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a. The city recognizes that a large percentage of its inhabitants were born abroad or are the children of parents who were born abroad and that the well-being and safety of the city is put in jeopardy if the people of the city do not seek medical treatment for illnesses that may be contagious, do not cooperate with the police when they witness a crime or do not avail themselves of city services to educate themselves and their children. It is therefore desirable that the city promote the utilization of city services by all its residents, including foreign-born inhabitants, speakers of foreign languages and undocumented immigrants.
b. In furtherance of the policies stated in subdivision a of this section, there shall be established in the executive office of the mayor an office of immigrant affairs. The office shall be headed by a director, who shall be appointed by the mayor. The director of the office of immigrant affairs shall have the power and the duty to:
1. advise and assist the mayor and the council in developing and implementing policies designed to assist immigrants and speakers of languages other than English in the city, in consultation with the office of the language services coordinator with respect to language accessibility;
2. enhance the accessibility of city programs, benefits, and services to immigrants and speakers of languages other than English by establishing outreach programs in conjunction with other city agencies and the council to inform and educate immigrants and speakers of languages other than English of relevant city programs, benefits, and services;
3. perform policy analysis and make recommendations concerning immigrant affairs; and
4. perform such other duties and functions as may be appropriate to pursue the policies set forth in this section.
c. Any service provided by a city agency shall be made available to all immigrants who are otherwise eligible for such service to the same extent such service is made available to citizens unless such agency is required by law to deny eligibility for such service.
d. The director, or such other office or agency as the mayor may designate, shall have the power and the duty to:
1. conduct research and advise the mayor and council on challenges faced by immigrants and speakers of languages other than English, including, but not limited to, obstacles to accessing city programs, benefits, and services, and on socioeconomic trends related to such persons;
2. establish a state and federal affairs unit within the office to monitor and conduct analysis on state and federal laws, policies, enforcement tactics, and case law regarding issues relating to and impacting immigrant affairs, including potential strategies for addressing such developments;
3. consult with relevant agencies on implementation of sections of the charter and the administrative code that are relevant to immigrants;
4. consult with and provide information and advice to the office of civil justice and relevant city agencies in determining and responding to the legal service needs of immigrants and the availability of free and low-cost civil legal services to meet such needs, in accordance with section 13-b;
5. participate in interagency efforts, as appropriate, relating to the handling of confidential information about individuals held by city agencies and those contracting with city agencies;
6. solicit community and stakeholder input regarding the activities of the office, including but not limited to the office's consultations with relevant agencies on implementation of sections of the charter and the administrative code that are relevant to immigrants; and
7. consult with and provide information and advice to relevant city agencies, in coordination, as appropriate, with the office to end domestic and gender-based violence, the office of criminal justice, and other agencies or offices as the mayor may designate, on addressing the unique needs of immigrant crime victims and witnesses, including agency standards and protocols for issuing law enforcement certifications required in order to apply for nonimmigrant status under subparagraphs (T) and (U) of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States code, or successor statutes.
e. All city agencies shall cooperate with the office and provide information and assistance as requested; provided, however, no information that is otherwise required to be provided pursuant to this section shall be disclosed in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement.
f. No later than March 15, 2018, and each March 15 thereafter, the office shall provide to the speaker of the council and post on the office's website a report regarding the city's immigrant population and the activities of the office during the previous calendar year, including, but not limited to the following information, where such information is available:
1. the size and composition of such population, including, but not limited to demographic information, socio-economic markers, and estimates of the immigration status held by members of such population, if any;
2. information regarding the needs of such population including, but not limited to, social services, legal services, housing, public benefits, education, and workforce development needs;
3. information regarding barriers faced by such population in accessing such services, and recommendations on how the city could address such barriers;
4. information and metrics relating to each programmatic initiative of the office, including initiatives that are conducted in partnership with other offices or agencies, including but not limited to:
(a) total program capacity, disaggregated by service type;
(b) number of intakes or program eligibility screenings conducted;
(c) number of individuals served, disaggregated by service type;
(d) number of matters handled, and aggregate data on the outcomes achieved, disaggregated by service type; and
(e) with respect to legal services initiatives, number of cases accepted for legal advice and full representation, as well as the number of cases referred to other legal services providers, disaggregated by service and case type, and aggregate data on the outcomes achieved in cases accepted for full representation during the reporting window.
