Section 1100.
§ 1100. Head of department; whole time. Every head of an
administration or department or elected officer except council members
who receives a salary from the city shall give whole time to the duties
of the office and shall not engage in any other occupation, profession
or employment.
Section 1101.
§ 1101. Deputies. a. Any head of a department established by this
charter may appoint and, at pleasure, remove so many deputies as may be
provided for by law and determine their relative rank, and may appoint
and, at pleasure, remove a secretary to the department if so provided
and, except as otherwise provided by law, shall assign to them their
duties and may by instrument in writing filed in the department
designate any deputy to possess any of the powers and exercise such of
the duties of the head of the department and for such times and under
such conditions as such head of a department may specify.
b. During a vacancy in the office of the head of an administration or
a department established by this charter, or whenever by reason of
illness or absence from the city such official shall be prevented from
attending to the duties of office, the highest ranking deputy not absent
or under disability shall act as the head of the administration or
department.
c. The head of each mayoral department, including each such department
within an administration, shall designate a deputy commissioner of the
department or a senior officer reporting directly to the head of the
department who shall be responsible for the personnel, management and
budget administration functions of the department and for financial
planning and management in the areas of payroll, purchasing, vouchering,
accounting and related areas assigned by the head of the department.
Section 1102.
§ 1102. Organization of department. a. Any head of an administration
or a department established by this charter, to the extent to which the
organization of the administration or department is not prescribed by
law, shall by instrument in writing filed in the agency organize the
administration or department into such divisions, bureaus or offices and
make such assignments of powers and duties among them, and from time to
time change such organization or assignments, as the head of the
administration or department may consider advisable.
b. Except as provided in section eleven, where divisions, bureaus or
offices have been established by law, the mayor may consolidate any two
or more divisions, bureaus or offices in any agency under the
jurisdiction of the mayor and change the duties of any such division,
bureau or office and in like manner reverse or modify any such action.
Section 1109.
§ 1109. Summary inquiry. A summary inquiry into any alleged violation
or neglect of duty in relation to the property, government or affairs of
the city may be conducted under an order to be made by any justice of
the supreme court in the first, second or eleventh judicial district on
application of the mayor, the comptroller, the public advocate, any five
council members, the commissioner of investigation or any five citizens
who are taxpayers, supported by affidavit to the effect that one or more
officers, employees or other persons therein named have knowledge or
information concerning such alleged violation or neglect of duty. Such
inquiry shall be conducted before and shall be controlled by the justice
making the order or any other justice of the supreme court in the same
district. Such justice may require any officer or employee or any other
person to attend and be examined in relation to the subject of the
inquiry. Any answers given by a witness in such inquiry shall not be
used against such witness in any criminal proceeding, except that for
all false answers on material points such witness shall be subject to
prosecution for perjury. The examination shall be reduced to writing and
shall be filed in the office of the clerk of such county within the
first, second or eleventh judicial district as the justice may direct,
and shall be a public record.
Section 1110.
§ 1110. Trusteeship of public property. The council and the council
members and all other officers and employees of the city are hereby
declared respectively trustees of the property, funds and effects of the
city, so far as such property, funds and effects are or may be committed
to their management or control. Such trustees are hereby made subject to
all the duties and responsibilities imposed by law on trustees, and such
duties and responsibilities may be enforced by the city or by any
officer thereof.
Section 1110-a.
§ 1110-a. Capital plant inventory and maintenance estimates.
a. For the purposes of this section:
1. "Maintenance" or "maintain" shall denote those activities necessary
to keep the relevant portion of the capital plant in good repair so as
to preserve its structural integrity and to prevent its deterioration.
2. "Major portion of the capital plant" shall mean (a) any capital
asset (1) which is a capital facility or system comprising a component
of the public domain or infrastructure general fixed assets of the city
or a building comprising a component of the general fixed assets of the
city and (2) which, as of December thirty-first, nineteen hundred
eighty-eight, or, as the result of any reconstruction or expansion after
such date, has a replacement cost of at least ten million dollars and a
useful life of at least ten years, or if purchased or constructed after
such date, has an original cost of at least ten million dollars, and an
original useful life of at least ten years; and (b) any other capital
asset of the city designated by the mayor for the purposes of this
section; provided, however, that it shall not include any asset which is
leased to or otherwise under the cognizance and control of a public
benefit corporation or which is otherwise covered, pursuant to state
law, by requirements which are substantially similar to the requirements
of this section.
