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New York City Overview
The New York City Charter
NEW YORK CITY CHARTER
Preamble
Introductory
Chapter 1: Mayor
Chapter 2: Council
Chapter 2-A: Districting Commission
Chapter 3: Board of Estimate [Repealed]
Chapter 4: Borough Presidents.
Chapter 5: Comptroller.
Chapter 6: Expense Budget
Chapter 7: Tax Appeals
Chapter 8: City Planning
Chapter 9: Capital Projects and Budget
Chapter 10: Budget Process
Chapter 11: Independent Budget Office
Chapter 12: Obligations of the City
Chapter 13: Procurement
Chapter 13-A: Office of Economic and Financial Opportunity [Repealed]
Chapter 13-B: Office of Labor Services [Repealed]
Chapter 14: Franchises, Revocable Consents and Concessions
Chapter 15: Property of the City
Chapter 16: Heads of Mayoral Agencies
Chapter 17: Law Department
Chapter 18: Police Department
Chapter 18-A: Civilian Complaint Review Board
Chapter 18-B: Independent Police Investigation and Audit Board
Chapter 18-C: Public Safety
Chapter 18-D: Sale, Purchase and Possession of Weapons
Chapter 19: Fire Department
Chapter 19-A: Emergency Management Department
Chapter 20: Education
Chapter 21: Department of Parks and Recreation
Chapter 21-A: New York City Sports Commission
Chapter 22: Department of Health and Mental Hygiene
Chapter 23: Office of Animal Welfare
Chapter 24: Department of Social Services
Chapter 24-A: Department of Homeless Services
Chapter 24-B: Administration for Children's Services
Chapter 25: Department of Correction
Chapter 26: Department of Buildings
Chapter 27: Board of Standards and Appeals
Chapter 28: Department of Juvenile Justice [Repealed]
Chapter 29: Department of Ports and Trade [Repealed]
Chapter 30: Department of Youth and Community Development
Chapter 31: Department of Sanitation
Chapter 34: Department of Investigation
Chapter 35: Department of Citywide Administrative Services
Chapter 36: Equal Employment Practices Commission
Chapter 37: Art Commission
Chapter 38: Financial Information Services Agency
Chapter 39: Office of Payroll Administration
Chapter 40: New York City Human Rights Commission
Chapter 45: City Administrative Procedure Act
Chapter 45-A: Office of Administrative Trials and Hearings
Chapter 46: Elections and Voter Assistance
Chapter 46-A: Voting by Lawful Permanent Residents and Persons Authorized to Work in the United States
Chapter 47: Public Access to Meetings and Information
Chapter 48: Department of Information Technology and Telecommunications
Chapter 49: Officers and Employees
Section 1100. Head of department; whole time.
Section 1101. Deputies.
Section 1102. Organization of department.
Section 1109. Summary inquiry.
Section 1110. Trusteeship of public property.
Section 1110-a. Capital plant inventory and maintenance estimates.
Section 1111. Authorization to incur liabilities; expenses not to exceed appropriation.
Section 1112. Reports to mayor.
Section 1113. Report and advisory board review commission.
Section 1115. Officer not to hold any other civil office.
Section 1116. Fraud; neglect of duty; willful violation of law relative to office.
Section 1117. Pensioner not to hold office.
Section 1118. Officers and employees not to be ordered to work outside public employment.
Section 1119. Action of boards.
Section 1120. Additional powers and duties.
Section 1121. Agreements concerning performance of agency administrative functions.
Section 1122. Bonds.
Section 1123. Failure to testify.
Section 1124. Civil rights protected.
Section 1125. Salaries of the district attorneys.
Section 1126. Political activities forbidden.
Section 1127. Condition precedent to employment.
Section 1128. Interference with investigation.
Section 1129. Members of police department; no other office.
Section 1130. Members of fire department; elective office.
Section 1131. School officers not to be interested in contracts; removal.
Section 1132. Contributions to political funds, etc., prohibited.
Section 1133. Transmission of reports; disposal of records; destruction of other materials.
Section 1134. [Copies of agency reports, audits or evaluations to council.]
Section 1135. Restriction on community board membership of employees of council members and borough presidents.
Section 1136. Certification of officers and employees.
Section 1136.1. Prohibitions on the use of government funds and resources.
