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No officer or employee of the department of citywide administrative services subject to this provision pursuant to a designation of the commissioner of citywide administrative services, and no member, officer, or employee of the civil service commission shall hold office or serve as a member of any committee in any political organization or association, nor shall such member, officer or employee serve as a delegate to any political convention. Any member, officer or employee violating this provision shall forfeit such office or employment. The commissioner of citywide administrative services shall designate all employees in the department of citywide administrative services who perform functions relating to citywide personnel issues to be subject to this provision.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1996/059.
a. Notwithstanding the provisions of any local law, rule or regulation to the contrary, every person seeking employment with the city of New York or any of its agencies regardless of civil service classification or status shall sign an agreement as a condition precedent to such employment to the effect that if such person is or becomes a nonresident individual as that term is defined in section 11-1706 of the administrative code of the city of New York or any similar provision of such code, during employment by the city, such person will pay to the city an amount by which a city personal income tax on residents computed and determined as if such person were a resident individual, as defined in such section, during such employment, exceeds the amount of any city earnings tax and city personal income tax imposed on such person for the same taxable period.
b. Whenever any provision of this charter, the administrative code of the city of New York or any rule or regulation promulgated pursuant to such charter or administrative code employs the term "salary", "compensation", or any other word or words having a similar meaning, such terms shall be deemed and construed to mean the scheduled salary or compensation of any employee of the city of New York, undiminished by any amount payable pursuant to subdivision a of this section.
a. No person vent, seek to prevent, interfere with, obstruct, or otherwise hinder any study or investigation being conducted pursuant to the charter. Any violation of this section shall constitute cause for suspension or removal from office or employment.
b. Full cooperation with the commissioner of investigation shall be afforded by every officer or employee of the city or other persons.
Any police commissioner or any member of the police force who shall accept any additional place of public trust or civil emolument except as a member of a community board, or who shall during his or her term of office be nominated for any office elective by the people, except a member of the police force appointed, nominated or elected to a board of education outside of the city of New York, and shall not, within ten days succeeding same, decline the said nomination, shall be deemed thereby to have resigned his or her commission and to have vacated his or her office, and all votes cast at any election for any person holding the office of police commissioner, or within thirty days after he or she shall have resigned such office, shall be void.
The foregoing provisions shall not apply to any member of the police force who, with the written authorization of the mayor, shall accept any additional place of public trust or civil emolument while on leave of absence without pay from the department.
Any commissioner or any member of the uniformed force of the fire department may accept any additional place of public trust or civil emolument or may be elected to public office. Provided, however, if the fire commissioner determines that serving in such capacity interferes with his or her performance as a member of the department, the commissioner may require that such member be on a leave of absence without pay from the department during the time that such member holds such office.
The board of education shall have the power to remove from office any school officer who shall have been directly or indirectly interested in the furnishing of any supplies or materials, or in the doing of any work or labor, or in the sale or leasing of any real estate, or in any proposal, agreement or contract for any of these purposes, in any case in which the price or consideration is to be paid, in whole or in part, directly or indirectly, out of any school moneys, or who shall have received from any source whatever any commission or compensation in connection with any of the matters aforesaid; and any school officer who shall violate the preceding provisions of this section shall be deemed guilty of a misdemeanor, and shall also forfeit such office and be ineligible to any office or employment under the board of education or under the city or any agency. The provisions of this section shall not apply to authors of school books used in any of the public schools because of any interest they may have as authors in such books.
Neither the city superintendent of schools, nor any associate or assistant superintendent of schools, nor any member of the board of examiners, nor any member of the supervising or teaching staff of the board of education of the city shall be permitted to contribute any moneys directly or indirectly to any fund intended to affect legislation increasing their emoluments, but nothing herein shall be construed to deny any right afforded by section eleven hundred twenty-four.
a. The head of each agency shall transmit to the municipal reference and research library, in electronic format each report, document, study and publication required by local law, executive order, or mayoral directive to be published, issued ore transmitted to the council or mayor, together with metadata identified by the department of records and information services, within ten business days of such publication, issuance or transmittal to the council or mayor, which materials shall be made available to the public on or through the department's website, or its successor agency's website, within ten business days of such publication, issuance or transmittal to the council or mayor. The agency shall further transmit within ten business days of release by the agency, in electronic format, to the department of records and information services each report, document or study prepared by consultants or other independent contractors, together with metadata identified by the department of records and information services. Such materials shall further be made available to the public on or through the department's website, or its successor's website, within ten business days of release by the agency. Where practicable, each agency shall also transmit, in electronic format, to the department of records and information services or its successor agency all other published material and any report, document, study and publication required to be published by any state or federal law, rule or regulation, together with metadata identified by the department of records and information services. Such materials shall further be made available to the public on or through the department's website, or its successor's website, within ten business days of such publication.
