Subchapter 1: [No Title]
§ 3-101 Flag of the mayor.
The official flag of the mayor shall be the same in design as the official flag of the city. Upon the middle or white bar, however, and above the design of the seal in a semi-circle, there shall be five blue five-pointed stars, typifying the five boroughs of the city. The dimensions of such flag shall be thirty-three inches by forty-four inches.
§ 3-102 Flags and decorations; city hall park.
All authority to display flags or other decorations on, in or about the public buildings within the city hall park, is vested in the mayor, unless otherwise ordered by the council.
§ 3-103 Apprehension and conviction of criminals.
The mayor, whenever he or she shall deem it necessary, may issue a proclamation offering a reward for information which shall lead to the apprehension or apprehension and conviction of any person who may have committed a crime within the city. In such proclamation, the mayor may offer a reward not exceeding five hundred dollars for the apprehension of any such person and not exceeding ten thousand dollars for the apprehension and conviction of any such person, provided, however, that the mayor may offer a reward not exceeding one hundred thousand dollars for the apprehension and conviction of any person found guilty in connection with an act of terrorism involving loss of life or substantial injury to persons or property. Any such reward shall be paid out of the city treasury upon a certificate of the mayor that the service required has been performed. For purposes of this section, “terrorism” means premediatated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents.
§ 3-104 Declaration of emergency.
Whenever the mayor determines that there has been an act of violence or a flagrant and substantial defiance of or resistance to a lawful exercise of public authority, and that, partly on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitutes a threat to public peace or order and to the general welfare of the city or a part or parts thereof, the mayor may declare that a state of emergency exists within the city or any part of parts thereof.
§ 3-105 Emergency measures.
(b) The displaying by or in any store or shop of any ammunition, guns and other firearms of any size or description is prohibited.
(c) The possession in a public place of a rifle or shotgun by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his or her duty, is prohibited.
(d) The possession of any rifle or shotgun in any place, public or private, by a nonresident who has not been issued a permit by the police commissioner, for the purchase and possession of rifles and shotguns, is prohibited.
(b) The prohibition of the sale of any alcoholic beverage.
(c) The prohibition of the possession on the person in a public place of any portable container containing any alcoholic beverage.
(d) The closing of places of public assemblage with designated exceptions.
(e) The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat or airplane and necessary for the propulsion thereof.
(f) The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid.
§ 3-106 Filing and publication.
Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of the code shall, as promptly as practicable, be filed in the office of the city clerk and published in the City Record and shall also be delivered to appropriate news media for publication and radio and television broadcast thereby. If practicable, such state of emergency declaration or emergency measure shall also be publicized by other appropriate means such as by posting and loud-speakers.
§ 3-107 Duration and termination of emergency.
A state of emergency established under the code shall commence upon the declaration thereof by the mayor and shall terminate at the end of a period of five consecutive days thereafter, unless prior to the end of such five day period, the mayor shall either terminate such state of emergency or shall declare an additional state of emergency. Any such additional state of emergency shall commence and terminate as provided in section 3-104 and in this section.
§ 3-108 Violations.
Any knowing violation of a provision of any emergency measure established pursuant to this chapter shall be a class B misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than three months, or both.
§ 3-109 Definitions.
For the purposes of this chapter:
§ 3-110 Parking spaces.
§ 3-111 [Drug Enforcement and Drug Abuse Task Force.]
(1) The mayor shall appoint a drug enforcement and drug abuse task force which shall be chaired by the criminal justice coordinator and shall consist of, but not be limited to, representatives of the police department; human resources administration; department of health and mental hygiene; department of correction; department of housing preservation and development; department of finance; department of probation; and the criminal justice coordinator.
(2) The Substance Abuse Task Force shall request that the following agencies or officers send their own representatives to serve on this task force: Health and Hospitals Corporation; Board of Education; the New York County, Kings County, Queens County, Richmond County and Bronx County District Attorney’s offices; and the Special Narcotics Prosecutor.
§ 3-111 Safety program. [Repealed]
*§ 3-113 Notification of status of government services during severe weather conditions or other emergency.** ::
§ 3-113 [Citywide temporary emergency housing and associated services; reports; date.]*
(1) “Adult” shall mean an individual 18 years of age or older;
(2) “Adult families” shall mean families comprised of adults and no children under the age of 18;
(3) “Children” shall mean individuals under the age of 18;
(4) “City-administered facilities” shall mean hotels, shelters and other accommodations or associated services, managed by or provided under contract or similar agreement with any city agency, provided to individuals or families who need temporary emergency housing or assistance finding or maintaining stable housing;
(5) “DHS” shall mean the department of homeless services;
(6) “DHS-administered facilities” shall mean city-administered facilities managed directly by DHS or by a provider under contract or similar agreement with DHS;
(7) “DHS drop-in centers” shall mean city-administered facilities that provide single adults with hot meals, showers, laundry facilities, clothing, medical care, recreational space, employment referrals and/or housing placement services, but not overnight housing;
(8) “DHS faith-based beds” shall mean city-administered facilities that provide overnight housing to individuals, are affiliated with one or more religious groups and receive client referrals through organizations under contract with DHS;
(9) “DHS safe havens” shall mean city-administered facilities that provide low-threshold, harm-reduction housing to chronic street homeless individuals, who are referred to such facilities through a DHS outreach program, without the obligation of entering into other supportive and rehabilitative services in order to reduce barriers to temporary housing;
(10) “DHS stabilization beds” shall mean city-administered facilities that provide a short-term housing option for a chronic street homeless individual while such individual works with his/her outreach team to locate a more permanent housing option;
(11) “DHS veterans shelters” shall mean city-administered facilities that provide short-term housing for people who actively served in the United States military;
(12) “DYCD” shall mean the department of youth and community development;
(13) “DYCD-administered crisis shelters” shall mean city-administered facilities that provide short-term emergency housing for runaway and homeless youth and are managed by a provider under contract or similar agreement with DYCD;
(14) “DYCD-administered drop-in centers” shall mean city-administered facilities that provide runaway and homeless youth and their families with services, counseling and referrals from trained youth workers;
(15) “DYCD-administered facilities” shall mean city-administered facilities managed by a provider under contract or similar agreement with DYCD;
(16) “DYCD-administered transitional independent living facilities” shall mean city-administered facilities that provide long-term residential services to runaway and homeless youth for up to 18 months and are managed by a provider under contract or similar agreement with DYCD;
(17) “Families with children” shall mean families with children under the age of 18, couples including at least one pregnant woman, single pregnant women, or parents or grandparents with a pregnant individual;
(18) “HPD” shall mean the department of housing preservation and development;
(19) “HPD-administered facilities” shall mean city-administered facilities managed by a provider under contract or similar agreement with HPD;
(20) “HPD emergency facilities” shall mean shelters providing emergency shelter managed by a provider under contract or similar agreement with HPD;
(21) “HPD emergency hotels” shall mean hotels providing emergency shelter to individuals or families displaced from their homes managed by a provider under contract or similar agreement with HPD;
(22) “HRA” shall mean the human resources administration;
(23) “HRA-administered facilities” shall mean city-administered facilities managed directly by HRA or by a provider under contract or similar agreement with HRA, excluding non-emergency supportive housing;
(24) “HRA domestic violence shelters” shall mean shelters for victims of domestic violence managed directly by HRA or by a provider under contract or similar agreement with HRA;
(25) “HRA HASA emergency housing” shall mean single room occupancy hotels managed by a provider under contract or similar agreement with HRA to provide emergency shelter for recipients of services from the HIV/AIDS Services Administration;
(26) “HRA HASA transitional housing” shall mean congregate facilities managed by a provider under contract or similar agreement with HRA to provide emergency shelter for recipients of services from the HIV/AIDS Services Administration; and
(27) “Unduplicated” shall mean counted only once within the reporting period.
(1) average daily overnight census for each of the following categories:
A. DHS drop-in centers, disaggregated by single men, single women and total single adults; and
B. DHS faith-based facilities, disaggregated by single men, single women and total single adults.
(2) average daily overnight census; and
(3) number of unduplicated persons or families utilizing city-administered facilities for each of the following categories:
A. [Reserved.]
B. [Reserved.]
C. all DHS-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;
D. DHS safe havens, disaggregated by single men, single women and total single adults;
E. DHS stabilization beds, disaggregated by single men, single women and total single adults;
F. DHS veterans shelters, disaggregated by single men, single women and total single adults;
G. HPD-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;
H. HPD emergency facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;
I. HPD emergency hotels, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;
J. HRA-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;
K. HRA domestic violence shelters, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;
L. HRA HASA emergency housing, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;
M. HRA HASA transitional housing, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults; and
N. all city-administered facilities, excluding DYCD-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults.
(4) average monthly utilization rates; and
(5) number of unduplicated persons or families utilizing city-administered facilities for each of the following categories:
A. DYCD-administered facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;
B. DYCD-administered crisis shelters, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults;
C. DYCD- administered drop-in centers, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults; and
D. DYCD-administered transitional independent living facilities, disaggregated by families with children, adult families, total families, total adults in families, total children, single men, single women and total single adults.
(6) the number of individuals who are on wait-lists for DYCD-administered facilities, to the extent such wait-lists exist, disaggregated by:
A. type of DYCD-administered facility; and
B. families with children, adult families, total families, single men, single women, and total single adults.
(7) the average length of stay disaggregated by:
A. families with children, adult families, total families, single men, single women, and total single adults;
B. type of DHS-administered facility, excluding DHS drop-in centers and DHS faith-based beds;
C. type of DYCD-administered facility, excluding DYCD-administered drop-in centers;
D. type of HPD-administered facility; and
E. type of HRA-administered facility.
(8) the total number of facilities, disaggregated by DHS-administered facilities and facilities not administered by DHS.
(1) the total number of:
A. applications;
B. unduplicated applicants;
C. applicants found eligible for shelter;
D. entrants to DHS administered facilities; and
E. unduplicated entrants to DHS-administered facilities. The data required by subparagraphs A, B, C, D and E of this paragraph shall be disaggregated by families with children, adult families, total families, single men, single women, and total single adults;
(2) the number of families with children found eligible for city-administered facilities;
(3) the percentage of eligible families with children who submitted one application;
(4) the percentage of eligible families with children who submitted two applications;
(5) the percentage of eligible families with children who submitted three applications;
(6) the percentage of eligible families with children who submitted four applications;
(7) the percentage of eligible families with children who submitted five applications;
(8) the percentage of eligible families with children who submitted six applications or more;
(9) the number of adult families found eligible for city-administered facilities;
(10) the percentage of eligible adult families who submitted one application;
(11) the percentage of eligible adult families who submitted two applications;
(12) the percentage of eligible adult families who submitted three applications;
(13) the percentage of eligible adult families who submitted four applications;
(14) the percentage of eligible adult families who submitted five applications; and
(15) the percentage of eligible adult families who submitted six applications or more.
§ 3-113 Posting of executive orders and memoranda of understanding on the city’s website.*
(2) All mayoral executive orders issued on or after July 1, 2011 shall be provided to the council and posted on the city’s website within five business days from the date of execution.
(2) All memoranda of understanding or similar agreements entered into between city agencies and non-city governmental agencies that materially affect the rights of or procedures available to the public and could not be withheld from disclosure under article six of the public officers law shall be posted on the city’s website within thirty days after taking effect and thereafter during the period that they are in effect, unless their disclosure would impair the ability of the city to enter into such memoranda or agreements with such non-city agencies or impair law enforcement or emergency response operations.
(3) The posting requirements set forth in this subdivision shall not apply if posting could reasonably result in material adverse consequences for city agency operations.
§ 3-114 Agency liaisons.
§ 3-115 New York city identity card.
“Administering Agency” shall mean the agency that the mayor designates to administer the New York city identity card program.
“New York city identity card” shall mean an identification card issued by the city of New York pursuant to subdivision b of this section.
“Resident” shall mean person who can establish that he or she is a current resident of the city of New York pursuant to paragraph two of subdivision d of this section.
(1) The mayor shall designate an agency to administer the New York city identity card program. The administering agency shall promulgate all rules necessary to effectuate the purposes of this subchapter.
(2) The administering agency shall designate access sites, including at least one site located within each of the five boroughs of the city of New York, where applications for such card shall be made available for pick-up and submission. The administering agency shall also make applications available online.
(1) The New York city identity card shall display, at a minimum, the cardholder’s photograph, name, date of birth, address, and an expiration date, provided that the administering agency may by rule establish procedures to protect the addresses of victims of domestic violence or alternate requirements for applicants who lack a permanent address. Such card shall also, at the cardholder’s option, display the cardholder’s self-designated gender. Such identification card shall be designed in a manner to deter fraud.
(2) The New York city identity card shall be available to any resident of the city of New York, provided that such resident is able to meet the requirements for establishing his or her identity and residency set forth in subdivision d of this section and rules adopted by the administering agency pursuant to this section, including rules establishing a minimum age requirement for eligibility for the city identity card and any restrictions the administering agency deems appropriate for the protection of minors.
(3) The administering agency may establish a reasonable fee for applications for a New York city identity card, and if such a fee is established, shall adopt rules permitting residents who cannot afford to pay such fee to receive a full or partial waiver.
(1) Proof of identity. In order to establish identity, an applicant shall be required to produce one or more of the following documents:
(i) a U.S. or foreign passport;
(ii) a U.S. state driver’s license;
(iii) a U.S. state identification card;
(iv) a U.S. permanent resident card;
(v) a consular identification card;
(vi) a photo identification card with name, address, date of birth, and expiration date issued by another country to its citizens or nationals as an alternative to a passport for re-entry to the issuing country;
(vii) a certified copy of U.S. or foreign birth certificate;
(viii) a Social Security card;
(ix) a national identification card with photo, name, address, date of birth, and expiration date;
(x) a foreign driver’s license;
(xi) a U.S. or foreign military identification card;
(xii) a current visa issued by a government agency;
(xiii) a U.S. individual taxpayer identification number (ITIN) authorization letter;
(xiv) an electronic benefit transfer (EBT) card; or
(xv) any other documentation that the administering agency deems acceptable. The administering agency may by rule determine the weight to be given to each type of document provided in this paragraph, and require that an applicant produce more than one document to establish identity.
(2) Proof of residency. In order to establish residency, an applicant shall be required to produce one or more of the following items each of which must show the applicant’s name and residential address located within the city and must be dated no more than sixty days prior to the date such document is presented, except as otherwise indicated in this paragraph:
(i) a utility bill;
(ii) a current residential property lease;
(iii) a local property tax statement dated within one year of the date it is submitted;
(iv) a local real property mortgage payment receipt;
(v) a bank account statement;
(vi) proof that the applicant has a minor child currently enrolled in a school located within the city;
(vii) an employment pay stub;
(viii) a jury summons or court order issued by a federal or state court;
(ix) a federal or state income tax or refund statement dated within one year of the date it is submitted;
(x) an insurance bill (homeowner, renter, health, life, or automobile insurance);
(xi) written verification issued by a homeless shelter that receives city funding confirming at least fifteen days residency;
(xii) written verification issued by a hospital, health clinic or social services agency located within the city of New York confirming at least fifteen days residency; or
(xiii) Any other documentation that the administering agency deems acceptable.
(xiv) The administering agency may by rule determine the weight to be given to each type of document provided in this paragraph, and require that an applicant produce more than one document to establish residency. The administering agency shall by rule create alternative methods by which individuals who are homeless can establish residency in the city notwithstanding the lack of fixed address.
(1) Once every quarter the city shall destroy copies of records provided by applicants to prove identity or residency for a New York city identity card that have been retained more than two years, except where such records are required by law to be preserved as evidence for purposes of litigation.
(2) On or before December 31, 2016, the administering agency shall review data collected in the report described in subdivision h of this section and make a determination regarding the continuing need to retain records pursuant to paragraph one of this subdivision in order to effectively administer the New York city identity card program and shall make any appropriate modifications to the policy for retention of records related to the New York city identity card program.
(3) In the event that:
(i) the administering agency fails to make a determination on or before December 31, 2016 pursuant to paragraph (2) of this subdivision, or
(ii) the administering agency determines that records retention is no longer necessary, then the city shall not retain originals or copies of records provided by an applicant to prove identity or residency for a New York city identity card for longer than the time needed to review the application, and any such records in the city’s possession prior to such date shall be destroyed on or before December 31, 2016 or, in the case of an application pending on such date, as soon as practicable after a final determination has been made regarding the application. Nothing in this paragraph shall be construed to prevent the city from retaining records where such records are required by law to be preserved as evidence for purposes of litigation.
(4) To the maximum extent allowed by applicable federal and state law, information collected about applicants for the card shall be treated as confidential and may only be disclosed if:
(i) Authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual’s parent or legal guardian;
(ii) So ordered by a court of competent jurisdiction;
(iii) To a requesting city agency for the limited purpose of administering the New York city identity card program or determining or facilitating the applicant’s eligibility for additional benefits, services, and care, provided that such disclosure is made in accordance with all applicable federal and state privacy laws and regulations, and subject to the further requirement that such information shall not be redisclosed to any other governmental agency or entity, or third party; or
(iv) To a law enforcement agency that serves the administering agency a judicial subpoena or judicial warrant.
(5) The city shall not indicate on the application forms used to apply for a New York city identity card the type of records provided by an applicant to establish residency or identity.
(1) All city agencies shall accept such card as proof of identity and residency for access to city services unless (i) such acceptance is prohibited by federal or state law, (ii) additional documentation is required to obtain the benefits of a federal or state program, or (iii) the agency has reasonable grounds to believe that the card is counterfeit, altered, or improperly issued, or the individual presenting the card is not the individual to whom the card was issued.
(2) The city shall seek to encourage eligible persons to apply for the card and expand the benefits associated with the card, including, at a minimum, by promoting acceptance of the card by banks and other public and private institutions.
(3) City agencies shall not require the possession of a New York city identity card where identification is not already required to obtain city services, provided, however that agencies may require the possession of a New York city identity card to obtain benefits or privileges offered exclusively to those who possess a New York city identity card as an incentive to apply for a New York city identity card.
(1) the number of applications received by the city for the New York city identity card disaggregated by applicant borough of residency;
(2) the number of New York city identity cards issued;
(3) the number of New York city identity cards issued to minors;
(4) the number of requests made by city agencies for information collected about applicants for the New York city identity card disaggregated by requesting agency;
(5) the number of times the administering agency shared documents submitted by applicants to establish eligibility for the New York city identity card with other city agencies disaggregated by agency;
(6) the number of denials made to requesting agencies for information collected about applicants for the New York city identity card;
(7) the number of New York city identity card applicants whose information was disclosed to law enforcement, disaggregated by whether such disclosure was pursuant to a judicial warrant or judicial subpoena;
(8) the number of occurrences of fraud or other criminal activity related to issuance of the New York city identity card;
(9) the city’s efforts to conduct outreach to prospective applicants relating to the New York city identity card program;
(10) the city’s efforts to promote acceptance of the New York city identity card by banks and other public and private institutions;
(11) the types of services, other than city services, for which the New York city identity card is permitted as acceptable proof of identity and residency; and
(12) any other metric the administering agency deems appropriate, including but not limited to additional measures of fraudulent or other criminal activity related to the New York city identity card program. Such report shall be submitted on March 31, 2015 and every three months thereafter.
§ 3-116 Veterans receiving certain city services.
(1) “Fee-exempt mobile food vending license” means any license as required by section 17-307 of this code for which the annual fee is waived pursuant to subdivision e of section 17-308 of this code;
(2) “Food vending permit” means any permit as required by section 17-307 of this code;
(3) “General vending license” means a license as required by section 20-453 of this code;
(4) “HUD-VASH voucher” means any voucher funded by the United States department of housing and urban development and United States department of veterans affairs supportive housing program;
(5) “Mitchell-Lama housing” means any housing development organized pursuant to article two of the private housing finance law that is supervised by the department of housing preservation and development;
(6) “Veteran” means a person who has served in the active military service of the United States and who has been released from such service otherwise than by dishonorable discharge.
§ 3-117 Annual reporting on bail and the criminal justice system.*
Homeless youth. The term “homeless youth” means persons under the age of 21 who are in need of services and are without a place of shelter where supervision and care are available.
Runaway youth. The term “runaway youth” means persons under the age of 18 years who are absent from their legal residence without the consent of their parent, legal guardian or custodian.
Sexually exploited youth. The term “sexually exploited youth” means persons under the age of 18 who have been subject to sexual exploitation because they (a) are the victim of the crime of sex trafficking as defined in section 230.34 of the penal law; (b) engage in any act as defined in section 230.00 of the penal law; (c) are a victim of the crime of compelling prostitution as defined in section 230.33 of the penal law; (d) are a victim of the crime of sex trafficking of a child as defined in section 230.34-a of the penal law; or (e) engage in acts or conduct described in article 263 or section 240.37 of the penal law. The term shall also mean persons under the age of 18 who have been subject to incest in the third degree, second degree or first degree, as defined in sections 255.25, 255.26, and 255.27 of the penal law, respectively, or any of the sex offenses enumerated in article 130 of the penal law.
§ 3-119 Modification or removal of deed restrictions.
1. The department of citywide administrative services shall not modify or remove any deed restriction without the approval of the mayor pursuant to this section.
2. The department of housing preservation and development shall not modify or remove any deed restriction without the approval of the mayor or the deputy mayor for housing and economic development or the official occupying any successor position, or his or her designee.
1. There shall be a committee to review preliminary recommendations by the department of citywide administrative services to modify or remove deed restrictions. The committee shall consist of four members, who shall be:
i. the first deputy mayor or the official occupying any successor position, or their designee;
ii. the deputy mayor for housing and economic development or the official occupying any successor position, or their designee;
iii. the corporation counsel, or their designee; and
iv. the director of the office of management and budget, or their designee.
2. Such committee shall review the preliminary recommendation and accompanying materials submitted by the department of citywide administrative services and determine whether to approve such recommendation. In reaching such determination, the committee shall consider whether approval furthers the best interests of the city, pursuant to the factors set forth in subdivision a of section 25-802.
3. (a) The committee shall issue a written determination of its approval or denial of the department of citywide administrative services’ preliminary recommendation, including the committee’s determination to approve or modify the consideration amount required, if any, for the modification or removal of the deed restriction, as proposed by the department, and the reasons for reaching such determinations. Any modification of the consideration amount by the committee shall be based on the appraisals provided by the department and in accordance with the calculation method developed by the department pursuant to subdivision b of section 25-804.
(b) Within three business days of reaching such a determination, the committee shall post online and send notice of such determination by mail and electronic mail to the department of citywide administrative services, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.
(c) The committee may modify its determination in the event that updated appraisals are provided to the committee after the department submits its preliminary recommendation.
1. Following the receipt of the department of citywide administrative services’ final written recommendation for approval of a request to modify or remove a deed restriction submitted pursuant to section 25-805, the mayor, or the mayor’s designee, shall approve or deny such request. Such request shall only be approved upon a determination by the mayor that the proposed modification or removal is appropriate and furthers the best interests of the city.
2. Within three business days of reaching a determination of approval or denial of such request, the mayor shall post notice of such determination online and send notice of such determination by mail and electronic mail to the department of citywide administrative services, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.
1. The mayor or an agency or officer designated by the mayor shall maintain a searchable electronic database of all real property upon which a deed restriction was imposed on or after 1966 by the department of citywide administrative services and all requests for modification or removal of such deed restrictions made pursuant to the procedures set forth in chapter 8 of title 25. Data shall be added to such database as set forth in paragraph 2 of this subdivision and updates to such data shall be made not less than 30 days following any change to such data. Such database shall be posted on the city’s website, shall have the ability to produce reports by query, and shall be published to the city’s open data portal in a non-proprietary format that permits automated processing and shall include, but not be limited to, the following information:
i. The location of the property including the borough, community board district, block and lot number, and any commonly known name;
ii. The name and address of the person or entity to whom the property was disposed;
iii. A description of all restrictions contained in the deed to the property;
iv. A copy of or electronic link to the deed, lease that is for a term of 49 years or longer, or easement containing such restriction;
v. Information on requests for the modification or removal of a deed restriction made pursuant to the procedures set forth in chapter 8 of title 25, including, but not limited to, all information required to be posted online by the department for citywide administrative services pursuant to such section; and
vi. Any other information deemed relevant by the mayor or the agency or officer designated by the mayor to maintain such database.
2. Such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 2006. No later than one year following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1996. No later than two years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1986. No later than three years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1976. No later than four years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1966.
§ 3-119.1 Citywide census of vacant properties.
§ 3-119.2 Annual reporting on workplace sexual harassment.
Agency. The term “agency” has the same meaning as such term is defined in section 1150 of the charter and shall include the offices of the borough presidents, the comptroller and the public advocate.
Department. The term “department” means the department of citywide administrative services.
Reporting individual. The term “reporting individual” means a city job or internship applicant, or a current or former employee, intern, independent contractor or volunteer who brings forth a report of workplace sexual harassment.
Respondent. The term “respondent” means a city job or internship applicant, or a current or former employee, intern, independent contractor or volunteer accused of workplace sexual harassment who has entered into the agency’s official complaint process.
1. The number of such complaints that were filed;
2. Of those complaints in paragraph 1 of this subdivision, the number of complaints resolved;
3. Of those complaints in paragraph 2 of this subdivision, the number of complaints substantiated;
4. Of those complaints in paragraph 2 of this subdivision, the number of complaints not substantiated; and
5. The number of complaints in the agency’s official discrimination claim process that were closed because the complaint was withdrawn by the reporting individual prior to a final determination.
§ 3-120 Study on notification of public assistance eligibility.*
Notice. The term “notice” means a written communication sent through the mail or by electronic means.
Public assistance. The term “public assistance” means all forms of public benefits provided by the federal government, state of New York, or city of New York for which an individual may apply through the city including but not limited to: cash assistance; the home energy assistance program; medicaid; rent increase exemptions; child care subsidies; and the supplemental nutrition assistance program.
Renewal. The term “renewal” means the automatic or affirmative act of recertifying or re-applying for public assistance, as may be required on a periodic basis, for an individual already receiving such public assistance.
City administrative data. The term “administrative data” means data, including but not limited to individually identifiable data, that is maintained in databases managed by the city of New York, including but not limited to those maintained by the department of social services, the department of finance, the administration for children’s services, the department of small business services and the department of housing preservation and development.
Office. The term “office” means the office of operations established pursuant to section 15 of the charter or any other office or agency designated by the mayor.
1. Assessing the city’s technical ability to collect, disclose, and electronically transmit city administrative data, in a manner that complies with applicable law and city and agency policies, including data provided by every individual who submits an application for public assistance or is in receipt of public assistance, in order to determine likely qualification for additional public assistance using eligibility screening tool(s);
2. Identifying and assessing the means available to provide notice to an individual of any public assistance or additional public assistance for which an the individual may qualify. Such notice may include a copy of the relevant applications and instructions on how to apply for such public assistance. In instances where public assistance may be applied for or renewed online, the office shall consider how notice may include a link to access the application or renewal online, and the option for individuals to decline receiving applications or renewals in paper form;
3. Assessing the technical ability to provide pre-filled applications with information obtained from an individual’s initial public assistance application or other existing city administrative data, in a manner that complies with applicable law and city and agency policies, such assessment considering: (i) renewal applications where an individual is already receiving such public assistance, (ii) in instances where public assistance may be applied for or renewed online, how an individual may be provided with a link to securely access the applicable public benefit application online that has been pre-filled with information obtained from such individual’s last public benefit application along with instructions, and (iii) the implications of enabling individuals to decline receiving applications or renewals in paper form;
4. Considering the implications of notifying individuals of their likely eligibility for certain public assistance benefits that, if claimed, may affect their eligibility for existing or other public assistance benefits;
5. Identifying additional options for the city to provide individuals with assistance in completing public assistance applications, including but not limited to online, over the phone through 311 and at a city agency accepting public assistance applications.
§ 3-121 Client information management systems study.*
Client information management system. The term “client information management system” means any electronic software used to collect, record, or manage information about social services that individuals may apply for or receive.
Office. The term “office” means the office of operations established pursuant to section 15 of the charter or any other office or agency designated by the mayor.
1. Assessments of efforts to update and integrate the client information management systems of agencies that provide social services to city residents, including but not limited to the department of social services, the department of homeless services, the administration for children’s services, the department of education, and the department of housing preservation and development;
2. Strategies to help facilitate information sharing among such agencies so as to support improved inter-agency coordination of social services to city residents in a manner consistent with applicable laws and regulations, city and agency policies and technical requirements concerning the protection of individually identifiable information and student identifiable information;
3. Examination of how such agencies can use digital tools to interact with individuals served by such agencies, including but not limited to applying for social services, electronically uploading documents, reminders and updates by text message, electronic notification regarding available services, and potential technology investments;
4. Identification and recommendations of upgrades to client information management systems operated by the city and other governmental units that interact with client information management systems serving city residents; and
5. Recommendations of how the city can continue to monitor and evaluate existing client information management systems and updates to such systems in order to remain current in the use of technology to serve clients.
Editor’s note: Section 2 of L.L. 2018/075 provides that this section remains in effect until March 30, 2022, after which it shall be deemed repealed.
Subchapter 2: Office of Long-Term Planning and Sustainability
§ 3-120 Annual city food system metrics report.*
1. the number, size in acres, county and type of production of, and annual dollar amount of city financial support received by, farms participating in the watershed agricultural program;
2. the total dollar amount of expenditures by the department of education on milk and other food products that are subject to the United States department of agriculture country of origin labeling requirements, disaggregated and sorted by the product and country of origin in which the essential components of such food products were grown, agriculturally produced and harvested, to the extent such information is reported to the department of education. For any such product where there are multiple countries of origin, the total dollar amount of expenditures, disaggregated by product, shall be separately listed, to the extent such information is reported to the department of education. If the country of origin of milk or fresh whole produce is the United States, for the report due no later than September first, two thousand thirteen, and in every report thereafter, and to the extent such information is reported to the department of education, such report shall include the total dollar amount of expenditures on such milk or fresh whole produce that is local or regional. For purposes of this paragraph, milk or fresh whole produce shall be considered “local” if grown, agriculturally produced and harvested within New York state, and shall be considered “regional” if such food products were grown, agriculturally produced and harvested within the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia or West Virginia;
3. the location, sorted by community board and size in square feet, of each community garden located on city-owned property that is registered with and licensed by the department of parks and recreation, and whether each such garden engages in food production;
4. the number of food manufacturers receiving monetary benefits from the economic development corporation or industrial development agency and the annual dollar amount of such benefits per food manufacturer. For purposes of this paragraph, “food manufacturer” shall mean any natural person, partnership, corporation or other association that processes or fabricates food products from raw materials for commercial purposes, provided that it shall not include any establishment engaged solely in the warehousing, distribution or retail sale of products;
5. the daily number of truck and rail trips to or through Hunts Point Market for the purpose of delivering food to Hunts Point Market, to the extent such information is available. For purposes of this paragraph, “Hunts Point Market” shall mean the food distribution center located in Hunts Point in the borough of the Bronx, and shall include the meat, fish and produce markets operating at such location;
6. for the report due no later than September first, two thousand thirteen, and in every fifth report thereafter, the amount of grocery store space per capita, sorted by community board, and the number of grocery stores that opened during the past five calendar years, sorted by community board, to the extent such information is available. The office of long-term planning and sustainability shall request such information, as necessary, from the New York state department of agriculture and markets;
7. the number, community board, and number of employees, of grocery stores receiving financial benefits under the food retail expansion to support health program;
8. the number of establishments participating in the healthy bodega initiative administered by the department of health and mental hygiene, sorted by borough;
9. the number of job training programs administered by the department of small businesses services or the workforce investment board to aid individuals seeking work in food manufacturing, food supply, food service or related industries, sorted by borough;
10. the total number of meals served by city agencies or their contractors, including but not limited to meals served in public schools, hospitals, senior centers, correctional facilities, and homeless shelters, and not including food sold in vending machines or by a concessionaire, sorted by agency;
11. for each required city agency food standard developed pursuant to executive order number one hundred twenty-two, dated September nineteenth, two thousand eight, the total number of programs or other relevant entities that purchase, prepare or serve meals, not including food sold in vending machines or by a concessionaire, that are in full compliance with each such standard and the total number that are not in full compliance with each such standard, sorted by agency;
12. the number of and amount of annual revenue earned from vending machines located in facilities operated by the department of education;
13. the number of persons sixty-five years or older receiving benefits through the supplemental nutritional assistance program (“SNAP”) administered by the United States department of agriculture;
14. the number and description of, and dollar amount spent by, the human resources administration on SNAP outreach programs;
15. the number and description of, and dollar amount spent on, nutrition education programs administered by the human resources administration and department of health and mental hygiene;
16. the number of salad bars in public schools and in hospitals operated by the health and hospitals corporation, respectively, sorted by borough;
17. the total amount expended by the department of citywide administrative services to purchase water other than tap water;
18. information concerning the green cart initiative administered by the department of health and mental hygiene, including the number of applications for permits, the number of permits issued, the number of persons on the waiting list, the number of violations issued to green carts, the location of such carts when such violations were issued and, to the extent such information is available, the number of permit holders who accept electronic benefit transfer, sorted by borough;
19. the number of vendors at greenmarkets, farmers’ markets and similar markets operated by the council on the environment of New York city or any successor entity, and the average number of vendors at such markets, sorted by borough; and
20. for the report due no later than September first, two thousand fourteen, and in every report thereafter, contents of the report on food security as required by subdivision j of section 20 of the charter.
