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The New York City Charter
NEW YORK CITY CHARTER
Preamble
Introductory
Chapter 1: Mayor
Section 3. Office powers.
Section 4. Election; term; salary.
Section 5. Annual statement to council.
Section 6. Heads of departments; appoint; remove.
Section 7. Deputy mayors.
Section 8. General powers.
Section 9. Removal of mayor.
Section 10. Succession.
Section 11. Reorganization of agencies under jurisdiction of mayor.
Section 11-a. Designation of administering offices or agencies.
Section 12. Mayor's management report.
Section 13. Office of criminal justice.
Section 13-a. Code of administrative judicial conduct.
Section 13-b. Office of civil justice.
Section 13-c. Municipal division of transitional services.
Section 13-d. Office of crime victim services.
Section 13-e. Office of street vendor enforcement.
Section 13-f. Office for neighborhood safety and the prevention of gun violence.
Section 14. Office of veteran' affairs. [Repealed]
Section 15. Office of operations.
Section 16. Report on social indicators and equity.
Section 16-a. Fair housing plan and housing reports.
Section 17. Strategic policy statement.
Section 18. Office of immigrant affairs.
Section 19. Office to end domestic and gender-based violence.
Section 20. Office of long-term planning and sustainability.
Section 20-a. Office of urban agriculture.
Section 20-b. Commission on gender equity.
Section 20-c. Drug strategy.
Section 20-d. Office of nightlife.
Section 20-e. Committee on city healthcare services.
Section 20-f. Office of data analytics.
Section 20-g. Office for the prevention of hate crimes.
Section 20-h. Office of minority and women-owned business enterprises.
Section 20-i. Office of food policy.
Section 20-j. Office of cyber command.
Section 20-k. Center for older workforce development.
Section 20-l. Office of sports, wellness and recreation.
Section 20-m. Office of community mental health and mental health council.
Section 20-n. Office of the utility advocate.
Section 20-o. Office of not-for-profit organization services.
§ 20-p. Office of marine debris disposal and vessel surrendering.
§ 20-q. Office of healthcare accountability.
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Chapter 3: Board of Estimate [Repealed]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
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 7. Deputy mayors.
The mayor shall appoint one or more deputy mayors with such duties and responsibilities as the mayor determines.
Section 8. General powers.
The mayor, subject to this charter, shall exercise all the powers vested in the city, except as otherwise provided by law.
   a.   The mayor shall be responsible for the effectiveness and integrity of city government operations and shall establish and maintain such policies and procedures as are necessary and appropriate to accomplish this responsibility including the implementation of effective systems of internal control by each agency and unit under the jurisdiction of the mayor.
   b.   The mayor shall be a magistrate.
   c.   Notwithstanding any other provision of law, the mayor shall have the powers of a finance board under the local finance law and may exercise such powers without regard to any provision of law prescribing the voting strength required for a resolution or action of such finance board, provided, however, that whenever the mayor determines that obligations should be issued and the amount thereof, he shall certify such determination to the comptroller who shall thereupon determine the nature and term of such obligations and shall arrange for the issuance thereof.
   d.   The mayor shall establish a minimum per diem compensation for inspectors of election and clerks employed to assist the inspectors of election in polling places under the direction of the board of elections as follows: on registration and primary election days twenty dollars; on Election day thirty-five dollars, except that the chairman of each election board shall receive an additional three dollars compensation per day. The minimum per diem rate for compensation for election inspectors attending classes of instruction shall be five dollars.
   e.   The mayor shall establish a professional internal audit function in the executive office of the mayor which is sufficient to provide the mayor with such information and assurances as the mayor, as the chief executive of the city, requires to ensure the proper administration of the city's affairs and the efficient conduct of its business.
   f.   Except as otherwise provided in section eleven, the mayor may, by executive order, at any time, create or abolish bureaus, divisions or positions within the executive office of the mayor as he or she may deem necessary to fulfill mayoral duties. The mayor may from time to time by executive order, delegate to or withdraw from any member of said office, specified functions, powers and duties, except the mayor's power to act on local laws or resolutions of the council, to act as a magistrate or to appoint or remove officials. Every such order shall be filed with the city clerk who shall forward them forthwith to the City Record for publication.
