S 8578: Incorporates the city of Staten Island; enacts a city charter; provides for all necessary technical changes for the establishment of such city; provides for a transition period prior to such establishment.

  
  STATE OF NEW YORK ________________________________________________________________________ 8578 2025-2026 Regular Sessions  IN SENATE November 14, 2025 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to incorporate the city of Staten Island; to enact a charter for the city of Staten Island; to provide a period of transition prior to the establishment of the city of Staten Island; to amend the education law, in relation to the establishment of the city school district of the city of Staten Island; to amend the education law, in relation to the transfer of the college of Staten Island of the city university of New York to the state university of New York; to amend the judiciary law, in relation to providing for the judiciary within the city of Staten Island; to amend the public housing law, the education law, the public authorities law and the private housing finance law, in relation to providing membership on certain authorities for the city of Staten Island; to amend the executive law, the elder law and the social services law, in relation to probation and social services within the city of Staten Island; to amend the county law, in relation to the treatment of the county of Richmond in similar fashion to coun- ties within a city having a population of one million or more; to amend the election law, the state finance law and the surrogate's court procedure act, in relation to making conforming changes relating to the establishment of the city of Staten Island; to amend the gener- al municipal law, in relation to the city of Staten Island industrial development agency; to amend the local emergency housing rent control act, the emergency tenant protection act of nineteen seventy-four, the general business law and the real property tax law, in relation to the continuation of existing housing regulations for the city of Staten Island; to amend the tax law, the state finance law, the public authorities law and the New York state financial emergency act for the city of New York, in relation to applicability of the authority of the financial control board; to amend the general city law, chapter 772 of the laws of 1966 relating to imposition of a city business tax and the tax law, in relation to providing authority for the city of Staten Island to continue presently applicable taxes within such city; to enact the administrative code of the city of Staten Island, in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14063-01-5 
 S. 8578 2 relation to procedures and administration of essential city services and the authority of such city to impose taxes; and making appropri- ations to advance moneys for the establishment of the city of Staten Island and the city school district of the city of Staten Island The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 THE CITY OF STATEN ISLAND ACT 2 CONTENTS 3 SECTION(S) SUBJECT 4 1-001 Short title. 5 1-002 Legislative history, findings and intent and statement of 6 purposes. 7 1-003 Definitions. 8 1-004 Incorporation. 9 2-001 Charter of the city of Staten Island. 10 3-001 Legislative findings and declaration of purposes. 11 3-002 Elections. 12 3-003 Staten Island city government-transition. 13 3-004 Employees of the city of Staten Island. 14 3-005 Assistance to the city of Staten Island. 15 3-006 Provision of municipal services on the city of Staten 16 Island. 17 3-007 Debt, property, obligations and other allocations. 18 3-008 Continuance of municipal services. 19 3-009 Powers of the city of Staten Island to adopt and amend 20 local laws. 21 3-010 Powers of the city of Staten Island relating to home 22 rule powers. 23 4-001-4-020 City school district of the city of Staten Island. 24 5-001-5-003 Transfer of The College of Staten Island. 25 6-001 Interim court structure for the city of Staten Island. 26 7-001-7-002 New York city housing authority. 27 7-003-7-005 New York city construction fund. 28 7-006-7-008 New York city municipal water finance authority. 29 7-009 New York city housing development corporation. 30 7-010 Dormitory authority act; court facilities and combined 31 occupancy structures. 32 7-011 New York city school construction authority. 33 8-001-8-023 Municipal powers; authority of the county of Richmond 34 and the city of Staten Island. 35 9-001-9-017 Municipal services; city of Staten Island. 36 10-001-10-008 Landlord-tenant relationships. 37 11-001 Constitutional real property tax limitations; city of 38 Staten Island. 39 12-001-12-020 Municipal assistance corporation for the city of New York; 40 revenues. 41 13-001 Taxes; tax collection authority. 42 14-001 Administrative code of the city of Staten Island. 43 15-001 Appropriations; transition government and establishment of 
 S. 8578 3 1 the city of Staten Island. 2 15-002 Appropriation; city school district of the city of Staten 3 Island. 4 16-001 Severability. 5 17-001 Effective date. 6 Section 1-001. Short title. This act shall be known and may be cited 7 as "The City of Staten Island Act". 8 § 1-002. Legislative history, findings and intent and statement of 9 purposes. 1. The legislature hereby finds, determines and declares: 10 (a) that Article IX, section 1 of the New York State Constitution 11 states that "effective local self-government and intergovernmental coop- 12 eration are purposes of the people of the state" and subdivision (a) of 13 section 2 of Article IX, further declares that "the legislature shall 14 provide for the creation and organization of local government;" 15 (b) that consistent with these constitutional provisions and in order 16 to provide for an effective republican form of government in accordance 17 with the constitution of the United States of America, the people of the 18 state of New York, represented in the senate and assembly, did enact 19 chapter 773 of the laws of 1989, as amended by chapter 17 of the laws of 20 1990, which authorized the borough of Staten Island, upon approval by 21 referendum to consider formally separating from its existing municipal 22 government, authorized the creation of a charter commission for the city 23 of Staten Island, authorized, upon approval of a subsequent referendum, 24 the adoption of a charter, and most importantly, required that within 25 three months of adoption of the charter by the voters of Staten Island, 26 the charter commission submit to the governor and the legislature, 27 proposed legislation enabling the borough of Staten Island to disengage 28 and separate from its existing municipal government, and that only upon 29 enactment of such enabling legislation, could the charter for the city 30 of Staten Island take effect; 31 (c) that the legislature, in requiring the subsequent enactment of 32 enabling legislation before a charter for the city of Staten Island 33 could take effect, reaffirmed its paramount constitutional authority to 34 distribute the powers of local government, as between city and county 35 governments, as it deems best; 36 (d) that preserving historical and natural boundaries, as well as the 37 integrity of political subdivisions of the state, and providing meaning- 38 ful representation of the smaller boroughs in the city of New York 39 affairs, are among those legitimate state interests and policies which 40 have been validated by the federal courts; 41 (e) that the people of the state of New York enacted chapter 773 of 42 the laws of 1989, as subsequently amended, to provide a process by which 43 the people of Staten Island could carefully study and consider the legal 44 disengagement and separation of the borough of Staten Island from the 45 city of New York as an acceptable means of implementing the substantial 46 state interest in providing effective local self-government for the 47 citizens of Staten Island; and 48 (f) that the issues of legal disengagement and separation of the 49 borough of Staten Island from the city of New York raise concerns of 50 statewide importance, not limited to Staten Island residents or New York 51 city residents. 52 2. The legislature further finds, determines and declares: 53 (a) that the New York State Constitution entitles the people of Staten 54 Island to "effective local self-government;" 
 S. 8578 4 1 (b) that the existing charter of the city of New York does not provide 2 meaningful representation to the borough of Staten Island, therefore 3 precluding "effective local self-government;" 4 (c) that given the constraints of the United States Supreme Court 5 articulated in Board of Estimate of the City of New York v. Beverly 6 Morris, 489 US 103 (1989), the only viable alternative to providing 7 "effective local self-government" is legal disengagement and separation 8 from the city of New York and the creation of the new city of Staten 9 Island; 10 (d) that such legal separation of Staten Island from the city of New 11 York is economically feasible, with minimal fiscal impact on the state 12 of New York; 13 (e) that the city of New York should have a meaningful role and the 14 opportunity to provide significant input in the process by which Staten 15 Island legally disengages and separates from the city of New York, 16 including participation in a transition period, but the city of New York 17 should not in the exercise of the aforesaid role, be permitted to unila- 18 terally prevent the legal disengagement and separation of Staten Island; 19 and 20 (f) that in connection with the process of legal disengagement and 21 separation, there is hereby specifically delegated to a group of repre- 22 sentatives from both the city of New York and the proposed city of 23 Staten Island the task of evaluating and accounting for the allocation 24 of all assets and liabilities, as well as the provision of municipal 25 services during the transition period, all of which shall be determined 26 in the context of the overall best interest of the state of New York. 27 3. The legislature further finds, determines and declares: 28 (a) that by virtue of the authority vested in the legislature by the 29 New York State Constitution to provide for the "creation and organiza- 30 tion of local governments" as well as for "effective local self-govern- 31 ment" and "intergovernmental cooperation," the interests of the people 32 of the state would be served and promoted by the separation and creation 33 of a new municipality to be called the city of Staten Island; and 34 (b) that in furtherance of such purposes, the recommendations of the 35 charter commission shall be implemented in connection with the creation 36 of the city of Staten Island. 37 4. The legislature further finds, determines and declares that the 38 establishment of the city of Staten Island is authorized by the New York 39 State Constitution, constitutes a state purpose for the benefit of the 40 people of the state of New York and therefore the city of Staten Island 41 Act is hereby enacted. 42 § 1-003. Definitions. As used in this act, the following terms shall 43 have the following meanings: 44 1. "Effective date of this charter" shall mean the first of November 45 next succeeding the date on which this act shall have become a law. 46 2. "Date of incorporation of the city of Staten Island" or "date of 47 incorporation" shall mean the date on which the city of Staten Island is 48 incorporated, the first of January next succeeding the date on which 49 this act shall have become a law. 50 3. "Date of establishment of the city of Staten Island" or "date of 51 establishment" shall mean the date on which the city of Staten Island is 52 first authorized to exercise full municipal authority, except for judi- 53 cial authority, over the citizens and territory of the city of Staten 54 Island, the first of July in the second year next succeeding the year in 55 which this act shall have become a law. 
 S. 8578 5 1 4. "Transition period" shall mean the period of time between the date 2 of incorporation and the first of July in the second year next succeed- 3 ing the year in which this act shall have become a law from and includ- 4 ing the date of incorporation until the date of establishment. 5 5. "Preceding municipality" shall mean the city government for the 6 geographical area of the city of Staten Island existing immediately 7 prior to the incorporation of the city of Staten Island and which shall 8 exercise full municipal powers and duties for such area during the tran- 9 sition period. 10 6. "Judiciary transition period" shall mean the period of time between 11 the date of incorporation of the city of Staten Island and December 12 thirty-first in the fifth year following such incorporation or until the 13 provisions of article 5-C of the judiciary law are specifically super- 14 seded by state law. At the conclusion of the judiciary transition peri- 15 od, the city of Staten Island shall be authorized to exercise full judi- 16 cial authority over the citizens and territory of the city of Staten 17 Island. 18 § 1-004. Incorporation. The city of Staten Island is hereby incorpo- 19 rated on the first of January next succeeding the date on which this act 20 shall have become a law. The boundaries of such city shall be as 21 described in section 1-02 of the charter of the city of Staten Island as 22 set forth in section 2-001 of this act. During the transition period 23 such city shall not have the powers or duties of a municipality except 24 those which are provided for pursuant to this act to provide for the 25 transition of government and the establishment of such city. During the 26 transition period, the preceding municipality shall possess and exercise 27 full municipal powers and duties for the area to become the city of 28 Staten Island except for those powers and duties as may be provided by 29 the provisions of this act. Powers and duties of the city of Staten 30 Island not yet in effect shall remain with the preceding municipality 31 until such time as those powers and duties are transferred to the city 32 of Staten Island pursuant to the provisions of this act. Except as 33 otherwise provided by this act, full powers and duties shall devolve to 34 the city of Staten Island on the first of July in the second year next 35 succeeding the date on which this act shall have become a law. The 36 following powers, duties and functions regarding the judiciary during 37 the judicial transition period and other matters as jointly determined 38 by the city of Staten Island and the preceding municipality in accord- 39 ance with the provisions as outlined elsewhere in this act, will be 40 shared by both municipalities. The city of Staten Island shall be estab- 41 lished on the first of July in the second year next succeeding the date 42 on which this act shall have become a law, on which date the city of 43 Staten Island shall possess full municipal powers and duties as are 44 provided under law and the preceding municipality shall cease to possess 45 municipal powers and duties regarding the city of Staten Island. 46 § 2-001. Charter of the city of Staten Island. The city charter of 47 the city of Staten Island is enacted to read as follows: 48 Charter of the City of Staten Island 49 Table of Contents 50 Preamble 51 Chapter 1 General Provisions 52 Chapter 2 Powers of the City 53 Chapter 3 Mayor 54 Chapter 4 Common Council 55 Chapter 5 Comptroller 
 S. 8578 6 1 Chapter 6 The Budgetary Process: Expense and Capital 2 Chapter 7 Planning Department 3 Chapter 8 Franchises 4 Chapter 9 Contracting 5 Chapter 10 Referendum and Amendment 6 Chapter 11 Property of the City 7 Chapter 12 Personnel Management 8 Chapter 13 Equal Employment Practices Commission 9 Chapter 14 Collective Bargaining 10 Chapter 15 Transitory Provisions 11 Chapter 16 Labor Relations 12 CHARTER OF THE CITY OF STATEN ISLAND 13 Preamble 14 The People of Staten Island, exercising their right to propose a 15 government of their choosing through which all people can be effectively 16 represented, do hereby adopt this Charter. 17 The birth of a city, must, of necessity, take place in an aura of 18 excitement and great expectations. When it occurs at a time when society 19 is experiencing strong institutional challenges in a climate of skepti- 20 cism, it places heavy burdens on those responsible for leadership to 21 sustain a commitment by the people to live and function together as a 22 community. 23 The provision of a structure of governance at the local level is an 24 extraordinary and crucial responsibility. Sophocles wisely observed that 25 "the city is the people." The City of Staten Island must place a high 26 premium on assuring meaningful participation of its citizenry in the 27 governmental decisions affecting their lives. 28 We must respect the principles of equality and of the social dignity 29 of all of our residents and provide for the complete development of the 30 individual, promoting actions which favor the advancement of men and 31 women in realizing their fullest potential. We must embrace policies 32 that promote and give effectiveness to the rights of every person, with 33 particular attention to those who face special challenges, in striving 34 for a full life. 35 We must assert a policy of favoring equal opportunity employment for 36 all women and men. We must foster a culture that is peaceful and non- 37 violent and that safeguards the rights of all inhabitants to carry out 38 their lawful activities on Staten Island. 39 We should give strong supportive efforts for the conservation and 40 defense of the environment along with the advancement of the cultural 41 and natural values that sustain them. We consent to be governed by the 42 new municipality in the belief that a smaller, localized city government 43 may effectively and responsibly balance the needs of the people with the 44 cost of providing municipal services. 45 The City of Staten Island can serve as a model for the promotion of 46 the common welfare, the guarantor of individual liberties and the guard- 47 ian of the social, spiritual, economic and cultural concerns of its 48 inhabitants. 49 We believe this act of self determination to be in the best interests 50 of the people of Staten Island and the people of the City of New York 51 and we hope that together, as sister cities, we can work cooperatively 52 in efforts of regional concern and for the betterment of New York State. 53 Chapter 1 54 General Provisions 
 S. 8578 7 1 § 1-01. Incorporation. 2 The citizens of the State of New York from time to time inhabitants of 3 the territory in the County of Richmond, included in the boundaries set 4 forth in section 1-02 of this chapter, shall be known as the City of 5 Staten Island, and shall be a municipal corporation in perpetuity under 6 the name of "The City of Staten Island." 7 § 1-02. Boundaries. 8 The City of Staten Island shall consist of all the territory known as 9 Richmond county, which shall contain all that part of the state, bounded 10 on the north by the center line of the Kill Van Kull which center line 11 would extend easterly to the extension of the center line of North River 12 and Upper New York Bay, then on the east by the extension of the afore- 13 mentioned center line of Upper New York Bay running southerly through 14 the Narrows between Richmond county and Kings county and continuing 15 through Lower New York Bay to the Atlantic Ocean, and bounded on the 16 south east by the Atlantic Ocean to the boundary of the state of New 17 York and the state of New Jersey at Raritan Bay, and on the west follow- 18 ing the center line of the Kill Van Kull and the center line of the 19 Arthur Kill which is the boundary between the state of New York and the 20 state of New Jersey, including Staten Island, Island of Meadows, Pralls 21 Island, Hoffman Island, Swinburne Island, that part of Shooters Island 22 within the state of New York, and all other islands or parts thereof 23 situated within the aforedescribed bounds. 24 Chapter 2 25 Powers of the City 26 § 2-01. Powers. 27 The city shall have and may exercise all powers necessary for local 28 self-government and any additional powers and authority which are now or 29 may be hereafter granted to it under the Constitution or laws of this 30 State, as fully and completely as though such powers were specifically 31 enumerated in this Charter and no enumerations of particular powers in 32 this Charter shall be held to be exclusive but shall be held to be in 33 addition to this general grant of powers. 34 § 2-02. Purposes. 35 All city powers shall be used to serve and advance the general 36 welfare, health, happiness, safety and aspirations of its inhabitants, 37 present and future, and to encourage their full participation in the 38 process of governance. 39 Chapter 3 40 Mayor 41 § 3-01. Executive power. 42 The executive power of the city shall be vested in and exercised by 43 the mayor as chief executive officer. 44 § 3-02. Election; term. 45 The mayor shall be elected at the first general election following the 46 effective date of this charter and every fourth year thereafter. The 47 mayor shall hold office for a term of four years commencing on the first 48 of January after each such election. 49 § 3-03. Qualifications. 50 The mayor shall be a citizen of the United States, a qualified elector 51 of the city, and shall have been a resident of the city for at least one 52 year immediately preceding his/her election. 53 § 3-04. Deputy mayor. 54 The mayor shall appoint and at pleasure remove a deputy mayor who 55 shall have such powers and duties as may be assigned by the mayor and 
 S. 8578 8 1 who shall act temporarily as mayor in case of the mayor's temporary 2 inability, absence or illness as is provided by this charter. 3 § 3-05. Removal of the mayor. 4 The mayor may be removed from office by the governor upon charges and 5 after service upon him or her of a copy of the charges and an opportu- 6 nity to be heard in his or her defense. Pending the preparation and 7 disposition of charges, the governor may suspend the mayor for a period 8 not exceeding thirty days. 9 § 3-06. Succession. 10 (a) In case of the suspension of the mayor from office, the mayor's 11 temporary inability to discharge the powers and duties of the office of 12 mayor by reason of sickness or otherwise, or the mayor's absence from 13 the city, the powers and duties of the office of mayor shall devolve 14 upon the deputy mayor or an acting mayor in case of a vacancy in the 15 office of deputy mayor pending a special election to fill the vacancy in 16 the office of mayor as provided in subdivision (c) of this section. 17 While so acting temporarily as mayor the deputy mayor or acting mayor 18 shall not exercise any power of appointment to or removal from office; 19 and shall not, until such suspension, inability or absence shall have 20 continued nine days, sign, approve or disapprove any local law or resol- 21 ution, unless the period during which the mayor can act thereon would 22 expire during said nine days in which case the deputy mayor or acting 23 mayor in case of a vacancy in the office of deputy mayor shall have the 24 power to disapprove the same within forty-eight hours before the time to 25 act expires. 26 (b) In case of a failure of a person elected as mayor to qualify, or a 27 vacancy in the office caused by the mayor's resignation, removal, death 28 or permanent inability to discharge the powers and duties of the office 29 of mayor, such powers shall devolve upon the deputy mayor or acting 30 mayor in case of a vacancy in the office of deputy mayor pending a 31 special election to fill the vacancy for the remainder of the unexpired 32 term in the office of mayor as provided in subdivision (c) of this 33 section, such special election to take place thirty days after the proc- 34 lamation that such vacancy exists. 35 (c) Within seven days of the occurrence of a vacancy in the office of 36 mayor, the council shall proclaim the date for the special election to 37 fill the vacancy required by this subdivision and such election shall 38 take place thirty days after said proclamation. The council shall 39 provide notice of such proclamation to the city clerk and board of 40 elections and publish notice thereof, and the board of elections shall 41 mail notice of such election to all registered voters within the city 42 and shall conduct such special election thirty days after the proclama- 43 tion. 44 (d) A party nomination of a candidate for the special election to fill 45 a vacancy in the office of mayor for the remainder of the unexpired term 46 shall be made in the manner prescribed by the rules of the party. 47 (e) An independent nominating petition for the nomination of candi- 48 dates to fill the vacancy must be signed by registered voters numbering 49 five per centum of the total number of votes cast for governor at the 50 last gubernatorial election in the city of Staten Island, excluding 51 blank and void votes, except that not more than two thousand signatures 52 shall be required upon any such petition. 53 (f) Any vacancy in the office of mayor that occurs after July tenth 54 and on or before September nineteenth in any year shall be filled at the 55 general election held in such year. 
