Section 1100. Head of department; whole time.
Every head of an administration or department or elected officer who receives a salary from the city shall give his or her whole time to the duties of the office and shall not engage in any other occupation, profession or employment.
Section 1101. Deputies.
Section 1102. Organization of department.
Section 1109. Summary inquiry.
A summary inquiry into any alleged violation or neglect of duty in relation to the property, government or affairs of the city may be conducted under an order to be made by any justice of the supreme court in the first, second or eleventh judicial district on application of the mayor, the comptroller, the public advocate, any five council members, the commissioner of investigation or any five citizens who are taxpayers, supported by affidavit to the effect that one or more officers, employees or other persons therein named have knowledge or information concerning such alleged violation or neglect of duty. Such inquiry shall be conducted before and shall be controlled by the justice making the order or any other justice of the supreme court in the same district. Such justice may require any officer or employee or any other person to attend and be examined in relation to the subject of the inquiry. Any answers given by a witness in such inquiry shall not be used against such witness in any criminal proceeding, except that for all false answers on material points such witness shall be subject to prosecution for perjury. The examination shall be reduced to writing and shall be filed in the office of the clerk of such county within the first, second or eleventh judicial district as the justice may direct, and shall be a public record.
Section 1110. Trusteeship of public property.
The council and the council members and all other officers and employees of the city are hereby declared respectively trustees of the property, funds and effects of the city, so far as such property, funds and effects are or may be committed to their management or control. Such trustees are hereby made subject to all the duties and responsibilities imposed by law on trustees, and such duties and responsibilities may be enforced by the city or by any officer thereof.
Section 1110-a. Capital plant inventory and maintenance estimates.
1. “Maintenance” or “maintain” shall denote those activities necessary to keep the relevant portion of the capital plant in good repair so as to preserve its structural integrity and to prevent its deterioration.
2. “Major portion of the capital plant” shall mean (a) any capital asset (1) which is a capital facility or system comprising a component of the public domain or infrastructure general fixed assets of the city or a building comprising a component of the general fixed assets of the city and (2) which, as of December thirty-first, nineteen hundred eighty-eight, or, as the result of any reconstruction or expansion after such date, has a replacement cost of at least ten million dollars and a useful life of at least ten years, or if purchased or constructed after such date, has an original cost of at least ten million dollars, and an original useful life of at least ten years; and (b) any other capital asset of the city designated by the mayor for the purposes of this section; provided, however, that it shall not include any asset which is leased to or otherwise under the cognizance and control of a public benefit corporation or which is otherwise covered, pursuant to state law, by requirements which are substantially similar to the requirements of this section.
Section 1111. Authorization to incur liabilities; expenses not to exceed appropriation.
The head of each agency shall establish the procedure by which charges and liabilities may be incurred on behalf of the agency. Such procedures shall ensure that no officer or employee, on behalf of or in the name of the agency, shall incur a liability or an expense for any purpose in excess of the amount appropriated or otherwise authorized therefor; and no charge, claim or liability shall exist or arise against the city, or any of the counties contained within its territorial limits, for any sum in excess of the amount appropriated or otherwise authorized for the particular purpose.
Section 1112. Reports to mayor.
The heads of administrations and departments established by this charter, borough presidents and such officers as the mayor may require shall in addition to any other reports required by this charter, once in each year and at such other times as the mayor may direct, make to the mayor, in such form and under such rules as the mayor may prescribe, reports of their operations and action. Notice of the availability of copies of each of such annual reports shall be published in the City Record within thirty days of the publication of the report involved. The heads of all agencies shall, when required by the mayor, furnish to him or her such information as the mayor may demand, within such reasonable time as he or she may direct.
Section 1113. Report and Advisory Board Review Commission.
(2) Prior to making any determination to waive a requirement pursuant to this section, the commission shall, to the extent practicable, solicit the views of groups, organizations, or entities representing the interests of persons and entities that the chair or the commission reasonably determines are the subject of or are otherwise affected or benefited by the requirement under review. Any such determination made by the commission shall include a statement that the commission has solicited input in accordance with this paragraph.
