Section 1150.
§ 1150. Definitions. For the purposes of this charter:
1. The term "city" shall mean the city of New York, and unless the
context otherwise requires, shall include the several boroughs.
2. The term "agency" shall mean a city, county, borough, or other
office, position, administration, department, division, bureau, board or
commission, or a corporation, institution or agency of government, the
expenses of which are paid in whole or in part from the city treasury.
3. The term "law" or "laws" shall include the constitution, this
charter, any statute, the administrative code, any local law, and any
ordinance, rule or regulation having the force of law.
4. The term "statute" shall mean an act of the legislature.
5. The term "maintenance" shall include minor repairs, and in case of
doubt the mayor or an officer designated by him shall decide whether a
repair is a minor repair.
6. The term "intercepting sewer" shall mean a sewer the principal
purpose of which is the interception from other sewers and conveyance of
sewage to treatment plants. In case of doubt the council shall decide
whether a sewer is an intercepting sewer.
7. a. The term "wharf property" shall mean wharves, piers, docks and
bulkheads and structures thereon and slips and basins, the land beneath
any of the foregoing, and all rights, privileges and easements
appurtenant thereto and land under water in the port of New York, and
such upland or made land adjacent thereto as was vested in the
department of docks on January first, nineteen hundred thirty-eight or
thereafter was or may be assigned to it or its successor agencies.
b. "Water front property" shall mean all property fronting on all the
tidal waters in the port and city of New York and extending inshore to
the property line of the first adverse owner and shall include such land
under water extending outshore to the pierhead line or the property
line, whichever extends furthest outshore.
c. "Water front commerce" shall mean the activity on water front
property which encompasses the receipt of cargo or goods at the wharves,
piers, docks or bulkheads from ships and their delivery to points inland
or the receipt of such cargo or goods at such wharves, piers, docks or
bulkheads from points inland for shipment by ships and shall include the
temporary storage of such cargo or goods in the sheds or warehouses on
such property pending their delivery or shipment.
d. "Furtherance of navigation" shall mean the activity on water front
property which involves ship building, ship repairing, boating, dry dock
facilities and similar uses.
8. The term "the port of New York" shall include all the waters of the
North river, the East river and the Harlem river and all the tidal
waters embraced within or adjacent to or opposite to the shores of the
city.
9. The terms "three-fourths vote" and "two-thirds vote" when they
apply to the council shall mean respectively three-fourths and
two-thirds of all the members of the council are entitled to cast.
10. The term "administrative code" shall mean the administrative code
of the city.
11. The term "budget" shall mean the expense budget unless the context
otherwise requires.
12. Except as in this charter otherwise provided, the term "real
property" shall include real estate, lands, tenements and hereditaments,
corporeal or incorporeal.
13. The term "domestic partner" shall mean persons who have a
registered domestic partnership pursuant to section 3-240 of the
administrative code, a domestic partnership registered in accordance
with executive order number 123, dated August 7, 1989, or a domestic
partnership registered in accordance with executive order number 48,
dated January 7, 1993.
Section 1151.
§ 1151. Effect of this charter on existing law. a. All laws and
parts of laws relating to or affecting the city of New York or the
municipalities consolidated therein in force when this charter as
amended shall take effect are hereby repealed and superseded to the
extent that the same are inconsistent with the provisions of this
charter and no further.
b. All other laws and parts of laws shall continue in force until
repealed, amended, modified or superseded.
c. Insofar as the provisions of this charter are the same in terms or
in substance and effect as provisions of law in force when this charter
shall take effect, relating to or affecting the city of New York, the
provisions of this charter are intended to be not a new enactment but a
continuation of such provisions of law, and this charter shall be so
construed and applied.
Section 1152.