b. Not later than October first of nineteen hundred eighty-nine, the
head of each agency shall submit to the mayor, for each major portion of
the capital plant for which the agency or any officer or employee
thereof is responsible, the following information: the date of original
acquisition or construction, the dates of any significant alterations or
reconstructions, the original cost and original useful life, and the
current replacement cost and remaining useful life. Such information
shall be categorized by project type.
c. Not later than October first of nineteen hundred ninety, the head
of each agency shall submit to the mayor an agency capital plant
inventory presenting, for each major portion of the capital plant for
which the agency or any officer or employee thereof is responsible, an
update of the information required by subdivision b of this section as
well as an assessment of its condition and a schedule, by year, of
maintenance activities. The head of each agency shall submit amendments
of such agency capital plant inventory to the mayor as necessary to
ensure that such inventory, including the condition assessments and
maintenance schedules, is complete, current and accurate. Such inventory
and amendments thereto shall be categorized by project type.
d. Such maintenance schedules and amendments thereto, other than
amendments reflecting the dispostion or demolition of any portion of the
capital plant, shall be prepared or reviewed by professional engineers
or architects registered in the state of New York and such engineers or
architects shall set forth in writing (1) their opinions as to the
reasonableness and sufficiency of the activities set forth in such
schedules for maintaining such portions of the capital plant and (2)
their recommendations, if any, for changes in such schedules. Such
opinions and recommendations shall be based upon commonly used standards
for acceptable levels of maintenance, the performance and other
specifications to which such portions of the capital plant were
designed, and such other engineering or architectural standards as may
be appropriate. Such professional engineers or architects may be
officers or employees of the city of New York.
e. The mayor shall transmit copies of such agency capital plant
inventories, and all amendments thereto, to the council, the comptroller
and the city planning commission and shall ensure that all information
from such inventories as amended, including the condition assessments
and maintenance schedules, and the opinions and recommendations related
to such maintenance schedules are centrally stored and accessible to
such officials, the agencies involved and other interested parties.
f. Not later than the first day of October of each year, commencing in
nineteen hundred ninety, the mayor shall transmit to the council
estimates for the ensuing fiscal year and for each of the three
succeeding fiscal years of the amounts, by agency and project type and,
within project type, by personal services and other-than-personal
services, necessary to maintain all major portions of the capital plant,
consistent with the maintenance schedules on file with the mayor
pursuant to subdivision e of this section. Such estimates shall be
prepared or reviewed by the professional engineers or architects who
prepared or reviewed such maintenance schedules or by professional
engineers or architects registered in the State of New York and employed
by the office of management and budget or the agencies involved. Such
architects or engineers shall set forth in writing (1) their opinions as
to the reasonableness of such estimates and whether such estimates have
been logically derived from such maintenance schedules and (2) their
recommendations, if any, for changes in such estimates. Such opinions
and recommendations shall be centrally stored and accessible to any
interested party.
Section 1111.
§ 1111. Authorization to incur liabilities; expenses not to exceed
appropriation. The head of each agency shall establish the procedure by
which charges and liabilities may be incurred on behalf of the agency.
Such procedures shall ensure that no officer or employee, on behalf of
or in the name of the agency, shall incur a liability or an expense for
any purpose in excess of the amount appropriated or otherwise authorized
therefor; and no charge, claim or liability shall exist or arise against
the city, or any of the counties contained within its territorial
limits, for any sum in excess of the amount appropriated or otherwise
authorized for the particular purpose.
Section 1112.
§ 1112. Reports to mayor. The heads of administrations and departments
established by this charter, borough presidents and such officers as the
mayor may require shall in addition to any other reports required by
this charter, once in each year and at such other times as the mayor may
direct, make to the mayor, in such form and under such rules as the
mayor may prescribe, reports of their operations and action. Notice of
the availability of copies of each of such annual reports shall be
published in the City Record within thirty days of the publication of
the report involved. The heads of all agencies shall, when required by
the mayor, furnish to him or her such information as the mayor may
demand, within such reasonable time as he or she may direct.
Section 1113.
§ 1113. Report and Advisory Board Review Commission. a.