(3) The commission shall review all requirements within its jurisdiction. Except as provided in this subdivision, the chair may establish the agenda and priorities of the commission with respect to the order in which the commission reviews requirements and with respect to similar matters. Upon completing its review of each such requirement, the commission shall issue a written determination whether or not to waive such requirement and, if the commission determines such requirement shall be waived, stating the reasons therefor. A report waived by the commission, subject to the review process set forth in paragraphs four and five of this subdivision, shall cease to be required. In the event that the commission determines to waive the requirement that mandates the establishment of an advisory body, if such waiver is approved by the council and the mayor pursuant to the provisions of this section, such body shall cease to exist following such approval. The commission may waive a reporting requirement in part rather than in whole by identifying particular required elements of such report that should be waived or retained. The commission shall issue determinations with respect to requirements that are in effect on the date of adoption of this section no later than November first, two thousand fifteen, and shall issue determinations with respect to requirements enacted after such date of adoption no later than five years after the date of enactment of such requirements. The commission may from time to time make further determinations with respect to the waiver of any such requirement; provided, however, that when a requirement has been retained by the commission or as a result of the review process set forth in paragraphs four and five of this subdivision, the commission shall again review such requirement within five years of the date of the determination to retain the requirement.
(4) The commission shall promptly file with the council and the mayor, publish in the city record and post on the city website each determination to waive a requirement, whether in part or in whole, that is issued pursuant to paragraph three of this subdivision, and shall promptly provide copies of such determination electronically or by any other reasonable means to groups, organizations or entities from which the commission has solicited input in accordance with paragraph two of this subdivision. Within one hundred twenty days of the filing of a determination by the commission, the council may either approve or disapprove such determination by the affirmative vote of a majority of all the council members. If, at the end of such one hundred twenty days, the council has failed to act on a determination of the commission, the council shall be deemed to have approved such determination, and such determination shall take effect.
(5) All actions of the council pursuant to this subdivision shall be filed by the council with the mayor prior to the expiration of the time period for council action under paragraph four of this subdivision. Any approval by the council pursuant to this subdivision, whether as a result of council action or failure to act, shall be final. Any disapproval by the council pursuant to this subdivision shall be final unless the mayor within ten days of receiving a filing with respect to such action files with the council a written disapproval of the action. A mayoral disapproval pursuant to this paragraph shall have the effect of vetoing any council disapproval and shall be subject to override by a two-thirds vote of all the council members within fifteen days of such filing by the mayor.
(6) Notwithstanding any other provision of this section, in no event shall the commission make a determination to waive a requirement otherwise subject to its jurisdiction for three years following the date of enactment of the most recent local law imposing any such requirement.
(1) With regard to requirements mandating the issuance of reports: whether the report provides useful information for evaluating the results of programs, activities and functions and their effectiveness in achieving their goals and objectives; whether the report provides useful information for assessing the effectiveness of the management of city resources; whether the report is entirely or partially duplicative of the subject matter of any other mandated report; whether the report remains relevant in light of changing circumstances, current information needs and technological advances; and whether the benefits and usefulness of the report outweigh the expenditure of public resources to produce it.
(2) With regard to requirements mandating the establishment of advisory commissions, committees, boards, task forces or other similar bodies: whether the body substantially furthers the mission of city agencies with which it interacts or within which it is located; whether the function or jurisdiction of a body is entirely or partly duplicative of the function or jurisdiction of any other mandated body; whether the function or jurisdiction of a body is limited to the production of reports that have been waived pursuant to this section; whether the function or jurisdiction of a body remains relevant in light of changing circumstances and needs; and whether the benefits and usefulness of the body outweigh the expenditure of public resources to support and interact with it.
Section 1115. Officer not to hold any other civil office.
Any person holding office, whether by election or appointment, who shall, during such person’s term of office, accept, hold or retain any other other civil office of honor, trust or emolument under the government of the United States, except commissioners for the taking of bail, or of the state, except the office of notary public or commissioner of deeds or officer of the national guard, or who shall hold or accept any other office connected with the government of the city, or who shall accept a seat in the legislature, shall be deemed thereby to have vacated any office held by such person under the city government; except that the mayor may accept, or may in writing authorize any other person holding office to accept, a specified civil office in respect to which no salary or other compensation is provided. No person shall hold two city or county offices, except as expressly provided in this charter or by statute; nor shall any officer under the city government hold or retain an office under a county government, except when such officer holds such office ex officio by virtue of an act of the legislature, and in such case shall draw no salary for such ex officio; provided, however, that any member of the police force or any member of the fire department may hold office as a member of a board of education outside of the city of New York if otherwise qualified to serve thereon.