§ 1152. Time of taking effect. a. This charter shall take effect on
the first day of January, nineteen hundred sixty-three and thereafter
shall control in respect to all the powers, functions and duties of all
officers, agencies, and employees of the city as provided herein, except
that chapter twelve hereof shall take effect on January first, nineteen
hundred sixty-two.
b. The amendments to the charter approved by the electors on November
fourth, nineteen hundred seventy-five shall take effect on January
first, nineteen hundred seventy-seven, and thereafter shall control as
provided in respect to all the powers, functions and duties of all
offices, agencies, and employees except as further specifically provided
in other sections of this revised charter and except:
(1) that existing community districts and community boards shall
continue in force and effect until the new community districts and
community boards pursuant to chapters sixty-nine and seventy are
established pursuant to this revised charter;
(2) that powers and duties of community boards and borough boards
pursuant to chapters six, eight, nine, fourteen, fifteen, twenty-seven,
sixty-nine and seventy shall be assumed by the existing community boards
and borough boards on July first, nineteen hundred seventy-six and such
boards shall continue to have such powers and duties until new community
boards and borough boards are established within the new community
districts and the boroughs pursuant to chapters sixty-nine and seventy,
which boards shall assume the powers and duties specified in this
charter at such time; and
(3) that the other amended provisions of this charter requiring any
act to be done prior to January first, nineteen hundred seventy-seven
shall take effect immediately upon adoption.
c. The amendments to the charter approved by the electors on November
eighth, nineteen hundred eighty-eight shall take effect immediately, and
thereafter shall control as provided in respect to all the powers,
functions and duties of all offices, agencies, and employees except as
further specifically provided in other sections of this revised charter
and except:
(1) that, with respect to the tax appeals tribunal established in
section one hundred sixty-eight,
(a) the mayor shall appoint the first three commissioners, and shall
designate one of them as president, no later than the first day of July,
nineteen hundred eighty-nine;
(b) the tribunal shall adopt rules of procedure pursuant to section
one hundred sixty-nine no later than the first day of December, nineteen
hundred eighty-nine; and
(c) the tribunal shall begin accepting, hearing and determining
appeals on the first day of January, nineteen hundred ninety;
(2) that the effective date of section one thousand forty-six shall be
the first day of July nineteen hundred ninety, and
(3) that the provisions of the new chapter sixty-eight entitled
conflicts of interests, shall take effect on the first day of January,
nineteen hundred ninety, and the provisions of chapter sixty-eight
heretofore in effect, entitled ethics, shall remain in effect up to and
including the thirty-first day of December of nineteen hundred and
eighty-nine, at which time they shall be repealed, provided, however,
that:
(a) section twenty-six hundred eight of chapter sixty-eight heretofore
in effect shall not be repealed but shall be renumbered as section one
hundred thirty-one and shall continue in effect;
(b) section twenty-six hundred two shall take effect immediately and
subdivisions a, b, c, d, i, j and k of section twenty-six hundred three
of the new chapter sixty-eight shall become effective upon confirmation
of the members nominated by the mayor pursuant to subdivision c of such
section twenty-six hundred two;
(c) section twenty-six hundred of chapter sixty-eight heretofore in
effect, shall only remain in effect until the confirmation of the
members nominated by the mayor pursuant to subdivision c of section
twenty-six hundred two of the new chapter sixty-eight;
(d) the powers vested in the board of ethics by chapter sixty-eight
heretofore in effect shall, upon the expiration of section twenty-six
hundred of such chapter, be transferred, assigned and devolved upon the
conflicts of interest board established by section twenty-six hundred
two of the new chapter sixty-eight of the charter;
(e) the provisions of sections twenty-six hundred four, twenty-six
hundred five, twenty-six hundred six, and twenty-six hundred seven of
chapter sixty-eight heretofore in effect shall govern the conduct of
officers or employees of the city or of any city agency and former
officers or employees of the city or of any city agency engaged in prior
to the effective date of section twenty-six hundred four of the new
chapter sixty-eight;
(f) the provisions of subdivision h of section twenty-six hundred four
of chapter sixty-eight heretofore in effect shall govern the conduct of
former officers or employees of the city or of any city agency who leave
city employ prior to the effective date of subdivision d of section
twenty-six hundred four of the new chapter sixty-eight, engaged in on or
after such date, and shall be enforceable pursuant to subdivisions j, k
and l of such section.
(g) for any officer or employee of the city who is in city employ as
of the thirty-first day of December, nineteen hundred eighty-nine, the
provisions of subdivisions g, h and i of section twenty-six hundred four
of chapter sixty-eight heretofore in effect shall remain in effect up to
and including the thirty-first day of March, nineteen hundred ninety and
shall be enforceable pursuant to subdivisions j, k and l of such
section, and the provisions of paragraphs one, two, four, six and seven
of subdivision d of section twenty-six hundred four of the new chapter
sixty-eight shall become effective on the first day of April, nineteen
hundred ninety, provided, however, that this subparagraph shall not
apply to elected officials, members of the city planning commission,
including the chair, and employees of the department of city planning.