5. for relevant agencies, information regarding requests for law enforcement certifications required in order to apply for nonimmigrant status under subparagraphs (T) and (U) of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States code, or successor statutes, including, but not limited to, number of requests for certification received, request processing times, number of certifications issued, number of certification requests denied and information as to why, and number of request appeals and outcomes, disaggregated by agency;
6. the efforts of the office to monitor agency efficacy in conducting outreach and serving the immigrant population, including the efforts of the task force established pursuant to subdivision g of this section; and
7. the efforts of the director, or such other office or agency as designated by the mayor, in fulfilling the duties set forth in subdivision d of this section.
g. 1. There is hereby established an interagency task force on immigrant affairs to ensure interagency communication and coordination on issues relating to and impacting immigrant affairs. Such task force shall:
(i) review and make recommendations to relevant agencies on implementation of sections of the charter and the administrative code that are relevant to immigrants;
(ii) review legal and policy developments presented by the state and federal affairs unit in the office and their potential impact on city agencies;
(iii) review and make recommendations to address obstacles to accessing city programs, benefits, and services;
(iv) review and make recommendations to address the unique needs of particularly vulnerable immigrant populations, including, but not limited to, victims of crime, domestic violence, and human trafficking; individuals who are lesbian, gay, bisexual, transgender, queer, or intersex; individuals involved in the criminal justice system; and minors;
(v) review the solicitation and consideration of community and stakeholder input received by the office pursuant to paragraph 6 of subdivision d of this section; and
(vi) perform such other functions as may be appropriate in furtherance of the policies set forth in this chapter.
2. Such task force shall be led by the director, or by the head of such other officer or agency as the mayor may designate, and shall include at a minimum:
(a) the commissioners of the following agencies or offices or such commissioners' designees:
(1) the administration for children's services;
(2) department of social services;
(3) department of homeless services;
(4) department of health and mental hygiene;
(5) department of youth and community development;
(6) department for the aging;
(7) police department;
(8) department of correction; and
(9) department of probation;
(b) the chancellor of the city school district, or their designee;
(c) the coordinator of the office of civil justice, or their designee; and
(d) representatives of other such agencies or offices as the mayor may designate.
3. Such task force shall meet regularly in furtherance of its functions and at any other time at the request of the director or other designated task force leader.
(Am. L.L. 2017/030, 3/18/2017, eff. 7/1/2017; Am. L.L. 2017/185, 10/8/2017, eff. 12/7/2017; Am. L.L. 2017/186, 10/8/2017, eff. 12/7/2017; Am. L.L. 2019/038, 2/24/2019, eff. 2/24/2019)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2017/030.
a. The city of New York recognizes that domestic violence is a public health issue that threatens hundreds of thousands of households each year and that respects no boundaries of race, ethnicity, age, gender, sexual orientation or economic status. The city of New York further recognizes that the problems posed by domestic violence fall within the jurisdiction and programs of various City agencies and that the development of an integrated approach to the problem of domestic violence, which coordinates existing services and systems, is critical to the success of the city of New York's efforts in this area.
b. There shall be, in the executive office of the mayor, an office to end domestic and gender-based violence. The office shall be headed by a director, who shall be appointed by the mayor.
c. The director of the office to end domestic and gender-based violence shall have the power and duty to:
1. coordinate domestic violence services;
2. formulate policies and programs relating to all aspects of services and protocols for victims of domestic violence;
3. develop methods to improve the coordination of systems and services for domestic violence;
4. develop and maintain mechanisms to improve the response of city agencies to domestic violence situations and improve coordination among such agencies; and
5. implement public education campaigns to heighten awareness of domestic violence and its effects on society and perform such other functions as may be appropriate regarding the problems posed by domestic violence.
d. 1. For purposes of this subdivision, the following terms shall have the following meanings:
(i) "Agency" shall mean a city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.
(ii) "Domestic violence fatality" shall mean a death of a family or household member, resulting from an act or acts of violence committed by another family or household member, not including acts of self-defense.
(iii) "Family or household member" shall mean the following individuals:
(a) persons related by consanguinity or affinity;
(b) persons legally married to one another;
(c) persons formerly married to one another regardless of whether they still reside in the same household;
(d) persons who have a child in common regardless of whether such persons have been married or have lived together at any time;
(e) persons not legally married, but currently living together in a family-type relationship; and
(f) persons not legally married, but who have formerly lived together in a family-type relationship.
Such term, as described in (e) and (f) of this subparagraph, therefore includes "common law" marriages, same sex couples, registered domestic partners, different generations of the same family, siblings and in-laws.
(iv) "Perpetrator" shall mean a family or household member who committed an act or acts of violence resulting in a domestic violence fatality.
(v) "Victim" shall mean a family or household member whose death constitutes a domestic violence fatality.