 S. 8578 9 1 (g) Any vacancy that occurs on or after September twentieth in any 2 year and not later than thirty-seven days before the first Tuesday in 3 December shall be filled at a special election to be held on the first 4 Tuesday in December in such year. 5 A person elected to fill a vacancy in the office of mayor at a special 6 election shall take office immediately upon qualification and fill the 7 vacancy for the remainder of the unexpired term. 8 § 3-07. Appointment and removal of officers and employees. 9 (a) The mayor shall appoint the heads of administrations, departments, 10 all commissioners, and all other officers not elected by the people 11 including a city clerk, except as otherwise provided in this charter or 12 by law. 13 (b) The mayor, whenever in his or her judgment the public interest 14 shall so require, may remove from office any public officer holding 15 office by appointment from a mayor of the city, except officers for 16 whose removal other provision is made by law. No public officer shall 17 hold his or her office for any specific term, except as otherwise 18 provided by law. 19 § 3-08. General Powers. 20 (a) The mayor, subject to this charter, shall exercise all the powers 21 vested in the city, except as otherwise provided by law. 22 (b) The mayor shall have the power: 23 1. to supervise, direct and control, subject to law, the administra- 24 tive services and departments of government; 25 2. to see that the ordinances of the city and laws of the city and 26 state are properly administered and enforced; 27 3. to prepare and submit to the council an annual report of his or her 28 work, which shall be made public and which shall include a summary of 29 agency service goals, performance measures and actual performance rela- 30 tive to goals for each service delivery program and an appendix of those 31 programs which provide abatements or reductions of taxes for businesses 32 in the city; 33 4. to prepare and submit a budget message and an expense budget and 34 capital budget annually to the council for its consideration and neces- 35 sary action in accordance with this charter and the city code; 36 5. to call special sessions of the council; 37 6. to approve or to veto acts of the council in the manner prescribed 38 by this charter; 39 7. to inquire into the conduct of any city department, agency, board 40 or commission, except elected officials and their offices; and to make 41 investigation as to municipal affairs and, for that purpose, may subpoe- 42 na witnesses, administer oaths and compel production of books, papers 43 and other evidence. Failure to obey such subpoena or to produce books, 44 papers or evidence as ordered under this section shall be punishable as 45 a misdemeanor; 46 8. to create or abolish bureaus, divisions or positions within the 47 executive office of the mayor or city departments as he or she may deem 48 necessary to fulfill mayoral duties; 49 9. to delegate to or withdraw from any member of said office, speci- 50 fied functions, powers and duties, except the mayor's power to act on 51 local laws or resolutions of the council or to appoint or remove offi- 52 cials; 53 10. to perform all such duties as may be presented for the mayor in 54 this charter, or other law, or by act of the council. 55 (c) Notwithstanding any other provision of law, the mayor shall have 56 the powers of a finance board under the local finance law and may exer- 
 S. 8578 10 1 cise such powers without regard to any provision of law prescribing the 2 voting strength required for a resolution or action of such finance 3 board, provided, however, that whenever the mayor determines that obli- 4 gations should be issued and the amount thereof, the mayor shall certify 5 such determination to the comptroller who shall thereupon determine the 6 nature and term of such obligations and shall arrange for the issuance 7 thereof. 8 Chapter 4 9 Common Council 10 § 4-01. Legislative power. 11 The legislative power of the city shall be vested in and exercised by 12 the common council, hereinafter referred to as the council, except as 13 otherwise provided by this charter. 14 § 4-02. Number, election and terms of office of council members. 15 (a) The council shall consist of fifteen members each elected from 16 separate council districts. Eight council members shall be elected from 17 districts denominated "A" districts and seven council members shall be 18 elected from districts denominated "B" districts. The eight council 19 members who represent "A" districts shall be elected at the general 20 election to be held in the years ending in seven, one and five. The 21 seven council members who represent "B" districts shall be elected at 22 the general election to be held in the years ending in seven, nine and 23 three. 24 (b) The boundaries and designations of the council districts shall be 25 drawn and specified pursuant to section 5 of chapter 773 of the laws of 26 1989 and shall remain in effect until altered or changed in accordance 27 with the provisions of this charter. Council members shall be elected at 28 the first general election following the effective date of this charter, 29 except as otherwise provided by transition provisions. The term of 30 office of a council member shall begin on January first following such 31 election and shall be for either a four-year or two-year period as 32 provided in subdivision (a) of this section or until a successor is duly 33 elected and qualified. 34 § 4-03. Qualifications. 35 Each council member shall be a citizen of the United States and shall 36 have been resident of the city for one year immediately preceding his or 37 her election and shall reside in the district from which elected while 38 serving as a council member. Removal of residence from the city or from 39 the council district following election or during the term of office 40 shall constitute immediate forfeiture of office and a vacancy shall 41 exist in the district from which the council member was elected. 42 § 4-04. Organization. 43 The council shall determine the rules of its own proceedings at the 44 first stated meeting of the council in each year. The council by majori- 45 ty vote of all its members shall elect one member as speaker and such 46 other officers as it deems appropriate. 47 § 4-05. Vacancy. 48 (a) The office of a council member shall become vacant upon the 49 member's death, resignation, removal from office or forfeiture of office 50 in any manner authorized by law. A council member shall forfeit that 51 office if the council member violates any express prohibition of this 52 charter or lacks at any time during the term of office for which he or 53 she was elected any qualification for the office prescribed by the char- 54 ter or by law. 55 (b) Within seven days of the occurrence of a vacancy in the council, 56 the mayor shall proclaim the date for a special election to fill the 
 S. 8578 11 1 vacancy required by this subdivision and such election shall take place 2 thirty days after said proclamation. The mayor shall provide notice of 3 such proclamation to the city clerk and board of elections and publish 4 notice thereof, and the board of elections shall mail notice of such 5 election to all registered voters within the district in which the 6 vacancy has occurred and shall conduct such special election thirty days 7 after the proclamation. 8 (c) A party nomination of a candidate for the special election to fill 9 a vacancy in the council for the remainder of the unexpired term shall 10 be made in the manner prescribed by the rules of the party. 11 (d) An independent nominating petition for the nomination of candi- 12 dates to fill the vacancy must be signed by voters numbering five per 13 centum of the total number of votes cast in the district for governor at 14 the last gubernatorial election in the city, excluding blank and void 15 votes, or as provided by the New York state election law. 16 (e) Any vacancy that occurs in the council after July tenth and on or 17 before September nineteenth in any year shall be filled at the general 18 election held in such year. 19 (f) Any vacancy that occurs on or after September twentieth in any 20 year and not later than thirty-seven days before the first Tuesday in 21 December shall be filled at a special election to be held on the first 22 Tuesday in December in such year. 23 A person elected to fill a vacancy in the council at a special 24 election shall take office immediately upon qualification and fill the 25 vacancy for the remainder of the unexpired term. 26 § 4-06. Powers. 27 (a) All legislative power shall be vested in a council. 28 (b) The council shall have the following additional powers: 29 1. to employ or retain its own staff and consultants including a clerk 30 of the council; 31 2. to conduct investigations in accordance with the provisions of this 32 charter; 33 3. to designate an acting mayor within seventy-two hours of the occur- 34 rence of a vacancy in both the office of mayor and the office of deputy 35 mayor; 36 4. to approve appointments as provided in this charter, except as 37 otherwise mandated by law; 38 5. to exercise the power of removal as provided in this charter; 39 6. to override the veto of a mayor by a two-thirds vote of all the 40 members; 41 7. to disapprove within thirty days any proposed designation by the 42 department of city planning of a landmark, landmark site, interior land- 43 mark, scenic landmark or historic district, provided however, that in 44 the absence of any such disapproval the proposed designation shall 45 become effective thirty days after having been referred to the council 46 by the department of city planning; 47 8. to call a meeting at any time between the council and the mayor 48 jointly to discuss legislation or business of the city in general, and 49 by a two-thirds vote of all the members to compel the attendance of the 50 mayor at a council hearing; and 51 9. to exercise other powers conferred by this charter. 52 § 4-07. Clerk of the council. 53 (a) The council shall appoint a clerk who shall perform such duties as 54 may be prescribed by law. The clerk so appointed shall be the clerk of 55 the council and shall serve at the pleasure of the council. The clerk 56 shall attend the meetings of the council, keep a journal of its 
 S. 8578 12 1 proceedings and discharge such other duties as may be prescribed by this 2 charter or other law. 3 (b) The clerk shall keep each local law passed in a book provided for 4 that purpose, with proper indices, which book shall be deemed a public 5 record of such local laws, and each local law shall be attested by said 6 clerk. The clerk shall cause to be published all notices, advertising 7 matters or proceedings as required by the provisions of this charter or 8 by other law. It shall be the duty of the clerk to keep open for 9 inspection at all reasonable times the records and minutes of the 10 proceedings of the council. 11 § 4-08. Investigations. 12 The council shall have the power to investigate any matters within its 13 jurisdiction relating to the property, affairs, or government of the 14 city, or to any other powers of the council, or to the effectuation of 15 the purposes or provisions of this charter or any laws relating to the 16 city, and to incur expenses therefor which shall be a general city 17 charge in the absence of an appropriation. The council shall have the 18 power to require the attendance and examine and take testimony under 19 oath of such persons as it may deem necessary and to require the 20 production of books, accounts, papers and other evidence relative to the 21 inquiry kept by any person which may relate to such investigation or the 22 attendance of any person having knowledge of the subject matter of the 23 investigation. 24 § 4-09. Local laws. 25 (a) Except as otherwise provided by law, all legislative action by the 26 council shall be by local law. Every local law shall contain only one 27 subject. The title shall clearly refer to the subject matter. 28 (b) The council shall take no final action on any legislation until a 29 minimum of three days, exclusive of Sundays, has elapsed from the date 30 of its introduction, unless the mayor shall have certified as to the 31 necessity for its immediate passage and such local law be passed by the 32 affirmative vote of two-thirds of all the council members; provided 33 however that general plans, development plans and amendments and 34 revisions thereto shall not be so certified. 35 (c) Every local law passed by the council shall be certified by the 36 clerk of the council and shall be presented to the mayor for approval 37 prior to its effective date. The mayor shall sign the legislation within 38 ten days if approved, but, if not, shall return it to the council 39 together with a written statement of his or her objections. The council, 40 within thirty days may reconsider any legislation disapproved by the 41 mayor and may pass it by a two-thirds vote of all the members. If the 42 mayor fails to sign or return legislation to the council with reasons 43 for disapproval, it shall become law as of its effective date, thirty 44 days after submission to the mayor. 45 (d) No proposed local law or budget modification shall be voted on by 46 a council committee or the council unless it is accompanied by a fiscal 47 impact statement containing the following information: 48 1. the fiscal year in which the proposed law or modification would 49 first become effective and the first fiscal year in which the full 50 fiscal impact of the law or modification is expected to occur; 51 2. an estimate of the fiscal impact of the law or modification on the 52 revenues and expenditures of the city during the fiscal year in which 53 the law or modification is to first become effective, during the 54 succeeding fiscal year, and during the first fiscal year in which the 55 full fiscal impact of the law or modification is expected to occur; and 56 3. a list of sources of information used in its preparation. 
 S. 8578 13 1 (e) All agency heads shall promptly provide to any council committee 2 any information that it requests to assist it in preparing a fiscal 3 impact statement. 4 § 4-10. Districting commission. 5 (a) There shall be a districting commission consisting of seven 6 members appointed as provided in this section. 7 (b) Each member of the commission shall be a citizen of the United 8 States and shall have been a resident of the city for one year imme- 9 diately preceding his or her appointment. 10 (c) The majority leader in the council shall appoint three members of 11 the commission. 12 (d) The minority leader in the council shall appoint two members of 13 the commission. 14 (e) If only one political party has a council delegation, then the 15 chairpersons of the county committees of the political party with no 16 council delegation which, at the time of the last general election for 17 council preceding the time at which such appointments are required to be 18 made, had the second and third highest number of votes cast in that 19 election, shall each appoint one member of the commission. 20 (f) The mayor shall appoint two additional members who shall not be 21 members of the same political party. 22 (g) In the event of a vacancy by death, resignation or otherwise, a 23 new member enrolled in the same political party from which his or her 24 predecessor was selected shall be appointed in the same manner as the 25 member whose departure from the commission created the vacancy and shall 26 serve for the balance of the term remaining. 27 (h) The members of the commission shall elect one of the seven members 28 to serve as the chair of the commission. 29 § 4-11. Powers of the districting commission. 30 (a) Following each decennial census, the commission shall prepare a 31 plan for dividing the city into districts for the election of council 32 members. 33 (b) The commission shall submit its plan to the council for its final 34 adoption and such plan shall not be subject to any mayoral action in 35 order to become effective. 36 § 4-12. Community advisory boards. 37 (a) The common council is hereby authorized to create, by local law, 38 one or more community advisory board districts and corresponding commu- 39 nity advisory boards to consider the needs of such districts, and to 40 cooperate with, consult, assist and advise members of the common coun- 41 cil, as well as any public officer, agency, and local administrators of 42 such agencies, with respect to any matter relating to the welfare of the 43 residents of such districts. 44 (b) The number of community advisory boards and the number of members 45 appointed to serve on such board or boards shall be determined by the 46 common council as it deems appropriate. 47 (c) In addition, the boundary lines of the community advisory board 48 districts created hereunder shall be coterminous with the boundary lines 49 of one or more council districts so that no council district shall be 50 included in more than one community advisory board district. 51 (d) Members of the community advisory boards shall serve without 52 compensation and shall serve for not more than two (2) consecutive two- 53 year terms so as to maximize the opportunities for meaningful partic- 54 ipation in local government for all city residents, and to preserve the 55 spirit and long-standing tradition of excellent voluntarism on Staten 56 Island. 
 S. 8578 14 1 Chapter 5 2 Comptroller 3 § 5-01. Election; term. 4 The comptroller shall be elected by the electors of the city at the 5 same time and for the same term as this charter prescribes for the 6 mayor. The comptroller shall serve for a term of four years commencing 7 on the first of January following such election and until a successor is 8 elected and qualified. 9 § 5-02. Powers and duties. 10 (a) The comptroller shall have the following powers and duties: 11 1. to advise the mayor and the council on the financial condition of 12 the city or any phase thereof; 13 2. to make recommendations, comments and criticisms in regard to the 14 operations, fiscal policies and financial transactions of the city as he 15 or she may deem advisable; 16 3. to audit and investigate all matters relating to or affecting the 17 finances of the city, including without limitation the performance of 18 contracts and the receipt and expenditure of city funds, and for such 19 purpose shall have the power to require the attendance and examine and 20 take the testimony under oath of such persons as the comptroller may 21 deem necessary; 22 4. to submit an annual report to the mayor and the council showing 23 revenues, receipts and expenditures, the sources from which the revenues 24 and funds are derived and how they have been disbursed; 25 5. to inspect, revise and prescribe the form of reports and accounts 26 of the agencies, trusts, the council and units of government; 27 6. to audit all agencies, trusts, the council and units of government 28 whenever the comptroller decides it is necessary or is directed to 29 conduct such an audit either by the mayor or by the council. The comp- 30 troller shall be entitled to obtain access to agency records required by 31 law to be kept confidential, other than records which are protected by 32 the privileges for attorney-client communications, attorney work 33 products, or material prepared for litigation, upon a representation by 34 the comptroller that necessary and appropriate steps will be taken to 35 protect the confidentiality of such records. 36 (b) The comptroller shall establish a regular auditing cycle to ensure 37 that one or more of the programs or activities of each city agency, or 38 one or more aspects of each agency's operations, is audited at least 39 once every four years. The audits conducted by the comptroller shall 40 comply with generally accepted government auditing standards. In accord- 41 ance with such standards, and before any draft or final audit or audit 42 report, or portion thereof, may be made public, the comptroller shall 43 send a copy of the draft audit or audit report to the head of the audit- 44 ed agency and provide the agency, in writing, with a reasonable deadline 45 for its review and response. The comptroller shall include copies of any 46 such agency response in any draft or final audit or audit report, or 47 portion thereof, which is made public. The comptroller shall send copies 48 of all final audits and audit reports to the mayor and the council. 49 (c) The comptroller shall establish for his or her office and for all 50 city agencies a uniform system of accounting and reporting based on 51 generally accepted accounting principles. 52 (d) The comptroller shall perform such other functions and duties as 53 may be required by other provisions of this charter or by law. 54 § 5-03. Qualifications. 