Notwithstanding any inconsistent provision of this charter, the
administrative code or any local law and except as provided in this
section, any requirement in this charter, the administrative code or
otherwise in any local law that mandates the issuance of periodic or
multiple reports by public agencies, officers or employees where at
least one such report is due on or after the effective date of this
section, and any requirement that mandates the establishment of a
commission, committee, board, task force or other similar body that is
solely advisory in nature, shall be subject to waiver in accordance with
the provisions of this section.
b. There shall be a report and advisory board review commission, which
shall consist of the speaker of the city council, two members of the
council to be chosen by the speaker, the corporation counsel, the
director of the mayor's office of operations, the director of management
and budget, and the commissioner of information technology and
telecommunications or designated officers or employees of the agencies
headed by such members or in the case of the council members, designated
employees of the council. The director of the mayor's office of
operations shall be the chair of the commission.
c. The commission shall meet on a regular basis, at intervals
determined by the chair, to perform the reviews required by this
section. The commission shall hold at least one public hearing each year
to solicit comment from members of the public on matters required to be
reviewed by the commission pursuant to this section. The chair shall
have charge of the organization of the commission and shall have
authority to employ, assign and superintend the duties of such officers
and employees as may be necessary to carry out the provisions of this
section. In addition, the speaker of the city council, the commissioner
or head of any agency or office represented on the commission or the
commissioner or head of any other appropriate city agency or office may,
if requested by the chair or the commission, provide staff and other
assistance with respect to any matter within the jurisdiction of the
commission.
d. (1) Except as provided in paragraph six of this subdivision, the
commission shall have the power and responsibility to review all
requirements in this charter or the administrative code or elsewhere in
the local laws of New York city that mandate the issuance of periodic or
multiple reports by city agencies, officers or employees where at least
one such report is due on or after the effective date of this section,
and all requirements that mandate the establishment of commissions,
committees, boards, task forces or other similar bodies that are solely
advisory in nature. Notwithstanding any inconsistent provision of this
charter, the administrative code or any local law, the commission shall
further have the power and responsibility, subject to review by the
council and the mayor as provided in paragraphs four and five of this
subdivision, and except as provided in paragraph six of this
subdivision, to waive any such requirement. The commission shall be
empowered to review requirements in effect on and after the effective
date of this section regardless of the date of enactment of such
requirements; provided, however, that the powers and duties of the
commission shall not extend to the mayor's management report required
pursuant to subdivision c of section twelve of this charter as in effect
on July first, two thousand ten, or to requirements mandating the
issuance of reports, or the creation of bodies, that are required
pursuant to any state or federal law, rule or regulation or that are
both (i) in effect on July first, two thousand ten and (ii) set forth in
or required by sections ninety-three, ninety-five or ninety-six, or by
chapters six, nine, ten or eleven of this charter.
(2) Prior to making any determination to waive a requirement pursuant
to this section, the commission shall, to the extent practicable,
solicit the views of groups, organizations, or entities representing the
interests of persons and entities that the chair or the commission
reasonably determines are the subject of or are otherwise affected or
benefited by the requirement under review. Any such determination made
by the commission shall include a statement that the commission has
solicited input in accordance with this paragraph.
(3) The commission shall review all requirements within its
jurisdiction. Except as provided in this subdivision, the chair may
establish the agenda and priorities of the commission with respect to
the order in which the commission reviews requirements and with respect
to similar matters. Upon completing its review of each such requirement,
the commission shall issue a written determination whether or not to
waive such requirement and, if the commission determines such
requirement shall be waived, stating the reasons therefor. A report
waived by the commission, subject to the review process set forth in
paragraphs four and five of this subdivision, shall cease to be
required. In the event that the commission determines to waive the
requirement that mandates the establishment of an advisory body, if such
waiver is approved by the council and the mayor pursuant to the
provisions of this section, such body shall cease to exist following
such approval. The commission may waive a reporting requirement in part
rather than in whole by identifying particular required elements of such
report that should be waived or retained. The commission shall issue
determinations with respect to requirements that are in effect on the
date of adoption of this section no later than November first, two
thousand fifteen, and shall issue determinations with respect to
requirements enacted after such date of adoption no later than five
years after the date of enactment of such requirements. The commission
may from time to time make further determinations with respect to the
waiver of any such requirement; provided, however, that when a
requirement has been retained by the commission or as a result of the
review process set forth in paragraphs four and five of this
subdivision, the commission shall again review such requirement within
five years of the date of the determination to retain the requirement.
(4) The commission shall promptly file with the council and the mayor,
publish in the city record and post on the city website each
determination to waive a requirement, whether in part or in whole, that
is issued pursuant to paragraph three of this subdivision, and shall
promptly provide copies of such determination electronically or by any
other reasonable means to groups, organizations or entities from which
the commission has solicited input in accordance with paragraph two of
this subdivision. Within one hundred twenty days of the filing of a
determination by the commission, the council may either approve or
disapprove such determination by the affirmative vote of a majority of
all the council members. If, at the end of such one hundred twenty days,
the council has failed to act on a determination of the commission, the
council shall be deemed to have approved such determination, and such
determination shall take effect.