b. Effective July 1, 2019, the department of records and information services, or its successor agency, shall maintain a list on its website of all reports, documents, studies and publications required by local law, executive order, or mayoral directive to be published, issued, or transmitted to the council or mayor. Such list shall provide:
1. the title of each such report, document, study or publication;
2. the agency or agencies primarily responsible for preparing such report, document, study or publication;
3. the frequency with which such report, document, study or publication is required to be published, issued or transmitted;
4. the date on which the last such report, document, study or publication was published by the agency; and
5. effective January 1, 2020, for each such report, document, study or publication listed pursuant to this subdivision, a link to the location of every instance of such report, document, study or publication, as received and posted pursuant to subdivisions a and c, and every request for such report, document, study or publication, as posted pursuant to subdivision d, provided that if such link is to a searchable portal then such link shall automatically execute the relevant search for the user.
c. For every instance of a report, document, study or publication listed pursuant to subdivision b and received by the department of records and information services, such website shall provide:
1. access to a copy of such report, document, study or publication;
2. a citation to any local law number, section of the charter, section of the administrative code, or section of any other law to which such report, document, study or publication is intended to be responsive, as provided pursuant to section 1134, if any;
3. the agency or agencies that prepared such report, document, study or publication; and
4. the date or reporting period for which such report, document, study or publication is intended to be responsive, if any.
d. The department of records and information services, or its successor agency, shall request the transmission pursuant to the requirements of this section of any report, document, study or publication required by local law, executive order, or mayoral directive to be published, issued, or transmitted to the council or mayor that is not received by the department, or its successor agency, within ten business days of the due date for such report, document, study or publication pursuant to the local law, executive order, or mayoral directive that requires the publishing, issuance or transmittal of such report, document, study or publication. The department, or its successor agency, shall make such request available on or through its website in place of the report, document, study or publication that has not been received.
e. By January 31 of each calendar year, the department of records and information services or its successor agency shall notify each agency of the reports that the department expects to receive from the agency during that calendar year.
f. No records shall be destroyed or otherwise disposed of by an agency, officer or employee of the city unless approval has been obtained from the commissioner of records and information services, the corporation counsel and the head of the agency which created or has jurisdiction over the records who shall base their determinations on the potential administrative, fiscal, legal, research or historical value of the record. Approval for records disposal shall be contained in an approved records disposal schedule and remain in force until the status of the records changes. The commissioner of records and information services or the head of the agency which created or has jurisdiction over the records may initiate action to eliminate records eligible for disposal. The commissioner of records and information services shall insure the destruction of disposable records within six months of the date of eligibility.
g. Records of historical, research, cultural or other important value shall be transferred to the municipal archives for permanent custody pursuant to a records disposition schedule approved by the commissioner of records and information services and, if applicable, the head of the agency which created or has jurisdiction over the records. Such schedule is subject to the conditions set forth herein. The city shall reserve and retain ownership, possession, and control of all records of historical, research, cultural or other important value in accordance with the provisions of this section and subdivision five of section 3003.
h. Other materials not included within the definition of records in this charter may be destroyed, if not otherwise prohibited by law, at any time by the agency in possession of such materials without the approval of the commissioner of records and information services. Such commissioner may, however, formulate procedures and interpretations to guide in the disposition of such materials.
(Am. L.L. 2019/029, 2/9/2019, eff. 6/9/2019)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2003/011 and L.L. 2003/022.
The head of each agency shall promptly transmit to the council copies of all final reports or studies which the charter or other law requires the agency or any official thereof to prepare. After July 1, 2019, for every such report or study that contains data in a list, table, graph, chart or other non-narrative form, the head of each agency shall also transmit such data to the council in a non-proprietary format that permits automated processing. The head of each agency shall also promptly transmit to the council copies of all final audits, audit reports and evaluations of such agency prepared by state or federal officials or by private parties. For every report, study, audit or evaluation that the charter, code or other local law requires an agency or official to prepare there shall be included in a conspicuous location a list of the sections of the charter or code, or the local law number and year if unconsolidated, whose requirements are fulfilled by such report, study, audit or evaluation, whether in full or in part, provided that if such section or local law contains requirements to be fulfilled by different reports then the relevant subdivision or other part of such law shall be included, and further provided that this requirement shall not apply if such report, study, audit or evaluation was placed in the charter or code by a state law and is required to be provided solely to a state agency.
(Am. L.L. 2019/015, 1/11/2019, eff. 1/11/2019; Am. L.L. 2019/029, 2/9/2019, eff. 6/9/2019)
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