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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
* § 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
§ 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
§ 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.