(h) for members of the city planning commission, including the chair,
and employees of the department of city planning, the provisions of
subdivisions g, h and i of section twenty-six hundred four of chapter
sixty-eight heretofore in effect shall remain in effect up to and
including the thirtieth day of June, nineteen hundred ninety and shall
be enforceable pursuant to subdivisions j, k and l of such section, and
the provisions of paragraphs one, two, three, four, six, and seven of
subdivision d of section twenty-six hundred four of the new chapter
sixty-eight shall become effective on the first day of July, nineteen
hundred ninety.
d. The amendments to the charter approved by the electors on November
seventh, nineteen hundred eighty-nine shall take effect on the first day
of January, nineteen hundred ninety, and thereafter shall control as
provided in respect to all the powers, functions and duties of all
officers, agencies and employees, except as further specifically
provided in other sections of this charter and except:
(1) that, except for the new section three hundred eleven which shall
take effect on the first day of January, nineteen hundred ninety, the
amendments of chapter thirteen shall take effect on the first day of
September, nineteen hundred ninety, provided, however, that:
(a) the appointments required to be made by the mayor and the
comptroller to the procurement policy board pursuant to section three
hundred eleven shall be made by the fifteenth day of January, nineteen
hundred ninety;
(b) the procurement policy board, upon its creation, shall be
authorized to exercise the authority granted to it by the remaining
sections of chapter thirteen otherwise not to take effect until the
first day of September, nineteen hundred ninety, to promulgate rules
prior to the effective date of those sections as are necessary to
implement the provisions of the chapter. Such rules required by the
chapter to be promulgated shall be proposed in accordance with the
requirements of subdivision b of section one thousand forty-three of
this charter by the first day of June, nineteen hundred ninety; and
(c) contract solicitations initiated prior to the first day of
September, nineteen hundred ninety which would otherwise require the
approval of the board of estimate that are not submitted to the board of
estimate for approval by such date shall be awarded by the agency in
accordance with the provisions of chapter thirteen otherwise not to take
effect until the first day of September, nineteen hundred ninety and, to
the extent practicable, with the rules of the procurement policy board;
and
(d) all other contract solicitations for which the contract will be
executed on or after the first day of September, nineteen hundred ninety
shall be awarded in accordance with the provisions of chapter thirteen
otherwise not to take effect until the first day of September, nineteen
hundred ninety, and, to the extent practicable, with the rules of the
procurement policy board;
(e) notwithstanding anything to the contrary herein, the proceedings
of any contractor board of responsibility pending as of the thirty-first
day of August, nineteen hundred ninety may be continued after such date
until final determination.
(2) that chapter eleven of the charter shall take effect on the first
day of January, nineteen hundred ninety-six and the provisions of
subdivision b of section two hundred fifty-nine of such chapter shall
apply with respect to the fiscal year beginning on the first day of
July, nineteen hundred ninety-six and that, pursuant to the requirements
of such chapter, the comptroller and the public advocate shall appoint
the independent budget office advisory committee no later than the
fifteenth day of February of nineteen hundred ninety-six; such advisory
committee shall make its recommendations, to the special committee
convened to appoint the director of the independent budget office, no
later than the fifteenth day of June of nineteen hundred ninety-six; and
such special committee shall make its appointment of a director no later
than the first day of August of nineteen hundred ninety-six;
(3) that, effective immediately, no appointment to the civil service
commission shall be made except upon the recommendation of the screening
committee required by section eight hundred twelve of the charter;
(4) that, the provisions of subdivision b of section one hundred and
four of the charter shall not apply to the contract budget submitted by
the mayor for the fiscal year beginning the first day of July, nineteen
hundred ninety nor to the contract budget adopted by the council for
such year;
(5) that, the amendments to sections one hundred ninety-two, one
hundred ninety-six, one hundred ninety-eight and to chapters
twenty-seven and seventy-one, and the provisions of section two hundred
three shall take effect immediately upon certification that the electors
have approved the amendments to the charter, provided, however, that the
amendments to subdivision a of section one hundred ninety-two (other
than the portions thereof requiring appointments of the members of the
city planning commission on or before the first day of March, nineteen