2. There shall be a domestic violence fatality review committee to examine aggregate information relating to domestic violence fatalities in the city of New York. Such committee shall develop recommendations for the consideration of the director of the office to end domestic and gender-based violence regarding the coordination and improvement of services for victims of domestic violence provided by agencies and private, including non-profit, organizations that provide such services pursuant to a contract with an agency. The committee shall consist of the director of the office to end domestic and gender-based violence, or their designee, the commissioner of the police department, or their designee, the commissioner of the department of health and mental hygiene, or their designee, the commissioner of the department of social services/human resources administration, or their designee, the commissioner of the department of homeless services, or their designee and the commissioner of the administration for children's services, or their designee. The committee shall also consist of two representatives of programs that provide social or legal services to victims of domestic violence, including at least one program that serves immigrant victims; two representatives of sexual assault service providers; two representatives of human trafficking service providers; and two survivors of domestic violence. The director of the office to end domestic and gender-based violence, or their designee, shall serve as chairperson of the committee. At the discretion of the director of the office to end domestic and gender-based violence, the committee may also include representatives of any of the offices of the district attorney of any of the five boroughs and/or a representative of the New York city housing authority. Each member of the committee other than any member serving in an ex officio capacity shall be appointed by the mayor. The director of the office to end domestic and gender-based violence may also invite representatives from other relevant agencies to participate in the committee's work, if the director determines they are necessary to accomplish the goals of the committee.
(i) The service of each member other than a member serving in an ex officio capacity shall be for a term of two years to commence ninety days after the effective date of the local law that added this subdivision. Any vacancy occurring other than by expiration of term shall be filled by the mayor in the same manner as the original position was filled. A person filling such a vacancy shall serve for a term of two years. New terms shall begin on the next day after the expiration date of the preceding term.
(ii) Members of the committee shall serve without compensation.
(iii) No person shall be ineligible for membership on the committee because such person holds any other public office, employment or trust, nor shall any person be made ineligible to or forfeit such person's right to any public office, employment or trust by reason of such appointment.
(iv) The committee shall meet at least four times a year.
3. The committee's work shall include, but not be limited to, reviewing statistical data relating to domestic violence fatalities; analyzing aggregate information relating to domestic violence fatalities, including, non-identifying data with respect to victims and perpetrators involved in domestic violence fatalities, such as gender, age, race and familial or other relationship involved, and, if available, religion, ethnicity and employment status; examining any factors indicating a high-risk of involvement in domestic violence fatalities; and developing recommendations for the director of the mayor's office to end domestic and gender-based violence regarding the coordination and improvement of services for victims of domestic violence provided by agencies and private, including non-profit, organizations that provide such services pursuant to a contract with an agency.
4. The committee may request and receive information from any agency as may be necessary to carry out the provisions of this subdivision, in accordance with applicable laws, rules and regulations, including, but not limited to, the exceptions to disclosure of agency records contained in the public officers law. Nothing in this subdivision shall be construed as limiting any right or obligation of agencies pursuant to the public officers law, including the exceptions to disclosure of agency records contained in such law, with respect to access to or disclosure of records or portions thereof. The committee may also request from any private organization providing services to domestic violence victims pursuant to a contract with an agency information necessary to carry out the provisions of this subdivision. To the extent provided by law, the committee shall protect the privacy of all individuals involved in any domestic violence fatality that the committee may receive information on in carrying out the provisions of this subdivision.
5. The committee shall submit to the mayor and to the speaker of the city council, on an annual basis, a report including, but not limited to, the number of domestic violence fatality cases which occurred in the city of New York during the previous year; the number of domestic violence fatality cases reviewed by the committee during the previous year, if any; any non-identifying data with respect to victims and perpetrators involved in domestic violence fatalities, such as gender, age, race and familial or other relationship involved, and, if available, religion, ethnicity and employment status; any factors indicating a high risk of involvement in domestic violence fatalities; and recommendations regarding the coordination and improvement of services for victims of domestic violence provided by agencies and private, including non-profit, organizations that provide such services pursuant to a contract with an agency.
6. The director of the office to end domestic and gender-based violence, or the director's designee, shall establish a mechanism to review certain individual case-level data on gender-based and domestic violence fatalities, identified after due consideration of the goals of the fatality review committee and to the extent such data is available. The director shall establish and chair a fatality advisory committee to conduct or assist in such review, and may further prescribe, through interagency agreements or otherwise, appropriate confidentiality and privacy protocols, consistent with applicable law, to be followed in conducting such review. The director of the office to end domestic and gender-based violence may invite representatives from relevant agencies to participate in the committee's work, if the director determines they are necessary to accomplish the goals of the committee.
