Section 4. Election; term; salary.
The mayor shall be elected at the general election in the year nineteen hundred sixty-five and every fourth year thereafter. The mayor shall hold office for a term of four years commencing on the first day of January after each such election. A mayor who resigns or is removed from office prior to the completion of a full term shall be deemed to have held that office for a full term for purposes of section 1138 of the charter. The salary of the mayor shall be two hundred fifty-eight thousand seven hundred fifty dollars a year.
Section 5. Annual statement to council.
The mayor shall communicate to the council at least once in each year a statement of the finances, government and affairs of the city with a summary statement of the activities of the agencies of the city. Such statement shall include a summary of the city’s progress in implementing the goals and strategies contained in the most recent final strategic policy statement submitted by that mayor pursuant to section seventeen.
Section 6. Heads of departments; appoint; remove.
Section 7. Deputy mayors.
The mayor shall appoint one or more deputy mayors with such duties and responsibilities as the mayor determines.
Section 8. General powers.
The mayor, subject to this charter, shall exercise all the powers vested in the city, except as otherwise provided by law.
1. promulgate, after receiving the recommendations of the committee established pursuant to section 23-1204 of the administrative code, policies, and protocols regarding the collection, retention, and disclosure of identifying information by agencies, contractors, and subcontractors, provided that particular policies and protocols may apply to all agencies, contractors, and subcontractors or to a subset thereof;
2. provide guidance and information to the city and every agency thereof on federal, state, and local laws, policies, and protocols related to the collection, retention, and disclosure of identifying information and direct agencies to make any changes necessary to achieve or maintain such compliance;
3. review, in collaboration with the committee established pursuant to section 23-1204 of the administrative code, agency identifying information reports submitted pursuant to section 23-1205 of the administrative code;
4. specify types of information, in addition to identifying information as defined in section 23-1201 of the administrative code, that shall be subject to protection by agencies, as required by such officer, based on the nature of such information and the circumstances of its collection or potential disclosure.
Section 9. Removal of mayor.
The mayor may be removed from office by the governor upon charges and after service upon him of a copy of the charges and an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend the mayor for a period not exceeding thirty days.
Section 10. Succession.
2. If a vacancy occurs during the first three years of the term, a general election to fill the vacancy for the remainder of the unexpired term shall be held in the year in which the vacancy occurs, unless the vacancy occurs after the last day on which an occurring vacancy may be filled at the general election in that same year with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law. If such a vacancy occurs in any year after such last day, it shall be filled for the remainder of the unexpired term at the general election in the following year provided, however, that no general election to fill a vacancy shall be held in the last year of the term, except as provided in paragraph nine of this subdivision. Party nominations of candidates for a general election to fill a vacancy for the remainder of the unexpired term shall be made at a primary election, except as provided in paragraph five of this subdivision.
3. If a special or general election to fill the vacancy on an interim basis has not been previously held pursuant to paragraphs four, six, seven and eight of this subdivision, the person elected to fill the vacancy for the remainder of the unexpired term at a general election shall take office immediately upon qualification and shall serve until the term expires. If a special or general election to fill the vacancy on an interim basis has been previously held, the person elected to fill the vacancy for the remainder of the unexpired term at a general election shall take office on January first of the year following such general election and shall serve until the term expires.
4. If a vacancy occurs during the first three years of the term and on or before the last day in the third year of the term on which an occurring vacancy may be filled for the remainder of the unexpired term at a general election with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law, a special or general election to fill the vacancy on an interim basis shall be held, unless the vacancy occurs less than ninety days before the next primary election at which party nominations for a general election to fill the vacancy may be made and on or before the last day on which an occurring vacancy may be filled for the remainder of the unexpired term at the general election in the same year in which the vacancy occurs with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law.
5. If a vacancy occurs after the last day in the third year of the term on which an occurring vacancy may be filled for the remainder of the unexpired term at a general election in each year with party nominations of candidates for such election are being made at a primary election, as provided in section 6-116 of the election law, but not less than ninety days before the date of the primary election in the fourth year of such term, a special or general election to fill such vacancy for the remainder of the unexpired term shall be held.
6. Elections held pursuant to paragraph four or five of this subdivision shall be scheduled in the following manner: A special election to fill the vacancy shall be held on the first Tuesday at least eighty days after the occurrence of the vacancy, provided that the person acting as mayor, in the proclamation required by paragraph one of this subdivision, may schedule such election for another day not more than ten days after such Tuesday and not less than sixty days after such proclamation if the person acting as mayor determines that such rescheduling is necessary to facilitate maximum voter participation; except that
(a) if the vacancy occurs before August seventeenth in any year and the first Tuesday at least eighty days after the occurrence of the vacancy is less than ninety days before a regularly scheduled general election, the vacancy shall be filled at such general election;
(b) if the vacancy occurs before August seventeenth in any year and the first Tuesday at least eighty days after the occurrence of the vacancy is after a regularly scheduled general election, the vacancy shall be filled at such general election; and
(c) if the vacancy occurs on or after August seventeenth in any year and the first Tuesday at least eighty days after the occurrence of the vacancy is after, but less than thirty days after, a regularly scheduled general election, the vacancy shall be filled at a special election to be held on the first Tuesday in December in such year.
7. All nominations for elections to fill vacancies held pursuant to paragraphs four and five of this subdivision shall be by independent nominating petition. A signature on an independent nominating petition made earlier than the date of the proclamation required by paragraph one of this subdivision shall not be counted.
8. A person elected to fill a vacancy in the office of the mayor at an election held pursuant to paragraph four of this subdivision shall take office immediately upon qualification and serve until December thirty-first of the year in which the vacancy is filled for the remainder of the unexpired term pursuant to paragraph two of this subdivision. A person elected to fill a vacancy in the office of the mayor at an election held pursuant to paragraph five of this subdivision shall take office immediately upon qualification and serve until the term expires.
9. If a vacancy occurs less than ninety days before the date of the primary election in the last year of the term, the person elected at the general election in such year for the next succeeding term shall take office immediately upon qualification and fill the vacancy for the remainder of the unexpired term.
10. If an election is held pursuant to this subdivision for which nominations were made by independent nominating petitions, and if such election has not utilized ranked choice voting as provided in section 1057-g, and if at such election, no candidate receives forty percent or more of the vote, the two candidates receiving the most votes shall advance to a runoff election which shall be held on the second Tuesday next succeeding the date on which such election was held.
1. Voluntary declaration of temporary inability. Whenever the mayor transmits to the official next in line of succession and to the city clerk, a written declaration that he or she is temporarily unable to discharge the powers and duties of the office of mayor, such powers and duties shall devolve upon the official next in line of succession, subject to the provisions of subdivision a of this section. Thereafter if the mayor transmits to the acting mayor and to the city clerk a written declaration that he or she is able to resume the discharge of the powers and duties of the office of mayor, the mayor shall resume the discharge of such powers and duties immediately upon the receipt of such declaration by the city clerk.
2. Inability committee.
(a) There shall be a committee on mayoral inability consisting of: the corporation counsel, the comptroller, the speaker of the council, a deputy mayor who shall be designated by the mayor, and the borough president with the longest consecutive service as borough president. If two or more borough presidents have served for an equal length of time, one of such borough presidents shall be selected by lot to be a member of such committee. If at any time there is no valid mayoral designation in force, the deputy mayor with the longest consecutive service as a deputy mayor shall be a member of such committee. The authority to act as a member of such committee shall not be delegable.
(b) Such committee by affirmative declaration of no fewer than four of its members shall have the power to make the declarations described in paragraphs four and five of this subdivision. No such declaration shall be effective unless signed by all the members making it.
3. Panel on mayoral inability.
(a) There shall be a panel on mayoral inability. Unless otherwise provided by state law, such panel shall consist of all the members of the council.
(b) The panel shall have the power to make the determinations described in paragraphs four and five of this subdivision.
