Section 12-101
§ 12-101 Salaries; retroactive increases forbidden. Any action taken
by the head of an agency or by the mayor to increase the salary of any
officer or person whose salary is paid out of the city treasury, to take
effect prior to the date of such action is void.
Section 12-102
§ 12-102 Salaries; increases after fixation in budget permitted. The
head of an agency subject to the provisions of section one hundred
twenty-four of the charter, or the mayor shall have the power to
increase, during any fiscal year, the salary of any officer or person
paid from the city treasury even after such salary shall have been fixed
in the budget for such fiscal year.
Section 12-103
§ 12-103 Salaries; of county officials. The salaries of all county
officers in counties within the city, unless otherwise provided by law,
shall be fixed by the mayor.
Section 12-104
§ 12-104 Payment of claims of certain employees authorized. The mayor
is hereby authorized to inquire into, hear and determine any claim
heretofore or hereafter filed against the city, or any agency, or the
board of education, by a duly appointed employee or his or her estate,
where it is shown that such employee failed and neglected to cash the
check paid to such employee for services rendered, notwithstanding a bar
to the payment of any such claim by limitation of time or otherwise. The
mayor may, after due consideration, authorize payment of such claim, and
such claim shall thereupon be paid in such amount as the mayor shall
determine to be just, in full statisfaction thereof, provided that the
claimant or his or her estate, shall execute and deliver a release upon
receipt of such payment, in such form as shall be approved by the
corporation counsel. The allowance in payment of such claim shall be
without any interest whatsoever.
Section 12-105
§ 12-105 Heads of agencies; power to make deductions from salaries of
subordinates. Except as otherwise provided by law, every head of an
agency is empowered:
1. To make ratable deductions from the salaries and wages of
subordinates, on account of absences from duty without leave.
2. In his or her discretion, to cause deductions to be made from the
salaries, compensation or wages of subordinates of such agency, not
exceeding thirty days' pay, as a fine for delinquency or misconduct.
3. In his or her discretion, to suspend for not more than one month
without pay, any subordinate pending the hearing and determination of
charges against such subordinate, or the making of any explanation, as
the case may be. If the subordinate so suspended be removed, such
subordinate shall not be entitled to salary or compensation after
suspension. If he or she be not so removed, such subordinate shall be
entitled to full salary or compensation from the date of suspension to
the date of reinstatement, less such deduction or fine as may be
imposed.
Section 12-106
§ 12-106 Heads of agencies other than the police and fire
commissioner, may rehear charges against and reinstate persons
dismissed. a. The head of any agency, upon written application by any
person who has been dismissed from service, setting forth the reasons
for demanding an opportunity of making a further explanation, shall have
the power, in his or her discretion, to rehear the explanation and any
new matter offered in further reply to the charges or complaint upon
which such person was dismissed from service. Such person shall be
required to waive, in writing, all claims against the city for back pay.
Such application for another opportunity to explain shall only be
presented to and granted by the officer who made the removal or such
officer's immediate successor, when the applicant for the further
explanation shall make it appear, by affidavit:
1. That on a further opportunity to explain, he or she can produce
such evidence as would probably have changed the decision if it had been
presented theretofore; and
2. If such evidence has been discovered since the previous
explanation, that it is not cumulative; and
3. That the failure to produce it at the first explanation was not
owing to want of diligence.
b. If upon the further explanation, the head of such agency shall
determine that such person has been illegally or unjustly dismissed, the
head of such agency may, in his or her discretion, and with the approval
in writing of the commissioner of citywide administrative services,
cause such person to be reinstated.
c. The consent of the mayor shall be required when reinstatement of an
applicant is made by the immediate successor of the removing official.
It shall be unlawful, however, for the immediate successor of the
removing official to reinstate an applicant who has been removed for
more than two years.
d. This section shall not apply to members of the uniformed forces
under the jurisdiction of the police commissioner and the fire
commissioner.
Section 12-107
§ 12-107 Publication of notice of appointments, removals, and changes
of salaries. Notice of all appointments and removals from office, and
all changes of salaries except those resulting from collective
bargaining or original jurisdiction adjustments, shall be transmitted
within one week after they are made, by the appointing agency or
department head, to and published within thirty days in the City Record,
indicating the name, title and salary of each individual appointed,
promoted, demoted, removed from office or whose services have otherwise
terminated, and whether an appointment is a "provisional appointment."
Section 12-108
§ 12-108 Overtime work by officers or employees and additional
compensation therefor. Notwithstanding the provisions of any other
statute, general, special or local, the mayor may authorize the head of
any agency to require any officer or employee in such agency or any
class or group of officers or employees in such agency to work in excess
of the maximum number of hours of employment prescribed for such officer
or employee or class or group of officers or employees by any statute,
general, special or local, provided that each such officer or employee
shall be paid overtime compensation for such work at not less than his
or her regular basic pay rate. The amounts received as overtime
compensation pursuant to the provisions of this section shall be
regarded as salary or compensation for the purposes of any pension or
retirement system of which the employee receiving such overtime
compensation is a member. Such overtime compensation shall not be
regarded as salary or compensation for the purpose of determining the
right to any increase of salary or any salary increment on account of
length of service or otherwise, nor shall the payment of such overtime
compensation be construed to constitute a promotion.
Section 12-109
§ 12-109 Activities of mayor and other officers of the city or of any
agency as officers or members of an educational corporation chartered by
the board of regents of the University of the state of New York to carry
out programs to encourage scholastic achievement by pupils within the
city. The provisions of sections eleven hundred and two thousand six
hundred four of the charter, section three of the general city law and
any other similar provision of law, general, special or local, or rule
or regulation or rule of law shall not apply to the mayor, the head of
any city department or of any agency, or any other officer of the city
or of any agency in respect to his or her activities as an officer or
member of an educational corporation chartered by the board of regents
of the University of the state of New York to carry out award, citation,
scholarship and other programs in cooperation with participating
colleges and universities designed to encourage scholastic achievement
on the part of pupils attending public, private and parochial schools
within the city of New York or to foster interest in the humanities and
the arts and to encourage participation in cultural programs.
Notwithstanding any other provision of law, general, special or local,
the mayor, the head of any department of the city or of any agency or
any other officer of the city or any agency may, during his or her term
of office, serve as an officer or member of such a corporation.
Section 12-110
§ 12-110 Annual disclosure.
a. Definitions. As used in this section:
1. The term "affiliated" shall mean a firm that is a subsidiary of
another firm, or two firms that have a parent in common, or two firms
with a stockholder in common who owns at least twenty-five per cent of
the shares of each such firm.
2. The term "agency" or "city agency" shall mean a city, county,
borough or other office, position, administration, department, division,
bureau, board, commission, authority, corporation, 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 city official, the board of
education, community boards, the health and hospitals corporation, the
New York city industrial development agency, the offices of the district
attorneys of the counties of Bronx, Kings, New York, Queens and
Richmond, and of the special narcotics prosecutor, the New York city
housing authority, and the New York city housing development
corporation, 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 or any advisory committee as that term is defined in
subdivision one of section twenty-six hundred one of the charter.
3. The term "business dealings" shall mean any transaction involving
the sale, purchase, rental, disposition or exchange of any goods,
services, or property, any license, permit, grant or benefit, and any
performance of or litigation with respect to any of the foregoing, but
shall not include any transaction involving a public servant's residence
or any ministerial matter.
4. The term "city" shall mean the city of New York and shall include
an agency of the city.
5. The term "conflicts of interest board" or "board" shall mean the
conflicts of interest board appointed pursuant to section twenty-six
hundred two of the New York city charter.
6. The term "domestic partners" shall mean persons who have a
registered domestic partnership, which shall include any partnership
registered pursuant to section 3-240 of the administrative code of the
city of New York.
7. The term "gift" shall mean anything of value for which a person
pays nothing or less than fair market value and may be in the form of
money, services, reduced interest on a loan, travel, travel
reimbursement, entertainment, hospitality, thing, promise, or in any
other form. "Gift" shall not include reimbursements.
8. The term "income" shall include, but not be limited to, salary from
government employment, income from other compensated employment whether
public or private, directorships and other fiduciary or advisory
positions, contractual arrangements, teaching income, partnership
income, lecture fees, consultant fees, bank and bond interest,
dividends, income derived from a trust, real estate rents, and
recognized gains from the sale or exchange of real or other property.
9. The term "independent body" shall mean any organization or group of
voters which nominates a candidate or candidates for office to be voted
for at an election, and which is not a political party as defined in
paragraph twelve of this subdivision.
10. The terms "local authority," "local public authority" or "city
public authority" shall be given the same meaning as the term "local
authority" is given in subdivision two of section two of the public
authorities law and shall include only such entities that have their
primary office in the city of New York.
11. The term "local political party official" shall mean:
(a) any chair of a county committee elected pursuant to section 2-112
of the election law, or his or her successor in office, who received
compensation or expenses, or both, from constituted committee or
political committee funds, or both, during the reporting period
aggregating thirty thousand dollars or more;
(b) that person (usually designated by the rules of a county committee
as the "county leader" or "chair of the executive committee") by
whatever title designated, who pursuant to the rules of a county
committee or in actual practice, possesses or performs any or all of the
following duties or roles, provided that such person received
compensation or expenses, or both, from constituted committee or
political committee funds, or both, during the reporting period
aggregating thirty thousand dollars or more:
(1) the principal political, executive and administrative officer of
the county committee;
(2) the power of general management over the affairs of the county
committee;
(3) the power to exercise the powers of the chair of the county
committee as provided for in the rules of the county committee;
(4) the power to preside at all meetings of the county executive
committee if such a committee is created by the rules of the county
committee or exists de facto, or any other committee or subcommittee of
the county committee vested by such rules with or having de facto the
power of general management over the affairs of the county committee at
times when the county committee is not in actual session;
(5) the power to call a meeting of the county committee or of any
committee or subcommittee vested with the rights, powers, duties or
privileges of the county committee pursuant to the rules of the county
committee, for the purpose of filling an office at a special election in
accordance with section 6-114 of the election law, for the purpose of
filling a vacancy in accordance with section 6-116 of such law or for
the purpose of filling a vacancy or vacancies in the county committee
which exist by reason of an increase in the number of election districts
within the county occasioned by a change of the boundaries of one or
more election districts, taking effect after the election of its
members, or for the purpose of determining the districts that the
elected members shall represent until the next election at which such
members of such committee are elected; provided, however, that in no
event shall such power encompass the power of a chair of an assembly
district committee or other district committee smaller than a county and
created by the rules of the county committee, to call a meeting of such
district committee for such purpose;
(6) the power to direct the treasurer of the party to expend funds of
the county committee; or
(7) the power to procure from one or more bank accounts of the county
committee the necessary funds to defray the expenses of the county
committee. The terms "constituted committee" and "political committee"
as used in this subparagraph shall have the same meanings as those
contained in section 14-100 of the election law.
12. The term "policymaking position" shall mean the position held by a
person charged with "substantial policy discretion" as referenced in
paragraphs twelve and fifteen of subdivision b of section twenty-six
hundred four of the New York city charter and as defined by rule of the
conflicts of interest board.
13. The term "political party" shall mean any political organization
which at the last preceding election for governor polled at least fifty
thousand votes for its candidate for governor.
14. The term "political organization" shall mean any political party
as defined in paragraph thirteen of this subdivision, or independent
body, as defined in paragraph nine of this subdivision, or any
organization that is affiliated with or a subsidiary of a party or
independent body.
15. The term "reimbursements" shall mean any travel-related expenses
provided by non-governmental sources, whether directly or as repayment,
for activities related to the reporting person's official duties, such
as speaking engagements, conferences, or fact-finding events, but shall
not include gifts.
16. The term "relative" shall mean the spouse, domestic partner,
child, stepchild, brother, sister, parent, or stepparent of the person
reporting, or any person whom the person reporting claimed as a
dependent on his or her most recently filed personal income tax return,
and each such relative's spouse or domestic partner.