(Am. L.L. 2019/038, 2/24/2019, eff. 2/24/2019; Am. L.L. 2022/049, 1/15/2022, eff. 4/15/2022)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2005/061.
a. The mayor shall establish an office of long-term planning and sustainability. Such office may, but need not, be established in the executive office of the mayor and may be established as a separate office or within any other office of the mayor or within any department the head of which is appointed by the mayor. Such office shall be headed by a director who shall be appointed by the mayor or by the head of such department. For the purposes of this section only, "director" shall mean the director of long-term planning and sustainability.
b. Powers and duties. The director shall have the power and the duty to:
1. develop and coordinate the implementation of policies, programs and actions to meet the long-term needs of the city, with respect to its infrastructure, environment and overall sustainability citywide, including but not limited to the categories of housing, open space, trees and the tree canopy, brownfields, transportation, water quality and infrastructure, air quality, energy, and climate change; the resiliency of critical infrastructure, the built environment, coastal protection and communities; and regarding city agencies, businesses, institutions and the public;
2. develop measurable sustainability indicators, which shall be used to assess the city's progress in achieving sustainability citywide;
3. take actions to increase public awareness and education regarding sustainability and sustainable practices; and
4. appoint a deputy director who shall be responsible for matters relating to resiliency of critical infrastructure, the built environment, coastal protection and communities and who shall report to the director.
c. Sustainability indicators. No later than December thirty-first, two thousand eight and annually thereafter, the director shall identify a set of indicators to assess and track the overall sustainability of the city with respect to the categories established pursuant to paragraph one of subdivision b of this section and any additional categories established by the director, and prepare and make public a report on the city's performance with respect to those indicators. Such report may be prepared and presented in conjunction with the mayor's management report required pursuant to section twelve of this chapter. The report shall include, at a minimum:
1. the city's progress in achieving sustainability citywide, which shall be based in part on the sustainability indicators developed pursuant to paragraph two of subdivision b of this section; and
2. any new or revised indicators that the director has identified and used or will identify and use to assess the city's progress in achieving sustainability citywide, including, where an indicator has been or will be revised or deleted, the reason for such revision or deletion.
d. Population projections. No later than April twenty-second, two thousand ten, and every four years thereafter, the department of city planning shall release or approve and make public a population projection for the city that covers a period of at least twenty-one years, with intermediate projections at no less than ten year intervals. Where feasible, such projections shall include geographic and demographic indicators.
e. Long-term sustainability plan.
1. The director shall develop and coordinate the implementation of a comprehensive, long-term sustainability plan for the city. Such plan shall include, at a minimum:
i. an identification and analysis of long-term planning and sustainability issues associated with, but not limited to, housing, open space, brownfields, transportation, water quality and infrastructure, air quality, energy, and climate change; and
ii. goals associated with each category established pursuant to paragraph one of subdivision b of this section and any additional categories established by the director, and a list of policies, programs and actions that the city will seek to implement or undertake to achieve each goal by no later than April twenty-second, two thousand thirty.
2. No later than April twenty-second, two thousand eleven, and no later than every four years thereafter, the director shall develop and submit to the mayor and the speaker of the city council an updated long-term sustainability plan, setting forth goals associated with each category established pursuant to paragraph one of subdivision b of this section and any additional categories established by the director, and a list of policies, programs and actions that the city will seek to implement or undertake to achieve each goal by no later than twenty years from the date each such updated long-term sustainability plan is submitted. No later than two thousand fifteen, and no later than every four years thereafter, the plan shall also include a list of policies, programs and actions that the city will seek to implement or undertake to achieve each goal relating to the resiliency of critical infrastructure, the built environment, coastal protection and communities. Such updated plan shall take into account the population projections required pursuant to subdivision d of this section. An updated plan shall include, for each four-year period beginning on the date an updated plan is submitted to the mayor and the speaker of the city council, implementation milestones for each policy, program and action contained in such plan. An updated plan shall report on the status of the milestones contained in the immediately preceding updated plan. Where any categories, goals, policies, programs or actions have been revised in, added to or deleted from an updated plan, or where any milestone has been revised in or deleted from an updated plan, the plan shall include the reason for such addition, revision or deletion. The director shall seek public input regarding an updated plan and its implementation before developing and submitting such plan pursuant to this paragraph. The director shall coordinate the implementation of an updated long-term sustainability plan.
f. Review and reporting.
1. No later than April twenty-second, two thousand nine, and no later than every April twenty-second thereafter, the director shall prepare and submit to the mayor and the speaker of the city council a report on the city's long-term planning and sustainability efforts. In those years when an updated long-term sustainability plan is submitted pursuant to paragraph two of subdivision e of this section, such report may be incorporated into the updated long-term sustainability plan. The report shall include, at a minimum:
i. the city's progress made to implement or undertake policies, programs and actions included in the sustainability plan or updated sustainability plan required by subdivision e of this section, since the submission of the most recent plan or updated plan or report required by this paragraph; and
ii. any revisions to policies, programs or actions in the previous long-term sustainability plan, including the reason for such revision.
g. There shall be a sustainability advisory board whose members, including, at a minimum, representatives from environmental, environmental justice, planning, architecture, engineering, coastal protection, construction, critical infrastructure, labor, business and academic sectors, shall be appointed by the mayor. The advisory board shall also include the speaker of the city council or a designee and the chairperson of the council committee on environmental protection or a designee. The advisory board shall meet, at a minimum, twice per year and shall provide advice and recommendations to the director regarding the provisions of this section.
h. The director shall post on the city's website, a copy of each sustainability plan required by subdivision e of this section, and all reports prepared pursuant to this section, within ten days of their completion.
i. Interagency green team.