 S. 8578 15 1 The comptroller shall be a citizen of the United States, a qualified 2 elector of the city, and shall have been a resident of the city for at 3 least one year immediately preceding his or her election. 4 § 5-04. Deputy comptroller. 5 The comptroller shall appoint and at pleasure remove a deputy comp- 6 troller who in case of a vacancy in the office or in case of the illness 7 or inability of the comptroller to act shall have the same powers and 8 perform the same duties as the comptroller. The qualifications of the 9 nominee for the position of deputy comptroller shall be submitted to the 10 council by the comptroller and the nominee may be requested to appear in 11 person before the council to respond to questions concerning those qual- 12 ifications. 13 § 5-05. Vacancy. 14 (a) Any vacancy in the office of comptroller shall be filled by 15 special election in accordance with the provisions of this charter. In 16 the event of a vacancy in the office of the comptroller or whenever by 17 reason of sickness, absence from the city or suspension from office, the 18 comptroller shall be prevented from attending to the duties of the 19 office, the deputy comptroller shall act as comptroller. 20 (b) Within seven days of the occurrence of a vacancy in the office of 21 comptroller, the mayor shall proclaim the date for the special election 22 required by this subdivision and such election shall take place thirty 23 days after said proclamation. The mayor shall provide notice of such 24 proclamation to the city clerk and board of elections and publish notice 25 thereof, and the board of elections shall mail notice of such election 26 to all registered voters within the city and shall conduct such special 27 election thirty days after the proclamation. 28 (c) A party nomination of a candidate for the special election to fill 29 a vacancy in the office of comptroller for the remainder of the unex- 30 pired term shall be made in the manner prescribed by the rules of the 31 party. 32 (d) An independent nominating petition for the nomination of candi- 33 dates to fill the vacancy must be signed by registered voters numbering 34 five per centum of the total number of votes cast for governor at the 35 last gubernatorial election in the city, excluding blank and void votes, 36 except that not more than two thousand signatures shall be required upon 37 any such petition. 38 (e) Any vacancy in the office of comptroller that occurs after July 39 tenth and on or before September nineteenth in any year shall be filled 40 at the general election held in such year. 41 (f) Any vacancy that occurs on or after September twentieth in any 42 year and not later than thirty-seven days before the first Tuesday in 43 December shall be filled at a special election to be held on the first 44 Tuesday in December in such year. 45 A person elected to fill a vacancy in the office of comptroller at a 46 special election shall take office immediately upon qualification and 47 fill the vacancy for the remainder of the unexpired term. 48 Chapter 6 49 The Budgetary Process: 50 Expense and Capital 51 § 6-01. Budgetary responsibilities of the mayor. 52 (a) The mayor shall annually prepare and submit to the council prelim- 53 inary and executive budgets, each of which shall present a complete 54 financial plan for the city and its agencies for the ensuing fiscal year 55 and the three succeeding fiscal years. Each such budget shall consist of 
 S. 8578 16 1 three parts: the expense budget, which shall set forth proposed appro- 2 priations for the operating expenses of the city including debt service, 3 and interfund transfers; the capital budget and program, which shall set 4 forth proposed appropriations for capital projects; and the revenue 5 budget, which shall set forth the estimated and anticipated revenues and 6 receipts of the city, as well as any other anticipated sources and uses 7 of funds. 8 (b) The mayor shall appoint the director of the budget who shall 9 assist the mayor in the preparation and the administration of the budg- 10 et. The director shall perform all such duties in regard to the budget 11 and related matters as the mayor may direct. The director shall have the 12 power personally or through representatives, to survey each agency for 13 the purpose of ascertaining its budgetary requirements. The director may 14 require any agency, or any officer or employee, to furnish data and 15 information and to answer inquiries pertinent to the exercise of any of 16 the director's duties in regard to the budget and related matters. 17 § 6-02. Spending pursuant to appropriations. 18 (a) No money, except for grants or gifts from private entities, shall 19 be paid from any fund under the management of the city, or any fund 20 under the management of any agency or officer of the city, or any other 21 entity the majority of the members of whose board are city officials or 22 are appointed directly or indirectly by city officials, except in 23 pursuance of an appropriation by the council or other specific legal 24 authorization provided, however, that: 25 1. if at any time the council shall fail to make an appropriation for 26 the payment of debt service on any debts of the city as they fall due, 27 or for the payments to the several sinking funds, the officer responsi- 28 ble for the collection of taxes shall set apart, from the first revenues 29 thereafter received applicable to the general fund of the city, a sum 30 sufficient to pay such amounts and shall so apply such sum; and 31 2. money, the ownership and equitable title of which belongs to an 32 individual, corporation, organization or government other than the city 33 and which is being held by any agency or officer of the city pending 34 transfer of such money to such individual, corporation, organization or 35 government in accordance with the terms and conditions pursuant to which 36 it was placed in the custody of such agency or officer, may be trans- 37 ferred to such individual, corporation, organization or government by 38 such agency or officer without an appropriation by law provided such 39 transfers are made in accordance with such terms and conditions; and 40 3. money or other financial resources may only be transferred from one 41 fund to another without specific statutory authorization for such a 42 transfer if that money or those other financial resources are being 43 loaned temporarily to such other fund and an accurate accounting and 44 reporting of the balance of financial resources in each fund and of the 45 amount due by each fund to each other fund is made at the end of each 46 month; and 47 4. grants or gifts from private entities exempt from the requirements 48 of this section, and expenditures of such funds, shall be subject to 49 disclosure, at least annually, by the responsible agency, officer or 50 entity in a form and containing such information as the mayor shall 51 prescribe for this purpose by rule. 52 (b) The head of each agency of the city, and each entity the majority 53 of the members of whose board are city officials or individuals 54 appointed directly or indirectly by city officials, shall, on or before 55 the fifteenth of October in each year, submit to the mayor and the coun- 56 cil, in such form as the mayor shall prescribe, a statement of the 
 S. 8578 17 1 sources, amounts and disposition of all money received by such agency or 2 entity, or by a unit or officer of such agency during the preceding 3 fiscal year, other than money appropriated for the use of such agency or 4 entity by the council, or money paid by such agency or entity into the 5 city treasury and reported in the annual report of the comptroller for 6 such fiscal year. The mayor shall ensure that copies of such statements 7 are available for public inspection, and shall designate a city officer 8 to maintain copies of such statements for such purpose. 9 § 6-03. Fiscal year. 10 The fiscal year of the city shall commence on July first in each year 11 and shall terminate at midnight on the ensuing June thirtieth. 12 § 6-04. Budgetary process and timeline. 13 Except where noted otherwise, each step should be taken not later than 14 the dates indicated below. 15 (a) Ten-year capital strategy. 16 1. Draft: November first in each even-numbered year. 17 2. Report and hearing on the first draft: January sixteenth in each 18 odd numbered year. 19 3. Mayor's issuance: April twenty-sixth in each odd numbered year. 20 4. Comparison of adopted budget and ten-year capital strategy: thirty 21 days after the budget is adopted in each year. 22 (b) Revenue estimation report of the comptroller and mayor. 23 1. The comptroller shall certify to the mayor the actual revenues for 24 the previous fiscal year: October thirty-first. 25 2. The mayor shall report comparing actual revenues to estimated 26 revenues in the budget as adopted for the previous fiscal year: November 27 fifteenth. 28 (c) Departmental estimates and the mayor's preliminary budget public 29 hearings: such date as the mayor may direct. 30 (d) Report of the comptroller on capital debt and obligations: Decem- 31 ber first. 32 (e) Report of the comptroller on the state of the city's finances to 33 the council: December fifteenth. 34 (f) Preliminary certificate of the mayor on capital debt and obli- 35 gations to the council and comptroller: January sixteenth. At any time 36 up to the submission of the executive capital budget to the council, the 37 mayor may amend such preliminary certificate. 38 (g) Preliminary budget submitted to the council: January sixteenth. 39 (h) Finance commissioner's estimate of assessed valuation, and state- 40 ment of taxes due and uncollected submitted to the mayor and council: 41 February fifteenth. 42 (i) Comptroller's statement of debt service: March first. 43 (j) The council's operating budget. March tenth: the council shall 44 approve and submit to the mayor estimates of its financial needs for the 45 ensuing fiscal year. 46 (k) Council committees' preliminary budget hearings on: 47 1. program objectives and fiscal implications of preliminary budget, 48 draft ten year capital strategy, city planning director's report on the 49 draft strategy, and the status of capital projects and expense appropri- 50 ations previously authorized; and 51 2. recommendations for any changes in the unit of appropriation struc- 52 ture, or any change in the memorandum of understanding of the terms and 53 conditions regarding such units of appropriations; and 54 3. the council's findings and the net effect of the changes recom- 55 mended on the preliminary capital budget shall not exceed the maximum 56 amount set forth in the preliminary certificate: March twenty-fifth. 
 S. 8578 18 1 (l) Executive budget, the four-year financial plan and budget message 2 with any accompanying reports and schedules submission for the ensuing 3 fiscal year: April twenty-sixth. 4 (m) Proposed local laws and home rule requests necessary to implement 5 the recommendations made in the executive budget: as soon after April 6 twenty-sixth as is practicable. 7 (n) Executive budget hearings: the council shall hold public hearings 8 on the budget as presented by the mayor between May sixth and twenty- 9 fifth. 10 (o) Amendment and adoption of the executive budget: by June fifth. 11 1. The council may alter the contents of the budget within the total 12 revenues estimated by the mayor and the maximum debt for capital, except 13 for the amounts set aside for the repayment of debt. 14 2. The budget when adopted by the council shall become effective imme- 15 diately, except appropriations for the council or appropriations added 16 to the mayor's executive budget by the council or any changes in terms 17 and conditions or in the memorandum of understanding regarding such 18 terms and conditions shall be subject to the mayor's veto. 19 3. If an expense budget has not been adopted by the fifth of June, the 20 expense budget and tax rate adopted as modified for the current fiscal 21 year shall be deemed to have been extended for the new fiscal year until 22 such time as a new expense budget has been adopted. 23 4. If a capital budget and a capital program have not been adopted by 24 the fifth of June the unutilized portion of all prior capital appropri- 25 ations shall be deemed reappropriated. 26 (p) Veto of the mayor. 27 1. The mayor, not later than the fifth day after the council has acted 28 upon the budget or capital program submitted with the executive budget, 29 may disapprove: 30 (i) any increase or addition to any such bill or program; 31 (ii) any change in any term or condition of the budget; 32 (iii) any change in a memorandum of understanding regarding the terms 33 and conditions; or 34 (iv) any item, term, condition, or provision of a memorandum included 35 in the budget. The mayor's objections shall be returned in writing to 36 the council by such date. 37 2. The council by a two-thirds vote of all the members may override 38 any disapproval of the mayor; however, if no action by the council is 39 taken within ten days of such disapproval, the expense budget shall be 40 deemed adopted as modified by the mayor's disapprovals. 41 (q) Statement of the amount of the budget and estimate by the mayor. 42 1. The mayor shall submit to the council, immediately upon the 43 adoption of a budget, a statement of the amount of the budget as 44 approved by the council for the ensuing fiscal year and the mayor shall 45 prepare and submit to the council not later than the fifth of June an 46 estimate of the probable amount of: 47 (i) receipts into the city treasury during the ensuing fiscal year 48 from all the sources of revenue of the general fund; and 49 (ii) all receipts other than those of the general fund and taxes on 50 real property. The mayor may include in the statement of the amount of 51 the budget as approved by the council a confirmation of such amount, and 52 thereby waive mayoral veto power. 53 2. If, as a result of the exercise of the mayor's veto, the amount of 54 the budget for the ensuing fiscal year differs from the amount of the 55 budget approved by the council, not later than two days after the budget 56 is finally adopted the mayor shall prepare and submit to the council a 
 S. 8578 19 1 statement setting forth the amount of the budget for the ensuing fiscal 2 year, and the council shall, if necessary, fix new annual tax rates. 3 3. The mayor, prior to establishing the final estimate of revenues for 4 the ensuing fiscal year as required by this section, shall consider any 5 alternative estimate of revenues and which is accompanied by a statement 6 of the methodologies and assumptions upon which such estimate is based 7 in such detail as is necessary to facilitate official and public under- 8 standing of such estimates. 9 4. Any person or organization may, prior to May fifteenth, submit to 10 the mayor an official alternative estimate of revenues for consideration 11 by the mayor. Such estimate shall be in a form prescribed by the mayor. 12 (r) Fixing of tax rates. 13 1. The council shall fix the annual tax rates immediately upon the 14 approval of the budget. The council shall deduct the total amount of 15 receipts as estimated by the mayor from the amount of the budget, for 16 the ensuing fiscal year, and shall cause to be raised by tax on real 17 property such sum as shall be as nearly as possible but not less than, 18 the balance so arrived at, by fixing tax rates in cents and thousandths 19 of a cent upon each dollar of assessed valuation. The tax rates shall be 20 such as to produce a balanced budget within generally accepted account- 21 ing principles for municipalities. 22 2. If a budget has not been adopted by the fifth of June, the tax 23 rates adopted for the current fiscal year shall be deemed to have been 24 extended for the new fiscal year until such time as a new budget is 25 adopted. 26 3. In the event the mayor exercises the veto power, the council shall, 27 if necessary, fix new annual rates not later than the date the budget is 28 finally adopted, in accordance with the requirements of paragraph one of 29 subdivision (s) of this section. 30 (s) Completing the assessment rolls and fixing of tax rates. 31 Notwithstanding the provisions of the above subdivisions or any other 32 provisions of law to the contrary: 33 1. if the city council has not fixed the tax rates for the ensuing 34 fiscal year on or before the fifth of June, the commissioner of finance 35 shall be authorized to complete the assessment rolls using estimated 36 rates and to collect the sums therein mentioned according to law. The 37 estimated rates shall equal the tax rates for the current fiscal year; 38 2. if, subsequent to the fifth of June, the council shall, fix the tax 39 rates for the ensuing fiscal year at percentages differing from the 40 estimated rates, real estate tax payments shall nevertheless be payable 41 in accordance with paragraph one of this subdivision at the estimated 42 rates. However, in such event, prior to the first of January in such 43 fiscal year, the commissioner of finance shall cause the completed 44 assessment rolls to be revised to reflect the tax rates fixed by the 45 council, and an amended bill for the installment or installments for 46 such fiscal year due and payable on or after the first of January shall 47 be submitted to each taxpayer in which whatever adjustment may be 48 required as a result of the estimated bill previously submitted to the 49 taxpayer shall be reflected. 50 (t) Appropriation, certification and publication. 51 Not later than the day after the budget is finally adopted the budget 52 and the several amounts therein specified as appropriations or units of 53 appropriation shall be and become appropriated to the several purposes 54 therein named. The budget shall thereupon be filed in the offices of the 55 comptroller and the city clerk, and shall be published forthwith. 56 (u) Council completion of assessment rolls. 
