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a. Except as otherwise provided by law, no unit of appropriation shall be available for expenditure by any city agency until schedules fixing positions and salaries and setting forth other expenses within the units of appropriation are established pursuant to the adopted budget, the administration of which is subject to the provisions of this chapter, the civil service law, and other applicable law.
b. The mayor shall establish and may modify for each agency (1) quarterly spending allotments for each unit of appropriation and (2) aggregate position and salary limits for each unit of appropriation, which shall be made available for public review upon adequate notice. No agency shall expend any sum in excess of such quarterly spending allotments, or exceed aggregate position and salary limits. The mayor may set aside specified sums as necessary reserves which shall not be included in the quarterly spending allotments until released by the mayor. Each agency shall administer all monies appropriated or available for programs and purposes of the agency in accordance with quarterly allotment plans proposed by the agency and approved or modified by the mayor. Each such plan shall set forth by units of appropriation for the quarter of the fiscal year during which it is to remain in effect: (1) rates of expenditures for personal services and other than personal services; (2) ceilings on the total number of uniformed, civilian and pedagogical employees; and (3) the total amount of funds to be spent or committed by the agency during such quarter.
c. The mayor shall keep informed, during the course of each fiscal year, of the progress of expenditures and the receipt of revenues, and it shall be the duty of all agencies, when requested by the mayor, to supply all information needed for this purpose.
d. The mayor may assume direct responsibility for the administration of the schedule required to be filed by the agency head pursuant to subsection a of this section when in the mayor's judgment the fiscal condition of the city so requires or when an agency (1) is expending funds in excess of the quarterly spending allotments or (2) is otherwise not complying with spending allotments or aggregate position and salary limits or (3) is not maintaining adequate accounts pursuant to requirements of this charter.
e. Whenever the mayor determines, pursuant to the provisions of this charter or other relevant statutes, that the full amount of any appropriation should not be available for expenditure during the fiscal year, the mayor shall notify the council of such determination and the implications and consequences of those impoundments for service levels and programmatic goals affected. The mayor shall respond in writing to a request by the council for an explanation of why an appropriation should not be expended.
f. 1. Within thirty days of the adoption of the executive expense budget, the head of each agency responsible for one or more of the services listed in paragraph four of this subdivision shall submit to each borough president, a plan for the allocation within the borough of the personnel and resources appropriated for each such service in the borough.
2. Within thirty days of receiving such a plan, the borough president may propose a reallocation of the personnel and resources within the borough. Such proposed reallocations shall be implemented by the agency, unless the head of the agency objects, in writing, to the borough president. If such an objection is submitted, the borough president may submit a revised reallocation proposal to the agency head which shall be implemented by the agency head provided that no such modification may increase or decrease the personnel or resources allocated to any community district for such service by more than five percent.
3. If, during the course of the fiscal year, however, a material reallocation of personnel or resources within a borough is anticipated by an agency head to be necessary for any of the services listed in subdivision four, the agency head shall consult with the borough president prior to the implementation of any such reallocation.
4. The services covered by this subdivision shall include the following services and any additional services identified for this purpose by the mayor: local parks services, street cleaning and refuse collection, housing code enforcement, highway and street maintenance and repair sewer maintenance and repair, and the maintenance of public buildings by the department of citywide administrative services.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1996/059.
a. Subject to the quarterly spending allotments and aggregate position and salary limits established pursuant to section one hundred six, and to other applicable provisions of this charter, of the civil service law and of other law, changes in schedules, within units of appropriation, may be made by the head of each agency. Any such changes shall be reported to the mayor and the comptroller before the effective date thereof, and shall be made available for public inspection under reasonable terms and conditions.
b. The mayor during any fiscal year may transfer part or all of any unit of appropriation to another unit of appropriation, except that when any such transfer (1) shall be from one agency to another or (2) shall result in any unit of appropriation having been increased or decreased by more than five percent or fifty thousand dollars, whichever is greater, from the budget as adopted for such unit of appropriation, the mayor shall notify the council of the proposed action. Within thirty days after the first stated meeting of the council following the receipt of such notice, the council may disapprove the proposed action; provided, however, that the mayor may recommend such a transfer if it is related to an appropriation included in the budget pursuant to section one hundred two only with the concurrence of the relevant borough president; and a borough president may make such a recommendation with regard to such an appropriation if it is concurred in by the mayor and does not include a reduction in an appropriation other than one included in the budget pursuant to section one hundred two on the recommendation of such borough president. Written notice of any transfer pursuant to this subdivision shall be given to the comptroller and shall be published in the City Record as soon as possible after such transfer.
c. The provisions of this section shall not be deemed to authorize any transfer from appropriations required by law.
d. The council may during any fiscal year transfer part or all of any unit of appropriation within the council appropriation to any other council unit of appropriation for any of its programs or projects or for any other purpose, solely by adoption of a council resolution. Each such transfer shall be published in the City Record and written notice thereof shall be given to the mayor and to the comptroller not less than ten days before the effective date thereof.
e. The procedures and required approvals pursuant to sections two hundred fifty-four, two hundred fifty-five, and two hundred fifty-six, without regard to the dates specified therein, shall be followed in the case of: (1) any proposed amendment to the budget respecting the creation of new units of appropriation, or (2) the appropriation of new revenues from any source except for revenues from federal, state or private sources in regard to the use of which the city has no discretion; provided, however, that the mayor shall give notice to the council of the receipt and proposed utilization of any such revenues, or (3) the proposed use by the city of previously unappropriated funds received from any source. Any request by the mayor respecting an amendment to the budget that involves an increase in the budget shall be accompanied by a statement of the source of current revenues or other identifiable and currently available funds required for the payment of such additional amounts.
The council shall be required to publish quarterly accountings of its actual and planned expenditures, in sufficient detail to indicate the positions and their purposes which have been funded, as well as the activities and categories of materials and supplies purchased.
All revenues of the city, of every administration, department, board, office and commission thereof, and of every borough, county and other division of government within the city, from whatsoever source except taxes on real estate, not required by law to be paid into any other fund or account shall be paid into a fund to be termed the "general fund."
Any public or private agency, authority, corporation, board or commission which receives city funds and is not otherwise subject to the requirements of section one hundred six of this chapter shall submit quarterly reports of the expenditure of such funds to the mayor in such form and detail as the mayor may prescribe.
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