a. There shall be, in the executive office of the mayor, an office of operations. The office shall be headed by a director, who shall be appointed by the mayor.
b. The director of the office of operations shall have the power and the duty to:
1. plan, coordinate and oversee the management of city governmental operations to promote the efficient and effective delivery of agency services;
2. review and report on the city's management organization including productivity and performance functions and systems;
3. maintain for the mayor a management, planning and reporting system and direct the operation of such system;
4. review the city's operations and make recommendations, where appropriate, for improving productivity, measuring performance and reducing operating expenses; and
5. perform the functions of an office of environmental coordination and provide assistance to all city agencies in fulfilling their environmental review responsibilities for proposed actions by the city subject to such review.
c. There shall be an office of the language services coordinator within the office of operations. Within appropriations therefor, the office of the language services coordinator shall appoint such experts and assistants as necessary to fulfill the duties assigned to the office by this charter, in consultation with the office of immigrant affairs. The office of the language services coordinator shall have the following powers and duties:
1. To work with each agency subject to the requirements of section 23-1102 of the code on the development and implementation of its agency-specific language access implementation plan to ensure meaningful access to information and direct public services.
2. To collect annual reports from each such agency regarding implementation of its language access implementation plan.
3. To perform outreach, in coordination with the office of immigrant affairs or other agencies, in neighborhoods containing a significant number of persons that do not speak any of the languages already covered by most agencies' language access implementation plans, but which might otherwise contain a likely service population, to inquire what agency direct public services, as defined in section 23-1101 of the code, might be used by such persons if services in a language spoken by such persons were available, and collect information therefrom to be shared with the relevant agencies.
4. To make recommendations to city agencies on specific programs for which the providing of language access services in languages not already required pursuant to section 23-1102 of the code may be beneficial.
5. Beginning no later than December 15, 2023, and no later than every December 15 thereafter, submit to the city council and post on the city website a report providing information regarding each agency subject to the requirements of section 23-1102 of the administrative code, including:
(i) the name of the individual designated as the agency's language access coordinator, including all titles held by such individual;
(ii) the agency's language access implementation plan, to be updated every three years unless such implementation plan has been updated by such agency since it was last reported;
(iii) information regarding how members of the public may submit language access complaints, questions and requests to the agency;
(iv) data on complaints and requests received pursuant to section 23-301 of the administrative code and a description of how such complaints and requests were addressed;
(v) a copy of the list of designated citywide languages, created pursuant to section 23-1101 of the administrative code, as well as the data relied upon for its creation;
(vi) information regarding the outreach conducted pursuant to paragraph 3 of this subdivision;
(vii)* any languages identified pursuant to section 23-1105 of the code, as well as the circumstances and duration of the global event, occurrence, trend or pattern that required the identification of such languages.
(vii)* the contracts entered into by the agency that were registered pursuant to section 328 during the preceding fiscal year and for which the principal purpose of such contracts was translation, interpretation, or other related language services, and for each such contract, such report shall include the total dollar value of the contract and the period of performance, whether the corresponding contractor was procured pursuant to either paragraph 1 of subdivision i of section 311 or section 314, whether the corresponding contractor is a community-based organization, and, to the extent practicable, the languages for which translation, interpretation, or other related language services were provided; and
* Editor's note: There are two subsections numbered as (vii).
(viii) a list of each contract the principal purpose of which is translation, interpretation, or other related language services and through which the agency issued a payment during the previous fiscal year, and the cumulative value of such payments during the previous fiscal year for each such contract.
6. To provide technical assistance to such city agencies in meeting the requirements of section 23-1102 of the code.
7. To monitor and report on the performance of city agencies in delivering services in languages other than English, including but not limited to compliance with signage requirements, the availability of interpretation services, the familiarity of frontline workers with language access policy and reviews of translated documents for accuracy and availability.
8. To maintain in a central place which is accessible to the public a library of written materials published by city agencies in such languages.
