The mayor shall be elected at the general election in the year nineteen hundred sixty-five and every fourth year thereafter. The mayor shall hold office for a term of four years commencing on the first day of January after each such election. A mayor who resigns or is removed from office prior to the completion of a full term shall be deemed to have held that office for a full term for purposes of section 1138 of the charter. The salary of the mayor shall be two hundred fifty-eight thousand seven hundred fifty dollars a year.
(Am. L.L. 2016/019, 2/19/2016, retro. eff. 1/1/2016)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2002/027 and L.L. 2006/051.
The mayor shall communicate to the council at least once in each year a statement of the finances, government and affairs of the city with a summary statement of the activities of the agencies of the city. Such statement shall include a summary of the city's progress in implementing the goals and strategies contained in the most recent final strategic policy statement submitted by that mayor pursuant to section seventeen.
a. The mayor shall appoint the heads of administrations, departments, all commissioners and all other officers not elected by the people, except as otherwise provided by law.
b. The mayor, whenever in his judgment the public interest shall so require, may remove from office any public officer holding office by appointment from a mayor of the city, except officers for whose removal other provision is made by law. No public officer shall hold his office for any specific term, except as otherwise provided by law.
The mayor, subject to this charter, shall exercise all the powers vested in the city, except as otherwise provided by law.
a. The mayor shall be responsible for the effectiveness and integrity of city government operations and shall establish and maintain such policies and procedures as are necessary and appropriate to accomplish this responsibility including the implementation of effective systems of internal control by each agency and unit under the jurisdiction of the mayor.
b. The mayor shall be a magistrate.
c. Notwithstanding any other provision of law, the mayor shall have the powers of a finance board under the local finance law and may exercise such powers without regard to any provision of law prescribing the voting strength required for a resolution or action of such finance board, provided, however, that whenever the mayor determines that obligations should be issued and the amount thereof, he shall certify such determination to the comptroller who shall thereupon determine the nature and term of such obligations and shall arrange for the issuance thereof.
d. The mayor shall establish a minimum per diem compensation for inspectors of election and clerks employed to assist the inspectors of election in polling places under the direction of the board of elections as follows: on registration and primary election days twenty dollars; on Election day thirty-five dollars, except that the chairman of each election board shall receive an additional three dollars compensation per day. The minimum per diem rate for compensation for election inspectors attending classes of instruction shall be five dollars.
e. The mayor shall establish a professional internal audit function in the executive office of the mayor which is sufficient to provide the mayor with such information and assurances as the mayor, as the chief executive of the city, requires to ensure the proper administration of the city's affairs and the efficient conduct of its business.
f. Except as otherwise provided in section eleven, the mayor may, by executive order, at any time, create or abolish bureaus, divisions or positions within the executive office of the mayor as he or she may deem necessary to fulfill mayoral duties. The mayor may from time to time by executive order, delegate to or withdraw from any member of said office, specified functions, powers and duties, except the mayor's power to act on local laws or resolutions of the council, to act as a magistrate or to appoint or remove officials. Every such order shall be filed with the city clerk who shall forward them forthwith to the City Record for publication.
g. The city has the power to determine the duties of its employees, and it is essential to the workings of city government that the city retain control over information obtained by city employees in the course of their duties. In the exercise of this power, the mayor may promulgate rules requiring that information obtained by city employees be kept confidential to the extent necessary to preserve the trust of individuals who have business with city agencies. To the extent set forth in such rules, each agency shall, to the fullest extent permitted by the laws of the United States and the state of New York, maintain the confidentiality of information in its possession relating to the immigration status or other private information that was provided by an individual to a city employee in the course of such employee's duties.
h. The mayor shall establish an office of information privacy. Such office may be established within the executive office of the mayor or as a separate office or within any other agency or office headed by a mayoral appointee as the mayor may determine. Such office shall be headed by the city's chief privacy officer, who shall be appointed by the mayor or by the head of such other agency or office. All city agencies shall cooperate with the office so as to ensure the efficient performance of its duties. For the purposes of this subdivision, identifying information has the same meaning as set forth in section 23-1201 of the administrative code. Consistent with the provisions of subdivision g of this section, the chief privacy officer shall have the power and duty to:
1. promulgate, after receiving the recommendations of the committee established pursuant to section 23-1204 of the administrative code, policies, and protocols regarding the collection, retention, and disclosure of identifying information by agencies, contractors, and subcontractors, provided that particular policies and protocols may apply to all agencies, contractors, and subcontractors or to a subset thereof;
2. provide guidance and information to the city and every agency thereof on federal, state, and local laws, policies, and protocols related to the collection, retention, and disclosure of identifying information and direct agencies to make any changes necessary to achieve or maintain such compliance;
4. specify types of information, in addition to identifying information as defined in section 23-1201 of the administrative code, that shall be subject to protection by agencies, as required by such officer, based on the nature of such information and the circumstances of its collection or potential disclosure;
5. advise the mayor and senior city officials and provide guidance to city agencies on issues related to privacy, and on strategies, legislative proposals, and city and agency policies and best practices for advancing privacy protections;
6. establish citywide privacy policies, standards, and requirements, and modify or expand them as necessary to meet the evolving privacy protection needs of the city and its agencies;
7. issue guidance to support agency compliance with privacy laws, policies, and privacy best practice standards and requirements;
8. advise agencies on the privacy aspects of suspected and known incidents involving the unauthorized collection, access, acquisition, use, or disclosure of identifying information, working together with the office of cyber command and the department of information technology and telecommunications and other city officials responsible for managing the technical aspects of the city's incident investigation, response, and recovery processes;
9. in collaboration with the office of cyber command, department of information technology and telecommunications, the law department, relevant agency counsel, and other city agencies and officials as needed, advise on any necessary actions regarding identifying information in response to such actual and suspected incidents;
10. train or cause to be trained city employees and contractors on privacy laws, policies, and best practices;
11. advise city agencies on privacy strategies and required or appropriate privacy provisions for data sharing initiatives, and assist in the development of privacy policies and contract terms for data sharing agreements, in coordination with relevant agencies and the law department as appropriate; and
12. promulgate rules as necessary to carry out the powers and duties of the office.
(Am. L.L. 2017/245, 12/17/2017, eff. 6/15/2018; Am. L.L. 2022/027, 1/9/2022, eff. 1/9/2022)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2017/245.
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