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Appointment by the mayor of the commissioner of investigation and the corporation counsel, and of the members of the art commission, board of health (other than the chair), board of standards and appeals, city planning commission (other than the chair), civil service commission, landmarks preservation commission, tax commission, taxi and limousine commission and the public members of the environmental control board shall be made with the advice and consent of the council after a public hearing. Within 30 days after the first stated meeting of the council after receipt of a nomination, the council shall hold a hearing and act upon such nomination and in the event it does not act within such period, the nomination shall be deemed to be confirmed.
(Am. L.L. 2016/096, 8/31/2016, eff. 12/29/2016; Am. L.L. 2019/215, 12/11/2019, eff. 12/11/2019)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2016/096.
a. No public hearing on a proposed local law shall be held by a council committee, and no proposed local law shall be voted on by the council, unless: (i) the council committee, the council, or the speaker has provided no fewer than 8 days’ notice of such hearing or the council’s intent to vote on such proposed local law, as applicable, to the director of management and budget, provided that such notice shall not be required if the mayor shall have certified as to the necessity for the immediate passage of such local law; and (ii) such proposed local law is accompanied by a fiscal impact statement containing the information set forth in subdivision c of this section.
b. No proposed budget modification shall be voted on by a council committee or the council unless such budget modification is accompanied by a fiscal impact statement containing the information set forth in subdivision c of this section.
c. A fiscal impact statement required by subdivision a of this section shall contain estimates from the council and the office of management and budget, provided, however, that an estimate from the office of management and budget shall not be required where such office has not provided such estimate to the council at least 3 days before a hearing or vote subject to such subdivision a. A fiscal impact statement required by subdivision b of this section need only contain an estimate from the council. Each such estimate in a fiscal impact statement shall: indicate the fiscal year in which the proposed law or modification would first become effective and the first fiscal year in which the full fiscal impact of the law or modification is expected to occur; and contain an estimate of the fiscal impact of the law or modification on the revenues and expenditures of the city during the fiscal year in which the law or modification is to first become effective, during the succeeding fiscal year, and during the first fiscal year in which the full fiscal impact of the law or modification is expected to occur.
d. All agency heads shall promptly provide to any council committee any information that it requests to assist it in preparing a fiscal impact statement.
e. Each estimate contained in a fiscal impact statement shall identify the sources of information used in its preparation.
f. If the estimate contained in a fiscal impact statement is inaccurate, such inaccuracy shall not affect, impair, or invalidate the local law or budget modification.
(Am. L.L. 2024/117, 12/3/2024, eff. 12/3/2024)
a. No proposed local law relating to the public safety operations of the police department, the fire department, or the department of correction shall be voted on by the council unless the council has provided to the public, the mayor and the commissioner of each such department written notice of the council’s intent to vote on the proposed local law no sooner than thirty days following such notice. During the period between the provision of notice and a vote on the proposed local law, the mayor or any such commissioner may hold one or more public hearings to solicit additional public comment on such proposed local law, provided, however, that nothing in this section shall limit the authority of the mayor or any commissioner to hold public hearings at other times.
b. The speaker may perform functions assigned to the council pursuant to subdivision a of this section.
c. The requirements of subdivision a shall not prevent the council or a council committee from amending the proposed local law prior to voting on it, and such amendments shall not require additional notices as long as the notice required by subdivision a has been provided.
d. The mayor may waive in writing any requirement imposed by this section.
(L.L. 2024/117, 12/3/2024, eff. 12/3/2024)
a. On the final passage of a local law or resolution the question shall be taken by ayes and noes, which shall be entered in the journal of proceedings. No such vote may be cast except by a council member who is present and who casts his or her own vote in the manner prescribed by the rules of the council.
b. All committee votes on proposed local laws or resolutions shall be taken by ayes and noes, which shall be entered in a committee report a copy of which shall be filed with the clerk or other official specified by the council rules for this purpose and which shall be available for public inspection. No such vote may be cast except by a member of the committee who is present at the meeting at which the vote is taken.
No local law shall be passed until it shall have been in its final form and upon the desks of the council members at least seven calendar days, exclusive of Sundays, prior to its final passage, unless the mayor shall have certified as to the necessity for its immediate passage and such local law be passed by the affirmative vote of two-thirds of all the council members.