   g.   The city has the power to determine the duties of its employees, and it is essential to the workings of city government that the city retain control over information obtained by city employees in the course of their duties. In the exercise of this power, the mayor may promulgate rules requiring that information obtained by city employees be kept confidential to the extent necessary to preserve the trust of individuals who have business with city agencies. To the extent set forth in such rules, each agency shall, to the fullest extent permitted by the laws of the United States and the state of New York, maintain the confidentiality of information in its possession relating to the immigration status or other private information that was provided by an individual to a city employee in the course of such employee's duties.
   h.   The mayor shall establish an office of information privacy. Such office may be established within the executive office of the mayor or as a separate office or within any other agency or office headed by a mayoral appointee as the mayor may determine. Such office shall be headed by the city's chief privacy officer, who shall be appointed by the mayor or by the head of such other agency or office. All city agencies shall cooperate with the office so as to ensure the efficient performance of its duties. For the purposes of this subdivision, identifying information has the same meaning as set forth in section 23-1201 of the administrative code. Consistent with the provisions of subdivision g of this section, the chief privacy officer shall have the power and duty to:
      1.   promulgate, after receiving the recommendations of the committee established pursuant to section 23-1204 of the administrative code, policies, and protocols regarding the collection, retention, and disclosure of identifying information by agencies, contractors, and subcontractors, provided that particular policies and protocols may apply to all agencies, contractors, and subcontractors or to a subset thereof;
      2.   provide guidance and information to the city and every agency thereof on federal, state, and local laws, policies, and protocols related to the collection, retention, and disclosure of identifying information and direct agencies to make any changes necessary to achieve or maintain such compliance;
      3.   review, in collaboration with the committee established pursuant to section 23-1204 of the administrative code, agency identifying information reports submitted pursuant to section 23-1205 of the administrative code;
      4.   specify types of information, in addition to identifying information as defined in section 23-1201 of the administrative code, that shall be subject to protection by agencies, as required by such officer, based on the nature of such information and the circumstances of its collection or potential disclosure;
      5.   advise the mayor and senior city officials and provide guidance to city agencies on issues related to privacy, and on strategies, legislative proposals, and city and agency policies and best practices for advancing privacy protections;
      6.   establish citywide privacy policies, standards, and requirements, and modify or expand them as necessary to meet the evolving privacy protection needs of the city and its agencies;
      7.   issue guidance to support agency compliance with privacy laws, policies, and privacy best practice standards and requirements;
      8.   advise agencies on the privacy aspects of suspected and known incidents involving the unauthorized collection, access, acquisition, use, or disclosure of identifying information, working together with the office of cyber command and the department of information technology and telecommunications and other city officials responsible for managing the technical aspects of the city's incident investigation, response, and recovery processes;
      9.   in collaboration with the office of cyber command, department of information technology and telecommunications, the law department, relevant agency counsel, and other city agencies and officials as needed, advise on any necessary actions regarding identifying information in response to such actual and suspected incidents;
      10.   train or cause to be trained city employees and contractors on privacy laws, policies, and best practices;
      11.   advise city agencies on privacy strategies and required or appropriate privacy provisions for data sharing initiatives, and assist in the development of privacy policies and contract terms for data sharing agreements, in coordination with relevant agencies and the law department as appropriate; and
      12.   promulgate rules as necessary to carry out the powers and duties of the office.
(Am. L.L. 2017/245, 12/17/2017, eff. 6/15/2018; Am. L.L. 2022/027, 1/9/2022, eff. 1/9/2022)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2017/245.
Section 9. Removal of mayor.
The mayor may be removed from office by the governor upon charges and after service upon him of a copy of the charges and an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend the mayor for a period not exceeding thirty days.
Section 10. Succession.
   a.   In case of the suspension of the mayor from office, the mayor's temporary inability to discharge the powers and duties of the office of mayor by reason of sickness or otherwise, or the mayor's absence from the city, the powers and duties of the office of mayor shall devolve upon the public advocate or the comptroller in that order of succession until the suspension, inability or absence shall cease. While so acting temporarily as mayor neither the public advocate nor the comptroller shall exercise any power of appointment to or removal from office or any power lawfully delegated by the mayor to a deputy mayor before the commencement of such suspension or inability, or before or after the commencement of such absence; and shall not, until such suspension, inability or absence shall have continued nine days, sign, approve or disapprove any local law or resolution, unless the period during which the mayor can act thereon would expire during said nine days in which case the public advocate or the comptroller shall have the power to disapprove the same within forty-eight hours before the time to act expires.