§ 3-121 Clean waterfront plan.*
1. “Director” shall mean the director of long-term planning and sustainability;
2. “Office” shall mean the office of long-term planning and sustainability; and
3. “Waterfront dumping” shall mean any violation of subdivision a of section 16-119 of this code that occurs in or upon any wharf, pier, dock, bulkhead, slip or waterway or other area, whether publicly or privately owned, that is adjacent to any wharf, pier, dock, bulkhead, slip or waterway, and any violation of section 22-112 of this code.
1. a determination as to whether the promulgation of rules is necessary to implement the clean waterfront plan and a description of the nature of those rules, if any;
2. the creation of an accessible and centralized source of information consisting of laws, rules and regulations that relate to the clean waterfront plan;
3. a protocol to coordinate with federal, state, and multi-state agencies and authorities that have jurisdiction over the port of New York and waterways in the city of New York in relation to promoting a clean waterfront;
4. a protocol to coordinate the enforcement of all applicable laws, rules and regulations that relate to the clean waterfront plan and the promotion of a clean waterfront by the office, the department of environmental protection, the department of sanitation, the department of small business services and, where necessary and practicable, the police department, and such other agencies as the mayor may designate, that would include, but need not be limited to, a survey to identify sites where waterfront dumping occurs or is likely to occur, periodic inspections of waterfront properties, and the posting of signs to discourage waterfront dumping, littering and the abandonment of vehicles, vessels and crafts on waterfront property; and
5. a public education and outreach program to increase awareness about the clean waterfront plan.
(i) the number of complaints received by the city concerning conduct that constitutes waterfront dumping, littering on any streets or public places located on waterfront property, the abandoning of vehicles, vessels and crafts on waterfront property and the improper handling and storage of merchandise and materials on wharves, piers, docks and bulkheads;
(ii) the number of summonses and notices of violation, respectively, issued by each agency for violations of any law, rule or regulation relating to waterfront dumping, littering on any streets or public places located on waterfront property, the abandoning of vehicles, vessels and crafts on waterfront property and the improper handling and storage of merchandise and materials on wharves, piers, docks and bulkheads;
(iii) the total amount of civil penalties imposed for such notices of violation by the environmental control board;
(iv) any changes made to the clean waterfront plan;
(v) a summary of any rules promulgated to implement the clean waterfront plan; and
(vi) recommendations for appropriate legislation and improved enforcement with respect to the clean waterfront plan.
2. In the report issued on or before April 1, 2018 the director shall make a recommendation on the necessity of future reports issued pursuant to this subdivision.
§ 3-122 New York city panel on climate change.
1. “Vulnerable populations” means persons or communities at increased risk of harm as a direct or indirect consequence of climate change based on one or more of the following risk factors: (i) proximity to disproportionally impacted areas; (ii) age, including senior citizen or minor status; (iii) income level; (iv) disability; (v) chronic or mental illness; and (vi) language.
2. “Public health” means impacts on physical health, mental health and social well-being and public or private services that treat and prevent disease, prolong life and promote health.
3. “Natural systems” means ecosystems and assets that provide ecologic benefits, including but not limited to waterbodies, trees, wetlands and parks.
4. “Critical infrastructure” means systems and assets, with the exception of residential and commercial buildings, that support vital city activities and for which the diminished functioning or destruction of such systems and assets would have a debilitating impact on public safety and/or economic security.
2. The panel shall make recommendations regarding (i) the near-, intermediate and long-term quantitative and qualitative climate change projections for the city of New York within one year of the release of an assessment report by the intergovernmental panel on climate change, but not less than once every three years; and (ii) a framework for stakeholders to incorporate climate change projections into their planning processes.
§ 3-123 New York city climate change adaptation task force.
2. Within one year of the development of recommended climate change projections pursuant to section 3-122 of this subchapter, the task force shall create an inventory of potential risks due to climate change to the city’s communities, vulnerable populations, public health, natural systems, critical infrastructure, including telecommunications, buildings and economy; develop adaptation strategies to address such risks that may include design guidelines for new infrastructure, and short and long-term resiliency recommendations for existing public and private telecommunications infrastructure, including an evaluation of wireless infrastructure; and identify issues for further study. A report with recommendations shall be issued based on this information and submitted to the mayor and the city council and shall be made available to the public.
3. The task force shall conduct outreach to telecommunication service providers, including all telecommunication service providers with a franchise agreement with the city, and request their cooperation in obtaining information relevant to the task force’s requirements under subdivision two of this section. The report will include a description of the efforts undertaken to obtain the cooperation of infrastructure providers and the results of such efforts, including specifically whether any such providers refused to cooperate.
§ 3-124 Study and report on the effects of wind on certain buildings.
1. An analysis to determine the types of existing buildings that are at risk of causing falling debris, based on the age, construction classification, construction methods and materials, height, and occupancy use of such buildings;
2. An analysis of the effects of wind on existing buildings that are raised, lifted, elevated or moved in order to comply with Appendix G of the New York city building code or to address flood hazard concerns;
3. An analysis of the effects of wind on buildings that are under construction, including the effects of wind on buildings with incomplete facade assemblies, temporary installations used in construction, and construction materials that are stored on construction sites;
4. An analysis of forecasts related to potential changes in the frequency, intensity, and path of future storm events along with consideration of whether climate change may impact wind speeds; and
5. An examination of the benefits of installing and maintaining weather stations across the city, including on high-rise buildings, to better understand localized wind patterns.
§ 3-125 Geothermal systems.
Criteria air pollutant. The term “criteria air pollutant” means a pollutant for which the United States environmental protection agency has set national ambient air quality standards pursuant to 40 CFR part 50.
Geothermal system. The term “geothermal system” means a geothermal system as defined in section one of local law number 32 for the year 2013.
Peak demand reduction. The term “peak demand reduction” means a reduced demand for electricity that occurs between 2 p.m. and 6 p.m., Monday through Friday from June 1 through September 30.
(a) Comparison of greenhouse gas emissions as a result of fuel and electricity consumption;
(b) Comparison of impacts on criteria air pollutant concentrations;
(c) Comparison of annual electricity consumption and impacts on peak demand reduction;
(d) Where applicable, comparison of a potential revenue stream generated from the peak demand reduction using a dollar metric;
(e) Comparison of fuel and power costs; and
(f) Comparison of the net present value of all alternatives considered, where such net present value shall:
(1) Be based on a 20-year life expectancy for each proposed option, unless a particular technology has a different life expectancy as documented by the manufacturer; and
(2) Include capital costs, operations and maintenance, fuel costs, available federal, state and other non-city governmental funding assistance, and the social cost of carbon value as provided in paragraph 3 or pursuant to paragraph 4; provided that a site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value provided in paragraph 3 or pursuant to paragraph 4 if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided in paragraph 3 or pursuant to paragraph 4.
2. If the geothermal system has the lowest net present value of all alternatives considered it shall be selected for implementation.
3. The social cost of carbon value shall be as follows:
| Year | Dollar value per metric ton of carbon dioxide equivalent |
|---|---|
| 2017 | 128 |
| 2018 | 132 |
| 2019 | 136 |
| 2020 | 140 |
| 2021 | 142 |
~
4. An office or agency designated by the mayor may by rule increase the social cost of carbon values provided in paragraph 3, and may promulgate rules establishing the social cost of carbon values for years after 2021, provided that any social cost of carbon value established by rule for years after 2021 may not be less than the social cost of carbon value for the year 2021 as provided in paragraph 3 and that any such rule shall disclose the social cost of carbon value, if any, determined by the United States environmental protection agency, for the year for which such rule establishes a social cost of carbon value.
1. A brief description of such project;
2. The street address of such project and the community district and council district in which such project is located;
3. Whether installation of a geothermal system for such project was determined to be cost-effective based on the use of the screening tool described in subdivision b of this section;
4. Whether installation of a geothermal system was selected for the project based on the detailed engineering and multi-criteria analysis pursuant to subdivision d of this section; and
5. Whether a geothermal system was installed for such project and, if not, the type of system installed.
1. Standards for the installation and maintenance of geothermal systems, including standards relating to assessing subsurface conditions and the design, commissioning, distribution and performance monitoring of such systems;
2. Required qualifications for persons who will design or install such systems;
3. Maintaining a publicly available registry of such persons;
4. Informing property owners and installers of geothermal systems regarding the potential benefits of coupling a photovoltaic system installation with a geothermal system for buildings within the city; and
5. The technical and regulatory feasibility of implementing a geothermal system for waterfront properties within the city by suspending closed loop coils or other heat exchange devices in the marine surface waters around the city.
§ 3-126 New York city energy policy.
Advisory subcommittee. The term “advisory subcommittee” means the New York city energy policy advisory subcommittee appointed to advise the city’s sustainability advisory board, as established by subdivision g of section 20 of the New York city charter, regarding the long-term energy goals of the city of New York.
Administering agency. The term “administering agency” means the office or agency designated by the mayor, pursuant to subdivision f of this section, to administer the provisions of this section.
Energy supply. The term “energy supply” means (i) power plants and any other facilities that generate energy that is used in the city; (ii) infrastructure that transmits or distributes energy that is used in the city; (iii) any fuels that are used in buildings or facilities in the city; and (iv) distributed generation sources of electricity, including cogeneration and energy storage facilities that are used in the city.
Renewable energy. The term “renewable energy” means energy generated from (i) hydropower, municipal solid waste, marine and hydrokinetic, wind, solar, biomass, geothermal, and biogas; (ii) any source that the administering agency determines is renewable; or (iii) any source that is determined by the administering agency to have a positive environmental impact or a substantially lower negative environmental impact than other sources of energy.
1. The administering agency shall convene a New York city energy policy advisory subcommittee.
2. The head of the administering agency or a designee of the mayor shall be the chair of the advisory subcommittee.
3. The mayor or his or her designee shall, in consultation with the speaker of the council, appoint the members of the advisory subcommittee. To the extent practicable, the appointed members shall include representatives of (i) governmental entities that regulate or have a significant interest in the development of the energy supply; (ii) energy utilities; (iii) the renewable energy industry; (iv) the energy industry; (v) consumer organizations advocating on energy issues; (vi) environmental advocacy organizations; (vii) licensed professional engineers; and (viii) other persons with experience or expertise deemed relevant by the mayor or his or her designee. Members of the advisory subcommittee shall serve without compensation and may be removed at any time by the mayor or his or her designee, in consultation with the speaker of the council.
1. A review of the current energy supply and capacity;
2. A summary of the current citywide energy demand and a projection of the future citywide energy demand over the next four years, or such longer period as the advisory subcommittee may deem appropriate, including (i) an identification of factors that may affect demand; (ii) specific recommendations regarding the capacity that could be added to the current energy supply to meet such projected demand after consideration of such factors; and (iii) actions the city could take in connection with such recommendations;
3. A list of each governmental entity that regulates or exercises any authority over the energy supply, in whole or in part, and, for each such entity, a description of its role with respect to the energy supply;
4. An estimate of the renewable energy sources within or directly connected to Zone J plus an accounting of energy efficiency measures and distributed generation that have been deployed in the city;
5. Specific recommendations for developing and integrating additional renewable energy sources and energy efficiency measures to the maximum extent possible, including actions the city could take in connection with such recommendations, and actions the city could advocate be taken by the state and federal government in connection with such recommendations.
1. Plans for providing information to city residents and other members of the public regarding energy efficiency initiatives and the purchase of renewable energy;
2. Plans for the dissemination of information to city residents and other members of the public about the benefits of and progress attained through such long-term energy plan; and
3. For any subsequent long-term energy plan, a review of the city’s objectives and recommendations established in the previous long-term energy plan.
1. An assessment of the feasibility of replacing in-city gas-fired power plants associated with the bulk power system with battery storage powered by renewable energy sources in a manner that is consistent with the New York state public service commission energy storage deployment policy developed pursuant to section 74 of the public service law;
2. An assessment of when such replacement, if feasible, can take place; and
3. A review of potential technologies for battery storage of energy.
§ 3-127 Map of areas most vulnerable to flooding; mitigation plan.
1. A map of areas in the city most vulnerable to increased flooding due to the anticipated effects of climate change, including but not limited to increased precipitation, coastal storms and sea level rise; and
2. A long-term plan for preventing or mitigating such increased flooding, and the effects thereof, in such areas.
§ 3-128 Efficiency and efficacy study of existing geothermal systems.
1. the cost of installing any such geothermal system;
2. any problems encountered in installing any such system and solutions developed to address such problems and any costs or savings associated with such solutions;
3. the cost of operating any such system, including energy consumption, maintenance, and other expenditures;
4. any problems encountered in operating any such system and solutions developed to address such problems;
5. an energy modeling analysis of the performance of any such system;
6. comparisons of such performance to the performance of conventional heating and cooling systems located in comparable city buildings; and
7. recommendations for continuing or expanding the use of geothermal systems.
§ 3-129 Study of beneficial reuse of dewatering discharge from the aquifers in Queens County.
1. An investigation of the flow, temperature, quality, consistency and reliability of discharge waters and recommended measures for beneficial reuse including, but not limited to, landscaping, grey water systems, and the extraction or deposition of heat energy from or to such waters for the purposes of heating and/or cooling buildings;
2. An investigation of alternatives to dewatering;
3. An evaluation of existing buildings that are owned or operated by the city or receive financial assistance from the city that have demonstrated continuous groundwater infiltration to basements and cellars for the purpose of determining the feasibility of dewatering and subsequently reusing discharge waters in an open loop heat pump system for heating and cooling such buildings;
4. An evaluation of existing groundwater conditions at each such building site to identify adverse groundwater quality and hydrogeological conditions, if any;
5. An analysis of the environmental impacts and permitting requirements related to the discharge of groundwater, specifically groundwater that has been heated or cooled and discharged to a surface water body or other surface structures;
6. An evaluation of possible impacts of potential sea level rise in southeastern Queens County on geothermal systems; and
7. If such beneficial reuse is not feasible, identification of impediments to such beneficial reuse, whether such impediments may be addressed by the city and, if so, any plans to address to such impediments.
§ 3-130 Pilot program to provide heating and/or cooling or other beneficial reuse of discharge waters from dewatering operations in southeastern Queens County.
Subchapter 3: Office of Veterans’ Affairs [Repealed]
§ 3-130 Employment resources. [Repealed]
*§ 3-131 Veteran liaisons. [Repealed]* ::
§ 3-132 Veterans’ advisory board electronic mail addresses. [Repealed]
*§ 3-133 Additional notice of public meetings of the veterans' advisory board. [Repealed]* ::
Subchapter 4: Office of Labor Standards
§ 3-140 Office of Labor Standards.
i. the number of complaints against employers filed with the office;
ii. the number of investigations conducted by the director;
iii. the results of each enforcement action undertaken by the director; and
iv. such other information as the director may deem appropriate.
Subchapter 5: Reports Related to Public Housing
§ 3-150 General.
Public housing. The term “public housing” means housing owned or operated by the New York city housing authority.
§ 3-151 Report on outcomes of services provided to public housing residents.
1. Outcomes of employment-related programs, including but not limited to:
(a) For each such program, the following information; provided that the term “employment program” includes, but is not limited to, the jobs-plus community revitalization initiative for public housing families as authorized by the omnibus consolidated rescissions and appropriations act of 1996, as enacted by section 204 of public law 104-134, such section 204 relating to public housing/section 8 moving to work demonstration, and as announced in page 66856 in number 244 of volume 61 of the federal register:
(1) Name of such program and date on which such program was initiated;
(2) Number of public housing residents who applied for such program;
(3) Number of public housing residents who were accepted and enrolled in such program;
(4) Number of public housing residents who were placed into full-time or part-time jobs through such program and the average wage of such residents;
(5) Number of public housing residents who received a referral for social services through such program;
(6) Number of public housing residents who enrolled in financial counseling services through such program;
(7) Number of public housing residents who enrolled in vocational training programs through such program;
(8) Number of public housing residents who enrolled in preparation courses for English for speakers of other languages (ESOL) or the test assessing secondary completion (TASC) through such program;
(9) Number of public housing residents who enrolled in college-readiness courses or participated in college-readiness activities through such program;
(b) Number of public housing residents who took the city civil service examination;
2. For each program that provides financial counseling or banking services, the following information:
(a) Name of such program and date on which such program was initiated;
(b) Number of public housing residents who received financial counseling or banking services through such program;
(c) Number of public housing residents who reported that their credit scores were improved through such program;
(d) Number of public housing residents who reported that their debt was reduced through such program;
(e) Number of public housing residents who reported that their savings increased through such program;
3. For each program that provides financial assistance to individuals for food, medical care or housing or otherwise for income support, the following information; provided that the term “program” as used in this paragraph includes, but is not limited to, the supplemental nutrition assistance program (SNAP), authorized under 7 U.S.C. Chapter 51, medicaid, authorized under subchapter xix of 42 U.S.C. Chapter 7, and medicare, authorized under subchapter xviii of 42 U.S.C. Chapter 7:
(a) Name of such program and date on which such program was initiated;
(b) Number of public housing residents who submitted applications for benefits under such program;
(c) Number of public housing residents who received benefits under such program;
(d) Number of public housing residents who were income-eligible for benefits under such program;
4. Adult education outcomes, including but not limited to:
(a) For each program that provides educational services for adults, the following information; provided that the term “program” as used in this paragraph includes, but is not limited to, the English for speakers of other languages (ESOL) and the adult basic education (ABE) program:
(1) Name of such program and date on which such program was initiated;
(2) Number of public housing residents who participated in such program;
(b) Number of public housing residents who passed the test assessing secondary completion (TASC); and
5. Outcomes of business-related programs that provide guidance, financing, or other assistance for developing business, including but not limited to:
(a) Name of such program and date on which such program was initiated;
(b) Number of public housing residents who enrolled in courses offered by such program or otherwise received guidance under such program;
§ 3-152 Three-quarter housing task force.
Rent allowance. The term “rent allowance” means the allowance provided pursuant to section 131-a of the social services law and paragraph (1) of subdivision (a) of section 352.3 of title 18 of the New York codes, rules and regulations.
Supportive housing. The term “supportive housing” means affordable, permanent housing with support services for residents.
Three-quarter housing. The term “three-quarter housing” means one- and two-family dwellings where 10 or more unrelated adults who receive a rent allowance are residing, but such term shall not include any nursing home as defined in section 2801 of the public health law or residential program for adults described in title two of article four of the social services law.
1. Addresses of one- and two-family dwellings where 10 or more unrelated adults who receive a rent allowance are residing,
2. All relevant information each respective agency has collected related to such dwellings, and
3. The addresses of one- and two-family dwellings where there is reason to suspect 10 or more unrelated adults who receive a rent allowance are residing based on complaints through 311 calls or any other mechanism.
1. The number of violations issued for each building inspected by agencies represented on the task force and identified as three-quarter housing, disaggregated by issuing agency, provided that each building shall be identified in such a way that does not disclose the building’s address; and
2. The number of individuals relocated from buildings inspected by the agencies represented on task force and identified as three-quarter housing, disaggregated by whether such individuals were given a rental assistance subsidy, the type of subsidy provided, and the type of housing to which the individual was relocated, including but not limited to private apartments, single room occupancy dwellings or temporary housing.
Subchapter 6: Gender, Racial and Income Equity
§ 3-160 Equity assessments.
Equity assessment. The term “equity assessment” means a systematic process of identifying policies and practices that may be implemented to address disparate outcomes on the basis of, at a minimum, gender, race, income, and sexual orientation, and any other relevant population characteristics that may be identified by the mayor.
Gender. The term “gender” includes actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.
Relevant city agencies. The term “relevant city agencies” means the department of health and mental hygiene, the administration for children’s services, the department of social services and any other agencies designated by the mayor.
1. Identify, and create a plan to address, any disparate outcomes based on gender, race, and income, and sexual orientation to the extent that relevant data is available, and any other population characteristics examined as part of equity assessments conducted by such agencies; and
2. Submit to the mayor a plan to address any disparate outcomes identified.
1. There shall be an equity committee created to:
(a) make recommendations to the relevant city agencies, after seeking input from other employees and officials of the city having the necessary expertise, with respect to the nature and scope of equity assessments, and the development and implementation of equity action plans;
(b) review publicly available reports required pursuant to subdivision d of this section; and
(c) make recommendations to the mayor and speaker based on such reports.
2. The committee shall consist of at least five members. The mayor shall appoint four members, including the chair of the committee, and the speaker shall appoint one member. Appointments to the committee shall occur within 90 days of the effective date of this section. Any vacancy in membership shall be filled in the same manner as the original appointment. The mayor shall have the discretion to appoint agency officials and outside experts to the committee, including, but not limited to, members of the commission on human rights and the commission on gender equity. Prior to the completion of the action plans, the committee shall meet as often as needed, as determined by the committee in consultation with the mayor, but not less than twice annually. The committee shall cease to exist following its submission to the mayor and the speaker of any recommendations it may make following its review of the third report required pursuant to subdivision d of this section.
§ 3-161 Gender and racial equity training.
Gender. The term “gender” includes actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the legal sex assigned to that person at birth.
Cultural competency. The term “cultural competency” means knowledge and skills that enable a person to appreciate, understand and interact with members of diverse populations within the local community.
Relevant city agencies. The term “relevant city agencies” means the department of health and mental hygiene, the administration for children’s services, the department of social services and any other agencies designated by the mayor.
Subchapter 7: Office of Data Analytics*
§ 3-170 General.*
Agency. The term “agency” means any agency, the head of which holds office upon appointment of the mayor and those units within the executive office of the mayor designated by the mayor to be covered by the provisions of chapter 16 of the charter. Such term does not include agencies headed by boards, commissions, or other multi-member bodies, whether appointed by the mayor or otherwise, nor to elected officials, nor to other agencies the heads of which are appointed by officials other than the mayor or by multi-member bodies.
Director. The term “director” means the director of the office of data analytics.
Machine-readable format. The term “machine-readable format” means a non-proprietary format that permits automated processing.
Office. The term “office” means the office of data analytics.
Open source analytics library. The term “open source analytics library” means the website where the source code for data analytics projects are shared and maintained by the mayor’s office of data analytics.
§ 3-171 Pay and employment equity data.*
2. Pay bands for such report as required by paragraph 1 of this subdivision shall be for $2,500, $5,000 and $10,000; however, the department of citywide administrative services, in conjunction with the office, may determine by rule other appropriate pay bands, if any, that will maximize the level of detail at which data is reported.
1. Pay;
2. Employment rates; and
3. Retention rates.
Subchapter 7: Office to End Domestic and Gender-Based Violence*
§ 3-170 Definitions.*
For the purposes of this subchapter, the following terms have the following meanings:
Domestic violence. The term “domestic violence” means acts or threats of violence, not including acts of self-defense, committed by a family or household member against another family or household member.
Family justice center. The term “family justice center” means the centers and any successor locations through which the office or successor entity provides criminal justice, civil legal, and social services to victims of domestic violence and gender-based violence.
Family or household member. The term “family or household member” means the following individuals: (i) persons related by consanguinity or affinity; (ii) persons legally married to one another; (iii) persons formerly married to one another regardless of whether they still reside in the same household; (iv) persons who have a child in common regardless of whether such persons have been married or have lived together at any time; (v) persons not legally married, but currently living together in a family-type relationship; and (vi) persons not legally married, but who have formerly lived together in a family-type relationship.
Office. The term “office” means the office to end domestic and gender-based violence.
§ 3-171 Reporting on domestic violence initiatives, indicators, and factors.*
On June 1, 2019, and no later than January 31 annually thereafter, the office shall submit to the mayor and speaker of the council and post on its website an annual report regarding certain domestic violence initiatives, indicators, and factors. Such report shall include, but need not be limited to:
§ 3-172 Outreach to cosmetologists.
1. Connecting cosmetologists to trainings conducted by the office;
2. Making available online a toolkit tailored to cosmetology that includes, but need not be limited to, information on recognizing signs of domestic violence in clients; and
3. Providing cosmetologists with information about resources available for victims of domestic violence across the five boroughs.
§ 3-173 Service satisfaction surveys.
The office shall provide all individuals receiving services at family justice centers with service satisfaction surveys during client visits. The family justice centers shall post a sign regarding the availability of this survey in a conspicuous place. Completion of such surveys shall be anonymous and shall not be mandatory. Not later than November 1, 2019, and annually thereafter, the office shall submit to the speaker of the council and post on its website the service satisfaction survey questions and all data aggregated from the service satisfaction surveys, completed from July 1 of the prior year to June 30 of the current year, disaggregated by borough. Such data shall include, where available, the type of service received by the individual completing the survey, whether the individual completing the survey utilized interpretation services and if so, in what language, and any other factors that may be appropriate.
Subchapter 1: [Council Districts; Powers and Duties]
§ 3-201 Councilmanic flag.
The official flag of the council shall be the same in design as the official flag of the city, except that upon the middle or white bar there shall be below the design of the seal, in a straight line, the word “Council”; the dimensions of such flag shall be the same as the standard size of flags used for state and parade occasions.
§ 3-202 Council districts.
1. First district. That part of the Borough of Staten Island bounded by a line described as follows: BEGINNING at a point in waters of Arthur Kill between border lines of New Jersey, and Richmond County, at Goethals Bridge, proceeding southeast, to Railroad cut, then proceeding east, to Gulf Avenue, to Staten Island Expressway, to Bengal Avenue, to Fahy Avenue, to Arlene Street, to Lander Avenue, to Richmond Avenue, to Victory Boulevard, to Willowbrook Road, to Watchogue Road, to Victory Boulevard, to Manor Road, to Ocean Terrace, to Todt Hill Road, to Richmond Road, proceeding northerly, to Cromwell Avenue, to Hylan Boulevard, to Old Town Road, to Staten Island Rapid Transit Line, proceeding north on Staten Island Rapid Transit Line, to West Fingerboard Road, to Steuben Street, to Hylan Boulevard, to Hickory Avenue, to McClean Avenue, to Lily Pond Avenue, extended to waters of the Atlantic Ocean; thence southerly and westerly through waters of the Atlantic Ocean, Raritan Bay, to the waters of Arthur Kill, along the intersection New Jersey-New York Line, proceeding northerly and including Island of Meadows, and Pralls Island, to the point or place of beginning.
2. Second district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the East River at East Twentieth Street extended, to East Twentieth Street, to First Avenue, to East Fourteenth Street, to Fourth Avenue, to East Eighth Street, to Broadway, to West Houston Street, to West Houston Street extended in the waters of the Hudson River, thence southerly, easterly, and northerly, along the East River, to the point or place of beginning; this District is intended to include that part of the City of New York known as Governor’s Island, Ellis Island and Liberty Island, (Bedloe’s Island).
3. Third district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the Hudson River, at West Houston Street extended, to West Houston Street, to Broadway, to East Eighth Street, to Fourth Avenue, to East Fourteenth Street, to First Avenue, to East Twentieth Street, to East Twentieth Street extended in the waters of the East River, north to East Thirty-ninth Street extended in the waters of the East River, west on East Thirty-ninth Street and its easterly prolongation to Second Avenue, to East Sixtieth Street, to Fifth Avenue, to Central Park South, to Avenue of the Americas, to West Fifty-fifth Street, to Seventh Avenue, to West Forty-eighth Street, to Eighth Avenue, to West Twenty-ninth Street, to Tenth Avenue, to West Thirty-sixth Street, to West Thirty-sixth Street extended to the waters of the Hudson River, thence southerly to the point or place of beginning.
4. Fourth district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the Hudson River at the Manhattan borough line and West Ninety-ninth Street extended, to West Ninety-ninth Street, to Broadway, to West Ninety-eighth Street, to Amsterdam Avenue, to West One Hundredth Street, to Central Park West, to Central Park South, to Avenue of the Americas, to West Fifty-fifth Street, to Seventh Avenue, to West Forty-eighth Street, to Eighth Avenue, to West Twenty-ninth Street, to Tenth Avenue, to West Thirty-sixth Street, extended into the waters of the Hudson River to the Manhattan borough line, thence northerly along said borough line to the point or place of beginning.
5. Fifth district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the Hudson River at the Manhattan borough line and West One Hundred Thirteenth Street extended, to West One Hundred Thirteenth Street, to Amsterdam Avenue, to Cathedral Parkway–Central Park North, to Fifth Avenue, to West One Hundred Twentieth Street, to Mount Morris Park West, to West One Hundred Twenty-fourth Street, to Fifth Avenue, to East One Hundred Thirty-second Street, extended into the waters of the Harlem River to the Manhattan borough line, thence northerly along said borough line to West One Hundred Sixty-fifth Street extended, to the Harlem River Drive, to Saint Nicholas Place, to West One Hundred Fifty-first Street, to Saint Nicholas Avenue, to West One Hundred Fifty-second Street, to Amsterdam Avenue, to West One Hundred Fifty-first Street, to Broadway, to West One Hundred Fiftieth Street, extended into the waters of the Hudson River to the Manhattan borough line, thence southerly along said borough line to the point or place of beginning.
6. Sixth district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the Hudson River at the Manhattan borough line at West One Hundred Fiftieth Street extended, to West One Hundred Fiftieth Street, to Broadway, to West One Hundred Fifty-first Street, to Amsterdam Avenue, to West One Hundred Fifty-second Street, to Saint Nicholas Avenue, to West One Hundred Fifty-first Street, to Saint Nicholas Place, to the Harlem River Drive, to West One Hundred Sixty-fifth Street extended, into the waters of the Harlem River to the Manhattan borough line, thence northerly, westerly and southerly along said borough line to the point or place of beginning.
7. Seventh district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the East River at the easterly prolongation of East Thirty-ninth Street extended to Franklin D. Roosevelt Drive along said East Thirty-ninth Street, to Second Avenue, to Sixtieth Street, to Fifth Avenue, to Central Park South, to Central Park West, to West Eighty-sixth Street, proceeding easterly through Central Park, to East Eighty-fourth Street, to Madison Avenue, to East Eighty-sixth Street, to Park Avenue, to East Ninety-first Street, to Lexington Avenue, to East Ninety-second Street, to First Avenue, to East Ninety-sixth Street extended into the waters of the East River, thence running southerly to the point or place of beginning; this district is intended to include that part of the City of New York known as Franklin D. Roosevelt Island.