hundred ninety and providing for the length of the terms of the first
appointees to the commission) shall take effect on the first day of
July, nineteen hundred ninety;
(6) that, the amendments to sections one hundred ninety-one, one
hundred ninety-three, one hundred ninety-seven-a, one hundred
ninety-seven-b, one hundred ninety-seven-c, one hundred ninety-nine, two
hundred, two hundred one and two hundred two; the provisions of sections
one hundred ninety-five, one hundred ninety-seven-d and two hundred four
(except for subdivisions (g) and (h) thereof); the amendments to
chapters fourteen, fifteen, twenty-one, twenty-nine, fifty-nine and
sixty-one; and the provisions of chapters forty-eight and seventy-four
shall take effect on the first day of July, nineteen hundred ninety,
provided, however, that:
(a) notwithstanding anything to the contrary herein, the board of
estimate shall continue to review and approve applications pursuant to
sections one hundred ninety-seven-c and two hundred as heretofore in
effect that have been acted upon by the city planning commission on or
before the thirtieth day of June, nineteen hundred ninety;
(b) notwithstanding anything to the contrary herein, subdivisions b,
d, e, f and g of section one hundred ninety-seven-c shall take effect on
the second day of May, nineteen hundred ninety; and the period for
review of applications by the borough presidents provided for in such
subdivision g shall extend until the thirtieth day of June, nineteen
hundred ninety in the case of all applications referred to the borough
presidents in the month of May, nineteen hundred ninety;
(c) notwithstanding anything to the contrary herein, any application
pursuant to sections one hundred ninety-seven-c or two hundred
heretofore in effect that requires borough board review and is acted on
by the affected borough board after the second day of May, nineteen
hundred ninety shall be forwarded to the affected borough president for
review pursuant to subdivision g of section one hundred ninety-seven-c
in accordance with paragraph (b) of this subdivision; and
(d) notwithstanding anything to the contrary herein, the board of
estimate shall continue up to and including the thirty-first day of
August, nineteen hundred ninety, to review designations by the landmarks
preservation commission, pursuant to section 25-303 of the
administrative code, which have been approved by the landmarks
preservation commission on or before the first day of May, nineteen
hundred ninety; and designations by the landmarks preservation
commission made after the first day of May and on or before the
thirtieth day of June, nineteen hundred ninety, shall be subject to
subdivisions eight and nine of section three thousand twenty, provided
that the period for any reviews by the city planning commission and the
council under such subdivisions eight and nine shall commence on the
first day of July, nineteen hundred ninety;
(7) that, subdivisions g and h of section two hundred four shall take
effect on the first day of July, nineteen hundred ninety-one;
(8) that, an elected city official who, as of the first day of January
nineteen hundred ninety, holds both an elected city office and a party
office, shall not be subject to the requirements of paragraph fifteen of
subdivision b of section twenty-six hundred four in regard to such
offices until the earlier of (i) the expiration of the term of the city
office to which such official was elected prior to such date or (ii) the
expiration of the term of the party office to which such official was
elected or appointed prior to such date;
(9) that, notwithstanding the provisions of section twenty-five, the
council members elected at the general election in the year nineteen
hundred eighty-nine shall serve for a term of two years and an
additional election of council members shall be held at the general
election in the year nineteen hundred ninety-one. The council members
elected at such election shall serve for a term of two years.
(10) that, notwithstanding the provisions of paragraph two of
subdivision b, and subdivision c, of section fifty, a districting
commission shall be appointed to prepare a districting plan for the
nineteen hundred ninety-one additional election of council members in
accordance with all of the requirements of chapter two-A except that
such appointments shall be made in accordance with the following
schedule:
(a) between the tenth and twentieth days of January nineteen hundred
ninety, the mayor shall convene the meeting or meetings required by
paragraph two of subdivision b of section fifty;
(b) on or before the fifteenth day of March of nineteen hundred
ninety, each council delegation authorized to make appointments to the
districting commission shall make such appointments, and each
chairperson of a county committee of a political party authorized to
submit nominations to the mayor shall submit such nominations; and
(c) following the actions required by subparagraph (b) of this
paragraph but no later than the fifteenth day of April of nineteen
hundred ninety, the mayor shall make the remaining appointments to the
districting commission.