(5) All actions of the council pursuant to this subdivision shall be
filed by the council with the mayor prior to the expiration of the time
period for council action under paragraph four of this subdivision. Any
approval by the council pursuant to this subdivision, whether as a
result of council action or failure to act, shall be final. Any
disapproval by the council pursuant to this subdivision shall be final
unless the mayor within ten days of receiving a filing with respect to
such action files with the council a written disapproval of the action.
A mayoral disapproval pursuant to this paragraph shall have the effect
of vetoing any council disapproval and shall be subject to override by a
two-thirds vote of all the council members within fifteen days of such
filing by the mayor.
(6) Notwithstanding any other provision of this section, in no event
shall the commission make a determination to waive a requirement
otherwise subject to its jurisdiction for three years following the date
of enactment of the most recent local law imposing any such requirement.
e. The commission shall base its reviews and determinations on such
criteria as it may deem appropriate. Such criteria shall include but not
be limited to the following:
(1) With regard to requirements mandating the issuance of reports:
whether the report provides useful information for evaluating the
results of programs, activities and functions and their effectiveness in
achieving their goals and objectives; whether the report provides useful
information for assessing the effectiveness of the management of city
resources; whether the report is entirely or partially duplicative of
the subject matter of any other mandated report; whether the report
remains relevant in light of changing circumstances, current information
needs and technological advances; and whether the benefits and
usefulness of the report outweigh the expenditure of public resources to
produce it.
(2) With regard to requirements mandating the establishment of
advisory commissions, committees, boards, task forces or other similar
bodies: whether the body substantially furthers the mission of city
agencies with which it interacts or within which it is located; whether
the function or jurisdiction of a body is entirely or partly duplicative
of the function or jurisdiction of any other mandated body; whether the
function or jurisdiction of a body is limited to the production of
reports that have been waived pursuant to this section; whether the
function or jurisdiction of a body remains relevant in light of changing
circumstances and needs; and whether the benefits and usefulness of the
body outweigh the expenditure of public resources to support and
interact with it.
f. In addition to the powers set forth in subdivisions a through e of
this section, the commission may recommend to the mayor and the council
the modification of existing requirements with respect to the issuance
of reports and the establishment of solely advisory bodies in order to
make the implementation of such requirements more effective in achieving
their intended purposes; such recommendations may include, but not be
limited to recommendations designed to modify or consolidate reporting
requirements in light of technological advances, and may also evaluate,
and make recommendations to the mayor and the council concerning,
additional data needs.
g. Nothing in this section shall be construed to prevent the city
council from acting by local law to limit or repeal any requirement
otherwise subject to this section at any time, or to enhance or extend
such requirement. Any such enhancement or extension shall be subject to
commission review pursuant to this section, provided, however, that such
review is limited by the three-year period set forth in paragraph six of
subdivision d.
Section 1115.
§ 1115. Officer not to hold any other civil office. Any person holding
office, whether by election or appointment, who shall, during such
person's term of office, accept, hold or retain any other civil office
of honor, trust or emolument under the government of the United States,
except commissioners for the taking of bail, or of the state, except the
office of notary public or commissioner of deeds or officer of the
national guard, or who shall hold or accept any other office connected
with the government of the city, or who shall accept a seat in the
legislature, shall be deemed thereby to have vacated any office held by
such person under the city government; except that the mayor may accept,
or may in writing authorize any other person holding office to accept, a
specified civil office in respect to which no salary or other
compensation is provided. No person shall hold two city or county
offices, except as expressly provided in this charter or by statute; nor
shall any officer under the city government hold or retain an office
under a county government, except when such officer holds such office ex
officio by virtue of an act of the legislature, and in such case shall
draw no salary for such ex officio; provided, however, that any member
of the police force or any member of the fire department may hold office
as a member of a board of education outside of the city of New York if
otherwise qualified to serve thereon.
Section 1116.
§ 1116. Fraud; neglect of duty; willful violation of law relative to
office. a. Any council member or other officer or employee of the city
who shall wilfully violate or evade any provision of law relating to
such officer's office or employment, or commit any fraud upon the city,
or convert any of the public property to such officer's own use, or
knowingly permit any other person so to convert it or by gross or
culpable neglect of duty allow the same to be lost to the city, shall be
deemed guilty of a misdemeanor and in addition to the penalties imposed
by law and on conviction shall forfeit such office or employment, and be
excluded forever after from receiving or holding any office or
employment under the city government.
b. Any officer or employee of the city or of any city agency who shall
knowingly make a false or deceptive report or statement in the course of
duty shall be guilty of a misdemeanor and, upon conviction, forfeit such
office or employment.