17. The term "securities" shall mean bonds, mortgages, notes,
obligations, warrants and stocks of any class, investment interests in
limited or general partnerships and such other evidences of indebtedness
and certificates of interest as are usually referred to as securities.
18. The terms "state agency" and "local agency" shall be given the
same meanings as such terms are given in section eight hundred ten of
the general municipal law.
19. The term "unemancipated child" shall mean any son, daughter,
stepson or stepdaughter who is under age eighteen, unmarried and living
in the household of the person reporting at the time the person files
his or her annual disclosure report, and shall also include any son or
daughter of the spouse or domestic partner of such person who is under
age eighteen, unmarried and living in the household of the person
reporting at the time the person files his or her annual disclosure
report.
b. Persons required to file an annual disclosure report.
The following persons shall file with the conflicts of interest board
an annual disclosure report, in such form as the board shall determine,
disclosing certain financial interests as hereinafter provided. Reports
shall, except as otherwise provided by the board, be filed
electronically, in such form as the board may determine.
1. Elected and political party officials.
(a) Each elected officer described in sections four, twenty-four,
twenty-five, eighty-one, ninety-one and eleven hundred twenty-five of
the New York city charter, and each local political party official
described in paragraph eleven of subdivision a of this section, shall
file such report not later than such date designated by the conflicts of
interest board each year.
(b) A local political party official required to file a report
pursuant to subparagraph (a) of this paragraph who is also subject to
the financial disclosure filing requirements of subdivision two of
section seventy-three-a of the public officers law may satisfy the
requirements of paragraph one by filing with the conflicts of interest
board a copy of the statement filed pursuant to section seventy-three-a
of the public officers law, on or before the filing deadline provided in
such section seventy-three-a, notwithstanding the filing deadline
otherwise imposed by paragraph one of this subdivision.
2. Candidates for public office.
(a) Each person, other than any person described in paragraph one, who
has declared his or her intention to seek nomination or election and who
has filed papers or petitions for nomination or election, or on whose
behalf a declaration or nominating paper or petition has been made or
filed which has not been declined, for an office described in paragraph
one of subdivision b of this section shall file such report on or before
the last day for filing his or her designating petitions pursuant to the
election law.
(b) Each person, other than any person described in paragraph one, who
was a write-in candidate at the primary election for an office described
in paragraph one of subdivision b of this section and whose name is
thereafter entered in the nomination book at the board of elections,
shall file such report within twenty days after such primary election.
(c) Each person, other than any person described in paragraph one, who
has been designated to fill a vacancy in a designation or nomination for
an office described in paragraph one of subdivision b of this section
shall file such report within fifteen days after a certificate
designating such person to fill such vacancy is filed with the board of
elections, or within five days before the election for which the
certificate is filed, whichever is earlier.
(d) The conflicts of interest board shall obtain from the board of
elections lists of all candidates for the elected positions set forth
below, and from such lists, shall determine and publish lists of those
candidates who have not, within ten days after the required date for
filing such reports, filed the reports required by this section.
3. (a) The following categories of persons who had such status during
the preceding calendar year or up until the date of filing their annual
disclosure report shall be required to file a report not later than the
date designated by the conflicts of interest board each year:
(1) Each agency head, deputy agency head, assistant agency head, and
member of any board or commission who on the date designated by the
board for filing holds a policymaking position, as defined by rule of
the board and as annually determined by the head of his or her agency,
subject to review by the board;
(2) Each officer or employee of the city in the mayor's office, the
city council, a district attorney's office, the office of the special
narcotics prosecutor, or any other agency that does not employ M-level
mayor's management plan indicators for its managers, whose
responsibilities on the date designated by the board for filing involve
the independent exercise of managerial or policymaking functions or who
holds a policymaking position on such date, as defined by rule of the
board and as annually determined by the appointing authority of his or
her agency, subject to review by the board;
(3) Each officer or employee of the city, other than an officer or
employee of the city in the mayor's office, the city council, a district
attorney's office or the special narcotics prosecutor's office, who, on
the date designated by the board for filing, is paid in accordance with
the mayor's management pay plan at level M4 or higher, or who holds a
policymaking position on such date, as defined by rule of the board and
as annually determined by the head of his or her agency, subject to
review by the board;
(4) Each officer or employee of the city whose duties at any time
during the preceding calendar year involved the negotiation,
authorization or approval of contracts, leases, franchises, revocable
consents, concessions and applications for zoning changes, variances and
special permits, as defined by rule of the board and as annually
determined by his or her agency head, subject to review by the board.
(5) Each assessor required to file a report solely by reason of
section three hundred thirty-six of the real property tax law.
(6) Each of the following members, officers and employees of city
public authorities:
(i) Each member of the authority;
(ii) Each head, deputy head or assistant head of the authority;
(iii) Each officer and employee of the authority who on the date
designated by the board for filing holds a policymaking position, as
defined by rule of the board and as annually determined by the head of
his or her authority, subject to review by the board; and
(iv) Each officer or employee of the authority whose duties at any
time during the preceding calendar year involved the negotiation,
authorization or approval of contracts, leases, franchises, revocable
consents, concessions and applications for zoning changes, variances and
special permits, as defined by rule of the conflicts of interest board
and as annually determined by the head of his or her authority, subject
to review by the board.
(7) Any person required by New York state law to file an annual
disclosure report with the conflicts of interest board.
(b) Separation from service:
(1) Each person described in this paragraph shall, following
separation from service, file such report for the portion of the last
calendar year in which he or she served in his or her position within
sixty days of his or her separation from service or on or before the
date designated by the conflicts of interest board for filing pursuant
to subparagraph (a) of this paragraph, whichever is earlier, if such
person met the criteria of this subparagraph on his or her last day of
service. Each such person who leaves service prior to the date
designated by the board for filing pursuant to subparagraph (a) of this
paragraph shall also file a report for the previous calendar year within
sixty days of his or her separation from service or on or before such
date designated by the board, whichever is earlier.
(2) Each such person who is terminating or separating from service
shall not receive his or her final paycheck, and/or any lump sum payment
to which he or she may be entitled, until such person has complied with
the requirements of this section.
(3) Each elected officer and each local political party official
described in paragraph eleven of subdivision a of this section shall,
after leaving office, file such report for the previous calendar year,
if such officer or local political party official has not previously
filed such report, and shall file such report for the portion of the
last calendar year in which he or she served in office, within sixty
days of his or her last day in office or on or before the date
designated by the board for filing pursuant to subparagraph (a) of
paragraph one of this subdivision, whichever is earlier.
c. Procedures involving the filing of annual disclosure reports.
1. Each agency head or head of a city public authority shall file with
the conflicts of interest board, prior to the date required for the
filing of reports, a list of persons obligated to report pursuant to
this section.
2. Each agency head or head of a city public authority shall
determine, subject to review by the conflicts of interest board, which
persons within the agency or city public authority occupy positions that
are described in clauses three and four of subparagraph (a) of paragraph
three of subdivision b of this section, and shall, prior to the date on
which the filing of the report is required, inform such employees of
their obligation to report. The conflicts of interest board shall
promulgate rules establishing procedures whereby any employee may seek
review of the agency's or city public authority's determination that he
or she is required to report.
3. The speaker of the council, each district attorney and the special
narcotics prosecutor shall determine, subject to review by the conflicts
of interest board, which persons on their staff occupy positions that
are described in clause two of subparagraph (a) of paragraph three of
subdivision b of this section, and shall, prior to the date required for
the filing of the reports, inform such employees of their obligation to
report.
4. The conflicts of interest board shall promulgate rules establishing
procedures whereby a person required to file an annual disclosure report
may request an additional period of time within which to file such
report, due to justifiable cause or undue hardship. Such rules shall
include, but not be limited to, the establishment of a date beyond which
in all cases of justifiable cause or undue hardship no further extension
of time will be granted.
5. Any amendments and changes to an annual disclosure report made
after its filing shall be made on a form to be prescribed by the
conflicts of interest board. Amendments shall be made only by the person
who originally filed such report.
d. Information to be reported.
1. Officers and employees of the city; members of city boards and
commissions entitled to compensation; candidates for public office;
elected and political party officials. The report filed by officers and
employees of the city, members of city boards and commissions entitled
to compensation, candidates for public office, elected officials,
political party officials, and any other person required by state law to
file a report other than a person described by paragraph three or four
of this subdivision, shall contain the information required by this
paragraph on such form as the board shall prescribe. For purposes of
filing an annual disclosure report, members of the New York city housing
development corporation shall be deemed to be members of a city board or
commission entitled to compensation.
(a) List the name of the person reporting; his or her title or
position; the entity by which he or she is employed or from which he or
she receives compensation; his or her office address and telephone
number; list the marital status of the person reporting, and if married,
list the spouse's full name including maiden name where applicable;
indicate whether the person is a member of a domestic partnership, and
if so, list the partner's full name; list the names of all unemancipated
children.
(b) List any office, trusteeship, directorship, partnership, or
position of any nature including honorary positions, whether compensated
or not, held by the person reporting or his or her spouse or domestic
partner or unemancipated child with any firm, corporation, association,
partnership, or other organization other than the state of New York. Do
not list membership positions. If the listed entity was licensed or
regulated by any state or local agency, or engaged in business dealings
with, or had matters other than ministerial matters before, any state or
local agency, list the name of such agency.
(c) (1) List the name, address and description of any occupation,
trade, business, profession or employment, other than the employment
listed pursuant to paragraph one of this subdivision, engaged in by the
person reporting. If such employer or business was licensed or regulated
by any state or local agency, or engaged in business dealings with, or
matters other than ministerial matters before, any state or local
agency, list the name of any such agency.
(2) If the spouse, domestic partner or unemancipated child of the
person reporting was engaged in any occupation, employment, trade,
business or profession which activity was licensed or regulated by any
state or local agency, or engaged in business dealings with, or had
matters other than ministerial matters before, any state or local
agency, list the name, address and description of such occupation,
employment, trade, business or profession and the name of any such
agency.
(d) List any positions the person reporting held as an officer of any
political party or political organization, as a member of any political
party committee, or as a political party district leader.
(e) If the person reporting practices law, is licensed by the
department of state as a real estate broker or agent or practices a
profession licensed by the state department of education, give a general
description of the principal subject areas of matters undertaken by such
person. If the person reporting practices with a firm or corporation of
which he or she is a partner or shareholder, give a general description
of principal subject areas of matters undertaken by such firm or
corporation. Do not list the name of the individual clients, customers
or patients.
(f) (1) Describe the terms of, and the parties to, any agreement
providing for future payments or benefits to the person reporting by a
prior or current employer other than the city of New York. Such
description of an agreement shall include interests in or contributions
to a pension fund, profit-sharing plan, life or health insurance,
buy-out agreements or severance payments, etc.
(2) Describe the terms of, and the parties to, any contract, promise
or agreement between the person reporting and any person, firm or
corporation with respect to the future employment of such reporting
person.
(g) List the nature and amount of any income of one thousand dollars
or more from each source derived during the preceding calendar year, to
the person reporting or his or her spouse or domestic partner. Income
from a business or profession and real estate rents shall be reported
with the source identified by the building address in the case of real
estate rents and otherwise by the name of the entity and not by the name
of the individual customers, clients or tenants, with the aggregate net
income before taxes for each building address or entity. The receipt of
maintenance received in connection with a matrimonial action, alimony
and child support payments shall not be listed.
(h) List the source of each of the following items received or accrued
during the preceding calendar year by the person reporting:
(1) Any deferred income to be paid following the close of the calendar
year for which this disclosure statement is filed, other than any source
of income otherwise disclosed pursuant to subparagraph (a) of paragraph
nine of this subdivision, of one thousand dollars or more from each
source. Deferred income derived from the practice of a profession shall
be listed in the aggregate and shall be identified as to the source,
including the name of the firm, corporation, partnership or association
through which the income was derived, but shall not include individual
clients' identities.