 S. 8578 20 1 At such annual meeting to adopt the budget the council shall cause to 2 be set down in the assessment rolls, opposite to the several sums set 3 down as the valuation of real property, the respective sums, in dollars 4 and cents, to be paid as tax thereon, rejecting the fractions of a cent. 5 It shall also cause to be added and set down the aggregate valuations of 6 the real property, and shall transmit to the comptroller of the state by 7 mail a certificate of such aggregate valuation. 8 (v) Collection of real property tax. 9 1. Immediately upon the completion of the assessment rolls, the city 10 clerk shall produce the proper warrants authorizing and requiring the 11 commissioner to collect the several sums therein mentioned according to 12 law. Such warrants need be signed only by the speaker of the council and 13 countersigned by the city clerk. Immediately thereafter and on or 14 before the thirtieth of June, the assessment rolls of the city as 15 corrected according to law and finally completed, or a fair copy there- 16 of, shall be delivered by the speaker to the commissioner with the prop- 17 er warrants, so signed and counter signed, annexed thereto. At the same 18 time the speaker shall notify the comptroller of the amount of taxes in 19 each book of the assessment rolls so delivered. 20 2. The commissioner upon receiving the assessment rolls and warrants 21 shall immediately cause the assessment rolls and warrants to be filed 22 with the city clerk. 23 (w) Mayor's financial plan update: thirty days after budget adopted. 24 § 6-05. Format of expense budget departmental estimates, preliminary 25 expense budget, and executive expense budget. 26 (a) The expense budget departmental estimates, the preliminary expense 27 budget, and the executive expense budget for each year shall consist of 28 proposed units of appropriation for personal service and proposed units 29 of appropriation for other than personal service for the ensuing fiscal 30 year. 31 (b) Each agency head, for the departmental estimates, and the mayor, 32 for the executive budget, shall submit: 33 1. a statement of the impact of the proposed units of appropriation on 34 the level of services to be provided during the ensuing fiscal year; and 35 2. for each community within the city as identified in the council's 36 hearings on local and neighborhood budget needs, a written response to 37 each of the expense budget priorities included in the committee's recom- 38 mendations of budget priorities submitted in accordance with provisions 39 of this charter, including the disposition of each such priority and a 40 meaningful explanation of any disapprovals contained in such estimates 41 or budget. 42 (c) Each proposed unit of appropriation shall represent the amount 43 requested for personal service or for other than personal service for a 44 particular program, purpose, or activity within an agency, department, 45 organization or institution; provided, however, that a single unit of 46 appropriation for personal service or a single unit of appropriation for 47 other than personal service may represent the amount requested for more 48 than one particular program, purpose, or activity for an agency, depart- 49 ment, organization or institution if the council has adopted, on the 50 recommendation of the mayor, or if the council has adopted on its own 51 initiative and the mayor has approved, a resolution setting forth the 52 names, and a statement of the programmatic objectives, of each program, 53 purpose, or activity for an agency, department, organization, or insti- 54 tution to be included in such a single unit of appropriation. Copies of 55 such resolutions must be included as an appendix to any preliminary 56 budget, executive budget, and adopted budget to which they apply. If, 
 S. 8578 21 1 in accordance with such a resolution, a proposed unit of appropriation 2 for other than personal service shall represent the total amount 3 requested for other than personal service for more than one proposed 4 unit of appropriation for personal service, the amount of such unit of 5 appropriation for other than personal service which is allocable to each 6 unit of appropriation for personal service shall be set forth for infor- 7 mational purposes at the end of each such unit of appropriation for 8 personal service. If, in accordance with such a resolution, a proposed 9 unit of appropriation for personal service shall represent the total 10 amount requested for personal service for more than one proposed unit of 11 appropriation for other than personal service, the amount of such unit 12 of appropriation for personal service which is allocable to each unit of 13 appropriation for other than personal service shall be set forth for 14 informational purposes at the end of each such unit of appropriation for 15 other than personal service. 16 (d) Each proposed unit of appropriation contained in the departmental 17 estimates, the preliminary expense budget and the executive expense 18 budget shall be accompanied by a statement of the programmatic objec- 19 tives of the program, purpose, activity for the agency, department, 20 organization or institution involved. 21 (e) Each proposed unit of appropriation contained in the departmental 22 estimates and the executive budget shall be supported by line items 23 showing how the total amount of such unit is determined. 24 (f) The departmental estimates shall be in such form and contain such 25 further information as may be required by the mayor or by law. Such 26 departmental estimates shall be public records and which shall at all 27 reasonable times be open to public inspection. 28 (g) For each city agency that has local service districts within 29 communities as defined by local law, where practicable, shall contain a 30 statement of proposed direct expenditures in meaningful categories of 31 information, in each such service district. 32 § 6-06. Preliminary expense budget. 33 The preliminary expense budget shall contain proposed expenditures and 34 a forecast of revenues for the ensuing fiscal year, including, for each 35 tax revenue source which represents five percent or more of the total 36 forecast of tax revenues, a detailed statement of the methodology and 37 assumptions used to determine the forecast of revenues estimated to be 38 received from such source in sufficient detail to facilitate official 39 and public understanding of the manner in which such forecasts are made, 40 shall indicate proposed units of appropriations for personal service and 41 for other than personal service, shall include a financial plan covering 42 estimates of expenditures and revenues for the four ensuing fiscal years 43 in such years, shall include the departmental estimates of agency 44 expenditures for the ensuing fiscal year together with proposed sources 45 of revenue for each unit of appropriation specified therein and shall 46 present a plan to ensure balance between the expense and revenue budgets 47 during the ensuing fiscal year. 48 § 6-07. Contents of the executive expense budget. 49 (a) There shall be included in the budget: 50 1. Units of appropriation, prepared according to this chapter, in such 51 amounts and upon such terms and conditions as may be determined by the 52 mayor. Such appropriations shall include: 53 (i) the amounts required by law to be appropriated to the several 54 sinking funds as certified by the comptroller; 55 (ii) the amount required to pay the interest and principal of city 56 obligations as certified by the comptroller; 
 S. 8578 22 1 (iii) an amount, as certified by the comptroller, equal to the average 2 of all expenditures during each of the five preceding fiscal years for 3 the payment of the expense of the removal of snow and ice, exclusive of 4 salaries and wages of regular employees of the city except for overtime 5 work and for work on Sundays and holidays, and exclusive of the purchase 6 of equipment; 7 (iv) the several amounts which are payable from sources other than the 8 real estate tax levy, provided however that amounts appropriated pursu- 9 ant to chapter nine of this charter which are allocable to a particular 10 program, purpose, activity or institution, shall be included for infor- 11 mational purposes only; 12 (v) such other amounts as may be required by law; 13 (vi) such amounts as shall be determined in the manner provided in 14 this chapter to be necessary to pay the expenses of conducting the busi- 15 ness of the city for the ensuing fiscal year and for other lawful public 16 purposes; and 17 (vii) a reserve for unanticipated contingencies. 18 2. An identification of the proposed appropriations, being proposed by 19 agency and project type and, within project type, by personal service 20 and other than personal service, for the maintenance of all major 21 portions of the capital plant, as such terms are defined in section 6-16 22 of this chapter. 23 3. The terms and conditions under which appropriations shall be admin- 24 istered. 25 (b) All such units of appropriation and other amounts shall be set 26 forth without deduction of revenues from any source except as otherwise 27 provided by law. 28 (c) The budget message, which shall not be deemed a part of the budg- 29 et, shall include: 30 1. an explanation; 31 2. itemized information and supporting schedules; 32 3. recommendations for any changes in revenue sources and fiscal oper- 33 ations; 34 4. an itemized statement of the actual revenues and receipts and 35 accruals of the general fund and of all other revenue sources; 36 5. a listing of the sources and amounts of all revenues and other 37 monies of a nonrecurring nature; 38 6. a four-year financial plan, containing: 39 (i) for each agency, for all existing programs, forecasts of expendi- 40 tures for the ensuing fiscal year and the succeeding three fiscal years 41 at existing levels of service; 42 (ii) forecasts of revenue by source from existing sources of revenue 43 for the ensuing fiscal year and the succeeding three fiscal years; and 44 (iii) for each new or expanded program, an indication of when such 45 program is projected to be fully implemented and a forecast of the annu- 46 al recurring costs for such program or program expansion after it is 47 fully implemented; 48 7. for each agency, a comparison of the proposed appropriations for 49 the ensuing fiscal year; 50 8. an explanation of principal changes in performance goals and indi- 51 cators; 52 9. an itemized statement, covering the city's entire capital plant, 53 except for those portions of the capital plant which have been committed 54 to the care and control of the board of education; 55 10. a presentation of the maintenance activities proposed by the mayor 56 to be completed during the ensuing fiscal year; 
 S. 8578 23 1 11. a statement of any substantive changes in the methodology and 2 assumptions used to determine the revenue estimates; 3 12. a statement of the implications for the orderly development of the 4 city; and 5 13. a certificate setting forth the maximum amount of debt and 6 reserves. 7 § 6-08. Adoption of expense budget and memorandum of understanding. 8 Adoption of expense budget with regard to a memorandum of understand- 9 ing contained in the terms and conditions. 10 (a) The council may increase, decrease, add or omit any amount in the 11 expense budget as submitted by the mayor, or change any terms and condi- 12 tions of the amount in that category, as stipulated in this chapter; the 13 mayor may disapprove any increase or addition to the amounts in the 14 categories, or any change in any term and condition of the budget, as 15 stipulated in this chapter, the mayor's disapproval may be overridden by 16 a two-thirds vote of all of the members of the council. As part of these 17 procedures the final adopted budget shall have within its terms and 18 conditions a memorandum of understanding, the final format and/or the 19 actual character of which shall be determined jointly by the actions of 20 the council and mayor consistent with the provisions for adopting a 21 local law. Such memorandum of understanding may include the provisions 22 by which the executive may have to schedule the timing and amounts of 23 expenditure or delay of expenditure and in what ways those expenditures 24 may be scheduled or delayed and if agreed to through the normal 25 provisions of adopting the budget, the priority of re-scheduling and or 26 delaying those appropriated expenditures or any part thereof those units 27 of appropriations. These details of the memorandum of understanding are 28 not to preclude or substitute for normal budget modification procedures 29 as detailed below; they are intended to deal with those circumstances 30 not covered by budget modification and/or normal impoundment procedures 31 as detailed below. 32 (b) All spending for services shall be in accordance with the terms 33 and conditions of the expense budget as adopted; provided, however, that 34 during any fiscal year the mayor shall notify the council of any 35 proposed modification of such a term or condition, at least thirty days 36 before the intended effective date of the modification in the term or 37 condition. These provisions are not to affect, hinder or substitute for 38 the normal procedures regarding budget modification or impoundment as 39 stipulated elsewhere in this chapter. 40 § 6-09. Appropriations for goods, services or construction. 41 Appropriations for the procurement of goods, services or construction 42 or the provision of services, utilities, or facilities by a department 43 responsible for general services for other agencies and institutions in 44 accordance with the authority of a department responsible for general 45 services under the provisions of this charter shall be made to a depart- 46 ment responsible for general services but shall be segregated under the 47 name of the agency or institution for which they are intended and shall 48 be considered and accounted for as appropriated for such agency or 49 institution. Nothing herein contained shall prevent the designation of 50 part of such appropriations as a general stores account or under other 51 appropriate designation to enable a department responsible for general 52 services to maintain a stock in anticipation of requirements or to 53 provide services, utilities or facilities for joint use by more than one 54 agency or institution. 55 § 6-10. Expense budget administration. 
 S. 8578 24 1 (a) Except as otherwise provided by law, no unit of appropriation 2 shall be available for expenditure by any city agency until schedules 3 fixing positions and salaries and setting forth other expenses within 4 the units of appropriation are established pursuant to the adopted budg- 5 et, the administration of which is subject to the provisions of this 6 chapter, the state civil service law, and other applicable law. 7 (b) The mayor shall establish and may modify for each agency: 8 1. quarterly spending allotments for each unit of appropriation and 9 2. aggregate position and salary limits for each unit of appropri- 10 ation, which shall be made available for public review upon adequate 11 notice. No agency shall expend any sum in excess of such quarterly 12 spending allotments, or exceed aggregate position and salary limits. The 13 mayor may set aside specified sums as necessary reserves which shall not 14 be included in the quarterly spending allotments until released by the 15 mayor. Each agency shall administer all monies appropriated or available 16 for programs and purposes of the agency in accordance with quarterly 17 allotment plans proposed by the agency and approved or modified by the 18 mayor. Each such plan shall set forth by units of appropriation for the 19 quarter of the fiscal year during which it is to remain in effect: 20 (i) rates of expenditures for personal services and other than 21 personal services; 22 (ii) ceilings on the total number of uniformed, civilian and pedagog- 23 ical employees; and 24 (iii) the total amount of funds to be spent or committed by the agency 25 during such quarter. 26 (c) The mayor shall keep informed during the course of each fiscal 27 year, of the progress of expenditures and the receipt of revenues, and 28 it shall be the duty of all agencies, when requested by the mayor, to 29 supply all information needed for this purpose. 30 (d) The mayor may assume direct responsibility for the administration 31 of the schedule required to be filed by the agency head pursuant to 32 subdivision (a) of this section when in the mayor's judgment the fiscal 33 condition of the city so requires or when an agency: 34 1. is expending funds in excess of the quarterly spending allotments; 35 2. is otherwise not complying with spending allotments or aggregate 36 position and salary limits; or 37 3. is not maintaining adequate accounts pursuant to requirements of 38 this charter. 39 (e) Whenever the mayor determines, pursuant to the provisions of this 40 charter or other relevant statutes, that the full amount of any appro- 41 priation should not be available for expenditure during the fiscal year, 42 the mayor shall notify the council of such determination and the impli- 43 cations and consequences of those impoundments for service levels and 44 programmatic goals affected. The mayor shall respond in writing to a 45 request by the council for an explanation of why an appropriation should 46 not be expended. 47 (f) The head of each agency shall establish the procedure by which 48 charges and liabilities may be incurred on behalf of the agency. Such 49 procedures shall ensure that no officer or employee, on behalf of or in 50 the name of the agency, shall incur a liability or an expense for any 51 purpose in excess of the amount appropriated or otherwise authorized 52 therefor, and no charge, claim or liability shall exist or arise against 53 the city for any sum in excess of the amount appropriated or otherwise 54 authorized for the particular purpose. 55 § 6-11. Budget modification. 
 S. 8578 25 1 (a) Subject to the quarterly spending allotments and aggregate posi- 2 tion and salary limits established pursuant to applicable provisions of 3 this charter, of the state civil service law and of other law, changes 4 in schedules, within units of appropriation, may be made by the head of 5 each agency. Any such changes shall be reported to the mayor and the 6 comptroller not more than ten days after the effective date thereof, and 7 shall be made available for public review upon adequate notice. 8 (b) The mayor during any fiscal year may transfer part or all of any 9 unit of appropriation to another unit of appropriation, except that when 10 any such transfer: 11 1. shall be from one agency to another; or 12 2. shall result in any unit of appropriation having been increased or 13 decreased by more than five per centum or fifty thousand dollars, which- 14 ever is greater, from the budget as adopted for such unit of appropri- 15 ation, the mayor shall notify the council of the proposed action. Within 16 thirty days after the first stated meeting of the council following the 17 receipt of such notice, the council may disapprove the proposed action. 18 Written notice of any transfer pursuant to this subdivision shall be 19 given to the comptroller and shall be published as soon as possible 20 after such transfer. 21 (c) The provisions of this section shall not be deemed to authorize 22 any transfer from appropriations required by law. 23 (d) The council may during any fiscal year transfer part or all of any 24 unit of appropriation within the council appropriation to any other 25 council unit of appropriation for any of its programs or projects or for 26 any other purpose, solely by adoption of a council resolution. Each such 27 transfer shall be published and written notice thereof shall be given to 28 the mayor and to the comptroller not less than ten days before the 29 effective date thereof. 30 (e) The procedures and required approvals pursuant to the amendment, 31 adoption of the budget, veto of the mayor and appropriation, certif- 32 ication and publication of the budget, without regard to the dates spec- 33 ified therein, shall be followed in the case of: 34 1. any proposed amendment to the budget respecting the creation of new 35 units of appropriation, 36 2. the appropriation of new revenues from any source except for reven- 37 ues from federal, state or private sources in regard to the use of which 38 the city has no discretion provided, however, that the mayor shall give 39 notice to the council of the receipt and proposed utilization of any 40 such revenues, or 41 3. the proposed use by the city of previously unappropriated funds 42 received from any source. Any request by the mayor respecting an amend- 43 ment to the budget that involves an increase in the budget shall be 44 accompanied by a statement of the source of current revenues or other 45 identifiable and currently available funds required for the payment of 46 such additional amounts. 47 § 6-12. Quarterly account of council budget. 48 The council shall be required to publish quarterly accounting of its 49 actual and planned expenditures, in sufficient detail to indicate the 50 positions and their purposes which have been funded, as well as the 51 activities and categories of materials and supplies purchased. 52 § 6-13. General fund. 53 All revenues of the city, of every administration, department, board, 54 office and commission thereof, and of every other division of government 55 within the city, from whatsoever source except taxes on real estate, not 
 S. 8578 26 1 required by law to be paid into any other fund or account shall be paid 2 into a fund to be termed the "general fund." 3 § 6-14. Expenditure reports. 4 Any public or private agency, authority, corporation, board or commis- 5 sion which receives city funds and is not otherwise subject to the 6 requirements of section 6-10 of this chapter shall submit quarterly 7 reports of the expenditure of such funds to the mayor in such form and 8 detail as the mayor may prescribe. 9 § 6-15. Self-dealing among members of the governing boards of charita- 10 ble institutions. 11 (a) Any charitable institution which receives any payment from the 12 city of Staten Island charitable institutions budget shall pass and 13 implement by-laws which will: 14 1. require disclosure to the agency responsible for the administration 15 of charitable institutions budget and approval by such agency of the 16 material terms of any contract or transaction, direct or indirect, 17 between an institution and any member of its governing board, any part- 18 nership of which he or she is a member or any corporation in which he or 19 she holds ten per centum or more of the outstanding common stock; 20 2. preclude any member of the governing board of any institution from 21 sharing, participating or benefiting, directly or indirectly, in the 22 proceeds from any contract or transaction entered into between the 23 institution and any third party unless such participation or benefit has 24 been approved in advance by the agency and the governing board of the 25 institution has approved the transaction by a two-thirds majority 26 excluding the vote of member to be benefitted; 27 3. require each member of its governing board to submit to the agency 28 each year a disclosure statement including such member's name, home 29 address, principal occupation and business interests from which such 30 member or such member's spouse received income equal to or greater than 31 ten percent of their aggregate gross income during the previous year. 32 (b) At the discretion of the agency, any payment or any portion of any 33 payment may be withheld from any institution which has failed to pass 34 and implement such by-laws. 35 § 6-16. Definitions of capital projects and budget terms. 36 As used in this charter: 37 (a) The term "capital project" shall mean: 38 1. a project which provides for the construction, reconstruction, 39 acquisition or installation of a physical public betterment or improve- 40 ment which would be classified as a capital asset under generally 41 accepted accounting principles for municipalities or any preliminary 42 studies and surveys relative thereto or any underwriting or other costs 43 incurred in connection with the financing thereof; 44 2. the acquisition of property of a permanent nature including wharf 45 property; 46 3. the acquisition of any furnishings, machinery, apparatus or equip- 47 ment for any public betterment or improvement when such betterment or 48 improvement is first constructed or acquired; 49 4. any public betterment involving either a physical improvement or 50 the acquisition of real property for a physical improvement consisting 51 in, including or affecting: 52 (i) streets and parks; 53 (ii) bridges and tunnels; 54 (iii) receiving basins, inlets and sewers, including intercepting 55 sewers, plants or structures for the treatment, disposal or filtration 
 S. 8578 27 1 of sewage, including grit chambers, sewer tunnels and all necessary 2 accessories thereof; 3 (iv) the fencing of vacant lots and the filling of sunken lots; 4 (v) any other project allowed to be financed by the local finance law, 5 with the approval of the mayor and the comptroller; or 6 (vi) any combination of the above. 7 (b) The term "pending" shall mean not yet completed. 8 (c) The term "standards" for each category of capital projects to 9 which they apply shall include: maximum gross and net areas allowed; 10 types of programs which may be operated in the facility; performance 11 requirements for environmental systems; allowable materials and 12 finishes; maximum areas allowed for different functions and activities; 13 approximate cost limits per square foot of construction; and such other 14 items designated by the mayor or by resolution of the council. 15 (d) The term "scope of project" or "proposed scope of project" shall 16 mean a description of a capital project included in the capital budget 17 that contains specific guidelines for the design and implementation of 18 such project consistent with the standards for the appropriate category 19 of capital projects and includes each of the following items of informa- 20 tion which are relevant to the capital project involved: 21 1. purposes and public to be served; 22 2. programs to be conducted in the facility; 23 3. gross and net amounts of space and bulk for any building or struc- 24 ture and for areas for different functions and activities; 25 4. identification of required architectural, engineering or other 26 consultants and estimated fees for such consultants; 27 5. estimated completion dates for scope, design and construction; 28 6. total estimated project costs, including costs for site acquisi- 29 tion, preparation and tenant relocation, design, construction and equip- 30 ment; 31 7. estimated expenditures for the project for each fiscal year until 32 its completion; 33 8. estimated annual costs to operate programs within the facility when 34 fully staffed and to maintain the facility; and 35 9. such other information as shall be required by the mayor or by 36 resolution of the council. 37 (e) The term "cost" shall include the contract liabilities and expend- 38 iture incurred for work in carrying out the physical improvement and 39 interest thereon, and the compensation to be made to the owner of any 40 real property acquired for the improvement as determined by a court or 41 by agreement, and interest thereon. 42 (f) The term "expenses" shall mean any expenses incurred in relation 43 to an assessable improvement exclusive of cost and of damages assessed 44 by the board of assessors. 45 (g) The term "street," as used in this chapter, shall include street, 46 avenue, road, alley, lane, highway, boulevard, concourse, parkway, 47 driveway, culvert, sidewalk, crosswalk, boardwalk, and viaduct, and 48 every class of public road, square and place, except marginal streets. 49 (h) The term "real property" shall include all lands and improvements, 50 lands under water, waterfront property, the water of any lake, pond or 51 stream, all easements and hereditament, corporeal or incorporeal, and 52 every estate, interest and right, legal or equitable, in lands or water, 53 and right, interest, privilege, easement and franchise relating to the 54 same, including terms for years and liens by way of judgment, mortgage 55 or otherwise. 