8. Eighth district. That part of the Borough of Manhattan bounded by a line described as follows: BEGINNING at a point in the waters of the East River at the Manhattan borough line and East Ninety-sixth Street extended, to East Ninety-sixth Street, to First Avenue, to East Ninety-second Street, to Lexington Avenue, to East Ninety-first Street, to Park Avenue, to East Eighty-sixth Street, to Madison Avenue, to East Eighty-fourth Street, thence through Central Park to Central Park West at West Eighty-sixth Street, to West One Hundredth Street, to Amsterdam Avenue, to West Ninety-eighth Street, to Broadway, to West Ninety-ninth Street, extended into the waters of the Hudson River to the Manhattan borough line, thence northerly along said borough line to West One Hundred Thirteenth Street extended, to West One Hundred Thirteenth Street, to Amsterdam Avenue, to Cathedral Parkway – Central Park North, to Fifth Avenue, to East One Hundred Twentieth Street, to Mount Morris Park West, to West One Hundred Twenty-fourth Street, to Fifth Avenue, to East One Hundred Thirty-second Street, extended into the waters of the Harlem River to the Manhattan borough line, thence southerly along said borough line to the point or place of beginning. This district is intended to include that part of the City of New York known as Randall’s Island and Ward’s Island; this district is further intended to include that part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point in the Harlem River at the Macombs Dam Bridge, extended along the Macombs Dam Bridge, to Jerome Avenue, to East One Hundred Sixty-fifth Street, to Gerard Avenue, to East One Hundred Sixty-fourth Street, to Grand Concourse, to East One Hundred Fifty-third Street, to Morris Avenue, to Third Avenue, to Major Deegan Expressway, to Bruckner Boulevard, to Leggett Avenue, to Truxton Street, to Spofford Avenue, to Halleck Street, to Ryawa Avenue, to Manida Street, extended into the waters of the East River to the Bronx borough line, thence westerly and northerly along said borough line to the point or place of beginning. This District is intended to include that part of the City of New York known as North Brother Island and South Brother Island.
9. Ninth district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point at the intersection of the Bronx borough line and West Kingsbridge Road, to Major Deegan Expressway, to West Two Hundred Thirtieth Street, to Kingsbridge Terrace, to West Two Hundred Twenty-ninth Street, to Sedgwick Avenue, to Fordham Road, to University Avenue, to Burnside Avenue, to Jerome Avenue, to East One Hundred Sixty-eighth Street, to Grand Concourse, to East One Hundred Seventy-second Street, to Teller Avenue, to East One Hundred Seventieth Street, to East One Hundred Seventy-first Street, to Third Avenue, to Saint Paul’s Place, to Crotona Park South, to Crotona Avenue, to Prospect Avenue, to East One Hundred Sixty-fifth Street, to Union Avenue, to East One Hundred Sixty-first Street, to Third Avenue, to East One Hundred Fifty-ninth Street, to Courtlandt Avenue, to East One Hundred Fifty-sixth Street, to Melrose Avenue, to Third Avenue, to Morris Avenue, to East One Hundred Fifty-third Street, to Grand Concourse, to East One Hundred Sixty-fourth Street, to Gerard Avenue, to East One Hundred Sixty-fifth Street, to Jerome Avenue, extended into the waters of the Harlem River to the Bronx borough line, thence northerly along said borough line to the point or place of beginning.
10. Tenth district. The part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point where the Bronx-Westchester County line intersects the Hutchinson River Parkway, thence southerly along the Hutchinson River Parkway, to the Hutchinson River, thence easterly in the waters of said River, to the Harlem River Division Penn Central Railroad tracks, thence southerly along said Railroad tracks, to Hunter Avenue, to Hutchinson River Parkway, to the New England Thruway, to Conner Street, to Provost Avenue, to Light Street, to Harper Avenue, to Garrett Place, to Pratt Avenue, to East Two Hundred Thirty-third Street, to Monticello Avenue, to Strang Avenue, to Myrdok Avenue, to Edenwald Avenue, to Wylder Avenue, to Pitman Avenue, to Barnes Avenue, to East Two Hundred Thirty-third Street, to White Plains Road, to East Two Hundred Thirtieth Street, to Carpenter Avenue, to East Two Hundred Twenty-ninth Street, to Bronx Boulevard, to East Gun Hill Road, to the Harlem Division Penn Central Railroad tracks, to East Two Hundred Eleventh Street, to Perry Avenue, to East Two Hundred Fifth Street, to Bainbridge Avenue, to East Mosholu Parkway South, to Briggs Avenue, to Bedford Park Boulevard, to Grand Concourse, to East One Hundred Ninety-eighth Street, to Jerome Avenue, to Kingsbridge Road, to University Avenue, to West One Hundred Ninetieth Street, to Webb Avenue, to Sedgwick Avenue, to West Two Hundred Twenty-ninth Street, to Kingsbridge Terrace, to West Two Hundred Thirtieth Street, to Major Deegan Expressway, to West Kingsbridge Road, to the Bronx borough line, thence westerly, northerly and easterly along said borough line to the point or place of beginning.
11. Eleventh district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point in the waters of the East River at the intersection of the Bronx-Queens County line and Olmstead Avenue extended, thence northerly through the waters of Pugsley’s Creek, to Lacombe Avenue, to Olmstead Avenue, to Lafayette Avenue, to Pugsley Avenue, to Cross Bronx Expressway, to East One Hundred Seventy-seventh Street, to DeVoe Avenue, to East Tremont Avenue, to Bronx Street, to East One Hundred Eightieth Street, to Boston Road, to Bronx Park South, to Vyse Avenue, to Cross Bronx Expressway, to Sheridan Expressway, to East One Hundred Sixty-fifth Street, to Westchester Avenue, to East One Hundred Sixty-fifth Street, to Union Avenue, to East One Hundred Sixty-first Street, to Third Avenue, to East One Hundred Fifty-ninth Street, to Courtlandt Avenue, to East One Hundred Fifty-sixth Street, to Melrose Avenue, to Third Avenue, to Major Deegan Expressway, to Bruckner Boulevard, to Leggett Avenue, to Truxton Street, to Spofford Avenue, to Halleck Street, to Ryawa Avenue, to Manida Street, extended into the waters of the East River to the Bronx borough line, thence easterly and northerly along said borough line to the point or place of beginning; this District is intended to include that part of the City of New York known as Riker’s Island.
12. Twelfth district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point in the waters of the East River at the intersection of the Bronx-Queens County line and Olmstead Avenue extended, thence northerly through the waters of Pugsley’s Creek, to Lacombe Avenue, to Olmstead Avenue, to Lafayette Avenue, to Pugsley Avenue, to Cross Bronx Expressway, to East One Hundred Seventy-seventh Street, to Devoe Avenue, to East Tremont Avenue, to Bronx Street, to East One Hundred Eightieth Street, to Boston Road, to Bronx Park South, to Southern Boulevard, to Fordham Road, to Pelham Parkway, to Burr Avenue, to Bruckner Expressway, to Middletown Road, to Stadium Avenue, to Watt Avenue, extended to the waters of Long Island Sound, thence northerly and easterly to the Bronx borough line, thence southerly and westerly along said borough line to the point or place of beginning; this District is intended to include that part of the City of New York known as City Island and Hart Island.
13. Thirteenth district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point at the intersection of Sedgwick Avenue and Fordham Road, thence easterly along Fordham Road, to University Avenue, to West Burnside Avenue, to Jerome Avenue, to East One Hundred Sixty-eighth Street, to Grand Concourse, to East One Hundred Seventy-second Street, to Teller Avenue, to East One Hundred Seventieth Street, to East One Hundred Seventy-first Street, to Third Avenue, to Saint Paul’s Place, to Crotona Park South, to Crotona Avenue, to Prospect Avenue, to East One Hundred Sixty-fifth Street, to Westchester Avenue, to East One Hundred Sixty-fifth Street, to Sheridan Expressway, to Cross Bronx Expressway, to Vyse Avenue, to Bronx Park South, to East One Hundred Eighty-second Street, to Quarry Road, to East One Hundred Eighty-first Street, to Third Avenue, to East One Hundred Eighty-second Street, to Park Avenue, to Fordham Road, to Webster Avenue, to East One Hundred Ninety-eighth Street, to Jerome Avenue, to Kingsbridge Road, to University Avenue, to West One Hundred Ninetieth Street, to Webb Avenue, to Sedgwick Avenue, to the point or place of beginning.
14. Fourteenth district. That part of the Borough of the Bronx bounded by a line described as follows: BEGINNING at a point where the Bronx-Westchester County line intersects the Hutchinson River Parkway, thence southerly along the Hutchinson River Parkway, to the Hutchinson River, thence easterly in the waters of said River, to the Harlem River Division Penn Central Railroad tracks, thence southerly along said Railroad tracks, to Hunter Avenue, to Hutchinson River Parkway, to the New England Thruway, to Conner Street, to Provost Avenue, to Light Street, to Harper Avenue, to Garrett Place, to Pratt Avenue, to East Two Hundred Thirty-third Street, to Monticello Avenue, to Strang Avenue, to Murdock Avenue, to Edenwald Avenue, to Wilder Avenue, to Pitman Avenue, to Barnes Avenue, to East Two Hundred Thirty-third Street, to White Plains Road, to East Two Hundred Thirtieth Street, to Carpenter Avenue, to East Two Hundred Twenty-ninth Street, to Bronx Boulevard, to East Gun Hill Road, to the Harlem Division Penn Central Railroad tracks, to East Two Hundred Eleventh Street, to Perry Avenue, to East Two Hundred Fifth Street, to Bainbridge Avenue, to East Mosholu Parkway South, to Briggs Avenue, to Bedford Park Boulevard, to Grand Concourse, to East One Hundred Ninety-eighth Street, to Webster Avenue, to Fordham Road, to Park Avenue, to East One Hundred Eighty-second Street, to Third Avenue, to East One Hundred Eighty-first Street, to Quarry Road, to East One Hundred Eighty-second Street, to Southern Boulevard, to Fordham Road, to Pelham Parkway, to Burr Avenue, to Bruckner Expressway, to Middletown Road, to Stadium Avenue, to Watt Avenue, extended to the waters of Long Island Sound, thence northerly to the Bronx-Westchester County line, thence westerly along said County line to the point or place of beginning.
15. Fifteenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point in the waters of the Atlantic Ocean, proceeding easterly along the Brooklyn-Queens borough line, into Rockaway Inlet, thence, easterly and northerly along the border of the Brooklyn-Queens borough line, through Spring Creek following the Brooklyn-Queens borough line, to One Hundred Fifty-fifth Avenue, proceeding north on Sapphire Street, to Dumont Avenue, to Ruby Street, to Liberty Avenue, to Drew Street, to Ninety-fifth Avenue, to Eldert Lane, extended to the Brooklyn-Queens borough line, following said Brooklyn-Queens borough line, westerly to Sunnyside Park, north to Robert Place, to Robert Street, to Hendricks Street, to Vermont Avenue, following the Brooklyn-Queens borough line through the Cemetery of the Evergreens, to Irving Avenue, to Eldert Street, to Wycoff Avenue, to Gates Avenue, to Nicholas Avenue, to Menahan Street, to Cypress Avenue, to Stanhope Street, to Grandview Avenue, to Gates Avenue, to Forest Avenue, to Putman Avenue, to Woodward Avenue, to Catalpa Avenue, to Fresh Pond Road, to Myrtle Avenue, to Central Avenue, to Sixty-sixth Street, to Myrtle Avenue, to Eighty-eighth Street, to Eighty-third Drive, to Eighty-ninth Street, to Myrtle Avenue, to Woodhaven Boulevard, to Jamaica Avenue, to Eighty-seventh Street, to Atlantic Avenue, to Ninety-second Street, to Ninety-seventh Avenue, to Eighty-eighth Street, to Rockaway Boulevard, to Cross Bay Boulevard, to North Conduit Avenue, to Cohancy Street, proceeding southerly, to South Conduit Avenue, to Nassau Expressway, to One Hundred Fiftieth Street, running thence easterly and southerly along the northerly and easterly and southerly borders of the John F. Kennedy International Airport, thence following the Queens-Nassau County borderline to the Atlantic Ocean, thence westerly, including that part of the City of New York known as the Rockaways to the point or place of beginning.
16. Sixteenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where the Queens-Nassau County boundary line intersects Twenty-fourth Avenue, extended into the waters of Little Neck Bay, to the Cross Island Parkway, thence southerly, to Thirty-seventh Avenue, thence easterly across Little Neck Bay along Thirty-seventh Avenue, to Two Hundred Thirty-third Street, to Bay Street, to Two Hundred Thirty-fourth Street, thence westerly across Little Neck Bay, to Forty-first Avenue, to Two Hundred Fifteenth Street, to Northern Boulevard, to Clearview Expressway, to Forty-fifth Road, to Francis Lewis Boulevard, to Forty-fifth Avenue, to One Hundred Ninety-second Street, to Forty-seventh Avenue, to Auburndale Lane, to Meadow Road, to Fresh Meadow Lane, to Long Island Expressway, to Bell Boulevard, to Sixty-seventh Avenue, to Two Hundred Ninth Street, to Richland Avenue, to Hollis Court Boulevard, to Union Turnpike, to Utopia Parkway, southerly, to Home Lawn Street, to One Hundred Seventieth Street, to Jamaica Avenue, to Hollis Avenue, to Ninety-ninth Avenue, to Francis Lewis Boulevard, to Jamaica Avenue, to Two Hundred Eleventh Street, to Hollis Avenue, to Two Hundred Thirteenth Street, to Witthoff Street, to Two Hundred Twelfth Street, to One Hundred Fifteenth Avenue, to Two Hundred Twenty-fourth Street, to One Hundred Fifteenth Road, to Two Hundred Thirtieth Street, to One Hundred Fifteenth Avenue, to Cross Island Parkway, to Queens-Nassau County boundary line, thence proceeding northerly and easterly to the point or place of beginning.
17. Seventeenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where Jamaica Avenue intersects Sutphin Boulevard, thence along Jamaica Avenue, to Hollis Avenue, to Ninety-ninth Avenue, to Francis Lewis Boulevard, to Jamaica Avenue, to Two Hundred Eleventh Street, to Hollis Avenue, to Two Hundred Thirteenth Street, to Witthoff Street, to Two Hundred Twelfth Street, to One Hundred Fifteenth Avenue, to Two Hundred Twenty-fourth Street, to One Hundred Fifteenth Road, to Two Hundred Thirtieth Street, to One Hundred Fifteenth Avenue, to the Cross Island Parkway, to the Queens-Nassau County boundary line, proceeding southerly along said line to the point where Quigley Boulevard intersects Rockaway Boulevard, thence proceeding northerly and westerly along the John F. Kennedy International Airport, to One Hundred Fiftieth Street, to North Conduit Avenue, to Van Wyck Expressway, to Rockaway Boulevard, to One Hundred Sixteenth Avenue, to Sutphin Boulevard, to the point or place of beginning.
18. Eighteenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where Jamaica Avenue, intersects Sutphin Boulevard, proceeding easterly along Jamaica Avenue, to One Hundred Seventieth Street, to Hillside Avenue, to Home Lawn Street, to Union Turnpike easterly, to Hollis Court Boulevard, to Richland Avenue, to Two Hundred Tenth Street, to Sixty-seventh Avenue, to Bell Boulevard, to Long Island Expressway westerly to Fresh Meadow Lane, to Booth Memorial Avenue, to One Hundred Sixty-fourth Street, to Oak Avenue, to Parsons Boulevard, to Kalmia Avenue, to One Hundred Fifty-sixth Street, to Forty-sixth Avenue, to Parsons Boulevard, to Forty-fifth Avenue, to Kissena Boulevard, to Elder Avenue, to Main Street, to Peck Avenue, to Elder Avenue, to One Hundred Thirty-third Street, to Booth Memorial Avenue, to College Point Boulevard, to Park Drive East, to the end of Park Drive East, thence easterly along the northern boundary of Grand Central Parkway, to Main Street, to Manton Street, to One Hundred Thirty-fourth Street, to Interborough Parkway, to Park Lane, to Park Lane South, to Metropolitan Avenue, to Van Wyck Expressway, to Altantic Avenue, to One Hundred Twenty-seventh Street, to One Hundred Third Avenue, to One Hundred Thirty-first Street, to One Hundred Ninth Avenue, to One Hundred Twenty-fourth Street, to Rockaway Boulevard, westerly, to One Hundred Twenty-third Street, to One Hundred Thirty-third Avenue, to One Hundred Fourteenth Street, to North Conduit Avenue, to Hawtree Avenue southerly, to Cohancy Street, to Nassau Expressway, to One Hundred Fiftieth Street, to North Conduit Avenue, to Van Wyck Expressway, to Rockaway Boulevard, to One Hundred Sixteenth Avenue, to Sutphin Boulevard, to the point or place of beginning.
19. Nineteenth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where the Queens-Nassau County boundary line intersects Twenty-fourth Avenue, extended into the waters of Little Neck Bay, to Cross Island Parkway, thence southerly, to Thirty-seventh Avenue, thence easterly across Little Neck Bay, along Thirty-seventh Avenue, to Two Hundred Thirty-third Street, to Bay Street, to Two Hundred Thirty-fourth Street, thence westerly across Little Neck Bay, to Forty-first Avenue, to Two Hundred Fifteenth Street, to Northern Boulevard, to Clearview Expressway, to Forty-fifth Road, to Francis Lewis Boulevard, to Forty-fifth Avenue, to One Hundred Ninety-second Street, to Forty-seventh Avenue, to Auburndale Lane, to Meadow Road, to Fresh Meadow Lane, to Booth Memorial Avenue, to One Hundred Sixty-fourth Street, to Oak Avenue, to Parsons Boulevard, to Kalmia Avenue, to One Hundred Fifty-sixth Street, to Forty-sixth Avenue, to Parsons Boulevard, to Forty-fifth Avenue, to Kissena Boulevard, to Elder Avenue, to Main Street, to Peck Avenue, to Elder Avenue, to One Hundred Thirty-third Street, to Booth Memorial Road, to College Point Boulevard, to Long Island Expressway, to the southwest corner of Flushing Meadow Park, proceeding north around said park, to Forty-fifth Avenue, to One Hundred Second Street, to Roosevelt Avenue, to Ninety-ninth Street, to Thirty-fifth Avenue, to Ninety-seventh Street, to Northern Boulevard, to College Point Boulevard, to Whitestone Expressway, to Fourteenth Avenue, to Parsons Boulevard, to Thirteenth Avenue, to One Hundred Forty-seventh Street, to Fourteenth Avenue, to One Hundred Forty-eighth Street, to Fifteenth Avenue, to Francis Lewis Boulevard, to Cross Island Parkway, to One Hundred Fifty-fourth Street, to Twelfth Avenue, to One Hundred Fifty-seventh Street, to Powells Cove Boulevard, to One Hundred Fifty-eighth Street, to Riverside Drive, to One Hundred Sixty-first Street, extended into the East River, thence proceeding easterly and southerly to the point or place of beginning.
20. Twentieth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where the waters of the East River intersects Thirty-third Road, to Vernon Boulevard, to Thirty-fourth Avenue, to Northern Boulevard, to Forty-ninth Street, to Broadway, to Forty-eighth Street, to Thirty-first Avenue, to Brooklyn-Queens Expressway, to Thirtieth Avenue, to Seventy-first Street, to Northern Boulevard, to College Point Boulevard, to Whitestone Expressway, to Fourteenth Avenue, to Parsons Boulevard, to Thirteenth Avenue, to One Hundred Forty-seventh Street, to Fourteenth Avenue, to One Hundred Forty-ninth Street, to Fifteenth Avenue, to Francis Lewis Boulevard, to Cross Island Parkway, to One Hundred Fifty-fourth Street, to Twelfth Avenue, to One Hundred Fifty-seventh Street, to Powells Cove Boulevard, to One Hundred Fifty-eighth Street, to Riverside Drive, to One Hundred Sixty-first Street, extended into the East River, proceeding westerly, along the Bronx-Queens County border, to the point or place of beginning.
21. Twenty-first district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point where the waters of the East River intersects Thirty-third Road, to Vernon Boulevard, to Thirty-fourth Avenue, to Northern Boulevard, to Forty-ninth Street, to Broadway, to Forty-eighth Street, to Thirty-first Avenue, to Brooklyn-Queens Expressway, to Thirtieth Avenue, southerly to Seventy-first Street, to Thirty-fifth Avenue, to Leverich Street, to Thirty-seventh Avenue, to Eightieth Street, to Forty-first Avenue, to Baxter Avenue, to Woodside Avenue, to Seventy-ninth Street, to Forty-fifth Avenue, to Broadway, to Maurice Avenue, to Queens Boulevard, to Goldsmith Street, to Van Horn Street, to Fifty-sixth Avenue, to Haspel Street, to Fifty-seventh Avenue, to Long Island Expressway, to Eighty-fourth Street, to Caldwell Avenue, to Eightieth Street, to Sixty-second Avenue, to Juniper Boulevard North, to Seventy-fifth Street, to Eliot Avenue, proceeding southerly around Juniper Valley Park, to Juniper Boulevard South, to Seventy-seventh Street, to Furmanville Avenue, to Seventy-ninth Street, to Metropolitan Avenue, to Sixty-ninth Street, to Sixty-third Avenue, to Mount Olivet Crescent, to Sixty-second Avenue, to Sixty-fourth Street, to Metropolitan Avenue, to Sixtieth Street, to Sixtieth Road, to Rust Street, along Bushwick Junction Railroad, to Flushing Avenue, to Fifty-fifth Street, to Arnold Avenue, to Rene Court, to Grandview Avenue, to Stanhope Street, to Cypress Avenue, northerly and westerly along the Kings-Queens border, to the waters of the East River Channel, proceeding northerly to the point or place of beginning.
22. Twenty-second district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at the intersection of Metropolitan Avenue and Jamaica Avenue, proceeding along Metropolitan Avenue, to Park Lane South, to Park Lane, to Interborough Parkway, to One Hundred Thirty-fourth Street, to Eighty-third Avenue, to Manton Street, to Main Street, to Grand Central Parkway, along said Parkway, to Union Turnpike, proceeding westerly to Park Drive East, to Long Island Expressway, proceeding westerly on said Expressway, to Ninety-seventh Place, to Sixty-second Drive, to Ninety-seventh Street, to Sixty-third Road, to Queens Boulevard, to Sixty-third Avenue, to Woodhaven Boulevard, to Sixty-seventh Avenue, to Fitchett Street, to Sixty-sixth Road, to Alderton Street, to Dieterle Crescent, to Thornton Place, to Fleet Street, to Selfridge Street, to Metropolitan Avenue, to Woodhaven Boulevard, to Union Turnpike, to Pedestrian Way, thence southerly to Myrtle Avenue, to Woodhaven Boulevard, to Jamaica Avenue, to Eighty-seventh Street, to Atlantic Avenue, to Ninety-second Street, to Ninety-seventh Avenue, to Eighty-eighth Street, to Rockaway Boulevard, to Cross Bay Boulevard, to North Conduit Avenue, to One Hundred Fourteenth Street, to One Hundred Thirty-third Avenue, to One Hundred Twenty-third Street, to Rockaway Boulevard, to One Hundred Twenty-fourth Street, to One Hundred Ninth Avenue, to One Hundred Thirty-first Street, to One Hundred Third Avenue, to One Hundred Twenty-seventh Street, to Atlantic Avenue, to Van Wyck Expressway, to Jamaica Avenue, to the point or place of beginning.
23. Twenty-third district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn-Queens borough line at Sheridan Avenue extended, to Flatlands Avenue, to East One Hundred Third Street, to Glenwood Road, to East One Hundred Fifth Street, to Farragut Road, to East One Hundred Eighth Street, to Stanley Avenue, to Louisiana Avenue, to Dewitt Avenue, to Van Sinderen Avenue, to Linden Boulevard, to Rockaway Avenue, to Ditmas Avenue, to Rockaway Parkway, to Avenue D, to Foster Avenue, to Ralph Avenue, to the Long Island Railroad tracks, to East Fifty-sixth Street extended, to East Fifty-sixth Street, to Avenue D, to Kings Highway, to Foster Avenue, to Utica Avenue, to Glenwood Road, to Flatbush Avenue, to Avenue H, to East Thirty-fourth Street, to Avenue K, to East Thirty-fifth Street, to Avenue M, to East Thirty-sixth Street, to Flatlands Avenue, to East Thirty-seventh Street, to Quentin Road, to Nostrand Avenue, to Gerritsen Avenue, to Batchelder Street, to Avenue V, to Bragg Street, to Avenue X, to Batchelder Street, to Avenue Z, to Nostrand Avenue, to Emmons Avenue, to East Twenty-seventh Street, to Sheepshead Bay, thence easterly along Sheepshead Bay to Knapp Street extended, thence southerly to the Brooklyn borough line, thence easterly and northerly along said borough line to the point or place of beginning.
24. Twenty-fourth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn-Queens borough line at Sheridan Avenue extended, to Flatlands Avenue, to East One Hundred Third Street, to Glenwood Road, to East One Hundred Fifth Street, to Farragut Road, to East One Hundred Eighth Street, to Stanley Avenue, to Louisiana Avenue, to Dewitt Avenue, to Van Sinderen Avenue, to Linden Boulevard, to Rockaway Avenue, to Ditmas Avenue, to Rockaway Parkway, to Avenue D, to Foster Avenue, to Ralph Avenue, to the Long Island Railroad tracks, to East Fifty-sixth Street extended, to East Fifty-sixth Street, to Avenue D, to East Fifty-fourth Street, to Church Avenue, to East Fifty-fifth Street, to Clarkson Avenue, to Remsen Avenue, to Lenox Road, to East Ninety-sixth Street, to Kings Highway, to East Ninety-eighth Street, to Livonia Avenue, to Saratoga Avenue, to Dumont Avenue, to Rockaway Avenue, to East New York Avenue, to Hopkinson Avenue, to Fulton Street, to Saratoga Avenue, to Broadway, to Jamaica Avenue, to Pennsylvania Avenue, to Liberty Avenue, to Autumn Avenue, to McKinley Avenue, to the Brooklyn-Queens borough line at Drew Street, thence southerly along said borough line to the point or place of beginning.
25. Twenty-fifth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Ocean Parkway and Avenue H, thence along Avenue H to East Eighth Street, to Avenue I, to East Twelfth Street, to Avenue H, to East Seventeenth Street, to Avenue I, to East Twenty-seventh Street to the Long Island Railroad tracks, to Nostrand Avenue, to Avenue H, to Flatbush Avenue, to Glenwood Road, to Utica Avenue, to Foster Avenue, to Kings Highway, to East Fifty-fourth Street, to Church Avenue, to East Fifty-fifth Street, to Linden Boulevard, to East Forty-ninth Street, to Clarkson Avenue, to Flatbush Avenue, to Parkside Avenue, to Parade Place, to Caton Avenue, to Coney Island Avenue, to Church Avenue, to East Fourth Street, to Ditmas Avenue, to East Eighth Street, to Eighteenth Avenue, to Ocean Parkway, to Avenue H, to the point or place of beginning.
26. Twenty-sixth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Broadway and Saratoga Avenue, to Fulton Street, to Hopkinson Avenue, to East New York Avenue, to Rockaway Avenue, to Dumont Avenue, to Saratoga Avenue, to Livonia Avenue, to East Ninety-eighth Street, to Kings Highway, to East Ninety-sixth Street, to Lenox Avenue, to Remsen Avenue, to Clarkson Avenue, to East Fifty-fifth Street, to Linden Boulevard, to East Forty-ninth Street, to Clarkson Avenue, to Flatbush Avenue, to Parkside Avenue, to Ocean Avenue, to Lincoln Road, to Flatbush Avenue, to Washington Avenue, to Lefferts Avenue, to Schenectady Avenue, to Eastern Parkway, to Kingston Avenue, to Pacific Street, to Brooklyn Avenue, to Fulton Street, to Tompkins Avenue, to Jefferson Avenue, to Throop Avenue, to Park Avenue, to Broadway, to the point or place of beginning.
27. Twenty-seventh district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Eldert Lane and Ninety-fifth Avenue at the Brooklyn-Queens borough line to Drew Street, to McKinley Avenue, to Autumn Avenue, to Liberty Avenue, to Pennsylvania Avenue, to Jamaica Avenue, to Broadway, to Park Avenue, to Throop Avenue, to Myrtle Avenue, to Bedford Avenue, to Lynch Street, to Broadway, to Berry Street, to Metropolitan Avenue, to Roebling Street, to North Fifth Street, to Havemeyer Street, to Metropolitan Avenue, to Union Avenue, to Powers Street, to Lorimer Street, to Maujer Street, to Leonard Street, to Grand Street, to Morgan Avenue, to Johnson Avenue, to Stewart Avenue, to Flushing Avenue, to Wyckoff Avenue, to Stockholm Street, to the Brooklyn-Queens borough line, thence southerly, easterly, and southerly along said borough line to the point or place of beginning.
28. Twenty-eighth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Lincoln Road and Ocean Avenue, to Flatbush Avenue, to Grand Army Plaza, around the eastern boundary of said Plaza to Vanderbilt Avenue, to Sterling Place, to Flatbush Avenue, to Myrtle Avenue, to Vanderbilt Avenue, to Brooklyn-Queens Expressway, to Flushing Avenue, to Bedford Avenue, to Myrtle Avenue, to Throop Avenue, to Jefferson Avenue, to Tompkins Avenue, to Fulton Street, to Brooklyn Avenue, to Pacific Street, to Kingston Avenue, to Eastern Parkway, to Schenectady Avenue, to Lefferts Avenue, to Washington Avenue, to Flatbush Avenue, to Lincoln Road, to the point or place of beginning.
29. Twenty-ninth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of Buttermilk Channel at Hamilton Avenue extended, to Hamilton Avenue-Ferry Place, to Van Brunt Street, to DeGraw Street, to Court Street, to Douglas Court, to Douglas Street, to Gowanus Canal, to Carroll Street, to Fourth Avenue, to Fifth Street, to Eighth Avenue, to Union Street, to Grand Army Plaza, around the eastern boundary of said Plaza, to Vanderbilt Avenue, to Sterling Place, to Flatbush Avenue, to Myrtle Avenue, to Vanderbilt Avenue, to Brooklyn-Queens Expressway, to Flushing Avenue, to Bedford Avenue, to Lynch Street, to Broadway, to Berry Street, to Metropolitan Avenue, to Roebling Street, to North Fifth Street, to Havemeyer Street, to Metropolitan Avenue, to Union Avenue, to Powers Street, to Lorimer Street, to Maujer Street, to Leonard Street, to Grand Street, to Morgan Avenue, to Johnson Avenue, to Stewart Avenue, to Flushing Avenue, to Wyckoff Avenue, to Stockholm Street, to Brooklyn-Queens borough line, thence northerly westerly, and southerly along the Brooklyn borough line to the point or place of beginning.
30. Thirtieth district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of Buttermilk Channel at Hamilton Avenue extended, to Hamilton Avenue-Ferry Place, to Van Brunt Street, to DeGraw Street, to Court Street, to Douglas Court, to Douglas Street, to Gowanus Canal, to Carroll Street, to Fourth Avenue, to Fifth Street, to Eighth Avenue, to Union Street, to Grand Army Plaza, to Flatbush Avenue, to Ocean Avenue, to Parkside Avenue, to Parade Place, to Caton Avenue, to Coney Island Avenue, to Church Avenue, to Dahill Road, to Sixteenth Avenue, to Forty-sixth Street, to Thirteenth Avenue, to Fifty-fifth Street, to Third Avenue, to Fifty-fourth Street, to Second Avenue, to Fifty-seventh Street, extended into the waters of the Upper Bay to the Brooklyn borough line, thence northerly along said borough line to the point or place of beginning.
31. Thirty-first district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of the Upper Bay at Fifty-seventh Street extended, to Fifty-seventh Street, to Second Avenue, to Fifty-fourth Street, to Third Avenue, to Fifty-fifth Street, to New Utrecht Avenue, to Sixty-seventh Street, to Eighteenth Avenue, to Sixty-sixth Street, to Nineteenth Avenue, to Seventy-seventh Street, to Twentieth Avenue, to Benson Avenue, to Eighteenth Avenue, to Cropsey Avenue, to Bay Nineteenth Street, to Shore Parkway, to Bay Eighth Street, to Cropsey Avenue, to Fourteenth Avenue, to Poly Place, to Battery Avenue, thence northerly and westerly along the border of the United States Government reservation known as Fort Hamilton, to Gowanus Expressway, to Fort Hamilton Parkway, to One Hundred First Street, to Fourth Avenue, extended into the waters of the Narrows to Brooklyn borough line, thence northerly along said borough line to the point or place of beginning.