(d) The commission's term shall end sixty days after the day of the
general election of the council in the year nineteen hundred ninety-one.
(11) that, notwithstanding the provisions of chapter two-A, the
districting commission appointed pursuant to paragraph ten of this
subdivision shall prepare a districting plan for the nineteen hundred
ninety-one additional election of council members in accordance with the
provisions of this paragraph and in accordance with the provisions of
chapter two-A, to the extent that the provisions of such chapter are not
inconsistent with the provisions of this paragraph.
(a) Following its appointment, the districting commission appointed
pursuant to paragraph ten of this subdivision shall meet at least once
each month during nineteen hundred ninety and at least once every two
weeks during nineteen hundred ninety-one until such time as it has
completed its duties pursuant to this paragraph and chapter two-A.
(b) In carrying out its responsibilities under this paragraph and
chapter two-A, the commission shall utilize the final count results of
the nineteen hundred ninety census delivered to the governor no later
than the first day of April, nineteen hundred ninety-one in accordance
with the provisions of section one hundred forty-one of title thirteen
of the United States code.
(c) As soon as practicable, the commission shall (i) establish liaison
with the United States census bureau and relevant New York state
agencies to facilitate the orderly and timely receipt of the results of
the nineteen hundred ninety census in a format that will facilitate the
commission's completion of its responsibilities and (ii) obtain such
equipment, software, services and personnel as are necessary for it to
effectively carry out its responsibilities under this paragraph and
chapter two-A.
(d) On or before the fifteenth day of May, nineteen hundred ninety,
the director of city planning shall present to the commission an
analysis of the demographic changes that have occurred in the city of
New York since the nineteen hundred eighty census, a summary of the
various estimates that have been made of the nineteen hundred ninety
population of the city and various subdivisions of the city, an analysis
of the implications of such forecasts for the establishment of districts
for the nineteen hundred ninety-one council elections, and estimates of
the nineteen hundred ninety population and population characteristics of
existing council, assembly, community and congressional districts, to
the extent such information is available. The director of city planning
shall periodically thereafter provide the commission with any revisions
of such information and any such additional information that will be of
assistance to the commission in carrying out its responsibilities under
chapter two-A. The director of city planning shall, to the maximum
extent practicable, provide the commission with such technical
assistance as it may require to carry out its responsibilities.
(e) On or before the fifteenth day of June of nineteen hundred ninety,
the director of city planning and the corporation counsel shall provide
the commission with all information, available to them, regarding the
status of the nineteen hundred ninety census and the schedule for the
release of the results of such census, as will assist the commission in
developing the work plan and schedule required by this paragraph.
(f) On or before the fifteenth day of June, nineteen hundred ninety,
the director of city planning and the commissioner of computer and data
communications services shall provide the commission with as complete a
listing as possible of the computer software products available for the
utilization of census data in the establishment of districts and the
analysis of the demographic characteristics of such districts; a
comparative evaluation of the strengths, weaknesses, costs and benefits
of the various products available including information as to the
quantity and type of staff necessary to utilize the various products; an
identification and description of the relevant professional services
available from public and private entities; including information
regarding the rates at which such services are likely to be available;
and a description of the assistance which the department of city
planning and the computer and data communications services agency can
provide to the commission.
(g) On or before the fifteenth day of September, nineteen hundred
ninety, the commission shall adopt a work plan and time schedule for the
establishment of council districts for the nineteen hundred ninety-one
elections in accordance with the provisions of this paragraph and
chapter two-A.
(h) Between the first day of October and the tenth day of December,
nineteen hundred ninety, the commission shall hold at least one public
hearing in each borough to obtain (i) information regarding demographic
trends and conditions and suggestions regarding the factors that
interested parties believe the commission should consider and the
procedures that it should utilize in the establishment of council
districts for the nineteen hundred ninety-one elections.
(i) On or before the first day of February, nineteen hundred
ninety-one, the commission shall produce, and make available for public
inspection, prototype fifty-one district plans for the purpose of
testing and demonstrating the analytical and technical capabilities
necessary to meet the deadlines set forth in subparagraph j of this
paragraph.