Chapter 50: Term Limits
Chapter 50-A: Qualification for Elected Office
Chapter 51: Transitory Provisions
Chapter 52: General Provisions
Chapter 54: Collective Bargaining
Chapter 55: Department of Design and Construction
Chapter 56: Department of Small Business Services
Chapter 57: Department of Environmental Protection
Chapter 58: Department of Finance
Chapter 59: Department of General Services [Repealed]
Chapter 61: Department of Housing Preservation and Development
Chapter 63: Business Integrity Commission
Chapter 64: Department of Consumer and Worker Protection
Chapter 65: New York City Taxi and Limousine Commission
Chapter 66: Department for the Aging
Chapter 67: Department of Cultural Affairs
Chapter 68: Conflicts of Interest
Chapter 69: Community Districts and Coterminality of Services
Chapter 70: City Government In the Community
Chapter 71: Department of Transportation
Chapter 72: Department of Records and Information Services
Chapter 73: Department of Employment [Repealed]
Chapter 74: Landmarks Preservation Commission
Chapter 75: Department of Veterans' Services
Chapter 76: Civic Engagement Commission
Chapter 77: Office of Ethnic and Community Media
Chapter 78: Equity
Chapter 79: Community Hiring and Workforce Development
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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Section 1100. Head of department; whole time.
Every head of an administration or department or elected officer who receives a salary from the city shall give his or her whole time to the duties of the office and shall not engage in any other occupation, profession or employment.
(Am. L.L. 2016/020, 2/19/2016, eff. 2/19/2016)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2016/020.
Section 1101. Deputies.
   a.   Any head of a department established by this charter may appoint, and at pleasure, remove so many deputies as may be provided for by law and determine their relative rank, and may appoint and at pleasure remove a secretary to the department if so provided, and, except as otherwise provided by law, shall assign to them their duties and may by instrument in writing filed in the department designate any deputy to possess any of the powers and exercise such of the duties of the head of the department and for such times and under such conditions as such head of a department may specify.
   b.   During a vacancy in the office of the head of an administration or a department established by this charter, or whenever by reason of illness or absence from the city such official shall be prevented from attending to the duties of office, the highest ranking deputy not absent of under disability shall act as the head of the administration or department.
   c.   The head of each mayoral department, including each such department within an administration, shall designate a deputy commissioner of the department or a senior officer reporting directly to the head of the department who shall be responsible for the personnel, management and budget administration functions of the department and for financial planning and management in the areas of payroll, purchasing, vouchering, accounting and related areas assigned by the head of the department.
Section 1102. Organization of department.
   a.   Any head of an administration or a department established by this charter, to the extent to which the organization of the administration or department is not prescribed by law, shall by instrument in writing filed in the agency organize the administration or department into such divisions, bureaus or offices and make such assignments of powers and duties among them, and from time to time change such organization or assignments, as the head of the administration or department may consider advisable.
   b.   Except as provided in section eleven, where divisions, bureaus or offices have been established by law, the mayor may consolidate any two or more divisions, bureaus or offices in any agency under the jurisdiction of the mayor and change the duties of any such division, bureau or office and in like manner reverse or modify any such action.
Section 1109. Summary inquiry.
A summary inquiry into any alleged violation or neglect of duty in relation to the property, government or affairs of the city may be conducted under an order to be made by any justice of the supreme court in the first, second or eleventh judicial district on application of the mayor, the comptroller, the public advocate, any five council members, the commissioner of investigation or any five citizens who are taxpayers, supported by affidavit to the effect that one or more officers, employees or other persons therein named have knowledge or information concerning such alleged violation or neglect of duty. Such inquiry shall be conducted before and shall be controlled by the justice making the order or any other justice of the supreme court in the same district. Such justice may require any officer or employee or any other person to attend and be examined in relation to the subject of the inquiry. Any answers given by a witness in such inquiry shall not be used against such witness in any criminal proceeding, except that for all false answers on material points such witness shall be subject to prosecution for perjury. The examination shall be reduced to writing and shall be filed in the office of the clerk of such county within the first, second or eleventh judicial district as the justice may direct, and shall be a public record.
Section 1110. Trusteeship of public property.
The council and the council members and all other officers and employees of the city are hereby declared respectively trustees of the property, funds and effects of the city, so far as such property, funds and effects are or may be committed to their management or control. Such trustees are hereby made subject to all the duties and responsibilities imposed by law on trustees, and such duties and responsibilities may be enforced by the city or by any officer thereof.