 S. 8578 28 1 (i) The terms "maintenance" or "maintain" shall denote those activ- 2 ities necessary to keep the relevant portion of the capital plant in 3 good repair so as to preserve its structural integrity and to prevent 4 its deterioration. 5 (j) The term "major portion of the capital plant" shall mean: 6 1. any capital asset 7 (i) which is a capital facility or system comprising a component of 8 the public domain or infrastructure general fixed assets of the city or 9 a building comprising a component of the general fixed assets of the 10 city; and 11 (ii) which, as of the effective date of this charter, or, as a result 12 of any reconstruction or expansion after such date, has a replacement 13 cost of at least ten million dollars and a useful life of at least ten 14 years, or if purchased or constructed after such date has an original 15 cost of at least ten million dollars and an original useful life of at 16 least ten years; and 17 2. any other capital asset of the city designated by the mayor for the 18 purposes of this section; provided, however, that it shall not include 19 any asset which is leased to or otherwise under the cognizance and 20 control of a public benefit corporation or which is otherwise covered, 21 pursuant to state law, by requirements which are substantially similar 22 to the requirements of this section. 23 § 6-17. Format of departmental estimates for capital projects, prelim- 24 inary capital budget and executive capital budget. 25 The departmental estimates for capital projects and the executive 26 capital budget shall consist of a detailed estimate of all capital 27 projects pending or which the agency head, for departmental estimates, 28 or the mayor, for the executive budget, believes should be undertaken 29 within the ensuing fiscal year and the three succeeding fiscal years. 30 Each agency head, and the mayor, for the executive budgets, shall submit 31 a written response to each of the capital budget priorities included in 32 the council's recommendation of budget priorities for local and neigh- 33 borhood needs submitted in accordance with the section on preliminary 34 budget hearings of this chapter. Such responses shall include the 35 response of the agency head and the mayor, as appropriate, regarding the 36 disposition of each such priority and meaningful explanations of any 37 disapprovals contained in such estimates or budget. 38 § 6-18. Preliminary capital budget. 39 The preliminary capital budget statements shall consist of: 40 (a) a financial plan covering estimates of capital expenditures for 41 the four ensuing fiscal years; 42 (b) departmental estimates for capital projects as provided in section 43 6-19 of this chapter together with the cash flow requirements and 44 proposed sources of funding for each project included in such estimates; 45 (c) a capital program status report which sets forth the appropri- 46 ations for each project included in the capital budget for the current 47 fiscal year together with the expenditures to date; and 48 (d) a summary description of the purpose of each capital project and 49 the needs it will fulfill, the schedule for beginning and constructing 50 the project, its period of probable usefulness and an appropriate main- 51 tenance schedule. 52 § 6-19. Executive capital budget. 53 (a) The executive capital budget shall set forth separately each capi- 54 tal project, and shall include: 55 1. a brief description and the location of each project; the total 56 estimated cost of the project; the appropriations which have been previ- 
 S. 8578 29 1 ously adopted for this project; the amount of appropriations recommended 2 to be adopted for the ensuing fiscal year the aggregate amount of which 3 shall not exceed the amount in the mayor's certificate; the amount of 4 appropriations required thereafter to complete the project; the sources 5 of funds for the project including state, federal, private and other 6 funds; the period of probable usefulness; the estimated additional annu- 7 al maintenance and operation costs; and any terms and conditions of the 8 project; the estimated dates of completion of final scope, final design 9 and final construction; and 10 2. a listing of all pending projects; and any recommendations that any 11 pending projects be modified, rescinded or postponed accompanied by a 12 statement of the budgetary impact of any such action. 13 (b) The executive capital program shall set forth for both program 14 categories and individual projects: 15 1. a statement for each of the three succeeding fiscal years of the 16 total dollar amounts necessary to complete projects initiated in prior 17 years and projects proposed in the executive budget the amounts neces- 18 sary for projects proposed to be initiated in future years and the 19 amounts necessary for amendments and contingencies; and 20 2. a statement of the likely impact on the expense budget of staffing, 21 maintaining and operating the capital projects included in or contem- 22 plated by the capital program. 23 § 6-20. Amendment. 24 (a) Upon receipt of a recommendation in writing from the mayor in 25 manner specified herein, the council may amend the capital budget or 26 capital program in the same manner as the adoption of the capital budget 27 and capital program including the right to approve the proposed amend- 28 ment as submitted or to increase or decrease the amounts of funds 29 proposed to be appropriated thereby, but only if funds are available 30 within the capital budget and the applicable program category of the 31 capital program, provided, however that the mayor may only recommend 32 such an amendment relating to an appropriation included in the capital 33 budget pursuant to this charter. 34 (b) Upon the adoption of any such amendment by the council, it shall 35 be certified by the mayor, the speaker of the council and the city clerk 36 and the capital budget shall be amended accordingly. 37 (c) Not later than five days after such certification such amendment 38 shall be filed in the office of the comptroller and shall be published 39 forthwith. 40 § 6-21. Restrictions on capital projects. 41 (a) No obligations of the city shall be issued or authorized for or on 42 account of any capital project not included in a capital budget, or for 43 which funds have not been reserved in an appropriate program category of 44 the capital program for any year of such program in which it is project- 45 ed that funds will be expended for the completion of the project, or in 46 excess of the maximum amount of obligations which may be issued on 47 account of such project as fixed in such capital budget; and no amount 48 may be expended on account of any capital project in excess of the 49 amount appropriated for such purposes in a capital budget, except that 50 the amount appropriated for such purposes may be increased by the mayor 51 by not more than fifteen per centum thereof in order to meet any costs 52 required to advance such project. Notice of any such increase shall be 53 provided to the council together with a statement of identifiable funds 54 available for payment of the increase. 55 (b) Funds included in the capital budget for a capital project that 56 are not obligated or committed during the fiscal year in which appropri- 
 S. 8578 30 1 ated shall not be obligated or committed in the subsequent fiscal year 2 unless reappropriated in a subsequent capital budget or an amendment 3 thereto. A capital project included in a capital budget that is not 4 initiated by the expenditure of funds within two years after its inclu- 5 sion in the budget shall be eliminated from the budget. 6 (c) The city may issue capital debt only to finance capital projects 7 as defined in this charter. The capital budget may not include expense 8 items that are properly includable only in the expense budget, as deter- 9 mined in accordance with the accounting principles set forth in the 10 state comptroller's uniform system of accounts for municipalities, as 11 the same may be modified by the state comptroller, in consultation with 12 the city comptroller, for application to the city. 13 (d) No capital project shall be included in the proposed executive 14 capital budget or otherwise adopted as part of the capital budget or as 15 an amendment thereto unless sufficient funds are available within the 16 appropriate general program category of the capital program for any year 17 of such program in which it is projected that additional appropriations 18 will be necessary for the completion of the project. 19 § 6-22. Site selection. 20 (a) The selection of sites for capital projects shall be pursuant to 21 local law. 22 (b) To the maximum extent feasible, final approval of a site for a 23 capital project shall occur prior to or simultaneously with the approval 24 of the scope of the project pursuant to this chapter. 25 § 6-23. Project initiation; commitment plan. 26 (a) The inclusion of a capital project in the capital budget as 27 adopted or amended shall constitute a direction and order to the agency 28 to proceed with the preparation of a scope of project pursuant to this 29 chapter unless sufficient planning funds for such purpose have not been 30 appropriated in the capital budget. The head of the agency shall notify 31 the comptroller of the amount of appropriated planning funds to be 32 encumbered for such purpose. 33 (b) The approval of a scope of project for a capital project pursuant 34 to this chapter, including the amount of obligations necessary to 35 finance the design and construction of the project, shall constitute a 36 direction and order to the agency to design the project, unless suffi- 37 cient funds for such purpose have not been appropriated in the capital 38 budget or are otherwise not available within the appropriate program 39 category of the capital program. Such approval shall constitute notifi- 40 cation to the comptroller of the comptroller's authorization to expend 41 appropriated design funds. 42 (c) The approval of the final design for a capital project pursuant to 43 this chapter shall constitute a direction and order to the agency 44 responsible for construction to prepare bid and award documents and to 45 proceed to bid, unless sufficient funds for such purpose have not been 46 appropriated in the capital budget or are otherwise not available within 47 each year of the capital program in which it is projected that funds 48 will be expended for the completion of the project. Such approval shall 49 constitute notification to the comptroller of the comptroller's authori- 50 zation to expend appropriated construction funds. 51 (d) The mayor shall require each agency to prepare and submit periodic 52 reports, in regard to the progress of its capital projects, including 53 schedules and clear explanations of any delays for particular projects 54 and summary information on each agency's record on such matters. Such 55 reports shall be published at least three times each year: within ninety 56 days of the adoption of the capital budget; with the preliminary capital 
 S. 8578 31 1 budget; and with the executive capital budget, copies of such reports 2 shall be transmitted by the mayor to the council. Such reports shall 3 include, for each project, the dates set in the adopted capital budget 4 for the completion of scope, design, and construction and any changes in 5 such dates. 6 1. The report issued with the executive budget shall include, for each 7 new capital project being proposed in the executive budget, a 8 description of the project including, to the extent practicable, the 9 information required to be included in a scope of project. 10 2. The report issued following the adoption of the budget shall 11 include, for each capital project added to the budget, a description of 12 the project including, to the extent practicable, the information 13 required to be included in a scope of project. 14 3. The report issued following the adoption of the budget shall 15 include, for each capital project for which a substantial change was 16 made, a revised description of the project including, to the extent 17 practicable, the information required to be included in a scope of 18 project. 19 (e) Any capital project which results in the acquisition or 20 construction of a capital asset which will be subject to the require- 21 ments of this charter shall contain a provision requiring a comprehen- 22 sive manual setting forth the useful life of the asset and explaining 23 the activities necessary to maintain the asset throughout such useful 24 life. 25 (f) The mayor may issue directives and adopt rules and regulations in 26 regard to the execution of capital projects, consistent with the 27 requirements of subdivisions (a), (b), (c) and (d) of this section, 28 which shall be binding upon all agencies. 29 § 6-24. Improvements payable other than by city. 30 Any owner of real property or any other person interested may apply to 31 the council to authorize an improvement referred to in paragraph one of 32 subdivision (a) of section 6-16 of this chapter, not included in the 33 capital budget. The council may authorize such improvement to be made by 34 the city or by such owner or other person interested upon compliance 35 with the following conditions: 36 (a) such owner or group or other persons interested shall enter into 37 an agreement with the city, whereby they will either authorize the city, 38 or themselves agree, to perform such work in accordance with such plans 39 and specifications approved by the agencies having jurisdiction there- 40 over and under their supervision; 41 (b) all of such work shall be done for the account of or at the sole 42 cost and expense of the person or persons applying for permission to do 43 the same, who shall furnish to the city such security and in such amount 44 as may be required to secure the payment of such cost and expense or the 45 proper performance of the said work in the time and in the manner agreed 46 upon, and shall further secure the city, in the latter case, against 47 latent defects in such work for a period of two years; 48 (c) such improvement shall be approved by the city planning department 49 and reviewed pursuant to local law and charter provisions; and 50 (d) any agreement providing for the performance of such work and the 51 furnishing of such security, shall be first approved by the council 52 before the same shall become effective. 53 § 6-25. Standards for capital projects. 54 The mayor shall prepare general standards and cost limits for catego- 55 ries of capital projects and standards for the preparation of the scope 56 of project for capital projects of various types. Such standards and 
 S. 8578 32 1 limits shall be submitted by the mayor to the council for review. The 2 proposed standards shall become effective thirty days after they have 3 been filed with the council unless within that time the council modifies 4 or disapproves them or part of them, after conducting a public hearing. 5 Any modification by the council shall be subject to disapproval by the 6 mayor in accordance with provisions of this charter and any such disap- 7 proval shall be subject to override by the council in accordance with 8 this charter. 9 § 6-26. Scope of project. 10 (a) Each agency, with respect to a capital project under its jurisdic- 11 tion included in a capital budget, shall prepare a proposed scope of 12 project within appropriated planning funds. The proposed scope of 13 project, or, in the case of a delay, an explanation for such delay along 14 with a revised schedule, shall be submitted to the mayor and the coun- 15 cil, by the date specified in the adopted capital budget in which the 16 capital project is included. Such proposed scope shall identify all 17 substantial differences between the guidelines for the capital project 18 as contained in such scope and the description of the capital project 19 contained in the report issued pursuant to this charter at the time such 20 project was proposed in the executive budget or following the budget 21 adoption in which such project was added to the capital budget. 22 (b) Not later than sixty days after receipt of the proposed scope of 23 project from an agency pursuant to subdivision (a) of this section, the 24 mayor shall approve, modify, or disapprove the proposed scope of project 25 and notify the agency and the council. In the case of a scope approved 26 by the mayor with modifications, such notification shall include a copy 27 of the scope as approved. 28 (c) No scope of project shall be approved by the mayor unless: 29 1. it contains the information required by paragraph four of subdivi- 30 sion (d) of section 6-16 of this chapter and it conforms to the applica- 31 ble standards for the type of project adopted pursuant to this chapter, 32 and 33 2. funds are available within the appropriate program category of the 34 capital program that can be reserved for each fiscal year required to 35 complete the project. 36 § 6-27. Design of capital project. 37 (a) The proposed design and final design for a capital project shall 38 be made available for review by the council. The mayor or the mayor's 39 representative shall review the final design to determine its conform- 40 ance with the approved scope of project pursuant to this chapter. 41 (b) Works of art may be provided for each capital project which 42 involves the construction or the substantial reconstruction of a city- 43 owned public building or structure the intended use of which requires 44 that it be accessible to the public generally or to members of the 45 public participating in, requiring or receiving programs, services or 46 benefits provided thereat. For the purposes of this section a police 47 precinct house and a firehouse shall be deemed to be such buildings. 48 Chapter 7 49 Planning Department 50 § 7-01. Planning department. 51 There shall be a department of city planning consisting of a planning 52 director and such subordinate employees as are required to administer 53 the planning program described herein. 54 § 7-02. Planning director. 
 S. 8578 33 1 The mayor shall appoint and shall have the power to remove the plan- 2 ning director, who shall have had at least five years of appropriate 3 professional land use experience. The planning director shall be the 4 head of the planning department, and shall be responsible for the proper 5 conduct of the affairs of the department and for the execution of the 6 planning program prescribed in this charter and in local laws and rules 7 consistent herewith. 8 § 7-03. Powers, duties and functions. 9 (a) The planning director, through the planning department, shall: 10 1. advise and assist the mayor and the council in regard to the phys- 11 ical planning and public improvement aspects of the development of the 12 city and on all matters related to the planning program prescribed in 13 this charter and in local law and rules consistent herewith; 14 2. prepare the general plan and revisions thereof, and development 15 plans at least every four years in the year following the mayoral 16 election and annual reviews thereof, for the improvement and development 17 of the city; 18 3. establish procedures for processing revisions to the general plan 19 and to the four-year and one-year development plans; 20 4. hold public hearings on such plans and revisions thereof and trans- 21 mit them, with findings and recommendations thereon, through the mayor 22 to the council for its consideration and action; 23 5. prepare zoning resolutions, maps and rules and regulations and any 24 revision or amendments thereto in accordance with the general plan; 25 6. prepare local laws or resolutions and rules and regulations govern- 26 ing the subdivision of lands within the city and any revisions or amend- 27 ments thereto; 28 7. administer the zoning and subdivision local laws or resolutions and 29 rules and regulations adopted thereunder and any regulatory laws or 30 resolutions which may be adopted to supplement or replace such resol- 31 utions; 32 8. recommend periodic amendments to zoning resolutions and subdivision 33 laws or regulations, and provide opportunity for taxpayers to recommend 34 periodic amendments to zoning resolutions and subdivision laws or regu- 35 lations; 36 9. hold public hearings on land subdivision and zoning resolutions and 37 amendments thereto, transmit such proposed resolutions, with findings 38 and recommendations thereon, through the mayor to the council for its 39 consideration and action; 40 10. establish procedures for the review of land utilization applica- 41 tions; 42 11. review subdivision plats and zoning petitions; 43 12. approve applications for special permits and variances within the 44 jurisdiction of the department of city planning under the zoning resol- 45 ution; 46 13. collect data on population, housing and other relevant social and 47 economic indicators to serve as a basis for planning recommendations; 48 and may conduct continuous studies and policy analyses on economic 49 development, urban design, capital improvements, environmental impact 50 assessment and such other subjects as the mayor or council may from time 51 to time request; 52 14. be custodian of the city map and thereon record all changes legal- 53 ly authorized; 54 15. administer the program prescribed by law with respect to the 55 establishment and regulation of landmarks, portions of landmarks, land- 56 mark sites, interior landmarks, scenic landmarks and historic districts; 
 S. 8578 34 1 16. hold public hearings on a proposed designation of a landmark, 2 landmark site, interior landmark, scenic landmark or historic district, 3 after notice of the proposed designation, notice of the hearing, and an 4 opportunity for comment to the affected property owner or owners; 5 17. submit to the council a report on the impact of any such desig- 6 nation whether of a district or a landmark to the zoning resolution, 7 projected public improvements, and any plans for the development, 8 growth, improvement or renewal of the area involved, and a recommenda- 9 tion for council action with respect to any such designation; 10 18. review the executive capital program and budget for conformance to 11 the purposes of the general plan and development plans prior to 12 submission of the executive capital program and budget to the council 13 and make a written report of his or her findings to the mayor and coun- 14 cil at the time of submission of such executive capital program and 15 budget; 16 19. prepare, in consultation with the director of the budget, the 17 draft ten-year capital strategy, and hold hearings on such draft, and 18 report his or her findings to the mayor and to the council; 19 20. consult with the appropriate State officials concerned with plan- 20 ning and environmental quality to assure compliance with State guide- 21 lines and oversee implementation of laws that require environmental 22 reviews of actions taken by the city; and 23 21. perform such other functions as are assigned by the mayor or other 24 provisions of law. 25 § 7-04. General plan. 26 The general plan shall set forth the city's broad policies for the 27 long range development of the city. It shall contain statements of the 28 general social, economic, environmental and design objectives to be 29 achieved for the general welfare and prosperity of the people of the 30 city through government action, city, state or federal. The statements 31 shall include, but not be limited to, policy and development objectives 32 to be achieved with respect to the distribution of social benefits, the 33 most desirable uses of land within the city, the overall circulation 34 pattern and the most desirable population densities within the several 35 areas of the city. In conformance with such development objectives and 36 policies the plan shall identify the general location, character, and 37 extent of streets and thoroughfares, parks, recreation facilities, sites 38 for public buildings and structures, city and privately owned utilities, 39 transportation systems and facilities, housing, community facilities, 40 future land use for all classifications and such other elements, 41 features and policies as will provide for the improvement of the city 42 over the next ten years. 43 § 7-05. Development plans. 44 Development plans shall present detailed means for implementing and 45 accomplishing the development objectives and policies of the general 46 plan within the several parts of the city. The mayor shall have a 47 comprehensive four-year development plan which shall recommend a gener- 48 alized land use development pattern to guide the growth of the city over 49 the succeeding four-year period and a one-year development plan that 50 delineates the city's proposed land use development pattern for a 51 succeeding twelve month period and is based upon the development goals 52 and objectives specified in the city's four-year development plan. 53 § 7-06. Adoption of the general plan and development plans. 54 (a) The mayor shall submit annually to the council such plans that 55 will include a general plan, four-year and one-year development plans 56 for all property within the city limits. The council shall adopt the 
 S. 8578 35 1 general plan or revisions thereof and development plans or amendments 2 thereto by local law. Any local law or resolution adopting or revising 3 the general plan shall be laid over for at least two weeks after intro- 4 duction. The mayor shall not certify as to the necessity for the immedi- 5 ate consideration of any general plan, development plans, or revisions 6 or amendments thereto. Public notice shall be provided at least ten days 7 before adoption by the council. Upon adoption, every local law or 8 resolution shall be presented to the mayor, and the mayor may approve or 9 disapprove it pursuant to applicable provisions governing the approval 10 or disapproval of a local law or resolution. If the mayor approves the 11 local law, the mayor shall sign it and return it to the clerk; it shall 12 then be deemed to have been adopted. If the mayor disapproves it, he or 13 she shall return it to the council with his or her objections stated in 14 writing. The council at its next regular meeting may reconsider the same 15 and if the votes of two-thirds of all the council members be cast in 16 favor of repassing such local law, it shall be deemed adopted, notwith- 17 standing the objections of the mayor. 18 (b) The general plan and all development plans shall be kept on file 19 in the department of city planning. 20 (c) The approved general plan and development plans shall be used as a 21 guide for the preparation of the city's capital improvement program and 22 capital budget. 23 (d) The mayor shall maintain an up-to-date zoning map of all proper- 24 ties within the city limits. 25 (e) Following the annual updating and adoption of the city's develop- 26 ment plans, the council shall amend the city's zoning ordinance to 27 conform it to the updated development plans in accordance with proce- 28 dures prescribed by general law. 29 § 7-07. Board of Appeals. 30 (a) There shall be a board of appeals which shall consist of five 31 members to be termed commissioners, three of whom shall be appointed by 32 the mayor and two appointed by the council. Members shall serve a stag- 33 gered term of five years. 34 (b) Commissioners shall be chosen for their independence, integrity 35 and civic commitment and for their professional competence in such areas 36 as planning, architecture, and engineering. The mayor shall designate 37 one of the members to serve as chair and one of the members to serve as 38 vice-chair who shall act as chair in the absence of the chair or in the 39 event that a vacancy exists in the office of chair. 40 (c) Every member of the board shall receive a salary, which shall not 41 be reduced during his or her term of office except in case of a general 42 reduction of salaries and in proportion to reductions of salaries of 43 other officers with similar salaries. A member shall not engage in any 44 other occupation, profession or employment. Members shall attend the 45 hearings and executive sessions of the board, and shall perform such 46 other duties as may be required by the chair. 47 (d) Vacancies shall be filled in the same manner as for an original 48 appointment for the unexpired term of the member whose place has become 49 vacant and with a person having his or her qualifications. 50 (e) Any member may be removed by the mayor on proof of official 51 misconduct, or of negligence in official duties, inability to perform 52 his or her duties; but before removal he or she shall receive a copy of 53 the charges and shall be entitled to a hearing before the mayor and to 54 the assistance of counsel at such hearing. 55 § 7-08. Meetings. 