(j) Notwithstanding the provisions of section fifty-one, the
commission shall complete the following steps in accordance with the
following schedule:
(i) on or before the first day of May, nineteen hundred ninety-one,
the commission shall make its plan available to the public and the
council for review and comment; and on or before the tenth day of such
month the commission shall hold one or more public hearings on such
plan;
(ii) on or before the twentieth day of May, nineteen hundred
ninety-one, the commission, after consideration of all comments received
from the public and the council by the fourteenth day of May of such
year, shall make a revised plan and supporting data available for public
inspection and shall give public notice that comments on such revised
plan may be submitted through the twenty-seventh day of May, nineteen
hundred ninety-one; and on or before such latter date, the commission
shall hold one or more public hearings on such plan; and
(iii) on or before the seventh day of June, nineteen hundred
ninety-one, the commission shall adopt its final plan in accordance with
subdivision g of section fifty-one.
(k) After the commission files its final plan with the city clerk
pursuant to clause (iii) of subparagraph (j) of paragraph (10) of
subdivision (d) of this section, the commission shall make such
adjustments in its plan as may be required by court order or upon a
determination of the United States Department of Justice.
(12) that the amendments to chapter forty-six shall take effect
immediately;
(13) that the provisions of subdivision a of section twenty eight
hundred shall take effect immediately and:
(a) that for the purpose of appointing members of community boards for
terms commencing on the first day of April, nineteen hundred ninety and
on the first day of April, nineteen hundred ninety-one pursuant to such
subdivision, the city planning commission shall, by the first day of
January, nineteen hundred ninety, determine the proportion of the
community district's population represented by each council member on
the basis of data available as of such date and file the determination
with the appropriate borough president, community board and council
member; and
(b) that the terms of community board members which would expire on
the thirty-first day of December, nineteen hundred eighty nine, pursuant
to the charter heretofore in effect, shall expire on the thirty-first
day of March, nineteen hundred ninety and that the terms of community
board members which would expire on the thirty-first day of December,
nineteen hundred ninety, pursuant to the charter heretofore in effect,
shall expire on the thirty-first day of March, nineteen hundred
ninety-one.
(14) that the repeal of sections sixty-one through sixty-six of
chapter three, the amendment of subdivision nine of section eleven
hundred fifty and the amendments to subdivisions one and sixteen of
section thirty-eight, as renumbered by these amendments, deleting
references to the Board of Estimate shall take effect on the first day
of September of nineteen hundred ninety.
(15) that, subdivisions a, b, and c and the first sentence of
subdivision d of section one hundred ninety-five shall take effect upon
the first to occur of (a) November 1, 1990 or (b) the effective date of
the criteria for the location of city facilities promulgated pursuant to
section two hundred three. Any agency proposing an acquisition pursuant
to section one hundred ninety-five prior thereto shall, upon receiving
approval of such acquisition from the commissioner of general services,
file a notice of intent to acquire with the Council, which may consider
and act upon the acquisition pursuant to the last sentence of
subdivision d of such section.
(16) that the provisions of paragraph a of subdivision three of
section sixteen hundred two requiring the commissioner of general
services to consider the criteria for location of city facilities prior
to submitting an application pursuant to section one hundred
ninety-seven-c for an acquisition or disposition of property shall take
effect upon the effective date of such criteria pursuant to section two
hundred three.
e. On and after the first day of September of nineteen hundred ninety
the powers and responsibilities of the board of estimate, set forth in
any state or local law, that are not otherwise devolved by the terms of
such law, upon another body, agency or officer shall devolve upon the
body, agency or officer of the city charged with comparable and related
powers and responsibilities under this charter, consistent with the
purposes and intent of this charter, provided specifically that the
council shall succeed to the powers and responsibilities exercised by
the board of estimate pursuant to article sixteen of the general
municipal law.
f. Officers and employees of the city may take any actions as are
necessary and appropriate to prepare for the implementation of the
provisions of amendments to the charter approved by the electors on
November seventh, nineteen hundred eighty-nine prior to such effective
dates as are prescribed by subdivision d of this section.
g. The amendments to the charter approved by the electors on November
third, nineteen hundred ninety-eight shall take effect on the first day
of January, nineteen hundred ninety-nine, and thereafter shall control
as provided in respect to all the powers, functions and duties of all
officers, agencies and employees, except as further specifically
provided in other sections of this charter.
h. (1) (a) The amendments to the charter, amending section six hundred
three and adding a new chapter twenty-four-B, approved by the electors
on November sixth, two thousand one, shall take effect immediately, or
as soon thereafter as a transfer of agency functions may be effectuated,
and thereafter shall control as provided in respect to all the powers,
functions and duties of all officers, agencies and employees, except as
further specifically provided in other sections of this charter.