32. Thirty-second district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the intersection of Church Avenue and Dahill Road, to East Fourth Street, to Ditmas Avenue, to East Eighth Street, to Eighteenth Avenue, to Ocean Parkway, to Avenue H, to East Eighth Street, to Avenue I, to East Twelfth Street, to Avenue H, to East Seventeenth Street, to Avenue I, to East Twenty-seventh Street, to the Long Island Railroad tracks, to Nostrand Avenue, to Avenue H, to East Thirty-fourth Street, to Avenue K, to East Thirty-fifth Street, to Avenue M, to East Thirty-sixth Street, to Flatlands Avenue, to East Thirty-seventh Street, to Quentin Road, to Nostrand Avenue, to Gerritsen Avenue, to Batchelder Street, to Avenue U, to East Twenty-ninth Street, to Avenue T, to East Sixteenth Street, to Avenue S, to East Fifteenth Street, to Avenue R, to East Twelfth Street, to Quentin Road, to West Twelfth Street, to Kings Highway, to Bay Parkway, to Seventy-seventh Street, to Nineteenth Avenue, to Sixty-sixth Street, to Eighteenth Avenue, to Sixty-seventh Street, to New Utrecht Avenue, to Thirteenth Avenue, to Forty-sixth Street, to Sixteenth Avenue, to Dahill Road, to the point or place of beginning.
33. Thirty-third district. That part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of Lower New York Bay at Twenty-sixth Avenue extended, to Twenty-sixth Avenue, to Harway Avenue, to Stillwell Avenue, to Avenue U, to West Ninth Street, to Avenue T, to West Twelfth Street, to Quentin Road, to East Twelfth Street, to Avenue R, to East Fifteenth Street, to Avenue S, to East Sixteenth Street, to Avenue T, to East Twenty-ninth Street, to Avenue U, to Batchelder Street, to Avenue V, to Bragg Street, to Avenue X, to Batchelder Street, to Avenue Z, to Nostrand Avenue, to Emmons Avenue, to East Twenty-seventh Street, to Sheepshead Bay, thence easterly along Sheepshead Bay to Knapp Street extended, thence southerly to the Brooklyn borough line, thence westerly and northerly along said borough line to the point or place of beginning.
34. Thirty-fourth district. That part of the Borough of Queens bounded by a line described as follows: BEGINNING at a point at the intersection of Northern Boulevard and Seventy-first Street, proceeding easterly to Ninety-seventh Street, to Thirty-fifth Avenue, to Ninety-ninth Street, to Roosevelt Avenue, to One Hundred Second Street, to Forty-fifth Avenue, to One Hundred Eleventh Street, (along outer line of Flushing-Corona Park), to Long Island Expressway, thence westerly, to Ninety-seventh Place, to Sixty-second Drive, to Ninety-seventh Street, to Sixty-third Road, to Queens Boulevard, to Sixty-third Avenue, to Woodhaven Boulevard, to Sixty-seventh Avenue, to Fitchett Street, to Sixty-sixth Road, to Alderton Street, to Dieterle Crescent, to Thornton Place, to Fleet Street, to Selfridge Street, to Metropolitan Avenue, to Woodhaven Boulevard, to Union Turnpike, to Pedestrian Way, thence south and southeast, along the line of Forest Park, to Myrtle Avenue, to Eighty-ninth Street, to Eighty-third Drive, to Eighty-eighth Street, to Myrtle Avenue, to Sixty-sixth Street, to Central Avenue, to Sixty-first Street, to Fresh Pond Road, to Catalpa Avenue to Woodward Avenue, to Putnam Avenue, to Forest Avenue, to Gates Avenue, to Grandview Avenue, to Rene Court, to Metropolitan Avenue, to Arnold Avenue, to Fifty-fifth Street, to Flushing Avenue, to Rust Street, to Andrews Street, to Forest Avenue, to Metropolitan Avenue, thence easterly, to Sixty-fourth Street, to Sixty-second Avenue, to Mount Olivet Crescent, to Sixty-third Avenue, to Sixty-ninth Street, to Metropolitan Avenue, to Seventy-ninth Street, to Furmanville Avenue, to Seventy-seventh Street, to Juniper Boulevard South, thence westerly to Sixty-second Drive, thence northerly and easterly around Juniper Valley Park along Juniper Boulevard North, to Sixty-second Avenue, to Eightieth Street, to Caldwell Avenue, to Eighty-fourth Street, to Long Island Expressway, to Long Island Railroad Cut, to Fifty-seventh Avenue, crossing the Long Island Railroad Cut, to Fifty-sixth Street, to Van Horn Street, to Grand Avenue, to Goldsmith Street, to Queens Boulevard, to Maurice Avenue, to Broadway to Forty-fifth Avenue, to Seventy-ninth Street, to Woodside Avenue, to Baxter Avenue, to Forty-first Avenue, to Eightieth Street, to Thirty-seventh Avenue, to Leverich Street, to Thirty-fifth Avenue, to Northern Boulevard, to the point or place of beginning.
35. Thirty-fifth district. That part of the Borough of Staten Island bounded by a line described as follows: BEGINNING at a point in waters of Arthur Kill between border lines of New Jersey, and Richmond County, at Goethals Bridge, proceeding southeast, to Railroad cut, then proceeding east, to Gulf Avenue, to Staten Island Expressway, to Bengal Avenue, to Fahy Avenue, to Arlene Street, to Lander Avenue, to Richmond Avenue, to Victory Boulevard, to Willowbrook Road, to Watchogue Road, to Victory Boulevard, to Manor Road, to Ocean Terrace, to Todt Hill Road, to Richmond Road, proceeding northerly, to Cromwell Avenue, to Hylan Boulevard, to Old Town Road, to Staten Island Rapid Transit Line, proceeding north on Staten Island Rapid Transit Line, to West Fingerboard Road, to Steuben Street, to Hylan Boulevard, to Hickory Avenue, to McClean Avenue, to Lily Pond Avenue, extended to waters of Atlantic Ocean; thence northerly and westerly through the Narrows, through the Kill Van Kull Waters, including the entire part of the City of New York known as Snooter’s Island, to the waters of the Arthur Kill, to the point or place of beginning; this district is further intended to include that part of the Borough of Brooklyn bounded by a line described as follows: BEGINNING at a point at the Brooklyn borough line in the waters of Gravesend Bay at Twenty-sixth Avenue, extended to Harway Avenue, to Stillwell Avenue, to Avenue U, to West Ninth Street, to Avenue T, to West Twelfth Street, to Kings Highway, to Bay Parkway, to Seventy-seventh Street, to Twentieth Avenue, to Benson Avenue, to Eighteenth Avenue, to Cropsey Avenue, to Bay Nineteenth Street, to Shore Parkway, to Shore Road extension, to Bay Eighth Street, to Cropsey Avenue, to Fourteenth Avenue, to Poly Place, to Battery Avenue, thence northerly and westerly along the border of the United States Government reservation known as Fort Hamilton, to Gowanus Expressway, to Fort Hamilton Parkway, to One Hundred First Street, to Fourth Avenue, extended in the waters of The Narrows, at the Brooklyn borough line, thence projected into the waters of the Lower Bay, on the north side of and parallel to the Verrazano Narrows Bridge thence southerly and easterly to the point or place of beginning.
§ 3-203 Public advocate; member of all committees.
The public advocate, ex-officio, shall be a member of all the committees thereof.
§ 3-204 Salaries; additional compensation for officers of council.
The mayor, pursuant to the provisions of section one hundred twenty-three of the charter, may fix any additional remuneration to be paid to the vice-chairman of the council, the leader of the dominant minority party, the chairperson of the finance committee, the chairperson of the general welfare committee, and during a vacancy in the office of mayor or the office of public advocate, the person designated to act as leader of the majority party, over and above the salaries paid to them as council members.
§ 3-204.1 Transfer and disposal of surplus old desks and chairs, councilmanic chambers.
§ 3-204.2 Transfer of councilmanic chairs at termination of office.
(a) The city clerk, clerk of the council shall have the power at the request of any member of the council who shall hereafter resign or whose term of office shall hereafter terminate, or a surviving spouse or domestic partner of such member, to sell and transfer to such member or to such surviving spouse or domestic partner the chair last occupied by such member in the councilmanic chamber for the fair market value as determined by the commissioner of citywide administrative services, depositing any monies received from such sale with the commissioner of finance; provided however, that a written request therefore accompanied by the payment herein provided be submitted to the city clerk, clerk of the council within sixty days after any such resignation or termination of term of office. The commissioner of citywide administrative services shall upon notice from the city clerk, clerk of the council make prompt replacement of such chair so transferred or sold.
§ 3-204.3 Workers’ compensation for city council employees.
§ 3-204.4 Representation; council members.
Council Members shall be represented by the corporation counsel and indemnified by the city pursuant to Section 50-k of the General Municipal Law, subject to the conditions contained therein, for actions undertaken in the performance of their constituent responsibilities.
§ 3-205 City clerk; employees; bonds.
Each of the following officers or employees in the office of the city clerk shall execute a bond to the city, conditioned for the faithful performance of the duties of his or her office, with one or more sureties, to be approved by the comptroller, in the penal sum as follows: city clerk, twenty thousand dollars; city clerk’s cashier, and assistant cashier, three thousand dollars each; deputy city clerk, borough of Brooklyn, five thousand dollars; deputy city clerks, boroughs of the Bronx, Queens, and Staten Island, one thousand dollars each.
§ 3-206 City clerk; proceedings of council.
Immediately after the adjournment of each meeting of the council, the city clerk shall prepare a brief extract, omitting technical and formal details, of all resolutions and local laws introduced or passed, all recommendations of committees, all final proceedings and full copies of all messages from the mayor and all reports of city agencies. The city clerk shall forthwith transmit the same for publication in the City Record to the director thereof.
§ 3-207 City clerk; fees.
The city clerk shall collect the following fees:
§ 3-207.1 Marriage notification.
§ 3-208 Local laws; public hearings; publication of notice.
The notice prescribed in subdivision five of section twenty of the municipal home rule law shall be published in the City Record and in such daily newspaper or newspapers, published in the city of New York, as shall be selected by the mayor for that purpose.
§ 3-209 [Young adult voter registration.]
§ 3-209.1 Distribution of library card application materials.
1. “Department” shall mean the department of education.
2. “Public library systems” shall mean the New York Public Library, the Brooklyn Public Library and the Queens Borough Public Library.
3. “School” shall mean any public school in the city of New York under the jurisdiction of the department of education that contains any combination of grades from and including pre-kindergarten through grade twelve.
4. “Participating agencies” shall mean the administration for children’s services, the department of homeless services, the department of youth and community development and the human resources administration.
5. “Young person” shall mean any person under the age of 24.
§ 3-209.2 Distribution of college-savings plan materials in schools.
Department. The term”department” means the department of education.
School. The term”school” means a public school of the city school district of the city of New York that contains any combination of grades from and including pre-kindergarten through grade twelve.
1. Information regarding college savings programs available to students and their family members including, but not limited to, New York’s 529 college savings program;
2. Information regarding tuition at colleges under the authority of the city university of New York and at colleges under the authority of the state university of New York and financial aid eligibility; and
3. Information regarding other resources available to parents and students regarding financial planning for post-secondary education, including education at colleges, universities and vocational schools.
§ 3-210 Registration of voters. [Repealed]
Subchapter 2: Regulation of Lobbying
§ 3-211 Definitions.
Whenever used in this subchapter, the following words and phrases shall be construed as defined in this section:
(i) any determination made by the city council or any member thereof with respect to the introduction, passage, defeat, or substance of any local legislation or resolution,
(ii) any determination made by the mayor to support, oppose, approve, or disapprove any local legislation or resolution, whether or not such legislation or resolution has been introduced in the city council,
(iii) any determination made by an elected city official or an officer or employee of the city with respect to the procurement of goods, services or construction, including the preparation of contract specifications, or the solicitation, award or administration of a contract, or with respect to the solicitation, award or administration of a grant, loan, or agreement involving the disbursement of public monies,
(iv) any determination made by the mayor, the city council, the city planning commission, a borough president, a borough board or a community board with respect to zoning or the use, development or improvement of real property subject to city regulation,
(v) any determination made by an elected city official or an officer or employee of the city with respect to the terms of the acquisition or disposition by the city of any interest in real property, with respect to a license or permit for the use of real property of or by the city, or with respect to a franchise, concession or revocable consent,
(vi) the proposal, adoption, amendment or rejection by an agency of any rule having the force and effect of law,
(vii) the decision to hold, timing or outcome of any rate making proceeding before an agency,
(viii) the agenda or any determination of a board or commission,
(ix) any determination regarding the calendaring or scope of any city council oversight hearing,
(x) the issuance, repeal, modification or substance of a mayoral executive order, or
(xi) any determination made by an elected city official or an officer or employee of the city to support or oppose any state or federal legislation, rule or regulation, including any determination made to support or oppose that is contingent on any amendment of such legislation, rule or regulation, whether or not such legislation has been formally introduced and whether or not such rule or regulation has been formally proposed.
(2) The definition of the term “lobbying” or “lobbying activities” shall not apply to any determination in an adjudicatory proceeding.
(3) The following persons and organizations shall be deemed not to be engaged in “lobbying activities”:
(i) persons engaged in advising clients, rendering opinions and drafting, in relation to proposed legislation, resolutions, rules, rates, or other proposed legislative, executive or administrative action, where such persons do not themselves engage in an attempt to influence such action;
(ii) newspapers and other periodicals and radio and television stations, and owners and employees thereof, provided that their activities are limited to the publication or broadcast of news items, editorials or other comment, or paid advertisements;
(iii) persons who participate as witnesses, attorneys or other representatives in public rule making or rate making proceedings of an agency, with respect to all participation by such persons which is part of the public record thereof and all preparation by such persons for such participation;
(iv) persons who appear before an agency in an adjudicatory proceeding;
(v) persons who prepare or submit a response to a request for information or comments by the city council or one of its committees, the mayor, or other elected city official or an agency;
(vi) (A) contractors or prospective contractors who communicate with or appear before city contracting officers or employees in the regular course of procurement planning, contract development, the contractor selection process, the administration of a contract, or the audit of a contract, when such communications or appearances are made by such contractors or prospective contractors personally, or through;
1. such officers and employees of the contractors or prospective contractor who are charged with the performance of functions relating to contracts:
2. subcontractors or prospective subcontractors who are or will be engaged in the delivery of goods, services or construction pursuant to the contract of such officers and employees of the subcontractor or prospective subcontractor who are charged with the performance of functions relating to contracts; or
3. persons who provide technical or professional services, as defined in clause (B) of this subparagraph, on behalf of such contractor, prospective contractor, subcontractor or prospective subcontractor.
(B) For the purposes of clause (A) of this subparagraph:
1. “technical services” shall be limited to advice and analysis directly applying any engineering, scientific, or other similar technical discipline;
2. “professional services” shall be limited to advice and analysis directly applying any legal, accounting or other similar professional discipline in connection with the following elements of the procurement process only: dispute resolution, vendor protests, responsiveness and responsibility determinations, determinations of prequalification, suspensions, debarments, objections to registration pursuant to section 328 of the charter, contract interpretation, negotiation of contract terms after the award of a contract, defaults, the termination of contracts and audit of contracts. Any person who provides professional services pursuant to this subparagraph in connection with elements of the procurement process not specified above in this item, whether prior to, in connection with or after the award of a contract, shall be deemed to be engaged in lobbying activities, unless such person is deemed not to be engaged in lobbying activities under another provision of this paragraph; and
3. “city contracting officers or employees” shall not include elected officials or deputies of elected officials or any person not duly authorized to enter into and administer contracts and make determinations with respect thereto;
(vii) persons or organizations who advertise the availability of goods or services with fliers, leaflets or other advertising circulars;
(viii) architects and engineers who communicate with or appear before a community board with respect to any action of such board, provided that the proceeding before the final decision-making board or commission to which the action relates is an adjudicatory proceeding;
(ix) architects and engineers who perform design work and draft plans pursuant to their state-issued professional license, or persons who work under the direct supervision of an architect or engineer who holds such a license, even if such work is preceded or followed by lobbying or lobbying activity as defined in paragraph one of this subdivision;
(x) (A) architects and engineers who communicate with or appear before boards or commissions with respect to:
1. an authorization by the city planning commission pursuant to the zoning resolution designated as minor by the city clerk; or
2. a decision related to real property by any other board or commission designated as minor by the city clerk.
(B) For the purposes of clause (A) of this subparagraph, the city clerk shall promulgate rules designating authorizations and decisions as “minor” based on the following factors:
1. the size and cost of the relevant project;
2. the size, class, and/or value of the property to which the relevant project relates; and
3. the size of the architecture or engineering firm typically involved in the type of project at issue.
(C) For the purposes of this subparagraph, “class” shall mean any of the classes of property defined in section 1802 of the real property tax law; and
(xi) architects and engineers, or their designees, who perform work, including communications with and appearances before boards or commissions, on capital projects under the direction of a city agency, provided that such work is performed pursuant to a contract, or subcontract of such contract, between such architects or engineers and the city agency directing such capital project.
§ 3-212 Powers and duties of the city clerk.
(a) In addition to any other powers and duties specified by law, the city clerk shall have the power and duty to administer and enforce all the provisions of this subchapter, subpoena witnesses and records, issue advisory opinions to those under its jurisdiction, conduct any investigation and audits necessary to carry out the provisions of this subchapter, prepare uniform forms for the statements and reports required by this subchapter and promulgate such rules as he or she deems necessary for the proper administration of this subchapter.
(i) statements of registration filed with the state joint commission on public ethics pursuant to section 1-e of the legislative law that contain information indicating that the lobbyist expects to engage in “lobbying” or “lobbying activities” as defined in paragraph one of subdivision c of section 3-211 of this subchapter;
(ii) notices of appearances compiled by city agencies, including, but not limited to, the landmarks preservation commission and the city planning commission, identifying the representative of an applicant; and
(iii) the “doing business database” as defined in subdivision twenty of section 3-702 of the code.
(2) The city clerk shall work with city agencies and the city council to develop notices and advertisements to be placed in print and electronic media intended to reach persons and organizations doing business with the city that will inform them of the requirements set forth in this subchapter.
§ 3-213 Statement of registration.
(a) (1) Every lobbyist shall annually file with the city clerk, on forms prescribed by the city clerk, a statement of registration for each calendar year, provided, however, that the filing of such statement of registration shall not be required of any lobbyist who in any year does not earn or incur an amount in excess of five thousand dollars or, if the lobbyist is an architect or engineer, or an architecture or engineering firm, ten thousand dollars, of combined reportable compensation and expenses, as provided in paragraph five of subdivision (b) of section 3-216 of this subchapter, for the purposes of lobbying.
(2) Such filing shall be completed on or before January fifteenth by those persons who have been retained, employed or designated as lobbyists on or before December thirty-first of the previous calendar year who reasonably anticipate that in the coming year they will earn or incur combined reportable compensation and expenses in an amount in excess of five thousand dollars or, if the lobbyist is an architect or engineer, or an architecture or engineering firm, ten thousand dollars. For those lobbyists retained, employed or designated after December thirty-first, and for those lobbyists who, subsequent to their retainer, employment or designation, reasonably anticipate combined reportable compensation and expenses in excess of such amount, such filing must be completed within fifteen days thereafter.
(3) Before a lobbyist files a statement of registration pursuant to paragraph one of this subdivision, the lobbyist and its client shall enroll in the electronic filing system.
(1) the name, home and business addresses and business telephone number of the lobbyist and the name and home and business addresses of the spouse or domestic partner of the lobbyist, and if the lobbyist is an organization the name, home and business addresses and business telephone number of any officer or employee of such lobbyist who engages in any lobbying activities or who is employed in an organization’s division that engages in lobbying activities of the organization and the name and home and business addresses of the spouse or domestic partner of such officers or employees, provided that, notwithstanding any provision of this subchapter to the contrary, the home address of the lobbyist, including, if the lobbyist is an organization, the home address of any officer or employee of such lobbyist who engages in any lobbying activities or who is employed in an organization’s division that engages in lobbying activities of the organization, and the names and home and business addresses of spouses and domestic partners of such lobbyists, officers and employees, whether contained in an original or amended statement of registration, shall not be made available to the public, but may be accessed by the campaign finance board for the sole purpose of determining whether a campaign contribution is matchable pursuant to section 3-702 of the New York City campaign finance act; provided, however, that notwithstanding any other provision of law, in making information on campaign contributions publicly available, the campaign finance board shall not disclose that any specific contributor is the spouse, domestic partner or unemancipated child of such a lobbyist, officer or employee;
(2) the name, address and telephone number of the client by whom or on whose behalf the lobbyist is retained, employed or designated;
(3) if such lobbyist is retained or employed pursuant to a written agreement of retainer or employment, a copy of such shall also be attached and if such retainer or employment is oral, a statement of the substance thereof;
(4) a written authorization from the client by whom the lobbyist is authorized to lobby, unless such lobbyist has filed a written agreement of retainer or employment pursuant to paragraph three of this subdivision;
(5) a description of the subject or subjects on which the lobbyist is lobbying or expects to lobby, including information sufficient to identify the local law or resolution, procurement, real property, rule, rate making proceeding, determination of a board or commission, or other matter on which the lobbyist is lobbying or expects to lobby;
(6) the names of the persons and agencies before which the lobbyist has lobbied or expects to lobby;
(7) if the lobbyist has a financial interest in the client, direct or indirect, information as to the extent of such interest and the date on which it was acquired; and
(8) if the lobbyist is retained, employed or designated by more than one client, a separate statement of registration shall be required for each such client.
(2) Whenever a contribution, as defined in subdivision eight of section 3-702 of the New York City campaign finance act, is made by the unemancipated child of a lobbyist or by the unemancipated child of the spouse or domestic partner of a lobbyist or, if the lobbyist is an organization, by the unemancipated child of any officer or employee of such lobbyist who engages in lobbying activities or who is employed in an organization’s division that engages in lobbying activities of the organization or by the unemancipated child of the spouse or domestic partner of any such officer or employee, in the calendar year for which a statement of registration is filed, the lobbyist shall file an amended statement of registration within forty-eight hours of the making of such contribution. Such amended statement of registration shall contain the name and the home address of such unemancipated child and the home and business addresses of the unemancipated child’s parent, if such parent’s home and business addresses were reported pursuant to paragraph one of subdivision (c) of this section. Such amendment shall not require the lobbyist to amend the entire registration form. If such contribution was made in the calendar year for which a statement of registration is filed, but before the filing of such statement of registration, then the original statement of registration shall contain the name and the home address of such unemancipated child and the home and business addresses of the unemancipated child’s parent, if such parent’s home and business addresses were reported pursuant to paragraph one of subdivision (c) of this section. Notwithstanding any provision of this chapter to the contrary, the names and addresses of unemancipated children shall not be made available to the public, but may be accessed by the campaign finance board for the sole purpose of determining whether a campaign contribution is matchable pursuant to such section 3-702; provided, however, that notwithstanding any other provision of law, in making information on campaign contributions publicly available, the campaign finance board shall not disclose that any specific contributor is the spouse, domestic partner or unemancipated child of such a lobbyist, officer or employee. For purposes of this paragraph, the term “unemancipated child” shall mean any son, daughter, stepson or stepdaughter who is under age eighteen, unmarried and living in the household of such lobbyist or spouse or domestic partner of such lobbyist or, if such lobbyist is an organization, living in the household of such officer or employee or spouse or domestic partner of such officer or employee.
§ 3-214 Monthly registration docket. [Repealed]
Upon the termination of a lobbyist’s retainer, employment or designation, such lobbyist and the client on whose behalf such service has been rendered shall both give notice to the city clerk in the electronic filing system within thirty days after the lobbyist ceases the activity that required such lobbyist to file a statement of registration; however, such lobbyist shall nevertheless comply with the reporting requirements of section 3-216.1 of this subchapter and the reporting requirements for the last periodic reporting period up to the date such activity has ceased as required by this subchapter and both such parties shall each file the annual report required by section 3-217 of this subchapter.
§ 3-216 Periodic reports.
(a) (1) Any lobbyist, except a lobbyist described in paragraph two of this subdivision, required to file a statement of registration pursuant to section 3-213 of this subchapter who in any lobbying year earns or incurs combined reportable compensation and expenses in an amount in excess of five thousand dollars or, if the lobbyist is an architect or engineer, or an architecture or engineering firm, ten thousand dollars, as provided in paragraph five of subdivision (b) of this section, for the purpose of lobbying, shall file with the city clerk periodic reports, on forms prescribed by the city clerk, by the fifteenth day next succeeding the end of the reporting period on which the cumulative total for such lobbying year equaled such sum. Such reporting periods shall be the period from January first through the last day of February, March first through April thirtieth, May first through June thirtieth, July first through August thirty-first, September first through October thirty-first, and November first through December thirty-first.
(2) Any lobbyist that is an organization required to file a statement of registration pursuant to section 3-213 of this subchapter that lobbies solely on its own behalf by utilizing the services of its employees and that, in any lobbying year, earns or incurs combined reportable compensation and expenses in an amount in excess of five thousand dollars, but equal to or less than ten thousand dollars, as provided in paragraph five of subdivision (b) of this section, for the purpose of lobbying, shall file with the city clerk periodic reports, on forms prescribed by the city clerk, by the fifteenth day next succeeding the end of the reporting period on which the cumulative total for such lobbying year equaled such sum. Such reporting periods shall be the period from January first to June thirtieth, and July first to December thirty-first.
(3) Any lobbyist making a report pursuant to paragraph one or two of this subdivision shall thereafter file with the city clerk, on forms prescribed by the city clerk, a periodic report for each reporting period that such person earns or incurs combined reportable compensation and expenses in an amount in excess of one thousand dollars for the purposes of lobbying during such reporting period. Such report shall be filed not later than the fifteenth day next succeeding the end of such reporting period and shall include the amounts so earned or incurred during such reporting period and the cumulative total during the lobbying year.
(1) the name, address and telephone number of the lobbyist;
(2) the name, address and telephone number of the client by whom or on whose behalf the lobbyist is retained, employed or designated;
(3) a description of the subject or subjects on which the lobbyist has lobbied, including information sufficient to identify the local law or resolution, procurement, real property, rule, rate making proceeding, determination of a board or commission, or other matter on which the lobbyist has lobbied;
(4) the names of the persons and agencies before which the lobbyist has lobbied;
(5) (i) the compensation paid or owed to the lobbyist, and any expenses incurred by the lobbyist for the purpose of lobbying.
(ii) expenses required to be reported pursuant to subparagraph (i) of this paragraph shall be listed in the aggregate if seventy-five dollars or less and if more than seventy-five dollars such expenses shall be detailed as to amount, to whom paid, and for what purpose; and where such expense is more than seventy-five dollars on behalf of any one person, the name of such person shall be listed.
(iii) for the purpose of this paragraph, expenses shall not include:
(A) personal sustenance, lodging and travel disbursements of such lobbyist;
(B) expenses, not in excess of five hundred dollars in any one calendar year, directly incurred for the printing or other means of reproduction or mailing of letters, memoranda or other written communications.
(iv) expenses paid or incurred for salaries other than that of the lobbyist shall be listed in the aggregate.
(v) expenses of more than fifty dollars shall be paid by check or substantiated by receipts.
(vi) the expenses reimbursed by the client.
(2) Such periodic reports shall be kept in electronic form in the office of the city clerk and shall be available for public inspection.
§ 3-216.1 Fundraising and political consulting reports.
(a) Any lobbyist required to file a statement of registration pursuant to section 3-213 of this subchapter who in any calendar year to which the statement of registration relates, or in the six months preceding such calendar year, engages in fundraising or political consulting activities shall file with the city clerk, on forms prescribed by the city clerk, a fundraising and/or political consulting report. Such report shall be filed in accordance with the schedule applicable to the filing of periodic reports, provided that the first fundraising and/or political consulting report filed in any calendar year shall include information on fundraising and/or political consulting activities that occurred in any period beginning six months preceding the calendar year to which the statement of registration relates through the end of the reporting period for which the report is filed, to the extent such information has not been reported in a fundraising and/or political consulting report filed in the preceding calendar year. Each subsequent fundraising and/or political consulting report filed in or with respect to the calendar year to which the statement of registration relates shall include information on fundraising and/or political consulting activities that occurred since the end of the reporting period for which the previous report was filed through the end of the reporting period for which the current report is filed. Such activities shall be reported whether they are conducted directly by the lobbyist, or through any other entity of which such lobbyist is a principal. Such fundraising and/or political consulting reports shall be filed not later than the fifteenth day next succeeding the end of such reporting period.
(1) the name, address and telephone number of the lobbyist and the individuals employed by the lobbyist engaged in such fundraising and/or political consulting activities;
(2) the name, address and telephone number of the candidate, public servant, or elected official to whom or on whose behalf the lobbyist provided fundraising and/or political consulting services;
(3) (i) the compensation paid or owed to the lobbyist and any expenses incurred by the lobbyist for such fundraising and/or political consulting activities;
(ii) a list of all persons or entities with whom the lobbyist contracted for the purpose of providing fundraising and/or political consulting services;
(4) in the case of fundraising activities, the total dollar amount raised for each candidate for which such activities were performed.
§ 3-217 Annual reports.
(a) Annual reports shall be filed by:
(1) every lobbyist required to file a statement of registration pursuant to section 3-213 of this subchapter;
(2) any client retaining, employing or designating a lobbyist or lobbyists, if during the year such client owed an amount in excess of five thousand dollars or, if the lobbyist is an architect or engineer, or an architecture or engineering firm, ten thousand dollars, of combined reportable compensation and expenses, as provided in paragraph five of subdivision (c) of this section, for the purposes of lobbying.
(1) the name, address and telephone number of the client;
(2) the name, address and telephone number of each lobbyist retained, employed or designated by such client;
(3) a description of the subject or subjects on which each lobbyist retained, employed or designated by such client has lobbied, including information sufficient to identify the local law or resolution, procurement, real property, rule, rate making proceeding, determination of a board or commission, or other matter on which each lobbyist retained, employed or designated by such client has lobbied;
(4) the names of the persons and agencies before which such lobbyist has lobbied;
(5) (i) the compensation earned by each such lobbyist, and any other expenses paid or incurred by such client for the purpose of lobbying.
(ii) any expenses required to be reported pursuant to subparagraph (i) of this paragraph shall be listed in the aggregate if seventy-five dollars or less and if more than seventy-five dollars such expenses shall be detailed as to amount, to whom paid, and for what purpose; and where such expenses are more than seventy-five dollars on behalf of any one person, the name of such person shall be listed.
(iii) for the purposes of this paragraph, expenses shall not include:
(A) personal sustenance, lodging and travel disbursements of such lobbyist and client;
(B) expenses, not in excess of five hundred dollars, directly incurred for the printing or other means of reproduction or mailing of letters, memoranda or other written communications.
(iv) expenses paid or incurred for salaries other than that of the lobbyist shall be listed in the aggregate.
(v) expenses of more than fifty dollars must be paid by check or substantiated by receipts.
(2) Such annual reports shall be kept in electronic form in the office of the city clerk and shall be available for public inspection.
§ 3-218 Contingent retainer.
No client shall retain or employ any lobbyist for compensation, the rate or amount of which compensation in whole or part is contingent or dependent upon legislative, executive or administrative action where efforts by a lobbyist to influence such action are subject to the jurisdiction of the city clerk, and no person shall accept such a retainer or employment.
§ 3-219 Obligations of lobbyists.
Any person who is required to file a statement of registration under this subchapter has the following obligations:
(1) Each lobbyist required to file a statement of registration pursuant to section 3-213 of this subchapter that (i) lists five or more officers or employees who engage in lobbying activities or who are employed in the division that engages in lobbying activities and (ii) identifies thirty or more clients on whose behalf such organization has been retained shall designate two officers or employees to complete the training program biennially. At least one such officer or employee shall have engaged in lobbying activities in the year prior to such training.
(2) All other lobbyists required to file a statement of registration pursuant to section 3-213 of this subchapter shall designate at least one officer or employee to complete the training program biennially.
(3) Any lobbyist filing a statement of registration pursuant to section 3-213 of this subchapter for the first time shall designate at least one officer or employee who shall register for such training program within fifteen days of the lobbyist’s commencement of lobbying.
§ 3-220 Retention of records.
Every person to whom this subchapter is applicable shall keep for at least five years a detailed and exact account of:
§ 3-221 Filing of statements and reports.
(a) Any statement or report required by this subchapter shall be filed by electronic transmission in a standard format as required by the city clerk. Statements, reports and any other information required to be kept on file in the office of the city clerk for public inspection pursuant to this subchapter shall be kept in a computerized database and shall be posted on the internet as soon as practicable.
§ 3-222 Certification.