9. To establish, in furtherance of the purposes of this subdivision and of chapter 11 of the code, additional standards and criteria for city agencies that provide language access services.
d. 1. The city of New York recognizes that services for people suffering from intellectual and developmental disabilities are provided by programs administered within a number of different city agencies, as well as by non-governmental entities. The city of New York further recognizes the need for coordination and cooperation among city agencies and between city agencies and non-governmental entities that provide such services.
2. There shall be intellectual and developmental disability coordination within the office of operations. In performing functions relating to such coordination, the office of operations shall be authorized to develop methods to: (i) improve the coordination within and among city agencies that provide services to people with intellectual or developmental disabilities, including but not limited to the department of health and mental hygiene, the administration for children's services, the human resources administration, department of youth and community development, the department of juvenile justice, and the department of employment, or the successors to such agencies, and the health and hospitals corporation and the board of education; and (ii) facilitate coordination between such agencies and non-governmental entities providing services to people with intellectual or developmental disabilities; review state and federal programs and legislative proposals that may affect people with intellectual or developmental disabilities and provide information and advice to the mayor regarding the impact of such programs or legislation; recommend legislative proposals or other initiatives that will benefit people with intellectual or developmental disabilities; and perform such other duties and functions as the mayor may request to assist people with intellectual or developmental disabilities and their family members.
e. There shall be a director of environmental remediation within the office of operations. The director, who shall be appointed by the mayor, shall head the office of environmental remediation and shall have the power and the duty to:
1. in consultation with other city agencies and officials, including the department of health and mental hygiene, as appropriate, plan, establish, coordinate, and oversee city policy regarding the identification, investigation, remediation, and redevelopment of brownfields that is protective of public health and the environment, and supportive of the city's economic development;
2. develop programs for sustainable growth in consultation with the office of long-term planning and sustainability. Such programs shall focus on projects that are consistent with brownfield opportunity area plans and on communities that (i) contain a disproportionate number of brownfield sites, (ii) show indicators of economic distress, including low resident incomes, high unemployment, high commercial vacancy rates and depressed property values, or (iii) contain brownfield sites that present strategic opportunities to stimulate economic development, community revitalization or the siting of public amenities.
3. identify and catalogue brownfields and potential brownfields;
4. develop and administer a local brownfield cleanup program to facilitate the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
5. develop and administer financial and other incentive programs to encourage public or private entities to identify, investigate, remediate, and redevelop brownfields in support of the city's economic development. The financial incentive program shall give priority to projects that are consistent with brownfield opportunity area plans;
6. promote community participation and community assistance, and provide technical support for community participation, in the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
7. educate and train community groups, developers, and property owners about the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
8. act as intermediary for city agencies and officials, as appropriate, for brownfield matters, including with respect to the state brownfield opportunity area program. The office shall facilitate interactions among city agencies, community based organizations, developers, and environmental experts and assist community based organizations in brownfield redevelopment.
9. support the efforts of community groups, developers, and property owners to obtain and utilize federal, state, and private incentives to identify, investigate, remediate, and redevelop brownfields;
10. coordinate, partner, and enter into agreements with federal and state agencies and officials and other entities in connection with the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development. Such agreements may include a pledge by a federal or state agency or official that no further action may be taken against a local brownfield site that has been issued a certificate of completion pursuant to chapter nine of title twenty-four of the administrative code;
11. apply for and administer funds for the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
12. advise city agencies and officials regarding the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
13. evaluate and report publicly on progress in the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development;
14. take such other actions as may be necessary to facilitate the identification, investigation, remediation, and redevelopment of brownfields in support of the city's economic development, including the review and acceptance of remedial plans for brownfield redevelopment projects such as city-sponsored affordable housing projects;
15. administer the E-Designation program, as defined in section 11-15 of the zoning resolution of the city of New York, acting as successor to the department of environmental protection for such purpose;
16. ensure compliance with hazardous waste restrictive declarations arising from the environmental review of land use actions, acting as successor to the department of environmental protection for such purpose;
17. establish fees for programs administered by the office; and
18. promulgate such rules as are necessary to implement the provisions of this subdivision.