   b.   In the case of a failure of a person elected as mayor to qualify, or a vacancy in the office caused by the mayor's resignation, removal, death or permanent inability to discharge the powers and duties of the office of mayor, such powers and duties shall devolve upon the public advocate, the comptroller or a person selected pursuant to subdivision c of section twenty-eight, in that order of succession, until a new mayor shall be elected as provided herein. Upon the commencement of the term of the person first elected mayor pursuant to the provisions of subdivision c of this section, the person then acting as mayor pursuant to the provisions of this subdivision, if an elected official, shall complete the term of the office to which such person was elected if any remains.
   c.   1.   Within three days of the occurrence of a vacancy in the office of the mayor, the person acting as mayor shall proclaim the date for the election or elections required by this subdivision, provide notice of such proclamation to the city clerk and the board of elections and publish notice thereof in the City Record. After the proclamation of the date for an election to be held pursuant to paragraphs four or five of this subdivision, the city clerk shall publish notice thereof not less than twice in each week preceding the date of such election in newspapers distributed within the city, and the board of elections shall mail notice of such election to all registered voters within the city.
      2.   If a vacancy occurs during the first three years of the term, a general election to fill the vacancy for the remainder of the unexpired term shall be held in the year in which the vacancy occurs, unless the vacancy occurs after the last day on which an occurring vacancy may be filled at the general election in that same year with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law. If such a vacancy occurs in any year after such last day, it shall be filled for the remainder of the unexpired term at the general election in the following year provided, however, that no general election to fill a vacancy shall be held in the last year of the term, except as provided in paragraph nine of this subdivision. Party nominations of candidates for a general election to fill a vacancy for the remainder of the unexpired term shall be made at a primary election, except as provided in paragraph five of this subdivision.
      3.   If a special or general election to fill the vacancy on an interim basis has not been previously held pursuant to paragraphs four, six, seven and eight of this subdivision, the person elected to fill the vacancy for the remainder of the unexpired term at a general election shall take office immediately upon qualification and shall serve until the term expires. If a special or general election to fill the vacancy on an interim basis has been previously held, the person elected to fill the vacancy for the remainder of the unexpired term at a general election shall take office on January first of the year following such general election and shall serve until the term expires.
      4.   If a vacancy occurs during the first three years of the term and on or before the last day in the third year of the term on which an occurring vacancy may be filled for the remainder of the unexpired term at a general election with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law, a special or general election to fill the vacancy on an interim basis shall be held, unless the vacancy occurs less than ninety days before the next primary election at which party nominations for a general election to fill the vacancy may be made and on or before the last day on which an occurring vacancy may be filled for the remainder of the unexpired term at the general election in the same year in which the vacancy occurs with party nominations of candidates for such election being made at a primary election, as provided in section 6-116 of the election law.
      5.   If a vacancy occurs after the last day in the third year of the term on which an occurring vacancy may be filled for the remainder of the unexpired term at a general election in each year with party nominations of candidates for such election are being made at a primary election, as provided in section 6-116 of the election law, but not less than ninety days before the date of the primary election in the fourth year of such term, a special or general election to fill such vacancy for the remainder of the unexpired term shall be held.
      6.   Elections held pursuant to paragraph four or five of this subdivision shall be scheduled in the following manner: A special election to fill the vacancy shall be held on the first Tuesday at least eighty days after the occurrence of the vacancy, provided that the person acting as mayor, in the proclamation required by paragraph one of this subdivision, may schedule such election for another day not more than ten days after such Tuesday and not less than sixty days after such proclamation if the person acting as mayor determines that such rescheduling is necessary to facilitate maximum voter participation; except that
         (a)   if the vacancy occurs before August seventeenth in any year and the first Tuesday at least eighty days after the occurrence of the vacancy is less than ninety days before a regularly scheduled general election, the vacancy shall be filled at such general election;
         (b)   if the vacancy occurs before August seventeenth in any year and the first Tuesday at least eighty days after the occurrence of the vacancy is after a regularly scheduled general election, the vacancy shall be filled at such general election; and
         (c)   if the vacancy occurs on or after August seventeenth in any year and the first Tuesday at least eighty days after the occurrence of the vacancy is after, but less than thirty days after, a regularly scheduled general election, the vacancy shall be filled at a special election to be held on the first Tuesday in December in such year.
