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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.
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.
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.
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.
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.
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.
The heads of administrations and departments established by this charter, borough presidents and such officers as the mayor may require shall in addition to any other reports required by this charter, once in each year and at such other times as the mayor may direct, make to the mayor, in such form and under such rules as the mayor may prescribe, reports of their operations and action. Notice of the availability of copies of each of such annual reports shall be published in the City Record within thirty days of the publication of the report involved. The heads of all agencies shall, when required by the mayor, furnish to him or her such information as the mayor may demand, within such reasonable time as he or she may direct.
a. Notwithstanding any inconsistent provision of this charter, the administrative code or any local law and except as provided in this section, any requirement in this charter, the administrative code or otherwise in any local law that mandates the issuance of periodic or multiple reports by public agencies, officers or employees where at least one such report is due on or after the effective date of this section, and any requirement that mandates the establishment of a commission, committee, board, task force or other similar body that is solely advisory in nature, shall be subject to waiver in accordance with the provisions of this section.
b. There shall be a report and advisory board review commission, which shall consist of the speaker of the city council, two members of the council to be chosen by the speaker, the corporation counsel, the director of the mayor's office of operations, the director of management and budget, and the commissioner of information technology and telecommunications or designated officers or employees of the agencies headed by such members or in the case of the council members, designated employees of the council. The director of the mayor's office of operations shall be the chair of the commission.
c. The commission shall meet on a regular basis, at intervals determined by the chair, to perform the reviews required by this section. The commission shall hold at least one public hearing each year to solicit comment from members of the public on matters required to be reviewed by the commission pursuant to this section. The chair shall have charge of the organization of the commission and shall have authority to employ, assign and superintend the duties of such officers and employees as may be necessary to carry out the provisions of this section. In addition, the speaker of the city council, the commissioner or head of any agency or office represented on the commission or the commissioner or head of any other appropriate city agency or office may, if requested by the chair or the commission, provide staff and other assistance with respect to any matter within the jurisdiction of the commission.
d. (1) Except as provided in paragraph six of this subdivision, the commission shall have the power and responsibility to review all requirements in this charter or the administrative code or elsewhere in the local laws of New York city that mandate the issuance of periodic or multiple reports by city agencies, officers or employees where at least one such report is due on or after the effective date of this section, and all requirements that mandate the establishment of commissions, committees, boards, task forces or other similar bodies that are solely advisory in nature. Notwithstanding any inconsistent provision of this charter, the administrative code or any local law, the commission shall further have the power and responsibility, subject to review by the council and the mayor as provided in paragraphs four and five of this subdivision, and except as provided in paragraph six of this subdivision, to waive any such requirement. The commission shall be empowered to review requirements in effect on and after the effective date of this section regardless of the date of enactment of such requirements; provided, however, that the powers and duties of the commission shall not extend to the mayor's management report required pursuant to subdivision c of section twelve of this charter as in effect on July first, two thousand ten, or to requirements mandating the issuance of reports, or the creation of bodies, that are required pursuant to any state or federal law, rule or regulation or that are both (i) in effect on July first, two thousand ten and (ii) set forth in or required by sections ninety-three, ninety-five or ninety-six, or by chapters six, nine, ten or eleven of this charter.
(2) Prior to making any determination to waive a requirement pursuant to this section, the commission shall, to the extent practicable, solicit the views of groups, organizations, or entities representing the interests of persons and entities that the chair or the commission reasonably determines are the subject of or are otherwise affected or benefitted by the requirement under review. Any such determination made by the commission shall include a statement that the commission has solicited input in accordance with this paragraph.
(3) The commission shall review all requirements within its jurisdiction. Except as provided in this subdivision, the chair may establish the agenda and priorities of the commission with respect to the order in which the commission reviews requirements and with respect to similar matters. Upon completing its review of each such requirement, the commission shall issue a written determination whether or not to waive such requirement and, if the commission determines such requirement shall be waived, stating the reasons therefor. A report waived by the commission, subject to the review process set forth in paragraphs four and five of this subdivision, shall cease to be required. In the event that the commission determines to waive the requirement that mandates the establishment of an advisory body, if such waiver is approved by the council and the mayor pursuant to the provisions of this section, such body shall cease to exist following such approval. The commission may waive a reporting requirement in part rather than in whole by identifying particular required elements of such report that should be waived or retained. The commission shall issue determinations with respect to requirements that are in effect on the date of adoption of this section no later than November first, two thousand fifteen, and shall issue determinations with respect to requirements enacted after such date of adoption no later than five years after the date of enactment of such requirements. The commission may from time to time make further determinations with respect to the waiver of any such requirement; provided, however, that when a requirement has been retained by the commission or as a result of the review process set forth in paragraphs four and five of this subdivision, the commission shall again review such requirement within five years of the date of the determination to retain the requirement.
(4) The commission shall promptly file with the council and the mayor, publish in the city record and post on the city website each determination to waive a requirement, whether in part or in whole, that is issued pursuant to paragraph three of this subdivision, and shall promptly provide copies of such determination electronically or by any other reasonable means to groups, organizations or entities from which the commission has solicited input in accordance with paragraph two of this subdivision. Within one hundred twenty days of the filing of a determination by the commission, the council may either approve or disapprove such determination by the affirmative vote of a majority of all the council members. If, at the end of such one hundred twenty days, the council has failed to act on a determination of the commission, the council shall be deemed to have approved such determination, and such determination shall take effect.