f. 1. The office of operations shall develop a business owner's bill of rights. The bill of rights shall be in the form of a written document, drafted in plain language, that advises business owners of their rights as they relate to agency inspections. Such written document shall include translations of the bill of rights into at least the designated citywide languages, as defined in section 23-1101 of the administrative code, or include: (i) a statement in each designated citywide language, as defined in section 23-1101 of the administrative code, that the document advises business owners of their rights as they relate to agency inspections and that translations of the document are available online; (ii) a universal resource locator (url) for a web page, website, document or other resource where such translations are available online; and (iii) a direct means of accessing such translations using a properly equipped mobile device, such as a quick response code or a near field communication tag. The bill of rights shall include, but not be limited to, notice of every business owner's right to: i) consistent enforcement of agency rules; ii) compliment or complain about an inspector or inspectors online, anonymously, if desired, through a customer service survey, and information sufficient to allow a business owner to do so, including but not limited to the url of such survey; iii) contest a notice of violation before the relevant local tribunal, if any; iv) an inspector who behaves in a professional and courteous manner; v) an inspector who can answer reasonable questions relating to the inspection, or promptly makes an appropriate referral; vi) an inspector with a sound knowledge of the applicable laws, rules and regulations; vii) access information in languages other than English; and viii) request language interpretation services for agency inspections and any subsequent administrative hearings and trials, including pre-trial conferences and settlement negotiations.
2. The office of operations shall work with each agency that conducts inspections to facilitate the distribution of the bill of rights to all relevant business owners, including via electronic publication on the internet, and to notify such business owners if the bill of rights is subsequently updated or revised. The office of operations shall also work in cooperation with all relevant agencies to enable the distribution of a physical copy of the bill of rights to business owners, managers, or relevant employees at the beginning of every inspection, except that if the inspection is an undercover inspection, if exigent circumstances require an urgent safety inspection, if the inspector has a reasonable fear for their own safety, or if the inspection is not conducted by an individual whose primary duty is to conduct an inspection, then a copy of the bill of rights shall be provided as soon as practicable and may be provided electronically. If the business owner or manager is not present at the time of inspection, the relevant agency shall leave such physical copy at the establishment at the time of inspection and may also provide an electronic copy of the bill of rights. Nothing in this subdivision nor any failure to comply with its provisions shall be construed so as to create a cause of action or constitute a defense in any judicial, administrative, or other proceeding.
3. To the extent practicable, the office of operations shall develop and implement a plan for each business owner to indicate the language in which such owner would prefer that agency inspections of the business be conducted. To the extent practicable, the office of operations shall also develop and implement a plan to inform all relevant agencies of such respective language preference.
4. The bill of rights shall serve as an informational document only and nothing in this subdivision or in such document shall be construed so as to create a cause of action or constitute a defense in any legal, administrative, or other proceeding.
g. 1. The office of operations shall develop a standardized customer service training curriculum to be used, to the extent practicable, by relevant agencies for training agency inspectors. Such training shall be reviewed annually and updated as needed, taking into account feedback received through the customer service survey created and maintained by the office on the city's website pursuant to subdivision h of this section. Such training shall include specific protocols for such inspectors to follow when interacting with non-English speakers to ensure that such inspectors provide language translation services during inspections. Such training shall also include culturally competent instruction on communicating effectively with immigrants and non-English speakers during inspections. For purposes of this subdivision, relevant agencies shall include the department of buildings, the department of consumer and worker protection, the department of health and mental hygiene, the department of environmental protection, the department of sanitation, and the bureau of fire prevention of the fire department.
2. The office of operations shall review each relevant agency's inspector training program to ensure that such program includes customer service training and, to the extent practicable, includes the standardized customer service training curriculum developed by the office of operations pursuant to paragraph one of this subdivision. After completing such review, the office of operations shall certify an agency's inspector training program if it includes, to the extent practicable, the standardized customer service training curriculum developed by the office of operations pursuant to paragraph one of this subdivision. Any such certification shall be provided to the speaker of the council upon request.
3. No later than July 1, 2013, the office of operations shall submit to the mayor and the speaker of the council a copy of the standardized customer service training curriculum developed pursuant to paragraph one of this subdivision and shall report the number of agency inspector training programs reviewed by the office of operations and the number of such programs that were certified. No later than January 1, 2014 and annually thereafter, the office of operations shall submit to the mayor and the speaker of the council any substantive changes to the standardized customer service training curriculum and shall report the number of agency inspector training programs that were reviewed and the number of such programs that were certified by the office of operations during the prior year.