4. Temporary inability.
(a) Whenever the committee on mayoral inability personally serves or causes to be personally served upon the mayor and transmits to the official next in line of succession, the members of the panel on mayoral inability and the city clerk, its written declaration that the mayor is temporarily unable to discharge the powers and duties of the office of mayor, together with a statement of its reasons for such declaration, such declaration shall constitute a determination of temporary inability unless the mayor, within forty-eight hours after receipt of such declaration, transmits to the official next in line of succession, the members of the committee on mayoral inability, the members of the panel on mayoral inability and the city clerk, a written declaration that he or she is able to discharge the powers and duties of the office of mayor, together with responses to the statement by the committee on mayoral inability of its reasons for its declaration.
(b) If personal service of the committee’s declaration upon the mayor cannot be accomplished, or if such service has been accomplished but the mayor has not transmitted a declaration that he or she is able to discharge the powers and duties of the office of mayor within forty-eight hours after receipt of such declaration, such powers and duties shall devolve upon the official next in line of succession, subject to the provisions of subdivision a of this section, unless and until the mayor resumes the authority to discharge such powers pursuant to the provisions of subparagraphs (e) or (f) of this paragraph.
(c) If within such forty-eight hours, the mayor transmits a declaration that he or she is able to discharge the powers and duties of the office of mayor, such powers and duties shall not devolve upon the official next in line of succession and the mayor shall continue to discharge the powers and duties of the office of mayor, unless and until the panel on mayoral inability, within twenty-one days after its receipt of the mayor’s declaration, determines by two-thirds vote of all its members that the mayor is temporarily unable to discharge the powers and duties of the office of mayor. If the panel determines that the mayor is unable to discharge the powers and duties of the office of mayor, such powers and duties shall devolve upon the official next in line of succession, subject to the provisions of subdivision a of this section, unless and until the mayor resumes the authority to discharge such powers and duties pursuant to the provisions of subparagraphs (e) or (f) of this paragraph.
(d) If, at any time prior to a final determination by the panel pursuant to subparagraph (c) of this paragraph the mayor transmits a voluntary declaration of temporary inability pursuant to the provisions of paragraph one of this subdivision, to the official next in line of succession, the members of the committee on mayoral inability, the members of the panel on mayoral inability, and the city clerk, then the procedures set forth in paragraph one of this subdivision shall be followed.
(e) If a determination of temporary inability has been made pursuant to the provisions of subparagraphs (a) or (c) of this paragraph, and if thereafter, the mayor transmits to the acting mayor, the members of the committee on mayoral inability, the members of the panel on mayoral inability and the city clerk, a written declaration that he or she is able to resume the discharge of the powers and duties of the office of mayor, then the mayor shall resume the discharge of such powers and duties four days after the receipt of such declaration by the city clerk, unless the committee on mayoral inability, within such four days, personally serves or causes to be personally served upon the mayor and transmits to the acting mayor, the members of the panel on mayoral inability and the city clerk, its written declaration that the mayor remains unable to discharge the powers and duties of the office of mayor.
(f) If the committee transmits a declaration that the mayor remains unable to discharge the powers and duties of the office of mayor, the mayor shall not resume the discharge of the powers and duties of the office of mayor unless and until the panel on mayoral inability, within twenty-one days of its receipt of such declaration, determines by two-thirds vote of all its members that the inability has in fact ceased. Upon such a determination by the panel, or after the expiration of twenty-one days, if the panel has not acted, the mayor shall resume the discharge of the powers and duties of the office of mayor.
5. Permanent inability.
(a) Whenever the committee on mayoral inability personally serves or causes to be personally served upon the mayor and transmits to the official next in line of succession, the members of the panel on mayoral inability and the city clerk, its declaration that the mayor is permanently unable to discharge the powers and duties of the office of mayor, together with its reasons for such declaration, the panel on mayoral inability shall, within twenty-one days after its receipt of such declaration, determine whether or not the mayor is permanently unable to discharge the powers and duties of the office of mayor.
(b) If the panel determines by two-thirds vote of all its members that the mayor is permanently unable to discharge the powers and duties of the office of mayor, such powers and duties shall devolve upon the official next in line of succession as acting mayor pursuant to subdivision b of this section, and the office of mayor shall be deemed vacant.
6. Continuation of salary; disability allowance.
(a) During the time that any official is acting as mayor pursuant to a determination of temporary inability, the mayor shall continue to be paid the salary of the office of mayor, and the acting mayor shall continue to be paid the salary of the office to which such person was elected.
(b) Any mayor who has been determined to be permanently unable to discharge the powers and duties of the office of mayor pursuant to paragraph five of this subdivision shall continue to receive from the city, a sum which together with the mayor’s disability benefits and retirement allowance, if any, computed without optional modification, shall equal the annual salary which such mayor was receiving at the time of the determination of permanent inability. Such disability allowance shall begin to accrue on the date of the determination of permanent inability and shall be payable on the first day of each month until the expiration of the term for which such mayor had been elected or such mayor’s death, whichever shall occur first. Such mayor shall apply for any retirement allowance or disability benefits to which he or she may be entitled and the disability allowance provided for in this section shall not reduce or suspend such retirement allowance or disability benefits, notwithstanding any other provision of law.
Section 11. Reorganization of agencies under jurisdiction of mayor.
Section 12. Mayor’s management report.
(1) a statement of actual performance for the first four months of the current fiscal year relative to the program performance goals and measures established for such year;
(2) proposed program performance goals and measures for the next fiscal year reflecting budgetary decisions made as of the date of submission of the preliminary budget;
(3) an explanation in narrative and/or tabular form of significant changes in the program performance goals and measures from the adopted budget condition to the current budget as modified and from said modified budget to the preliminary budget statements; and
(4) an appendix indicating the relationship between the program performance goals and measures included in the management report pursuant to paragraph two of this subdivision and the corresponding appropriations contained in the preliminary budget.
(1) program performance goals for the current fiscal year and a statement and explanation of performance measures;
(2) a statement of actual performance for the entire previous fiscal year relative to program performance goals;
(3) a statement of the status of the agency’s internal control environment and systems, including a summary of any actions taken during the previous fiscal year, and any actions being taken during the current fiscal year to strengthen the agency’s internal control environment and system;
(4) a summary of rulemaking actions undertaken by the agency during the past fiscal year including
(a) the number of rulemaking actions taken,
(b) the number of such actions which were not noticed in the regulatory agenda prepared for such fiscal year, including a summary of the reasons such rules were not included in such regulatory agenda, and
(c) the number of such actions which were adopted under the emergency rulemaking procedures;
(5) a summary of the procurement actions taken during the previous fiscal year, including: (i) for each of the procurement methods specified in section three hundred twelve, the number and dollar value of the procurement contracts entered into during such fiscal year; and (ii) for all procurement contracts entered into pursuant to a procurement method other than that specified in paragraph one of subdivision a of section three hundred twelve, the number and dollar value of such procurement contracts by each of the reasons specified in paragraph one of subdivision b of section three hundred twelve; and
(6) an appendix indicating the relationship between the program performance goals included in the management report pursuant to paragraph two of this subdivision and the corresponding expenditures made pursuant to the adopted budget for the previous fiscal year.
Section 13. Office of criminal justice.
There is established in the executive office of the mayor an office of criminal justice, to be headed by a coordinator of criminal justice appointed by the mayor. The coordinator shall:
(1) advise and assist the mayor in planning for increased coordination and cooperation among agencies under the jurisdiction of the mayor that are involved in criminal justice programs and activities;
(2) review the budget requests of all agencies for programs related to criminal justice and recommend to the mayor budget priorities among such programs; and,
(3) perform such other duties as the mayor may assign.
Section 13-a. Code of administrative judicial conduct.
The mayor and the chief administrative law judge of the office of administrative trials and hearings shall jointly promulgate, and may from time to time jointly amend, rules establishing a code or codes of professional conduct governing the activities of all administrative law judges and hearing officers in city tribunals, except to the extent that such promulgation would be inconsistent with law. Prior to promulgating or amending any such rules, the mayor and the chief administrative law judge shall consult with the conflicts of interest board, the commissioner of investigation and affected agency and administrative tribunal heads. An administrative law judge or hearing officer shall be subject to removal or other disciplinary action for violating such rules in the manner that such administrative law judge or hearing officer may be removed or otherwise disciplined under law. Further, such rules may set forth additional sanctions or penalties for violations of such rules to the extent consistent with law.
Section 13-b. Office of civil justice.
