Section 1116. Fraud; neglect of duty; willful violation of law relative to office.

   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.

Section 1117. Pensioner not to hold office.

If a person receiving a pension or a retirement allowance made up of such pension and an annuity purchased by the pensioner from the city or any agency, or out of any fund under the city or any agency, by reason of such person's own prior employment by the city or any agency, shall hold and receive any compensation from any office, employment or position under the state or city or any of the counties included within the city or any municipal corporation or political subdivision of the state, except the offices of inspector of election, poll clerk or ballot clerk under the election law or commissioner of deeds or notary public or jury duty, the payment of said pension only shall be suspended and forfeited during and for the time such person shall hold and receive compensation from such office, position or employment; but this section shall not apply where the pension and the salary or compensation of the office, employment or position amount in the aggregate to less than one thousand eight hundred dollars annually.

Section 1118. Officers and employees not to be ordered to work outside public employment.

No officer or employee of the city or of any of the counties within its limits shall detail or cause any officer or employee of the city or of any of such counties to do or perform any service or work outside of the public office, work or employment of such officer or employee; and any violation of this section shall constitute a misdemeanor.

Section 1119. Action of boards.

Except as otherwise provided by law:

   1.   Whenever any act is authorized to be done or any determination or decision made by any commission, board or other body, the act, determination or decisions of the majority of the commission, board or other body shall be held to be the act, determination or decision of the commission, board or other body.

   2.   A majority of the members of any commission, board or other body shall constitute a quorum of such commission, board or other body.

   3.   Each commission, board or other body may choose at its own pleasure one of its members who shall be its president and one who shall be its treasurer and may appoint a secretary or chief clerk within the appropriation therefor.

Section 1120. Additional powers and duties.

Any elected or appointed officer of the city or any board or commission or any member thereof shall, in addition to the powers and duties vested in such officer, board or commission by this charter, perform any duties and exercise any powers vested in such officer or in such board or commission by any other provision of law and any power necessary to carry out the powers and duties vested in such officer, board or commission.

Section 1121. Agreements concerning performance of agency administrative functions.

Notwithstanding any other provision of local law to the contrary, two or more agencies of the city may, by mutual agreement, share in the performance of specified administrative functions or designate one or more of such agencies to perform such functions for one or more other such agencies if, in the judgment of the heads of such agencies, such sharing or designation will result in more effective or efficient performance of such functions for the agencies entering into such agreement. An agreement pursuant to this section may include but shall not be limited to the sharing of, or designation of one or more agencies to perform, one or more of the following functions: personnel services, labor relations, facilities maintenance and management, purchasing, information technology and telecommunications, budget administration, and internal auditing. For purposes of this section, "agencies of the city" shall include but not be limited to mayoral and non-mayoral agencies, city boards and commissions, and the offices of elected city officers.

Section 1122. Bonds.

Unless otherwise provided by law, each officer of the city who has possession of or control over any funds of the city shall give bond for the faithful performance of the duties of such officer in such sum as may be fixed and with sureties to be approved by the comptroller. Such bonds shall run to the city of New York, and in case there is another officer who is responsible for the officer giving the bond, shall run also to such officer.

Section 1123. Failure to testify.

If any council member or other officer or employee of the city shall, after lawful notice or process, wilfully refuse or fail to appear before any court or judge, any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, or having appeared shall refuse to testify or to answer any question regarding the property, government or affairs of the city or of any county included within its territorial limits, or regarding the nomination, election, appointment or official conduct of any officer or employee of the city or of any such county, on the ground that the answer of such council member, officer or employee would tend to incriminate him or her, or shall refuse to waive immunity from prosecution on account of any such matter in relation to which he or she may be asked to testify upon any such hearing or inquiry, the term or tenure of office or employment of such council member, officer or employee shall terminate and such office or employment shall be vacant, and he or she shall not be eligible to election or appointment to any office or employment under the city or any agency.

Section 1124. Civil rights protected.

Nothing in this charter contained shall affect any rights given or secured by section fifteen of the civil rights law, including the right of officers and employees, as citizens, to appeal to the legislature or to any public officer, board, commission or other public body for the redress of their grievances as such officers and employees.

Section 1125. Salaries of the district attorneys.

Each of the district attorneys of the counties of New York, Bronx, Kings, Queens and Richmond shall receive an annual salary equal to the compensation received by a justice of the supreme court in the county in which such district attorney has been elected and is serving, or two hundred twelve thousand eight hundred dollars a year, whichever is greater.

(Am. L.L. 2016/019, 2/19/2016, retro. eff. 1/1/2016)

Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2006/051.