For purposes of this section, a local law shall be deemed to be upon the desks of the council members if: it is set forth in a legible electronic format by electronic means, and it is available for review in such format at the desks of the members. For purposes of this section "electronic means" means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions and which: allows the recipient to reproduce the information transmitted in a tangible medium of expression; and does not permit additions, deletions or other changes to be made without leaving an adequate record thereof.
a. Every local law certified by the clerk of the council, after its passage by the council, shall be presented to the mayor for approval.
b. If the mayor approves the local law, the mayor shall sign it and return it to the clerk; it shall then be deemed to have been adopted. If the mayor disapproves it, he or she shall return it to the clerk with his or her objections stated in writing and the clerk shall present the same with such objections to the council at its next regular meeting and such objections shall be entered in its journal. The council within thirty days thereafter may reconsider the same. If after such reconsideration the votes of two-thirds of all the council members be cast in favor of repassing such local law, it shall be deemed adopted, notwithstanding the objections of the mayor. Only one vote shall be had upon such reconsideration. The vote shall be taken by ayes and noes, which shall be entered in the journal. If within thirty days after the local law shall have been presented to him or her, the mayor shall neither approve nor return the local law to the clerk with his or her objections, it shall be deemed to have been adopted in like manner as if the mayor had signed it. At any time prior to the return of a local law by the mayor, the council may recall the same and reconsider its action thereon.
A local law shall be submitted for the approval of the electors at the next general election held not less than sixty days after the adoption thereof, and shall become operative as prescribed therein only when approved at such election by the affirmative vote of a majority of the qualified electors of the city voting upon the proposition, if it:
1. Abolishes or changes the form or composition of the council or increases or decreases the number of votes any member is entitled to cast or reduces the number of districts from which council members shall be elected.
2. Changes the veto power of the mayor.
3. Changes the law of succession to the mayoralty.
4. Abolishes an elective office, or changes the method of nominating, electing or removing an elective officer, or changes the term of an elective officer, or reduces the salary of an elective officer during his or her term of office.
5. Abolishes, transfers or curtails any power of an elective officer.
6. Creates a new elective office.
7. Changes a provision of law relating to public utility franchises.
8. Changes a provision of law relating to the membership or terms of office of the city civil service commission.
9. Reduces the salary or compensation of a city officer or employee or increases the hours of employment or changes the working conditions of such officer or employee if such salary, compensation, hours or conditions have been fixed by a state statute and approved by the vote of the qualified electors of the city; and no provision effecting such reductions, increases or changes contained in any local law or proposed new charter shall become effective unless the definite question with respect to such reductions, increases or changes shall be separately submitted and approved by the affirmative vote of a majority of the qualified electors voting thereon.
10. Provides a new charter for the city.
11. Transfers powers vested by this charter in an agency the head of which is appointed by the mayor to an agency the head of which is not so appointed or vice versa, other than transfers of power authorized by this charter from an agency the head of which is appointed by the mayor to a community board, borough president or a borough board.
12. Dispenses with a provision of this charter requiring a public notice and hearing as a condition precedent to official action.
13. Dispenses with a requirement of this charter for public bidding or for public letting of contracts except as otherwise provided pursuant to chapter thirteen of this charter.
14. Changes a provision of this charter governing the classes or character of city bonds or other obligations, the purposes for which or the amount in which any class of obligations may be issued.
15. Removes restrictions in this charter on the sale, lease or other disposition of city property.
16. Curtails the powers of the city planning commission, or changes the vote in the council required to take action without or contrary to the recommendation of the city planning commission.
17. Repeals or amends this section or any of the following sections of this charter; sections forty, one hundred ninety-one, one hundred ninety-two, one hundred ninety-three, one hundred ninety-nine, two hundred, two hundred seventeen, eleven hundred ten, eleven hundred eleven, eleven hundred fifteen, eleven hundred sixteen, eleven hundred seventeen, eleven hundred eighteen, and eleven hundred twenty-three.
18. Repeals or amends sections twenty-six hundred one, twenty-six hundred four, twenty-six hundred five, and twenty-six hundred six insofar as they relate to elected officials and section twenty-six hundred two.
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