Section 1117.
§ 1117. Pensioner not to hold office. If a person receiving a pension
or a retirement allowance made up of such pension and an annuity
purchased by the pensioner from the city or any agency, or out of any
fund under the city or any agency, by reason of such person's own prior
employment by the city or any agency, shall hold and receive any
compensation from any office, employment or position under the state or
city or any of the counties included within the city or any municipal
corporation or political subdivision of the state, except the offices of
inspector of election, poll clerk or ballot clerk under the election law
or commissioner of deeds or notary public or jury duty, the payment of
said pension only shall be suspended and forfeited during and for the
time such person shall hold and receive compensation from such office,
position or employment; but this section shall not apply where the
pension and the salary or compensation of the office, employment or
position amount in the aggregate to less than one thousand eight hundred
dollars annually.
Section 1118.
§ 1118. Officers and employees not be ordered to work outside public
employment. No officer or employee of the city or of any of the
counties within its limits shall detail or cause any officer or employee
of the city or of any of such counties to do or perform any service or
work outside of the public office, work or employment of such officer or
employee; and any violation of this section shall constitute a
misdemeanor.
Section 1119.
§ 1119. Action of boards. Except as otherwise provided by law:
1. Whenever any act is authorized to be done or any determination or
decision made by any commission, board or other body, the act,
determination or decisions of the majority of the commission, board or
other body shall be held to be the act, determination or decision of the
commission, board or other body.
2. A majority of the members of any commission, board or other body
shall constitute a quorum of such commission, board or other body.
3. Each commission, board or other body may choose at its own
pleasure one of its members who shall be its president and one who shall
be its treasurer and may appoint a secretary or chief clerk within the
appropriation therefor.
Section 1120.
§ 1120. Additional powers and duties. Any elected or appointed
officer of the city or any board or commission or any member thereof
shall, in addition to the powers and duties vested in such officer,
board or commission by this charter, perform any duties and exercise
any powers vested in such officer or in such board or commission by any
other provision of law and any power necessary to carry out the powers
and duties vested in such officer, board or commission.
Section 1121.
§ 1121. Agreements concerning performance of agency administrative
functions. Notwithstanding any other provision of local law to the
contrary, two or more agencies of the city may, by mutual agreement,
share in the performance of specified administrative functions or
designate one or more of such agencies to perform such functions for one
or more other such agencies if, in the judgment of the heads of such
agencies, such sharing or designation will result in more effective or
efficient performance of such functions for the agencies entering into
such agreement. An agreement pursuant to this section may include but
shall not be limited to the sharing of, or designation of one or more
agencies to perform, one or more of the following functions: personnel
services, labor relations, facilities maintenance and management,
purchasing, information technology and telecommunications, budget
administration, and internal auditing. For purposes of this section,
"agencies of the city" shall include but not be limited to mayoral and
non-mayoral agencies, city boards and commissions, and the offices of
elected city officers.
Section 1122.
§ 1122. Bonds. Unless otherwise provided by law, each officer of the
city who has possession of or control over any funds of the city shall
give bond for the faithful performance of the duties of such officer in
such sum as may be fixed and with sureties to be approved by the
comptroller. Such bonds shall run to the city of New York, and in case
there is another officer who is responsible for the officer giving the
bond, shall run also to such officer.
Section 1123.
§ 1123. Failure to testify. If any council member or other officer
or employee of the city shall, after lawful notice or process, wilfully
refuse or fail to appear before any court or judge, any legislative
committee, or any officer, board or body authorized to conduct any
hearing or inquiry, or having appeared shall refuse to testify or to
answer any question regarding the property, government or affairs of the
city or of any county included within its territorial limits, or
regarding the nomination, election, appointment or official conduct of
any officer or employee of the city or of any such county, on the ground
that the answer of such council member, officer or employee would tend
to incriminate him or her, or shall refuse to waive immunity from
prosecution on account of any such matter in relation to which he or she
may be asked to testify upon any such hearing or inquiry, the term or
tenure of office or employment of such council member, officer or
employee shall terminate and such office or employment shall be vacant,
and he or she shall not be eligible to election or appointment to any
office or employment under the city or any agency.
Section 1124.
§ 1124. Civil rights protected. Nothing in this charter contained
shall affect any rights given or secured by section fifteen of the civil
rights law, including the right of officers and employees, as citizens,
to appeal to the legislature or to any public officer, board, commission
or other public body for the redress of their grievances as such
officers and employees.