All statements and reports required under this subchapter shall contain the following declaration: “I certify that all statements made on this statement are true and correct to the best of my knowledge and belief and I understand that the willful making of any false statement of material fact herein will subject me to the provisions of law relevant to the making and filing of false instruments and will render such statement null and void.”
§ 3-223 Penalties.
(a) Except as provided for in subdivision (b) of this section, any person or organization who knowingly and willfully violates any provision of this subchapter shall be guilty of a class A misdemeanor. In addition to such criminal penalties, such person or organization shall be subject to a civil penalty, in an amount not to exceed thirty thousand dollars, to be assessed by the city clerk, or an order to cease all lobbying activities subject to the jurisdiction of the city clerk for a period of time as determined by such clerk not to exceed sixty days, or both such civil penalty and order.
(2) Any lobbyist or client who has never previously filed a statement of registration or any other report required by this subchapter shall be charged a late filing penalty of ten dollars for each day a required statement or report is late. If more than one statement or report is late, the total late filing penalty shall be equal to the sum of ten dollars per day multiplied by the number of such late statements or reports. Any other lobbyist or client shall be charged a late filing penalty of twenty-five dollars for each day a required statement or report is late. If more than one statement or report is late, the total late filing penalty shall be equal to the sum of twenty-five dollars per day multiplied by the number of such late statements or reports. Late filing penalties may be waived or reduced at the discretion of the city clerk. A lobbyist or client seeking a waiver or reduction of late filing penalties shall submit documentation as required by the city clerk. A decision to grant such a waiver or reduction shall be made in writing by the city clerk. The city clerk shall take the following factors into account in determining whether a waiver or reduction is appropriate:
(i) whether and how often the lobbyist or client has filed late in the past;
(ii) the annual operating budget of the lobbyist or client;
(iii) whether the lobbyist lobbies solely on its own behalf;
(iv) for periodic reports, the number of lobbying matters, number of hours spent working on those matters, and amount of compensation and expenditures that were not reported during the relevant period; and
(v) the significance of the impediments to timely filing faced by the lobbyist or client.
(2) Any lobbyist or client intending to participate in the amnesty program may file a written notice of intent to participate with the city clerk on forms prescribed by the city clerk, stating his, her or its intention to participate in such program, at any time prior to the effective date of the amnesty program. The city clerk shall not assess any late filing penalties or any civil penalties authorized by this section that could be assessed against any such lobbyist or client for the period from December tenth, two thousand six to the date of the filing of such notice. Any lobbyist or client filing a notice pursuant to this paragraph shall comply with all applicable provisions of this subchapter beginning on the day of such filing.
(3) Any lobbyist or client intending to participate in the amnesty program, including any lobbyist or client who has filed a notice pursuant to paragraph two of this subdivision, shall file a written application on forms prescribed by the city clerk on or after the effective date of the amnesty program, but prior to the expiration of such program. Such application shall include a summary, which shall meet the requirements of the city clerk, of the lobbying activities, fundraising activities or political consulting activities performed by such lobbyist or received by such client from one year prior to the effective date of the amnesty program until the date of such application or valid filing pursuant to paragraph two of this subdivision. Such amnesty program shall provide that upon the filing of such application and upon compliance with all applicable provisions of this subchapter, the city clerk shall waive any late filing penalties and any civil penalties authorized by this section that could be assessed against any such lobbyist or client for the period from December tenth, two thousand six to the date of the filing of such application or, if the lobbyist or client made a valid filing pursuant to paragraph two of this subdivision, to the date of such filing. In addition, any such lobbyist or client shall not be subject to any criminal penalties authorized by this section for the period from December tenth, two thousand six to the date of the filing of such application or, if the lobbyist or client made a valid filing pursuant to paragraph two of this subdivision, to the date of such filing.
(4) The term of the amnesty program established pursuant to this subdivision by rule of the city clerk shall not exceed six months, after which no application for amnesty shall be accepted. Prior to the commencement of, and during the term of, the amnesty program, the city clerk shall publicize the amnesty program so as to maximize public awareness of and participation in such program. The city clerk shall consult with city agencies and the city council to develop notices and advertisements to be placed in print and electronic media that are intended to reach persons and organizations doing business with the city.
(5) Notwithstanding any provision of this subdivision to the contrary, any lobbyist or client who is the subject of any criminal investigation relating to any violation of this subchapter and any lobbyist or client who is a party to any criminal litigation in any court of this state or the United States relating to any violation of this subchapter shall be ineligible to file the notice pursuant to paragraph two of this subdivision or the application pursuant to paragraph three of this subdivision or to otherwise receive relief from late filing penalties, or civil or criminal penalties under the amnesty program established pursuant to this subdivision.
(6) The city clerk shall promulgate such rules, issue forms and instructions, and take any and all other actions necessary to implement the provisions of this subdivision.
Subchapter 3: Prohibition of Gifts By Lobbyists
§ 3-224 Definitions.
Whenever used in this subchapter, the term “public servant” shall mean a public servant as defined in subdivision nineteen of section two thousand six hundred one of the charter.
§ 3-225 Prohibition of gifts.
No person required to be listed on a statement of registration pursuant to section 3-213(c)(1) of subchapter 2 of this chapter shall offer or give a gift to any public servant.
§ 3-226 Enforcement.
Complaints alleging violations of this subchapter shall be made, received, investigated and adjudicated in a manner consistent with investigations and adjudications of conflicts of interest pursuant to chapters sixty-eight and thirty-four of the charter.
§ 3-227 Penalties.
Any person required to be listed on the statement of registration pursuant to section 3-213(c)(1) that knowingly and willfully violates any provision of this subchapter shall be subject to a civil penalty, which for the first offense shall be not less than two thousand five hundred dollars and not more than five thousand dollars, for the second offense not less than five thousand dollars and not more than fifteen thousand dollars, and for the third and subsequent offenses not less than fifteen thousand dollars and not more than thirty thousand dollars. In addition to such civil penalties, for the second and subsequent offenses a person required to be listed on the statement of registration pursuant to section 3-213(c)(1) that knowingly and willfully violates the provisions of this subchapter shall also be guilty of a class A misdemeanor.
Subchapter 3: Domestic Partnerships
§ 3-240 [Definitions.]
As used in this section, the following terms shall have the following meanings:
§ 3-241 Domestic partnership registration.
1. Either:
(a) both persons are residents of the city of New York or
(b) at least one partner is employed by the city of New York on the date of registration;
2. Both persons are eighteen years of age or older;
3. Neither of the persons is married;
4. Neither of the persons is a party to another domestic partnership, or has been a party to another domestic partnership within the six months immediately prior to registration;
5. The persons are not related to each other by blood in a manner that would bar their marriage in the state of New York;
6. The persons have a close and committed personal relationship, live together and have been living together on a continuous basis.
§ 3-242 Termination of domestic partnership.
§ 3-243 Confidentiality of domestic partnership information.
The city clerk shall establish procedures to ensure the confidentiality of information in the registry of domestic partnerships.
1. To the parties to the domestic partnership;
2. To individuals presenting written authorization from one of the parties to the domestic partnership;
3. To attorneys in cases where such records are required as evidence in a legal proceeding.
1. Where a party to the domestic partnership sends a third party to obtain their domestic partnership record without a letter of authorization, the third party may make the request and pay any applicable fee if the third party consents to having the record mailed directly to the party to the domestic partnership. The record shall not be released directly to the unauthorized third party.
2. If a person requires information concerning the prior history of domestic partnerships of a person who is that person’s domestic partner or spouse or prospective domestic partner or spouse, the office of the City Clerk shall, upon receiving adequate assurance that such person’s interest is as described in this paragraph, payment of the appropriate fee, and the furnishing of an approximate date of the registration of the partnership and sufficient information to search under at least one party’s name, confirm only the fact of a prior domestic partnership by a “yes” or “no” answer.
§ 3-244 Certificate of domestic partnership registration.
1. Bereavement leave and child care leave of absence for city employees;
2. Visitation in city correctional and juvenile detention facilities;
3. Visitation in facilities operated by the New York City health and hospitals corporation;
4. Eligibility to qualify as a family member to be added by the New York City housing authority to an existing tenancy as a permanent resident;
5. Eligibility to qualify as a family member entitled to succeed to the tenancy or occupancy rights of a tenant or cooperator in buildings supervised by or under the jurisdiction of the department of housing preservation and development;
6. Health benefits provided by the city to city employees and retirees and eligible members of their families, pursuant to stipulation or collective bargaining;
7. Such other rights or benefits as may be established pursuant to applicable law.
1. To the extent permitted by state and federal law, any benefit or service directly provided by the city of New York to persons based on spousal relationship shall be available to persons who are domestic partners pursuant to section 3-244 of the administrative code or in a relationship recognized as a domestic partnership pursuant to section 3-245 of the administrative code. For any person applying for such benefits or services, a certificate of domestic partnership registration or its equivalent as recognized pursuant to section 3-245 of the administrative code constitutes sufficient proof of domestic partnership.
2. Within 90 days of the effective date of the local law that added this subdivision, the administration shall furnish a report to the council that sets forth any benefit or service provided directly by the city that is available to persons based on spousal relationship and is not available to domestic partners on the same basis, and the reasons for why such benefits or services are not provided to such persons.
§ 3-245 Recognition of marriages not recognized by the state of New York, domestic partnerships, and civil unions of other jurisdictions.
§ 3-301 Bond of comptroller.
Before entering upon the duties of his or her office the comptroller shall give a bond to the city, conditioned upon the faithful performance of the duties of the comptroller’s office, in the penal sum of two hundred thousand dollars, with a surety company or two or more sufficient sureties to justify in double the amount under oath before a judge of the supreme court, on notice to the corporation counsel, whereupon the same shall be immediately filed with the city clerk by the comptroller.
§ 3-302 Bonds of deputy comptrollers.
Each deputy comptroller shall execute a bond to the city, conditioned for the faithful performance of the duties of his or her office, with one or more sureties, to be approved by the comptroller, in the penal sum of ten thousand dollars.
§ 3-303 Bureaus in office of comptroller.
There shall be four bureaus in the office of the comptroller:
§ 3-304 Other duties of bureaus.
All of such bureaus shall perform such other duties as the comptroller shall from time to time direct.
§ 3-305 Comptroller; custodian of evidences of debt, contracts.
The comptroller shall keep and file in the comptroller’s office all evidence of debts, contracts, bonds of indemnity and official bonds except as otherwise provided by law.
§ 3-306 Report as to outstanding contracts.
The comptroller may report to the mayor, the board of estimate and the council, from time to time, a statement of all contracts made by the city, or directed or authorized by the city and not performed or completed or upon which any moneys remain unpaid; with the amount of money remaining unpaid on each such contract.
§ 3-306.1 Property of city outside the city limits; payment of taxes.
§ 3-307 Forms for paying money.
The comptroller shall prescribe the manner in which all salaries shall be drawn, and the mode by which all creditors, officers and employees of the city shall be paid.
§ 3-308 Payment of salaries.
§ 3-309 Audit and payment of county charges and expenses.
All county charges and expenses and salaries of county officers in the counties of the city and each of them shall be audited by the comptroller and paid out of the fund or appropriation applicable thereto, and the audit of the comptroller in respect to such charges and expenses shall extend to the reasonableness thereof and shall, in all respects, be as full and complete as the audit of city charges and expenses.
§ 3-310 Comptroller; monthly reports from agencies.
The head of each agency shall furnish monthly to the comptroller a statement of the unencumbered and unexpended balances, contract or other liabilities, of appropriations and other authorizations for his or her agency, in such form as prescribed by the comptroller.
§ 3-311 Accounts of city collector and his or her deputies to be examined.
Whenever the city collector or any deputy collector shall cease to hold office, and within one year thereafter, it shall be the duty of the comptroller to examine the accounts of such city collector or deputy, and if found correct, to cause a certificate to that effect to be filed with the bond of such officer. Such certificate so filed shall be a full discharge and satisfaction of the conditions of such bond and the lien or liens thereby created. If at any time during the city collector’s continuance in office the city collector or a deputy collector shall execute and file with the comptroller a new bond in the same form and penalty, and for the same period, and approved as provided in section 11-115 of the code, it shall be the duty of the comptroller forthwith to cause a certificate to that effect to be filed with the bond or bonds previously filed by such officer. Such certificate so filed shall be the full discharge and satisfaction of the condition of such prior bond or bonds and of the lien or liens thereby created. The comptroller may settle and adjust all claims in favor of or against the city, the surety or the principal in such bond, arising out of the execution of such bonds and in his or her discretion may release from the lien created by such bonds any piece or parcel of land affected thereby.
§ 3-312 Statistical records to be compiled by city officials.
Every official or employee of the city, or of the counties included within the city, and every board or commission charged by law or by due authority with the custody of property of the city or the counties thereof, or with the direction of work done, or services performed, by or on behalf of the city or the counties therein, or the disbursement or receipt of moneys from the city or counties therein, and every person, official, board, commission or corporation receiving or disbursing moneys from the city or counties therein for public purposes, at such times, under such conditions, and in the manner directed to do so by the comptroller, shall furnish reports of facts relating to any or all of the property of the city, or the counties therein, or of such work or such services, or of the receipt or disbursement of moneys from the city or counties therein. Such officials and employees shall compile and maintain in their respective offices such system of statistical record as the comptroller may require appertaining to all matters referred to in this section.
§ 3-313 Monthly report of unexpended balances of appropriations.
The comptroller shall furnish to each head of an agency, monthly, a statement of the unexpended balances of the appropriation for his or her agency.
§ 3-314 Records; copies when in evidence.
A copy of any paper, record, book, document or map, filed in the office of the comptroller, or the minutes, records or proceedings, or any portion thereof, of any board or commission of which the comptroller is or may become a member, when certified by the comptroller, a deputy comptroller or any assistant deputy comptroller, to be a correct copy of the original, shall be admissible in evidence in any trial, investigation, hearing or proceeding in any court, or before any commissioner, board or tribunal, with the same force and effect as the original. Whenever a subpoena is served upon the comptroller or any member of a board or commission of which the comptroller is a member, or upon any officer or employee of the office of the comptroller, or upon any officer or employee of such board or commission, requiring the production upon any trial or hearing of an original paper, document, book, map, record, minutes or proceedings, the comptroller in his or her discretion, may furnish a copy certified as herein provided, unless such subpoena be accompanied by an order of the court or other tribunal before which the trial or hearing is had requiring the production of such original.
§ 3-316 Three following sections; how construed.
The three following sections shall not be construed to affect the powers of any commission acting under any laws of this state.
§ 3-317 Awards for grading of streets; definition of terms.
When used in this section and the two following sections, unless otherwise expressly stated:
§ 3-318 Award of damages to land and improvements by reason of grading of streets; measure of damages; presentation of claims.
1. When an owner has built upon or otherwise improved his or her property prior to the original establishment of a grade by lawful authority, such owner and the lessee thereof shall be entitled to damages only to such buildings and improvements for the grading of the street in accordance with such established grade.
2. When an owner has built upon or otherwise improved his or her property in conformity with the grade of any street or avenue established by lawful authority nd such grade is changed after such buildings or improvements have been erected, such owner and the lessee thereof shall be entitled to damages only to such buildings and improvements for the change of grade.
3. When a street has been graded to a special grade as set forth in this section, the comptroller shall be empowered to determine the damages sustained by each owner or lessee of the land fronting the portion of the street affected by the special grade. The damages shall be for the departure of the grade of the street from the normal grade as shown on the plan and profile submitted by the board of estimate to the comptroller.
§ 3-319 Power of the comptroller to issue subpoenas and administer oaths, to compel witnesses to testify.
For the purpose of settling or adjusting claims for damages under section 3-318, the comptroller may issue subpoenas and administer oaths to witnesses. The comptroller may issue a subpoena requiring such witness to appear at such time and place as the comptroller may designate in the subpoena.
§ 3-320 Action to recover damages.
1. the owners, parties or persons entitled thereto are
(a) under a legal disability, or
(b) absent from the city or
2. the owners, parties or persons entitled thereto
(a) cannot be found after diligent search, or
(b) are involved in a dispute as to their title to receive such awards. Such payment shall be as valid and effectual in all respects as if made to the owner or other person entitled thereto.
§ 3-401 Awards to spouses of killed firefighters, police officers, transit police officers, emergency medical technicians and advanced emergency medical technicians.
The mayor is authorized and empowered to make an award to the spouse or domestic partner of a member of the uniformed force of the police department, fire department, including emergency medical technicians and advanced emergency medical technicians employed by the fire department, or uniformed transit police force, maintained by the New York city transit authority, killed while engaged in the discharge of duty. Such award shall equal the annual salary of such member at the time of death, but in no case less than the full salary payable to a first grade police officer, firefighter, transit police officer, emergency medical technician or advanced emergency medical technician at the date of death of such employee.
In case there shall be no spouse or domestic partner surviving such member, the award shall be made to the minor child or children surviving such member. In case there shall be no spouse or domestic partner nor child nor children so surviving the award may be made to the dependent mother, father, or other dependents of such member. Such award shall be made in one payment as soon after the death of such member as may be possible and shall be in addition to any pension, award or other allowances authorized by law.
Notwithstanding any other provision of law to the contrary, and solely for the purposes of this section, a member otherwise covered by this section shall be deemed to have been killed while engaged in the discharge of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to Chapter 43 of Title 38 of the United States Code, and such member died while on such active duty or service in the uniformed services on or after June fourteenth, two thousand five while serving on such active military duty or in the uniformed services.
§ 3-402 Awards to surviving spouses and domestic partners of members of the uniformed correctional and sanitation forces.
The mayor is hereby authorized and empowered to make an award to the surviving spouse or domestic partner of a member of the uniformed correctional force or the uniformed sanitation force, employed by the department of correction in any prison or jail under control of the city, or any county within the city, or employed by the department of sanitation, who has been or hereafter shall be killed while engaged in the discharge of duty. Such award shall be fixed in the discretion of the mayor. In case there be no surviving spouse or domestic partner surviving the decedent, such award shall be made to the minor child or children surviving the decedent. Such award shall be paid in one payment as soon after the death of such member of the uniformed correctional or sanitation force as may be possible and shall be in addition to any pension, award or other allowance authorized by law. Notwithstanding any other provision of law to the contrary, and solely for the purposes of this section, a member otherwise covered by this section shall be deemed to have been killed while engaged in the discharge of duty upon which his or her membership is based, provided that such member was in active service upon which his or her membership is based at the time that such member was ordered to active duty pursuant to Title 10 of the United States Code, with the armed forces of the United States or to service in the uniformed services pursuant to 38 U.S.C. Chapter 43, and such member died while on such active duty or service in the uniformed services on or after June fourteenth, two thousand five while serving on such active military duty or in the uniformed services.
§ 3-403 Awards to survivors of certain civilian members of the police department.
§ 3-404 Awards to spouses and domestic partners of officers or employees of the city.
The mayor is hereby empowered to make an award to the spouse or domestic partner of any officer or employee of the city who was heretofore or shall hereafter be killed while engaged in the discharge of duty and who, at the time of death, was not or shall not have been a member of a retirement system or pension fund maintained by the city or supported in whole or in part by city funds. Such award shall equal the annual compensation earnable by such officer or employee as provided by law or in the budget for the fiscal year in which death occurs. In case there shall be no spouse or domestic partner surviving the decedent, the award shall be made to the minor child or children of such decedent. In case there shall be no spouse, domestic partner, or child or children so surviving, the award shall be made to the dependent mother, father, or other dependents of such decedent. Such award shall be paid in one payment as soon after the death of such officer or employee as may be possible.
§ 3-405 Awards for death or injuries received by persons other than peace officers while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances.
Direct action on the part of private citizens in preventing crimes against the person or property of others, preserving the peace or preventing public disturbances, benefits the entire public. The mayor is hereby authorized and empowered to make an award for the death of or injury to any person or persons, other than police officers or peace officers, which has been or shall hereafter be caused in attempting to prevent the commission of a crime against the person or property of another, preserve the peace or prevent public disturbances. Such award shall be fixed in the discretion of the mayor as a matter of grace and not as a matter of right, and shall, in the case of personal injuries, be based upon the medical expenses and loss of earnings incurred by such person injured while attempting to prevent the commission of a crime, preserve the peace or prevent public disturbances. In the case of the death of such person, such award shall be made to the surviving spouse or domestic partner, child or other dependent of such person; and the award may be in a single payment, or may be made in periodic payments under provisions similar to those set forth in section 13-244 of this code, which periodic payments may be in an amount not to exceed the amounts payable pursuant to such section as a pension to the surviving spouse or domestic partner, child or other dependent, as the case may be, of a deceased first-grade police officer. Petitions for an award hereunder must be presented to the mayor within six months after the happening of the occurrence which resulted in such injury or death. Before the mayor shall make such payment, he or she shall require the claimant to execute and deliver an assignment to the city, in such form as shall be approved by the corporation counsel, of an amount equal to the payments made or to be made by the city, payable out of the proceeds of any recovery, whether by judgment, settlement or otherwise, against the city or any person or any public or private corporation alleged to have been responsible for said death or injuries.
§ 3-406 Leases for public purposes.
All applications to lease any real property for the purposes of the city or any of the counties therein, including the premises required in accordance with law for armories and drill rooms and places of deposit for the safekeeping of arms, uniforms, equipment, accoutrements and camp equipage of the national guard, must be presented to and passed upon by the board of estimate. The board, upon the report of the commissioner of general services, and upon such further inquiry as such board, in its discretion, may make, may authorize a lease of such premises as shall be specified in its resolution, at the rent therein set forth for a period not exceeding twenty-one years. Such lease may contain a provision for renewals thereof at the option of the city. Such lease, however, shall not be authorized except at a fair and reasonable rent, and unless the board is satisfied, and shall so express, that it would be for the interest of the city that a lease of the premises for the purposes specified should be made. If the city, prior to the making of the lease, shall have entered upon the possession of the property, the lease may be made to commence as of the date when the occupation commenced.
§ 3-407 Transfer of streets.
The board of estimate may transfer the jurisdiction and control of any street from one agency to another agency.
§ 3-501 Receipts to be recorded and accounted for.
Each borough president shall enter the names of all persons from whom he or she may receive money for the city, on trust account or otherwise, with the amounts received, on what account, and when paid, in books to be provided for that purpose and kept in the borough president’s office, open at all convenient times to public inspection. The borough president shall render a verified account thereof, item by item, to the comptroller, on Thursday of each week, and shall thereupon pay over the amount so received to the director of finance, from whom he or she shall receive duplicate vouchers therefor, one of which the borough president shall file in the office of the comptroller on the same day.
§ 3-502 Permits.
In all cases where provision is made by law that the consent of a borough president shall be obtained to authorize any act to be done, he or she may grant a permit therefor, subject to the restrictions of all laws in relation thereto. Upon granting any such permit, the borough president may exact such cash deposit or bond, or both, as he or she may deem necessary to safeguard the interests of the city.
§ 3-503 President of borough to furnish information.
The president of any borough shall furnish the council and the board of estimate with such surveys, diagrams or other information as may enable them to discharge their duties relative to street and park improvements.
§ 3-504 Borough president; right of entry.
The president of any borough may enter in the day time upon any lands, tenements, hereditaments and waters which he or she shall deem necessary to be surveyed, used or converted, for the purpose of laying out, surveying and monumenting parks, streets, bridges, tunnels and approaches to bridges and tunnels or marking any boundary line or lines.
§ 3-505 Street numbers.
1. The owner, agent, lessee or other person in charge of any building in the city upon a street to which street numbers of buildings have been assigned by the president of the borough in which such building is situated, shall cause the proper street number or numbers of such buildings to be displayed in such manner that the street number or numbers may at all times be plainly legible from the sidewalk in front of such building. The term “front” as used in this section shall be construed to mean that side of the building which faces the street on which the number or numbers of such building, or premises on which such building is situated, have been assigned. The number or numbers shall be displayed on such side of such building or premises. Each borough president shall have the power to establish and enforce rules and regulations relating to the size, form, visibility and location of street numbers in accordance with the requirements of this section.
2. Where a building has frontage on more than one street, every side of such building that has an entrance primarily utilized for day-to-day pedestrian ingress and egress shall display either:
(a) The assigned street number of the street on which such entrance faces, or
(b) Both the street name and assigned street number of any other street on which an entrance of such building primarily utilized for day-to-day pedestrian ingress and egress faces.
§ 3-506 Borough presidents to adjust numbering.
In all cases where a street shall have been numbered or renumbered, the borough president having jurisdiction shall thereafter adjust and renumber such street as the same may be required from time to time. In numbering and renumbering houses, the borough president shall leave sufficient numbers on each block, so that, under any circumstances, there would be but one block where a change would be required, in case of renumbering at any subsequent time.
§ 3-507 Numbers in certain sections in the borough of Manhattan.
Whenever any street north of Ninth street, inclusive, in the borough of Manhattan, shall be directed to be numbered or renumbered, the president of such borough shall cause the numbers to commence at Fifth avenue, numbering east and west, beginning with number one, on the west side of Fifth avenue; number one hundred, on the west side of Sixth avenue; number two hundred on the west side of Seventh avenue, and so on, east and west of Fifth avenue, through the whole series of streets north of Ninth street, and including Ninth street. Such streets shall hereafter be called and known as East Ninth and West Ninth street, and so on, the dividing line to be Fifth avenue.
§ 3-508 Excavations or embankments near landmarks.
It shall be unlawful for any person to make any excavation or embankment, or to lay or move any pavement or flagging, within three feet of any monument or bolt, which has been set by proper authority, or designated on any official map as a landmark to denote street lines within the city, unless a permit therefor has been obtained from the president of the borough in which such monument or bolt is situated. Applications for such permits shall be in writing, and shall set forth the nature of the work proposed, and the location of all monuments or other landmarks affected thereby. The borough president shall thereupon cause one of the city surveyors or an engineer in the borough president’s office to take such measurements and field notes as may be necessary to restore such monuments or bolts to their correct position after the completion of the contemplated work, and, when such measurements and field notes have been taken, the required permit shall be issued.
§ 3-509 Removal or covering up of landmarks.
It shall be unlawful for any person to remove or cover up a monument or bolt for designating any street, without giving three days’ notice in writing of his or her intention so to do to the commissioner of transportation and to the president of the borough in which the monument or bolt is situated. Upon receiving such a notice, the borough president shall cause one of the city surveyors, or an engineer in the borough president’s office to take the necessary measures to raise or lower such monument or bolt to the proper grade of the street, and, when necessary, to cause such alteration to be noted on records to be kept in the borough president’s office for that purpose. Whenever a borough president shall ascertain that any monument or bolt has been removed, without such notice, he or she shall forthwith cause the same to be placed in its proper position, and shall note the same on the records in the manner hereinbefore stated. The expenses attending such replacement shall be paid by the comptroller, on the certificate of the borough president causing the work to be done.
§ 3-510 Violations.
Any person who shall make any excavation or embankment, or lay or take up any pavement or flagging within three feet of any monument, bolt or other landmark, without having first obtained a permit to perform such work, or who shall in any way remove or deface any monument, bolt or other landmark, shall be punished for each offense by a fine of fifty dollars, imprisonment for not more than thirty days, or both.
§ 3-601 Quadrennial advisory commission for the review of compensation levels of elected officials.
§ 3-701 Short title.
This chapter shall be known as the “New York City campaign finance act.”
§ 3-702 Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
(a) in-kind contributions of property, goods, or services;
(b) contributions in the form of the purchase price paid for an item with significant intrinsic and enduring value;
(c) contributions in the form of the purchase price paid for or otherwise induced by a chance to participate in a raffle, lottery, or similar drawing for valuable prizes;
(d) money order contributions from any one contributor that are, in the aggregate, greater than $100;
(e) contributions from individuals under the age of eighteen years;
(f) contributions from individual vendors to whom the participating candidate or his or her principal committee makes an expenditure, in furtherance of the nomination for election or election covered by the candidate’s certification, unless such expenditure is reimbursing an advance;
(g) contributions from lobbyists or other persons required to be included in a statement of registration filed pursuant to section 3-213(c)(1) or section 3-213(d). The board shall rely on the database maintained by the city clerk pursuant to section 3-221 or such other information known to the board to determine whether a contribution is not matchable based on the contributor’s status as a lobbyist or person required to be included in a statement of registration filed pursuant to section 3-213;
(h) contributions from contributors subject to the limitations of subdivision one-a of section 3-703 of this chapter; and
(i) contributions for which any person subject to the limitations of subdivision one-a of section 3-703 of this chapter acted as an intermediary.
(a) any gift, subscription, advance, or deposit of money or any thing of value, made in connection with the nomination for election, or election, of any candidate;
(b) any funds received by a political committee from another political committee to the extent such funds do not constitute a transfer;
(c) any payment, by any person other than a candidate or a political committee authorized by the candidate, made in connection with the nomination for election, or election, of any candidate, including but not limited to compensation for the personal services of any individual which are rendered in connection with a candidate’s election or nomination without charge; provided however, that none of the foregoing shall be deemed a contribution if it is made, taken or performed by a person or a political committee independent of the candidate or his or her agents or political committees authorized by such candidate pursuant to section 14-112 of the New York state election law. For purposes of this subdivision, the term “independent of the candidate or his or her agents or political committees authorized by such candidate pursuant to section 14-112 of the New York state election law” shall mean that the candidate or his or her agents or political committees so authorized by such candidate did not authorize, request, suggest, foster or cooperate in any such activity; and provided further, that the term “contribution” shall not include:
(i) the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee,
(ii) the use of real or personal property and the cost of invitations, food and beverages voluntarily provided by an individual to a candidate or political committee on the individual’s residential premises for candidate-related activities to the extent such services do not exceed five hundred dollars in value, and
(iii) the travel expenses of any individual who on his or her own behalf volunteers his or her personal services to any candidate or political committee to the extent such expenses are unreimbursed and do not exceed five hundred dollars in value.