1. There is hereby established within the office an interagency green team under the management of the director or the director's designee to facilitate the use of innovative technologies, design and construction techniques, materials or products that may have significant environmental and sustainability benefits and to assist innovative projects in addressing city agency regulatory requirements.
2. The interagency green team shall include as members the commissioners of buildings, environmental protection, transportation, design and construction, health and mental hygiene and the chairperson of the city planning commission, or their respective designees, and such other members as the director shall designate. The director shall also designate members from among the fire commissioner and the commissioners of parks and recreation, consumer and worker protection, emergency management, housing preservation and development, sanitation, and the chairperson of the landmarks preservation commission, or their respective designees, with respect to specific matters being considered by the interagency green team where the director determines it appropriate to do so.
j. The director or the director's designee, in consultation with the commissioner of the department of health and mental hygiene, the commissioner of the department of social services/human resources administration, or their respective designees, and community based organizations and service providers with relevant expertise and such other individuals as the director shall designate, shall establish a set of indicators to measure food security. Such indicators shall include but need not be limited to an analysis of existing federal data on food security and the use and impact of governmental nutrition assistance programs. The director, or the director's designee, shall prepare and present a report on such indicators to be included in the annual city food system metrics report required pursuant to section 3-120 of the code.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2023/135, 10/23/2023, eff. 10/23/2023)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2008/017, L.L. 2010/005 and L.L. 2020/080.
a. For the purposes of this section, the term "director" means the director of the office of urban agriculture.
b. The mayor shall establish an office of urban agriculture within the office of long-term planning and sustainability. Such office shall be headed by a director who shall be appointed by the mayor and shall additionally employ at least one staff member.
c. Powers and duties. The director shall have the power and the duty to:
1. Conduct education and outreach to promote urban agriculture and inform the public about urban agriculture, its benefits and ways to participate;
2. Receive comments and respond to inquiries related to urban agriculture;
3. Make recommendations to the office of long-term planning and sustainability and the heads of relevant agencies with respect to protecting and expanding urban agriculture for the purposes of sustainability, resiliency, environmental protection, health, community development and small business planning;
4. Establish a program in coordination with the office of food policy, department of parks and recreation, department of city planning and other relevant agencies to:
(a) Support research for advancing urban agriculture legislation and policy within the city; and
(b) Receive and respond to comments, questions and complaints with respect to such program.
5. No later than October 1, 2023, and no later than October 1 of every fifth year thereafter, prepare an urban agriculture report, in cooperation with relevant agencies and stakeholders, including but not limited to food policy educators, representatives from community gardens and urban farming businesses. Such report shall address, but not be limited to, the following issues related to urban agriculture: (i) resources including but not limited to support for existing and potential urban agriculture spaces as well as current policies and regulations related to urban agriculture, (ii) classification and prioritization of urban agriculture uses, (iii) opportunities for expanding the availability of healthy food in low-income neighborhoods, (iv) the integration of urban agriculture into the city's conservation and resiliency plans, and (v) youth development and education opportunities with regard to local food production. Such report shall be submitted to the mayor and speaker of the council and posted on the city's website.
6. Update the mayor and the speaker of the council, and post on the city's website, an annual accounting of the progress made on the recommendations, initiatives and priorities identified in the most recent report prepared pursuant to paragraph 5 of this subdivision. The first such update shall be completed no later than October 1, 2024.
d. The mayor shall establish an urban agriculture advisory board to advise the director, the mayor and the council on issues relating to urban agriculture.
1. The urban agriculture advisory board shall be composed of the following members:
(a) Two representatives specializing in urban agriculture policy, one appointed by the mayor and one appointed by the speaker of the council;
(b) Three representatives who specialize in urban agriculture businesses, such as urban agriculture technology and urban agriculture companies and collectives, two appointed by the mayor and one appointed by the speaker of the council;
(c) Three representatives from community gardening organizations, non-commercial urban farms, or community land trusts involved in urban agriculture, two appointed by the mayor and one appointed by the speaker of the council;
(d) Three representatives, two appointed by the speaker of the council and one appointed by the mayor, from organizations that promote urban agriculture and focus on issues, such as climate, restorative and social justice, one of whom shall be a representative from a youth advocacy organization or network; and
(e) Two representatives from the restaurant industry, one appointed by the mayor and one appointed by the speaker of the council.
2. Each member of the urban agriculture advisory board shall serve at the pleasure of the officer who appointed the member. In the event of a vacancy on the board, a successor shall be selected in the same manner as the original appointment. All members of the urban agriculture advisory board shall serve without compensation.