Section 1125.
§ 1125. Salaries of the district attorneys. Each of the district
attorneys of the counties of New York, Bronx, Kings, Queens and Richmond
shall receive an annual salary equal to the compensation received by a
justice of the supreme court in the county in which such district
attorney has been elected and is serving, or one hundred ninety thousand
dollars a year, whichever is greater.
Section 1126.
§ 1126. Political activities forbidden. No officer or employee of the
department of citywide administrative services subject to this provision
pursuant to a designation of the commissioner of citywide administrative
services, and no member, officer, or employee of the civil service
commission shall hold office or serve as a member of any committee in
any political organization or association, nor shall such member,
officer or employee serve as a delegate to any political convention. Any
member, officer or employee violating this provision shall forfeit such
office or employment. The commissioner of citywide administrative
services shall designate all employees in the department of citywide
administrative services who perform functions relating to citywide
personnel issues to be subject to this provision.
Section 1127.
§ 1127. Condition precedent to employment. a. Notwithstanding the
provisions of any local law, rule or regulation to the contrary, every
person seeking employment with the city of New York or any of its
agencies regardless of civil service classification or status shall sign
an agreement as a condition precedent to such employment to the effect
that if such person is or becomes a nonresident individual as that term
is defined in section 11-1706 of the administrative code of the city of
New York or any similar provision of such code, during employment by the
city, such person will pay to the city an amount by which a city
personal income tax on residents computed and determined as if such
person were a resident individual, as defined in such section, during
such employment, exceeds the amount of any city earnings tax and city
personal income tax imposed on such person for the same taxable period.
b. Whenever any provision of this charter, the administrative code of
the city of New York or any rule or regulation promulgated pursuant to
such charter or administrative code employs the term "salary",
"compensation", or any other word or words having a similar meaning,
such terms shall be deemed and construed to mean the scheduled salary or
compensation of any employee of the city of New York, undiminished by
any amount payable pursuant to subdivision a of this section.
Section 1128.
§ 1128. Interference with investigation. a. No person shall prevent,
seek to prevent, interfere with, obstruct, or otherwise hinder any study
or investigation being conducted pursuant to the charter. Any violation
of this section shall constitute cause for suspension or removal from
office or employment.
b. Full cooperation with the commissioner of investigation shall be
afforded by every officer or employee of the city or other persons.
Section 1129.
§ 1129. Members of police department; no other office. Any police
commissioner or any member of the police force who shall accept any
additional place of public trust or civil emolument except as a member
of a community board, or who shall during his or her term of office be
nominated for any office elective by the people, except a member of the
police force appointed, nominated or elected to a board of education
outside of the city of New York, and shall not, within ten days
succeeding same, decline the said nomination, shall be deemed thereby to
have resigned his or her commission and to have vacated his or her
office, and all votes cast at any election for any person holding the
office of police commissioner, or within thirty days after he or she
shall have resigned such office, shall be void.
The foregoing provisions shall not apply to any member of the police
force who, with the written authorization of the mayor, shall accept any
additional place of public trust or civil emolument while on leave of
absence without pay from the department.
Section 1130.
§ 1130. Members of fire department; elective office. Any commissioner
or any member of the uniformed force of the fire department may accept
any additional place of public trust or civil emolument or may be
elected to public office. Provided, however, if the fire commissioner
determines that serving in such capacity interferes with his or her
performance as a member of the department, the commissioner may require
that such member be on a leave of absence without pay from the
department during the time that such member holds such office.
Section 1131.
§ 1131. School officers not to be interested in contracts; removal.
The board of education shall have the power to remove from office any
school officer who shall have been directly or indirectly interested in
the furnishing of any supplies or materials, or in the doing of any work
or labor, or in the sale or leasing of any real estate, or in any
proposal, agreement or contract for any of these purposes, in any case
in which the price or consideration is to be paid, in whole or in part,
directly or indirectly, out of any school moneys, or who shall have
received from any source whatever any commission or compensation in
connection with any of the matters aforesaid; and any school officer who
shall violate the preceding provisions of this section shall be deemed
guilty of a misdemeanor, and shall also forfeit such office and be
ineligible to any office or employment under the board of education or
under the city or any agency. The provisions of this section shall not
apply to authors of school books used in any of the public schools
because of any interest they may have as authors in such books.
Section 1132.