 S. 8578 36 1 Meetings of the board shall be held at the call of the chair and at 2 such other times as the board may determine. The chair, or in his or her 3 absence the acting chair, may administer oaths and compel the attendance 4 of witnesses. All hearings before the board shall be open to the public 5 and shall be before at least three members of the board, and a concur- 6 ring vote of at least three members shall be necessary to a decision to 7 grant an application or an appeal, to revoke or modify a variance, 8 special permit or other decision of the board, or to make, amend or 9 repeal a rule or regulation. The board shall keep minutes of its 10 proceedings, showing the vote of each member upon every question, or if 11 absent or failing to vote, indicating such fact, and shall also keep 12 records of its examinations and other official action. Such minutes and 13 such records shall be public records. 14 § 7-09. Powers and duties. 15 The board shall have the power: 16 (a) to hear and determine appeals from the actions of the planning 17 director in the administration of the zoning and subdivision resolutions 18 and any rules and regulations adopted pursuant thereto, which appeal 19 shall be sustained only if the board finds that the director's action 20 was based on an erroneous finding of a material fact, or that the direc- 21 tor had acted in an arbitrary or capricious manner or had manifestly 22 abused discretion; 23 (b) to hear and determine appeals from the actions of the planning 24 director on petitions for varying the application of the zoning resol- 25 ution with respect to a specific parcel of land and may grant such a 26 variance upon the ground of unnecessary hardship if the record shows 27 that: 28 1. the applicant would be deprived of the reasonable use of such land 29 or building if it were used only for the purpose allowed in that zone; 30 2. the request of the applicant is due to unique circumstances and not 31 the general conditions in the neighborhood, so that the reasonableness 32 of the neighborhood zoning is not drawn into question; and 33 3. the use sought to be authorized by the variance will not alter the 34 essential character of the locality, provided however that the board 35 shall specify the particular evidence which supports the granting of a 36 variance; 37 (c) to hear and determine appeals from and review any recommendation 38 by the planning director to designate a landmark, landmark site, interi- 39 or landmark, scenic landmark or historic district; 40 (d) to make, amend and repeal rules and regulations for carrying into 41 effect the provisions of the laws, resolutions, rules and regulations in 42 respect to any subject-matter jurisdiction whereof is conferred by law 43 upon the board, and to include in such rules and regulations provisions 44 applying to specific conditions and prescribing means and methods of 45 practice to effectuate such provisions and for carrying into effect the 46 powers of the board; 47 (e) to review, upon motion of any member of the board, any rule, regu- 48 lation, amendment or repeal thereof, and any order, requirement, deci- 49 sion or determination from which an appeal may be taken to the board 50 under the provisions of this chapter or of any law, or of any rule, 51 regulation or decision of the board; but no such review shall prejudice 52 the rights of any person who has in good faith acted thereon before it 53 is reversed or modified; and 54 (f) to revoke or modify, upon due notice and hearing, variances and 55 special permits previously granted under the zoning resolution if the 56 terms and conditions of such grants have been violated. 
 S. 8578 37 1 § 7-10. Procedure on appeals. 2 (a) An appeal may be taken by an aggrieved party. 3 (b) Such appeal may be taken within such time as shall be prescribed 4 by the board by general rule, by filing with the officer from whom the 5 appeal is taken and with the board a notice of appeal, specifying the 6 grounds thereof. The officer from whom the appeal is taken shall forth- 7 with transmit to the board all the papers constituting the record upon 8 which the action appealed from was taken. 9 (c) The board shall fix a reasonable time for the hearing of appeals, 10 and give due notice thereof to the parties, and decide the same within a 11 reasonable time. If the appeal is from an order revoking a permit or 12 approval, the hearing shall be no later than at the third scheduled 13 hearing of the board following the date of filing of the appeal, or five 14 weeks following such date, whichever is sooner, and the decision of the 15 board shall be rendered expeditiously. Upon the hearing any party may 16 appear in person or by agent and/or attorney. 17 (d) Any decision of the board under this section may be reviewed as 18 provided by law. 19 Chapter 8 20 Franchises 21 § 8-01. Franchises. 22 All franchises, revocable consents and concessions shall be awarded in 23 accordance with the following procedures: 24 (a) The council shall have the power to grant, renew or extend any 25 franchise, revocable consent or concession which extends for a period of 26 three or more years, provided, however, that any franchise, revocable 27 consent or concession which extends for a period of ten years or more 28 shall require the approval of two-thirds of all the members; and 29 (b) The mayor shall have the power to enter into an agreement to 30 grant, renew or extend a franchise, revocable consent or concession 31 which extends for a period of less than thirty-six months. 32 Chapter 9 33 Contracting 34 § 9-01. Procurement. 35 Except as otherwise provided in this charter or by statute, all goods, 36 services or construction to be paid for out of the city treasury or out 37 of monies under the control of or assessed or collected by the city 38 shall be procured as prescribed in this chapter. 39 § 9-02. Conditions. 40 The circumstances under which procurement may be used for the 41 provision of technical, consultant or personal services, shall include 42 circumstances where the use of procurement is: 43 (a) cost effective or necessary to obtain special expertise; 44 (b) necessary to provide a service not needed on a long-term basis; 45 (c) necessary to avoid a conflict of interest; or 46 (d) where personnel or expertise is not available in city government. 47 § 9-03. Procedures. 48 All contracts shall be awarded in accordance with the following proce- 49 dures: 50 (a) The mayor as the chief elected executive shall through his or her 51 appointees have the power to enter into contracts on behalf of the city 52 of Staten Island. 53 (b) The comptroller shall, in accordance with provisions of this char- 54 ter and with practices promulgated by state law, certify all contracts, 
 S. 8578 38 1 within thirty days of receipt of such contract, provided there is no 2 cause not to certify. If the comptroller determines that a contract 3 cannot be certified, he or she shall so notify the mayor and the common 4 council within thirty days of receipt of such contract. Reasons not to 5 certify shall include but not be limited to debarment of 6 vendors/contractors, unreasonable and/or onerous terms and conditions, 7 financial problems or inconsistencies, and any other major cause not 8 advantageous to the city that the comptroller can identify and justify 9 through appropriate documentation. 10 (c) All contracts above ten thousand dollars, shall be let by compet- 11 itive bidding, in compliance with current rules, regulations, guidelines 12 and practices set forth by an appropriate national government procure- 13 ment officers professional association or the conventions set forth in 14 the generally accepted accounting practices or procedures as promulgated 15 by the New York State comptroller's office, as agreed to by the mayor, 16 the comptroller and approved by the common council; except that, when an 17 emergency as defined by local law is declared by the mayor to exist and 18 is certified by the comptroller, expedited rules as promulgated by the 19 mayor or the mayor's designee shall apply. 20 (d) Contracts of ten thousand dollars or less may be let by sole 21 source bid when an agency by rule determines that there is only one 22 source for the required good, service or construction. The agency 23 contract file shall contain a written determination that only one source 24 is available for the required good, service or construction, including 25 the process by which the agency made such determination. The agency 26 shall provide to the comptroller written documentation to support its 27 intention to let a sole source contract. This documentation shall 28 include, but not be limited to, the qualifications of the vendor and the 29 specific requirements of the contract. 30 (e) If, for any contract above ten thousand dollars, there is an 31 alteration, renewal, or change in the terms and conditions or the scope 32 of work which results in an increase or decrease of greater than five 33 per centum of the original contract amount, then those contract changes 34 must be certified by the comptroller. 35 § 9-04. Notification of contract opportunities and awards. 36 Each agency shall publish in the appropriate publication and in news- 37 papers of city, state or national distribution and trade publications, 38 notice of: 39 (a) the solicitation of bids or proposals pursuant to this chapter 40 where the value of a contract for goods, services or construction is 41 estimated to be above ten thousand dollars; 42 (b) the award of a contract for goods, services or construction 43 exceeding ten thousand dollars in value. Each such notice of award shall 44 indicate the name of the contractor, the dollar value of the contract, 45 the procurement method by which the contract was let; 46 (c) the comptroller shall promulgate rules providing for the publica- 47 tion and content of notices of contract actions required by this chap- 48 ter. Such rules shall include but not be limited to provisions regarding 49 the timing and frequency of notices, the required duration of solicita- 50 tion periods, and the form and content of notices. 51 § 9-05. Agency contract files. 52 Each agency shall maintain files containing all information pertaining 53 to the solicitation, award and management of each contract of the agen- 54 cy. The agency contract files shall contain copies of each determi- 55 nation, writing or filing required by this chapter pertaining to a 56 contract including the circumstances under which the procurement was let 
 S. 8578 39 1 in accordance with section 9-02 of this chapter, and copies of all costs 2 effectiveness analyses. Agency contract files shall be open to public 3 inspection with adequate protection for information which is confiden- 4 tial. 5 § 9-06. Centralized contract and contractor information. 6 The mayor shall ensure that copies of all city contracts and other 7 standard information regarding city contracts and contractors are 8 located in a central place which is accessible to the public. Such 9 information shall include: 10 (a) a copy of the contract; 11 (b) information regarding the method by which the contract was let; 12 (c) such standard documents as the contractor is required to submit, 13 which shall be updated regularly; 14 (d) information regarding the contractor's qualifications and perform- 15 ance; 16 (e) any evaluations of the contractor and any contractor responses to 17 such evaluation; 18 (f) any audits of the contract and any contractor responses to such 19 audits; 20 (g) any decisions regarding the suspension or debarment of the 21 contractor; and 22 (h) any analysis and determination of cost effectiveness. 23 The mayor shall ensure adequate public access to the information on 24 contracts and contractors which shall be maintained in a manner to 25 facilitate public review, with due consideration for the need to 26 protect, where appropriate, the confidentiality of any such information. 27 § 9-07. Adverse impact on public employees. 28 In the event that a proposed contract for goods, services or 29 construction may adversely affect public employees, the public employees 30 union, if any, shall be advised no later than three months in advance of 31 the contract being let of the nature, scope, and approximate dates, of 32 the contract, and the reasons therefor. Except that, when an emergency 33 as defined in subdivision (c) of section 9-03 of this chapter is in 34 effect, some or all of the provisions of this section may be omitted or 35 suspended for the period of the emergency, but only for those contracts 36 directly relevant to the management of that emergency or as a result of 37 the emergency. 38 The public employer will provide such union as soon as practicable, 39 with information, in sufficient detail, so that the union may prepare a 40 proposal designed to demonstrate the cost effectiveness of keeping the 41 work in-house. Such information shall include, but not be limited to, 42 applicable solicitation to vendors, winning bids, descriptions of 43 services to be provided by vendors, and the agency's estimated direct 44 operating and administrative costs of contracting out the work. 45 Not less than thirty days prior to the award of the contract, the 46 union shall have the opportunity to make a formal proposal to the public 47 employer demonstrating that it is cost effective or that it is in the 48 best interest of the public employer to continue to perform such work 49 in-house. The public employer shall consider such proposal before making 50 a final determination. 51 Chapter 10 52 Referendum and Amendment 53 § 10-01. Referendum on pending legislation. 
 S. 8578 40 1 (a) The people of the city of Staten Island reserve to themselves the 2 right to require the council to vote on proposed laws and amendments to 3 the local laws as hereinafter provided. 4 (b) The people shall have the power to require the council to vote on 5 proposed bills and resolutions by initiative petition. Each initiative 6 petition shall support a bill or resolution which has been introduced in 7 the council and shall be signed by five per centum of the total votes 8 cast on Staten Island at the previous general election. 9 (c) An initiative petition when signed by the requisite number of 10 voters shall be submitted to the Staten Island board of elections which 11 shall promptly determine whether the petition meets the requirements of 12 subdivision (b) of this section. If the Staten Island board of elections 13 determines those requirements are satisfied it shall certify to the 14 speaker of the council that the bill or resolution supported by the 15 petition is required to be considered in the council with the vote of 16 each member present recorded. 17 (d) No petition shall be certified to the council after May first in 18 any year. A petition which is not certified by the Staten Island board 19 of elections before May first shall be certified to the council on the 20 first day of the next legislative session. 21 (e) The council shall have sixty days from receipt of a certified 22 petition to vote on the bill or resolution which is the subject of the 23 petition. If the council fails to vote on such bill or resolution within 24 sixty days, such bill or resolution shall be deemed to have passed. 25 (f) City funds, facilities or employees may not be used to solicit 26 signatures on an initiative petition or to support or oppose the signing 27 of such a petition provided, however, that elected officials may solicit 28 such signatures or oppose the signing of such a petition. 29 (g) The council shall, by local law, prescribe the form and content 30 of, and the procedures for, initiative petitions consistent with this 31 section. The council may, by local law, provide for the reporting of the 32 identity of any person who expends money to affect any initiative peti- 33 tion and the amount of any money so expended. 34 § 10-02. Charter amendment. 35 (a) Amendments to this charter shall be adopted by referendum only, 36 except for those changes that are syntax and/or spelling changes which 37 may be effected, altered or amended by local law as adopted by the coun- 38 cil and the mayor as provided for in this charter. The council may 39 place an amendment on the ballot by a vote of two-thirds of all the 40 members. 41 (b) Referendum in order to amend the charter shall take place as a 42 ballot issue to be decided by affirmative vote of the majority of the 43 qualified electors of the city voting thereon, it shall take effect as 44 prescribed in such referendum. 45 (c) The referendum shall be placed on the ballot by petition of quali- 46 fied electors of not less than five per centum of the total vote cast in 47 the city of Staten Island at the last gubernatorial general election. 48 The petition shall be filed in the office of the clerk of the city of 49 Staten Island for the submission to the electors of the city at the next 50 general election therein held not less than sixty days after such 51 filing. The proposed amendment shall be set forth in full in such peti- 52 tion which may be made upon separate sheets and the signatures of each 53 shall be authenticated in the manner provided by the New York state 54 election law. If within ten days after the filing of such petition a 55 written objection thereto be filed with the office of the city clerk and 56 the board of elections, the Supreme Court or any justice thereof of the 
 S. 8578 41 1 appropriate judicial district shall determine any question arising ther- 2 eunder and make such order as justice may require as prescribed in the 3 state election law. 4 Chapter 11 5 Property of the City 6 § 11-01. Inalienable property. 7 The rights of the city in and to its water front, ferries, wharf prop- 8 erty, bridges, land under water, public landings, wharves, docks, 9 streets, avenues, highways, parks, waters, waterways and all other 10 public places are hereby declared to be inalienable; but upon closing or 11 discontinuance of any street, avenue, park or other public place, the 12 property may be sold or otherwise disposed of as may be provided by law, 13 and leases of land under water, wharf property, wharves, docks and piers 14 may be made as may be provided by law. 15 § 11-02. Authority to acquire real property. 16 (a) The city may acquire title in fee to real property or any interest 17 therein whenever required for any public or municipal use or purpose or 18 for the promotion of public utility, comfort, health, enjoyment or 19 adornment. Such title or interest shall be acquired according to law by 20 purchase, gift, devise, lease, condemnation or otherwise, and, subject 21 to the provisions of this charter or other law may sell, lease, mort- 22 gage, hold, manage, and control such property as may now or hereafter be 23 owned by it. 24 (b) The council by local law shall prescribe the procedures for all 25 acquisitions of real and personal property by the city, including proce- 26 dures for determining compensation and for appealing from such determi- 27 nation without prejudice to the appellant. In addition to all other 28 requirements of law, written notice of the application to have compen- 29 sation for real property ascertained in any proceeding brought by the 30 city to acquire title to real property shall be given to the owners of 31 all property affected by the proceeding to such application. Such notice 32 shall state the purpose for which the property is to be acquired and the 33 date when such application will be presented and shall be made public 34 not less than ten days prior to such proceeding. Any owner whose proper- 35 ty has been taken in any such proceeding which has not been used for the 36 purpose stated in the proceeding for acquisition shall have the right of 37 first refusal to repurchase such property from the city after the expi- 38 ration of a five-year period from the date of the entry of the final 39 decree in the proceeding for the price paid plus simple interest. 40 § 11-03. Disposal of property of the city. 41 No real property of the city may be sold, leased, exchanged or other- 42 wise disposed of except as specifically provided by law. 43 Chapter 12 44 Personnel Management 45 § 12-01. Declaration of intent. 46 (a) The personnel policies and practices of the city government in 47 furtherance of this charter, the state civil service law and rules and 48 other applicable law shall: 49 1. preserve and promote merit and fitness in city employment; 50 2. ensure that appointments and promotions in city service are made, 51 and that wages are set, without regard to political affiliation, and 52 without unlawful discrimination based on sex, race, color, religion, 53 religious observance, national origin, disability, age, marital status, 