(2) Reimbursement to the person reporting or his or her spouse or
domestic partner, for expenditures, excluding campaign expenditures and
expenditures in connection with official duties reimbursed by the city,
of one thousand dollars or more in each instance.
(3) Honoraria received by the person reporting or his or her spouse or
domestic partner from a single source in the aggregate amount of one
thousand dollars or more.
(4) Any gift, its value and nature, from any single source received by
the person reporting, his or her spouse or domestic partner or
unemancipated child, during the preceding calendar year, excluding gifts
from a relative, except as otherwise provided under the election law
covering campaign contributions. Gifts in the aggregate amount or value
of less than one thousand dollars from any single source shall not be
reported where, from the beginning of the reporting period until the
date the report is filed, the donor engaged in no business dealings with
the city. Gifts in the aggregate amount or value of less than fifty
dollars from any single source shall not be reported. The value of
separate gifts from the same or affiliated donors during the reporting
period shall be aggregated.
(i)(1) List the identity and value, if reasonably ascertainable, of
each interest in a trust, estate or beneficial interest held by the
person reporting or his or her spouse or domestic partner, including but
not limited to (1) retirement plans (other than retirement plans of the
state of New York or city of New York) and (2) deferred compensation
plans established in accordance with the internal revenue code, where
the person reporting or his or her spouse or domestic partner held a
beneficial interest of one thousand dollars or more during the preceding
calendar year. Do not report interests in an estate of a relative or
interests in a trust or other beneficial interest established by or for
a relative or by or for the estate of a relative.
(2) List each assignment of income of one thousand dollars or more,
and each transfer other than to a relative during the preceding calendar
year for less than fair consideration of an interest of one thousand
dollars or more, in a trust, estate, or other beneficial interest,
securities or real property, by the person reporting, which would
otherwise be required to be reported herein and is not or has not been
reported.
(j) List any interest of one thousand dollars or more, excluding bonds
and notes, held by the person reporting, his or her spouse or domestic
partner or the reporting person's unemancipated child, or partnership of
which any such person is a member, or corporation, ten per centum or
more of the stock of which is owned or controlled by any such person,
whether vested or contingent, in any contract made or executed by a
state or local agency. Include the name of the entity which holds such
interest and the relationship of the person reporting, or his or her
spouse or domestic partner or unemancipated child, to such entity and
the interest in such contract. Do not list any interest in any such
contract on which final payment has been made and all obligations under
the contract, except for guarantees and warranties, have been performed,
provided, however, that such an interest shall be listed if there has
been an ongoing dispute during the calendar year for which this
statement is filed with respect to any such guarantees or warranties. Do
not list any interest in a contract made or executed by a state agency
after public notice and pursuant to a process for competitive bidding or
a process for competitive requests for proposals.
(k) List the name, principal address and general description or the
nature of the business activity of any entity in which the person
reporting or his or her spouse or domestic partner or unemancipated
child had an investment of one thousand dollars or more, excluding
investments in securities and interests in real property.
(l) List the type and market value of securities held by the person
reporting or his or her spouse or domestic partner or unemancipated
child from each issuing entity, valued at one thousand dollars or more
at the close of the preceding calendar year, including the name of the
issuing entity, exclusive of securities held by the person reporting
issued by a professional corporation. Whenever an interest in securities
exists through a beneficial interest in a trust, the securities held in
such trust shall be listed only if the person reporting has knowledge
thereof, except where the person reporting or his or her spouse or
domestic partner has transferred assets to such trust for his or her
benefit; in that event the securities shall be listed unless they are
not ascertainable by the person reporting because the trustee is under
an obligation or has been instructed in writing not to disclose the
contents of the trust to the person reporting. Securities of which the
person reporting or his or her spouse or domestic partner is the owner
of record but in which he or she has no beneficial interest shall not be
listed. Where the person or his or her spouse or domestic partner holds
more than five per centum of the stock of a publicly held corporation or
more than ten per centum of a privately held corporation, percentage of
ownership shall be listed. List any securities owned for investment
purposes by a corporation more than fifty per centum of the stock of
which is owned or controlled by the person reporting or his or her
spouse or domestic partner. The market value for such securities shall
be reported only if reasonably ascertainable and shall not be reported
if the security is an interest in a general partnership that was listed
in subparagraph e of this subdivision or if the security is corporate
stock, not publicly traded, in a trade or business of the reporting
person or his or her spouse or domestic partner.
(m) List the location, size, general nature, acquisition date, market
value and percentage of ownership of any real property in which any
vested or contingent interest of one thousand dollars or more was held
by the person reporting or his or her spouse or domestic partner or
unemancipated child during the preceding calendar year. List real
property owned for investment purposes by a corporation more than fifty
per centum of the stock of which is owned or controlled by the person
reporting or his or her spouse or domestic partner. Do not list any real
property which is the primary or secondary personal residence of the
reporting person or his or her spouse or domestic partner, except where
there is a co-owner who is other than a relative.
(n) List the identity of each note or account receivable or other
outstanding loan in the amount of one thousand dollars or more held by
the person reporting or his or her spouse or domestic partner during the
preceding calendar year, including debts secured by a mortgage, and
other secured and unsecured debts. List the name of the debtor, type of
obligation, date due and the nature of the collateral, if any, securing
payment for each such debt. Debts, notes and accounts receivable owed to
the person reporting or his or her spouse or domestic partner by a
relative shall not be reported.
(o) List each creditor to whom the person reporting or his or her
spouse or domestic partner was indebted, for a period of ninety
consecutive days or more during the preceding calendar year, and each
such creditor to whom any debt was owed on the date of filing, in an
amount of five thousand dollars or more. Debts to be listed include real
estate mortgages and other secured and unsecured loans. If any
reportable liability has been guaranteed by any third person, list the
name of such guarantor. Do not list liabilities incurred by, or
guarantees made by, the person reporting or his or her spouse or
domestic partner or by any proprietorship, partnership or corporation in
which such person has an interest, when incurred or made in the ordinary
course of trade, business or professional practice of such person.
Include the name of the creditor and any collateral pledged by such
individual to secure payment of any such liability. Do not list any
liability to a relative or any obligation to pay maintenance in
connection with a matrimonial action, alimony or child support payments.
Revolving charge account information shall only be set forth if the
liability thereon is in excess of five thousand dollars for a period of
ninety consecutive days or more during the preceding calendar year, or
if the liability thereon is in excess of five thousand dollars as of the
time of filing. Any loan issued in the ordinary course of business by a
financial institution to finance educational costs, the cost of home
purchase or improvements for a primary or secondary residence, or
purchase of a personally owned motor vehicle, household furniture or
appliances shall be excluded.
(p) The name, title, and position of any relative of the person
reporting who holds a position, whether paid or unpaid, with the city;
the city agency with which such position is held; and the relationship
between such relative and the person reporting.
(q) Whenever a "value" or "amount" is required to be reported pursuant
to this section, such value or amount shall be reported as being within
one of the following categories: (a) at least one thousand dollars but
less than five thousand dollars; (b) at least five thousand dollars but
less than thirty-two thousand dollars, or such other amount as the
conflicts of interest board shall set pursuant to subdivision sixteen of
section twenty-six hundred one and subdivision a of section twenty-six
hundred three of the charter; (c) at least thirty-two thousand dollars,
or such other amount as the conflicts of interest board shall set
pursuant to subdivision sixteen of section twenty-six hundred one and
subdivision a of section twenty-six hundred three of the charter, but
less than sixty thousand dollars; (d) at least sixty thousand dollars
but less than one hundred thousand dollars; (e) at least one hundred
thousand dollars but less than two hundred fifty thousand dollars; (f)
at least two hundred fifty thousand dollars but less than five hundred
thousand dollars; and (g) five hundred thousand dollars or more.
2. Uncompensated members of boards and commissions of the city. The
report required to be filed by a person who is a member of a city board
or commission and is not entitled to compensation for such service shall
contain the information required by this paragraph on such form as the
board shall prescribe. For purposes of filing an annual disclosure
report, members of the New York city housing development corporation
shall be deemed to be compensated members of a city board or commission
who are required to file an annual disclosure report in accordance with
paragraph one of subdivision d of this section.
(a) The name of the person reporting; each of his or her city board,
commission or agency titles and positions; his or her city employee
identification number, if any; his or her office address, email address,
if any, and telephone number; his or her home address, personal email
address, if any, and home telephone number; whether he or she has a
spouse or domestic partner and, if so, the full name of such spouse or
domestic partner; and the names of all unemancipated children.
(b) The location, size, and general nature of any residential,
commercial, retail or industrial real property that is owned by, rented
to or rented by the person reporting, or his or her spouse or domestic
partner or unemancipated child. Only real property that is within the
city of New York shall be reported. Residential property in which the
person reporting or a relative resides shall not be reported. For other
residential property, only the borough, city (if outside New York city),
town, or village shall be reported.
(c) The name of each employer or business, other than the city of New
York, from which the person reporting or his or her spouse or domestic
partner or unemancipated child received, during the reporting period,
compensation for services performed or for goods sold or produced or as
a member, officer, director, or employee. The name of individual
clients, customers or patients shall not be reported, nor shall any
business in which the reporting person or his or her spouse or domestic
partner or unemancipated child was an investor only. The nature of the
business shall also be identified, as well as the relationship between
the reporting person or his or her spouse, domestic partner, or
unemancipated child and the employer or business (owner, partner,
officer, director, member, employee, and/or shareholder). An employer or
business shall not be reported where, from the beginning of the
reporting period until the date the report is filed, the employer or
business engaged in no business dealings with the agency of which the
person reporting is a board or commission member.
(d) The name of any entity in which the person reporting or his or her
spouse or domestic partner or unemancipated child has an interest that
exceeds five percent of the firm or an investment of ten thousand
dollars, whichever is less. The nature of the business and the type of
business shall also be identified. An entity shall not be reported
where, from the beginning of the reporting period until the date the
report is filed, the entity engaged in no business dealings with the
agency of which the person reporting is a board or commission member.
(e) Gifts having a value of fifty dollars or more received by the
person reporting or his or her spouse or domestic partner or
unemancipated child during the reporting period, including the recipient
of the gift, the donor of the gift, the relationship between the
recipient and the donor, and the nature of the gift. The value of
separate gifts from the same or affiliated donors during the reporting
period shall be aggregated.
A gift shall not be reported where (i) the gift is from a relative; or
(ii) from the beginning of the reporting period until the date the
report is filed, the donor engaged in no business dealings with the
agency of which the person reporting is a board or commission member; or
(iii) the gift consists of attendance, including meals and refreshments,
at a meeting, public affair, function, or occasion and complies with the
rules of the board governing the acceptance of such attendance, meals,
or refreshments.
3. Members, officers and employees of city public authorities. The
report required to be filed by a person pursuant to subdivision three of
section twenty-eight hundred twenty-five of the public authorities law
shall contain the following information:
(a) The name of the person reporting; the name of the city public
authority of which the person reporting is a board member, officer or
employee; his or her title and position with such entity; any city title
and position that he or she holds; any city agency of which the person
reporting is a member, officer or employee; his or her city employee
identification number, if any; his or her office address, email address,
if any, and telephone number; his or her home address, personal email
address, if any, and home telephone number; whether he or she has a
spouse or domestic partner and, if so, the full name of such spouse or
domestic partner; and the names of all unemancipated children.
(b) The location, size, and general nature of any residential,
commercial, retail or industrial real property that is owned by, rented
to or rented by the person reporting, or his or her spouse or domestic
partner or unemancipated child. Only real property that is within the
city of New York shall be reported. Residential property in which the
person reporting or a relative resides shall not be reported. For other
residential property, only the borough, city (if outside New York city),
town, or village shall be reported.