§ 1132. Contributions to political funds, etc., prohibited. Neither
the city superintendent of schools, nor any associate or assistant
superintendent of schools, nor any member of the board of examiners, nor
any member of the supervising or teaching staff of the board of
education of the city shall be permitted to contribute any moneys
directly or indirectly to any fund intended to affect legislation
increasing their emoluments, but nothing herein shall be construed to
deny any right afforded by section eleven hundred twenty-four.
Section 1133.
§ 1133. Transmission of reports; disposal of records; destruction of
other materials. a. The head of each agency shall transmit to the
municipal reference and research center at least four copies of each
report, document, study or publication of such agency immediately after
the same shall have been published or issued. The head of each agency
shall also transmit to the department of records and information
services or its successor agency, in electronic format, each report,
document, study and publication required by local law, executive order,
or mayoral directive to be published, issued, or transmitted to the
council or mayor, within ten business days of such publication, issuance
or transmittal to the council or mayor, which materials shall be made
available to the public on or through the department's website, or its
successor's website, within ten business days of such publication,
issuance or transmittal to the council or mayor. The agency shall
further transmit to the municipal reference and research center four
copies of each report, document, study or publication prepared by
consultants, or other independent contractors, as soon as such report or
study is released, and shall further transmit within ten business days
of release by the agency, in electronic format, to the department of
records and information services each such report, document, study or
publication. Such materials shall further be made available to the
public on or through the department's website, or its successor's
website, within ten business days of release by the agency. Where
practicable, each agency shall also transmit, in electronic format, to
the department of records and information services or its successor
agency any report, document, study and publication required to be
published by any state or federal law, rule or regulation within ten
business days of publication. Such materials shall further be made
available to the public on or through the department's website, or its
successor's website, within ten business days of such publication.
b. No records shall be destroyed or otherwise disposed of by an
agency, officer or employee of the city unless approval has been
obtained from the commissioner of records and information services, the
corporation counsel and the head of the agency which created or has
jurisdiction over the records who shall base their determinations on the
potential administrative, fiscal, legal, research or historical value of
the record. Approval for records disposal shall be contained in an
approved records disposal schedule and remain in force until the status
of the records changes. The commissioner of records and information
services or the head of the agency which created or has jurisdiction
over the records may initiate action to eliminate records eligible for
disposal. The commissioner of records and information services shall
insure the destruction of disposable records within six months of the
date of eligibility.
c. Records of historical, research, cultural or other important value
shall be transferred to the municipal archives for permanent custody
pursuant to a records disposition schedule approved by the commissioner
of records and information services and, if applicable, the head of the
agency which created or has jurisdiction over the records. Such schedule
is subject to the conditions set forth herein. The city shall reserve
and retain ownership, possession, and control of all records of
historical, research, cultural or other important value in accordance
with the provisions of this section and subdivision five of section
3003.
d. Other materials not included within the definition of records in
this charter may be destroyed, if not otherwise prohibited by law, at
any time by the agency in possession of such materials without the
approval of the commissioner of records and information services. Such
commissioner may, however, formulate procedures and interpretations to
guide in the disposition of such materials.
Section 1134.
* § 1134. The head of each agency shall promptly transmit to the
council copies of all final reports or studies which the charter or
other law requires the agency or any official thereof to prepare. The
head of each agency shall also promptly transmit to the council copies
of all final audits, audit reports and evaluations of such agency
prepared by state or federal officials or by private parties.
* N.B. No section heading was enacted
Section 1135.
§ 1135. Restriction on community board membership of employees of
council members and borough presidents. No person who is employed by a
borough president or a council member may be appointed to serve on a
community board to which such borough president may make appointments or
to which such council member may make recommendations for appointment.
Section 1136.
§ 1136. Certification of officers and employees. a. On or before the
tenth day after an individual becomes a pubic servant, such individual
shall file a written statement with the city clerk that such individual
has read and shall conform to the provisions of this chapter.
b. On or before the tenth day after the head of any mayoral agency
commences the performance of official duties, such agency head shall, in
addition, file a written statement with the city clerk that such agency
head has read and shall conform to the provisions of chapter sixteen.
c. The department of citywide administrative services shall make
available such copies of chapters sixteen and forty-nine as are
necessary to fulfill the requirements of this section.
Section 1136.1.
§ 1136.1. Prohibitions on the use of government funds and resources.
1. Definitions. As used in this section:
(a) "Appear" means to communicate by live and/or recorded, visual
and/or audio images of the candidate, or to use the name of the
candidate, or both, or in a manner which makes the identity of the
candidate otherwise apparent by unambiguous reference.