      7.   All nominations for elections to fill vacancies held pursuant to paragraphs four and five of this subdivision shall be by independent nominating petition. A signature on an independent nominating petition made earlier than the date of the proclamation required by paragraph one of this subdivision shall not be counted.
      8.   A person elected to fill a vacancy in the office of the mayor at an election held pursuant to paragraph four of this subdivision shall take office immediately upon qualification and serve until December thirty-first of the year in which the vacancy is filled for the remainder of the unexpired term pursuant to paragraph two of this subdivision. A person elected to fill a vacancy in the office of the mayor at an election held pursuant to paragraph five of this subdivision shall take office immediately upon qualification and serve until the term expires.
      9.   If a vacancy occurs less than ninety days before the date of the primary election in the last year of the term, the person elected at the general election in such year for the next succeeding term shall take office immediately upon qualification and fill the vacancy for the remainder of the unexpired term.
      10.   If an election is held pursuant to this subdivision for which nominations were made by independent nominating petitions, and if such election has not utilized ranked choice voting as provided in section 1057-g, and if at such election, no candidate receives forty percent or more of the vote, the two candidates receiving the most votes shall advance to a runoff election which shall be held on the second Tuesday next succeeding the date on which such election was held.
   d.   Determination of mayoral inability. 
      1.   Voluntary declaration of temporary inability. Whenever the mayor transmits to the official next in line of succession and to the city clerk, a written declaration that he or she is temporarily unable to discharge the powers and duties of the office of mayor, such powers and duties shall devolve upon the official next in line of succession, subject to the provisions of subdivision a of this section. Thereafter if the mayor transmits to the acting mayor and to the city clerk a written declaration that he or she is able to resume the discharge of the powers and duties of the office of mayor, the mayor shall resume the discharge of such powers and duties immediately upon the receipt of such declaration by the city clerk.
      2.   Inability committee. 
         (a)   There shall be a committee on mayoral inability consisting of: the corporation counsel, the comptroller, the speaker of the council, a deputy mayor who shall be designated by the mayor, and the borough president with the longest consecutive service as borough president. If two or more borough presidents have served for an equal length of time, one of such borough presidents shall be selected by lot to be a member of such committee. If at any time there is no valid mayoral designation in force, the deputy mayor with the longest consecutive service as a deputy mayor shall be a member of such committee. The authority to act as a member of such committee shall not be delegable.
         (b)   Such committee by affirmative declaration of no fewer than four of its members shall have the power to make the declarations described in paragraphs four and five of this subdivision. No such declaration shall be effective unless signed by all the members making it.
      3.   Panel on mayoral inability. 
         (a)   There shall be a panel on mayoral inability. Unless otherwise provided by state law, such panel shall consist of all the members of the council.
         (b)   The panel shall have the power to make the determinations described in paragraphs four and five of this subdivision.
      4.   Temporary inability. 
         (a)   Whenever the committee on mayoral inability personally serves or causes to be personally served upon the mayor and transmits to the official next in line of succession, the members of the panel on mayoral inability and the city clerk, its written declaration that the mayor is temporarily unable to discharge the powers and duties of the office of mayor, together with a statement of its reasons for such declaration, such declaration shall constitute a determination of temporary inability unless the mayor, within forty-eight hours after receipt of such declaration, transmits to the official next in line of succession, the members of the committee on mayoral inability, the members of the panel on mayoral inability and the city clerk, a written declaration that he or she is able to discharge the powers and duties of the office of mayor, together with responses to the statement by the committee on mayoral inability of its reasons for its declaration.
         (b)   If personal service of the committee's declaration upon the mayor cannot be accomplished, or if such service has been accomplished but the mayor has not transmitted a declaration that he or she is able to discharge the powers and duties of the office of mayor within forty-eight hours after receipt of such declaration, such powers and duties shall devolve upon the official next in line of succession, subject to the provisions of subdivision a of this section, unless and until the mayor resumes the authority to discharge such powers pursuant to the provisions of subparagraphs (e) or (f) of this paragraph.
         (c)   If within such forty-eight hours, the mayor transmits a declaration that he or she is able to discharge the powers and duties of the office of mayor, such powers and duties shall not devolve upon the official next in line of succession and the mayor shall continue to discharge the powers and duties of the office of mayor, unless and until the panel on mayoral inability, within twenty-one days after its receipt of the mayor's declaration, determines by two-thirds vote of all its members that the mayor is temporarily unable to discharge the powers and duties of the office of mayor. If the panel determines that the mayor is unable to discharge the powers and duties of the office of mayor, such powers and duties shall devolve upon the official next in line of succession, subject to the provisions of subdivision a of this section, unless and until the mayor resumes the authority to discharge such powers and duties pursuant to the provisions of subparagraphs (e) or (f) of this paragraph.