(c) The name of each employer or business, other than the city of New
York, from which the person reporting or his or her spouse or domestic
partner or unemancipated child received, during the reporting period,
compensation for services performed or for goods sold or produced or as
a member, officer, director, or employee. The name of individual
clients, customers or patients shall not be reported, nor shall any
business in which the reporting person or his or her spouse or domestic
partner or unemancipated child was an investor only. The nature of the
business shall also be identified, as well as the relationship between
the reporting person or his or her spouse, domestic partner, or
unemancipated child and the employer or business (owner, partner,
officer, director, member, employee, and/or shareholder). An employer or
business shall not be reported where, from the beginning of the
reporting period until the date the report is filed, the employer or
business engaged in no business dealings with the local public authority
of which the person reporting is a board member, officer or employee.
(d) The name of any entity in which the person reporting or his or her
spouse or domestic partner or unemancipated child has an interest that
exceeds five percent of the firm or an investment of ten thousand
dollars, whichever is less. The nature of the business and the type of
business shall also be identified. An entity shall not be reported
where, from the beginning of the reporting period until the date the
report is filed, the entity engaged in no business dealings with the
local public authority of which the person reporting is a board member,
officer or employee.
(e) Gifts having a value of fifty dollars or more received by the
person reporting or his or her spouse or domestic partner or
unemancipated child during the reporting period, including the recipient
of the gift, the donor of the gift, the relationship between the
recipient and the donor, and the nature of the gift. The value of
separate gifts from the same or affiliated donors during the reporting
period shall be aggregated.
A gift shall not be reported where (i) the gift is from a relative; or
(ii) from the beginning of the reporting period until the date the
report is filed, the donor engaged in no business dealings with the
local public authority of which the person reporting is a board member,
officer or employee; or (iii) the gift consists of attendance, including
meals and refreshments, at a meeting, public affair, function, or
occasion and complies with the rules of the board governing the
acceptance of such attendance, meals, or refreshments.
4. Tax assessors. The report required to be filed by a person pursuant
to section three hundred thirty-six of the real property tax law shall
be on the form prescribed by such law.
5. Filers in multiple filing categories. If a person is required to
file an annual disclosure report by more than one paragraph of
subdivision b of this section, he or she shall file the most
comprehensive report of those required by paragraphs one through four of
this subdivision. The most comprehensive report shall be deemed to be
the report required by paragraph one of this subdivision; the second
most comprehensive report shall be deemed to be the report required by
paragraph four of this subdivision; and the third most comprehensive
report shall be deemed to be the report required by paragraphs two and
three of this subdivision.
e. Public inspection of reports and privacy considerations.
Information filed in reports required by this section shall be
maintained by the conflicts of interest board and shall be made
available for public inspection, upon written request on such form as
the board shall prescribe, subject to the following provisions:
1. Privacy, safety and security requests.
(a) Any person required to file a report pursuant to this section may,
at the time the report is filed or at any time thereafter, except when a
request for inspection is pending, submit a request to the conflicts of
interest board, in such form as the board shall require, to withhold any
item disclosed therein from public inspection on the ground that the
inspection of such item by the public would constitute an unwarranted
invasion of his or her privacy or a risk to the safety or security of
any person. Such request shall be in writing and shall be in such form
as the conflicts of interest board shall prescribe and shall set forth
the reason such person believes the item should not be disclosed.
(b) The conflicts of interest board shall evaluate such request and
any such item shall be withheld from public inspection upon a finding by
the board that the inspection of such item by the public would
constitute an unwarranted invasion of privacy or a risk to the safety or
security of any person. In making this determination, the board shall
consider the following factors:
(1) whether the item is of a highly personal nature;
(2) whether the item in any way relates to the duties of the positions
held by such person, including whether there are security or safety
issues relating to such duties;
(3) whether the disclosure poses a risk to the security or safety of
the reporting person or any other individual;
(4) whether the item involves an actual or potential conflict of
interest.
(c) The conflicts of interest board shall provide a written
notification of the board's determination to the person who requested
that information be withheld from public inspection and shall not
release the information subject to the request until at least ten days
after mailing of the notification. Such notification shall advise the
person of his or her right to seek review of such determination by the
supreme court of the state of New York and that the conflicts of
interest board will not release the information subject to the request
until ten days after the mailing of the notification.
(d) Any information regarding any financial interests of the spouse,
domestic partner or an unemancipated child of a person filing in which
the person filing has no financial interest shall be withheld from
public inspection, except the information disclosed pursuant to
subparagraph (p) of paragraph one of subdivision d of this section, as
an unwarranted invasion of privacy unless the conflicts of interest
board determines that such information involves an actual or potential
conflict of interest on the part of the person filing, subject to the
factors set forth in subparagraph (b) of paragraph one of this
subdivision.
(e) Whether or not a person required to file a report pursuant to this
section has submitted a request for privacy, the conflicts of interest
board may upon its own initiative grant privacy as to any information
contained in such person's report upon a finding by the board that the
release of such information would constitute a risk to the safety or
security of any person.
(f) Where a person required to file a report pursuant to this section
files an amendment to a previously submitted report, both the original
submission and the amendment shall be available for public inspection,
subject to the provisions of this subdivision.
(g) The conflicts of interest board shall establish procedures
governing the withholding of information on the ground of privacy. Such
procedures shall include provision for the person who filed the
information to appear in person to set forth, or submit a written
statement setting forth, the reasons why the information should be
withheld from public inspection.
2. Requests to examine reports.
Whenever pursuant to this section the conflicts of interest board
produces a report for public inspection, the board shall notify the
person who filed the report of the production and of the identity of the
person to whom such report was produced, except that no such
notification shall be required if the request to examine the report is
made by the department of investigation or any governmental unit, or
component thereof, which performs as one of its principal functions any
activity pertaining to the enforcement of criminal laws, provided that
such report is requested solely for a law enforcement function. Nothing
in this section shall preclude the conflicts of interest board from
disclosing any and all information in an annual disclosure report to the
department of investigation or any other governmental unit, or component
thereof, which performs as one of its principal functions any activity
pertaining to the enforcement of criminal laws, provided that such
report is requested solely for a law enforcement function.
f. Retention of reports. Reports filed pursuant to this section shall
be retained by the conflicts of interest board for a period of two years
following the termination of the public employment or service of the
person who filed the report. In the case of candidates for office who
have filed reports pursuant to this section and who were not elected,
the reports shall be retained by the board for a period of two years
following the day of an election on which the candidates were defeated.
Notwithstanding the foregoing, the board, in consultation with the
department of records and information services and the department of
investigation, may establish by rule a different period or periods of
retention of annual disclosure reports which takes into account the need
for efficient records management and the need to retain such reports for
a reasonable period for investigatory and other purposes. Such reports
shall thereafter be destroyed by the board unless a request for public
disclosure of an item contained in such report is pending. In lieu of
the destruction of such reports, the board, in its discretion, may
establish procedures providing for their return to the persons who filed
them.
g. Penalties.
1. Any person required to file a report pursuant to this section who
has not so filed at the end of one week after the date required for
filing shall be subject to a fine of not less than two hundred fifty
dollars or more than ten thousand dollars. Factors to be considered by
the conflicts of interest board in determining the amount of the fine
shall include but not be limited to the person's failure in prior years
to file a report in a timely manner, and the length of the delay in
filing. In addition, within two months after the date required for
filing, the conflicts of interest board shall inform the appropriate
agency and the commissioner of investigation of the failure to file of
any such person.
2. Any intentional violation of the provisions of this section,
including but not limited to failure to file, failure to include assets
or liabilities, and misstatement of assets or liabilities, shall
constitute a misdemeanor punishable by imprisonment for not more than
one year or by a fine not to exceed one thousand dollars, or by both,
and shall constitute grounds for imposition of disciplinary penalties,
including removal from office in the manner provided by law. In
addition, any intentional violation of the provisions of this section
may subject the person reporting to assessment by the conflicts of
interest board of a civil penalty in an amount not to exceed ten
thousand dollars.
3. Any intentional and willful unlawful disclosure of confidential
information that is contained in a report filed in accordance with this
section, by a city officer or employee or by any other person who has
obtained access to such a report or confidential information contained
therein, shall constitute a misdemeanor punishable by imprisonment for
not more than one year or a fine not to exceed one thousand dollars, or
by both, and shall constitute grounds for imposition of disciplinary
penalties, including removal from office or position in the manner
provided by law.
4. The conflicts of interest board shall establish procedures
governing the receipt of complaints alleging a violation of this
section.
Section 12-111
§ 12-111 Contracts awarded in absence of appropriation. a. It shall be
unlawful for any agency to incur any expense unless an appropriation
shall have been previously made covering such expense.
b. Bids for any contract may be made and opened without an
appropriation therefor, but such contract shall be awarded only after a
sufficient appropriation therefor is secured. But any contract for the
purchase of fuels, printing, stationery, books and other supplies
required for daily or continuous use or for supplies, materials and
equipment needed for use immediately after the beginning of the next
succeeding fiscal year, may be awarded before any appropriation is made,
provided that such contract shall not be for a longer period than one
year.
Section 12-112
§ 12-112 Council; violations of law by members of. Any member of the
council, who shall vote for any appropriation unauthorized by law or in
excess of the amount authorized by law, or for any illegal or injurious
disposition of corporate property or rights, shall be guilty of a
misdemeanor and liable to the punishment and penalties prescribed
therefor; and every member voting in favor thereof shall be individually
liable to refund the amounts to the city at the suit of any citizen and
taxpayer.
Section 12-113
§ 12-113 Protection of sources of information. a. Definitions. For
purposes of this section:
1. "Adverse personnel action" shall include dismissal, demotion,
suspension, disciplinary action, negative performance evaluation, any
action resulting in loss of staff, office space or equipment or other
benefit, failure to appoint, failure to promote, or any transfer or
assignment or failure to transfer or assign against the wishes of the
affected officer or employee.
2. "Remedial action" means an appropriate action to restore the
officer or employee to his or her former status, which may include one
or more of the following:
(i) reinstatement of the officer or employee to a position the same as
or comparable to the position the officer or employee held or would have
held if not for the adverse personnel action, or, as appropriate, to an
equivalent position;
(ii) reinstatement of full seniority rights;
(iii) payment of lost compensation; and
(iv) other measures necessary to address the effects of the adverse
personnel action.
3. "Commissioner" shall mean the commissioner of investigation.
4. "Child" shall mean any person under the age of nineteen, or any
person ages nineteen through twenty-one if such person receives
instruction pursuant to an individualized education plan.
5. "Educational welfare" shall mean any aspect of a child's education
or educational environment that significantly impacts upon such child's
ability to receive appropriate instruction, as mandated by any relevant
law, rule, regulation or sound educational practice.
6. "Superior officer" shall mean an agency head, deputy agency head or
other person designated by the head of the agency to receive a report
pursuant to this section, who is employed in the agency in which the
conduct described in such report occurred.
7. "Contract" shall mean any written agreement, purchase order or
instrument having a value in excess of one hundred thousand dollars
pursuant to which a contracting agency is committed to expend or does
expend funds in return for work, labor, services, supplies, equipment,
materials, or any combination of the foregoing, and shall include a
subcontract between a covered contractor and a covered subcontractor.
Such term shall not include contracts or subcontracts resulting from
emergency procurements or that are government-to-government
procurements.
8. "Contracting agency" shall mean a city, county, borough, or other
office, position, administration, department, division, bureau, board or
commission, or a corporation, institution or agency of government, the
expenses of which are paid in whole or in part from the city treasury.
9. "Covered contractor" shall mean a person or business entity who is
a party or a proposed party to a contract with a contracting agency
valued in excess of one hundred thousand dollars, and "covered
subcontractor" shall mean a person or entity who is a party or a
proposed party to a contract with a covered contractor valued in excess
of one hundred thousand dollars.
