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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)
No person who is employed by a borough president or a council member may be appointed to serve on a community board to which such borough president may make appointments or to which such council member may make recommendations for appointment.
a. On or before the tenth day after an individual becomes a public servant, such individual shall file a written statement with the city clerk that such individual has read and shall conform to the provisions of this chapter.
b. On or before the tenth day after the head of any mayoral agency commences the performance of official duties, such agency head shall, in addition, file a written statement with the city clerk that such agency head has read and shall conform to the provisions of chapter sixteen.
c. The department of citywide administrative services shall make available such copies of chapters sixteen and forty-nine as are necessary to fulfill the requirements of this section.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1996/059.
1. Definitions. As used in this section:
(a) "Appear" means to communicate by live and/or recorded, visual and/or audio images of the candidate, or to use the name of the candidate, or both, or in a manner which makes the identity of the candidate otherwise apparent by unambiguous reference.
(b) "Candidate" means an individual who seeks nomination for election, or election, to any elective office to be voted for at a primary, general or special election whether or not the office has been specifically identified at such time and whether or not such individual is nominated or elected; an individual shall be deemed to seek nomination for election, or election, to an elective office, if he or she has (1) taken the action necessary to qualify himself or herself for nomination for election, or election, or (2) received contributions or made expenditures, given his or her consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination for election, or election, to any elective office at any time whether in the year in which such contributions or expenditures are made or at any other time.
(c) "Electioneering message" means a statement designed to urge the public to elect or defeat a certain candidate for elective office, or support or oppose a particular political party, or support or oppose a particular referendum question.
(d) "Elective office" means any elective office, including federal, state, and local offices.
(e) "Mass mailing" means identical or nearly identical pieces of literature or other mass communication totaling more than one hundred items, including but not limited to newsletters, pamphlets and informational materials, which are mailed to residents or voters, or any group or classification thereof, other than in response to specific inquiries or requests made by members of the public.
(f) "Participate" means to authorize, request, suggest, foster, cooperate, and encompasses actions and omissions of both the candidate for elective office and any agent acting on behalf of the candidate, including a political committee authorized by the candidate.
(g) "Public servant" means all officials, officers and employees of the city, including members of community boards and members of advisory committees, except unpaid members of advisory committees shall not be public servants.
2. (a) No public servant who is a candidate for nomination or election to any elective office or the spouse of such public servant shall appear or otherwise participate in any advertisement or commercial on television, radio, in print or by electronic means on the Internet, which is funded, in whole or part, by governmental funds or resources from January first in the year an election for such elective office shall be held through the day of the last election that year for that office, in which the candidate seeks nomination or election.
(b) No public servant who is a candidate for nomination or election to any elective office or the spouse of such public servant shall use, cause another person to use, or participate in the use of governmental funds or resources for a mass mailing that is postmarked, if mailed, or delivered, if by other means, less than ninety days prior to any primary or general election for any elective office for which office such person is a candidate for nomination or election; provided, however, that a candidate may send one mass mailing, which shall be postmarked, if mailed, or delivered, if by other means, no later than twenty-one days after the adoption of the executive budget pursuant to section two hundred fifty-four. No such mass mailing shall be intentionally sent to individuals outside the particular council district, borough, or other geographic area represented by such candidate.
(c) No public servant shall use governmental funds or resources for a public communication that contains an electioneering message, including but not limited to information placed by electronic means on the Internet.
(d) In the case of a candidate in a special election to fill a vacancy in an elective office, the prohibitions set forth in paragraphs (a) and (b) of this subdivision shall apply from the day the special election is declared through the day of the special election.
3. (a) Nothing in this section shall prohibit appearances or participation by public servants in or the use of governmental funds or resources for:
(i) advertisements and other communications required by law;
(ii) communications necessary to safeguard public health and safety;
(iii) standard communications in response to inquiries or requests;
(iv) ordinary communications between public servants and members of the public;
(v) ordinary communications between elected officials and their constituents;
(vi) bona fide news coverage in print and electronic media; or
(vii) debates among opposing candidates or other public education forums.
(b) Nothing in this section shall be construed to prohibit the public funding of candidates pursuant to any voluntary system of campaign finance reform established by local law or the lawful use of such public funds by such candidates.
(c) Nothing in this section shall be deemed to permit any interest or conduct prohibited by chapter sixty-eight of this charter or by any rule, regulation, opinion, or determination of the conflicts of interest board issued pursuant thereto or to restrict in any way the powers and obligations of the conflicts of interest board.
4. The intentional or knowing violation of this section shall be punishable as a misdemeanor in addition to any other penalty as may be provided under law. Additionally, the campaign finance board shall have the power to investigate and determine whether any use of governmental funds or resources pursuant to paragraph (b) of subdivision two of this section is a violation of such paragraph and, if such violation is found, whether such use of government resources also violates or constitutes a contribution and/or expenditure under chapter seven of title three of the administrative code of the city of New York or any rule promulgated thereunder. The campaign finance board may assess civil penalties, upon giving written notice and the opportunity to appear before the board, against candidates for offices covered by the system of campaign finance reform, in an amount not in excess of ten thousand dollars for each such violation.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2004/058.