Section 2800.
§ 2800. Community boards. a. For each community district created
pursuant to chapter sixty-nine there shall be a community board which
shall consist of (1) not more than fifty persons appointed by the
borough president for staggered terms of two years, at least one-half of
whom shall be appointed from nominees of the council members elected
from council districts which include any part of the community district,
and (2) all such council members as non-voting members. The number of
members appointed on the nomination of each such council member shall be
proportional to the share of the district population represented by such
council member. The city planning commission, after each council
redistricting pursuant to chapter two-A, and after each community
redistricting pursuant to section twenty-seven hundred two, shall
determine the proportion of the community district's population
represented by each council member. Copies of such determinations shall
be filed with the appropriate borough president, community board, and
council member. One-half of the members appointed to any community board
shall serve for a term of two years beginning on the first day of April
in each odd-numbered year in which they take office and one half of the
members appointed to any community board shall serve for a term of two
years beginning on the first day of April in each even-numbered year in
which they take office. Members shall serve until their successors are
appointed but no member may serve for more than sixty days after the
expiration of his or her original term unless reappointed by the borough
president. Not more than twenty-five percent of the appointed members
shall be city employees. No person shall be appointed to or remain as a
member of the board who does not have a residence, business,
professional or other significant interest in the district. The borough
president shall assure adequate representation from the different
geographic sections and neighborhoods within the community district. In
making such appointments, the borough president shall consider whether
the aggregate of appointments fairly represents all segments of the
community. Community boards, civic groups and other community groups and
neighborhood associations may submit nominations to the borough
president and to council members.
b. An appointed member may be removed from a community board for
cause, which shall include substantial nonattendance at board or
committee meetings over a period of six months, by the borough president
or by a majority vote of the community board. Vacancies among the
appointed members shall be filled promptly upon the occurrence of the
vacancy by the borough president for the remainder of the unexpired term
in the same manner as regular appointments.
c. Members of community boards shall serve as such without
compensation but shall be reimbursed for actual and necessary
out-of-pocket expenses in connection with attendance at regularly
scheduled meetings of the community board.
d. Each community board shall:
(1) Consider the needs of the district which it serves;
(2) Cooperate with, consult, assist and advise any public officer,
agency, local administrators of agencies, legislative body, or the
borough president with respect to any matter relating to the welfare of
the district and its residents;
(3) At its discretion hold public or private hearings or
investigations with respect to any matter relating to the welfare of the
district and its residents, but the board shall take action only at a
meeting open to the public;
(4) Assist city departments and agencies in communicating with and
transmitting information to the people of the district;
(5) Cooperate with the boards of other districts with respect to
matters of common concern;
(6) Render an annual report to the mayor, the council and the borough
board within three months of the end of each year and such other reports
to the mayor or the borough board as they shall require (such reports or
summaries thereof to be published in the City Record);
(7) Elect its own officers; adopt, and make available for reasonable
public inspection, by-laws and statements of the duties assigned by the
board to its district manager and other professional staff appointed
pursuant to subdivision f of this section; and keep a public record of
its activities and transactions, including minutes of its meetings,
majority and minority reports, and all documents the board is required
by law to review, which shall be made available, in accordance with law,
to elected officials upon request and for reasonable public inspection;
(8) Request the attendance of agency representatives at meetings of
the community board;
(9) Prepare comprehensive and special purpose plans for the growth,
improvement and development of the community district;
(10) Prepare and submit to the mayor, on or before a date established
by the mayor, an annual statement of community district needs, including
a brief description of the district, the board's assessment of its
current and probable future needs, and its recommendations for programs,
projects, or activities to meet those needs;
(11) Consult with agencies on the capital needs of the district,
review departmental estimates, hold public hearings on such needs and
estimates and prepare and submit to the mayor capital budget priorities
for the next fiscal year and the three succeeding fiscal years;
(12) Conduct public hearings and submit recommendations and priorities
to the mayor, the council and the city planning commission on the
allocation and use within the district of funds earmarked for community
development activities under city, state or federal programs;
(13) Consult with agencies on the program needs of the community
district to be funded from the expense budget, review departmental
estimates, hold public hearings on such needs and estimates, and prepare
and submit to the mayor expense budget priorities for the next fiscal
year;
(14) Assist in the planning of individual capital projects funded in
the capital budget to be located in the community district and review
scopes of projects and designs for each capital project provided,
however, that such review shall be completed within thirty days after
receipt of such scopes or designs;
(15) Evaluate the progress of capital projects within the community
district based on status reports to be furnished to the board;
(16) Be authorized to assign a representative to attend any meeting
held by a city agency to determine, in advance of drafting, the form and
content of any environmental impact statement required by law for a
proposal or application for a project in such board's district;
(17) Exercise the initial review of applications and proposals of
public agencies and private entities for the use, development or
improvement of land located in the community district, including the
conduct of a public hearing and the preparation and submission to the
city planning commission of a written recommendation;
(18) Assist agencies in the preparation of service statements of
agency objectives, priorities, programs and projected activities within
the community district and review such statements;
(19) Evaluate the quality and quantity of services provided by
agencies within the community district;
(20) Within budgetary appropriations for such purposes, disseminate
information about city services and programs, process complaints,
requests, and inquiries of residents of the community district; and
(21) Conduct substantial public outreach, including identifying the
organizations active in the community district, maintaining a list of
the names and mailing addresses of such community organizations, and
making such names and, with the consent of the organization, mailing
addresses available to the public upon request.