10. "Officers or employees of an agency of the city" shall be deemed
to include officers or employees of local development corporations or
other not-for-profit corporations that are parties to contracts with
contracting agencies and the governing boards of which include city
officials acting in their official capacity or appointees of city
officials. Such officers and employees shall not be deemed to be
officers or employees of a covered contractor or covered subcontractor.
b. 1. No officer or employee of an agency of the city shall take an
adverse personnel action with respect to another officer or employee in
retaliation for his or her making a report of information concerning
conduct which he or she knows or reasonably believes to involve
corruption, criminal activity, conflict of interest, gross mismanagement
or abuse of authority by another city officer or employee, which
concerns his or her office or employment, or by persons dealing with the
city, which concerns their dealings with the city, (i) to the
commissioner, or (ii) to a council member, the public advocate or the
comptroller, who shall refer such report to the commissioner. For
purposes of this subdivision, an agency of the city shall be deemed to
include, but not be limited to, an agency the head or members of which
are appointed by one or more city officers, and the offices of elected
city officers.
2. No officer or employee of a covered contractor or covered
subcontractor shall take an adverse personnel action with respect to
another officer or employee of such contractor or subcontractor in
retaliation for such officer or employee making a report of information
concerning conduct which such officer or employee knows or reasonably
believes to involve corruption, criminal activity, conflict of interest,
gross mismanagement or abuse of authority by any officer or employee of
such contractor or subcontractor, which concerns a contract with a
contacting agency, (i) to the commissioner, (ii) to a council member,
the public advocate or the comptroller, who shall refer such report to
the commissioner, or (iii) to the city chief procurement officer, agency
chief contracting officer, or agency head or commissioner of the
contracting agency, who shall refer such report to the commissioner.
3. Every contract or subcontract in excess of one hundred thousand
dollars shall contain a provision detailing the provisions of paragraph
two of this subdivision and of paragraph two of subdivision e of this
section.
4. Upon request, the commissioner, council member, public advocate or
comptroller receiving the report of alleged adverse personnel action
shall make reasonable efforts to protect the anonymity and
confidentiality of the officer or employee making such report.
5. No officer or employee of an agency of the city shall take an
adverse personnel action with respect to another officer or employee in
retaliation for his or her making a report of information concerning
conduct which he or she knows or reasonably believes to present a
substantial and specific risk of harm to the health, safety or
educational welfare of a child by another city officer or employee,
which concerns his or her office or employment, or by persons dealing
with the city, which concerns their dealings with the city, (i) to the
commissioner, (ii) to a council member, the public advocate, the
comptroller or the mayor, or (iii) to any superior officer.
c. An officer or employee (i) of an agency of the city, or (ii) of a
public agency or public entity subject to the jurisdiction of the
commissioner pursuant to chapter thirty-four of the charter who believes
that another officer or employee has taken an adverse personnel action
in violation of subdivision b of this section may report such action to
the commissioner.
d. 1. Upon receipt of a report made pursuant to subdivision c of this
section, the commissioner shall conduct an inquiry to determine whether
retaliatory adverse personnel action has been taken.
2. Within fifteen days after receipt of an allegation pursuant to
subdivision c of this section of a prohibited adverse personnel action,
the commissioner shall provide written notice to the officer or employee
making the allegation that the allegation has been received by the
commissioner. Such notice shall include the name of the person in the
department of investigation who shall serve as a contact with the
officer or employee making the allegation.
3. Upon the completion of an investigation initiated under subdivision
c of this section, the commissioner shall provide a written statement of
the final determination to the officer or employee who complained of the
retaliatory adverse personnel action. The statement shall include the
commissioner's recommendations, if any, for remedial action, or shall
state the commissioner has determined to dismiss the complaint and
terminate the investigation.
e. 1. Upon a determination that a retaliatory adverse personnel action
has been taken with respect to an officer or employee of an agency of
the city in violation of paragraph one or five of subdivision b of this
section, the commissioner shall without undue delay report his or her
findings and, if appropriate, recommendations to the head of the
appropriate agency or entity, who (i) shall determine whether to take
remedial action and (ii) shall report such determination to the
commissioner in writing. Upon a determination that the agency or entity
head has failed to take appropriate remedial action, the commissioner
shall consult with the agency or entity head and afford the agency or
entity head reasonable opportunity to take such action. If such action
is not taken, the commissioner shall report his or her findings and the
response of the agency or entity head (i) if the complainant was
employed by an agency the head or members of which are appointed by the
mayor, to the mayor, (ii) if the complainant was employed by a
non-mayoral agency of the city, to the city officer or officers who
appointed the agency head, or (iii) if the complainant was employed by a
public agency or other public entity not covered by the preceding
categories but subject to the jurisdiction of the commissioner pursuant
to chapter thirty-four of the charter, to the officer or officers who
appointed the head of the public agency or public entity, who shall take
such action as is deemed appropriate.
2. Any officer or employee of a covered contractor or covered
subcontractor who believes that he or she has been the subject of an
adverse personnel action in violation of paragraph two of subdivision b
shall be entitled to bring a cause of action against such covered
contractor or covered subcontractor to recover all relief necessary to
make him or her whole. Such relief may include but shall not be limited
to: (i) an injunction to restrain continued retaliation, (ii)
reinstatement to the position such employee would have had but for the
retaliation or to an equivalent position, (iii) reinstatement of full
fringe benefits and seniority rights, (iv) payment of two times back
pay, plus interest, and (v) compensation for any special damages
sustained as a result of the retaliation, including litigation costs and
reasonable attorneys' fees. An officer or employee described in this
paragraph may bring an action in any court of competent jurisdiction for
such relief. An officer or employee who brings a cause of action
pursuant to this paragraph shall notify the agency chief contracting
officer or agency head or commissioner of the contracting agency of such
action; provided, however, that failure to provide such notice shall not
be a jurisdictional defect, and shall not be a defense to an action
brought pursuant to this paragraph. This paragraph shall not be deemed
to create a right of action against the city, any public agency or other
public entity, or local development corporations or not-for-profit
corporations the governing boards of which include city officials acting
in their official capacity or appointees of city officials, nor shall
any such public agency, entity or corporation be made a party to an
action brought pursuant to this subdivision.
f. Nothing in this section shall be construed to limit the rights of
any officer or employee with regard to any administrative procedure or
judicial review, nor shall anything in this section be construed to
diminish or impair the rights of a public employee or employer under any
law, rule, regulation or collective bargaining agreement or to prohibit
any personnel action which otherwise would have been taken regardless of
any report of information made pursuant to this section.
g. Violation of this section may constitute cause for administrative
penalties.
h. The commissioner shall conduct ongoing public education efforts as
necessary to inform employees and officers of covered agencies and
contractors of their rights and responsibilities under this section.
i. Not later than October thirty-first of each year, the commissioner
shall prepare and forward to the mayor and the council a report on the
complaints governed by this section during the preceding fiscal year.
The report shall include, but not be limited to, the number of
complaints received pursuant to this section, and the disposition of
such complaints.
Section 12-114
§ 12-114 Fees paid to city. a. Every officer of the city government
shall be paid a fixed salary and all fees, percentages or commissions or
other money paid to such officer in his or her official capacity, shall
be the property of the city. All sums so received, including sums
received for licenses or permits, shall be paid over not later than the
next succeeding business day after receipt thereof, except as otherwise
provided by law, to the commissioner of finance without deduction.
b. Each such officer who shall receive any fees, perquisites,
commissions or percentages, or money paid to such officer in his or her
official capacity, or any other money which should be paid over to the
city, shall make a detailed return to the comptroller, under oath, and
in such form as the comptroller shall prescribe, showing the amount of
all such fees, commissions, percentages, perquisites and money received
by him or her since the last preceding statement and return, and showing
when, from whom and for what reason such money was received.
c. The comptroller may require any such officer to make such statement
and return to him or her, if it has not been made as herein provided,
and he or she shall order the commissioner of finance to withhold the
salary of such officers until such return is produced, and upon the
production of said return the comptroller shall immediately issue a
release to the commissioner of finance for the salary so withheld.
d. This section shall not apply to city marshals.
Section 12-115
§ 12-115 Civil rights protected. Nothing in the code contained shall
affect any rights given or secured by section fifteen of the civil
rights law.
Section 12-116
§ 12-116 Certificates of appointment. Every person who shall be
appointed or elected to any office in any agency shall receive a
certificate of appointment, designating the term for which such person
has been appointed or elected.
Section 12-117
§ 12-117 Official oath. Every person elected or appointed to any
office in any agency of the city, shall within five days after notice of
such election or appointment, take and subscribe, before the mayor, any
judge of a court of record, the appointing officer or the city clerk, an
oath or affirmation faithfully to perform the duties of his or her
office. Such oath or affirmation shall be filed in the office of the
city clerk.
Section 12-118
§ 12-118 Appropriations for contesting office to be made for
prevailing party only. An appropriation or payment for the contesting of
the office of mayor or any seat in the council or office in any
department, or the office of any officer whose salary is paid from the
city treasury, shall be made only to the prevailing party. Such
appropriations or payment shall be made to the prevailing party only
upon the written certificate of the corporation counsel and of the
presiding justice of the appellate division of the first department of
the supreme court, certifying who is the prevailing party, and the value
of the services rendered in the case.
Section 12-119
§ 12-119 Definitions. As used in sections 12-120 and 12-121 of this
subchapter:
a. The word "residence" means domicile and the word "resident" means
domiciliary.
b. The term "city service" means service as an employee of the city or
of any agency thereof other than service in a position which is exempted
from municipal residence requirements pursuant to the public officers
law or any other state law.
Section 12-120
§ 12-120 Residency requirements. a. Except as otherwise provided in
section 12-121, any person who enters city service on or after September
first nineteen hundred eighty-six (i) shall be a resident of the city on
the date that he or she enters city service or shall establish city
residence within ninety days after such date and (ii) shall thereafter
maintain city residence as a condition of employment. Failure to
establish or maintain city residence as required by this section shall
constitute a forfeiture of employment; provided, however, that prior to
dismissal for failure to establish or maintain city residence an
employee shall be given notice of and the opportunity to contest the
charge that his or her residence is outside the city.
b. Notwithstanding subdivision a of this section, employees who have
completed two years of city service shall be deemed to be in compliance
with the residency requirements of this section if they are residents of
Nassau, Westchester, Suffolk, Orange, Rockland or Putnam county;
provided, however, that
(i) the mayor may require deputy mayors, heads of mayoral agencies as
defined in section 385 of the charter, deputy commissioners, assistant
commissioners and general counsels of such agencies to have completed
more than two years of city service to be in compliance with the
residency requirements of this section,
(ii) the speaker of the council may require the council's chief of
staff, deputy chiefs of staff, general counsel and division directors to
have completed more than two years of city service to be in compliance
with the residency requirements of this section,
(iii) the comptroller may require the chief of staff, deputy
comptrollers, assistant comptrollers and general counsel to have
completed more than two years of city service to be in compliance with
the residency requirements of this section,
(iv) the borough presidents may require their chiefs of staff, deputy
borough presidents and general counsels to have completed more than two
years of city service to be in compliance with the residency
requirements of this section, and
(v) the public advocate may require the chief of staff, deputy
advocates and general counsel to have completed more than two years of
city service to be in compliance with the residency requirements of this
section.
