Chapter 67: Department of Cultural Affairs

Section 2501.

Section 2501. Department; commissioner.

There shall be a department of cultural affairs, the head of which shall be the commissioner of cultural affairs.

Section 2502.

Section 2502. Deputies.

The commissioner may appoint a deputy.

Section 2503.

Section 2503. Powers and duties of commissioner.

Except as otherwise provided by law, the commissioner shall have the power and duty:

   (a) to plan, acquire, design, construct, improve and manage facilities for the conduct of cultural activities by the city and, to the extent possible, to use the resources of other agencies to perform design and planning functions subject to the approval of such agencies;

   (b) to plan, develop, conduct and supervise such cultural activities; and

   (c) to foster coordination among city, state and federal agencies, other organizations and institutions with respect to cultural activities in the city.

Section 2504.

Section 2504. Budget estimates of cultural institutions.

The capital and expense budget estimates, to the extent involving expenditures to be paid from the city treasury, of all institutions or other organizations engaging in cultural activities in the city, shall be submitted to the commissioner, who shall submit such expense budget estimates to the director of management and budget and such capital budget estimates to the mayor, the borough presidents, the council, and the city planning commission in accordance with law, together with the commissioner’s recommendations.

Section 2505.

Section 2505. Cultural affairs advisory commission.

1. There shall be in the department a cultural affairs advisory commission consisting of not fewer than fifteen nor more than twenty-one members, exclusive of a deputy mayor, the commissioner of cultural affairs, and the commissioner of parks and recreation, who shall serve as ex-officio members. The members of the advisory commission shall serve without compensation.
2. 1. Members other than ex-officio members shall be appointed by the mayor for a term of three years and provided that of those members first taking office one-third shall serve for one year, one-third shall serve for two years and the remainder shall serve for three years. Notwithstanding the date of appointment, the terms of members first taking office shall be deemed to commence on the effective date of this chapter.

   b. The mayor shall designate one of the members of the commission to be chairman and one to be vice-chairman.

3. The commission shall advise the commissioner and the mayor with respect to cultural activities in the city and in furtherance of this function shall:

   a. formulate and recommend goals with regard to cultural activities and policy;

   b. foster coordination among city, state and federal agencies and other organizations and institutions with respect to cultural activities;

   c. compile data and reports and submit its findings to the commissioner and the mayor; and

   d. perform such other related functions and duties which may, from time to time, be deemed appropriate by the mayor.

4. All city agencies are directed to cooperate with the commission, consistent with the law, in order to coordinate and promote cultural activities in this city.

Section 2506.

Section 2506. Cultural plan.

1. On or before July 1, 2017, the commissioner shall submit to the mayor and speaker of the council and post on the department’s website a comprehensive cultural plan. The department shall be the primary agency responsible for developing, implementing, and overseeing the cultural plan.
2. The cultural affairs advisory commission shall advise the department with respect to the cultural plan in accordance with section twenty-five hundred five of this charter.
3. The department shall establish a citizens’ advisory committee to advise the department with respect to the development of the cultural plan, gathering community input for such plan, and how to implement such plan. The commissioner shall determine the size and composition of such committee consistent with the provisions set forth in paragraph a of this subdivision.

   a. The citizens’ advisory committee shall consist of a minimum of twelve members. Each borough president shall appoint one member, the speaker of the council shall appoint at least three members, and the mayor shall appoint at least three members, provided that the speaker and mayor shall have an equal number of appointments, exclusive of the chair of such committee who shall be appointed by the commissioner. Such committee shall consist of members whose backgrounds and experiences are relevant to the plan and who collectively represent a variety of interests relevant to the plan. The members appointed by the speaker of the council shall include at least one representative of a cultural institution that is a member of the Cultural Institutions Group and at least two members meeting the following description: a representative of a community-based organization whose principal purpose is the promotion or support of cultural activities; an individual with background and experience in business; an individual with background and experience in real estate; a representative of a charitable organization; an individual with background and experience in public housing; or a representative of a borough arts council. All committee members shall serve without compensation.