3. The urban agriculture advisory board shall keep a record of its deliberations and determine its own rules of procedure, which shall include a procedure or mechanism by which members of the public may make submissions to the board. The first meeting of the urban agriculture advisory board shall be convened within 120 days after the effective date of the local law that added this section.
4. Within 18 months of the effective date of the local law that added this section, the urban agriculture advisory board shall submit recommendations to the director, the mayor and the council. After such date, the urban agriculture advisory board may submit recommendations to the director, the mayor and the council as appropriate.
(L.L. 2015/104, 11/30/2015, eff. 3/29/2016; Am. L.L. 2016/098, 8/31/2016, eff. 2/27/2017; Repealed L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Added L.L. 2021/123, 11/7/2021, eff. 3/7/2022; Am. L.L. 2021/121, 11/7/2021, eff. 3/7/2022)
Editor's note: Former Section 20-a pertained to the Office of Labor Standards. For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2015/104 and L.L. 2020/080.
a. There shall be a commission on gender equity to study the nature and extent of inequities facing women, girls, transgender, intersex, gender non-conforming and non-binary individuals in the city; to study the impact of such inequities on the economic, civic and social well-being of women, girls, transgender, intersex, gender non-conforming and non-binary individuals; to advise on ways to analyze the function and composition of city agencies through a gender-based lens and ways to develop equitable recruitment strategies; and to make recommendations to the mayor and the council for the reduction of gender-based inequality. Such commission shall consist of 26 members appointed by the mayor; five members appointed by the speaker of the council; and the chair of the commission on human rights, who shall serve as an ex officio member. Members of the commission shall be representative of the population of the city of New York and shall have experience in advocating for issues important to women, girls, transgender, intersex, gender non-conforming and non-binary individuals. The mayor shall designate one member to serve as chair of the commission, and may also designate a member to serve as co-chair. Members shall serve at the pleasure of the appointing authority. In the event of the death or resignation of any member, a successor shall be appointed by the official who appointed such member. The mayor shall appoint an executive director for the commission.
b. The commission shall have the power and duty to:
1. Hold at least one meeting every four months, including at least one annual meeting open to the public;
2. Keep a record of its activities;
3. Determine its own rules of procedure; and
4. Perform such advisory duties and functions as may be necessary to achieve its purposes as described in subdivision a of this section.
c. The commission may request information from any city agency or office it deems necessary to enable the commission to properly carry out its functions. The commission may also request from any private organization providing services to women, girls, transgender, intersex, gender non-conforming and non-binary individuals in the city pursuant to a contract with a city agency or office, information necessary to enable the commission to properly carry out its functions.
d. No later than December 1, 2017 and annually by April 1 thereafter, the commission shall submit to the mayor and the speaker of the council and post online a report concerning its activities during the previous 12 months, the goals for the following year and recommendations pursuant to subdivision a of this section. No later than April 1, 2021, and annually thereafter, such report shall also include any recommendations the commission shall have for agencies, including, but not limited to, the department of education, for preventing and improving responses to sex- and gender-based discrimination and harassment, including, but not limited to, discrimination and harassment prohibited by section 1681 of title 20 of the United States code, or title ix of the education amendments of 1972. No later than April 1, 2021, and annually thereafter, the commission shall also post online links to data publicly reported by agencies, including, but not limited to, the department of education, relating to sex- and gender-based discrimination and harassment.
(L.L. 2016/067, 6/5/2016, eff. 9/3/2016; Am. L.L. 2020/045, 3/29/2020, eff. 3/29/2020)
a. Such agency or office that the mayor shall designate shall prepare short-term and long-term plans and recommendations to coordinate and effectively utilize private and public resources to address problems associated with illicit and non-medical drug use and to address the effects associated with past and current drug policies in this city.
b. No later than February 1, 2018, and no later than February 1 biennially thereafter, the designated agency shall prepare and submit to the mayor and the speaker of the city council a report on municipal drug strategy. The department shall consult with relevant stakeholders, including but not limited to community-based harm reduction programs, licensed substance use disorder treatment programs, healthcare providers, prevention programs, drug policy reform organizations, community-based criminal justice programs, persons directly affected by drug use, persons formerly incarcerated for drug related offenses, and experts in issues related to illicit and non-medical drug use and policies, in preparing the report. Such report shall include, but not be limited to:
1. A summary of current drug policies, programs, and services in the city, including an overview of goals to address the use of illicit and non-medical drugs such as the use of prescription drugs for non-prescription purposes;
2. A summary of interventions needed in order to reduce drug-related disease, mortality, and crime, and any inequities and disparities related to race, ethnicity, age, income, gender, geography, and immigration status;
3. An overview of programs, legislation or administrative action to promote and support health and wellness related to drug use, as well as to improve the public health and safety of the city's individuals, families, and communities by addressing the health, social and economic problems associated with illicit and non-medical drug use, past or current drug policies, and to reduce any stigma associated with drug use;
4. An overview of the city's efforts to collaborate with existing substance use, medical, and mental health services, including community-based harm reduction programs, licensed substance use disorder treatment programs, healthcare providers, formalized recovery support programs, youth prevention programs, drug policy reform programs and community-based criminal justice programs to develop and foster effective responses to illicit and non-medical drug use in the city;
5. An overview of pilot programs related to illicit and non-medical drug use;
6. An overview of any other proposals to achieve the city-wide goals and objectives related to illicit and non-medical drug use, including, if available, timelines for implementation; and
7. Data on the projected number of opioid antagonists needed by all relevant city agencies, the actual number of opioid antagonists distributed to all relevant city agencies and the number of opioid antagonists distributed to registered opioid overdose prevention programs citywide.