Section 12-121
§ 12-121 Exceptions to residence requirements. a. The commissioner of
citywide administrative services on his or her own initiative or upon
application of the head of an agency may certify that there is
difficulty in the recruitment of personnel for a position and that to
restrict recruitment for such position to persons who meet the residency
requirements of section 12-120 based on their residence or their
willingness to establish residence consistent with such requirements
would not be in the public interest. Persons appointed to positions so
certified by the commissioner shall not be required to establish or
maintain residence consistent with the requirements of such section as a
condition of employment while in service in that position. Each agency
head may make application to the commissioner, in such form as the
commissioner shall prescribe, for the certification of positions within
the agency head's jurisdiction. The commissioner may certify such
positions subject to such limitations and conditions as the commissioner
may deem appropriate. Notwithstanding the foregoing provisions,
positions in the city council may be so certified by the speaker of the
city council. Copies of all certifications of the commissioner and the
speaker shall be filed with the city clerk and shall be subject to
annual review by the commissioner and speaker.
b. Residence in the city or Nassau, Westchester, Suffolk, Orange,
Rockland or Putnam county shall not be required as a condition of
employment for:
(1) persons appointed to the position of chaplain; or
(2) employees whose regular work site is outside the city; or
(3) employees who have performed functions at a regular work site
outside the city, where the city has reduced or terminated, or is in the
process of reducing or terminating, the direct performance by city
employees of such functions at such site, and the city seeks to
transfer, reassign, or appoint such employees to positions located
within the city. This paragraph shall apply only where the commissioner
of citywide administrative services finds that it is in the public
interest to waive the residence requirement for reasons including, but
not limited to, facilitating the operations of the affected agency or
agencies or furthering the interests of employee relations.
c. City residence shall not be required as a condition of employment
for campus peace officers level I, level II and level III, as defined by
subdivision twenty-seven of section 2.10 of the criminal procedure law,
employed by the city university of New York before the effective date of
this subdivision.
Section 12-122
§ 12-122 Temporary transfer of employees. Whenever the mayor shall
determine that there is such an accumulation of work in any agency, the
performance of which work will impose upon the regular employees thereof
unreasonable and unwarranted burden, the mayor, upon application by the
head of such agency, and with the consent of the commissioner of
citywide administrative services, may assign to it for temporary
employment, employees from any other agency, with the consent of the
head thereof. Such transfer shall be for a limited period to be stated
in the order of the mayor and may be extended if the mayor shall so
determine. Such transfer shall not in any way affect the civil service
standing, continuity of service, right to pension, grade or compensation
of an employee so transferred.
Section 12-123
§ 12-123 Authorizing leaves of absence with pay, for employees of the
city to attend conventions, encampments, or parades. The mayor is hereby
empowered to authorize the head of any agency, in the mayor's
discretion, to grant to an employee in any such agency, including per
diem employees, a leave of absence with pay for the purpose of attending
a convention, encampment or parade of any organization composed of
veterans of the wars in which the United States has participated, or a
convention of any firefighter's association or other organization
composed of active or exempt volunteer firefighter, if such employee is
a member of such organization or association, and does actually attend
such convention, encampment or parade.
Section 12-124
§ 12-124 Payment of salaries; exceptions. The salary of every officer
or employee paid out of the city treasury who is unable to devote full
time to the performance of such person's regular duties by reason of his
or her attendance as a delegate at a constitutional convention shall be
paid, notwithstanding such person's inability to devote full time to his
or her regular duties.
Section 12-124.1
§12-124.1 Electronic pay stubs. a. The pay stub of each city employee
receiving direct deposit shall be made available to such employee in
electronic format which shall be printable by such employee.
b. Each such city employee shall have access to such electronic pay
stub through a secure password-protected website, which can be accessed
remotely from a computer terminal or kiosk with intranet and/or internet
access in compliance with any local, state and federal laws, regulations
and rules, including those dealing with privacy protection. Every city
agency shall make reasonable accommodations to provide computer
terminals and/or kiosks with intranet and/or internet access for city
employees employed by such agency to access such employee's electronic
pay stub and shall permit said employees to access such pay stub as an
incidental use.
c. Any city employee who does not wish to receive an electronic pay
stub pursuant to subdivision a of this section may request that a
printed paper copy of such employee's pay stub be prepared and forwarded
to such employee.
d. No later than September 1, 2008, the executive director of payroll
administration, in collaboration with the commissioner of citywide
administrative services, or his or her respective designee, shall
establish and report to the council a plan regarding staggered
implementation cycles for all city agencies to comply with the
provisions of this local law by December 31, 2009. Such plan shall
include, but not be limited to, a phase-in period during which city
employees receive their respective pay stubs in both electronic and
printed paper copy format and have the opportunity to request such pay
stubs in printed paper copy format pursuant to subdivision c of this
section.
e. Any obligation to prepare an electronic version of a city
employee's pay stub pursuant to subdivision a of this section shall not
negate or diminish any other obligation to furnish such employee with a
W-2 wage and tax statement in accordance with federal laws and
regulations.
f. For the purposes of this section, the following terms shall have
the following meanings:
(1) "city employee" shall include elected officials of the city of New
York and employees of such officials, including employees of mayoral
agencies, provided that such employee's pay is processed by the office
of payroll administration; and
(2) "city agency" shall include any agency of the city of New York
that employs a city employee.
Section 12-125
§ 12-125 Retired employees; change of options. Notwithstanding any
other law to the contrary, no beneficiary shall be permitted to change
any optional selection after it has become effective, provided, however,
that if:
(a) a retired member nominates the spouse of such member as the
survivor beneficiary under option two or three of section 13-177 of the
code, or if a retired member nominates the spouse of such member under
option four of such section to receive payment of an annual benefit as a
survivor; and
(b) such person so nominated ceases by causes other than death to be
his or her spouse or is separated from such spouse; then the board of
trustees shall have authority to permit the change of the optional
benefit to the maximum benefit that is the actuarial equivalent by and
with the consent of all parties.
Section 12-126
§ 12-126 Health insurance coverage for city employees, persons retired
from city employment, and dependents of such employees and retirees. a.
Definitions. As used in this section, the following terms shall have the
meaning hereinafter stated:
i. "City employee." A person: (1) who is employed by a department or
agency of the city; and (2) is paid out of the city treasury; and (3) is
employed under terms prescribing a work week regularly consisting of
twenty or more hours during the fiscal year; and (4) is not employed by
the board of education.
ii. "City retiree." A person who: (1) is receiving a retirement
allowance, pension or other retirement benefit from a retirement or
pension system either maintained by the city or to which the city has
made contributions on behalf of such person pursuant to subdivision (g)
of section 80-a of the retirement and social security law; and (2)
immediately prior to such person's retirement as a member of such
system, was a city employee, or was an employee of the board of
education employed under terms prescribing a work week regularly
consisting of twenty or more hours during the fiscal year; and (3) had
at the time of retirement, at least five years of credited service as a
member of such retirement or pension system, except that (A) such
requirement of credited service shall not apply in cases of retirement
for accident disability, (B) the requirement of credited service for
vested retirement and service retirement shall be at least ten years for
a person who was not an employee of the city or the board of education
on or before the effective date of the local law that added this clause,
and (C) notwithstanding the provisions of clause (B) of this
subparagraph, the requirement of credited service for vested retirement
and service retirement shall be at least fifteen years for a person who
was not an employee of the city or the board of education on or before
the effective date of the local law that added this clause, is receiving
a retirement allowance from the New York city teachers' retirement
system or the New York city board of education retirement system, and
held a position represented by the recognized teacher organization for
collective bargaining purposes on such person's last day of paid
service.
iii. "Dependent." The spouse of a city employee or city retiree or any
child of a city employee or city retiree during the period of
eligibility of such child for coverage under the insurance contract
applicable to such employee or retiree; provided, however, that no
spouse or child of any such employee or retiree shall be deemed a
dependent after the death of such employee or retiree.
iv. "Health insurance coverage." A program of
hospital-surgical-medical benefits to be provided by health and
hospitalization insurance contracts entered into between the city and
companies providing such health and hospitalization insurance.
b. Payment of health insurance costs. Except as otherwise provided in
section 12-126.1 and section 12-126.2 of this chapter, for city
employees, city retirees and their dependents:
* (1) The city will pay the entire cost of health insurance coverage
for city employees, city retirees, and their dependents, not to exceed
one hundred percent of the full cost of H.I.P.-H.M.O. on a category
basis. Where such health insurance coverage is predicated on the
insured's enrollment in the hospital and medical program for the aged
and disabled under the Social Security Act, the city will pay the amount
set forth in such act under 1839 (a) as added by title XVIII of the 1965
amendment to the Social Security Act; provided that such amount shall
not exceed the sum of nineteen dollars and fifty-three cents per month
per individual for the period beginning January first, nineteen hundred
eighty-eight and ending December thirty-first, nineteen hundred
eighty-eight, and provided further however that such amount shall not
exceed the sum of twenty-seven dollars and ninety cents per month per
individual for the period beginning January first, nineteen hundred
eighty-nine and ending December thirty-first, nineteen hundred
ninety-one, and provided further that such amount shall not exceed the
sum of twenty-nine dollars per month per individual for the period
beginning January first, nineteen hundred ninety-two and ending December
thirty-first, nineteen hundred ninety-five. Provided further, that such
amount shall not exceed the sum of thirty-two dollars per month per
individual effective January first, nineteen hundred ninety-six.
Provided further, that such amount shall not exceed the sum of
thirty-eight dollars and seventy cents per month effective January
first, two thousand and provided further that each year thereafter, the
City shall reimburse covered employees in an amount equal to one hundred
percent of the Medicare Part-B premium rate applicable to that year.
* NB The validity of local law 39 of 2001 is currently a subject of
disagreement between the Mayor and the City Council. This certification
is not intended as a legal opinion as to the validity of the local law,
other than certifying the truth of the facts presented herein.
(2) Health insurance coverage for surviving spouses, domestic partners
and children of police officers, firefighters and certain other city
employees:
(i) Where the death of a member of the uniformed forces of the police
or fire departments is or was the natural and proximate result of an
accident or injury sustained while in the performance of duty, the
surviving spouse or domestic partner, until he or she dies, and the
children under the age of nineteen years and any such child who is
enrolled on a full-time basis in a program of undergraduate study in an
accredited degree-granting institution of higher education until such
child completes his or her educational program or reaches the age of
twenty-three years, whichever comes first, shall be afforded the right
to health insurance coverage, and health insurance coverage which is
predicated on the insured's enrollment in the hospital and medical
program for the aged and disabled under the social security act, as is
provided for city employees, city retirees and their dependents as set
forth in paragraph one of this subdivision. Where the death of a
uniformed member of the correction or sanitation departments has
occurred while such employee was in active service as the natural and
proximate result of an accident or injury sustained while in the
performance of duty, the surviving spouse or domestic partner, until he
or she dies, and the child of such employee who is under the age of
nineteen years and any such child who is enrolled on a full-time basis
in a program of undergraduate study in an accredited degree-granting
institution of higher education until such child completes his or her
educational program or reaches the age of twenty-three years, whichever
comes first, shall be afforded the right to health insurance coverage,
and health insurance coverage which is predicated on the insured's
enrollment in the hospital and medical program for the aged and disabled
under the social security act, as is provided for city employees, city
retirees and their dependents as set forth in paragraph one of this
subdivision. Where the death of an employee of the fire department of
the city of New York who was serving in a title whose duties are those
of an emergency medical technician or advanced emergency medical
technician (as those terms are defined in section three thousand one of
the public health law), or whose duties required the direct supervision
of employees whose duties are those of an emergency medical technician
or advanced emergency medical technician (as those terms are defined in
section three thousand one of the public health law) is or was the
natural and proximate result of an accident or injury sustained while in
the performance of duty on or after September eleventh, two thousand
one, the surviving spouse or domestic partner, until he or she dies, and
the children under the age of nineteen years and any such child who is
enrolled on a full-time basis in a program of undergraduate study in an
accredited degree-granting institution of higher education until such
child completes his or her educational program or reaches the age of
twenty-three years, whichever comes first, shall be afforded the right
to health insurance coverage, and health insurance coverage which is
predicated on the insured's enrollment in the hospital and medical
program for the aged and disabled under the social security act, as is
provided for city employees, city retirees and their dependents as set
forth in paragraph one of this subdivision. The mayor may, in his or her
discretion, authorize the provision of such health insurance coverage
for the surviving spouses, domestic partners and children of employees
of the fleet services division of the police department who died on or
after October first, nineteen hundred ninety-eight and before April
thirtieth, nineteen hundred ninety-nine, and the surviving spouses,
domestic partners and children of employees of the roadway repair and
maintenance division of the department of transportation who died on or
after September first, two thousand five and before September
twenty-eighth, two thousand five, and the surviving spouses, domestic
partners and children of employees of the bureau of wastewater treatment
of the department of environmental protection who died on or after
January eighth, two thousand nine and before January tenth, two thousand
nine as a natural and proximate result of an accident or injury
sustained while in the performance of duty, subject to the same terms,
conditions and limitations set forth in the section. Provided, however,
and notwithstanding any other provision of law to the contrary, and
solely for the purposes of this subparagraph, a member otherwise covered
by this subparagraph shall be deemed to have died as the natural and
proximate result of an accident or injury sustained while in the
performance of duty upon which his or her membership is based, provided
that such member was in active service upon which his or her membership
is based at the time that such member was ordered to active duty
pursuant to Title 10 of the United States Code, with the armed forces of
the United States or to service in the uniformed services pursuant to
Chapter 43 of Title 38 of the United States Code, and such member died
while on active duty or service in the uniformed services on or after
June fourteenth, two thousand five while serving on such active military
duty or in the uniformed services.