         (d)   If, at any time prior to a final determination by the panel pursuant to subparagraph (c) of this paragraph the mayor transmits a voluntary declaration of temporary inability pursuant to the provisions of paragraph one of this subdivision, to the official next in line of succession, the members of the committee on mayoral inability, the members of the panel on mayoral inability, and the city clerk, then the procedures set forth in paragraph one of this subdivision shall be followed.
         (e)   If a determination of temporary inability has been made pursuant to the provisions of subparagraphs (a) or (c) of this paragraph, and if thereafter, the mayor transmits to the acting mayor, the members of the committee on mayoral inability, the members of the panel on mayoral inability and the city clerk, a written declaration that he or she is able to resume the discharge of the powers and duties of the office of mayor, then the mayor shall resume the discharge of such powers and duties four days after the receipt of such declaration by the city clerk, unless the committee on mayoral inability, within such four days, personally serves or causes to be personally served upon the mayor and transmits to the acting mayor, the members of the panel on mayoral inability and the city clerk, its written declaration that the mayor remains unable to discharge the powers and duties of the office of mayor.
         (f)   If the committee transmits a declaration that the mayor remains unable to discharge the powers and duties of the office of mayor, the mayor shall not resume the discharge of the powers and duties of the office of mayor unless and until the panel on mayoral inability, within twenty-one days of its receipt of such declaration, determines by two-thirds vote of all its members that the inability has in fact ceased. Upon such a determination by the panel, or after the expiration of twenty-one days, if the panel has not acted, the mayor shall resume the discharge of the powers and duties of the office of mayor.
      5.   Permanent inability. 
         (a)   Whenever the committee on mayoral inability personally serves or causes to be personally served upon the mayor and transmits to the official next in line of succession, the members of the panel on mayoral inability and the city clerk, its declaration that the mayor is permanently unable to discharge the powers and duties of the office of mayor, together with its reasons for such declaration, the panel on mayoral inability shall, within twenty-one days after its receipt of such declaration, determine whether or not the mayor is permanently unable to discharge the powers and duties of the office of mayor.
         (b)   If the panel determines by two-thirds vote of all its members that the mayor is permanently unable to discharge the powers and duties of the office of mayor, such powers and duties shall devolve upon the official next in line of succession as acting mayor pursuant to subdivision b of this section, and the office of mayor shall be deemed vacant.
      6.   Continuation of salary; disability allowance. 
         (a)   During the time that any official is acting as mayor pursuant to a determination of temporary inability, the mayor shall continue to be paid the salary of the office of mayor, and the acting mayor shall continue to be paid the salary of the office to which such person was elected.
         (b)   Any mayor who has been determined to be permanently unable to discharge the powers and duties of the office of mayor pursuant to paragraph five of this subdivision shall continue to receive from the city, a sum which together with the mayor's disability benefits and retirement allowance, if any, computed without optional modification, shall equal the annual salary which such mayor was receiving at the time of the determination of permanent inability. Such disability allowance shall begin to accrue on the date of the determination of permanent inability and shall be payable on the first day of each month until the expiration of the term for which such mayor had been elected or such mayor's death, whichever shall occur first. Such mayor shall apply for any retirement allowance or disability benefits to which he or she may be entitled and the disability allowance provided for in this section shall not reduce or suspend such retirement allowance or disability benefits, notwithstanding any other provision of law.
(Am. L.L. 2019/215, 12/11/2019, eff. 12/11/2019)
Section 11. Reorganization of agencies under jurisdiction of mayor.
   a.   The agencies existing on the effective date of this section are continued except as otherwise provided in the charter or as otherwise provided by state or local law enacted since that date or by any actions taken by the mayor pursuant to this section since that date. To achieve effective and efficient functioning and management of city government, the mayor may organize or reorganize any agency under his jurisdiction, including the authority to transfer functions from one agency to another; create new agencies; eliminate existing agencies; and consolidate or merge agencies. Any action by the mayor pursuant to this subdivision shall be termed a "reorganization plan" and shall be published in the City Record.
   b.   In preparing reorganization plans, the mayor shall eliminate, as appropriate, agencies or functions which duplicate or overlap similar agencies of, or functions performed by, other agencies of city, state or local government.