Section 1110-a. Capital plant inventory and maintenance estimates.
   a.   For the purposes of this section:
      1.   "Maintenance" or "maintain" shall denote those activities necessary to keep the relevant portion of the capital plant in good repair so as to preserve its structural integrity and to prevent its deterioration.
      2.   "Major portion of the capital plant" shall mean (a) any capital asset (1) which is a capital facility or system comprising a component of the public domain or infrastructure general fixed assets of the city or a building comprising a component of the general fixed assets of the city and (2) which, as of December thirty-first, nineteen hundred eighty-eight, or, as the result of any reconstruction or expansion after such date, has a replacement cost of at least ten million dollars and a useful life of at least ten years, or if purchased or constructed after such date, has an original cost of at least ten million dollars, and an original useful life of at least ten years; and (b) any other capital asset of the city designated by the mayor for the purposes of this section; provided, however, that it shall not include any asset which is leased to or otherwise under the cognizance and control of a public benefit corporation or which is otherwise covered, pursuant to state law, by requirements which are substantially similar to the requirements of this section.
   b.   Not later than October first of nineteen hundred eighty-nine, the head of each agency shall submit to the mayor, for each major portion of the capital plant for which the agency or any officer or employee thereof is responsible, the following information: the date of original acquisition or construction, the dates of any significant alterations or reconstructions, the original cost and original useful life, and the current replacement cost and remaining useful life. Such information shall be categorized by project type.
   c.   Not later than October first of nineteen hundred ninety, the head of each agency shall submit to the mayor an agency capital plant inventory presenting, for each major portion of the capital plant for which the agency or any officer or employee thereof is responsible, an update of the information required by subdivision b of this section as well as an assessment of its condition and a schedule, by year, of maintenance activities. The head of each agency shall submit amendments of such agency capital plant inventory to the mayor as necessary to ensure that such inventory, including the condition assessments and maintenance schedules, is complete, current and accurate. Such inventory and amendments thereto shall be categorized by project type.
   d.   Such maintenance schedules and amendments thereto, other than amendments reflecting the disposition or demolition of any portion of the capital plant, shall be prepared or reviewed by professional engineers or architects registered in the state of New York and such engineers or architects shall set forth in writing (1) their opinions as to the reasonableness and sufficiency of the activities set forth in such schedules for maintaining such portions of the capital plant and (2) their recommendations, if any, for changes in such schedules. Such opinions and recommendations shall be based upon commonly used standards for acceptable levels of maintenance, the performance and other specifications to which such portions of the capital plant were designed, and such other engineering or architectural standards as may be appropriate. Such professional engineers or architects may be officers or employees of the city of New York.
   e.   The mayor shall transmit copies of such agency capital plant inventories, and all amendments thereto, to the council, the comptroller and the city planning commission and shall ensure that all information from such inventories as amended, including the condition assessments and maintenance schedules, and the opinions and recommendations related to such maintenance schedules are centrally stored and accessible to such officials, the agencies involved and other interested parties.
   f.   Not later than the first day of October of each year, commencing in nineteen hundred ninety, the mayor shall transmit to the council estimates for the ensuing fiscal year and for each of the three succeeding fiscal years of the amounts, by agency and project type and, within project type, by personal services and other-than-personal services, necessary to maintain all major portions of the capital plant, consistent with the maintenance schedules on file with the mayor pursuant to subdivision e of this section. Such estimates shall be prepared or reviewed by the professional engineers or architects who prepared or reviewed such maintenance schedules or by professional engineers or architects registered in the State of New York and employed by the office of management and budget or the agencies involved. Such architects or engineers shall set forth in writing (1) their opinions as to the reasonableness of such estimates and whether such estimates have been logically derived from such maintenance schedules and (2) their recommendations, if any, for changes in such estimates. Such opinions and recommendations shall be centrally stored and accessible to any interested party.
Section 1111. Authorization to incur liabilities; expenses not to exceed appropriation.
The head of each agency shall establish the procedure by which charges and liabilities may be incurred on behalf of the agency. Such procedures shall ensure that no officer or employee, on behalf of or in the name of the agency, shall incur a liability or an expense for any purpose in excess of the amount appropriated or otherwise authorized therefor; and no charge, claim or liability shall exist or arise against the city, or any of the counties contained within its territorial limits, for any sum in excess of the amount appropriated or otherwise authorized for the particular purpose.
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