(ii) Where a retired member of the fire department dies and is
enrolled in a health insurance plan, the surviving spouse shall be
afforded the right to such health insurance coverage and health
insurance coverage which is predicated on the insured's enrollment in
the hospital and medical program for the aged and disabled under the
social security act as is provided for retirees and their dependents as
set forth in subparagraph (i) of this paragraph, provided such surviving
spouse pays one hundred two percent of the group rate for such coverage,
with two percent intended to cover administrative costs incurred,
provided such spouse elects such health insurance coverage within one
year of the death of his or her spouse. For purposes of this
subparagraph, "retired member of the fire department" shall include
persons who, immediately prior to retirement, were employed by the fire
department of the city of New York in a title whose duties are those of
an emergency medical technician or advanced emergency medical technician
(as those terms are defined in section three thousand one of the public
health law), or whose duties required the direct supervision of
employees whose duties are those of an emergency medical technician or
advanced emergency medical technician (as those terms are defined in
section three thousand one of the public health law).
(iii) Where a retired member of the police department, including
premerger retirees who were police officers employed by the New York
city housing authority or the New York city transit authority, dies and
is enrolled in a health insurance plan, the surviving spouse shall be
afforded the right to such health insurance coverage and health
insurance coverage which is predicated on the insured's enrollment in
the hospital and medical program for the aged and disabled under the
social security act as is provided for retirees and their dependents as
set forth in subparagraph (i) of this paragraph, provided such surviving
spouse pays one hundred two percent of the group rate for such coverage,
with two percent intended to cover administrative costs incurred,
provided such spouse elects such health insurance coverage within one
year of the death of his or her spouse.
(iv) Where an active or retired member of the New York city department
of correction or sanitation dies and is enrolled in a health insurance
plan, the surviving spouse or domestic partner shall be afforded the
right to such health insurance coverage and health insurance coverage
which is predicated on the insured's enrollment in the hospital and
medical program for the aged and disabled under the social security act
as is provided for retirees and their dependents as set forth in
subparagraph (i) of this paragraph, provided such surviving spouse or
domestic partner pays one hundred two percent of the group rate for such
coverage, with two percent intended to cover administrative costs
incurred, provided such spouse or domestic partner elects such health
insurance coverage within one year of the death of his or her spouse or
domestic partner.
c. Any amount paid by the city pursuant to subdivision b of this
section shall not be deemed to be salary, wages or compensation within
the meaning of any law relating to any retirement or pension system and
shall not be considered or included for the purpose of computing or
determining employee or city contributions or the rights, allowances and
benefits to which a city employee or such employee's heirs or
beneficiaries shall become entitled under any retirement or pension
system; and shall not be construed as a change of grade or
classification or as a promotion to higher grade or position.
d. Such health insurance coverage as is provided under this section
shall be administered by office of labor relations.
Section 12-126.1
§ 12-126.1 Special provisions applicable to health insurance and
welfare benefit fund coverage for certain members of city retirement
systems. a. Definitions. The following terms, as used in this section,
shall have the following meanings, unless a different meaning is plainly
required by the context:
(1) "NYCERS former fractional plan member". A member of the New York
city employees' retirement system who, pursuant to the provisions of
subdivision m of section 13-162 of the code, is deemed to have elected
to become a career pension plan member (as defined in subdivision
forty-six of section 13-101 of the code), and who currently is such a
career pension plan member or a
fifty-five-year-increased-service-fraction member (as defined in
subdivision fifty-one of section 13-101 of the code).
(2) "BERS former fractional plan member". A member of the board of
education retirement system of the city of New York who, pursuant to the
provisions of paragraph (g) of subdivision eighteen of section
twenty-five hundred seventy-five of the education law, is deemed to have
elected to become a career pension plan member (as defined in paragraph
twenty-eight of section two of the rules and regulations of such
retirement system), and who currently is such a career pension plan
member or a fifty-five-year-increased-service-fraction member (as
defined in paragraph thirty-one of section two of such rules and
regulations).
(3) "Health insurance and welfare benefits fund surcharge". An amount,
expressed as a percentage of salary, specified in a collective
bargaining agreement (or other similar instrument) between the city of
New York (or the board of education of the city) and the employee
organization or organizations representing NYCERS former fractional plan
members or BERS former fractional plan members in which it is provided
that such members shall absorb the additional health insurance and
welfare benefit fund increases caused by the enactment of subdivision m
of section 13-162 of the code and paragraph (g) of subdivision eighteen
of section twenty-five hundred seventy-five of the education law.
b. Commencing with the first full payroll period which begins after
October first, nineteen hundred ninety-three, the salary of each NYCERS
former fractional plan member and each BERS former fractional plan
member shall be reduced by the amount of the health insurance and
welfare benefits fund surcharge on each and every payroll of such member
for each and every payroll period.
c. The commissioner of labor relations shall promulgate rules for the
appropriate administration of this section.
d. Any salary reduction effectuated pursuant to subdivision b of this
section shall be considered part of such member's salary for the purpose
of computing employer and employee pension contributions and all
retirement benefits administered by the New York city employees'
retirement system or the board of education retirement system of the
city of New York.
Section 12-126.2
§ 12-126.2 Special provisions applicable to health insurance and
welfare benefit fund coverage for certain correction officers and
sanitation workers. a. Definitions. The following terms, as used in this
section shall have the following meanings, unless a different meaning is
plainly required by the context:
(1) "RSSL". The New York state retirement and social security law.
(2) "Tier II member". A member of a retirement system or pension fund
maintained by the city who is subject to the provisions of article
eleven of the RSSL.
(3) "Tier III member". A member of a retirement system or pension fund
maintained by the city who is subject to the provisions of article
fourteen of the RSSL.
(4) "Tier IV member". A member of a retirement system or pension fund
maintained by the city who is subject to the provisions of article
fifteen of the RSSL.
(5) "Tier II or tier III correction officer participant in a twenty
year retirement program." A tier II or tier III member of the uniformed
correction force who is a participant in the twenty-year retirement
program established pursuant to (A) section four hundred forty-five-a of
the RSSL or (B) section four hundred forty-five-c of the RSSL or (C)
section five hundred four-a of the RSSL or (D) section five hundred
four-b of the RSSL.
(6) "Tier II or tier IV sanitation worker participant in a twenty-year
retirement program." A tier II or tier IV member of the uniformed force
of the New York city department of sanitation who is a participant in
the twenty-year improved benefit retirement program established pursuant
to section four hundred forty-five-b of the retirement and social
security law or is a participant in the twenty-year retirement program
established pursuant to section six hundred four-a of the retirement and
social security law.
(7) "Health insurance and welfare benefits fund surcharge." An amount,
expressed as a percentage of salary, specified in a collective
bargaining agreement (or other similar instrument) between the city of
New York and the employee organization or organizations representing
tier II and tier III correction officer participants in a twenty-year
retirement program or tier II or tier IV sanitation worker participants
in a twenty-year retirement program in which it is provided that such
participants shall absorb the additional health insurance and welfare
benefit fund increases caused by the enactment of section four hundred
forty-five-a of the retirement and social security law, section four
hundred forty-five-b of the retirement and social security law, section
four hundred forty-five-c of the retirement and social security law,
section five hundred four-a of the retirement and social security law,
section five hundred four-b of the retirement and social security law
and section six hundred four-a of the retirement and social security
law.
(8) "Starting date." The first day of the first whole payroll period
commencing after the date which is thirty days after the effective date
of this section.
b. Effective as of the starting date, the salary of any tier II or
tier III correction officer participant in a twenty-year retirement
program or any tier II or tier IV sanitation worker participant in a
twenty-year retirement program shall be reduced by the amount of the
health insurance and welfare benefits fund surcharge on each and every
payroll of such member for each and every payroll period.
c. The commissioner of labor relations shall promulgate rules for the
appropriate administration of this section.
d. Any salary reduction effectuated pursuant to subdivision b of this
section shall be considered part of such participant's final average
salary for the purpose of computing employer and employee pension
contributions and all retirement benefits administered by any retirement
system or plan to which the city of New York contributes on behalf of
said such participant. However, this subdivision shall in no way be
construed to supersede the provisions of sections four hundred
thirty-one, five hundred twelve and six hundred eight of the retirement
and social security law or any other similar provision of law which
limits the salary base for computing retirement benefits payable by a
public retirement system.
Section 12-126.3
* § 12-126.3 Health insurance coverage and welfare fund benefits of
certain retirees and their dependents. a. Definitions. The following
terms, as used in this section, shall have the following meanings,
unless a different meaning is plainly required by the context:
(1) "Pre-merger transit police retiree". A member of the uniformed
force of the former transit police department of the New York city
transit authority who retired as such a member prior to April thirtieth,
nineteen hundred ninety-five or retired thereafter as such an employee
as a result of an application to retire filed prior to such April
thirtieth.
(2) "Pre-merger civilian retiree of the transit police department". An
employee of such former transit police department who was not a member
of its uniformed force and who retired as such an employee prior to
April thirtieth, nineteen hundred ninety-five or retired thereafter as
such an employee as a result of an application to retire filed prior to
such April thirtieth.
(3) "Pre-merger housing police retiree". A member of the uniformed
force of the former housing police department of the New York city
housing authority who retired as such a member prior to April thirtieth,
nineteen hundred ninety-five or retired thereafter as such an employee
as a result of an application to retire filed prior to such April
thirtieth.
(4) "Pre-merger civilian retiree of the housing police department". An
employee of such former housing police department who was not a member
of its uniformed force and who retired as such an employee prior to
April thirtieth, nineteen hundred ninety-five or retired as such an
employee thereafter as a result of an application to retire filed prior
to such April thirtieth.
(5) "Health insurance coverage". The program of
hospital-surgical-medical benefits provided to participants therein and
their dependents at city cost pursuant to section 12-126 of this chapter
and any supplements to such program (i) provided for by an applicable
collective bargaining agreement (or other similar instrument) or (ii)
provided by other action or practice of the city and/or an appropriate
public employee organization representing employees of the city police
department.
(6) "Welfare fund benefits". The benefits provided to eligible
participants and their dependents pursuant to (i) the provisions of a
collective bargaining agreement (or other similar instrument) which
denominates such benefits as welfare fund benefits or (ii) a welfare
fund agreement executed pursuant to a collective bargaining agreement
(or other similar instrument) and benefits provided as welfare fund
benefits pursuant to other action or practice of the city and/or an
appropriate employee organization representing employees of the city
police department.