4. If, on September 1, 2017, September 1, 2019, or September 1, 2021 the office of operations has received fewer than 500 responses with respect to relevant agencies through the customer service survey created and maintained by the office on the city's website pursuant to subdivision h of this section in the previous twenty-four-month period, the office of operations shall perform outreach to businesses that were inspected by relevant agencies during such period to solicit feedback and to encourage the owners of such businesses to complete such customer service survey. Such outreach shall continue until the office of operations has received a total of at least 500 such responses, including both responses received during such twenty-four-month period and responses received after such twenty-four-month period during the period the office of operations is required to perform outreach, provided that the office of operations shall not be required to perform outreach for more than three months following such twenty-four-month period.
h. The office of operations shall create and maintain a customer service survey on the city's website that allows business owners to provide feedback on their experiences interacting with, at a minimum, inspectors from relevant agencies, as such term is defined in subdivision g of this section. Such business owners shall have the option of providing such feedback anonymously.
i. 1. The department of social services, the administration for children's services, the department of homeless services, the department of health and mental hygiene, the department for the aging, the department for youth and community development, the department of education and any other agencies designated by the mayor that directly or by contract collect demographic information via form documents from city residents seeking social services shall provide all persons seeking such services with a standardized, anonymous and voluntary demographics information survey form that contains questions regarding ancestry and languages spoken.
2. The questions shall include options allowing respondents to select from:
(a) at least the top 30 largest ancestry groups and languages spoken in the city of New York based on data from the United States census bureau; and
(b) "other," with an option to write in a response.
3. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.
4. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision and any other agencies so designated by the mayor that: collect demographic information addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency's authority to edit or amend. The office of operations, or the office or agency designated by the mayor, shall submit to the council, within 60 days of such review, a list of all forms reviewed and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated. When practicable, when such forms are updated they shall request voluntary responses to questions about ancestry and languages spoken. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about ancestry and languages spoken no later than five years from the effective date of the local law that added this subdivision. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision i of this section.
5. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their ancestry or languages spoken on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.
6. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this subdivision and the office of operations, or the office or agency designated by the mayor, shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.
7. 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 respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.
j. 1. The department of social services, the administration for children's services, the department of homeless services, the department of health and mental hygiene, the department for the aging, the department for youth and community development, the department of education and any other agencies designated by the mayor that directly or by contract collect demographic information via form documents from city residents seeking social services shall provide all persons seeking such services with a standardized, anonymous and voluntary demographic information survey form that contains an option for multiracial ancestry or ethnic origin. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.
2. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or an office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision and any other agencies so designated by the mayor that: collect demographic information addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency's authority to edit or amend. The office of operations, or the office or agency designated by the mayor, shall submit to the council, within 60 days of such review, a list of all forms reviewed and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated. When practicable, the office of operations, or the office or agency designated by the mayor, shall ensure that when such forms are updated they shall request voluntary responses to questions about multiracial ancestry or ethnic origin. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about multiracial ancestry or ethnic origin no later than five years from the effective date of the local law that added this subdivision. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision j of this section.
3. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their multiracial ancestry or ethnic origin on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.
4. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this subdivision and the office of operations, or the office or agency designated by the mayor, shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.
5. 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 respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.
k. 1. The department of social services, the administration for children's services, the department of homeless services, the department of health and mental hygiene, the department for the aging, the department for youth and community development, the department of education and any other agencies designated by the mayor that directly or by contract collect demographic information via form documents from city residents seeking social services shall provide all persons seeking such services who are either at least 14 years old or identify as the heads of their own households with a standardized, anonymous and voluntary demographics information survey form that contains questions regarding sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual status or other, with an option to write in a response and gender identity, including transgender, cisgender or intersex status or other, with an option to write in a response.
2. Such survey form shall be created by the office of operations and office of immigrant affairs, or such offices or agencies as may be designated by the mayor, and may be updated as deemed necessary by those agencies based on changing demographics.