(b) Officers and employees of the city shall take any actions as are
necessary and appropriate to prepare for the implementation of the
provisions of the amendments to the charter, approved by the electors on
November sixth, two thousand one, prior to the effective dates
prescribed in subparagraph a of this section.
(2) The amendments to the charter, adding new chapters eighteen-C and
eighteen-D, and a new section five hundred twenty-six-a, approved by the
electors on November sixth, two thousand one, shall take effect
immediately upon certification that the electors have approved the
amendments to the charter, and thereafter shall control as provided in
respect to all the powers, functions and duties of all officers,
agencies and employees, except as further specifically provided in other
sections of this charter.
(3) The amendments to the charter, adding a new subdivision g to
section eight, a new section eighteen, and a new chapter forty, approved
by the electors on November sixth, two thousand one, shall take effect
immediately, and thereafter shall control as provided in respect to all
the powers, functions and duties of all officers, agencies and
employees, except as further specifically provided in other sections of
this charter.
(4) (a) The amendments to the charter, amending section fifteen and
chapter twenty-two, repealing chapter twenty-three, renumbering section
one thousand fifty-eight, amending renumbered section one thousand
fifty-seven-a and sections fourteen hundred three, fourteen hundred
four, and twenty-nine hundred three, approved by the electors on
November sixth, two thousand one, shall take effect immediately, or as
soon thereafter as a transfer of agency functions may be effectuated,
and thereafter shall control as provided in respect to all the powers,
functions and duties of all officers, agencies and employees, except as
further specifically provided in other sections of this charter, except
that the amendments to the charter, amending section five hundred
fifty-three of such chapter twenty-two, shall take effect June 1, 2002
or the date upon which the ten members of the reconstituted and expanded
board other than the chairperson have been duly appointed and qualified,
whichever is earlier, provided, however, that of the first nine members
of the board of health appointed on or after the effective date of these
amendments, three members shall serve for two years, three members shall
serve for four years, and the remainder shall serve for six years,
provided further, however, that the term of any member of the board of
health serving on the date of the approval of these amendments shall be
deemed expired on such effective date.
(b) Officers and employees of the city shall take any actions as are
necessary and appropriate to prepare for the implementation of the
provisions of the amendments to the charter, approved by the electors on
November sixth, two thousand one, prior to the effective dates
prescribed in subparagraph a of this section.
(5) (a) The amendments to the charter, adding new chapters nineteen-A
and sixty-three, and new sections nineteen, three hundred thirty-five,
and three hundred ninety-eight, approved by the electors on November
sixth, two thousand one, shall take effect immediately, or as soon
thereafter as a transfer of agency functions may be effectuated, and
thereafter shall control as provided in respect to all the powers,
functions and duties of all officers, agencies and employees, except as
further specifically provided in other sections of this charter.
(b) Officers and employees of the city shall take any actions as are
necessary and appropriate to prepare for the implementation of the
provisions of the amendments to the charter, approved by the electors on
November sixth, two thousand one, prior to the effective dates
prescribed in subparagraph a of this section.
i. (1) The amendments to the charter, amending sections ten,
twenty-four, and forty-four, approved by the electors on November fifth,
two thousand two, shall take effect immediately, provided that any
vacancy that occurs in the office of the mayor on or after September
twentieth, two thousand two, and before the effective date of the
amendments referenced in this subdivision, shall be governed by such
amendments, and any such vacancy shall be deemed to have ocurred on such
effective date.
(2) Notwithstanding the provisions of section 1153, in the event that
the amendment set forth in paragraph 10 of the new subdivision c of
section 10 is finally adjudicated to be invalid or otherwise cannot be
implemented, all of the amendments referenced in this subdivision shall
be without any further force and effect and, at such time, sections ten,
twenty-four, and forty-four as they existed immediately prior to the
effective date of such amendments shall be reinstated and shall be
deemed to have always remained in full force and effect and unamended by
such amendments.
j. (1) The amendments to the charter, adding a new section thirteen-a
and amending subdivision two of section one thousand forty-nine,
approved by the electors on November eighth, two thousand five, shall
take effect immediately, and thereafter shall control as provided with
respect to all the powers, functions and duties of officers, agencies
and employees, except as further specifically provided in other sections
of this charter.