Section 1116. Fraud; neglect of duty; willful violation of law relative to office.
Section 1117. Pensioner not to hold office.
If a person receiving a pension or a retirement allowance made up of such pension and an annuity purchased by the pensioner from the city or any agency, or out of any fund under the city or any agency, by reason of such person’s own prior employment by the city or any agency, shall hold and receive any compensation from any office, employment or position under the state or city or any of the counties included within the city or any municipal corporation or political subdivision of the state, except the offices of inspector of election, poll clerk or ballot clerk under the election law or commissioner of deeds or notary public or jury duty, the payment of said pension only shall be suspended and forfeited during and for the time such person shall hold and receive compensation from such office, position or employment; but this section shall not apply where the pension and the salary or compensation of the office, employment or position amount in the aggregate to less than one thousand eight hundred dollars annually.
Section 1118. Officers and employees not to be ordered to work outside public employment.
No officer or employee of the city or of any of the counties within its limits shall detail or cause any officer or employee of the city or of any of such counties to do or perform any service or work outside of the public office, work or employment of such officer or employee; and any violation of this section shall constitute a misdemeanor.
Section 1119. Action of boards.
Except as otherwise provided by law:
1. Whenever any act is authorized to be done or any determination or decision made by any commission, board or other body, the act, determination or decisions of the majority of the commission, board or other body shall be held to be the act, determination or decision of the commission, board or other body.
2. A majority of the members of any commission, board or other body shall constitute a quorum of such commission, board or other body.
3. Each commission, board or other body may choose at its own pleasure one of its members who shall be its president and one who shall be its treasurer and may appoint a secretary or chief clerk within the appropriation therefor.
Section 1120. Additional powers and duties.
Any elected or appointed officer of the city or any board or commission or any member thereof shall, in addition to the powers and duties vested in such officer, board or commission by this charter, perform any duties and exercise any powers vested in such officer or in such board or commission by any other provision of law and any power necessary to carry out the powers and duties vested in such officer, board or commission.
Section 1121. Agreements concerning performance of agency administrative functions.
Notwithstanding any other provision of local law to the contrary, two or more agencies of the city may, by mutual agreement, share in the performance of specified administrative functions or designate one or more of such agencies to perform such functions for one or more other such agencies if, in the judgment of the heads of such agencies, such sharing or designation will result in more effective or efficient performance of such functions for the agencies entering into such agreement. An agreement pursuant to this section may include but shall not be limited to the sharing of, or designation of one or more agencies to perform, one or more of the following functions: personnel services, labor relations, facilities maintenance and management, purchasing, information technology and telecommunications, budget administration, and internal auditing. For purposes of this section, “agencies of the city” shall include but not be limited to mayoral and non-mayoral agencies, city boards and commissions, and the offices of elected city officers.
Section 1122. Bonds.
Unless otherwise provided by law, each officer of the city who has possession of or control over any funds of the city shall give bond for the faithful performance of the duties of such officer in such sum as may be fixed and with sureties to be approved by the comptroller. Such bonds shall run to the city of New York, and in case there is another officer who is responsible for the officer giving the bond, shall run also to such officer.
Section 1123. Failure to testify.
If any council member or other officer or employee of the city shall, after lawful notice or process, wilfully refuse or fail to appear before any court or judge, any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, or having appeared shall refuse to testify or to answer any question regarding the property, government or affairs of the city or of any county included within its territorial limits, or regarding the nomination, election, appointment or official conduct of any officer or employee of the city or of any such county, on the ground that the answer of such council member, officer or employee would tend to incriminate him or her, or shall refuse to waive immunity from prosecution on account of any such matter in relation to which he or she may be asked to testify upon any such hearing or inquiry, the term or tenure of office or employment of such council member, officer or employee shall terminate and such office or employment shall be vacant, and he or she shall not be eligible to election or appointment to any office or employment under the city or any agency.
Section 1124. Civil rights protected.
Nothing in this charter contained shall affect any rights given or secured by section fifteen of the civil rights law, including the right of officers and employees, as citizens, to appeal to the legislature or to any public officer, board, commission or other public body for the redress of their grievances as such officers and employees.
Section 1125. Salaries of the district attorneys.
Each of the district attorneys of the counties of New York, Bronx, Kings, Queens and Richmond shall receive an annual salary equal to the compensation received by a justice of the supreme court in the county in which such district attorney has been elected and is serving, or two hundred twelve thousand eight hundred dollars a year, whichever is greater.