3. No later than 60 days after the effective date of the local law that added this subdivision, the office of operations shall submit to the mayor and the speaker of the city council a plan to provide a mandatory training program and develop a manual for agency staff on how to invite persons served by such agencies to complete the survey. Such training and manual shall include, but not be limited to, the following:
(a) an overview of the categories of sexual orientation and gender identity;
(b) providing constituents the option of completing the survey in a private space and filling out any paperwork without oral guidance from city agency staff;
(c) explaining to constituents that completing the survey is voluntary;
(d) explaining to constituents that any data collected from such survey will not be connected to the individual specifically; and
(e) discussions regarding addressing constituents by their self-identified gender.
4. Beginning no later than six months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall conduct a review of all forms issued by the agencies described in paragraph 1 of this subdivision and any other agencies so designated by the mayor that: collect demographic information addressing the questions contained on the survey form, are completed by persons seeking services and contain content and/or language in relation to collecting such information that is within the administering city agency's authority to edit or amend. The office of operations, or the office or agency designated by the mayor, shall submit to the council within 60 days of such review, a list of all forms reviewed and all forms eligible for updating, and for forms not eligible for updating an explanation of why such forms are not eligible for updating, and indicate which forms shall be updated. When practicable, when such forms are updated they shall request voluntary responses to questions about sexual orientation, including heterosexual, lesbian, gay, bisexual or asexual status, or other; gender identity, including transgender, cisgender and intersex status or other; and the gender pronoun or pronouns that an individual identifies with and that others should use when talking to or about that individual. All forms identified as eligible for updating during the review required pursuant to this paragraph shall be updated to invite responses to questions about sexual orientation, gender identity and the gender pronoun or pronouns that an individual identifies with and that others should use when talking to or about that individual no later than five years from the effective date of the local law that added this subdivision. All forms not eligible for updating shall be provided in conjunction with the standardized, anonymous and voluntary demographics information survey form as established by paragraph 1 of subdivision k of this section.
5. Beginning no later than 18 months after the effective date of the local law that added this subdivision, and annually thereafter, the office of operations, or the office or agency designated by the mayor, shall make available to the public data for the prior fiscal year that includes but is not limited to the total number of individuals who have identified their sexual orientation or gender identity on the survey form described in paragraph 1 of this subdivision and any forms updated pursuant to paragraph 4 of this subdivision, disaggregated by response option, agency and program. Such data shall be made available to the public through the single web portal provided for in section 23-502 of the administrative code.
6. Each agency that provides the survey form required pursuant to paragraph 1 of this subdivision shall evaluate its provision of services in consideration of the data collected pursuant to this local law and the office of operations shall submit to the council a report on any new or modified services developed by any agencies based on such data. Such report shall be submitted no earlier than 18 months after the effective date of the local law that added this paragraph.
7. 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 respecting students and families serviced by the New York city department of education. If any category requested contains between 1 and 5, or allows another category to be narrowed to between 1 and 5, the number shall be replaced with a symbol.
(Am. L.L. 2015/065, 6/29/2015, eff. 7/29/2015; Am. L.L. 2015/067, 6/29/2015, eff. 7/29/2015; Am. L.L. 2016/126, 10/31/2016, eff. 4/29/2017; Am. L.L. 2016/127, 10/31/2016, eff. 4/29/2017; Am. L.L. 2016/128, 10/31/2016, eff. 4/29/2017; Am. L.L. 2017/030, 3/18/2017, eff. 7/1/2017; Am. L.L. 2018/076, 1/19/2018, eff. 1/19/2018; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2022/014, 1/9/2022, eff. 1/9/2022; Am. L.L. 2023/006, 1/21/2022, eff. 1/21/2022; Am. L.L. 2023/013, 1/21/2023, eff. 5/21/2023; Am. L.L. 2023/014, 1/21/2023, eff. 7/20/2023)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2008/017, L.L. 2009/027, L.L. 2015/067, L.L. 2016/126, L.L. 2016/128, L.L. 2017/030, L.L. 2020/080 and L.L. 2023/013.