c. There shall be a municipal drug strategy advisory council whose members shall include, but not be limited to, the head of the designated agency, or their representative, who shall be chair, a representative from the department of health and mental hygiene, the department of education, the health and hospitals corporation, the police department, the administration for children's services, the human resources administration, the department of corrections, the department of probation, and the department of homeless services, the speaker of the city council and up to three members appointed by the speaker, and representatives of any other agencies that the head of the designated agency may designate, as well as at least eight representatives, including but not limited to at least one from each of the following: continuum of care providers, those directly affected by drug use, those in recovery from drug use, people formerly incarcerated for drug related offenses, and experts in issues related to illicit and non-medical drug use and policies. The head of the designated agency or their representative may establish subcommittees comprised of governmental or nongovernmental representatives as deemed necessary to accomplish the work of the municipal drug strategy advisory council. The municipal drug strategy advisory council shall:
1. Make recommendations to the head of the designated agency regarding the development of the municipal drug strategy report required pursuant to this section;
2. Produce an advisory addendum, as deemed necessary by the municipal drug strategy advisory council, to the New York municipal city drug policy strategy report, as prepared by the head of the designated agency, pursuant to subdivision c of this section;
3. Advise on relevant federal, state, and local legislation, programs, and other governmental activities;
4. Make recommendations to the head of the designated agency regarding the implementation of city-wide goals and objectives related to the risks associated with illicit and non-medical drug use; and
5. Hold at least four meetings each fiscal year, at least one of which shall be open to the general public for input and comments.
(L.L. 2017/048, 3/21/2017, eff. 3/21/2017; Am. L.L. 2018/129, 6/26/2018, eff. 6/26/2018)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2017/048 and L.L. 2018/129.
a. Definitions. For the purposes of this section the following terms have the following meanings:
Director. The term "director" means the director of the office of nightlife.
Nightlife establishment. The term "nightlife establishment" means an establishment that is open to the public for entertainment or leisure, serves alcohol or where alcohol is consumed on the premises, and conducts a large volume of business at night. Such term includes, but is not limited to, bars, entertainment venues, clubs and restaurants.
Office. The term "office" means the office of nightlife.
b. The mayor shall establish an office of nightlife. Such office may be established within any office of the mayor or as a separate office or within any agency that does not conduct enforcement against nightlife establishments, provided that such office may also be established within the department of small business services. Such office shall be headed by a director who shall be appointed by the mayor or by the head of such office or agency.
c. Powers and duties. The director shall have the power and duty to:
1. Serve as a liaison to nightlife establishments in relation to city policies and procedures affecting the nightlife industry and, in such capacity, shall:
(a) Conduct outreach to nightlife establishments and provide information and assistance to such establishments in relation to existing city policies and procedures for responding to complaints, violations and other enforcement actions, and assist in the resolution of conditions that lead to enforcement actions;
(b) Serve as a point of contact for nightlife establishments and ensure adequate access to the office that is responsive to the nature of the nightlife industry; and
(c) Work with other city agencies to refer such establishments to city services that exist to help them in seeking to obtain relevant licenses, permits or approvals from city agencies;
2. Advise and assist the mayor and the heads of city agencies that have powers and duties relating to nightlife establishments including, but not limited to, the department of consumer and worker protection, the police department, the fire department, the department of health and mental hygiene, the department of city planning, the department of buildings and the department of small business services, on issues relating to the nightlife industry;
3. Review information obtained from 311 or other city agencies on complaints regarding and violations issued to nightlife establishments and develop recommendations to address recurring problems or trends, in consultation with industry representatives, advocates, city agencies, community boards and residents;
4. Serve as the intermediary between city agencies, including law enforcement agencies, residents and the nightlife industry to pursue, through policy recommendations, long-term solutions to issues related to the nightlife industry;
5. Review and convey to the office of labor standards information relating to nightlife industry workforce conditions and upon request, assist such office in developing recommendations to address common issues or trends related to such conditions;
6. Promote an economically and culturally vibrant nightlife industry, while accounting for the best interests of the city and its residents; and
7. Perform other relevant duties as the mayor may assign.
d. Notwithstanding subdivision c of this section, paragraph 1 of such subdivision shall not apply to any cultural organization that is identified by the department of cultural affairs as eligible to receive grant funding from such department, except as otherwise determined by the director and such department.
e. Reporting.