(2) The amendments to the charter, repealing and reenacting section
two hundred fifty-eight and amending sections ninety-five, one hundred
one, two hundred thirteen, two hundred thirty-three and two hundred
sixty-six and subdivision six of section two hundred fifty, approved by
the electors on November eighth, two thousand five, shall take effect
immediately, and thereafter shall control as provided with respect to
all the powers, functions and duties of officers, agencies and
employees, except as further specifically provided in other sections of
this charter.
(k)(1) The amendments to the charter, amending sections eleven hundred
thirty-seven and eleven hundred thirty-eight, approved by the electors
on November second, two thousand ten, shall take effect immediately, and
hereafter shall control as provided with respect to all the powers,
functions and duties of officers, agencies and employees; provided,
however, that, notwithstanding any inconsistent provision of the
charter, persons holding the offices of mayor, public advocate,
comptroller, borough president or council member on the date such
amendments take effect shall be subject, with respect to eligibility to
be elected to or serve in the offices so held, to the provisions of
section eleven hundred thirty-eight that were in effect immediately
prior to the approval of such amendments, and to the provisions of
subdivision b of such section as added by such amendments until one full
term or more has elapsed since having last held such offices, after
which such persons shall be fully subject to the provisions of section
eleven hundred thirty-eight, as amended by such amendments, in its
entirety.
(2)(a)(i) The amendments to the charter, amending subdivision d of
section two hundred four, subdivision e of section one thousand
forty-six, section one thousand forty-eight, subdivision one of section
one thousand forty-nine, subdivision a of section one thousand
forty-nine-a, paragraph one of subdivision a of section one thousand
fifty-two, paragraph two of subdivision b of section twenty-six hundred
three, and subdivision b of section twenty-six hundred six, and adding a
new paragraph fifteen of subdivision a of section one thousand
fifty-two, a new section one thousand fifty-seven-b, a new subdivision
(g) of section twenty-two hundred three, and a new subdivision b-one of
section twenty-six hundred six, approved by the electors on November
second, two thousand ten, shall take effect immediately, and thereafter
shall control as provided with respect to all the powers, functions and
duties of officers, agencies and employees, except as further
specifically provided in other sections of this charter, and, with
respect to section one thousand fifty-seven-b, shall apply to elections
for the offices specified in such section held after such date;
provided, however, that the amendments to the charter, amending sections
one thousand fifty-six, one thousand fifty-seven and subdivision one of
section one thousand fifty-seven-a, repealing and reenacting section one
thousand fifty-four, repealing section one thousand fifty-five, and
adding a new subdivision e of section one thousand fifty-two and a new
section eleven hundred thirteen, approved by the electors on November
second, two thousand ten, shall take effect on the first day of January,
two thousand eleven, and thereafter shall control as provided with
respect to all the powers, functions and duties of officers, agencies
and employees, except as further specifically provided in other sections
of this charter.
(ii) Officers and employees of the city shall take any actions as are
necessary and appropriate to prepare for the implementation of such
amendment prior to the effective date prescribed in this subparagraph.
(b) Severability. If any clause, sentence, subparagraph, paragraph,
subdivision, section or part of the amendments described in subparagraph
(a) of this paragraph shall be adjudged by any court of competent
jurisdiction to be invalid or otherwise cannot be implemented pursuant
to law, such judgment or inability to implement shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, subparagraph, paragraph, subdivision,
section or part thereof directly involved in the controversy in which
such judgment shall have been rendered or in the matter with respect to
which implementation may not occur.
Section 1153.
§ 1153. Separability clause. If any provision of this charter or of
any amendments thereto shall be held invalid or ineffective in whole or
in part or inapplicable to any person or situation, it is the purpose
and intent of this charter that all other provisions thereof shall
nevertheless be separately and fully effective and that the application
of any such provision to other persons or situations shall not be
affected.
Section 1154.
§ 1154. Short title. This charter shall be known and may be cited as
"The New York city charter."
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