 S. 8578 42 1 citizenship status or sexual orientation; and promote and support the 2 efficient and effective delivery of services to the public. 3 (b) Consistent with subdivision (a) of this section, the heads of city 4 agencies shall have such powers, duties and responsibilities for person- 5 nel management as they shall require to administer their agencies effec- 6 tively and to supervise, evaluate, motivate, discipline, provide incen- 7 tives for and improve the skills of employees of the city. 8 § 12-02. Department; personnel director. 9 There shall be a department of personnel, the head of which shall be 10 the personnel director. The personnel director shall have all the powers 11 and duties of a municipal civil service commission provided in the state 12 civil service law or in any other statute or local law other than such 13 powers and duties as are by this chapter assigned to the mayor, the city 14 civil service commission or the heads of city agencies. 15 § 12-03. City civil service commission. 16 (a) There shall be a city civil service commission, consisting of 17 three members, not more than two of whom shall be members of the same 18 political party. Members shall be appointed by the mayor, from a list of 19 nominations provided by the screening committee established pursuant to 20 subdivision (b) of this section, for overlapping terms of six years. Of 21 the members first appointed, one shall serve for two years and one for 22 four years and one for six years. The members shall be removable in the 23 manner provided for members of a municipal civil service commission in 24 the state civil service law. A vacancy in such commission shall be 25 filled in the same manner as regular appointments for the balance of the 26 unexpired term. The mayor shall designate a member as chair and vice 27 chair, respectively, for one-year terms. Within appropriations for such 28 purposes, the members of the commission shall be reimbursed on a per 29 diem basis for attendance at regularly scheduled meetings and hearings 30 of the commission. 31 (b) There shall be a screening committee which shall submit to the 32 mayor a list of nominees, which shall include persons with knowledge or 33 experience of the state civil service system, or personnel management, 34 or compensation practices, from which the mayor shall make appointments 35 to the city civil service commission. Such screening committee shall 36 consist of six members, of whom three shall be appointed by the mayor 37 and three shall be appointed by the municipal labor committee. The 38 screening committee shall submit the list of nominees upon the occur- 39 rence of any vacancy on the commission or at least three months prior to 40 the expiration of the term of any incumbent member. 41 (c) The commission shall appoint a counsel, who shall not be employed 42 or retained by any other city agency, and may appoint a secretary and 43 such other subordinates as may be necessary within the appropriation 44 therefor. 45 (d) The civil service commission shall have the power to hear and 46 determine appeals by any person aggrieved by any action or determination 47 of the personnel director made pursuant to section 12-04 of this chapter 48 and may order such relief as it deems appropriate or necessary in 49 accordance with this charter or the state civil service law. Any such 50 appeal shall be taken by application in writing to the commission within 51 thirty days after the action or determination appealed from. The commis- 52 sion shall also have the powers and responsibilities of a municipal 53 civil service commission under section seventy-six of the state civil 54 service law. In accordance with the requirements of this charter, the 55 commission shall promulgate rules of procedure, including rules estab- 
 S. 8578 43 1 lishing time schedules, for the hearings and determinations authorized 2 by this section. 3 (e) The commission shall have the power and duty to conduct reviews, 4 studies, or analyses of the administration of personnel in the city, 5 including the classification of titles by the personnel director. 6 (f) The commission shall prepare and transmit directly to the mayor 7 departmental estimates as required by this charter. The mayor shall 8 include such proposed appropriations for the commission as a separate 9 agency in the preliminary and executive budgets as are sufficient for 10 the commission to fulfill the obligations assigned to it by this charter 11 or other law. 12 § 12-04. Personnel director; powers and duties. 13 (a) The personnel director shall have the following powers and duties 14 in addition to the powers and duties of a municipal civil service 15 commission provided in the state civil service law, and those vested in 16 the personnel director as the head of the department, except where any 17 specific power or duty is assigned to the mayor, heads of city agencies 18 or the civil service commission pursuant to this chapter: 19 1. to recruit personnel; 20 2. to make studies in regard to the grading and classifying of posi- 21 tions in the civil service, establish criteria and guidelines for allo- 22 cating positions to an existing class of positions, and grade and estab- 23 lish classes of positions; 24 3. to schedule and conduct examinations for positions in the civil 25 service; 26 4. to establish, promulgate and certify eligible lists in the manner 27 provided in the state civil service law, and the rules of the personnel 28 director; 29 5. to determine the appropriateness of eligible lists for the filling 30 of vacancies in the manner provided in the state civil service law and 31 the rules of the personnel director; 32 6. to investigate applicants for positions in the civil service; to 33 review their qualifications, and to revoke or rescind any certification 34 or appointment by reason of the disqualification of the applicant or 35 appointee under the provisions of the state civil service law, and the 36 rules of the personnel director or any other law; 37 7. to review any appointment of persons as provisional employees with- 38 in sixty days after appointment to assure compliance with this charter, 39 the state civil service law, and any rule or regulation issued pursuant 40 to this charter or state civil service law; 41 8. to certify payrolls in accordance with the provisions of the state 42 civil service law and the rules of the personnel director; 43 9. to keep records regarding candidates for appointment to the civil 44 service and officers and employees in the civil service; 45 10. to develop and recommend to the mayor standard rules governing 46 working conditions, vacations and leaves of absence; and career, salary 47 and wage plans providing for the creation, abolition and modification of 48 positions and grades and fixing salaries of persons paid from the city 49 treasury, subject to the provisions of this charter, the state civil 50 service law, other applicable statutes and collective bargaining agree- 51 ments; 52 11. to administer the city-wide incentive, training and development, 53 and other such personnel programs of the city; 54 12. to establish and enforce uniform procedures and standards to be 55 utilized by city agencies in establishing measures, programs and plans 56 to ensure a fair and effective affirmative employment plan for equal 
 S. 8578 44 1 employment opportunity for minority group members and women who are 2 employed by, or who seek employment with, city agencies. Such procedures 3 shall include a time schedule for the development of such plans which 4 provides for the preparation by each agency of a draft plan, the review 5 of such draft plan by the department of personnel, the equal employment 6 practices commission, and such other agency as the mayor requires, and 7 the consideration by the agency of any comments received on such draft 8 plans prior to the adoption of a final plan as required by section 12-05 9 of this chapter; 10 13. to establish a uniform format to be utilized by all city agencies 11 in the preparation of the quarterly reports required by section 12-05 of 12 this chapter. Such format shall provide for the presentation of statis- 13 tical information regarding total employment, new hiring and promotions 14 in a manner which facilitates understanding of an agency's efforts to 15 provide fair and effective equal opportunity employment for minority 16 group members, women and members of other groups who are employed by, or 17 who seek employment with, city agencies; 18 14. to develop, in conjunction with other city agencies, a clearing- 19 house for information on employment and educational programs and 20 services for minority group members and women; and 21 15. to provide assistance to minority group members and women employed 22 by, or interested in being employed by, city agencies to ensure that 23 such minority group members and women benefit, to the maximum extent 24 possible, from city employment and educational assistance programs. 25 (b) The personnel director shall have the following powers and duties 26 with respect to the personnel management functions assigned to city 27 agencies pursuant to subdivisions (a), (b), (c), and (d) of section 28 12-05 of this chapter: 29 1. to aid in the development of effective and efficient personnel 30 programs and professional personnel staffs in the agencies of the city; 31 and to convene the personnel officers of the agencies from time to time 32 as a personnel council to consider personnel matters of inter-agency or 33 of city-wide concern; 34 2. to approve agency plans and programs pursuant to section 12-05 of 35 this chapter; 36 3. to establish and enforce standards, guidelines and criteria for the 37 personnel management functions assigned to the agencies and to audit 38 performance by the agencies of such personnel functions; 39 4. to reverse or rescind any agency personnel action or decision 40 pursuant to an assignment or delegation of authority in this chapter, 41 upon a finding of abuse after notification to the agency and an opportu- 42 nity to be heard; 43 5. to hear and determine appeals by any person aggrieved by any action 44 or determination of the head of an agency made pursuant to section 12-05 45 of this chapter, subject to review by the civil service commission as 46 provided in subdivision (e) of section 12-03 of this chapter; 47 6. to delegate to the head of an agency personnel management functions 48 assigned to the personnel director where such delegation is not other- 49 wise prohibited by the state civil service law, and pursuant to terms 50 and conditions prescribed by the director; 51 7. to administer personnel programs of a city-wide nature or common to 52 two or more departments where administration by separate agencies would 53 be impracticable and uneconomical; 54 8. to annually publish and submit to the mayor, council and the 55 commission on equal employment practices a report on the activities of 56 the department of personnel and city agencies to provide fair and effec- 
 S. 8578 45 1 tive affirmative employment practices to ensure equal employment oppor- 2 tunity for minority group members and women who are employed by, or who 3 seek employment with, city agencies. Such report shall include, but not 4 be limited to, an analysis of the city government workforce and appli- 5 cants for such employment by agency, title and classification; a 6 description of each agency's employment practices, policies and 7 programs; an analysis of the effectiveness of the city's efforts to 8 provide fair and effective affirmative employment practices to ensure 9 equal employment opportunity for minority group members and women who 10 are employed by, or who seek employment with, city agencies; and such 11 legislative, programmatic and budgetary recommendations for the develop- 12 ment, implementation or improvement of such activities as the personnel 13 director deems appropriate. 14 (c) The personnel director shall promulgate rules and regulations 15 relating to the personnel policies, programs and activities of city 16 government in furtherance of and consistent with the state civil service 17 law and this chapter. The personnel director shall transmit to the state 18 civil service commission each proposed rule which must be submitted to 19 such commission, including any which establishes or reclassifies titles 20 in the non-competitive or exempt class, within sixty days after the 21 public hearing has been held on such rule. 22 (d) The personnel director shall, at the time requested by the city 23 civil service commission or the equal employment practices commission, 24 provide each commission with all the information which such commission 25 deems necessary to fulfill the duties assigned to it by the charter. The 26 provisions of this subdivision shall not apply to any information which 27 is required by law to be kept confidential or which is protected by the 28 privileges for attorney-client communications, attorney work products, 29 or material prepared for litigation. 30 (e) The personnel director shall submit a quarterly report to the 31 mayor, the council, the civil service commission and the equal employ- 32 ment practices commission. Such report shall specify, by agency and by 33 title, including temporary titles: 34 1. the number of provisional employees at the end of the second month 35 of the quarter; 36 2. the length of time such provisional employees have served in their 37 positions; and 38 3. the actions taken by the city to reduce the number of such provi- 39 sional employees and the length of their service in such positions. Such 40 reports shall be submitted by the last day of March, June, September, 41 and December of each year. 42 § 12-05. Agency heads; powers and duties. 43 (a) Subject to the state civil service law and applicable provisions 44 of this charter, heads of city agencies shall have the following powers 45 and duties essential for the management of their agencies in addition to 46 powers and duties vested in them pursuant to this charter or other 47 applicable law: 48 1. to recruit personnel; 49 2. to participate with the personnel department in job analyses for 50 the classification of positions; 51 3. to allocate individual positions to existing civil service titles; 52 4. to allocate individual managerial or executive positions to manage- 53 rial assignment levels; 54 5. to assist the personnel department in the determination of minimum 55 qualifications for classes of positions and to review and evaluate qual- 56 ifications of candidates for positions in the civil service; 
 S. 8578 46 1 6. to assist the personnel director in the planning and preparation of 2 open competitive examinations; 3 7. to schedule and conduct tests other than written tests for 4 promotion to competitive class positions; 5 8. to determine whether to hold an open competitive or promotion exam- 6 ination to fill positions in the civil service subject to disapproval of 7 the personnel director within thirty days; 8 9. to plan and administer employee incentive and recognition programs; 9 10. to fill vacant positions within quarterly spending allotments and 10 personnel controls pursuant to this charter; 11 11. to administer and certify eligible lists for classes of positions 12 unique to the agency; 13 12. to make appointments to competitive positions from eligible lists 14 pursuant to subdivision one of section sixty-one of the state civil 15 service law, which authority shall not be abridged or modified by local 16 law or in any other manner; 17 13. to establish and administer performance evaluation programs to be 18 used during the probationary period and for promotions, assignments, 19 incentives and training; 20 14. to conduct training and development programs to improve the 21 skills, performance and career opportunities of employees; 22 15. to ensure and promote equal opportunity for all persons in 23 appointment, payment of wages, development and advancement; 24 16. to administer employee safety programs; 25 17. to maintain personnel records; 26 18. to perform such other personnel management functions as are deleg- 27 ated by the personnel director pursuant to this chapter or that are not 28 otherwise assigned by this chapter; 29 19. to establish measures and programs to ensure a fair and effective 30 affirmative employment plan to provide equal employment opportunity for 31 minority group members and women who are employed by, or who seek 32 employment with, the agency and, in accordance with the uniform proce- 33 dures and standards established by the department of personnel for this 34 purpose, to adopt and implement an annual plan to accomplish this objec- 35 tive. Copies of such plans shall be filed with the mayor, council, 36 department of personnel, equal employment practices commission, and city 37 civil service commission and shall be made available for reasonable 38 public inspection; and 39 20. to provide assistance to minority group members and women inter- 40 ested in being employed by city agencies to ensure that such minority 41 group members and women benefit, to the maximum extent possible, from 42 city employment and educational assistance programs. 43 (b) Within one year from the effective date of this charter, the head 44 of each agency shall prepare and submit to the mayor and the personnel 45 director a plan and schedule for the discharge of the powers and duties 46 assigned in this section. No such plan shall take effect until approved 47 by the mayor. 48 (c) The mayor may modify, suspend, or withdraw for cause any power or 49 duty assigned or delegated to the head of an agency pursuant to this 50 section. 51 (d) Notification prior to each action or decision of an agency pursu- 52 ant to this chapter which changes the status of an individual employee, 53 a position, or a class of positions shall be provided to the personnel 54 director. The head of each agency shall certify on each payroll that all 55 personnel actions and transactions of the agency conform with the 
 S. 8578 47 1 provisions of the state civil service law and this chapter, the rules of 2 the personnel director and other applicable law. 3 (e) Before any new position in the city service shall be created, the 4 agency head shall furnish the commissioner of finance with a certificate 5 stating the title of the class of positions to which the position is to 6 be allocated. If the position is to be allocated to a new class of posi- 7 tions, the agency head shall request of the personnel director, and the 8 personnel director shall furnish to the agency head and the commissioner 9 of finance, a certificate stating the appropriate civil service title 10 for the proposed position, the range of salary of comparable civil 11 service positions and a statement of the class specifications and line 12 of promotion into which such new position will be placed and any such 13 new position shall be created only with the title approved by the 14 personnel director. 15 (f) The heads of all agencies shall, except as otherwise provided by 16 law, have power to appoint and remove, subject to the provisions of the 17 state civil service law, all chiefs of bureaus and all other officers, 18 employees and subordinates in their respective administrations, depart- 19 ments or offices, without reference to the tenure of office of any 20 appointee and to assign them their duties. Nothing herein shall be 21 construed to preclude the mayor from entering into a collective bargain- 22 ing agreement which provides for a procedure governing the discipline of 23 employees, including their removal. 24 (g) The heads of city agencies or their designated representatives 25 shall fulfill the requirements for agency participation in matters 26 affecting the management of the agency in advance of collective bargain- 27 ing negotiations affecting employees. 28 (h) The head of each city agency shall ensure that such agency does 29 not discriminate against employees or applicants for employment pursuant 30 to federal, state and local law. 31 (i) The head of each city agency shall quarterly publish and submit to 32 the mayor, council, department of personnel, and the equal employment 33 practices commission a report on the agency's efforts during the previ- 34 ous quarter to implement the plan adopted pursuant to this section. 35 (j) The head of each city agency shall include in all employment 36 retention, recruitment, training and promotional program literature, 37 advertisements, solicitations and job applications, such language as may 38 be necessary to effectuate the purpose of this chapter. 39 (k) The head of each city agency shall require each employment agency, 40 or authorized representative of workers with which it has a collective 41 bargaining or other agreement or understanding and which is involved in 42 the performance of recruitment and retention with the agency to furnish 43 a written statement that such employment agency, labor union or repre- 44 sentative shall not discriminate against employees or applicants for 45 employment pursuant to federal, state or local law and that such union 46 or representative will cooperate in the implementation of the agency's 47 obligations pursuant to this chapter. 48 § 12-06. Management service. 49 (a) The personnel director, in consultation with the heads of agen- 50 cies, shall develop and submit to the mayor a city-wide plan and sched- 51 ule for the development of qualified and competent technical, profes- 52 sional, management, administrative, and, supervisory personnel in the 53 civil service to meet the managerial needs of city government. The 54 mayor shall approve, disapprove or modify the plan within one year after 55 the effective date of this charter. 