1. advise and assist the mayor in planning and implementing for coordination and cooperation among agencies under the jurisdiction of the mayor that are involved in civil justice programs;
2. review the budget requests of all agencies for programs related to civil justice, and recommend to the mayor budget priorities among such programs and assist the mayor in prioritizing such requests;
3. prepare and submit to the mayor and the council an annual report of the civil legal service needs of low-income city residents and the availability of free and low-cost civil legal services to meet such needs, which shall include but not be limited to (i) an assessment of the civil legal service needs of such residents, as well as the type and frequency of civil legal matters, including but not limited to matters concerning housing, health insurance, medical expenses and debts relating thereto, personal finances, employment, immigration, public benefits and domestic and family matters, (ii) identification and assessment of the efficacy and capacity of free and low-cost civil legal services available for such residents, (iii) identification of the areas or populations within the city in which low-income residents with civil legal service needs reside and (iv) identification of areas or populations within the city that have disproportionately low access to free and low-cost civil legal services;
4. study the effectiveness of, and make recommendations with respect to, the expansion of (i) free and low-cost civil legal services programs, (ii) mediation and alternative dispute resolution programs and (iii) mechanisms for providing free and low-cost civil legal services during and after emergencies; provided that the coordinator shall, to the extent practicable, prioritize the study of, and making of recommendations with respect to, the expansion of free and low-cost civil legal services programs intended to address housing-related civil legal service needs of low-income city residents;
5. serve as liaison for the city with providers of free and low-cost civil legal services and coordinate among such providers to (i) maximize the number of low-income city residents who obtain free and low-cost civil legal services sufficient to meet the needs of such residents and (ii) ensure that such residents have access to such services during and after emergencies;
6. provide outreach and education on the availability of free and low-cost civil legal service programs; and
7. perform other duties as the mayor may assign.
Section 13-c. Municipal division of transitional services.
1. ensure, by such means as necessary, including coordination with relevant city agencies, the availability of effective reentry services to individuals residing in New York city who have been released from the custody of the New York city department of correction after having served a period of criminal incarceration or criminal detention and other individuals in need of reentry services that have served a period of criminal incarceration or criminal detention;
2. create a coordinated system for the administration of reentry services. Such system shall ensure access to reentry services in areas where a substantial number of such individuals reside. To the extent that the coordinator deems appropriate, such system may also include integration and coordination with similar services provided by other city agencies, and existing facilities operated by city agencies may be utilized for the purpose of such integration and coordination;
3. administer contracts for the provision of reentry services as appropriate, and to the extent required by paragraph 1 of this subdivision, review the budget requests of all agencies for programs related to reentry services, and recommend to the mayor budget priorities among such services and assist the mayor in prioritizing such requests;
4. provide outreach and education on the availability of reentry services; and
5. perform other duties as the mayor may assign.
Section 13-d. Office of crime victim services.
Coordinator. The term “coordinator” means the crime victim services coordinator.
Crime victim. The term “crime victim” means a person who is a victim of a sex offenses as defined in article 130 of the penal law, robbery as defined in article 160 of the penal law, assault as defined in article 120 of the penal law, burglary as defined in article 140 of the penal law, larceny as defined in article 155 of the penal law, domestic violence offenses as defined in section 530.11(1)(a) of the criminal procedure law, or any other offense determined by the coordinator.
Service provider. The term “service provider” means any non-government organization, funded in whole or in part by the city, or any agency under the jurisdiction of the mayor, that provides social services to crime victims, including but not limited to case management, crisis intervention, legal services, restorative justice, emergency or transitional shelter, permanent housing, health care, mental health counseling, drug addiction screening and treatment, language interpretation, public benefits, domestic and family matters safety planning, job training and economic empowerment, immigration advocacy or other services which may be offered to crime victims, provided, however, that social services shall not be construed to include the provision of services by first responders in response to public safety incidents.
1. advise and assist the mayor in planning for increased coordination and cooperation among service providers to ensure the efficient delivery of services for crime victims;
2. work with the office to end domestic and gender-based violence to ensure that services for crime victims are coordinated.
3. advise and assist the director of the office to end domestic and gender-based violence in developing methods to improve the coordination of systems and services for victims of intimate partner violence;
4. publish and annually update a directory of service providers in the city, organized by service type, location of services, hours of operation, contact information, eligibility criteria for services, language access, any specific cultural competencies, and accessibility. Notwithstanding this paragraph, the coordinator shall not be required to publish the location of services that could compromise the safety of the victim;
5. compile information on the nature of services the service providers have contracted with the city to provide for crime victims;
6. prepare and submit to the mayor and the council an annual report of service providers which shall include: (a) the nature of assistance to crime victims provided by such service providers; and (b) an assessment of the need for increased coordination for such crime victims;
7. make recommendations with respect to the coordination of services;
8. provide outreach and education on the availability of services for crime victims; and
9. perform other duties as the mayor may assign.
Section 14. Office of veteran’ affairs. [Repealed]
Section 15. Office of operations.
1. plan, coordinate and oversee the management of city governmental operations to promote the efficient and effective delivery of agency services;
2. review and report on the city’s management organization including productivity and performance functions and systems;
3. maintain for the mayor a management, planning and reporting system and direct the operation of such system;
4. review the city’s operations and make recommendations, where appropriate, for improving productivity, measuring performance and reducing operating expenses; and
5. perform the functions of an office of environmental coordination and provide assistance to all city agencies in fulfilling their environmental review responsibilities for proposed actions by the city subject to such review.
1. To work with each agency subject to the requirements of section 23-1102 of the code on the development and implementation of its agency-specific language access implementation plan to ensure meaningful access to information and direct public services.
2. To collect annual reports from each such agency regarding implementation of its language access implementation plan.
3. To perform outreach, in coordination with the office of immigrant affairs or other agencies, in neighborhoods containing a significant number of persons that do not speak any of the languages already covered by most agencies’ language access implementation plans, but which might otherwise contain a likely service population, to inquire what agency direct public services, as defined in section 23-1101 of the code, might be used by such persons if services in a language spoken by such persons were available, and collect information therefrom to be shared with the relevant agencies.
4. To make recommendations to city agencies on specific programs for which the providing of language access services in languages not already required pursuant to section 23-1102 of the code may be beneficial.
5. Beginning no later than June 30, 2018, and no later than every June 30 thereafter, submit to the city council and post on the city website a report providing information regarding each agency subject to the requirements of section 23-1102, including:
(i) the name of the individual designated as the agency’s language access coordinator, including all titles held by such individual;
(ii) the agency’s language access implementation plan, to be updated every three years unless such implementation plan has been updated by such agency since it was last reported;
(iii) information regarding how members of the public may submit language access complaints, questions and requests to the agency;
(iv) data on complaints and requests received pursuant to section 23-301 of the code and a description of how such complaints and requests were addressed;
(v) a copy of the list of designated citywide languages, created pursuant to section 23-1101 of the code, as well as the data relied upon for its creation;
(vi) information regarding the outreach conducted pursuant to paragraph 3 of this subdivision; and
6. To provide technical assistance to such city agencies in meeting the requirements of section 23-1102 of the code.
7. To monitor and report on the performance of city agencies in delivering services in languages other than English, including but not limited to compliance with signage requirements, the availability of interpretation services, the familiarity of frontline workers with language access policy and reviews of translated documents for accuracy and availability.
8. To maintain in a central place which is accessible to the public a library of written materials published by city agencies in such languages.
9. To establish, in furtherance of the purposes of this subdivision and of chapter 11 of the code, additional standards and criteria for city agencies that provide language access services.
2. There shall be mental retardation and developmental disability coordination within the office of operations. In performing functions relating to such coordination, the office of operations shall be authorized to develop methods to: (i) improve the coordination within and among city agencies that provide services to people with mental retardation or developmental disabilities, including but not limited to the department of health and mental hygiene, the administration for children’s services, the human resources administration, department of youth and community development, the department of juvenile justice, and the department of employment, or the successors to such agencies, and the health and hospitals corporation and the board of education; and (ii) facilitate coordination between such agencies and non-governmental entities providing services to people with mental retardation or developmental disabilities; review state and federal programs and legislative proposals that may affect people with mental retardation or developmental disabilities and provide information and advice to the mayor regarding the impact of such programs or legislation; recommend legislative proposals or other initiatives that will benefit people with mental retardation or developmental disabilities; and perform such other duties and functions as the mayor may request to assist people with mental retardation or developmental disabilities and their family members.
