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.