   b. Appointments to the citizens’ advisory committee shall occur not more than ninety days after the effective date of this section. Any vacancy in membership shall be filled in the same manner as the original appointment.

   c. Prior to the submission of the cultural plan, the citizens’ advisory committee shall meet as often as needed, as determined by the committee in consultation with the department, but not less than quarterly. Following the submission of the cultural plan, and subject to the provisions of paragraph d of this subdivision, the citizens’ advisory committee shall meet as needed, but not more than semiannually, to review the biannual reports required pursuant to subdivision nine of this section.

   d. The citizens’ advisory committee shall cease to exist following its submission to the commissioner of any recommendations it may make following its review of the second biannual report required pursuant to subdivision nine of this section, or five years following the submission of the cultural plan, whichever is shorter.

4. The cultural plan shall address, but not be limited to:

   a. the availability and distribution of cultural activities throughout the city;

   b. the relationship between cultural activities and social and economic health and welfare in the city;

   c. the role of the community outreach process in the development of the plan;

   d. feedback from a robust community outreach process;

   e. the needs of artists with respect to affordable housing and affordable long-term and temporary studio, office, and rehearsal space;

   f. increasing arts education and cultural activities in the schools of the city school district;

   g. how cultural activities can be incorporated into community development, economic development and land use planning processes and policies;

   h. the needs of artists and communities with respect to the creation of public art in public settings; and

   i. a plan of how city agencies will coordinate with respect to cultural activities, as consistent with the law.

5. The cultural plan may refer to data sets relevant to the plan.
6. The cultural plan shall, where feasible, utilize technology to enhance outreach and communication of the planning process.
7. All recommendations, initiatives, and priorities included in the cultural plan shall be designated, if known, as short-, medium-, or long-term.
8. The department and other relevant agencies shall consider the conclusions and recommendations in the cultural plan and may act upon such recommendations as appropriate.
9. Beginning two years following the submission of the cultural plan and every two years thereafter, the department shall submit to the mayor and the speaker a report detailing progress made on the recommendations, initiatives and priorities that result from such plan. The cultural affairs advisory commission and the citizens’ advisory committee, during such committee’s existence, shall review such biannual report and may make recommendations to the commissioner. The commissioner shall consider any recommendations received from the cultural affairs advisory commission and the citizens’ advisory committee.
10. The cultural plan may be revised as appropriate every ten years.

Section 2507.

Section 2507. Data on cultural institutions group.

1. For purposes of this section:

   Cultural institutions group. The term “cultural institutions group” means the group of cultural institutions that operate on city-owned property and are recognized by the department as members of such group.

   Public school student. The term “public school student” means any pupil under the age of 21 who does not have a high school diploma and who is enrolled in a school of the city school district of the city of New York or a charter school that is located within the city of New York, not including pre-kindergarten students.

   Non-public school student. The term “non-public school student” means any pupil under the age of 21 who does not meet the definition of public school student in this paragraph, who does not have a high school diploma, and who is enrolled in a school serving students in the elementary, middle or high school grades, or any combination thereof, that is located within the city of New York, not including pre-kindergarten students.

2. No later than September 17, 2017, and annually no later than September 17 of each year, the department shall send to the council, or shall include in the mayor’s management report prepared pursuant to section 12 of the charter, data in the aggregate regarding the cultural institutions group to the extent such data is made available to the department, including at a minimum:

   a. total visitor attendance;

   b. number of free or reduced-price visits;

   c. total attendance by public school students through school-organized visits;

   d. total attendance by non-public school students through school-organized visits;

   e. number of partnerships with public schools;

   f. total number of free admission hours;

   g. number of programs, such as performances, exhibitions, and lectures, related to the cultural institution’s mission or discipline and targeted to a general audience; and

   h. number of programs that are targeted to or designed to reach specific groups of people including, but not limited to, seniors or youth.