1. in consultation with other city agencies and officials, including the department of health and mental hygiene, as appropriate, plan, establish, coordinate, and oversee city policy regarding the identification, investigation, remediation, and redevelopment of brownfields that is protective of public health and the environment, and supportive of the city’s economic development;
2. develop programs for sustainable growth in consultation with the office of long-term planning and sustainability. Such programs shall focus on projects that are consistent with brownfield opportunity area plans and on communities that (i) contain a disproportionate number of brownfield sites, (ii) show indicators of economic distress, including low resident incomes, high unemployment, high commercial vacancy rates and depressed property values, or (iii) contain brownfield sites that present strategic opportunities to stimulate economic development, community revitalization or the siting of public amenities.
3. identify and catalogue brownfields and potential brownfields;
4. develop and administer a local brownfield cleanup program to facilitate the identification, investigation, remediation, and redevelopment of brownfields in support of the city’s economic development;
5. develop and administer financial and other incentive programs to encourage public or private entities to identify, investigate, remediate, and redevelop brownfields in support of the city’s economic development. The financial incentive program shall give priority to projects that are consistent with brownfield opportunity area plans;
6. promote community participation and community assistance, and provide technical support for community participation, in the identification, investigation, remediation, and redevelopment of brownfields in support of the city’s economic development;
7. educate and train community groups, developers, and property owners about the identification, investigation, remediation, and redevelopment of brownfields in support of the city’s economic development;
8. act as intermediary for city agencies and officials, as appropriate, for brownfield matters, including with respect to the state brownfield opportunity area program. The office shall facilitate interactions among city agencies, community based organizations, developers, and environmental experts and assist community based organizations in brownfield redevelopment.
9. support the efforts of community groups, developers, and property owners to obtain and utilize federal, state, and private incentives to identify, investigate, remediate, and redevelop brownfields;
10. coordinate, partner, and enter into agreements with federal and state agencies and officials and other entities in connection with the identification, investigation, remediation, and redevelopment of brownfields in support of the city’s economic development. Such agreements may include a pledge by a federal or state agency or official that no further action may be taken against a local brownfield site that has been issued a certificate of completion pursuant to chapter nine of title twenty-four of the administrative code;
11. apply for and administer funds for the identification, investigation, remediation, and redevelopment of brownfields in support of the city’s economic development;
12. advise city agencies and officials regarding the identification, investigation, remediation, and redevelopment of brownfields in support of the city’s economic development;
13. evaluate and report publicly on progress in the identification, investigation, remediation, and redevelopment of brownfields in support of the city’s economic development;
14. take such other actions as may be necessary to facilitate the identification, investigation, remediation, and redevelopment of brownfields in support of the city’s economic development, including the review and acceptance of remedial plans for brownfield redevelopment projects such as city-sponsored affordable housing projects;
15. administer the E-Designation program, as defined in section 11-15 of the zoning resolution of the city of New York, acting as successor to the department of environmental protection for such purpose;
16. ensure compliance with hazardous waste restrictive declarations arising from the environmental review of land use actions, acting as successor to the department of environmental protection for such purpose;
17. establish fees for programs administered by the office; and
18. promulgate such rules as are necessary to implement the provisions of this subdivision.
2. To the extent practicable, the office of operations shall develop and implement a plan to distribute the bill of rights to all relevant business owners, including via electronic publication on the internet, and to notify such business owners if the bill of rights is subsequently updated or revised. The office of operations shall also develop and implement a plan in cooperation with all relevant agencies to facilitate distribution of a physical copy of the bill of rights to business owners or managers at the time of an inspection, except that if the inspection is an undercover inspection or if the business owner or manager is not present at the time of the inspection, then a copy of the bill of rights shall be provided as soon as practicable.
3. To the extent practicable, the office of operations shall develop and implement a plan for each business owner to indicate the language in which such owner would prefer that agency inspections of the business be conducted. To the extent practicable, the office of operations shall also develop and implement a plan to inform all relevant agencies of such respective language preference.
4. The bill of rights shall serve as an informational document only and nothing in this subdivision or in such document shall be construed so as to create a cause of action or constitute a defense in any legal, administrative, or other proceeding.
2. The office of operations shall review each relevant agency’s inspector training program to ensure that such program includes customer service training and, to the extent practicable, includes the standardized customer service training curriculum developed by the office of operations pursuant to paragraph one of this subdivision. After completing such review, the office of operations shall certify an agency’s inspector training program if it includes, to the extent practicable, the standardized customer service training curriculum developed by the office of operations pursuant to paragraph one of this subdivision. Any such certification shall be provided to the speaker of the council upon request.
3. No later than July 1, 2013, the office of operations shall submit to the mayor and the speaker of the council a copy of the standardized customer service training curriculum developed pursuant to paragraph one of this subdivision and shall report the number of agency inspector training programs reviewed by the office of operations and the number of such programs that were certified. No later than January 1, 2014 and annually thereafter, the office of operations shall submit to the mayor and the speaker of the council any substantive changes to the standardized customer service training curriculum and shall report the number of agency inspector training programs that were reviewed and the number of such programs that were certified by the office of operations during the prior year.
4. If, on September 1, 2017, September 1, 2019, or September 1, 2021 the office of operations has received fewer than 500 responses with respect to relevant agencies through the customer service survey created and maintained by the office on the city’s website pursuant to subdivision h of this section in the previous twenty-four-month period, the office of operations shall perform outreach to businesses that were inspected by relevant agencies during such period to solicit feedback and to encourage the owners of such businesses to complete such customer service survey. Such outreach shall continue until the office of operations has received a total of at least 500 such responses, including both responses received during such twenty-four-month period and responses received after such twenty-four-month period during the period the office of operations is required to perform outreach, provided that the office of operations shall not be required to perform outreach for more than three months following such twenty-four-month period.
2. The questions shall include options allowing respondents to select from:
(a) at least the top 30 largest ancestry groups and languages spoken in the city of New York based on data from the United States census bureau; and
(b) “other,” with an option to write in a response.
3. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.
4. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision and any other agencies so designated by the mayor that: collect demographic information addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency’s authority to edit or amend. The office of operations, or the office or agency designated by the mayor, shall submit to the council, within 60 days of such review, a list of all forms reviewed and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated. When practicable, when such forms are updated they shall request voluntary responses to questions about ancestry and languages spoken. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about ancestry and languages spoken no later than five years from the effective date of the local law that added this subdivision. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision i of this section.
5. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their ancestry or languages spoken on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.
6. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this subdivision and the office of operations, or the office or agency designated by the mayor, shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.
7. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.
2. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or an office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision and any other agencies so designated by the mayor that: collect demographic information addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency’s authority to edit or amend. The office of operations, or the office or agency designated by the mayor, shall submit to the council, within 60 days of such review, a list of all forms reviewed and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated. When practicable, the office of operations, or the office or agency designated by the mayor, shall ensure that when such forms are updated they shall request voluntary responses to questions about multiracial ancestry or ethnic origin. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about multiracial ancestry or ethnic origin no later than five years from the effective date of the local law that added this subdivision. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision j of this section.
3. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their multiracial ancestry or ethnic origin on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.
4. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this subdivision and the office of operations, or the office or agency designated by the mayor, shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.
5. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.
2. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.
3. No later than 60 days after the effective date of the local law that added this subdivision, the office of operations shall submit to the mayor and the speaker of the city council a plan to provide a mandatory training program and develop a manual for agency staff on how to invite persons served by such agencies to complete the survey. Such training and manual shall include, but not be limited to, the following:
(a) an overview of the categories of sexual orientation and gender identity;
(b) providing constituents the option of completing the survey in a private space and filling out any paperwork without oral guidance from city agency staff;
(c) explaining to constituents that completing the survey is voluntary;
(d) explaining to constituents that any data collected from such survey will not be connected to the individual specifically; and
(e) discussions regarding addressing constituents by their self-identified gender.
4. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision and any other agencies so designated by the mayor that: collect demographic information addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency’s authority to edit or amend. The office of operations, or the office or agency designated by the mayor, shall submit to the council within 60 days of such review, a list of all forms reviewed and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated. When practicable, when such forms are updated they shall request voluntary responses to questions about sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual status, or other; gender identity, including transgender, cisgender and intersex status or other; and the gender pronoun or pronouns that an individual identifies with and that others should use when talking to or about that individual. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about sexual orientation, gender identity and the gender pronoun or pronouns that an individual identifies with and that others should use when talking to or about that individual no later than five years from the effective date of the local law that added this subdivision. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision k of this section.
5. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their sexual orientation or gender identity on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.
6. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this local law and the office of operations shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.
7. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.
Editor’s note: division g.4. of this Section 15 shall expire and be deemed repealed on 12/31/2021; see L.L. 2015/067 § 5.
Section 16. Report on social indicators and equity.
Section 17. Strategic policy statement.
Section 18. Office of immigrant affairs.
1. advise and assist the mayor and the council in developing and implementing policies designed to assist immigrants and speakers of languages other than English in the city, in consultation with the office of the language services coordinator with respect to language accessibility;
2. enhance the accessibility of city programs, benefits, and services to immigrants and speakers of languages other than English by establishing outreach programs in conjunction with other city agencies and the council to inform and educate immigrants and speakers of languages other than English of relevant city programs, benefits, and services;
3. perform policy analysis and make recommendations concerning immigrant affairs; and
4. perform such other duties and functions as may be appropriate to pursue the policies set forth in this section.
1. conduct research and advise the mayor and council on challenges faced by immigrants and speakers of languages other than English, including, but not limited to, obstacles to accessing city programs, benefits, and services, and on socioeconomic trends related to such persons;
2. establish a state and federal affairs unit within the office to monitor and conduct analysis on state and federal laws, policies, enforcement tactics, and case law regarding issues relating to and impacting immigrant affairs, including potential strategies for addressing such developments;
3. consult with relevant agencies on implementation of sections of the charter and the administrative code that are relevant to immigrants;
4. consult with and provide information and advice to the office of civil justice and relevant city agencies in determining and responding to the legal service needs of immigrants and the availability of free and low-cost civil legal services to meet such needs, in accordance with section 13-b;
5. participate in interagency efforts, as appropriate, relating to the handling of confidential information about individuals held by city agencies and those contracting with city agencies;
6. solicit community and stakeholder input regarding the activities of the office, including but not limited to the office’s consultations with relevant agencies on implementation of sections of the charter and the administrative code that are relevant to immigrants; and
7. consult with and provide information and advice to relevant city agencies, in coordination, as appropriate, with the office to end domestic and gender-based violence, the office of criminal justice, and other agencies or offices as the mayor may designate, on addressing the unique needs of immigrant crime victims and witnesses, including agency standards and protocols for issuing law enforcement certifications required in order to apply for nonimmigrant status under subparagraphs (T) and (U) of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States code, or successor statutes.
1. the size and composition of such population, including, but not limited to demographic information, socio-economic markers, and estimates of the immigration status held by members of such population, if any;
2. information regarding the needs of such population including, but not limited to, social services, legal services, housing, public benefits, education, and workforce development needs;
3. information regarding barriers faced by such population in accessing such services, and recommendations on how the city could address such barriers;
4. information and metrics relating to each programmatic initiative of the office, including initiatives that are conducted in partnership with other offices or agencies, including but not limited to:
(a) total program capacity, disaggregated by service type;
(b) number of intakes or program eligibility screenings conducted;
(c) number of individuals served, disaggregated by service type;
(d) number of matters handled, and aggregate data on the outcomes achieved, disaggregated by service type; and
(e) with respect to legal services initiatives, number of cases accepted for legal advice and full representation, as well as the number of cases referred to other legal services providers, disaggregated by service and case type, and aggregate data on the outcomes achieved in cases accepted for full representation during the reporting window.
5. for relevant agencies, information regarding requests for law enforcement certifications required in order to apply for nonimmigrant status under subparagraphs (T) and (U) of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States code, or successor statutes, including, but not limited to, number of requests for certification received, request processing times, number of certifications issued, number of certification requests denied and information as to why, and number of request appeals and outcomes, disaggregated by agency;
6. the efforts of the office to monitor agency efficacy in conducting outreach and serving the immigrant population, including the efforts of the task force established pursuant to subdivision g of this section; and
7. the efforts of the director, or such other office or agency as designated by the mayor, in fulfilling the duties set forth in subdivision d of this section.
(i) review and make recommendations to relevant agencies on implementation of sections of the charter and the administrative code that are relevant to immigrants;
(ii) review legal and policy developments presented by the state and federal affairs unit in the office and their potential impact on city agencies;
(iii) review and make recommendations to address obstacles to accessing city programs, benefits, and services;
(iv) review and make recommendations to address the unique needs of particularly vulnerable immigrant populations, including, but not limited to, victims of crime, domestic violence, and human trafficking; individuals who are lesbian, gay, bisexual, transgender, queer, or intersex; individuals involved in the criminal justice system; and minors;
(v) review the solicitation and consideration of community and stakeholder input received by the office pursuant to paragraph 6 of subdivision d of this section; and
(vi) perform such other functions as may be appropriate in furtherance of the policies set forth in this chapter.
2. Such task force shall be led by the director, or by the head of such other officer or agency as the mayor may designate, and shall include at a minimum:
(a) the commissioners of the following agencies or offices or such commissioners’ designees:
(1) the administration for children’s services;
(2) department of social services;
(3) department of homeless services;
(4) department of health and mental hygiene;
(5) department of youth and community development;
(6) department for the aging;
(7) police department;
(8) department of correction; and
(9) department of probation;
(b) the chancellor of the city school district, or their designee;
(c) the coordinator of the office of civil justice, or their designee; and
(d) representatives of other such agencies or offices as the mayor may designate.
3. Such task force shall meet regularly in furtherance of its functions and at any other time at the request of the director or other designated task force leader.
Section 19. Office to end domestic and gender-based.
1. coordinate domestic violence services;
2. formulate policies and programs relating to all aspects of services and protocols for victims of domestic violence;
3. develop methods to improve the coordination of systems and services for domestic violence;
4. develop and maintain mechanisms to improve the response of city agencies to domestic violence situations and improve coordination among such agencies; and
5. implement public education campaigns to heighten awareness of domestic violence and its effects on society and perform such other functions as may be appropriate regarding the problems posed by domestic violence.
(i) “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.
(ii) “Domestic violence fatality” shall mean a death of a family or household member, resulting from an act or acts of violence committed by another family or household member, not including acts of self-defense.
(iii) “Family or household member” shall mean the following individuals:
(a) persons related by consanguinity or affinity;
(b) persons legally married to one another;
(c) persons formerly married to one another regardless of whether they still reside in the same household;
(d) persons who have a child in common regardless of whether such persons have been married or have lived together at any time;
(e) persons not legally married, but currently living together in a family-type relationship; and
(f) persons not legally married, but who have formerly lived together in a family-type relationship.
Such term, as described in (e) and (f) of this subparagraph, therefore includes “common law” marriages, same sex couples, registered domestic partners, different generations of the same family, siblings and in-laws.
(iv) “Perpetrator” shall mean a family or household member who committed an act or acts of violence resulting in a domestic violence fatality.
(v) “Victim” shall mean a family or household member whose death constitutes a domestic violence fatality.