Section 1126. Political activities forbidden.
No officer or employee of the department of citywide administrative services subject to this provision pursuant to a designation of the commissioner of citywide administrative services, and no member, officer, or employee of the civil service commission shall hold office or serve as a member of any committee in any political organization or association, nor shall such member, officer or employee serve as a delegate to any political convention. Any member, officer or employee violating this provision shall forfeit such office or employment. The commissioner of citywide administrative services shall designate all employees in the department of citywide administrative services who perform functions relating to citywide personnel issues to be subject to this provision.
Section 1127. Condition precedent to employment.
Section 1128. Interference with investigation.
Section 1129. Members of police department; no other office.
Any police commissioner or any member of the police force who shall accept any additional place of public trust or civil emolument except as a member of a community board, or who shall during his or her term of office be nominated for any office elective by the people, except a member of the police force appointed, nominated or elected to a board of education outside of the city of New York, and shall not, within ten days succeeding same, decline the said nomination, shall be deemed thereby to have resigned his or her commission and to have vacated his or her office, and all votes cast at any election for any person holding the office of police commissioner, or within thirty days after he or she shall have resigned such office, shall be void.
The foregoing provisions shall not apply to any member of the police force who, with the written authorization of the mayor, shall accept any additional place of public trust or civil emolument while on leave of absence without pay from the department.
Section 1130. Members of fire department; elective office.
Any commissioner or any member of the uniformed force of the fire department may accept any additional place of public trust or civil emolument or may be elected to public office. Provided, however, if the fire commissioner determines that serving in such capacity interferes with his or her performance as a member of the department, the commissioner may require that such member be on a leave of absence without pay from the department during the time that such member holds such office.
Section 1131. School officers not to be interested in contracts; removal.
The board of education shall have the power to remove from office any school officer who shall have been directly or indirectly interested in the furnishing of any supplies or materials, or in the doing of any work or labor, or in the sale or leasing of any real estate, or in any proposal, agreement or contract for any of these purposes, in any case in which the price or consideration is to be paid, in whole or in part, directly or indirectly, out of any school moneys, or who shall have received from any source whatever any commission or compensation in connection with any of the matters aforesaid; and any school officer who shall violate the preceding provisions of this section shall be deemed guilty of a misdemeanor, and shall also forfeit such office and be ineligible to any office or employment under the board of education or under the city or any agency. The provisions of this section shall not apply to authors of school books used in any of the public schools because of any interest they may have as authors in such books.
Section 1132. Contributions to political funds, etc., prohibited.
Neither the city superintendent of schools, nor any associate or assistant superintendent of schools, nor any member of the board of examiners, nor any member of the supervising or teaching staff of the board of education of the city shall be permitted to contribute any moneys directly or indirectly to any fund intended to affect legislation increasing their emoluments, but nothing herein shall be construed to deny any right afforded by section eleven hundred twenty-four.
Section 1133. Transmission of reports; disposal of records; destruction of other materials.
1. the title of each such report, document, study or publication;
2. the agency or agencies primarily responsible for preparing such report, document, study or publication;
3. the frequency with which such report, document, study or publication is required to be published, issued or transmitted;
4. the date on which the last such report, document, study or publication was published by the agency; and
5. effective January 1, 2020, for each such report, document, study or publication listed pursuant to this subdivision, a link to the location of every instance of such report, document, study or publication, as received and posted pursuant to subdivisions a and c, and every request for such report, document, study or publication, as posted pursuant to subdivision d, provided that if such link is to a searchable portal then such link shall automatically execute the relevant search for the user.
1. access to a copy of such report, document, study or publication;
2. a citation to any local law number, section of the charter, section of the administrative code, or section of any other law to which such report, document, study or publication is intended to be responsive, as provided pursuant to section 1134, if any;
3. the agency or agencies that prepared such report, document, study or publication; and
4. the date or reporting period for which such report, document, study or publication is intended to be responsive, if any.
Section 1134. [Copies of agency reports, audits or evaluations to council.]
