits; and (7) any decisions regarding the
suspension or debarment of the contractor.
  b.  The  procurement policy board shall regularly review the scope and
form of all information maintained pursuant to this  section  and  shall
promulgate rules regarding its contents, organization and management.
  c. The mayor shall ensure adequate public access to the information on
contracts  and  contractors,  which  shall  be maintained in a manner to
facilitate public  review,  with  due  consideration  for  the  need  to
protect, where appropriate, the confidentiality of any such information.
  d.  The information on contracts and contractors shall be computerized
to the extent feasible. The computerized information shall be stored  in
a   manner   which  allows  for  meaningful  read-only  access  to  such
information by the agency name, contractor name, contract category,  and
contract  number  included in prior notices published in the City Record
pursuant to section three hundred twenty-five.  At  least  one  computer
terminal  shall  be  available  for  such  access  in  the central place
established by the mayor pursuant to subdivision a of this section.

Section 1065.

Section 1065.

  §  1065.  Budget  documents. Each budget document required by chapters
ten, six, or nine of  the  charter  shall  be  a  public  document.  The
official  or  agency  responsible for preparing each such document shall
file a copy in the municipal  reference  and  research  center,  in  the
principal branch library of each borough and, for the various geographic
based  budget  documents, in the relevant branch library. Copies of each
such  required  budget  document  shall  also  be  made  available   for
reasonable  public  inspection  in  the office of the official or agency
responsible for preparing it.

Section 1066.

Section 1066.

  §  1066.  City  Record.  a.  There  shall  be  published daily, except
Saturdays,  Sundays  and  legal  holidays,  under  contract  or  by  the
department  of  citywide administrative services, a paper to be known as
the City Record.
  b. There shall be inserted in the City Record nothing aside from  such
official matters as are expressly authorized.
  c.  All  advertising  required  to  be  done  for  the city, except as
otherwise provided by law, shall be inserted at the  public  expense  in
the City Record and a publication therein shall be sufficient compliance
with any law requiring publication of such matters or notices.
  d. Nothing herein contained shall prevent the publication elsewhere of
any advertisement required by law to be so published.
  e.  The commissioner of citywide administrative services shall cause a
continuous series of the City Record to be bound as completed  quarterly
and to be deposited with his or her certificate thereon in the office of
the  city  register,  in the county clerk's office of each county and in
the office of the city clerk; and copies of the contents of any part  of
the  same, certified by such register, county clerk or city clerk, shall
be received in judicial proceedings as prima facie evidence of the truth
of the contents thereof.
  f. The commissioner of citywide administrative services shall  provide
copies  of  each issue of the City Record to the municipal reference and
research center where they shall be  available  without  charge  to  any
member of the public requesting a copy on the publication date or within
a  reasonable  period  of  time  thereafter,  to  be  determined  by the
commissioner of records and information services. The commissioner shall
also provide free subscriptions to  the  City  Record  to  each  borough
president,  council  member,  community  board, and branch of the public
library and  to  the  news  media  as  defined  in  paragraph  three  of
subdivision  b  of  section one thousand forty-three of the charter. The
commissioner  of  citywide   administrative   services,   each   borough
president,  council member and community board shall, upon receipt, make
copies of each issue of the City Record available  in  their  respective
offices for reasonable public inspection without charge.

Section 1067.

Section 1067.

  §  1067.  Organization  of  the  agency;  notice. In January, nineteen
hundred ninety and every year thereafter, in accordance with the  notice
procedures  of subdivision b of section one thousand forty-three of this
charter, the head of each agency shall cause to be published in the City
Record and shall give notice of a written plan or chart  describing  the
organization of the agency.

Section 1068.

Section 1068.

  *  §  1068. The text of each resolution or similar action provided for
by this charter which has the force of law or which  amends  or  extends
the  charter  shall  appear as part of the administrative code or of the
compilation of city rules required by section one  thousand  forty-five,
as the mayor deems appropriate.
  * N.B. No section heading was enacted