(7) "Appropriate public employee organization representing employees
of the city police department". The certified or recognized public
employee organization under article fourteen of the civil service law
and chapter three of title twelve of the code which represents employees
of the police department of the city who have a title and rank which are
the same as or equivalent to the title and rank which a pre-merger
retiree had at the time of the retirement of such pre-merger retiree.
(8) "Pre-merger retiree". A retiree identified in any of paragraphs
one, two, three and four of this subdivision.
(9) "Similarly situated retiree of the city police department". A
person (i) who retired as an employee of the police department of the
city on a date the same as the retirement date of a pre-merger retiree
and (ii) whose title and rank on the date of retirement were the same as
or equivalent to the title and rank of such pre-merger retiree at the
time of the retirement of such pre-merger retiree.
b. Health insurance coverage and welfare fund benefits shall be
provided pursuant to the provisions of this section to each pre-merger
transit police retiree and each pre-merger housing police retiree, and
the dependents of each such retiree, in the same manner and to the same
extent as if such retiree, at the time of his or her retirement, was a
similarly situated retiree of the city police department.
c. (1) Subject to the provisions of paragraphs two and three of this
subdivision, health insurance coverage and welfare fund benefits shall
be provided pursuant to the provisions of this section to each
pre-merger civilian retiree of the transit police department and each
pre-merger civilian retiree of the housing police department, and the
dependents of each such retiree, in the same manner and to the same
extent as if such retiree, at the time of his or her retirement, was a
similarly situated retiree of the city police department.
(2) Where any civilian retiree referred to in paragraph one of this
subdivision was not entitled, under the collective bargaining agreement
(or other similar instrument) and/or employer-provided health insurance
program applicable to such retiree immediately prior to his or her
retirement, to reimbursement by his or her employer for the whole or any
part of Medicare premiums paid, such retiree shall not be entitled to
reimbursement under this section for the whole or any part of Medicare
premiums paid.
(3) Subject to the provisions of paragraph two of this subdivision,
all costs of providing health insurance coverage and welfare fund
benefits to pre-merger civilian retirees of the housing police
department shall be paid by the New York city housing authority.
d. In relation to providing health insurance coverage and welfare fund
benefits pursuant to the preceding provisions of this section to each
pre-merger retiree, the respective powers and obligations of the city
and the appropriate employee organization representing employees of the
city police department (subject to the provisions of paragraphs two and
three of subdivision c of this section) shall be the same as in the case
of a similarly situated retiree of the city police department.
e. Subject to the provisions of paragraphs two and three of
subdivision c of this section, the costs of providing the health
insurance coverage and welfare fund benefits prescribed by the preceding
subdivisions of this section to each pre-merger retiree shall be paid by
the city and/or paid by or shared with the appropriate public employee
organization representing employees of the city police department in the
same manner and to the same extent as the city and/or such public
employee organization pay or share such costs with respect to a
similarly situated retiree of the city police department.
f. Nothing contained in this section shall be construed as amending or
altering any provision of article fourteen of the civil service law or
chapter three of title twelve of the code.
* NB There are 2 § 12-126.3's
Section 12-127
§ 12-127 City employees injured in course of duty. a. Any member of
the uniformed forces of the fire or police departments or any person
employed in the department of sanitation in the sanitation service
classification of the classified civil service who shall be injured
while actually employed in the discharge of police orders of his or her
superior officers in the police station, fire house or sanitation
section station, as the case may be, or as the result of illness
traceable directly to the performance of police, fire or sanitation
duty, as the case may be, or any employee of the department of parks,
general services, ports and terminals or environmental protection or a
person employed by the police commissioner as a school crossing guard
who shall be injured while actually employed in the discharge of duty,
shall be received by any hospital for care and treatment when such facts
are certified to by the head of the department. Unless otherwise
provided in this section, such members shall be received by any hospital
at the usual ward patient rates. The bill for such care and treatment at
such rates, when certified by the superintendent or other person in
charge of such hospital and approved by the head of the department
concerned, shall be paid by the city.
b. Any member of the uniformed forces of the fire or police department
or any person employed in the department of sanitation in the sanitation
service classification of the classified civil service or a person
employed by the police commissioner as a school crossing guard who,
while in the actual performance of duty, and by reason of the
performance of such duty and without fault or misconduct on his or her
part, shall receive injuries to an extent which may endanger his or her
life, shall be received by any hospital for care and treatment, and
shall be afforded such medical or surgical care and hospitalization as
may be ordered by the chief medical officer of the respective
departments in conformity with the provisions of this section. Such
medical officer shall forthwith notify the comptroller of the care and
hospitalization so ordered. The rate charged for such care and
hospitalization for such member or such person shall not exceed the rate
charged any person in receipt of an income equal to the salary of such
member or of such person for the same accommodations. The comptroller
and the heads of the departments affected shall make necessary rules and
regulations to carry out the provisions of this section. Upon
certification by the chief medical officer of the department concerned,
the bill for such care and hospitalization, when certified by the
superintendent or other person in charge of the hospital and approved by
the head of the department concerned, shall be paid by the city.
c. (1) Each agency shall keep a record of any workers' compensation
claim filed by an employee, the subject of which concerns an injury
sustained in the course of duty while such employee was employed at such
agency. Such record shall include, but not be limited to, the following
data:
(i) the name of the agency where such employee worked;
(ii) such employee's title;
(iii) the date such employee or the city filed such claim with the
appropriate office of the state of New York, if any;
(iv) the date the city began to make payment for such claim, or the
date such claim was established by the appropriate state office and the
date the city began to make payment for such claim pursuant to such
establishment, if any;
(v) the date such injury occurred;
(vi) the location at which such injury occurred;
(vii) the nature of such injury, including, but not limited to, the
circumstances of such injury, the type or diagnosis of such injury and a
description of how such injury occurred;
(viii) the length of time such employee is unable to work due to such
injury, if any; and
(ix) a list of any expenses paid as a result of such claim, including,
but not limited to, expenses relating to wage replacement, medical
costs, administrative costs and any penalties.
(2) Each agency shall transmit records gathered pursuant to paragraph
(1) of subdivision c of this section, as soon as practicable, to the
mayor of the city of New York.
(3) The mayor of the city of New York shall ensure that an annual
report is prepared utilizing the records received from each city agency
pursuant to paragraph (2) of subdivision c of this section. Such report
shall be transmitted to the mayor, the comptroller, the public advocate
and the speaker of the council of the city of New York by the first day
of May, covering the previous calendar year. Such report shall include,
but not be limited to:
(i) an analysis, with respect to each agency included in the report,
of expenses paid as a result of workers' compensation claims, including,
but not limited to, expenses relating to wage replacement, medical
costs, administrative costs and any penalties paid by an agency;
(ii) a list of the occurrence of specific claims for each agency and
for the city as a whole;
(iii) a list of the specific sites where injuries occurred for each
agency and for the city as a whole;
(iv) year-to-year comparisons of information compiled pursuant to this
paragraph.
Notwithstanding any provision of law to the contrary, a provider of
medical treatment or hospital care furnished pursuant to the provisions
of this section shall not collect or attempt to collect reimbursement
for such treatment or care from any such city employee.
Section 12-128
§ 12-128 Claims of officers and employees of city for injuries caused
by persons deeming themselves aggrieved. The comptroller with the
approval of the mayor is authorized to audit, allow and certify for
payment, as charges against the city, the reasonable expenses for
medical and surgical treatment and maintenance incurred by the mayor or
any other officer or employee of the city, by reason of gunshot wounds
or other personal injuries received or sustained by the mayor or other
officer or employee of the city at the hands of any person deeming
himself or herself aggrieved by and seeking revenge for any alleged
official act or omission on the part of said mayor or other officer or
employee of the city.
Section 12-129
§ 12-129 Hours of service during July and August. Four hours on any
Saturday during the months of July and August, shall constitute a full
day's work for all employees of any city agency. The head of any agency
shall have power to employ his or her subordinates on any legal holiday,
or may employ them on any such Saturday in excess of the legal day's
work above prescribed, paying them compensation therefor at the rate of
their usual wages or salaries. The provisions of this section shall
apply to and include per diem employees, but shall not apply to the
uniformed forces of the police and fire departments.
Section 12-130
§ 12-130 Office hours. Except as otherwise provided by law, the office
hours in all public offices of the city, and of all county offices
within the city, shall be from nine o'clock antemeridian to five o'clock
postmeridian. The head of a city office or department, or a county
officer who comes within the foregoing provisions of this section, may
adopt a rule that such office shall be closed to the public at four
o'clock postmeridian, when in the judgement of such officer, the period
between the hours of four o'clock postmeridian and five o'clock post
meridian is required for the performance of the work in such office.
During the months of July and August the office hours of such offices
shall be from nine o'clock antemeridian to four o'clock postmeridian if
the head of the office or department so orders. The office hours of any
such office, however, shall be from nine o'clock antemeridian to twelve
o'clock noon on Saturday, provided that the commissioner of the
department of finance may, in his or her discretion, adopt a rule that
such office or department shall be closed to the public on Saturdays.
Section 12-131
§ 12-131 Reproduction of records on film. a. The head of each agency
may cause any or all records kept in such agency to be reproduced on
photographic film. Such photographic film shall be of durable material
and the device used to reproduce such records on such film shall be one
which accurately reproduces the orginal record in all details.
b. Such photographic film shall be deemed to be an original record for
all purposes, including introduction in evidence in all courts or
administrative agencies. A transcript, exemplification or certified copy
thereof shall, for all purposes recited herein, be deemed to be a
transcript, exemplification, or certified copy of the original.
Section 12-132
§ 12-132 Records to be kept and abstracts published. Every agency
shall keep a record of all its transactions, which shall be accessible
to the public. A brief abstract, omitting formal language, shall be
made, once a week of all transactions and of all contracts awarded and
entered into for work and material of every description. Such abstract
shall contain the name or names and residences by street and number, of
the party or parties to the contract and of their sureties, if any. A
copy of such abstract shall be promptly transmitted for publication in
the City Record to the director thereof.
Section 12-133
§ 12-133 Order to use patented articles prohibited. It shall be
unlawful for any officer of the city to order any owner or occupant to
use any patented article on any building or in any public street or
place, except under such circumstances that there can be a fair and
reasonable opportunity for competition, the conditions to secure which
shall be prescribed by the board of estimate.
Section 12-134.
§ 12-134. Powers and duties of the District Attorney's investigators.
In the performance of their duties, all detective investigators, senior
detective investigators, racket investigators, senior racket
investigators and supervising racket investigators employed by the
district attorney of each county contained within the city of New York,
shall have all the powers and perform all the duties of police officers
in the state.
Section 12-138
§ 12-138 Applicability of age qualifications to veterans of armed
forces. When the qualifications for any examination or test for, or
appointment or election to any office, position or employment in the
city, includes a maximum age limit, any person who heretofore and
subsequent to July first, nineteen hundred forty, entered or hereafter,
in time of war, shall enter the active military or naval service of the
United States, or the active service of the women's army corps, the
women's reserve of the naval reserve or any similar organization
authorized by the United States to serve with the army or navy, shall be
deemed to meet such maximum age requirement if his or her actual age,
less the period of such service, would meet such maximum age
requirement.
Section 12-139
* § 12-139 Election of qualified transportation benefits in lieu of
taxable dollar compensation. Employees of the city of New York shall be
permitted to use pre-tax earnings to purchase qualified transportation
benefits, other than qualified parking, in accordance with federal law
and shall thereupon be entitled to such personal income tax benefits as
may be authorized by such law.
* NB The validity of local law 18 of 2000 is currently a subject of
disagreement between the Mayor and the City Council. This certification
is not intended as a legal opinion as to the validity of the local law,
other than certifying the truth of the facts presented herein.
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.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.