2. There shall be a domestic violence fatality review committee to examine aggregate information relating to domestic violence fatalities in the city of New York. Such committee shall develop recommendations for the consideration of the director of the office to end domestic and gender-based violence regarding the coordination and improvement of services for victims of domestic violence provided by agencies and private organizations that provide such services pursuant to a contract with an agency. The committee shall be convened by the director of the office to end domestic and gender-based violence, or his or her designee, and shall consist of the director of the office to end domestic and gender-based violence, or his or her designee, the commissioner of the police department, or his or her designee, the commissioner of the department of health and mental hygiene, or his or her designee, the commissioner of the department of social services/human resources administration, or his or her designee, the commissioner of the department of homeless services, or his or her designee and the commissioner of the administration for children’s services, or his or her designee. The committee shall also consist of two representatives of programs that provide social or legal services to victims of domestic violence and two individuals with personal experience with domestic violence. The director of the office to end domestic and gender-based violence, or his or her designee, shall serve as chairperson of the committee. At the discretion of the director of the office to end domestic and gender-based violence, the committee may also include a representative of any of the offices of the district attorney of any of the five boroughs and/or a representative of the New York city housing authority. Each member of the committee other than any member serving in an ex officio capacity shall be appointed by the mayor.
(i) The service of each member other than a member serving in an ex officio capacity shall be for a term of two years to commence ninety days after the effective date of the local law that added this subdivision. Any vacancy occurring other than by expiration of term shall be filled by the mayor in the same manner as the original position was filled. A person filling such a vacancy shall serve for the unexpired portion of the term of the member succeeded. New terms shall begin on the next day after the expiration date of the preceding term.
(ii) Members of the committee shall serve without compensation.
(iii) No person shall be ineligible for membership on the committee because such person holds any other public office, employment or trust, nor shall any person be made ineligible to or forfeit such person’s right to any public office, employment or trust by reason of such appointment.
(iv) The committee shall meet at least four times a year.
3. The committee’s work shall include, but not be limited to, reviewing statistical data relating to domestic violence fatalities; analyzing aggregate information relating to domestic violence fatalities, including, non-identifying data with respect to victims and perpetrators involved in domestic violence fatalities, such as gender, age, race and familial or other relationship involved, and, if available, religion, ethnicity and employment status; examining any factors indicating a high-risk of involvement in domestic violence fatalities; and developing recommendations for the director of the mayor’s office to end domestic and gender-based violence regarding the coordination and improvement of services for victims of domestic violence provided by agencies and private organizations that provide such services pursuant to a contract with an agency.
4. The committee may request and receive information from any agency as may be necessary to carry out the provisions of this subdivision, in accordance with applicable laws, rules and regulations, including, but not limited to, the exceptions to disclosure of agency records contained in the public officers law. Nothing in this subdivision shall be construed as limiting any right or obligation of agencies pursuant to the public officers law, including the exceptions to disclosure of agency records contained in such law, with respect to access to or disclosure of records or portions thereof. The committee may also request from any private organization providing services to domestic violence victims pursuant to a contract with an agency information necessary to carry out the provisions of this subdivision. To the extent provided by law, the committee shall protect the privacy of all individuals involved in any domestic violence fatality that the committee may receive information on in carrying out the provisions of this subdivision.
5. The committee shall submit to the mayor and to the speaker of the city council, on an annual basis, a report including, but not limited to, the number of domestic violence fatality cases which occurred in the city of New York during the previous year; the number of domestic violence fatality cases reviewed by the committee during the previous year, if any; any non-identifying data with respect to victims and perpetrators involved in domestic violence fatalities, such as gender, age, race and familial or other relationship involved, and, if available, religion, ethnicity and employment status; any factors indicating a high risk of involvement in domestic violence fatalities; and recommendations regarding the coordination and improvement of services for victims of domestic violence provided by agencies and private organizations that provide such services pursuant to a contract with an agency.
Section 20. Office of long-term planning and sustainability.
1. develop and coordinate the implementation of policies, programs and actions to meet the long-term needs of the city, with respect to its infrastructure, environment and overall sustainability citywide, including but not limited to the categories of housing, open space, brownfields, transportation, water quality and infrastructure, air quality, energy, and climate change; the resiliency of critical infrastructure, the built environment, coastal protection and communities; and regarding city agencies, businesses, institutions and the public;
2. develop measurable sustainability indicators, which shall be used to assess the city’s progress in achieving sustainability citywide;
3. take actions to increase public awareness and education regarding sustainability and sustainable practices; and
4. appoint a deputy director who shall be responsible for matters relating to resiliency of critical infrastructure, the built environment, coastal protection and communities and who shall report to the director.
1. the city’s progress in achieving sustainability citywide, which shall be based in part on the sustainability indicators developed pursuant to paragraph two of subdivision b of this section; and
2. any new or revised indicators that the director has identified and used or will identify and use to assess the city’s progress in achieving sustainability citywide, including, where an indicator has been or will be revised or deleted, the reason for such revision or deletion.
1. The director shall develop and coordinate the implementation of a comprehensive, long-term sustainability plan for the city. Such plan shall include, at a minimum:
i. an identification and analysis of long-term planning and sustainability issues associated with, but not limited to, housing, open space, brownfields, transportation, water quality and infrastructure, air quality, energy, and climate change; and
ii. goals associated with each category established pursuant to paragraph one of subdivision b of this section and any additional categories established by the director, and a list of policies, programs and actions that the city will seek to implement or undertake to achieve each goal by no later than April twenty-second, two thousand thirty.
2. No later than April twenty-second, two thousand eleven, and no later than every four years thereafter, the director shall develop and submit to the mayor and the speaker of the city council an updated long-term sustainability plan, setting forth goals associated with each category established pursuant to paragraph one of subdivision b of this section and any additional categories established by the director, and a list of policies, programs and actions that the city will seek to implement or undertake to achieve each goal by no later than twenty years from the date each such updated long-term sustainability plan is submitted. No later than two thousand fifteen, and no later than every four years thereafter, the plan shall also include a list of policies, programs and actions that the city will seek to implement or undertake to achieve each goal relating to the resiliency of critical infrastructure, the built environment, coastal protection and communities. Such updated plan shall take into account the population projections required pursuant to subdivision d of this section. An updated plan shall include, for each four-year period beginning on the date an updated plan is submitted to the mayor and the speaker of the city council, implementation milestones for each policy, program and action contained in such plan. An updated plan shall report on the status of the milestones contained in the immediately preceding updated plan. Where any categories, goals, policies, programs or actions have been revised in, added to or deleted from an updated plan, or where any milestone has been revised in or deleted from an updated plan, the plan shall include the reason for such addition, revision or deletion. The director shall seek public input regarding an updated plan and its implementation before developing and submitting such plan pursuant to this paragraph. The director shall coordinate the implementation of an updated long-term sustainability plan.
1. No later than April twenty-second, two thousand nine, and no later than every April twenty-second thereafter, the director shall prepare and submit to the mayor and the speaker of the city council a report on the city’s long-term planning and sustainability efforts. In those years when an updated long-term sustainability plan is submitted pursuant to paragraph two of subdivision e of this section, such report may be incorporated into the updated long-term sustainability plan. The report shall include, at a minimum:
i. the city’s progress made to implement or undertake policies, programs and actions included in the sustainability plan or updated sustainability plan required by subdivision e of this section, since the submission of the most recent plan or updated plan or report required by this paragraph; and
ii. any revisions to policies, programs or actions in the previous long-term sustainability plan, including the reason for such revision.
1. There is hereby established within the office an interagency green team under the management of the director or the director’s designee to facilitate the use of innovative technologies, design and construction techniques, materials or products that may have significant environmental and sustainability benefits and to assist innovative projects in addressing city agency regulatory requirements.
2. The interagency green team shall include as members the commissioners of buildings, environmental protection, transportation, design and construction, health and mental hygiene and the chairperson of the city planning commission, or their respective designees, and such other members as the director shall designate. The director shall also designate members from among the fire commissioner and the commissioners of parks and recreation, consumer affairs, emergency management, housing preservation and development, sanitation, and the chairperson of the landmarks preservation commission, or their respective designees, with respect to specific matters being considered by the interagency green team where the director determines it appropriate to do so.
Section 20-a. Office of labor standards.
(i) plan, make recommendations, conduct research and develop programs for worker education, worker safety and worker protection;
(ii) facilitate the exchange and dissemination of information in consultation with city agencies, federal and state officials, businesses, employees, independent contractors and nonprofit organizations working in the field of worker education, safety, and protection;
(iii) provide educational materials to employers and develop programs, including administrative support, to assist employers with compliance with labor laws;
(iv) implement public education campaigns to heighten awareness of employee and independent contractor rights under federal, state, and local law;
(v) collect and analyze available federal, state, and local data on the city’s workforce and workplaces and coordinate with federal and state officials and other city agencies to identify gaps and prioritize areas for the improvement of working conditions and practices for employees and independent contractors in the city and within particular industries, and to promote the implementation and enforcement of laws, rules and regulations designed to improve such working conditions and practices; and
(vi) recommend efforts to achieve workplace equity for women, communities of color, immigrants and refugees, and other vulnerable workers.
