Section 16-317
§ 16-317 Citizens' solid waste advisory boards; membership. Within six
months of the effective date of this chapter, each borough shall
establish a citizens' solid waste advisory board (the "citizens'
board"), consisting of no fewer than twenty members who for the first
term shall be comprised of the members of the borough's citizens'
advisory committee on resource recovery and other persons appointed
jointly by the borough president and the council members elected from
the council districts included in any part of the borough. For each
subsequent term, all members shall be appointed jointly by the borough
president and the council members elected from the council districts
included in any part of the borough. The membership of each citizens'
board shall represent community boards, recycling industries, carting
industries, environmental organizations, government agencies, labor
organizations, business organizations, property owners, tenant
organizations and members of the general public. Members shall serve for
a term of two years without compensation and shall designate one member
to serve as chairperson and one as vice-chairperson.
Section 16-318
§ 16-318 Functions of the citizens' board. a. The department shall
submit to each borough president the portion of the biennial report
addressing the city's recycling program that is prepared pursuant to the
city's two thousand six solid waste management plan, simultaneous with
the submission of such report to the mayor and the council. Each borough
president shall distribute copies of such portion to each member of the
citizens' board in his or her borough. Within ninety days thereafter,
each citizens' board shall review such portion, conduct a public hearing
on such portion and make written recommendations to its borough
president, the department and the council with respect to the recycling
program within its borough. Each citizens' board shall also annually
advise its borough president and the department with respect to the
development, promotion and operation of the recycling program in its
borough and pursuant to this function shall formulate and recommend:
1. annual recycling goals equal to or greater than those set forth in
section 16-305 of this chapter and the methods proposed to achieve such
goals;
2. means to encourage community participation in the recycling
program; and
3. means to promote the recycling program and educate the public with
regard to the program.
b. In each borough, the citizens' board shall assume all the
responsibilities and functions of the borough's citizens' advisory
committee on resource recovery.
Section 16-319
§ 16-319 Citywide recycling advisory board; membership. There shall be
a citywide recycling advisory board (the "citywide board") consisting of
at least one representative from each citizens' board, five members
appointed by the council, and five members appointed by the mayor. The
membership of the citywide board shall represent community boards,
recycling industries, carting industries, environmental organizations,
government agencies, labor organizations, business organizations, real
property owners, tenant organizations and members of the general public.
Members shall serve for a term of one year without compensation and
shall designate one member to serve as chairperson and one as
vice-chairperson.
Section 16-320
§ 16-320 Functions of the citywide board. The citywide board shall
meet at least four times a year to discuss citywide recycling issues,
including but not limited to budgetary issues. The citywide board shall
annually review the department's recycling program and make
recommendations to the mayor and the council concerning improvements to
and changes in the program.
Section 16-321
§ 16-321 Disclosure requirements. a. Whenever a person, other than a
public servant, appointed to any advisory board created pursuant to this
subchapter, engages in any business dealings with the department, or
engages in business dealings with any other agency that relate to
processing or disposal of solid waste or of waste described in paragraph
three of the definition of solid waste in section 16-303 of this chapter
or to recycling, or has an interest in a firm that is engaged in such
business dealings with the department or with such other agency, such
person shall, prior to appointment, disclose the nature of such business
dealings to the commissioner and to the body or officer appointing such
person, and, after appointment, disclose the nature of such business
dealings to the commissioner and to all other members of such board;
provided that such person need not disclose the amount of such business
dealings.
b. When used in this section:
1. "Advisory committee" means a committee, council, board or similar
entity that is constituted to provide advice or recommendations to the
city and which has no authority to take a final action on behalf of the
city, to take any action that would have the effect of conditioning,
limiting or requiring any final action by any other agency, or to take
any action that is authorized by law.
2. "Agency" means a city, county, borough or other office, position,
administration, department, division, bureau, board, commission,
authority, corporation, advisory committee or other agency of
government, the expenses of which are paid in whole or in part from the
city treasury, and shall include but not be limited to, the council, the
offices of each elected official, the department of education, community
school boards, community boards, the financial services corporation, the
health and hospitals corporation, the public development corporation and
the New York city housing authority, but shall not include any court or
any corporation or institution maintaining or operating a public
library, museum, botanical garden, arboretum, tomb, memorial building,
aquarium, zoological garden or similar facility.
3. "Blind trust" means a trust in which a candidate for any advisory
board created pursuant to this subchapter or a member of such board, or
the spouse or unemancipated child of such candidate or member, has a
beneficial interest, the holdings and sources of income of which such
candidate or member and such spouse and unemancipated child have no
knowledge, and the trustee of which shall have independent authority and
discretion.
4. "Business dealings" means any transaction involving the sale,
purchase, rental, disposition or exchange of any goods, services or
property, and any performance of or litigation with respect to any of
the foregoing, but shall not include any transaction involving the
residence of any candidate for any advisory board created pursuant to
this subchapter or of any member of such board, or any ministerial
matter.
5. "City" means the city of New York and includes an agency of the
city.
6. "Elected official" means a person holding office as mayor,
comptroller, public advocate, borough president or member of the
council.
7. "Firm" means a sole proprietorship, joint venture, partnership,
corporation or any other form of enterprise, but shall not include a
public benefit corporation or local development corporation.
8. "Interest" means an ownership interest in a firm or a position with
a firm.
9. "Ministerial matter" means an administrative act that is carried
out in a prescribed manner and which does not involve substantial
personal discretion.
(10) "Ownership interest" means an interest in a firm that is held by
a candidate for any advisory board created pursuant to this subchapter,
or by a member of such board, or by the spouse, domestic partner, or
unemancipated child of such candidate or member, which exceeds five
percent of the firm or an investment of twenty-five thousand dollars in
cash or other form of commitment, whichever is less, or five percent or
twenty-five thousand dollars of the firm's indebtedness, whichever is
less, and any lesser interest in a firm when such candidate or member,
or such spouse, domestic partner, or unemancipated child, exercises
managerial control or responsibility regarding any such firm, but shall
not include interests held in any pension plan, deferred compensation
plan or mutual fund, the investments of which are not controlled by such
candidate or member, or by such spouse, domestic partner, or
unemancipated child, or in any blind trust that holds or acquires an
ownership interest.
11. "Position" means a position in a firm, such as an officer,
director, trustee, employee or any management position, or as an
attorney, agent, broker or consultant to the firm, which does not
constitute an ownership interest in the firm.
12. "Public servant" means all officials, officers and employees of
the city, including members of community boards and members of advisory
committees, except unpaid members of advisory committees shall not be
public servants.
13. "Spouse" means a husband or wife of a candidate for any advisory
board created pursuant to this subchapter or of a member of such board
who is not legally separated from such candidate or member.
14. "Unemancipated child" means any son, daughter, step-son or
step-daughter who is under the age of eighteen, unmarried and living in
the household of a candidate for any advisory board created pursuant to
this subchapter or of the member of such board.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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