The head of each agency shall promptly transmit to the council copies of all final reports or studies which the charter or other law requires the agency or any official thereof to prepare. After July 1, 2019, for every such report or study that contains data in a list, table, graph, chart or other non-narrative form, the head of each agency shall also transmit such data to the council in a non-proprietary format that permits automated processing. The head of each agency shall also promptly transmit to the council copies of all final audits, audit reports and evaluations of such agency prepared by state or federal officials or by private parties. For every report, study, audit or evaluation that the charter, code or other local law requires an agency or official to prepare there shall be included in a conspicuous location a list of the sections of the charter or code, or the local law number and year if unconsolidated, whose requirements are fulfilled by such report, study, audit or evaluation, whether in full or in part, provided that if such section or local law contains requirements to be fulfilled by different reports then the relevant subdivision or other part of such law shall be included, and further provided that this requirement shall not apply if such report, study, audit or evaluation was placed in the charter or code by a state law and is required to be provided solely to a state agency.
Section 1135. Restriction on community board membership of employees of council members and borough presidents.
No person who is employed by a borough president or a council member may be appointed to serve on a community board to which such borough president may make appointments or to which such council member may make recommendations for appointment.
Section 1136. Certification of officers and employees.
Section 1136. 1. Prohibitions on the use of government funds and resources.
(a) “Appear” means to communicate by live and/or recorded, visual and/or audio images of the candidate, or to use the name of the candidate, or both, or in a manner which makes the identity of the candidate otherwise apparent by unambiguous reference.
(b) “Candidate” means an individual who seeks nomination for election, or election, to any elective office to be voted for at a primary, general or special election whether or not the office has been specifically identified at such time and whether or not such individual is nominated or elected; an individual shall be deemed to seek nomination for election, or election, to an elective office, if he or she has (1) taken the action necessary to qualify himself or herself for nomination for election, or election, or (2) received contributions or made expenditures, given his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination for election, or election, to any elective office at any time whether in the year in which such contributions or expenditures are made or at any other time.
(c) “Electioneering message” means a statement designed to urge the public to elect or defeat a certain candidate for elective office, or support or oppose a particular political party, or support or oppose a particular referendum question.
(d) “Elective office” means any elective office, including federal, state, and local offices.
(e) “Mass mailing” means identical or nearly identical pieces of literature or other mass communication totaling more than one hundred items, including but not limited to newsletters, pamphlets and informational materials, which are mailed to residents or voters, or any group or classification thereof, other than in response to specific inquiries or requests made by members of the public.
(f) “Participate” means to authorize, request, suggest, foster, cooperate, and encompasses actions and omissions of both the candidate for elective office and any agent acting on behalf of the candidate, including a political committee authorized by the candidate.
(g) “Public servant” means all officials, officers and employees of the city, including members of community boards and members of advisory committees, except unpaid members of advisory committees shall not be public servants.
(b) No public servant who is a candidate for nomination or election to any elective office or the spouse of such public servant shall use, cause another person to use, or participate in the use of governmental funds or resources for a mass mailing that is postmarked, if mailed, or delivered, if by other means, less than ninety days prior to any primary or general election for any elective office for which office such person is a candidate for nomination or election; provided, however, that a candidate may send one mass mailing, which shall be postmarked, if mailed, or delivered, if by other means, no later than twenty-one days after the adoption of the executive budget pursuant to section two hundred fifty-four. No such mass mailing shall be intentionally sent to individuals outside the particular council district, borough, or other geographic area represented by such candidate.
(c) No public servant shall use governmental funds or resources for a public communication that contains an electioneering message, including but not limited to information placed by electronic means on the Internet.
(d) In the case of a candidate in a special election to fill a vacancy in an elective office, the prohibitions set forth in paragraphs (a) and (b) of this subdivision shall apply from the day the special election is declared through the day of the special election.
(i) advertisements and other communications required by law;
(ii) communications necessary to safeguard public health and safety;
(iii) standard communications in response to inquiries or requests;
(iv) ordinary communications between public servants and members of the public;
(v) ordinary communications between elected officials and their constituents;
(vi) bona fide news coverage in print and electronic media; or
(vii) debates among opposing candidates or other public education forums.
(b) Nothing in this section shall be construed to prohibit the public funding of candidates pursuant to any voluntary system of campaign finance reform established by local law or the lawful use of such public funds by such candidates.
(c) Nothing in this section shall be deemed to permit any interest or conduct prohibited by chapter sixty-eight of this charter or by any rule, regulation, opinion, or determination of the conflicts of interest board issued pursuant thereto or to restrict in any way the powers and obligations of the conflicts of interest board.