2. All such actions or proceedings shall be commenced by the service of a notice of violation. The director shall prescribe the form and wording of such notices. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and if sworn and affirmed, shall be prima facie evidence of the facts contained therein.
3. The office of administrative trials and hearings may exercise all adjudicatory powers conferred upon the director by the charter, the administrative code of the city of New York, or any other general, special or local law consistent with chapter 45-A of the charter.
Section 20-b. Commission on gender equity.
1. hold at least one meeting every four months, including at least one annual meeting open to the public;
2. keep a record of its activities;
3. determine its own rules of procedure; and
4. perform such advisory duties and functions as may be necessary to achieve its purposes as described in subdivision a of this section.
Section 20-c. Drug strategy.
1. A summary of current drug policies, programs, and services in the city, including an overview of goals to address the use of illicit and non-medical drugs such as the use of prescription drugs for non-prescription purposes;
2. A summary of interventions needed in order to reduce drug-related disease, mortality, and crime, and any inequities and disparities related to race, ethnicity, age, income, gender, geography, and immigration status;
3. An overview of programs, legislation or administrative action to promote and support health and wellness related to drug use, as well as to improve the public health and safety of the city’s individuals, families, and communities by addressing the health, social and economic problems associated with illicit and non-medical drug use, past or current drug policies, and to reduce any stigma associated with drug use;
4. An overview of the city’s efforts to collaborate with existing substance use, medical, and mental health services, including community-based harm reduction programs, licensed substance use disorder treatment programs, healthcare providers, formalized recovery support programs, youth prevention programs, drug policy reform programs and community-based criminal justice programs to develop and foster effective responses to illicit and non-medical drug use in the city;
5. An overview of pilot programs related to illicit and non-medical drug use;
6. An overview of any other proposals to achieve the city-wide goals and objectives related to illicit and non-medical drug use, including, if available, timelines for implementation; and
7. Data on the projected number of opioid antagonists needed by all relevant city agencies, the actual number of opioid antagonists distributed to all relevant city agencies and the number of opioid antagonists distributed to registered opioid overdose prevention programs citywide.
1. Make recommendations to the head of the designated agency regarding the development of the municipal drug strategy report required pursuant to this section;
2. Produce an advisory addendum, as deemed necessary by the municipal drug strategy advisory council, to the New York municipal city drug policy strategy report, as prepared by the head of the designated agency, pursuant to subdivision c of this section;
3. Advise on relevant federal, state, and local legislation, programs, and other governmental activities;
4. Make recommendations to the head of the designated agency regarding the implementation of city-wide goals and objectives related to the risks associated with illicit and non-medical drug use; and
5. Hold at least four meetings each fiscal year, at least one of which shall be open to the general public for input and comments.
Editor’s note: L.L. 2017/048, 3/21/2017, § 2 provides: “This local law takes effect immediately and shall expire and be deemed repealed following the submission of the required report pursuant to this local law due in February 2022.”
Section 20-d. Office of nightlife.
Director. The term “director” means the director of the office of nightlife.
Nightlife establishment. The term “nightlife establishment” means an establishment that is open to the public for entertainment or leisure, serves alcohol or where alcohol is consumed on the premises, and conducts a large volume of business at night. Such term includes, but is not limited to, bars, entertainment venues, clubs and restaurants.
Office. The term “office” means the office of nightlife.
1. Serve as a liaison to nightlife establishments in relation to city policies and procedures affecting the nightlife industry and, in such capacity, shall:
(a) Conduct outreach to nightlife establishments and provide information and assistance to such establishments in relation to existing city policies and procedures for responding to complaints, violations and other enforcement actions, and assist in the resolution of conditions that lead to enforcement actions;
(b) Serve as a point of contact for nightlife establishments and ensure adequate access to the office that is responsive to the nature of the nightlife industry; and
(c) Work with other city agencies to refer such establishments to city services that exist to help them in seeking to obtain relevant licenses, permits or approvals from city agencies;
2. Advise and assist the mayor and the heads of city agencies that have powers and duties relating to nightlife establishments including, but not limited to, the department of consumer affairs, the police department, the fire department, the department of health and mental hygiene, the department of city planning, the department of buildings and the department of small business services, on issues relating to the nightlife industry;
3. Review information obtained from 311 or other city agencies on complaints regarding and violations issued to nightlife establishments and develop recommendations to address recurring problems or trends, in consultation with industry representatives, advocates, city agencies, community boards and residents;
4. Serve as the intermediary between city agencies, including law enforcement agencies, residents and the nightlife industry to pursue, through policy recommendations, long-term solutions to issues related to the nightlife industry;
5. Review and convey to the office of labor standards information relating to nightlife industry workforce conditions and upon request, assist such office in developing recommendations to address common issues or trends related to such conditions;
6. Promote an economically and culturally vibrant nightlife industry, while accounting for the best interests of the city and its residents; and
7. Perform other relevant duties as the mayor may assign.
1. Within 18 months of the effective date of the local law that added this section, and annually thereafter, the director shall prepare and submit a report to the mayor and the speaker of the council that shall include, but not be limited to, the activities of the office and any recommendations developed by the director pursuant to this section.
2. The office shall submit to the council and post to the office’s website, in a machine readable format, a report on multi-agency response to community hotspots operations consistent with paragraph 3 of this subdivision. For the purposes of this section, the term “multi-agency response to community hotspots operation” or “operation” means an enforcement effort involving multiple city agencies or offices directed at an establishment which has been the source of community complaints, coordinated by the police department’s civil enforcement unit. Such reports shall include the following information for each operation during the previous six months:
(a) The borough, council district, and zip code of the operation.
(b) The conduct or complaint that resulted in an establishment being the subject of an operation, including any relevant 311, 911, department of building, department of health, or other form of complaint and the number of such complaints.
(c) The number of times each establishment was the subject of an operation and the basis for each operation.
(d) The date and time of each operation, including the time each operation commenced and the average time spent inside each establishment, and whether the operation resulted in the closure of the establishment for the duration of the operation.
(e) The agencies present for the operation, including the number of personnel from each agency.
(f) Any civil or criminal summonses as defined in section 14-101 of the administrative code, issued during an operation and the agency responsible for each such summons.
(g) The precinct that requested each establishment’s inclusion in the operation.
(h) Whether the targeted establishment was ordered to cease operations as a result of an operation or enforcement actions taken as part of an operation, including the average duration of such closures.
(i) The number of written notices provided, as defined in section 14-181 of the administrative code, and the number of times, and reasons why, such written notice was not provided due to a law enforcement exception, as defined in section 14-181 of the administrative code.
3. No later than two months after January 1 and July 1 in each calendar year beginning in 2020, the office shall publish the information required in paragraph 2 of this section in the aggregate for the periods ending on the preceding December 31 and June 30 respectively. Such information shall include the number and percentage of each data point, provided that such information that cannot be aggregated need not be included in such report. Such reports must be machine readable, and shall be stored on the police department’s or the office of nightlife’s website for at least ten years.
4. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information.
1. There shall be a nightlife advisory board to advise the mayor and the council on issues relating to nightlife establishments. The advisory board shall identify and study common issues and trends relating to the nightlife industry and shall make recommendations, as appropriate, to the mayor and the council on ways to improve laws and policies that impact nightlife establishments. The nightlife advisory board shall examine the following: (i) the regulatory structure of the nightlife industry; (ii) common complaints regarding nightlife establishments; (iii) public safety concerns related to the nightlife industry; (iv) the enforcement of nightlife industry-related laws and rules; (v) zoning and other community development concerns related to the nightlife industry; (vi) integration of the nightlife industry into the city’s various neighborhoods; (vii) nightlife workforce conditions, including but not limited to, wages and workforce safety; (viii) the availability and responsiveness of the office of nightlife to the concerns of nightlife establishments; and (ix) any other issues the nightlife advisory board finds are relevant.