A loan made to a participating candidate or his or her principal committee, or a non-participating candidate or his or her authorized committees other than in the regular course of the lender’s business shall be deemed, to the extent not repaid by the date of the first covered election in which such candidate is governed by this chapter following the date of the loan, a contribution by the lender. A loan made to a participating candidate or his or her principal committee, or a non-participating candidate or his or her authorized committees in the regular course of the lender’s business shall be deemed, to the extent not repaid by the date of the first covered election in which the candidate is governed by this chapter following the date of the loan, a contribution by the obligor on the loan and by any other person endorsing, cosigning, guaranteeing, collateralizing or otherwise providing security for the loan. Childcare services for which the candidate has received an approved statement of campaign childcare eligibility, but for which there is no campaign expenditure, shall not be deemed an in-kind contribution if rendered below cost.
b. Business dealings with the city as defined in this subdivision shall be as follows: for purposes of clause (i) of paragraph (a) of this subdivision, bids or proposals on contracts for the procurement of goods, services, or construction shall only constitute business dealings with the city of New York for the period from the later of the submission of the bid or proposal or the date of the public advertisement for the contract opportunity until twelve months after the date of such submission or advertisement, and contracts for the procurement of goods, services or construction shall only constitute business dealings with the city of New York during the term of such contract (or in the case of purchase contracts for goods, from the date of such purchase) and for twelve months thereafter, provided, however that where such contract award is made from a line item appropriation and/or discretionary funds made by an elected official other than the mayor or the comptroller, such contract shall only constitute business dealings with the city from the date of adoption of the budget in which the appropriation of such contract is included until twelve months after the end of the term of such contract; for purposes of clause (ii) of paragraph a of this subdivision, leases in which the city of New York is the proposed lessee shall only constitute business dealings with the city from the date the application for acquisition is filed pursuant to section 195 or the date of the certification of such application pursuant to section 197-c to a period of one year after the commencement of the lease term or after the commencement of any renewal and, where the city or any city affiliated entity is disposing of any real property interest, shall only constitute business dealings with the city from the date of the submission of a proposal and during the term of any agreement and one year after; for purposes of clause (iii) of paragraph (a) of this subdivision, applications for approval sought from the city of New York pursuant to the provisions of sections 197-c or 201 of the charter, except for applications for leases as described in clause (ii), shall only constitute business dealings with the city from the date of the certification of such application to the date that is one hundred twenty days after the date of filing by the council with the mayor of its action pursuant to subdivision e of section 197-d of the charter or, in the case of a decision of the city planning commission for which the council takes no action pursuant to paragraph (3) of subdivision (b) of section 197-d of the charter, the date which is twenty days following the filing of such decision with the council pursuant to subdivision a of section 197-d of the charter, provided, however, that in the case of a disapproval of a council action by the mayor pursuant to subdivision e of section 197-d of the charter, such date shall be one hundred twenty days after expiration of the ten day period for council override pursuant to such section; for purposes of clause (iv) of paragraph (a) of this subdivision, bids or proposals for franchises and concessions shall only constitute business dealings with the city of New York for the period from the submission of the bid or proposal until twelve months after the date of such submission, concessions shall only constitute business dealings with the city of New York during the term of such concession and for twelve months after the end of such term, and franchises shall only constitute business dealings with the city of New York for the period of one year after the commencement of the term of the franchise or after the commencement of any renewal; for purposes of clause (v) of paragraph (a) of this subdivision, grants shall constitute business dealings with the city of New York for one year after the grant is made; for purposes of clause (vi) of paragraph (a) of this subdivision, economic development agreements shall constitute business dealings with the city from the submission of an application for such agreement and during the term of such agreement and for one year after the end of such term; and for purposes of clause (vii) of paragraph (a) of this subdivision, contracts for the investment of pension funds, including the investments in a private equity firm and contracts with investment related consultants shall constitute business dealings with the city from the time of presentation of investment opportunity or the submission of a proposal, whichever is earlier, and during the term of such contract and for twelve months after the end of such term.
c. Notwithstanding anything in this subdivision, a person, as defined by subdivision 20 of section 3-702, who has submitted bids or proposals on contracts for the procurement of goods, services or construction or who has submitted bids or proposals for franchises or concessions that are no longer being considered for an award or a person who for any other reason believes he or she should not be on the database may apply to the city chief procurement officer or other person designated by the mayor for removal from the doing business database and shall be removed from the database upon a determination that said person should not be included in the database. The city chief procurement officer may promulgate rules for a process by which a person, as defined by subdivision 20 of section 3-702, may apply to the city chief procurement officer for a waiver from inclusion in the doing business database as defined by such subdivision in instances in which such person is providing essential goods, services or construction such as those necessary for security or other essential government operations. Such rules shall provide that the city chief procurement officer shall transmit to the board a copy of any application for a waiver and any such waiver may not be granted prior to the expiration of ten days from the date such application is received by the board. Such rules shall also provide that any such waiver may be granted only after substantial efforts have been made by the city chief procurement officer to obtain the information required by this law. Such rules shall also provide that the city chief procurement officer may grant the waiver only upon a finding that it is in the best interests of the city, which finding shall only be made upon a determination that (i) there is a compelling need to obtain such essential goods, services or construction from the person seeking the exemption and (ii) no other reasonable alternative exists in light of such considerations as cost, uniqueness and the critical nature of such goods, services or construction to the accomplishment of the purchasing agency’s mission. Such rules may also provide that a waiver may be granted when a person is doing business with the city by virtue of the city’s exercise of its powers of eminent domain. Any grant of a waiver shall be posted on the city’s and the board’s website in locations that are accessible by the public.
d. A person, as defined by subdivision 20 of section 3-702, shall be considered to have business dealings with the city as of the date the person’s name is entered in the doing business database, as such date is indicated in such database, or the date the person began doing business with the city, as such date is indicated in such database, whichever is earlier, except that the date on which the person is considered doing business with the city shall not be earlier than thirty days before the date the person’s name is entered into such database.
1. Contributions to charitable organizations designated as 501(c)(3) organizations pursuant to the internal revenue code;
2. Contributions to candidates and political committees subject to the provisions of section 3-705(8);
3. Community events including, but not limited to, events hosted by civic and neighborhood associations; provided, however, that this presumption shall not apply to sporting events, concerts, theater or other entertainment events which shall be subject to the provisions of paragraph b;
4. Ballot proposal advocacy where there are indicia that the expenditure relates to the candidate;
5. Travel related solely and exclusively to a political campaign for a covered office or the holding of public office; provided, however, that any travel not related solely and exclusively to a political campaign or the holding of public office shall be subject to the provisions of paragraph b;
6. Legal defense of a non-criminal matter arising out of a political campaign; 7. Computer hardware, software and other office technology purchased more than two weeks before the date of a primary election, in the case of a candidate who is opposed in the primary election, or two weeks before the date of a general election, in the case of a candidate who was not opposed in a primary election;
8. A post-election event for staff, volunteers and/or supporters held within thirty days of the election;
9. Payment of non-criminal penalties or fines arising out of a political campaign;
10. Costs incurred in demonstrating eligibility for the ballot or public funds payments or defending against a claim that public funds must be repaid;
11. Food and beverages provided to campaign workers and volunteers;
12. Expenditures to facilitate, support, or otherwise assist in the execution or performance of the duties of public office; and
13. Childcare services, provided that: (i) the candidate has received an approved statement of campaign childcare eligibility, pursuant to subdivision 23 of this section, demonstrating that such services are for a child or children under thirteen years of age for whom the candidate is a primary caregiver and that either the need for such services would not exist but for the campaign or the candidate has experienced a significant loss of salary or wage earnings that would not have occurred but for the campaign; and (ii) that expenditures for such services may only be incurred during the calendar year of the election, and the year immediately preceding the calendar year of the election, and may not be incurred after such election is held.
b. Campaign funds shall not be converted by any person to a personal use which is unrelated to a political campaign. Expenditures not in furtherance of a political campaign for elective office include the following:
1. Expenditures to defray the normal living expenses of the candidate, immediate family of the candidate or any other individual except for the provision of such expenses for professional staff as part of a compensation package;
2. Any residential or household items, supplies or expenditures;
3. Clothing, haircuts and other personal grooming;
4. Funeral, cremation or burial expenses including any expenses related to a death within a candidate’s or officeholder’s family;
5. Automobile purchases;
6. Tuition payments and childcare costs, except as permitted by subparagraph 13 of paragraph a of this subdivision;
7. Dues, fees or gratuities at a country club, health club, recreational facility or other nonpolitical organization unless part of a specific fundraising event that takes place on the organization’s premises;
8. Admission to a sporting event, theater, concert or other entertainment event not part of a specific campaign activity;
9. Expenditures for non-campaign related travel, food, drink or entertainment; if a candidate uses campaign funds to pay expenses associated with travel that involves both personal activities and campaign activities, the incremental expenses that result from the personal activities shall be considered for personal use unless the candidate benefiting from the use reimburses the campaign account within thirty days for the full amount of the incremental expenses; and
10. Gifts, except for brochures, buttons, signs and other campaign materials and token gifts valued at not more than fifty dollars that are for the purpose of expressing gratitude, condolences or congratulations.
§ 3-703 Eligibility and other requirements.
(a) meet all the requirements of law to have his or her name on the ballott, or, for a disbursement of optional public financing occurring prior to two weeks after the last day to file designating petitions for a primary election, certify that he or she intends to meet all the requirements of law to have his or her name on the ballot for the primary or general election;
(b) be a candidate for mayor, public advocate, comptroller, borough president or member of the city council in a primary, special, or general election and meet the threshold for eligibility set forth in subdivision two of this section;
(c) choose to participate in the public funding provisions of this chapter, by filing a written certification in such form as may be prescribed by the campaign finance board, which sets forth his or her acceptance of and agreement to comply with the terms and conditions for the provision of such funds. The deadline for filing such certification shall be:
(i) for a primary and general election, (A) the ninth Monday preceding the primary election, or such other later date as the board shall provide, or (B) the thirtieth day after a special election is held to fill a vacancy for the office sought by the candidate; whichever is later; provided, however, that any candidate who files such written certification prior to such date shall be permitted to rescind such certification in writing on or before such date or prior to the receipt of public funds, whichever occurs first;
(ii) for a special election to fill a vacancy, the fourteenth day after the proclamation of such special election.
(iii) A certification may be filed on or before the seventh day after the occurrence of an extraordinary circumstance in an election, as declared by the campaign finance board, following the receipt and review of a petition submitted by a candidate in such election. For purposes of this paragraph, an “extraordinary circumstance” shall include the death of a candidate in the election, the resignation or removal of the person holding the office sought, and the submission to the board of a written declaration by an officeholder that terminates his or her campaign for reelection;
(d) obtain and furnish to the campaign finance board, and his or her principal committee or authorized committees must obtain and furnish to the board, any information it may request relating to his or her campaign expenditures or contributions and furnish such documentation and other proof of compliance with this chapter as may be requested by such board, provided, however, that the board shall accept such required documentation through an electronically scanned transmission. For contributions submitted in support of a claim for matching funds, the following records shall be maintained by a candidate and his or her principal or authorized committee:
(i) for a contribution by cash, a contribution card containing the contributor’s name and residential address and the amount of the contribution;
(ii) for a contribution by money order, a copy of the money order, provided that a contribution card containing the contributor’s name and residential address shall be required if such information is not printed upon such money order by the issuing institution;
(iii) for a contribution by check, a copy of the check, made out to the principal or authorized committee, provided that a contribution card from the contributor demonstrating an intent to contribute shall be required if such check is signed by a person other than the contributor;
(iv) for a contribution by credit card, text message contribution or other contribution from a payment account, a record from the merchant, processor or vendor containing the contributor’s name, residential address, the amount of the contribution and an indicator showing that the contribution was charged to the contributor’s account and processed. For a contribution by text message, the contributor’s phone number must also be included, as well as the name, residential address and phone number of the registered user of the specific mobile device used to initiate the contribution, to the extent such information may be reasonably obtained under law;
(v) A contribution card shall not be required, except where specified, for contributions pursuant to subparagraphs (ii), (iii), and (iv) of this paragraph. Where a contribution card is required, such card may be completed by the candidate or his or her principal or authorized committee after the contribution has been made, provided that such card is dated, and signed or electronically affirmed by the contributor after such card has been completed by the candidate or his or her principal or authorized committee. Neither the candidate nor his or her principal or authorized committee shall alter or change a signed or affirmed contribution card;
(e) notify the board in the candidate’s written certification as to: (i) the existence of each authorized committee authorized by such candidate that has not been terminated, (ii) whether any such committee also has been authorized by any other candidate, and (iii) if the candidate has authorized more than one authorized committee, which authorized committee has been designated by the candidate as the candidate’s principal committee for the election(s) covered by the candidate’s certification; provided, that such principal committee (i) shall be the only committee authorized by such candidate to aid or otherwise take part in the election(s) covered by the candidate’s certification, (ii) shall not be an authorized committee of any other candidate, and (iii) shall not have been authorized or otherwise active for any election prior to the election(s) covered by the candidate’s certification. The use of an entity other than the designated principal committee to aid or otherwise take part in the election(s) covered by the candidate’s certification shall be a violation of this section and shall trigger the application to such entity of all provisions of this chapter governing principal committees;
(f) not accept and his or her principal committee, or authorized committees must not accept, either directly or by transfer, any contribution or contributions from any one individual, partnership, political committee, labor organization or other entity for all covered elections held in the same calendar year in which he or she is a participating candidate which in the aggregate: (i) for the office of mayor, public advocate or comptroller shall exceed two thousand dollars, or (ii) for borough president, shall exceed one thousand five hundred dollars, or (iii) for member of the city council, shall exceed one thousand dollars; or a non-participating candidate which in the aggregate: (i) for the office of mayor, public advocate or comptroller shall exceed three thousand five hundred dollars, or (ii) for borough president, shall exceed two thousand five hundred dollars, or (iii) for member of the city council, shall exceed one thousand five hundred dollars; provided that a participating candidate and his or her principal committee or a non-participating candidate and his or her authorized committees may accept additional contributions which do not exceed one half the amount of the applicable limitation for any run-off primary election, additional day for voting held pursuant to section 3-108 of the New York state election law, special election to fill a vacancy, run-off special election to fill a vacancy, delayed or otherwise postponed election, or election held pursuant to court order which is a covered election and in which the candidate seeks nomination for election or election; and provided further that for the purposes of this paragraph, contributions made by different labor organizations shall not be aggregated or treated as contributions from a single contributor for purposes of the contribution limit that is set forth in this paragraph if those labor organizations make contributions from different accounts, maintain separate accounts with different signatories, do not share a majority of members of their governing boards, and do not share a majority of the officers of their governing boards; and provided further that if state law prescribes a contribution limitation of a lesser amount, this paragraph shall not be deemed to authorize acceptance of a contribution in excess of such lesser amount. The maximum contributions set forth in this paragraph shall be adjusted in accordance with subdivision seven of this section;
(g) maintain and his or her principal committee or authorized committees must maintain such records of receipts and expenditures for a covered election as required by the board;
(h) not make expenditures from or use his or her personal funds or property or the personal funds or property jointly held with his or her spouse, domestic partner, or unemancipated children in connection with his or her nomination for election or election except as a contribution to his or her principal committee in an amount that does not exceed three times the maximum contribution amount applicable pursuant to paragraph (f) of this subdivision. Such candidate shall not make expenditures from or use other personal funds or property of his or her spouse, domestic partner or unemancipated children in connection with his or her nomination for election or election; provided that this paragraph shall not be construed to limit contributions by persons other than the candidate;
(i) not make and his or her principal committee must not make expenditures which in the aggregate exceed the applicable expenditure limitations set forth in section 3-706;
(j) meet the threshold for eligibility set forth in subdivision two of this section;
(k) not accept and his or her principal committee must not accept, either directly or by transfer, any contribution, loan, guarantee, or other security for such loan from any political committee for all covered elections held in the same calendar year in which he or she is a participating candidate, except as is otherwise provided for contributions by political committees pursuant to section 3-707 of this chapter; and
(l) not accept and his or her principal committee or authorized committees must not accept, either directly or by transfer, any contribution, loan, guarantee, or other security for such loan from any corporation, limited liability company, limited liability partnership or partnership, other than a corporation, limited liability company, limited liability partnership or partnership that is a political committee as defined in subdivision eleven of section 3-702 of this chapter, for all covered elections held in the same calendar year in which he or she is a participating or non-participating candidate, provided, however, that where a contribution is from a contributor whose name is followed by a professional designation including but not limited to “M.D.”, “Esq.” and “C.P.A.” the board shall not treat such contribution as coming from a corporation, limited liability company, limited liability partnership or partnership in the absence of further indicia that such contribution is from such an entity;
(m) fulfill the requirements of section 12-110 of the administrative code of the city of New York, including payment of any penalties as determined by the conflicts of interest board.
(i) The conflicts of interest board shall maintain a record of all candidates in compliance with section 12-110 of the administrative code of the city of New York. Such record shall indicate the date of filing of the candidate’s most recent annual disclosure report and the status of the candidate’s compliance with section 12-110 of the administrative code for all years for which the candidate is required to file. Such record shall be provided to the campaign finance board upon request.
(ii) A participating candidate shall fulfill the requirements of section 12-110 of the administrative code to the satisfaction of the conflicts of interest board by the twenty-fifth day after the last day for filing his or her designating or independent nominating petitions pursuant to the election law in the year of the covered election, or such other later date as the campaign finance board shall provide by rule, provided that in a special election to fill a vacancy such deadline shall be established by campaign finance board rule, and further provided that a participating candidate seeking public funds for a December 15, January 15, February 15, March 15, or April 15 payment date shall file a report or reports as required by subparagraph (a) of paragraph 2 of subdivision b of section 12-110 and in order for such candidate to receive public funds on any such payment date the participating candidate shall fulfill the requirements of section 12-110 to the satisfaction of the conflicts of interest board by no less than three days prior to such payment date. A participating candidate that files a report covering the first nine months of the year preceding the year of the covered election shall not be eligible for further receipt of public funds after January 15 of the year of the covered election until a report covering the entire calendar year preceding the year of the covered election, as required by subparagraph (a) of paragraph 2 of subdivision b of section 12-110, has been made to the satisfaction of the conflicts of interest board and if such requirements are not satisfied then such participating candidate shall be liable for the repayment of any public funds received for such covered election.
(iii) A participating candidate who fails to adhere to the requirements of subparagraph (ii) of this paragraph may thereafter satisfy the requirements of this paragraph by fulfilling the requirements of section 12-110 of the administrative code to the satisfaction of the conflicts of interest board. The campaign finance board shall thereafter allow the participating candidate to make a claim for public funds upon satisfying the requirements of this paragraph and all other applicable law, rules and regulations; provided, however that a failure to fulfill the requirements of section 12-110 of the administrative code to the satisfaction of the conflicts of interest board in a timely fashion pursuant to subparagraph (ii) of this paragraph may result in a delay of any payment of public funds by the board.
(n) satisfy any claim made by the board for the payment of civil penalties or repayment of public funds that remains outstanding against such candidate or his or her principal committee or an authorized committee of such candidate from a prior covered election, if (i) the candidate had written notice of such potential claim and ineligibility to receive public funds prior to filing a written certification for the current covered election pursuant to paragraph (c) of this subdivision, or (ii) in the event no such timely notice has been given pursuant to subparagraph (i), the candidate has been given an opportunity to present to the board reasons he or she should be eligible to receive public funds.
(o) agree that expenditures by his or her principal committee for the purpose of advocating a vote for or against a proposal on the ballot in an election that is also a covered election shall be subject to the contribution and expenditure limitations applicable in such covered election.
1-a. Notwithstanding any inconsistent provision of this section, a participating candidate or his or her principal committee may not accept, either directly or by transfer, any contribution or contributions for a covered election in which he or she is a participating candidate from a natural person who has business dealings with the city, as that term is defined in subdivision eighteen of section 3-702 of this chapter, if the aggregate of such contributions to such candidate from such person for all covered elections in the same calendar year exceeds: (i) for the office of mayor, public advocate or comptroller four hundred dollars; (ii) for borough president three hundred twenty dollars; and (iii) for member of the city council two hundred fifty dollars; provided that a participating candidate or his or her principal committee may accept additional contributions which do not exceed one half the amount of the applicable limitation for any run-off primary election, additional day for voting held pursuant to section 3-108 of the New York state election law, special election to fill a vacancy, run-off special election to fill a vacancy, delayed or otherwise postponed election, or election held pursuant to court order which is a covered election and in which the candidate seeks nomination for election or election. Any contribution made pursuant to this section shall not be a matchable contribution. For purposes of this subdivision, “person” shall include any chief executive officer, chief financial officer and/or chief operating officer of an entity which has business dealings with the city, any person employed in a senior managerial capacity regarding such an entity, or any person with an interest in such an entity which exceeds ten percent of the entity. For purposes of this subdivision, the phrase “senior managerial capacity” shall mean a high level supervisory capacity, either by virtue of title or duties, in which substantial discretion and oversight is exercised over the solicitation, letting or administration of business transactions with the city, including contracts, franchises, concessions, grants, economic development agreements and applications for land use approvals. Notwithstanding any provision of this subdivision, the limitations on contributions contained herein shall not apply to any contribution made by a natural person who has business dealings with the city to a participating candidate or his or her principal committee where such participating candidate is the contributor, or where such participating candidate is the contributor’s parent, spouse, domestic partner, sibling, child, grandchild, aunt, uncle, cousin, niece or nephew by blood or by marriage.
1-b. Individuals and organizations having business dealings with the city of New York.
a. Each participating candidate and his or her principal committee shall provide to every individual or entity making a contribution, loan, guarantee or other security for such loan in excess of the amounts set forth in subdivision 1-a of section 3-703 a notice containing the statement “If a contributor has business dealings with the City as defined in the campaign finance act, such contributor may contribute only up to two hundred fifty dollars for city council, three hundred twenty dollars for borough president and four hundred dollars for mayor, comptroller or public advocate.” The principal committee shall report each contribution to the board on the next applicable filing deadline in accordance with the board’s disclosure schedule. The board shall check each contribution against the doing business database and shall notify the principal committee within twenty days of the reporting of such contribution if a contribution exceeding the doing business contribution limitation set forth in subdivision 1-a of section 3-703 is subject to such limitations of this subchapter or if a contribution is not matchable pursuant to such subdivision. Notwithstanding any provision in this subdivision, in the six weeks preceding the covered election the board shall provide such notification to the principal or authorized committee within four business days of the reporting of such contribution to the board in accordance with applicable reporting deadlines. If the board fails to notify the principal committee that a contribution is in excess of the limitations set forth in subdivision 1-a of section 3-703 of this chapter in accordance with this subdivision, any such contribution shall be deemed valid for purposes of such limitation, provided, however, that no such contribution shall be matchable. Such principal committee shall have twenty days from the date of any such notification to return the amount of any contribution in excess of the limitations set forth in subdivision 1-a of section 3-703 to the contributor. No violation shall issue and no penalty shall be imposed where such excess amount is postmarked or delivered within twenty days of such notification by the board and the board shall not designate a candidate as having accepted a contribution in excess of such limitations where such excess has been returned in accordance with the time limitations set forth herein. Failure to return such excess amount in accordance with the provisions herein shall not result in the board withholding public funds for which the participating candidate’s principal committee is otherwise eligible pursuant to section 3-705 of this chapter; provided, however, that the board may deduct an amount equal to the total unreturned contributions in excess of the limitations set forth in subdivision 1-a of section 3-703 of this chapter from such payment of public funds. For purposes of this section, “individual” shall include any chief executive officer, chief financial officer, and/or chief operating officer of an entity or persons serving in an equivalent capacity, any person in a senior managerial capacity regarding an entity, or any person with an interest in an entity, which exceeds ten percent of the entity. For purposes of this subdivision, the phrase “senior managerial capacity” shall mean a high level supervisory capacity, either by virtue of title or duties, in which substantial discretion and oversight is exercised over the solicitation, letting or administration of business transactions with the city, including contracts, franchises, concessions, grants, economic development agreements, and applications for land use approvals.
1-c. Notwithstanding any inconsistent provision of this section, a participating and non-participating candidate and his or her principal or authorized committee may accept text message contributions; provided, however, that such contributions may not exceed ninety nine dollars per contributor per candidate for all covered elections in the same calendar year, and further provided that the contributor shall certify via text message that he or she will personally pay the amount specified to the wireless service provider, and shall provide such other certifications as the board shall require. A text message contribution shall be attributed to the individual who is the registered user of the specific mobile device from which the contribution was initiated; shall be reported in accordance with the requirements of subdivision six of this section; and shall be a matchable contribution pursuant to subdivision three of section 3-702, provided such contribution meets the requirements of that subdivision, of this section, and of the rules of the board.
2. (a) The threshold for eligibility for public funding for participating candidates in a primary or general election for mayor, public advocate, comptroller, borough president or member of the city council, or special election to fill a vacancy for borough president or member of the city council, shall be in the case of:
(i) mayor, not less than two hundred fifty thousand dollars in matchable contributions comprised of sums up to two hundred fifty dollars per contributor including at least one thousand matchable contributions of ten dollars or more;
(ii) public advocate and comptroller, not less than one hundred twenty-five thousand dollars in matchable contributions comprised of sums of up to two hundred fifty dollars per contributor including at least five hundred matchable contributions of ten dollars or more;
(iii) borough president, an amount equal to the number of persons living in such borough as determined by the last census multiplied by two cents in matchable contributions comprised of sums of up to one hundred seventy-five dollars per contributor including at least one hundred matchable contributions of ten dollars or more from residents of the borough, or ten thousand dollars comprised of sums of up to one hundred seventy-five dollars per contributor, whichever is greater.
(iv) member of the city council, not less than five thousand dollars in matchable contributions comprised of sums of up to one hundred seventy-five dollars per contributor including at least seventy-five matchable contributions of ten dollars or more from residents of the district in which the seat is to be filled.
(b) Any participating candidate meeting the threshold for eligibility in a primary election for one of the foregoing offices shall be deemed to have met the threshold for eligibility for such office in any other election, other than a special election to fill a vacancy, held in the same calendar year.
(c) For any special election to fill a vacancy for mayor, public advocate or comptroller, the threshold dollar amount of summed matchable contributions pursuant to subparagraphs (i) and (ii) of paragraph (a) of this subdivision shall be halved.
(b) Notwithstanding paragraph (a) above:
(i) an intermediary need not be reported for any contribution to a participating or limited participating candidate and his or her principal committee or a non-participating candidate and his or her authorized committees that was collected from a contributor in connection with a party or other candidate-related event held at the residence of the person delivering the contribution, unless the expenses of such events at such residence for such candidate exceed five hundred dollars for a covered election or the aggregate contributions received from that contributor at such events exceed five hundred dollars;
(ii) contributions aggregating not more than ninety-nine dollars from any one contributor for all covered elections held in a single calendar year or for a special election need not be separately itemized in disclosure reports submitted to the board on behalf of a participating, or limited participating or non-participating candidate and his or her principal committee or authorized committees, provided, however, that contributions which are not itemized shall not be matchable;
(iii) the treasurer of the principal committee need not collect or disclose the occupation, employer, and business address of any contributor making contributions aggregating not more than ninety-nine dollars for all covered elections held in a single calendar year or for a special election; provided, however, such occupation, employer, and business address shall be disclosed if such contributors are employees of a participating or limited participating candidate or the spouse or domestic partner of such candidate or an entity in which such candidate, spouse or domestic partner has an ownership interest of ten percent or more or a management position, including, but not limited to, being an officer, director or trustee; and
(iv) disclosure reports, other than reports required to be filed every six months in accordance with the schedule specified by the New York state board of elections, need not be submitted on behalf of a participating or limited participating candidate and his or her principal committee or a non-participating candidate and his or her authorized committees if the cumulative amount of contributions and loans accepted by such candidate and committee following the period covered in the last disclosure report submitted to the campaign finance board on behalf of such candidate is less than two thousand dollars or such higher amount as may be determined by the campaign finance board, provided, however, that disclosure reports shall be submitted on behalf of a participating or limited participating candidate and his or her principal committee or a non-participating candidate and his or her authorized committees if that candidate and his or her committee have made expenditures in excess of forty-five percent of the expenditure limitation applicable to participating and limited participating candidates under section 3-706. The campaign finance board shall make available to the public a copy of disclosure reports within two business days after they are accepted by the board.
6-a. Any rules promulgated by the board to require that disclosure reports submitted pursuant to this chapter be submitted in an electronic format shall provide exemptions for small campaigns, as defined by board rules, and for other campaigns that demonstrate that submission in an electronic format would pose a substantial hardship.
(b) The board shall review each disclosure report timely submitted by a candidate prior to the last date upon which such candidate may file a certification pursuant to paragraph (c) of subdivision one of this section, or subdivision one of section 3-717, and issue to the candidate a review within 30 days of the date upon which such disclosure report was due, provided a candidate may agree to an extension of time for such review by the board. Any response from the candidate to such review shall be due no earlier than when the next disclosure report is due. Such review shall inform the candidate of relevant questions the board has concerning the candidate’s: (i) compliance with requirements of this chapter and of the rules issued by the board; and (ii) qualification for receiving public funds pursuant to this chapter. In the course of this review, the board shall give candidates an opportunity to respond to and correct potential violations, before the deadline for filing a certification pursuant to paragraph (c) of subdivision one of this section, or subdivision one of section 3-717, and give candidates an opportunity to address questions the board has concerning their matchable contribution claims or other issues concerning eligibility for receiving public funds pursuant to this chapter; provided, however, this paragraph shall not apply to the last required disclosure report before the deadline for filing a certification pursuant to paragraph (c) of subdivision one of this section or subdivision one of section 3-717. Nothing in this paragraph shall preclude the board from subsequently reviewing such disclosure reports and taking any action otherwise authorized under this chapter, provided that the board shall not invalidate a matchable contribution claim in a subsequent review unless the board learns of new information that is relevant to the eligibility for matching of such contribution claim and that was not available to the board at the time of the initial review.
(i) be attributed to previous contributions in accordance with the duly promulgated rules of the campaign finance board applicable to such transfer or use;
(ii) exclude an amount equal to the total of:
(A) such previous contributions, or portions thereof, that violate the limitations, restrictions, or prohibitions of the charter and this chapter applicable in the covered election for which the principal committee is designated; and
(B) such previous contributions, or portions thereof, for which the principal committee has not obtained and submitted to the board, prior to receipt of the transfer, evidence of the contributor’s intent to designate the contribution for such covered election, and any other record, as determined by the rules of the board; and
(iii) not be matchable.
(b) Each transfer, the contributions to which the transfer is attributed, and all expenditures made in connection with such contributions shall be reported to the board in the next disclosure report due pursuant to this section 3-703 after the transfer is received. These expenditures shall, at a minimum, include all expenditures made by the political committee making the transfer during the election cycle of the covered election. The board shall issue instructions defining the circumstances in which such disclosure reports shall also include additional expenditures made by other political committees authorized by the participating candidate that originally received such contributions and additional expenditures made prior to such election cycle. Such expenditures shall be applied to the expenditure limit applicable under 3-706.
(c) Participating candidates shall have the burden of demonstrating that expenditures reported pursuant to paragraph (b) of this subdivision are not subject to the expenditure limit applicable under section 3-706 and are not a basis for reducing public funds payments pursuant to subdivision eight of section 3-705 of this chapter.
(d) Nothing in this subdivision is intended to modify or supersede any federal law that prohibits or otherwise restricts the use of campaign or donated funds by political committees, candidates or federal officeholders.
(b) Whenever a participating, limited participating, or non-participating candidate, or the authorized or principal committee of such a candidate, authorizes any individual or entity other than such participating, limited participating, or non-participating candidate, or the authorized or principal committee of such a candidate, to pay for any literature, advertisement or other communication in support of or in opposition to any candidate in any covered election, such communication shall disclose that the communication has been authorized by such candidate or committee.
§ 3-704 Qualified campaign expenditures.
(a) an expenditure in violation of any law;
(b) payments made to the candidate or a spouse, domestic partner, child, grandchild, parent, grandparent, brother or sister of the candidate or spouse or domestic partner of such child, grandchild, parent, grandparent, brother or sister, or to a business entity in which the candidate or any such person has a ten percent or greater ownership interest;
(c) payments in excess of the fair market value of services, materials, facilities or other things of value received in exchange;
(d) (i) any expenditure made after the candidate has been finally disqualified or had his or her petitions finally declared invalid by the New York city board of elections or a court of competent jurisdiction, except that such expenditures may be made:
(A) as otherwise permitted pursuant to subdivision seven of section 3-709 of this chapter, or
(B) for a different covered election, other than a special election to fill a vacancy, held later in the same calendar year in which the candidate seeks election for the same office; provided, however, that public funds originally received for a special election to fill a vacancy may not be retained for expenditure in any other election;
(ii) any expenditure made after the only remaining opponent of the candidate has been finally disqualified or had his or her petitions finally declared invalid by the New York city board of elections or a court of competent jurisdiction, except that such expenditures may be made for a different covered election, other than a special election to fill a vacancy, held later in the same calendar year in which the candidate seeks election for the same office; provided, however, that public funds originally received for a special election to fill a vacancy may not be retained for expenditure in any other election;
(e) payments in cash;
(f) any contribution, transfer, or loan made to another candidate or political committee;
(g) gifts, except brochures, buttons, signs and other printed campaign material;
(h) any expenditure to challenge the validity of petitions of designation or nomination, or of certificates of nomination, acceptance, authorization, declination, or substitution, and expenses related to the canvassing of election results, made pursuant to subdivision four of section 3-706;
(i) an expenditure made primarily for the purpose of expressly advocating a vote for or against a ballot proposal, other than expenditures made also to further the participating candidate’s nomination for election or election;
(j) payment of any penalty or fine imposed pursuant to federal, state or local law;
(k) payments made through advances, except in the case of individual purchases in excess of two hundred fifty dollars;
(l) expenditures to facilitate, support, or otherwise assist in the execution or performance of the duties of public office; or
(m) childcare services.
§ 3-705 Optional public financing.
Each participating candidate for nomination for election or election in a covered election may obtain payment to his or her principal committee from public funds for qualified campaign expenditures, in accordance with the provisions of this chapter, and subject to appropriation.
(b) In no case shall the principal committee of a participating candidate receive public funds pursuant to paragraph (a) above in excess of an amount equal to the expenditure limitation provided in subdivision one of section 3-706 for the office for which such candidate seeks nomination for election or election, less such expenditure limit divided by the addition of the number one and the dollar amount for each one dollar of matchable contributions for such office pursuant to paragraph a of this subdivision.