(5) All actions of the council pursuant to this subdivision shall be filed by the council with the mayor prior to the expiration of the time period for council action under paragraph four of this subdivision. Any approval by the council pursuant to this subdivision, whether as a result of council action or failure to act, shall be final. Any disapproval by the council pursuant to this subdivision shall be final unless the mayor within ten days of receiving a filing with respect to such action files with the council a written disapproval of the action. A mayoral disapproval pursuant to this paragraph shall have the effect of vetoing any council disapproval and shall be subject to override by a two-thirds vote of all the council members within fifteen days of such filing by the mayor.
(6) Notwithstanding any other provision of this section, in no event shall the commission make a determination to waive a requirement otherwise subject to its jurisdiction for three years following the date of enactment of the most recent local law imposing any such requirement.
e. The commission shall base its reviews and determinations on such criteria as it may deem appropriate. Such criteria shall include but not be limited to the following:
(1) With regard to requirements mandating the issuance of reports: whether the report provides useful information for evaluating the results of programs, activities and functions and their effectiveness in achieving their goals and objectives; whether the report provides useful information for assessing the effectiveness of the management of city resources; whether the report is entirely or partially duplicative of the subject matter of any other mandated report; whether the report remains relevant in light of changing circumstances, current information needs and technological advances; and whether the benefits and usefulness of the report outweigh the expenditure of public resources to produce it.
(2) With regard to requirements mandating the establishment of advisory commissions, committees, boards, task forces or other similar bodies: whether the body substantially furthers the mission of city agencies with which it interacts or within which it is located; whether the function or jurisdiction of a body is entirely or partly duplicative of the function or jurisdiction of any other mandated body; whether the function or jurisdiction of a body is limited to the production of reports that have been waived pursuant to this section; whether the function or jurisdiction of a body remains relevant in light of changing circumstances and needs; and whether the benefits and usefulness of the body outweigh the expenditure of public resources to support and interact with it.
f. In addition to the powers set forth in subdivisions a through e of this section, the commission may recommend to the mayor and the council the modification of existing requirements with respect to the issuance of reports and the establishment of solely advisory bodies in order to make the implementation of such requirements more effective in achieving their intended purposes; such recommendations may include, but not be limited to recommendations designed to modify or consolidate reporting requirements in light of technological advances, and may also evaluate, and make recommendations to the mayor and the council concerning, additional data needs.
g. Nothing in this section shall be construed to prevent the city council from acting by local law to limit or repeal any requirement otherwise subject to this section at any time, or to enhance or extend such requirement. Any such enhancement or extension shall be subject to commission review pursuant to this section, provided, however, that such review is limited by the three-year period set forth in paragraph six of subdivision d.
Any person holding office, whether by election or appointment, who shall, during such person's term of office, accept, hold or retain any other civil office of honor, trust or emolument under the government of the United States, except commissioners for the taking of bail, or of the state, except the office of notary public or commissioner of deeds or officer of the national guard, or who shall hold or accept any other office connected with the government of the city, or who shall accept a seat in the legislature, shall be deemed thereby to have vacated any office held by such person under the city government; except that the mayor may accept, or may in writing authorize any other person holding office to accept, a specified civil office in respect to which no salary or other compensation is provided. No person shall hold two city or county offices, except as expressly provided in this charter or by statute; nor shall any officer under the city government hold or retain an office under a county government, except when such officer holds such office ex officio by virtue of an act of the legislature, and in such case shall draw no salary for such ex officio; provided, however, that any member of the police force or any member of the fire department may hold office as a member of a board of education outside of the city of New York if otherwise qualified to serve thereon.
a. Any council member or other officer or employee of the city who shall wilfully violate or evade any provision of law relating to such officer's office or employment, or commit any fraud upon the city, or convert any of the public property to such officer's own use, or knowingly permit any other person so to convert it or by gross or culpable neglect of duty allow the same to be lost to the city, shall be deemed guilty of a misdemeanor and in addition to the penalties imposed by law and on conviction shall forfeit such office or employment, and be excluded forever after from receiving or holding any office or employment under the city government.
b. Any officer or employee of the city or of any city agency who shall knowingly make a false or deceptive report or statement in the course of duty shall be guilty of a misdemeanor and, upon conviction, forfeit such office or employment.
If a person receiving a pension or a retirement allowance made up of such pension and an annuity purchased by the pensioner from the city or any agency, or out of any fund under the city or any agency, by reason of such person's own prior employment by the city or any agency, shall hold and receive any compensation from any office, employment or position under the state or city or any of the counties included within the city or any municipal corporation or political subdivision of the state, except the offices of inspector of election, poll clerk or ballot clerk under the election law or commissioner of deeds or notary public or jury duty, the payment of said pension only shall be suspended and forfeited during and for the time such person shall hold and receive compensation from such office, position or employment; but this section shall not apply where the pension and the salary or compensation of the office, employment or position amount in the aggregate to less than one thousand eight hundred dollars annually.
No officer or employee of the city or of any of the counties within its limits shall detail or cause any officer or employee of the city or of any of such counties to do or perform any service or work outside of the public office, work or employment of such officer or employee; and any violation of this section shall constitute a misdemeanor.
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