2. The nightlife advisory board shall consist of 14 members, of whom nine members shall be appointed by the speaker of the council and five by the mayor. Such board shall provide reasonable notice of its meetings to the director, who may attend such meetings and may coordinate the attendance of relevant agency heads or their designees.
3. All members shall serve for a term of two years and may be removed by the appointing official for cause. Upon appointment of all the members, the nightlife advisory board shall elect a chair from its membership by a majority vote of such advisory board. Any vacancy on the nightlife advisory board shall be filled in the same manner as an original appointment.
4. The nightlife advisory board shall keep a record of its deliberations and determine its own rules of procedure, which shall include a procedure or mechanism by which members of the public may make submissions to the board. The first meeting of the nightlife advisory board shall be convened within 120 days after the effective date of the local law that added this section.
5. Within 18 months of the effective date of the local law that added this section, the nightlife advisory board shall submit recommendations to the mayor and the council. After such date, the nightlife advisory board may submit recommendations to the mayor and the council as appropriate.
Section 20-e. Committee on city healthcare services.
1. A review and compendium of reports produced by the city over the previous two-year period pertaining to the provision of healthcare services.
2. Recommendations for utilizing city healthcare services to address the healthcare needs of, and engage in outreach to, vulnerable populations, including, but not limited to: low-income individuals; the uninsured; the under-insured; homeless individuals and families; incarcerated individuals; communities of color; the aging; lesbian, gay, bisexual and transgender individuals; immigrants; women; people with limited English proficiency; individuals under the age of 21; and people with disabilities;
3. A summary of any projects or programs undertaken to coordinate healthcare services across city agencies, with particular emphasis on historically underserved or vulnerable populations, and recommendations to improve such coordination and make optimal use of existing healthcare services;
4. A description for the immediately preceding fiscal year of allocations for healthcare services by the department of health and mental hygiene and all other agencies directly providing healthcare services to anyone other than an employee of such agency, or which contract with entities for the direct provision of healthcare services, and the number of persons served by the department and such agencies. The information described in this subparagraph shall be provided to the mayor and the speaker annually on October 15; and
5. A review and analysis of existing reportable city agency data for the immediately preceding fiscal year that may include, but need not be limited to, the following data, disaggregated geographically to the extent the data is available in such a disaggregated format:
(a) insurance coverage,
(b) infant mortality rates per 1000 live births,
(c) immunizations,
(d) smoking,
(e) obesity,
(f) hypertension,
(g) asthma,
(h) preventive care visits,
(i) emergency room visits,
(j) number of unique inpatients and outpatient visits at facilities operated by health and hospitals corporation, and
(k) other data or indicators of community health and healthcare service delivery.
6. An overview of the locations of clinical healthcare services operated by the city, inclusive of current street addresses.
Section 20-f. Office of data analytics.
1. Collaborate with agencies to: (i) analyze data, promote data-driven policy making, decision making, conduct research and analysis to best fulfill agencies’ respective missions, and support agencies in developing strategies to conduct their own analytics based on such data; and (ii) convene directors of analytics or their equivalents from agencies to encourage and implement citywide analytics strategies;
2. Collaborate with the department of information technology and telecommunications, mayor’s office of operations, the mayor’s office for economic opportunity, the mayor’s office of information privacy, and other relevant offices in order to: (i) facilitate data sharing between city agencies and citywide analytics of publicly and non-publicly available data by contributing to technology system requirements and protocols, using open standards whenever practicable; (ii) advise on data strategy for data integration use cases;
3. Advise agencies on data analytics and data integration strategy best practices when sharing data, procuring new data systems, and hiring or training analytics staff;
4. Maintain an open analytics library that shall allow the office of data analytics to share the source code for data analytics projects to increase awareness of the way city agencies use data and develop analytical tools. Such library shall be maintained on the office’s website and made available to the public;
5. Serve as the designated point of contact for outside partners contributing to or using public data sets;
6. Work with department of information technology and telecommunications, and other agencies as appropriate, to implement the city’s open data law, assist agency open data coordinators in ensuring compliance by their agencies with requirements regarding accessibility to public data sets, and take action to make data more accessible to and actionable by the public, in accordance with applicable law; and
7. Guide the training of agency staff, community boards and members of the public on the use of the web portal required by section 23-502 of the administrative code, and develop and implement an open data public education strategy.
Section 20-g. Office for the prevention of hate crimes.
1. Advise and assist the mayor in planning and implementing for coordination and cooperation among agencies under the jurisdiction of the mayor that are involved in prevention, awareness, investigation and prosecution, and impact on communities of hate crimes.
2. Create and implement a coordinated system for the city’s response to hate crimes. Such system shall, in conjunction with the New York city commission on human rights’ bias response teams, the police department, and any relevant agency or office, coordinate responses to hate crime allegations.
3. Review the budget requests of all agencies for programs related to hate crimes, and recommend to the mayor budget priorities among such.
4. Prepare and submit to the mayor and the council and post on the city’s website by January 30 of each year an annual report of the activities of the office, regarding the prevalence of hate crimes during the previous calendar year and the availability of services to address the impact of these crimes. Such report shall include but need not be limited to the following information: (i) identification of areas or populations within the city that are particularly vulnerable to hate crimes, (ii) identification and assessment of the efficacy of counseling and resources for victims of hate crimes, making recommendations for improvements of the same, (iii) collation of city, state and federal statistics on hate crime complaints and prosecutions within the city, including incidents by offense, bias motivation, and demographic characteristics such as age and gender of offenders, (iv) the populations to which the division of educational outreach addressed, (v) the types of programs created or provided by the division of educational outreach and the names of the providers of such programs, and (vi) any other outreach, education, and prevention efforts made by the division of educational outreach.
5. Study the effectiveness of, and make recommendations with respect to, the expansion of safety plans for neighborhoods and institutions that are particularly vulnerable to hate crimes, and the resources available for victims. This paragraph shall not require the disclosure of material that would reveal non-routine investigative techniques or confidential information or where disclosure could compromise the safety of the public or police officers or could otherwise compromise law enforcement investigations or operations.
6. Serve as liaison for the city with providers of victim services, community groups, and other relevant nongovernmental entities and assist in the coordination among such entities on reporting and responding to allegations of hate crimes, to ensure that city residents have access to relevant services after hate crime events.
7. Perform other duties as the mayor may assign.
1. Ensure, by such means as necessary, including coordination with relevant city agencies and interfaith organizations, community groups, and human rights and civil rights groups, the provision of effective outreach and education on the impact and effects of hate crimes, including measures necessary to achieve greater tolerance and understanding, and including the use of law enforcement where appropriate.
2. Create a K-12 curriculum addressing issues related to hate crimes, in consultation with the department of education.
3. Perform other duties as the mayor may assign.
Section 20-h. Office of minority and women-owned business enterprises.
Agency M/WBE officer. The term “agency M/WBE officer” means a deputy commissioner or other executive officer designated pursuant to subdivision f of section 6-129 of the administrative code.
Director. The term “director” means the holder of the position defined under paragraph (14) of subdivision c of section 6-129 of the administrative code.
M/WBE. The term “M/WBE” means a minority or women-owned business enterprise certified in accordance with section 1304.
Office. The term “office” means the office of minority and women-owned business enterprises.
1. Monitor agencies’ compliance with section 1304 of the charter and section 6-129 of the administrative code, and assist the director in carrying out the director’s duties under section 6-129 of the administrative code;
2. Work with agency staff, including agency M/WBE officers, to facilitate M/WBE participation in city procurement opportunities;
3. Facilitate communication between M/WBEs, other members of the public and agencies to address M/WBE-related concerns;
4. Assist in the development of policies, maintain oversight and help expand agency programming relating to M/WBEs across all city agencies;
5. Carry out outreach and education efforts regarding programs and opportunities for M/WBEs to engage in city procurement, including efforts to encourage eligible firms to certify as M/WBEs with the city;
6. Establish and maintain relationships with the public to promote government procurement opportunities for M/WBEs; and
7. Other duties as the mayor may assign.
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