e. Each agency shall furnish promptly to each community board on
request any information or assistance necessary for the board's work.
Each agency shall also report periodically to each board on its service
activities programs and operations within the community district.
f. Each community board, within the budgetary appropriations therefor,
shall appoint a district manager and shall be authorized to utilize the
services of such other professional staff and consultants, including
planners and other experts, as it may deem appropriate, all of whom
shall serve at the pleasure of the community board and shall provide the
board with the staff support and technical assistance it requires to
fulfill the duties assigned to it by this charter or other law. The
district manager shall (1) have responsibility for processing service
complaints, (2) preside at meetings of the district service cabinet and
(3) perform such other duties as are assigned by the community board in
accordance with the statement of duties required by paragraph seven of
subdivision d of this section. One of the board members shall be elected
by the other members to serve as chairperson. The chairperson shall use
no title other than chair or chairperson of the community board and the
other members shall use no title other than member of the community
board or community board member, except that any member who is elected
or appointed to an official position on the board, including but not
limited to, vice-chairperson, secretary, treasurer, or chair of a
committee or subcommittee of the board shall be allowed to use such
title when acting in such capacity. The department of investigation
shall investigate any allegations concerning the misuse of a community
board title and shall report its findings to the mayor, the council and
the borough president in whose borough the community board is located.
The knowing and intentional use of an improper title by any member of a
community board shall be punishable by a civil penalty of not less than
one hundred dollars nor more than two hundred and fifty dollars for
every infraction thereof. The chairperson of the community board or his
or her representative shall be a member of the district service cabinet.
A member of a community board shall be eligible for appointment to the
position of district manager provided that such member does not
participate in any manner in the selection of the district manager by
the board and resigns as a member of any board prior to or upon assuming
the duties of district manager.
g. Each community board may employ such other assistants as it may
require within budgeted appropriations for such purposes or funds
contributed for such purpose. Any funds appropriated by the city to
enable the community boards to conduct their duties and responsibilities
pursuant to this chapter shall be allocated directly to each board
subject to the terms and conditions of such appropriations. The basic
budget appropriation for the personal service and other than personal
service needs of each community board shall not include rent. Within
reasonable limits appropriate to each board's location, rent shall be
separately appropriated for the board.
h. Except during the months of July and August, each community board
shall meet at least once each month within the community district and
conduct at least one public hearing each month. Notwithstanding the
foregoing, a community board shall be required to meet for purposes of
reviewing the scope or design of a capital project located within such
community board's district when such scope or design is presented to the
community board. Such review shall be completed within thirty days after
receipt of such scope or design. Each board shall give adequate public
notice of its meetings and hearings and shall make such meetings and
hearings available for broadcasting and cablecasting. At each public
meeting, the board shall set aside time to hear from the public. The
borough president shall provide each board with a meeting place if
requested by the board.
i. Each community board may create committees on matters relating to
its duties and responsibilities. It may include on such committees
persons with a residence or significant interest in the community who
are not members of the board, but each such committee shall have a
member of the board as its chairperson. Except as otherwise provided by
law, meetings of such committees shall be open to the public.
Section 2801.
§ 2801. Actions of community boards. a. A majority of the appointed
members of any community board shall constitute a quorum of such board.
b. Whenever any act is authorized to be done or any determination or
decision made by any community board, the act, determination or decision
of the majority of the members present entitled to vote during the
presence of a quorum, shall be held to be the act, determination or
decision of such board.
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.