(c) No funds shall be provided pursuant to this subdivision with respect to any covered election specified in subdivision five of this section.
(b) The board shall promulgate rules to provide for the prompt issuance of additional public funds to eligible participating candidates for qualified campaign expenditures in the case of an additional day for voting held pursuant to section 3-108 of the New York state election law, an election held pursuant to court order, or a delayed or otherwise postponed election.
(c) Except as provided for by this subdivision and any rules promulgated hereby, no public funds shall be provided to any candidate for any run-off primary election, run-off special election to fill a vacancy, additional day for voting, election held pursuant to court order, or delayed or otherwise postponed election.
(1) the participating candidate has submitted a certified signed statement attesting to the need and stating the reason for additional public funds in such election, in which case the board shall publish such statement and supporting documentation at the time such additional public funds are paid, including on the board’s internet website. The board shall be authorized to verify the truthfulness of any certified statement submitted pursuant to this paragraph and of any supporting documentation. Such statement must certify that (i) one or more of the following conditions apply and (ii) such condition or conditions reasonably demonstrate the need for such public funds, and the participating candidate must provide documentation demonstrating the existence of such condition or conditions:
(A) the participating candidate is opposed by (i) a non-participating candidate or (ii) a limited participating candidate, and provides a factual basis with supporting documentation of such candidate’s ability to self finance;
(B) the participating candidate is opposed by a candidate who has received (i) the endorsement of a citywide or statewide elected official or a federal elected official representing all or a portion of the area covered by the election; (ii) two or more endorsements from other city elected officials who represent all or a part of the area covered by the election; or (iii) endorsements of one or more membership organizations with a membership of over 250 members;
(C) the participating candidate is opposed by a candidate who has had significant media exposure in the twelve months preceding the election. For purposes of this paragraph, significant media exposure shall mean appearance of the opponent or his or her name on television or radio in the area of the covered election or in print media in general circulation in the area of the covered election at least twelve times in the year preceding the covered election; provided, however, that the listing of names of candidates or potential candidates for a covered election without additional information concerning the opponent shall not constitute an appearance for purposes of this paragraph;
(D) the participating candidate is opposed by a candidate who has received twenty-five percent or more of the vote in an election for public office in an area encompassing all or part of the area that is the subject of the current election in the last eight years preceding the election;
(E) the participating candidate is opposed by a candidate whose name is substantially similar to the candidate’s so as to result in confusion among voters, as determined by the board;
(F) the participating candidate in a city council or borough-wide race is opposed by a candidate who is a chairman or president of a community board or district manager of a community board; or
(G) the participating candidate is opposed by a candidate whose spouse, domestic partner, sibling, parent or child holds or has held elective office in an area encompassing all or part of the area of the covered election in the past ten years;
(2) the participating candidate is opposed in a primary or special election for an office for which no incumbent is seeking re-election; or
(3) the participating candidate is opposed by any candidate who has received public funds payments for the covered election.
(b) If any of the conditions described in subparagraphs (1), (2), or (3) of paragraph (a) occur in such election, the board shall pay any and all additional public funds due to the participating candidate up to the maximum total payment applicable in such election under subdivisions two or six of this section or subdivision three of section 3-706 of this chapter.
(a) such principal committee has received contributions (other than matchable contributions) that, in the aggregate, exceed the total of such contributions to other political committees and
(b) such contributions in the aggregate do not exceed:
(i) three thousand dollars, if such principal committee is the principal committee of a participating candidate seeking nomination for election or election to the office of member of the city council;
(ii) five thousand dollars, if such principal committee is the principal committee of a participating candidate seeking nomination for election or election to the office of borough president; and
(iii) ten thousand dollars, if such principal committee is the principal committee of a participating candidate seeking nomination for election or election to a city-wide office.
§ 3-706 Expenditures limitations.
(a) Except as provided in paragraph (b) of this subdivision, in each primary election, in each special election to fill a vacancy, and in each general election, expenditures by a participating candidate or a limited participating candidate and his or her principal committee for one of the following offices shall not exceed the following amounts:
| mayor: | $6,158,000 |
|---|---|
| public advocate or comptroller: | $3,850,000 |
| borough president: | $1,386,000 |
| member of the city council: | $161,000 |
~
(b) (i) The expenditure limitation in a run-off primary election held pursuant to section 6-162 of the New York state election law or a run-off special election held to fill a vacancy shall be one half the amount of the applicable limitation provided for an election for such office pursuant to the provisions of paragraph (a) of this subdivision.
(ii) The board shall promulgate rules to provide for a separate expenditure limit applicable to campaign expenditures for an additional day for voting held pursuant to section 3-108 of the New York state election law, an election held pursuant to court order, or a delayed or otherwise postponed election.
(c) Expenditures by participating or limited participating candidates in a primary election made prior to or on the date of such primary election shall be deemed to have been made for such primary election.
(d) The campaign finance board shall, pursuant to section 3-713, submit a report to the mayor and the council on or before September first, nineteen hundred ninety, containing its recommendations whether the expenditure limitations provided by this subdivision should be modified. Such report shall set forth the amount of, and reasons for, any modifications it recommends.
(e) Not later than the first day of March in the year two thousand ten and every fourth year thereafter the campaign finance board shall (i) determine the percentage difference between the average over a calendar year of the consumer price index for the metropolitan New York-New Jersey region published by the United States bureau of labor statistics for the twelve months preceding the beginning of such calendar year and the average over the calendar year two thousand seven of such consumer price index; (ii) adjust each expenditure limitation applicable either pursuant to this subdivision or subdivision 2 of this section by the amount of such percentage difference to the nearest thousand dollars; and (iii) publish such adjusted expenditure limitation in the City Record. Such adjusted expenditure limitation shall be in effect for any election held before the next such adjustment.
| mayor, public advocate or comptroller: | $290,000 |
|---|---|
| borough president: | $129,000 |
| member of the city council: | $43,000 |
~
2-a. (a) If the expenditures made by a candidate and his or her principal committee subject to the expenditure limitation of subdivision two of this section exceed the amount of the expenditure limitation applicable under such subdivision, such candidate or his or her principal committee shall not be ineligible to receive public funding for qualified campaign expenditures or be in violation of this chapter by reason of exceeding such limitation unless the amount by which such expenditures exceed such limitation is in excess of the expenditure limitation which next applies to such candidate or his or her principal committee pursuant to subdivision one of this section; and further provided that the amount of the expenditure limitation which next applies to such candidate or his or her principal committee, pursuant to subdivision one of this section, shall be reduced by the amount by which the expenditure limitation applicable under subdivision two of this section is exceeded.
(b) Nothing contained in paragraph (a) of this subdivision shall:
(i) operate to increase or decrease the amount of public funds that may be received pursuant to section 3-705 by the principal committee;
(ii) affect the expenditure limitation set forth in paragraph (b) of subdivision one of this section; or
(iii) affect the expenditure limitation set forth in paragraph (a) of subdivision one of this section for purposes of the application of subdivision three of this section.
(b) If any candidate in any covered election chooses not to file a certification as a participating or limited participating candidate pursuant to this chapter, and where the campaign finance board has determined that such candidate and his or her authorized committees have spent or contracted or have obligated to spend, or received in loans or contributions, or both, an amount which, in the aggregate, exceeds three times the applicable expenditure limit for such office fixed by subdivision one of this section, then such expenditure limit shall no longer apply to participating candidates and limited participating candidates in such election for such office.
(b) A participating candidate shall be required to provide detailed documentation substantiating all exempt expenditure claims made pursuant to this subdivision.
(b) Not later than the first day of March in the year two thousand twenty-two and every fourth year thereafter the campaign finance board shall (i) determine the percentage difference between the average over a calendar year of the consumer price index for the metropolitan New York-New Jersey region published by the United States bureau of labor statistics for the twelve months preceding the beginning of such calendar year and the average over the calendar year two thousand eighteen of such consumer price index; (ii) adjust each expenditure limitation applicable pursuant to this subdivision by the amount of such percentage difference to the nearest thousand dollars; and (iii) publish such adjusted expenditure limitation in the City Record. Such adjusted expenditure limitation shall be in effect for any election held before the next such adjustment.
§ 3-707 Voluntary registration by political committees.
§ 3-708 Campaign finance board.
(a) one member appointed by the speaker for a term of one year;
(b) one member appointed by the mayor for a term of two years;
(c) one member appointed by the speaker for a term of three years;
(d) one member appointed by the mayor for a term of four years; and
(e) the chairperson for a term of five years.
(b)* Each term shall commence on April first, nineteen hundred eighty-eight. Thereafter, each member shall be appointed for a term of five years by the mayor or the speaker, according to the original manner of appointment. In case of a vacancy in the office of a member, a member shall be appointed to serve for the remainder of the unexpired term by the mayor or the speaker, according to the original manner of appointment. In the case of a vacancy in the office of a member for which a member is holding over after expiration of the term for which the member was appointed, an appointment to such office made after June 1 in a year in which covered elections are scheduled shall not take effect prior to December 1 of that calendar year. Each member shall be a resident of the city, registered to vote therein. Each member shall agree not to make contributions to any candidate for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the council which in the aggregate are in excess of the maximum contribution applicable to such office pursuant to paragraph (f) of subdivision one of section 3-703. No member shall serve as an officer of a political party or be a candidate or participate in any capacity in a campaign by a candidate for nomination for election or election to the office of mayor, public advocate, comptroller, borough president or member of the city council. Officers and employees of the city or any city agency, lobbyists required to file a statement of registration under section 3-213 and the employees of such lobbyists shall not be eligible to be members of the board. In appointing members to the board, the mayor and the speaker shall consider campaign experience in general and particularly campaign experience with the New York city campaign finance system. Members of the board shall be required to undergo training developed pursuant to paragraph 14 of subdivision a of section 1052 of the charter.
(b) The board shall develop a program for informing candidates and the public as to the purpose and effect of the provisions of this chapter. The board shall prepare and make available educational materials, including compliance manuals and summaries and explanations of the purposes and provisions of this chapter. These materials shall be prepared in plain language. The board shall prepare and make available materials, including, to the extent feasible, computer software, to facilitate the task of compliance with the disclosure and record-keeping requirements of this chapter. When disclosure reports are generated by use of the board’s disclosure software, the board shall provide an opportunity for candidates to test their electronic filings on any of the three business days prior to the deadline for the filing of such disclosure reports. Any disclosure software issued by the board on or after January 1, 2008 shall enable users to meet their electronic disclosure obligations under this chapter and under article 14 of the election law, provided that if such disclosure software does not enable users to meet their electronic disclosure obligations under article 14 of the election law then the board shall, upon the request of any user, prepare and deliver to the user an individual electronic file that enables the user to meet such obligations in a timely manner, and, for every date upon which disclosure filings are due from candidates and such disclosure software does not have such functionality, report to the council, mayor and users the cause for such disclosure software not enabling users to meet such obligations and the date upon which such disclosure software is expected to have such functionality. Such disclosure software shall provide a notice to any user that enters an expenditure for childcare services, pursuant to subparagraph 13 of paragraph a of subdivision 21 of section 3-702, advising such user of the requirement to obtain an approved statement of campaign childcare eligibility prior to incurring such expenditure.
§ 3-709 New York city campaign finance fund.
(b) No moneys shall be paid to participating candidates in a run-off special election held to fill a vacancy any earlier than the day after the day of the special election for which such run-off special election is held.
§ 3-709.5 Mandatory debates.
(1) (a) In any year in which a primary, general or special election is to be held, any participating candidate and any limited participating candidate for nomination or election to a city-wide office shall participate in either of the two pre-election debates, or both, held pursuant to this section for which he or she is eligible and is required to debate pursuant to this section. A participating candidate or limited participating candidate for nomination or election to a city-wide office is eligible to participate in a debate for each election in which he or she is on the ballot if he or she has met such criteria for participation as specified in this section, and as shall be further specified in any agreement between the debate sponsor and the board.
(b) In any year in which a run-off primary or run-off special election to fill a vacancy for a city-wide office is held, any participating candidate and any limited participating candidate for nomination or election to such city-wide office who is on the ballot shall participate in one run-off election debate. If, seven days prior to the date of the run-off election debate, the New York city board of elections has not yet approved a finalized run-off ballot, the participating and limited participating candidates with the two highest vote counts in the primary or special election immediately preceding the run-off election, as determined by the New York city board of elections unofficial election results, shall participate in one run-off election debate. If any additional candidate is separated from the candidate with the second highest vote count by one percent or less of all votes cast in the special or primary election immediately preceding the run-off election, as determined by the New York city board of elections unofficial election results, then such candidate shall also participate in such run-off election debate. If the New York city board of elections determines prior to the run-off debate that a run-off election will not take place, the debate sponsors and the board shall cancel the run-off election debate.
(c) In the case of a primary election, the debate shall be among participating candidates and limited participating candidates seeking the nomination of the same political party who meet the requirements provided in paragraph (a) of this subdivision. If there is no contested primary election for an office in a political party then no debate for that party’s nomination shall be held pursuant to this section.
(d) Each debate held pursuant to this section shall be at least one hour’s duration.
(a) The written application shall:
(i) demonstrate that the organization and any proposed co-sponsor meet the criteria of subdivision four of this section;
(ii) specify any elections and offices for which the organization seeks to sponsor debates;
(iii) set forth proposed dates, times, durations, and locations of the debates and the specific and exclusive circumstances under which the dates or times may be changed, together with a provision for when the rescheduled debates would be held;
(iv) provide a detailed description of the format and ground rules for the debates;
(v) verify that the staging, promotion, and coverage of the debates shall be in conformance with all applicable laws;
(vi) include an agreement to indemnify the city, including the board, for any liability arising from the acts or omissions of the sponsor;
(vii) set forth plans for publicity and for broadcast and other media coverage for the debates; and
(viii) set forth the proposed criteria for determining which candidates are eligible to participate in each debate the organization seeks to sponsor, in accordance with paragraph (b) of this subdivision.
(b) (i) Except as otherwise provided in subparagraph (ii) below, each debate for a primary, general or special election shall include only those participating candidates or limited participating candidates the sponsor of each such debate has determined meet the non-partisan, objective, and non-discriminatory criteria set forth in any agreement between the sponsor and the board; provided, however, that the criteria for the first debate for a primary or general election shall include financial criteria requiring that a participating candidate or limited participating candidate shall be eligible to participate in such debate if he or she has, by the last filing date prior to such debate, (I) raised, and (II) spent, an amount equal to or more than two and one half percent of the expenditure limitation provided in subdivision one of section 3-706 for the office for which such candidate seeks nomination for election or election; provided, further, that the criteria for the first debate for a special election shall include financial criteria requiring that a participating candidate or limited participating candidate shall be eligible to participate in such debate if he or she has, by the last filing date prior to such debate, (I) raised, and (II) spent, an amount equal to or more than one and one quarter percent of the expenditure limitation provided in subdivision one of section 3-706 for the office for which such candidate seeks election; and provided, further, that the second debate for a primary, general, or special election shall include only those participating candidates or limited participating candidates who the sponsors have also determined are leading contenders on the basis of additional non-partisan, objective, and non-discriminatory criteria set forth in any agreement between the sponsor and the board. For the purpose of determining whether a participating candidate or limited participating candidate has met the financial criteria to be eligible to participate in any debate, only contributions raised and spent in compliance with the act shall be used to determine the amount that the candidate has raised and spent as a percentage of the expenditure limit provided in subdivision one of section 3-706; further, money “raised” and “spent” does not include outstanding liabilities or loans. Nothing in this provision is intended to limit the debates to the two major political parties.
(ii) If a debate sponsor has determined that a non-participating candidate has met all the non-partisan, objective, and non-discriminatory criteria applicable to participating candidates and limited participating candidates for access to any of the primary, general, or special election debates, the sponsor may invite that candidate to participate in such debate. In the case of a run-off primary election or a run-off special election, the sponsor may invite a non-participating candidate to participate in such debate. However, if a non-participating candidate does not accept such invitation to debate or does not appear at such debate, the debate shall go forward as scheduled; provided, however, if there is only one participating candidate or limited participating candidate participating in any such debate, such debate shall be canceled.
§ 3-710 Examinations and audits; repayments.
a. Any draft audit, the subject of which is a participating, limited participating or non-participating candidate, or the principal and/or authorized committees of any participating, limited participating or non-participating candidate shall be completed within (i) eight months after the submission of the final disclosure report for the covered election for city council races and borough-wide races, and (ii) ten months after the submission of the final disclosure report for the covered election for citywide races, unless the subject of such audit consents in writing to a longer period of time;
b. The campaign finance board shall provide each candidate a final audit, which shall contain the final resolution of all issues raised in the draft audit; such final audit shall be provided to the candidate, where such candidate or such candidate’s campaign manager or treasurer has completed audit training provided by the board, within (i) fourteen months after the submission of the final disclosure report for the covered election, for city council races and borough-wide races, and (ii) sixteen months after the submission of the final disclosure report for the covered election for citywide races, unless the subject of such audit consents in writing to a longer period of time. Where such candidate or such candidate’s campaign manager or treasurer has not completed audit training provided by the campaign finance board, such final audit shall be provided to such candidate within (i) sixteen months after the submission of the final disclosure report for the covered election, for city council races and borough-wide races, and (ii) eighteen months after the submission of the final disclosure report for the covered election for citywide races, unless the subject of such audit consents in writing to a longer period of time. Provided, however, that where the issuance of such final audit is preceded by a notice of violations and recommended penalties and/or a notice of repayment of public funds, such notice or notices shall include all potential penalties and/or repayment obligations and a notice of a candidate’s right to a hearing pursuant to section 3-710.5 or section 3-710(4) of this chapter and shall be provided to the candidate according to the deadlines applicable to final audits as set forth in this paragraph.
c. Any advice provided by board staff to a participating, limited participating, or non-participating candidate with regard to an action shall be presumptive evidence that such action, if taken in reliance on such advice, should not be subject to a penalty or repayment obligation where such candidate or such candidate’s committee has confirmed such advice in a writing to such board staff by registered or certified mail to the correct address, or by electronic or facsimile transmission with evidence of receipt, describing the action to be taken pursuant to the advice given and the board or its staff has not responded to such written confirmation within seven business days disavowing or altering such advice, provided that the board’s response shall be by registered or certified mail to the correct address, or by electronic or facsimile transmission with evidence of receipt.
d. Notwithstanding the provisions of paragraphs a and b of this subdivision, if a committee has failed to respond to a request for information made by board auditors during the post-election audit process, the time period for completing the draft and final audits shall be tolled and extended by the number of days by which the committee has exceeded the original deadline for a response, provided that the committee has received timely written notice of: (i) the original deadline to provide the information, which shall not have been less than thirty days from the date such information was requested; and (ii) the commencement of the tolling period pursuant to this section. If a committee has responded to a request for information made by board auditors but such response is inadequate, the time period for completing the draft and final audits shall be tolled and extended by the number of days until an adequate response is provided, provided that the committee has received timely written notice of: (i) the original deadline to provide the information, which shall not have been less than thirty days from the date such information was requested; (ii) the commencement of the tolling period pursuant to this section; and (iii) the detailed reasons why the original response was inadequate.
e. Notwithstanding any provision of law to the contrary, the deadlines provided in paragraphs a and b of this subdivision for the completion of draft and final audits shall not apply in cases where the audit raises issues involving potential campaign-related fraud, potential other criminal activity, or activity that may constitute a breach of certification pursuant to rules of the board or potential significant violations of the limits set forth in section 3-706.
f. Notwithstanding any provision of the law to the contrary, the deadlines provided in paragraphs a and b of this subdivision for the completion of draft and final audits shall not apply in the event that board operations are interrupted due to a catastrophic emergency such as a natural disaster or criminal event, provided that once board operations resume, the board shall within two weeks announce new deadlines for the completion of draft and final audits consistent with paragraphs a and b.
(b) If the board determines that any portion of the payment made to a principal committee of a participating candidate from the fund was used for purposes other than qualified campaign expenditures, it shall notify such candidate and committee of the amount so disqualified and such candidate and committee shall pay to the board an amount equal to such disqualified amount; provided, however, that in considering whether or not a participating candidate shall be required to pay to the board such amount or an amount less than the entire disqualified amount, the board shall act in accordance with the following: (i) where credible documentation supporting each qualified campaign expenditure exists but is incomplete, the board shall not impose such liability for such expenditure; and (ii) where there is an absence of credible documentation for each qualified campaign expenditure, the board may impose liability upon a showing that such absence of credible documentation for such expenditure arose from a lack of adequate controls including, but not limited to trained staff, internal procedures to follow published board guidelines and procedures to follow standard financial controls.
(c) If the total of contributions, other receipts, and payments from the fund received by a participating candidate and his or her principal committee exceed the total campaign expenditures of such candidate and committee for all covered elections held in the same calendar year or for a special election to fill a vacancy such candidate and committee shall use such excess funds to reimburse the fund for payments received by such committee from the fund during such calendar year or for such special election. No such excess funds shall be used for any other purpose, unless the total amount of the payments received from the fund by the principal committee has been repaid.
(b) If a participating candidate whose principal committee has received public funds fails to actively campaign for election to a covered office, such candidate and his or her principal committee shall pay to the board an amount equal to the total of public funds received by such principal committee. For the purposes of this subdivision, the term “actively campaign for a covered office” shall mean activities that include, but are not limited to, filing designating or nominating petitions for inclusion on the ballot, raising and spending funds for nomination for election or election to a covered office, seeking endorsements, and broadly soliciting votes.
(c) If a participating candidate whose principal committee has received public funds prior to the last day for filing designating or nominating petitions for inclusion on the ballot ceases to actively campaign for a covered office, including but not limited to making public statements indicating that such participating candidate is no longer seeking nomination for election or election to a covered office, then the board shall inform such participating candidate of the board’s determination that such candidate has ceased actively campaigning for a covered office. Expenditures incurred prior to the date by which such candidate has ceased actively campaigning for a covered office may be considered qualified expenditures, but no expenditures incurred after the date of such a determination of the board shall be considered qualified expenditures.
§ 3-710.5 Findings of violation infraction; adjudications; final determinations.
(i) The board shall determine whether a participating candidate, his or her principal committee, principal committee treasurer or any other agent of a participating candidate has committed a violation or infraction of any provision of this chapter or the rules promulgated hereunder, for which the board may assess a civil penalty pursuant to section 3-711 of this chapter. The board shall promulgate rules defining infractions, and such definitions shall include, but not be limited to, failures to comply with the provisions of this chapter or the rules promulgated hereunder that are limited and non-repetitive.
(b) The board shall include in every final determination:
(i) notice of the respondent’s right to bring a special proceeding challenging the board’s final determination in New York State supreme court pursuant to article 78 of the civil practice law and rules; and
(ii) notice of the commencement of the four-month period during which such a special proceeding may be brought pursuant to article 2 of the civil practice law and rules.
§ 3-711 Penalties.
1.* Any participating or limited participating candidate whose principal committee fails to file in a timely manner a statement or record required to be filed by this chapter or the rules of the board in implementation thereof or who commits a violation or infraction of any other provision of this chapter or rule promulgated thereunder, including any provision of section 3-709.5, and any principal committee treasurer or any other agent of a participating or limited participating candidate who commits such a violation or infraction, shall be subject to a civil penalty in an amount not in excess of ten thousand dollars. The board shall publish a schedule of civil penalties for common infractions and violations, including examples of aggravating and mitigating circumstances that may be taken into account by the board in assessing such penalties. This schedule shall reflect that infractions are less serious failures to comply with the provisions of this chapter.
1.* Any participating or limited participating candidate and his or her principal committee or any non-participating candidate and his or her authorized committees that fail to file in a timely manner a statement or record required to be filed by this chapter or the rules of the board in implementation thereof or that violate any other provision of this chapter or rule promulgated thereunder, and any committee treasurer or any other agent of a participating, limited participating or non-participating candidate who commits such a violation or infraction, shall be subject to a civil penalty in an amount not in excess of ten thousand dollars. The board shall publish a schedule of civil penalties for common infractions and violations, including examples of aggravating and mitigating circumstances that may be taken into account by the board in assessing such penalties. This schedule shall reflect that infractions are less serious failures to comply with the provisions of this chapter.
(b) In addition to the penalties provided in subdivision one of this section, a participating candidate or his or her principal committee, that have been found by the board to have violated a provision of this chapter by failing to provide any response to a draft audit report sent to the candidate after the election by the board pursuant to section 3-710 of this chapter, shall be subject to a civil penalty for such violation of up to ten percent of the total public funds received by such candidate.
§ 3-712 Campaigns for office not subject to this chapter.
Contributions, loans, guarantees and other security for such loans used and expenditures made toward the payment of liabilities incurred by a candidate in an election held prior to the effective date of this section or in a campaign for public office other than one covered by this chapter, shall not be subject to the requirements and limitations of this chapter.
§ 3-713 Reports.
(a) the number and names of candidates qualifying for and choosing to receive public funds pursuant to this chapter, and of candidates failing to qualify or otherwise not choosing to receive such funds, in each election during the four preceding calendar years;
(b) the amount of public funds provided to the principal committee of each candidate pursuant to this chapter and the contributions received and expenditures made by each such candidate and the principal committee of such candidate, in each election during the four preceding calendar years;
(c) the number and names of candidates filing a certification pursuant to section 3-717 of this chapter in each election during the four preceding calendar years, together with the expenditures made by each such candidate and the principal committee of such candidate in each such election;
(d) the number and names of non-participating candidates in each election during the four preceding calendar years, together with the expenditures made by each such candidate and the authorized committees of such candidate in each such election;
(e) recommendations as to whether the provisions of this chapter governing maximum contribution amounts, thresholds for eligibility and expenditure limitations should be amended and setting forth the amount of, and reasons for, any amendments it recommends;
(f) analysis of the effect of this chapter on political campaigns, including its effect on the sources and amounts of private financing, the level of campaign expenditures, voter participation, the number of candidates and the candidates’ ability to campaign effectively for public office;
(g) a review of the procedures utilized in providing public funds to candidates; and
(h) such recommendations for changes in this chapter as it deems appropriate.
§ 3-714 Construction.
Nothing in this chapter shall be construed to prohibit the making or receipt of contributions to the extent permitted by the election law or to permit the making or receipt of contributions otherwise prohibited.
§ 3-715 Joint campaign activities.
Nothing in this chapter shall be construed to restrict candidates from authorizing expenditures for joint campaign materials and other joint campaign activities, provided that the benefit each candidate derives from the joint material or activity is proportionally equivalent to the expenditures authorized by such candidate.
§ 3-716 Application of the contribution and expenditure limitations to certain political activities.
(a) The act alone of endorsing or appearing with another candidate for public office, party nomination or party position.
(b) The insubstantial communication of such endorsement or appearance described in paragraph (a), such as where the participating, or limited participating or non-participating candidate’s name is one of several names appearing on the communication and is of equivalent prominence as the other names.
(c) Fundraising assistance to another candidate in the form of written communications that do not promote the participating, or limited participating or non-participating candidate, such as the appearance of the participating, or limited participating or non-participating candidate’s name or signature on a letter soliciting funds for another candidate or the appearance of such participating, or limited participating or non-participating candidate’s name on fundraising material where such participating, or limited participating or non-participating candidate’s name appears alone or with other names and is of equivalent prominence as the other names.
(d) A typical communication by a political club to its members, which includes the name of a participating, or limited participating or non-participating candidate, provided that such candidate is already a member of the political club, the political club has fewer than 500 members, and the communication does not solicit funds on behalf of or otherwise promote such candidate’s campaign for a covered election.
(a) the focus of the communication;
(b) the geographical distribution or location of the communication;
(c) the subject matter of the communication;
(d) the references to the participating, or limited participating or non-participating candidate or the participating, or limited participating or non-participating candidate’s appearances in the communication;
(e) the relative prominence of a participating, or limited participating or non-participating candidate’s references or appearances in the communication, including the size and location of such references and any photographs of the participating, or limited participating or non-participating candidate; and
(f) the timing of the communication.
§ 3-717 Limited Participation.
(a) To be a limited participating candidate, a candidate for nomination for election or election must:
(i) be a candidate for mayor, public advocate, comptroller, borough president or member of the city council in a primary, special, or general election;
(ii) not have filed a certification pursuant to section 3-703 for the election or elections for which he or she seeks to file a certification pursuant hereto;
(iii) (A) file a written certification in such form as may be prescribed by the campaign finance board, which sets forth his or her acceptance of and agreement to comply with the terms and conditions of this section and the rules promulgated hereby, which includes an affirmation that the candidate has a sufficient amount of personal funds to fund his or her campaign; and
(B) the deadline for filing such certification for a primary, general, or special election shall be the deadline date for filing written certifications pursuant to section 3-703(1)(c) by candidates seeking nomination for election or election to the same office in the same calendar year as candidates seeking to file a certification pursuant to this subparagraph, and the provisions of such section 3-703(1)(c) relating to the occurrence of an “extraordinary circumstance” shall apply to limited participating candidates; and
(iv) notify the board in the candidate’s written certification as to:
(1) the existence of each authorized committee authorized by such candidate that has not been terminated,
(2) whether any such committee also has been authorized by any other candidate, and
(3) if the candidate has authorized more than one authorized committee, which authorized committee has been designated by the candidate as the candidate’s principal committee for the election(s) covered by the candidate’s certification; provided, that such principal committee (a) shall be the only committee authorized by such candidate to aid or otherwise take part in the election(s) covered by the candidate’s certification, (b) shall not be an authorized committee of any other candidate, and (c) shall not have been authorized or otherwise active for any election prior to the election(s) covered by the candidate’s certification. The use of an entity other than the designated principal committee to aid or otherwise take part in the election(s) covered by the candidate’s certification shall be a violation of this section and shall trigger the application to such entity of all provisions of this chapter governing principal committees.
(b) A limited participating candidate and his or her principal committee shall comply with the provisions of paragraphs (d), (e), (g), (i), and (o) of subdivision one, and subdivisions six, six-a, eight, nine, ten, and twelve of section 3-703 of this chapter.
(c) A limited participating candidate and his or her principal committee shall not accept, at any time before or after the filing of a certification pursuant to paragraph (a) of this subdivision, either directly or by transfer, any monetary or in-kind contribution, or any loan, guarantee, or other security for such loan made in connection with such candidate’s nomination for election or election, except for monetary contributions from the candidate to his or her principal committee made out of the candidate’s personal funds, in-kind contributions made by the candidate to his or her principal committee, and advances received pursuant to subparagraph (d) of this paragraph.
(d) A limited participating candidate and his or her principal committee shall make expenditures in furtherance of the election(s) for which the candidate has filed a certification pursuant to paragraph (a) of this subdivision, whether before or after the filing of such certification, only with contributions received pursuant to subparagraph (c) of this paragraph and, to the extent permitted by rule promulgated by the board pursuant hereto, advances by the limited participating candidate.
(e) A limited participating candidate, together with his or her principal committee, shall not make expenditures which in the aggregate exceed the applicable expenditure limitations set forth in section 3-706.
(f) Neither a limited participating candidate nor an authorized committee of a limited participating candidate shall be eligible to receive public funds pursuant to section 3-705.
(g) If a limited participating candidate is a candidate for the same office for which he or she filed a certification pursuant to paragraph (a) of this subdivision in any other election held in the same calendar year as the election for which such candidate filed such certification, other than a special election to fill a vacancy, he or she shall be bound in each such other election by the provisions of this section.
(h) A candidate who files a certification pursuant to paragraph (a) of this subsection shall not be eligible to file a certification pursuant to section 3-703.
(i) Notwithstanding any limitations in this chapter, a limited participating candidate may contribute to his or her own nomination for election or election with his or her personal funds or property, in-kind contributions made by the candidate to his or her authorized committees with the candidate’s personal funds or property, and advances made by the limited participating candidate with the candidate’s personal funds or property. A candidate’s personal funds or property shall include his or her funds or property jointly held with his or her spouse, domestic partner, or unemancipated children, but shall not include other personal funds or property of his or her spouse, domestic partner or unemancipated children.
§ 3-718 Obligations of non-participating candidates.
(a) A non-participating candidate shall notify the board in such form as may be prescribed by the board as to: (i) the existence of each committee authorized by such candidate that has not been terminated, and (ii) whether any such committee also has been authorized by any other candidate.
