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No local law or resolution increasing or decreasing the salaries, or other allowances, in accordance with section twenty-six shall be adopted during the period between the general election day and the thirty-first day of December, both such days inclusive, in any year in which all of the council members are elected.
a. The council in addition to all enumerated powers shall have power to adopt local laws which it deems appropriate, which are not inconsistent with the provisions of this charter or with the constitution or laws of the United States or this state, for the good rule and government of the city; for the order, protection and government of persons and property; for the preservation of the public health, comfort, peace and prosperity of the city and its inhabitants; and to effectuate the purposes and provisions of this charter or of the other law relating to the city. The power of the council to act with respect to matters set forth in sections one hundred ninety-seven-c and two hundred shall be limited by the provisions of section one hundred ninety seven-d.
b. The council shall have power to provide for the enforcement of local laws by legal or equitable proceedings, to prescribe that violations thereof shall constitute misdemeanors, offenses or infractions and to provide for the punishment of violations thereof by civil penalty, fine, forfeiture or imprisonment, or by two or more of such punishments.
c. In the event that there exists no other provision of law for the filling of a vacancy in any elective office, resulting from removal or suspension from such office, or the death, resignation or inability of the incumbent to exercise the powers or to discharge the duties of the office, the council by a majority vote of all the council members shall elect a successor to fill the vacancy in such office.
d. All local laws shall be general, applying either throughout the whole city or throughout specified portions thereof.
e. The council shall not pass any local law authorizing the placing or continuing of any encroachment or obstruction upon any street or sidewalk excepting temporary occupation thereof by commercial refuse containers or during and for the purpose of the erection, repairing or demolition of a building on a lot abutting thereon under revocable licenses therefor, and excepting the erection of booths, stands or displays or the maintenance of sidewalk cafes under licenses to be granted only with the consent of the owner of the premises if the same shall be located in whole or in part within stoop lines; any such commercial refuse containers thus placed or continued upon any street or sidewalk pursuant to such a revocable license shall be painted with a phosphorescent substance so that the dimensions thereof shall be clearly discernible at night.
f. All local laws in relation to licenses shall fix the license fees to be paid, if any, and shall provide that all licenses shall be according to an established form and shall be regularly numbered and duly registered.
g. The council shall hold a public hearing prior to the consideration of any resolution requesting the state legislature, in accordance with the provisions of section two of article nine of the Constitution of the state of New York, to pass any bill, the substance of which, if adopted by the council as a local law, would require its approval by the electorate voting thereon at a referendum. Notice of such public hearing shall be published in the City Record for at least five days immediately preceding the commencement of such a hearing.
a. The council, acting as a committee of the whole, and each standing or special committee of the council, through hearings or otherwise:
1. may investigate any matters within its jurisdiction relating to the property, affairs, or government of the city or of any county within the city, or to any other powers of the council, or to the effectuation of the purposes or provisions of this charter or any laws relating to the city or to any county within the city.
2. shall review on a regular and continuous basis the activities of the agencies of the city, including their service goals and performance and management efficiency. Each unit of appropriation in the adopted budget of the city shall be assigned to a standing committee. Each standing committee of the council shall hold at least one hearing each year relating to the activities of each of the agencies under its jurisdiction.
b. Any standing or special committee shall have power to require the attendance and examine and take testimony under oath of such persons as it may deem necessary and to require the production of books, accounts, papers and other evidence relative to the inquiry. Copies of all reports or studies received by the council pursuant to section eleven hundred thirty-four and subdivision c of section ninety-three shall be assigned to the appropriate standing committees for review and action, as necessary.
The council shall periodically review all city procurement policies and procedures, including:
1. the rules and procedures adopted by the procurement policy board, all rules relating to the participation of minority and women owned business enterprises in the city's procurement process and the implementation of those rules and procedures by city agencies;
2. patterns of contractual spending by city agencies, including determinations of the need to contract made by agencies in accordance with rules of the procurement policy board;
3. access to and fairness in city procurement opportunities, the fair distribution of contract awards, and the fair employment practices of city contractors;
4. procedures for evaluating contractor performance; and
5. procedures for declaring bidders not responsible and for debarring contractors.
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.
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