(b) "Candidate" means an individual who seeks nomination for election,
or election, to any elective office to be voted for at a primary,
general or special election whether or not the office has been
specifically identified at such time and whether or not such individual
is nominated or elected; an individual shall be deemed to seek
nomination for election, or election, to an elective office, if he or
she has (1) taken the action necessary to qualify himself or herself for
nomination for election, or election, or (2) received contributions or
made expenditures, given his or her consent for any other person to
receive contributions or make expenditures, with a view to bringing
about his or her nomination for election, or election, to any elective
office at any time whether in the year in which such contributions or
expenditures are made or at any other time.
(c) "Electioneering message" means a statement designed to urge the
public to elect or defeat a certain candidate for elective office, or
support or oppose a particular political party, or support or oppose a
particular referendum question.
(d) "Elective office" means any elective office, including federal,
state, and local offices.
(e) "Mass mailing" means identical or nearly identical pieces of
literature or other mass communication totaling more than one hundred
items, including but not limited to newsletters, pamphlets and
informational materials, which are mailed to residents or voters, or any
group or classification thereof, other than in response to specific
inquiries or requests made by members of the public.
(f) "Participate" means to authorize, request, suggest, foster,
cooperate, and encompasses actions and omissions of both the candidate
for elective office and any agent acting on behalf of the candidate,
including a political committee authorized by the candidate.
(g) "Public servant" means all officials, officers and employees of
the city, including members of community boards and members of advisory
committees, except unpaid members of advisory committees shall not be
public servants.
2. (a) No public servant who is a candidate for nomination or election
to any elective office or the spouse of such public servant shall appear
or otherwise participate in any advertisement or commercial on
television, radio, in print or by electronic means on the Internet,
which is funded, in whole or part, by governmental funds or resources
from January first in the year an election for such elective office
shall be held through the day of the last election that year for that
office, in which the candidate seeks nomination or election.
(b) No public servant who is a candidate for nomination or election to
any elective office or the spouse of such public servant shall use,
cause another person to use, or participate in the use of governmental
funds or resources for a mass mailing that is postmarked, if mailed, or
delivered, if by other means, less than ninety days prior to any primary
or general election for any elective office for which office such person
is a candidate for nomination or election; provided, however, that a
candidate may send one mass mailing, which shall be postmarked, if
mailed, or delivered, if by other means, no later than twenty-one days
after the adoption of the executive budget pursuant to section two
hundred fifty-four. No such mass mailing shall be intentionally sent to
individuals outside the particular council district, borough, or other
geographic area represented by such candidate.
(c) No public servant shall use governmental funds or resources for a
public communication that contains an electioneering message, including
but not limited to information placed by electronic means on the
Internet.
(d). In the case of a candidate in a special election to fill a
vacancy in an elective office, the prohibitions set forth in paragraphs
(a) and (b) of this subdivision shall apply from the day the special
election is declared through the day of the special election.
3. (a) Nothing in this section shall prohibit appearances or
participation by public servants in or the use of governmental funds or
resources for:
(i) advertisements and other communications required by law;
(ii) communications necessary to safeguard public health and safety;
(iii) standard communications in response to inquiries or requests;
(iv) ordinary communications between public servants and members of
the public;
(v) ordinary communications between elected officials and their
constituents;
(vi) bona fide news coverage in print and electronic media; or
(vii) debates among opposing candidates or other public education
forums.
(b) Nothing in this section shall be construed to prohibit the public
funding of candidates pursuant to any voluntary system of campaign
finance reform established by local law or the lawful use of such public
funds by such candidates.
(c) Nothing in this section shall be deemed to permit any interest or
conduct prohibited by chapter sixty-eight of this charter or by any
rule, regulation, opinion, or determination of the conflicts of interest
board issued pursuant thereto or to restrict in any way the powers and
obligations of the conflicts of interest board.
4. The intentional or knowing violation of this section shall be
punishable as a misdemeanor in addition to any other penalty as may be
provided under law. Additionally, the campaign finance board shall have
the power to investigate and determine whether any use of governmental
funds or resources pursuant to paragraph (b) of subdivision two of this
section is a violation of such paragraph and, if such violation is
found, whether such use of government resources also violates or
constitutes a contribution and/or expenditure under chapter seven of
title three of the administrative code of the city of New York or any
rule promulgated thereunder. The campaign finance board may assess civil
penalties, upon giving written notice and the opportunity to appear
before the board, against candidates for offices covered by the system
of campaign finance reform, in an amount not in excess of ten thousand
dollars for each such violation.
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.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.