Section 1069

Section 1069

  § 1069   Access  to public insurance coverage information. a. Pursuant
to  the  provisions  of  this  section,  each  agency  designated  as  a
participating   agency  under  the  provisions  of  this  section  shall
implement and administer a program of distribution of the public  health
insurance program options pamphlet published by the department of health
and mental hygiene pursuant to section 17-183 of the administrative code
of  the city of New York. The following offices are hereby designated as
participating agencies: the administration for children's services,  the
board  of education, the city clerk, the commission on human rights, the
department for the aging, the department of correction,  the  department
of  employment,  the  department of homeless services, the department of
housing  preservation  and  development,  the  department  of   juvenile
justice,  the department of health and mental hygiene, the department of
probation,   the   department   of   social   services/human   resources
administration,  the  taxi  and  limousine commission, the department of
youth and community development, the office to combat domestic violence,
and the  office  of  immigrant  affairs;  provided,  however,  that  the
department  of  health  and mental hygiene, as it deems appropriate, may
designate additional agencies to be participating agencies.
  b. Participating agencies shall be required to:  (i)  distribute  such
public   health  insurance  program  options  pamphlet  to  all  persons
requesting   a   written   application   for   services,   renewal    or
recertification  of services or request for a change of address relating
to the provision of services by such  agency;  provided,  however,  that
this  section  shall  not  apply  to  services  that must be provided to
prevent actual or potential danger to the life, health or safety of  any
individual  or  to  the  public;  (ii) include a public health insurance
program options pamphlet with any agency communication sent through  the
United  States  mail  for  the purpose of supplying an individual with a
written application for services, renewal or recertification of services
or with a request for a change of address form relating to the provision
of services by such agency; and (iii)  provide  an  opportunity  for  an
individual  requesting  a  written  application for services, renewal or
recertification for services or change of address form relating  to  the
provision  of  services  by  such  agency  via the Internet to request a
public health insurance  program  options  pamphlet,  and  provide  such
pamphlet,  by  United  States  mail  or  an  Internet address where such
pamphlet may be viewed or downloaded, to any person  who  indicates  via
the Internet that they wish to be sent a public health insurance program
options  pamphlet;  provided,  however,  that  the  taxi  and  limousine
commission shall only  be  required  to  distribute  the  public  health
insurance  program  options  pamphlet  to  those persons applying for or
renewing a driver's license  or  vehicle  license  as  those  terms  are
defined  in  section 19-502 of this code; and provided further, that the
board of education shall be required only  to  ensure  that  the  public
health  insurance  program  options  pamphlet  is  distributed  to those
individuals who appear in person to  register  a  child  in  the  public
school system.
  c.  Participating  agencies  shall  ensure  that the employees of such
agency do not make any statement to an applicant for services or  client
or  take  any  action  the  purpose  or  effect  of which is to lead the
applicant or client to believe that a decision to request public  health
insurance  or a public health insurance program options pamphlet has any
bearing on their eligibility to receive or the availability of  services
or benefits provided by such agency.
  d. Each participating agency shall request that any contractor of such
agency  operating  pursuant  to a contract which (i) is in excess of two
hundred and fifty thousand dollars and (ii) requires such contractor  to

supply individuals with a written application for, or written renewal or
recertification  of  services,  or request for change of address form in
the  daily  administration  of  their  contractual  obligation  to  such
participating  agency, fulfill the obligations of participating agencies
under this section.
  e. Each participating agency may establish  procedures  as  they  deem
necessary  to  implement  the  local  law  that  added this section. The
commissioner or head of a participating agency, with the concurrence  of
the  commissioner  of  the  department of health and mental hygiene, may
exclude a program in whole or in part  from  the  requirements  of  this
section  upon determining that the inclusion of such a program would not
substantially further the purpose of  the  local  law  that  added  this
section.  The  commissioner  or  head  of each participating agency that
administers programs receiving funds under the workforce investment  act
of  1998,  as  codified  at  29  U.S.C.  § 2801 et seq., shall, with the
concurrence of the commissioner of the department of health  and  mental
hygiene,  determine  which  workforce  investment  act offices providing
workforce development services, including core and intensive services or
substantive training funded in whole or in part by the city's  share  of
funds provided under such workforce investment act, shall be required to
fulfill  the  obligations  of participating agencies under this section;
such determination shall be based upon whether  the  inclusion  of  such
offices  would  substantially  further the purpose of the local law that
added this section. A copy of each determination made pursuant  to  this
subdivision  shall  be  forwarded  to  the  council and the mayor within
thirty days of such determination.

Section 1069.1

Section 1069.1

  §  1069.1  Distribution of pamphlet on public health insurance program
options in day care centers. Each day care center shall be  required  to
distribute  the  pamphlet  on  public  health  insurance program options
provided to it by the department of health and mental  hygiene  pursuant
to  subdivision  b  of  section 17-183 of the administrative code of the
city of New York to those individuals who appear in person to register a
child in such day care center. Day care centers shall also  be  required
to  ensure that pamphlets on public health insurance program options are
made available to parents and/or  guardians  on  the  premises  of  such
centers throughout the year. For the purposes of this section, "day care
center"  shall  mean  any  child day care facility operating in New York
city that is required to obtain a license from, or to register with, the
department of health and mental hygiene pursuant to section 47.05 of the
New York city health code and/or the New York state department of social
services pursuant to section 390 of the New York state  social  services
law.