   c.   If any proposed reorganization plan involves a change of a provision of this charter, except as provided pursuant to subdivision f of this section, or local law now in effect, or otherwise involves reorganization of an agency created pursuant to a resolution of the board of estimate or executive order of the mayor, a copy of the reorganization plan first shall be submitted to the council. Within a period of ninety days from the date of receipt, the council may adopt a resolution that approves or disapproves the reorganization plan. In the event the council takes no action within the ninety-day period, the reorganization plan shall be deemed approved as if the council had taken affirmative action, and is then effective.
   d.   The text of a reorganization plan approved pursuant to subdivision c of this section shall appear as a part of the administrative code.
   e.   The mayor may withdraw or modify a reorganization plan submitted to the council before any final action by the council with respect to it.
   f.   The authority of the mayor pursuant to this section shall not apply (1) to any matter which would otherwise require the submission of a local law for the approval of the electors pursuant to section thirty-seven, or (2) to any board or commission established pursuant to a provision of this charter.
Section 11-a. Designation of administering offices or agencies.
Any designation by the mayor of one or more offices or agencies to administer or enforce any provision of the charter or administrative code made pursuant to a law that requires or authorizes the mayor to make such a designation, and any change to any such designation, shall be made in writing. Within 10 days of such designation or change, a copy of such writing shall be published on the city's website and on the website of any office or agency that is the subject of such designation or change, and shall be electronically submitted to the speaker of the council.
(L.L. 2020/083, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2020/083.
Section 12. Mayor's management report.
   a.   Not later than January thirtieth in each year the mayor shall make public and submit to the council a preliminary management report of the city and not later than September seventeenth in each year the mayor shall make public and submit to the council a management report.
   b.   The preliminary management report shall contain for each city agency
      (1)   a statement of actual performance for the first four months of the current fiscal year relative to the program performance goals and measures established for such year;
      (2)   proposed program performance goals and measures for the next fiscal year reflecting budgetary decisions made as of the date of submission of the preliminary budget;
      (3)   an explanation in narrative and/or tabular form of significant changes in the program performance goals and measures from the adopted budget condition to the current budget as modified and from said modified budget to the preliminary budget statements; and
      (4)   an appendix indicating the relationship between the program performance goals and measures included in the management report pursuant to paragraph two of this subdivision and the corresponding appropriations contained in the preliminary budget.
   c.   The management report shall include a review of the implementation of the statement of needs as required by subdivision h of section two hundred four and shall contain for each agency
      (1)   program performance goals for the current fiscal year and a statement and explanation of performance measures;
      (2)   a statement of actual performance for the entire previous fiscal year relative to program performance goals;
      (3)   a statement of the status of the agency's internal control environment and systems, including a summary of any actions taken during the previous fiscal year, and any actions being taken during the current fiscal year to strengthen the agency's internal control environment and system;
      (4)   a summary of rulemaking actions undertaken by the agency during the past fiscal year including
         (a)   the number of rulemaking actions taken,
         (b)   the number of such actions which were not noticed in the regulatory agenda prepared for such fiscal year, including a summary of the reasons such rules were not included in such regulatory agenda, and
         (c)   the number of such actions which were adopted under the emergency rulemaking procedures;
      (5)   a summary of the procurement actions taken during the previous fiscal year, including: (i) for each of the procurement methods specified in section three hundred twelve, the number and dollar value of the procurement contracts entered into during such fiscal year; and (ii) for all procurement contracts entered into pursuant to a procurement method other than that specified in paragraph one of subdivision a of section three hundred twelve, the number and dollar value of such procurement contracts by each of the reasons specified in paragraph one of subdivision b of section three hundred twelve; and
      (6)   an appendix indicating the relationship between the program performance goals included in the management report pursuant to paragraph two of this subdivision and the corresponding expenditures made pursuant to the adopted budget for the previous fiscal year.
   d.   For agencies with local service districts or programs within community districts and boroughs, the mayor's preliminary management report and management report insofar as practicable shall include schedules of agency service goals, performance measures and actual performance relative to goals for each such local service district or program.
   e.   Prior to April eighth in each year the council shall conduct public hearings on the preliminary management report and on the proposed program and performance goals and measures of city agencies contained in such report. The council shall submit to the mayor and make public not later than April eighth a report or reports of findings and recommendations.
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