(b) A non-participating candidate, and the authorized committees of such a non-participating candidate, shall comply with the same requirements as a participating candidate who files a certification pursuant to paragraph (c) of subdivision one of section 3-703 of this chapter as provided in paragraphs (d) and (g) of such subdivision, subdivision one-b of section 3-703, and subdivisions six, six-a and eight of section 3-703 of this chapter.
(c) A non-participating candidate and his or her authorized committee shall submit the disclosure reports required pursuant to this chapter, filed in accordance with the schedule specified by the state board of elections for the filing of campaign receipt and expenditure statements, and such other disclosure reports as the rules of the board may require.
(d) Neither a non-participating candidate nor an authorized committee of a non-participating candidate shall be eligible to receive public funds pursuant to section 3-705.
(a) A non-participating candidate shall notify the board in such form as may be prescribed by the board as to: (i) the existence of each committee authorized by such candidate that has not been terminated, and (ii) whether any such committee also has been authorized by any other candidate.
(b) A non-participating candidate, and the authorized committees of such a non-participating candidate, shall only accept contributions as limited by the provisions of paragraphs (f) and (l) of subdivision one of section 3-703, and subdivisions 1-a, 1-c and ten of section 3-703 of this chapter. Notwithstanding any contribution limitations in paragraphs (f) and (h) of subdivision one of section 3-703 and subdivision 1-a of section 3-703, a non-participating candidate may contribute to his or her own nomination for election or election with his or her personal funds or property, in-kind contributions made by the candidate to his or her authorized committees with the candidate’s personal funds or property, and advances or loans made by the non-participating candidate with the candidate’s personal funds or property. A candidate’s personal funds or property shall include his or her funds or property jointly held with his or her spouse, domestic partner, or unemancipated children.
(c) Neither a non-participating candidate nor an authorized committee of a non-participating candidate shall be eligible to receive public funds pursuant to section 3-705.
§ 3-719 Tolling of time for notice of alleged violations and/or notice of repayment of public funds.
If a committee has failed to respond to a request for information made by board auditors or has inadequately responded during the post-election audit process and the board has satisfied the provisions of subdivision 1 of section 3-710, the time period for serving notice shall be tolled and extended by the number of days by which the committee has exceeded the original deadline for a response, provided that the committee has received timely written notice of: (a) the original deadline to provide the information, which shall not have been less than thirty days from the date such information was requested, and (b) the commencement of the tolling period pursuant to this section.
§ 3-720 Covered elections prior to the year 2022.*
1. for the office of mayor, public advocate or comptroller, $5,100;
2. for borough president, $3,950; or
3. for member of the city council, $2,850.
For candidates seeking office in a covered primary or general election to be held in the year 2021: (i) the contribution limitations pursuant to paragraph (f) of subdivision 1 of section 3-703; (ii) the matching formula pursuant to paragraph a of subdivision 2 of section 3-705; (iii) the public funds cap pursuant to paragraph b of subdivision 2 of section 3-705; and (v) the threshold for eligibility for public funding for participating candidates pursuant to subdivision 2 of section 3-703.
2. Option B. The contribution limitations and public matching funds provisions, including those pertaining to the matching formula, qualifying threshold, and public funds cap, as in effect prior to January 12, 2019.
§ 3-801 Transition and inauguration donations and expenses.
(a) not use funds accepted by a political committee authorized by the candidate for any election to make expenditures for transition or inauguration into office, and shall not transfer funds from a political committee to an entity the candidate is required to register pursuant to subdivision one of this section;
(b) not accept any donation or donations of money, goods, or services from any individual other than the candidate, political committee, employee organization, or entity which in the aggregate exceeds the limit for a non-participating candidate for the applicable office contained in paragraph (f) of subdivision one of section 3-703, as adjusted pursuant to subdivision seven of such section as applicable.
(c) not incur any liabilities after January thirty-first in the year following the election, nor accept any donations after all liabilities are paid; and
(d) not accept any donation or donations of money, goods, or services from any corporation, limited liability company, limited liability partnership or partnership not permitted to contribute pursuant to paragraph (l) of subdivision 1 of section 3-703 or from any person whose name appears in the doing business database as of the date of such donation; provided, however, that this limitation on donations shall not apply to any donation to a transition or inauguration entity authorized pursuant to subdivision one of this section made by a natural person who has business dealings with the city where such donation is from the candidate-elect or from the candidate-elect’s parent, spouse, domestic partner, sibling, child, grandchild, aunt, uncle, cousin, niece or nephew by blood or by marriage.
(b) Donations aggregating not more than ninety-nine dollars from any one donor need not be separately itemized in disclosure reports submitted to the campaign finance board. The treasurer of such entity need not collect or disclose the occupation, employer, or business address of any donor making donations aggregating not more than ninety-nine dollars.
(c) Disclosure reports shall be submitted at such times and in such form as the campaign finance board shall require and shall be clearly legible. The campaign finance board shall make available to the public a copy of these disclosure reports within two business days after they are accepted by the campaign finance board.
§ 3-802 Penalties.
§ 3-901 Definitions.
As used in this chapter, the following terms have the following meanings.
Doing business database. The term “doing business database” means the doing business database as defined in section 3-702 of the administrative code.
Donation. The term “donation” means any contribution from a non-governmental source, including in-kind donations, gifts, loans, advances or deposits of money, or anything of value.
Elected official communications. The term “elected official communications” means a communication in the form of: (i) radio, television, cable or satellite broadcast; (ii) printed material such as advertisements, pamphlets, circulars, flyers, brochures or letters; (iii) telephone communication; or (iv) paid internet advertising; which includes the name, voice or likeness of the person holding office as mayor, comptroller, public advocate, borough president or member of the council with whom the entity making such communication is affiliated. Elected official communications do not include: (i) communications with a professional journalist or newscaster, including an editorial board or editorial or opinion writer of a newspaper, magazine, news agency, press association or wire service; or (ii) a communication that is: (A) directed, sent or distributed by the distributing organization only to individuals who affirmatively consent to be members of the distributing organization, contribute funds to the distributing organization, or, pursuant to the distributing organization’s articles or bylaws, have the right to vote directly or indirectly for the election of directors or officers, or on changes to bylaws, disposition or all or substantially all of the distributing entity’s assets or the merger or dissolution of the distributing entity; or (B) for the purpose of promoting or staging any candidate debate, town hall or similar forum to which at least two candidates seeking the same office, or two proponents of differing positions on a referendum or question submitted to voters, are invited as participants, and which does not promote or advance one candidate or position over another.
Organization affiliated with an elected official. The term “organization affiliated with an elected official” means:
(i) a non-profit entity other than an agency, public authority, public benefit corporation or local development corporation;
(ii) which has received at least one donation in the previous or current calendar year; and
(iii) over which a person holding office as mayor, comptroller, public advocate, borough president or member of the council, or an agent of such a person, which shall include an appointee of such person serving at the pleasure of such person, exercises control. There shall be a rebuttable presumption of control by an elected official where such official, or such an agent, appoints a majority of seats on the board of the entity (not including appointees nominated by another individual or entity that is not such an agent of the elected official), or is a principal officer of the entity.
In determining whether a person holding office as mayor, comptroller, public advocate, borough president or member of the council, or an agent or appointee of such a person, exercises control over such an organization, the conflicts of interest board shall consider the totality of the circumstances, including:
(i) whether the organization was created by such an elected official or their agent, or by an individual who was previously employed by, or was a paid political consultant of, the elected official, and, if so, how recently such organization was created;
(ii) whether the board of the organization is chaired by such an elected official or their agent;
(iii) whether board members appointed by such elected official serve for terms or are appointed only upon nomination of other individuals or entities that are not agents of such elected official;
(iv) the degree of involvement or direction by the elected official in such organization’s policies, operations and activities; and
(v) other such factors as the conflicts of interest board shall promulgate by rule.
Principal committees and political committees, as those terms are defined in section 3-702, are not organizations affiliated with an elected official.
Person with business dealings with the city. The term “person with business dealings with the city” means any person who is listed in the doing business database, or any domestic partner, spouse, or unemancipated child of such a person.
Spend. The term “spend” means to spend or to cause to be spent.
§ 3-902 Reporting and donor disclosure for organizations affiliated with elected officials.
1. the name of the organization;
2. the name or names of the elected official, or of any agent of such a person or appointee serving at the pleasure of such elected official, who is affiliated with the organization;
3. the names of the principal officers and board members of the organization;
4. whether the organization has tax-exempt status pursuant to the internal revenue code and, if so, the section of such code that grants such status;
5. the website address of the organization, if any;
6. the names of any persons who made a donation to the organization during the previous calendar year, if any, who were persons with business dealings with the city on the date of such donation or became persons with business dealings with the city within 180 days of the receipt of such donation, and the city and state of residence, dates of donation, and value of donation of any such persons;
7. the names of any other individuals who, or any entity that, made a donation or donations with an aggregate reasonable value of $1,000 or more to the organization during the previous calendar year, if any, and the city and state of residence or state of incorporation as applicable, dates of donation, and value of donation of any such individuals or entities;
8. an accounting of the expenditures of the organization during the previous calendar year on the production or dissemination of elected official communications, in a manner and form determined by the conflicts of interest board; and
9. any other information required to be included by the conflicts of interest board.
1. the name of the organization;
2. the name or names of the elected official, or of any agent of such a person or appointee serving at the pleasure of such elected official, who is affiliated with the organization;
3. the names of the principal officers and board members of the organization;
4. whether the organization has tax-exempt status pursuant to the internal revenue code and, if so, the section of such code that grants such status;
5. the website address of the organization, if any;
6. except for donations covered by paragraph 7 of this subdivision, the names of any persons who, or any entities that, made a donation or donations with an aggregate reasonable value of $5,000 or more to such organization during the previous calendar year, if any, and the city and state of residence or state of incorporation as applicable, dates of donation, and value of donation of any such persons or entities;
7. for any donation or donations with an aggregate reasonable value of $5,000 or more made to such organization during the previous calendar year from a donor who does not wish to have their identity made public, the date or dates of donation and the amount of each such donation, provided that the name of any such donor, or any other identifying information, may be substituted with anonymizing language; and
8. a certification that the organization did not spend or does not reasonably expect to spend at least 10% of its expenditures in the previous or current calendar year on the production or dissemination of elected official communications.
§ 3-903 Prohibition of acceptance of certain donations.
§ 3-904 Advisory opinions, outreach and determination of control.
§ 3-905 Enforcement.
Complaints alleging violations of this chapter, or of rules or directives promulgated by the conflicts of interest board pursuant to this chapter, shall be made, received, investigated and adjudicated in a manner consistent with the procedures relating to investigations and adjudications of allegations of conflicts of interest set forth in chapters 34 and 68 of the charter.
§ 3-906 Penalties.
(L.L. 2016/181, 12/22/2016, eff. 1/1/2018*)
§ 3-907 Rulemaking.
The conflicts of interest board shall promulgate such rules as are necessary to ensure the implementation of this chapter.
§ 3-1001 Definitions.
As used in this chapter:
Advisory board. The term “advisory board” means the advisory board created pursuant to section 3-1006.
Disproportionate effect. The term “disproportionate effect” means situations of concern where there exists significantly higher and more adverse health and environmental effects on minority populations or low-income populations.
Environmental benefit. The term “environmental benefit” shall include, but not be limited to, access to grants, subsidies, loans and other financial assistance relating to energy efficiency or environmental projects; access to open space, green infrastructure and, where relevant, access to waterfronts; and the implementation of environmental initiatives, including climate resilience measures.
Environmental justice. The term “environmental justice” means the fair treatment and meaningful involvement of all persons, regardless of race, color, national origin or income, with respect to the development, implementation and enforcement of environmental laws, regulations, policies and activities and with respect to the distribution of environmental benefits. Fair treatment means that no group of people, including a racial, ethnic or socioeconomic group, should (i) bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal and commercial operations or the execution of federal, state or local programs and policies or (ii) receive an inequitably low share of environmental benefits.
Environmental justice area. The term “environmental justice area” means a low-income community located in the city or a minority community located in the city.
Environmental justice plan. The term “environmental justice plan” means a plan required by section 3-1003.
Interagency working group. The term “interagency working group” means the interagency working group established pursuant to section 3-1002 of this chapter.
Low-income community. The term “low-income community” means a census block group, or contiguous area with multiple census block groups, having a low-income population equal to or greater than 23.59 percent of the total population of such block group or groups, or such other percentage as may be determined by the New York state department of environmental conservation in the course of setting parameters for the location of potential environmental justice areas within the state of New York and made publicly available on the website of such department.
Low-income population. The term “low-income population” means a population having an annual income that is less than the poverty threshold established by the United States census bureau.
Minority community. The term “minority community” means a census block group, or contiguous area with multiple census block groups, having a minority population equal to or greater than 51.1 percent of the total population of such block group or groups, or such other percentage as may be determined by the New York state department of environmental conservation in the course of setting parameters for the location of potential environmental justice areas within the state of New York and made publicly available on the website of such department.
Minority population. The term “minority population” means a population that is identified or recognized by the United States census bureau as Hispanic, African-American or Black, Asian and Pacific Islander or American Indian.
§ 3-1002 Interagency working group.
1. The department of environmental protection;
2. The department of parks and recreation;
3. The department of transportation;
4. The department of health and mental hygiene;
5. The department of city planning;
6. The department of buildings;
7. The department of housing preservation and development;
8. The department of sanitation;
9. The office of long-term planning and sustainability;
10. The New York city commission on human rights; and
11. Such other offices within the office of the mayor and such other city agencies as shall be designated by the mayor, including, when appropriate, such offices or agencies with subject matter expertise in environmental policy and/or data analysis.
1. Provide guidance to agencies on criteria for identifying and interpreting:
(a) Human health data and analyses relevant to city agency programs, activities and policies;
(b) Available data relating to environmental factors within the city, including but not limited to (i) air and water quality and concentrations of violations of city environmental regulations that may reflect environmental justice concerns and (ii) existing studies on environmental justice;
(c) Existing city facilities and infrastructure, and to the extent known existing non-city facilities and infrastructure, located in environmental justice areas that may raise environmental justice concerns;
(d) Opportunities for promoting environmental justice;
2. Coordinate with, provide guidance to, and serve as a clearinghouse for, city agencies as they implement the environmental justice plan, in order to promote consistent and transparent administration, interpretation and enforcement of programs, activities and policies;
3. Assist in coordinating research by, and stimulating cooperation among, agencies conducting data collection, research or other activities in accordance with section 3-1005;
4. Develop interagency model projects that address environmental justice concerns and that evidence cooperation among agencies;
5. Receive and respond to inquiries, including data requests, and recommendations from the advisory board;
6. Develop an environmental justice plan pursuant to section 3-1003; and
7. Conduct a study of environmental justice areas pursuant to section 3-1007.
§ 3-1003 Environmental justice plan.
1. City-wide initiatives:
(a) Methods for promoting environmental justice;
(b) Methods of encouraging greater public engagement with and participation in decision-making that raises environmental justice concerns;
(c) Methods of promoting transparency and consistency in the city’s approach to environmental justice;
(d) City-wide and/or inter-agency projects that address environmental justice concerns;
(e) Methods for promoting equitable distribution of and access to environmental benefits;
(f) Methods for improving research and data collection relating to human health and the environment; and
(g) Recommendations for legislation, policy, budget initiatives and other measures the city can take, either acting alone or in collaboration with other organizations or governmental entities, to (i) mitigate or, to the extent possible, eliminate the disproportionate effects identified in the study required by section 3-1007 and (ii) increase utilization of renewable energy sources and energy efficiency measures in environmental justice areas.
2. Agency-specific recommendations:
(a) Changes to an agency’s programs, policies, activities or processes that will promote environmental justice, including but not limited to:
(1) Consideration of capital projects that address environmental justice concerns in or provide environmental improvements to environmental justice areas;
(2) Agency enforcement actions that can be strengthened or expanded to address environmental justice concerns;
(3) Agency-specific methods of promoting greater public participation and transparency in agency decision-making that raises environmental justice concerns, including the siting of agency facilities; and
(b) A description of any amendments to laws or rules that would facilitate implementation of any of the recommendations made pursuant to subparagraph (a) of this paragraph.
2. By June 30, 2020, the advisory board shall:
(a) Review such plan;
(b) Hold public hearings on such plan in accordance with section 3-1006; and
(c) Provide the interagency working group with recommendations and comments relating to such plan and convey public comments received at public hearings conducted by such board on such plan.
3. By December 31, 2021, the interagency working group shall (i) finalize the environmental justice plan, which shall include responses to all recommendations submitted to the interagency working group by the advisory board, (ii) provide a copy of such plan to the advisory board, (iii) provide a copy of such plan to the mayor and the speaker of the council and (iv) provide a copy of such plan to each agency covered by such plan. Upon receiving a copy of such plan, each agency covered by such plan shall publish a copy thereof on its website.
4. By June 30 in 2022, and by June 30 in every year thereafter, the interagency working group shall report to the advisory board, the mayor and the speaker of the council on progress in implementing the environmental justice plan.
2. By June 30, 2025, and by June 30 in every fifth year thereafter, the advisory board shall:
(a) Review such revisions;
(b) Hold public hearings on such revisions in accordance with section 3-1006; and
(c) Provide the interagency working group with recommendations and comments relating to such revisions and convey public comments received at public hearings conducted by such board on such revisions.
3. By December 31, 2025, and by December 31 in every fifth year thereafter, the interagency working group shall (i) finalize the revisions to the environmental justice plan, which shall include responses to all recommendations submitted to the interagency working group by the advisory board, (ii) provide a copy of such revised plan to the advisory board, (iii) provide a copy of such revised plan to the mayor and the speaker of the council and (iv) provide a copy of such revised plan to each agency covered by such plan. Upon receiving a copy of such revised plan, each agency covered by such revised plan shall publish a copy thereof on its website.
4. The interagency working group may revise the environmental justice plan more frequently than set forth in this subdivision, provided that (i) at least 60 days before finalizing such revision, such working group provides a copy of the proposed revision to the advisory board, (ii) the finalized revision includes responses to all recommendations submitted to the interagency working group by the advisory board, (iii) such working group provides a copy of the finalized revision to the advisory board, the mayor, the speaker of the council and each agency covered by the environmental justice plan as revised. Upon receiving a copy of such plan, each agency covered by such plan shall publish a copy thereof on its website.
§ 3-1004 Agency responsibilities.
To the extent practicable, each agency covered by the environmental justice plan shall conduct its programs, policies and activities in accordance with the environmental justice plan, provided that the application of such plan to any such agency shall be consistent with the powers and duties of such agency as set forth in the charter and all applicable laws.
§ 3-1005 Research, data collection and analysis.
§ 3-1006 Advisory board.
1. Seven members appointed by the mayor;
2. Seven members appointed by the speaker of the council; and
3. One member who shall serve as the chair of such board and who shall be appointed by the mayor in consultation with such speaker.
1. An individual who is, at the time of appointment, a director, member or employee of an organization engaged primarily in work promoting environmental justice;
2. A resident of an environmental justice area;
3. A member of a community board representing a community district that is located in whole or in part in an environmental justice area; or
4. A faculty member of an academic institution located within the city and who specializes in one of the environmental sciences, environmental health, environmental justice, human rights or urban planning.
2. The initial appointment of advisory board members shall be completed by no later than six months after the effective date of the local law that added this section.
3. Advisory board members shall serve terms of three years.
4. Any vacancy on the advisory board shall be filled in the manner of original appointment.
1. Consult with the interagency working group in the preparation of the environmental justice plan and any revisions thereto;
2. Review and comment on the draft environmental justice plan and any revisions thereto before its finalization by the interagency working group;
3. Hold public hearings pursuant to subdivision f of this section;
4. Convey public comments received at such hearings as well as its own comments regarding the draft environmental justice plan and any revisions thereto to the interagency working group;
5. Make recommendations to the interagency working group concerning any matter considered by, or action to be taken by, the interagency working group or for otherwise promoting environmental justice;
6. Review proposed and final environmental justice plans, and proposed revisions thereto, and make recommendations to the interagency working group relating to such plans and proposed revisions; and
7. Recommend agencies or offices for inclusion in the interagency working group.
2. The advisory board shall hold at least two such meetings in each year; provided that if the local law adding this paragraph is enacted on or after June 30 in any year, the advisory board need only hold at least one meeting in such year.
3. During the review of a draft environmental justice plan pursuant to paragraph 2 of subdivision b of section 3-1003 or the review of revisions to a final environmental justice plan pursuant to paragraph 2 of subdivision c of such section, the advisory board shall hold at least one such meeting on such plan or revisions in each borough in which all or part of at least one environmental justice area is located.
4. The advisory board shall provide notice to the public at least three weeks before such meetings, where practicable.
§ 3-1007 Environmental justice study and portal.
(a) The locations and boundaries of environmental justice areas;
(b) A description of environmental justice concerns that may affect environmental justice areas and, for each such concern, (i) identify locations within the city experiencing such concern, if such locations can be reasonably determined, and (ii) propose data collection, research, or analysis that may be undertaken by a city agency to identify locations within the city experiencing the environmental justice concern;
(c) An estimate of the current federal, state and local investment per capita in utilization of renewable energy sources in environmental justice areas as compared to an estimate of such investment per capita for all parts of the city located outside such areas;
(d) A description of barriers to meaningful participation in environmental decision-making affecting residents of environmental justice areas;
(e) Existing city programs and processes that advance environmental justice goals and may be used by the public to participate in city agency decision-making;
(f) Existing city programs and processes that allow for public engagement with and participation in decisions made by city agencies regarding siting facilities and infrastructure;
(g) Existing city programs, policies, activities and processes that may otherwise implicate environmental justice concerns;
(h) Changes that may be made to existing city programs and policies to facilitate participation by populations in environmental justice areas in decision-making that implicates environmental justice concerns;
(i) Available data relating to environmental factors, including but not limited to air and water quality, the location and attributes of infrastructure owned, maintained and operated by the city, and concentrations of violations of city environmental regulations, that may reflect environmental problems in environmental justice areas; and
(j) Environmental justice programs proposed or being implemented in other municipalities or states within the United States.
2. Before commencing such environmental justice study, the interagency working group shall present a proposed design and scope for such study to the advisory board, which shall return its recommendations or comments within 30 days. The interagency working group shall include in the final design and scope for such study such working group’s responses to all recommendations or comments submitted by such board and shall present to the advisory board and make publicly available online the final design and scope for the environmental justice study before commencing such study.
3. Before finalizing the environmental justice study, the interagency working group shall present such study in draft form to the advisory board, which shall return its recommendations or comments within 60 days. The interagency working group shall include in the final environmental justice study responses to all recommendations or comments submitted by such board.
1. Data, maps and other information from city, state and federal sources, and from other relevant sources, relating to environmental justice concerns;
2. Any study or plan published by the city relating to environmental justice concerns;
3. Agency programs that promote environmental justice and foster community engagement with and participation in agency decision-making that implicates environmental justice concerns; and
4. New York state and federal programs that promote environmental justice.
§ 3-1101 Definitions.
As used in this chapter, the following terms have the following meanings:
Appear. The term “appear” has the same meaning as set forth in subdivision 4 of section 2601 of the charter.
Associated. The term “associated” has the same meaning as set forth in subdivision 5 of section 2601 of the charter.
Beneficiary. The term “beneficiary” means (1) an individual who is or has been a city elected official or public servant who incurs expenses in relation to a governmental, administrative, criminal or civil investigation, audit, or action, or an entity, agent or other person acting on behalf of such elected official or public servant in relation to the underlying matter, for whom or which a legal defense trust spends money or (2) an individual who is not a city elected official or public servant and who incurs expenses in relation to such investigation, audit, or action.
Business dealings with the city. The term “person having business dealings with the city” means any person on the database established pursuant to section 3-702 including, but not limited to, a lobbyist as defined in section 3-211, and the domestic partner, spouse, or unemancipated child of a person listed in such database.
Donation. The term “donation” means any contribution from a non-governmental source, including an in-kind donation, pro bono assistance, loan, advance or deposit of money, or anything of value.
Legal defense trust. The term “legal defense trust” means a trust created pursuant to and in accordance with the New York estates, powers and trusts law for the benefit of a beneficiary as provided in this chapter.
Ministerial matter. The term “ministerial matter” has the same meaning as set forth in subdivision 15 of section 2601 of the charter.
Principal committees and political committees, as those terms are defined in section 3-702, shall not be deemed legal defense trusts as defined in this section.
Public servant. The term “public servant” has the same meaning as set forth in subdivision 19 of section 2601 of the charter.
§ 3-1102. Establishment and management of legal defense trusts.
(1) (a) Each beneficiary has received a statement in writing from the corporation counsel stating that the corporation counsel has not represented and will not be representing such beneficiary in any applicable governmental, administrative, criminal or civil investigation, audit or action, or portion thereof, pursuant to section 50-k of the general municipal law or section 7-109;
(b) Where a legal defense trust has been established, if thereafter the essential nature of an investigation, audit or action changes so significantly that it can be deemed a new or different investigation, audit or action, the beneficiary of such trust shall obtain a new written statement from the corporation counsel asserting that the conditions set forth in subparagraph (a) of this paragraph have been met.
(2) At least one beneficiary is or was an elected official or public servant, as such term “beneficiary” is defined in section 3-1101 of this chapter, who incurs expenses in relation to the governmental, administrative, criminal or civil investigations, audits or actions for which a statement was received pursuant to paragraph (1) of this subdivision.
(1) The name, street address, and telephone number of the legal defense trust and its trustee(s). The name of such trust shall include the words “legal defense trust”.
(2) The full name of, and position held, if any, by each beneficiary of the legal defense trust.
(3) The name and address of the financial institution in which the funds of the legal defense trust are, or are intended to be, deposited.
(4) A description of the governmental, administrative, criminal or civil investigations, audits or actions in connection with which the legal defense trust was established and the purpose for which such trust was created.
(5) The statement described in subparagraph (a) of paragraph (1) of subdivision a of this section for each beneficiary of the legal defense trust.
(6) A copy of the executed trust agreement establishing the legal defense trust.
(7) A sworn statement by each beneficiary of the legal defense trust that he or she will comply with the provisions of this chapter and that the trustee is responsible for the proper administration of the trust.
(1) There shall be one or more trustees, who shall not be a city elected official or public servant, a beneficiary, or a subordinate of or person associated with a beneficiary. The trustee(s) shall be responsible for authorizing expenditures and disbursements from the trust, the filing of quarterly reports required by section 3-1103, and the performance of tasks incidental to the administration of the trust.
(2) The trustee(s) shall be responsible for a legal defense trust’s financial administration as required by this chapter. Such trustee(s) shall establish an account, separate from any other bank account held by the trustee or any beneficiary of the trust, at a bank or other financial institution with an office or branch in the city of New York, for the deposit and expenditure of the trust’s moneys.
(3) Where there is more than one beneficiary of a legal defense trust, the trustee(s) may, in their discretion, allocate donations and expenditures attributable to trust administration in accordance with their fiduciary duties to the trust.
(4) Trustee(s) appointed pursuant to this section may be suspended or removed in accordance with the provisions of section 7-2.6 of the estates, powers and trusts law.
(1) A legal defense trust shall not accept a donation, and a city elected official or public servant may not raise funds for a legal defense trust, in an amount greater than $5,000 per donor.
(2) A legal defense trust shall not accept a donation, and a city elected official or public servant may not solicit a donation, of any amount from (a) any person who is a subordinate of such city elected official or public servant, or any person who is a subordinate of the city elected official or public servant for whose benefit the trust was established; (b) any person such trust knows or should know is a person with business dealings with the city as of the date of such donation or solicitation; (c) any person who as of the date of such donation or solicitation is appearing before or otherwise has a non-ministerial matter pending with the city; (d) a corporation, limited liability company, limited liability partnership or partnership; (e) any anonymous source; or (f) any source that fails to submit the disclosure document required pursuant to paragraph (3) of this subdivision.
(3) Whenever a donation is made to a legal defense trust, the donor shall submit a signed disclosure document to such trust, in such form as specified by the conflicts of interest board by rule, stating that such donor (a) is not a subordinate of the city elected official or public servant for whose benefit the trust was established, nor is a subordinate of the city elected official or public servant who solicited such donation, if applicable; (b) is not a person currently having business dealings with the city of New York; (c) is not appearing before the city; (d) has no non-ministerial matter with the city; and (e) has acknowledged that such donation will not affect any future business dealings with or the disposition of other matters with the city.
(4) For purposes of this subdivision, a solicitation for, or a donation to, a legal defense trust permitted by this subdivision shall be presumed not to be made because of a solicitor’s or beneficiary’s city position.
(5) No public servant shall solicit a donation to a legal defense trust (a) in his or her official capacity or (b) in an amount or from a source that is not permitted by this subdivision.
(6) No public servant, other than an elected official, who is a deputy mayor, or head of an agency or who is charged with substantial policy discretion as defined by rule of the conflicts of interest board, shall directly or indirectly request any person to make a donation to a legal defense trust, except for a legal defense trust of which such public servant is a beneficiary; provided that nothing contained in this paragraph shall be construed to prohibit such public servant from speaking on behalf of any beneficiary of a legal defense trust at an occasion where a solicitation for a donation to a legal defense trust may be made by others.
(7) No public servant shall, directly or indirectly (a) compel, induce or request any person to make a donation to a legal defense trust, under threat of prejudice to or promise of or to secure advantage in rank, compensation or other job-related status or function; or (b) make or promise to make a donation to a legal defense trust in consideration of having been or being nominated, elected or employed as such public servant or to secure advantage in rank, compensation or other job-related status or function.
(1) The funds of a legal defense trust may be used only to defray (a) legal expenses in connection with a governmental, administrative, criminal or civil investigation, audit or action described in a statement of organization filed pursuant to section 3-1102 that is related to (i) a political campaign; (ii) issue advocacy; or (iii) the holding of a civil office or appointment, public office or political party position, and (b) costs reasonably incurred in administering the trust, including but not limited to costs incident to the solicitation of donations, the hiring of service professionals, bank fees, and the creation and operation of the trust.
(2) The funds of a legal defense trust shall not be used for advertising expenses, political consultants, the payment of criminal fines or penalties imposed upon an individual beneficiary, or communications involving election or campaign activities.
(3) The funds of a legal defense trust shall not be used for the personal use of the trustee or beneficiary unrelated to the purposes of the trust.
(4) The funds of a legal defense trust shall not be used to defray legal expenses that have been paid for by the city. If the city pays any part of the legal expenses of a beneficiary after such beneficiary has received from the corporation counsel the letter required by subparagraph (a) of paragraph (1) of subdivision a of section 3-1102, such funds must be returned to the trust.
§ 3-1103 Reporting and disclosure by legal defense trusts.
(1) The names and addresses of all persons that made a donation having a reasonable value of $100 or more to the trust during the previous quarter, if any; the dates of donation; and the value of any such donation.
(2) An itemized accounting of each expenditure made during the previous quarter, including the name and address of each payee and the amount and the purpose of the expenditure, in a manner and form determined by the conflicts of interest board.
(3) The reports required to be filed by this section shall be filed no later than April 15 for the accounting period beginning January 1 and ending March 31; no later than July 15 for the accounting period beginning April 1 and ending June 30; no later than October 15 for the accounting period beginning July 1 and ending September 30; and no later than January 15 of the following calendar year, for the accounting period beginning October 1 and ending December 31.
§ 3-1104. Dissolution of the legal defense trust.
(1) returned to the donors on a last in, first out basis or in accordance with another reasonable method as determined by the trustee(s); or
(2) transferred to a charitable organization having tax exempt status under section 501(c)(3) of the internal revenue code, as determined by the trustee(s), or to the general fund of the city of New York; provided, however, that such funds shall not be transferred to an organization with which the trustee or a beneficiary is associated.
§ 3-1105 Enforcement.
§ 3-1106 Rulemaking.
The conflicts of interest board shall promulgate such rules as are necessary to ensure the implementation of this chapter.
§ 3-1107 Penalties.
(2) No violation shall issue and no penalty shall be imposed where any donation made pursuant to this subdivision is refunded within 20 days of receipt by the legal defense trust.
FAIR USE NOTICE. The Website may contain copyrighted material the use of which may not always be specifically authorized by the copyright owner. In such a case we are making the material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. Read the full Fair Use Declaration. Please contact us at wegov.nyc/get-involved with questions, comments, requests, offers, etc.