1. Within 18 months of the effective date of the local law that added this section, and annually thereafter, the director shall prepare and submit a report to the mayor and the speaker of the council that shall include, but not be limited to, the activities of the office and any recommendations developed by the director pursuant to this section.
2. The office shall submit to the council and post to the office's website, in a machine readable format, a report on multi-agency response to community hotspots operations consistent with paragraph 3 of this subdivision. For the purposes of this section, the term "multi-agency response to community hotspots operation" or "operation" means an enforcement effort involving multiple city agencies or offices directed at an establishment which has been the source of community complaints, coordinated by the police department's civil enforcement unit. Such reports shall include the following information for each operation during the previous six months:
(a) The borough, council district, and zip code of the operation.
(b) The conduct or complaint that resulted in an establishment being the subject of an operation, including any relevant 311, 911, department of building, department of health, or other form of complaint and the number of such complaints.
(c) The number of times each establishment was the subject of an operation and the basis for each operation.
(d) The date and time of each operation, including the time each operation commenced and the average time spent inside each establishment, and whether the operation resulted in the closure of the establishment for the duration of the operation.
(e) The agencies present for the operation, including the number of personnel from each agency.
(f) Any civil or criminal summonses as defined in section 14-101 of the administrative code, issued during an operation and the agency responsible for each such summons.
(g) The precinct that requested each establishment's inclusion in the operation.
(h) Whether the targeted establishment was ordered to cease operations as a result of an operation or enforcement actions taken as part of an operation, including the average duration of such closures.
3. No later than two months after January 1 and July 1 in each calendar year beginning in 2020, the office shall publish the information required in paragraph 2 of this section in the aggregate for the periods ending on the preceding December 31 and June 30 respectively. Such information shall include the number and percentage of each data point, provided that such information that cannot be aggregated need not be included in such report. Such reports must be machine readable, and shall be stored on the police department's or the office of nightlife's website for at least ten years.
4. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information.
f. Nightlife advisory board.
1. There shall be a nightlife advisory board to advise the mayor and the council on issues relating to nightlife establishments. The advisory board shall identify and study common issues and trends relating to the nightlife industry and shall make recommendations, as appropriate, to the mayor and the council on ways to improve laws and policies that impact nightlife establishments. The nightlife advisory board shall examine the following: (i) the regulatory structure of the nightlife industry; (ii) common complaints regarding nightlife establishments; (iii) public safety concerns related to the nightlife industry; (iv) the enforcement of nightlife industry-related laws and rules; (v) zoning and other community development concerns related to the nightlife industry; (vi) integration of the nightlife industry into the city's various neighborhoods; (vii) nightlife workforce conditions, including but not limited to, wages and workforce safety; (viii) the availability and responsiveness of the office of nightlife to the concerns of nightlife establishments; and (ix) any other issues the nightlife advisory board finds are relevant.
2. The nightlife advisory board shall consist of 14 members, of whom nine members shall be appointed by the speaker of the council and five by the mayor. Such board shall provide reasonable notice of its meetings to the director, who may attend such meetings and may coordinate the attendance of relevant agency heads or their designees.
3. All members shall serve for a term of two years and may be removed by the appointing official for cause. Upon appointment of all the members, the nightlife advisory board shall elect a chair from its membership by a majority vote of such advisory board. Any vacancy on the nightlife advisory board shall be filled in the same manner as an original appointment.
4. The nightlife advisory board shall keep a record of its deliberations and determine its own rules of procedure, which shall include a procedure or mechanism by which members of the public may make submissions to the board. The first meeting of the nightlife advisory board shall be convened within 120 days after the effective date of the local law that added this section.
5. Within 18 months of the effective date of the local law that added this section, the nightlife advisory board shall submit recommendations to the mayor and the council. After such date, the nightlife advisory board may submit recommendations to the mayor and the council as appropriate.
g. Nothing in this section shall be construed to limit the powers of any other agency pursuant to any other law or to limit, bind or affect the decision of any agency or officer pursuant to any process required pursuant to the charter or any other law.
(L.L. 2017/178, 9/19/2017, eff. 11/18/2017; Am. L.L. 2018/103, 5/12/2018, eff. 5/12/2018; Am. L.L. 2019/220, 12/15/2019, eff. 4/13/2020; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2023/152, 11/17/2023, eff. 11/17/2023)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2017/178 and L.L. 2020/080.
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