 S. 8578 48 1 (b) The city-wide plan shall establish a management service for city 2 agencies and shall provide for: 3 1. membership in the service of employees with significant policy, 4 administrative, supervisory, managerial or professional duties that 5 require the exercise of independent judgment in the scheduling and 6 assignment of work, program management or planning, evaluation of 7 performance or allocation of resources; 8 2. preference for appointment into management service shall be given 9 to qualified civil service employees pursuant to promotional examina- 10 tions administered in a manner consistent with the requirements of the 11 state civil service law; 12 3. assessments of capacity and potential to perform managerial duties 13 as part of competitive tests for entry into the service and assignments 14 within the service; 15 4. a single managerial class of positions for each occupational series 16 within the service with assignment levels within each such class; 17 5. a plan for achieving equitable pay scales for members of the 18 service consonant with their duties and responsibilities; 19 6. merit increases, incentive awards, and recognition programs for 20 members of the services; 21 7. performance evaluations for members of the service to be used for 22 assignments, incentive awards, probationary period review, and discipli- 23 nary action; 24 8. a probationary period not to exceed one year for members of the 25 service; 26 9. management intern programs; and 27 10. training and career development programs. 28 (c) The personnel director shall conduct city-wide programs and func- 29 tions related to the management service; assist agencies in the imple- 30 mentation of the management service plan; and review and evaluate agency 31 performance under the plan. 32 § 12-07. Appointments and promotions. 33 (a) All appointments, promotions and changes in status of persons in 34 the public service of the city shall be made in the manner prescribed by 35 the constitution of the state and in accordance with the provisions of 36 the state civil service law and other provisions of law not inconsistent 37 therewith nor with this charter. 38 (b) Whenever qualifications for the appointment of persons to public 39 office are prescribed by law, the appointing officer shall, upon making 40 such appointment, file with the civil service commission a certificate 41 that such appointment complies with such law. 42 § 12-08. Power of investigation. 43 The personnel director and the city civil service commission shall 44 have the power to make investigations concerning all matters touching 45 the enforcement and effect of the provisions of the state civil service 46 law insofar as it applies to the city and the rules and regulations 47 prescribed thereunder, or concerning the actions of any examiner or 48 subordinate of the department, or of any officer or employee of the city 49 or of any county within the city, in respect to the execution of the 50 state civil service law; and in the course of such investigations the 51 personnel director of the city civil service commission shall have the 52 power to administer oaths, to compel the attendance of witnesses, and to 53 examine such persons as deemed necessary. 54 § 12-09. No compensation to unauthorized employees. 55 No officer of the city whose duty is to sign or countersign warrants 56 shall draw, sign or issue, or authorize the drawing, signing or issuing 
 S. 8578 49 1 of any warrant on the commissioner of finance or other disbursing offi- 2 cer of the city for payment of salary to any person in its service whose 3 appointment or retention has not been in accordance with the state civil 4 service law and the valid rules in force thereunder. 5 § 12-10. Examination for licenses. 6 The personnel director shall, unless otherwise provided by law, have 7 power, upon request of any person charged with the duty of issuing 8 licenses or permits, to conduct, under rules and regulations to be 9 established by the personnel director, examinations and tests to deter- 10 mine the qualifications of persons applying for such licenses or 11 permits. The personnel director shall certify to the person having power 12 to issue the license or permit the result of any such examination or 13 test. 14 § 12-11. Officers or employees designated to serve in exempt civil 15 service positions. 16 (a) Notwithstanding any provision in this charter to the contrary, the 17 mayor or head of an agency may designate any officer or employee occupy- 18 ing a position in the competitive class of the civil service to serve in 19 a position in the exempt class, and in such case, the officer or employ- 20 ee so designated shall thereupon enter upon and exercise all the powers 21 and duties and receive the salary of such exempt position, and shall 22 retain all the rights, privileges and status of such officer or employ- 23 ee's position in the competitive class. 24 (b) The appointment of any person chosen to fill the position thus 25 left vacant shall be temporary and shall terminate upon the return of 26 such officer or employee to such position as provided in subdivision (e) 27 of this section. 28 (c) Such designation shall be in writing and shall be filed and remain 29 of record in the office of such agency, in the office of the personnel 30 director and in the office of the mayor and shall remain in force until 31 revoked by the mayor or head of such agency, as the case may be. 32 (d) Service in such position in the exempt class shall be credited as 33 service in the competitive class and the status of such officer or 34 employee in respect to pensions or otherwise shall not be adversely 35 affected by such designation. 36 (e) Upon the termination of the officer or employee's services in such 37 exempt position, except by dismissal for cause in the manner provided in 38 section seventy-five of the state civil service law, such officer or 39 employee shall immediately and without further application return to the 40 position in the competitive class with the status, rights, privileges 41 and salary enjoyed immediately prior to the designation to the position 42 in the exempt class as if service in the competitive position had been 43 continuous. 44 § 12-12. Residency exemption. 45 Any employee who was previously employed by the city of New York, and 46 who is appointed, reassigned or transferred to city employment, without 47 a break in service shall be exempt from any residency requirement in 48 connection with his or her employment or subsequent promotion, demotion, 49 reassignment, transfer or other personnel change. For the purpose of 50 this section, a break in service shall be defined as a period of more 51 than one year. 52 Chapter 13 53 Equal Employment Practices Commission 54 § 13-01. Equal employment practices commission. 55 (a) There shall be an equal employment practices commission which 56 shall review, evaluate and monitor the employment procedures, practices 
 S. 8578 50 1 and programs of any city agency and the department of personnel to main- 2 tain an effective affirmative employment program of equal employment 3 opportunity for minority group members and women who are employed by or 4 who seek employment with city agencies. 5 (b) The commission shall consist of three members who shall be compen- 6 sated on a per diem basis. The mayor, the council, and the comptroller 7 shall each appoint one member. The mayor shall appoint a member to serve 8 as the chair. 9 (c) Members shall be appointed for four-year terms. 10 (d) The commission may, within the appropriations available therefor, 11 appoint an executive director and such deputies, assistants, and other 12 employees as may be needed for the performance of the duties prescribed 13 herein. 14 (e) The commission may meet as necessary to implement the provisions 15 of this chapter provided that the commission shall meet at least once 16 every eight weeks. 17 § 13-02. Duties and powers of the equal employment practices commis- 18 sion. 19 (a) The commission: 20 1. shall monitor the employment policies, programs and practices of 21 each city agency; and 22 2. monitor the coordination and implementation of any city affirmative 23 employment program of equal employment opportunity for minority group 24 members and women who are employed by or who seek employment with city 25 agencies, including the activities of the department of personnel, and 26 the civil service commission, pursuant to chapter twelve of this char- 27 ter, and any other agency designated by the mayor to assist in the 28 implementation or coordination of such efforts, and all city agencies 29 required by section 12-05 of this charter to establish agency program. 30 (b) The commission may request and shall receive from any city agency 31 such information, other than information which is required by law to be 32 kept confidential or which is privileged as attorney client communi- 33 cations, attorney work products or material prepared for litigation, and 34 such assistance as may be necessary to carry out the provisions of this 35 chapter. 36 (c) The commission shall communicate to any appropriate authority any 37 information regarding suspected or alleged violations of this chapter. 38 (d) The commission shall have the following powers and duties: 39 1. to review the uniform standards, procedures, and programs of the 40 department of personnel pursuant to section 12-04 of this charter, and 41 to review the plans adopted by city agencies in accordance with the 42 provisions of section 12-05 of this charter, and to provide any such 43 agency or the department of personnel with such comments and suggestions 44 as the commission deems necessary and appropriate; 45 2. to recommend to the department of personnel, all city agencies, or 46 any one or more particular agencies, procedures, approaches, measures, 47 standards and programs to be utilized by such agencies in their efforts 48 to ensure a fair and effective affirmative employment program of equal 49 employment opportunity for minority group members and women who are 50 employed by or seek employment with city agencies; 51 3. to recommend to any city agency actions which such agency should 52 consider including in its next annual plan as required by section 12-05 53 of this charter; 54 4. to advise and, if requested, assist city agencies in their efforts 55 to increase employment of minority group members and women who are 56 employed by or who seek employment with city agencies; 
 S. 8578 51 1 5. to audit and evaluate the employment practices and procedures of 2 each city agency and their efforts to ensure fair and effective equal 3 employment opportunity for minority group members and women at least 4 once every four years and whenever requested by the civil service 5 commission or the human rights commission or whenever otherwise deemed 6 necessary by this commission; 7 6. to make such policy, legislative and budgetary recommendations to 8 the mayor, council, the department of personnel or any city agency as 9 the commission deems necessary to ensure equal employment opportunity 10 for minority group members and women; 11 7. to publish by the fifteenth of February of each year a report to 12 the mayor and the council on the activities of the commission and the 13 effectiveness of each city agency's affirmative employment efforts and 14 the efforts by the department of personnel to ensure equal employment 15 opportunity for minority group members and women who are employed by or 16 seek to be employed by city agencies; 17 8. to establish appropriate advisory committees; 18 9. to serve with such other agencies or officials as shall be desig- 19 nated by the mayor as the city liaison to federal, state and local agen- 20 cies responsible for compliance with equal employment opportunity for 21 minority group members and women who are employed by or who seek to be 22 employed by city agencies; and 23 10. to take such other actions as are appropriate to effectuate the 24 provisions and purposes of this chapter. 25 § 13-03. Compliance procedures. 26 (a) The commission shall conduct such study or investigations and hold 27 such hearings as may be necessary to determine whether agencies are in 28 compliance with the equal employment opportunity requirements of this 29 chapter and chapter twelve of this charter. 30 (b) For the purpose of ascertaining facts in connection with any study 31 or investigation authorized by this chapter, the commission shall have 32 power to compel the attendance of witnesses, to administer oaths and to 33 examine such persons as they may deem necessary. The commission or any 34 agent or employee thereof duly designated in writing by them for such 35 purposes may administer oaths or affirmations, examine witnesses in 36 public or private hearing, receive evidence and preside at or conduct 37 any such study or investigation. 38 (c) If the commission makes a preliminary determination pursuant to 39 section 13-02 of this chapter, that any plan, program, procedure, 40 approach, measures or standard adopted or utilized by any city agency or 41 the department of personnel does not provide equal employment opportu- 42 nity; and/or if the commission makes a preliminary determination pursu- 43 ant to this chapter and chapter twelve of this charter, that an agency 44 has not provided equal employment opportunity the commission shall noti- 45 fy the agency in writing of this determination and provide an opportu- 46 nity for the agency to respond. If the commission, after consideration 47 of any such response and after consulting with the agency, concludes 48 that the corrective actions, if any, taken or planned by the agency are 49 not sufficient to correct the non-compliance identified in the prelimi- 50 nary determination, it should make a final determination in writing, 51 including such recommended corrective action as the commission may deem 52 appropriate. The agency shall within thirty days thereafter respond to 53 the commission on any corrective action it intends to make and shall 54 make monthly reports to such commission on the progress of such correc- 55 tive action. If the commission, after a period not to exceed six months, 56 determines that the agency has not taken appropriate and effective 
 S. 8578 52 1 corrective action, the commission shall notify the agency in writing of 2 this determination and the commission may thereafter publish a report 3 and recommend to the mayor whatever appropriate corrective action the 4 commission deems necessary to ensure compliance with equal employment 5 opportunity pursuant to the requirements of this chapter and chapter 6 twelve of this charter. Within thirty days of such determination the 7 agency shall submit a written response to the commission and the mayor. 8 The mayor after reviewing the commission's findings and the agency's 9 response, if any, shall order and publish such action as he or she deems 10 appropriate. 11 Chapter 14 12 Collective Bargaining 13 § 14-01. Office of collective bargaining; director. 14 There shall be an office of collective bargaining, the head of which 15 shall be the director of such office, who shall be the person holding 16 the office of chairman of the board of collective bargaining. The 17 director may appoint, and at pleasure remove, two deputies. 18 § 14-02. Board of collective bargaining. 19 There shall be in the office of collective bargaining a board of 20 collective bargaining, which shall consist of five members. Two members 21 of the board shall be city members, two members of the board shall be 22 labor members, and one impartial member who shall be the chair. The 23 mayor shall have the power to appoint the city members of the board to 24 serve at the mayor's pleasure, and the labor members of the board from 25 designations by the municipal labor committee. Each labor and city 26 member shall have an alternate, who shall be appointed and removed in 27 the same manner as the member for whom he or she is the alternate. The 28 chair shall be elected by the unanimous vote of the city and labor 29 members, and shall serve for three year terms. 30 Notwithstanding any other provision of law, a labor member may not be 31 removed from the board except upon request of the municipal labor 32 committee, or except for cause, as hereinafter provided. Any member may 33 be removed for cause by a majority of the entire board, including at 34 least one city member and one labor member, after having been given a 35 copy of the charges against him and an opportunity to be heard in person 36 or by counsel in his or her defense upon not less than ten days notice. 37 Vacancies in the office of a city member or a labor member shall be 38 filled in the same manner as herein provided for appointment. Vacancies 39 in the office of an impartial member occurring otherwise than by expira- 40 tion of term shall be filled by unanimous vote of the city and labor 41 members for the unexpired balance of the term. 42 § 14-03. Bureau of certification. 43 There shall be in the office of collective bargaining a bureau of 44 certification, which shall be administered by the impartial member of 45 the board of collective bargaining. 46 § 14-04. Powers and duties. 47 The office of collective bargaining, the board of collective bargain- 48 ing and the bureau of certification shall have such powers and duties 49 with respect to labor relations and collective bargaining as shall be 50 prescribed by law and which shall be substantially equivalent to chapter 51 3 of title 12 of the New York city administrative code as it existed on 52 the date this charter was submitted pursuant to subdivision c of section 53 4 of chapter 773 of the laws of 1989 and shall also provide for a Staten 54 Island municipal labor committee. 55 § 14-05. Compensation. 
 S. 8578 53 1 (a) Board of collective bargaining; bureau of certification director. 2 The city members and the labor members of the board of collective 3 bargaining and their alternates shall serve without compensation. The 4 director shall be salaried for his or her services as director, chair of 5 the board of collective bargaining, and administrator of the bureau 6 certification. The director and all members of both such boards and 7 their alternates shall be entitled to receive a per diem fee and 8 reimbursement for their actual and necessary expenses incurred in the 9 performance of their duties. Fifty percent of the salary, fees, and 10 expenses provided for in this subdivision shall be paid by the members 11 of the municipal labor committee, under rules and regulations issued by 12 the board of collective bargaining, which rules may provide how such 13 costs shall be distributed among such members. 14 (b) Members of mediation and impasse panels; arbitrators. Members of 15 mediation and impasse panels, and arbitrators, shall be paid a per diem 16 fee to be determined by the board of collective bargaining, unless the 17 parties to the particular dispute shall have agreed to a different fee, 18 and shall be reimbursed for their actual and necessary expenses incurred 19 in the performance of their duties. The public employer and public 20 employee organization which are parties to the particular negotiation or 21 grievance shall each pay fifty percent of such fees and expenses and 22 related expenses incidental to the handling of deadlocked negotiations 23 and unresolved grievances. 24 (c) Appointment of counsel and attorneys. The director may appoint a 25 counsel and attorneys, who, at the direction of the bureau of certif- 26 ication or the board of collective bargaining may appear for and repre- 27 sent the office of collective bargaining or either of the aforesaid 28 boards in any legal proceeding. 29 § 14-06. Publication of collective bargaining agreements. 30 Not later than sixty calendar days after the execution of a collective 31 bargaining agreement, a copy shall be published in a newspaper of gener- 32 al circulation in the city together with a statement by the mayor: 33 (a) of the total costs and current and future budgetary and economic 34 consequences of the agreement, and 35 (b) of the implications and likely impact of the agreement on the 36 efficient management of city agencies and the productivity of city 37 employees. 38 § 14-07. Budgeting for agreements. 39 (a) So far as practicable, each collective bargaining agreement cover- 40 ing city employees shall be executed prior to the commencement of the 41 fiscal year during which its provisions shall first be in effect. 42 (b) No part of any retroactive wage or salary settlement shall be 43 charged to the capital budget. 44 Chapter 15 45 Transitory Provisions 46 § 15-01. Rights of officers and employees of the city of New York 47 preserved. 48 (a) Nothing in this charter contained shall affect or impair the 49 rights or privileges of officers or employees of the city of New York 50 who are transferred, reassigned, appointed or otherwise employed by the 51 city in relation to the personnel, appointment, salaries, ranks, grades, 52 tenure of office, promotion, removal, pension and retirement rights, 53 civil rights or any other rights or privileges of officers or employees 54 of the city generally or officers or employees of any agency. 55 (b) There shall be no layoffs of officers or employees of the city of 56 New York classified municipal civil service as a result of transfer of 
 S. 8578 54 1 functions or work currently being performed by employees or officers of 2 the city of New York to the city of Staten Island. The city shall guar- 3 antee the continued employment of all officers and employees of the city 4 of New York who are performing duties and functions related to any 5 municipal governmental operation affecting the city of Staten Island at 6 the time this charter takes effect. 7 § 15-02. Transfer of officers and employees in case of transfer of 8 functions. 9 Wherever by any provision of this charter functions, powers or duties 10 are assigned to any agency which have been heretofore exercised by the 11 city of New York, its agencies, boards, corporations or other related 12 entities, all officers and employees in the classified municipal civil 13 service who at the time when such charter provisions shall take effect 14 are engaged in the performance of such functions, powers or duties shall 15 be transferred to the agency to which such functions, powers or duties 16 are assigned by this charter, without examination and without affecting 17 existing compensation or pension or retirement rights, privileges or 18 obligations of such officers and employees. Furthermore, any employee to 19 be transferred to the city pursuant to this charter shall be given the 20 option to remain in the employ of the city of New York without diminu- 21 tion of rights, privileges, salary and benefits. Any employee not 22 included in such transfer shall be able to protest the decision pursuant 23 to the procedures set forth in section seventy of the civil service law. 24 § 15-03. Continuity of employee representation. 25 Employees transferred from the city of New York to the city except for 26 those designated managerial or confidential shall be included in employ- 27 er - employee negotiating units comparable to existing units in the city 28 of New York. With respect to employees to be placed in such negotiating 29 units, the public employee organization recognized or certified to 30 represent the employees in comparable city of New York negotiating units 31 shall be recognized as the city unit representative. 32 § 15-04. Continuity of collectively bargained benefits. 33 All rights, privileges and benefits provided by collectively bargained 34 agreements to city of New York employees shall be continued for such 35 employees transferred, reappointed or otherwise employed by the city 36 until such time as successor collective bargaining agreements are nego- 37 tiated. 38 § 15-05. Future alterations of the negotiating units. 39 Future alterations of the city negotiating units shall be made pursu- 40 ant to article fourteen of the state civil service law and office of 41 collective bargaining implementing legislation. 42 § 15-06. Establishment of new titles. 43 (a) The city shall consult and bargain on all terms and conditions of 44 employment with the appropriate public employee organization with 45 respect to the establishment of any new titles which are similar to or 46 reasonably related to titles already represented by such public employee 47 organizations in the city or in the city of New York. 48 (b) Any such titles for which terms and conditions are bargained 49 pursuant to subdivision (a) of this section shall be deemed to be 50 successor titles within the meaning of applicable law. So long as the 51 responsibilities of employees in these titles are reasonably related to 52 the responsibilities of employees currently represented by public 53 employee organizations, such titles shall be accredited or placed in a 54 negotiating unit represented by such public employee organizations. 55 § 15-07. Dispute resolution. 
 S. 8578 55 1 If a dispute arises, the office of collective bargaining shall deter- 2 mine which public employee organization is appropriate to represent 3 transferees, other hires, or employees in a new title on the basis of 4 the title's community of interest with titles in the city and the city 5 of New York. 6 § 15-08. Existing rights and remedies preserved. 7 No existing right or remedy of any character shall be lost or impaired 8 or affected by reason of the adoption of this charter. 9 Chapter 16 10 Labor Relations 11 § 16-01. Department; commissioner. 12 (a) There is established a department of labor relations, the head of 13 which shall be the commissioner of labor relations. 14 (b) The commissioner of labor relations is hereby authorized to repre- 15 sent the mayor in the conduct of all relations between the city and 16 labor unions, associations, or other organizations representing employ- 17 ees of the city. The commissioner of labor relations shall be responsi- 18 ble for the conduct of all relations and she or he shall establish broad 19 city wide policy governing them. 20 (c) The appropriate city staff agencies shall render advice to the 21 commissioner of labor relations on questions of law, finance, personnel 22 policy, operations and management. 23 § 16-02. Powers and duties. 24 (a) The commissioner of labor relations is authorized to negotiate 25 labor agreements with the unions certified as representing the various 26 groups of city employees, and to prepare and sign labor agreements on 27 behalf of the mayor. 28 (b) The heads of all city departments and agencies and the staff of 29 the office of the mayor shall cooperate fully with the commissioner of 30 labor relations in carrying out his or her responsibilities. This coop- 31 eration shall include, but not be limited to the following: 32 1. notice and transmittal to the commissioner of labor relations of 33 all inquiries and requests from labor unions, associations or other 34 organizations representing employees of the city soliciting interpreta- 35 tion of any agreement; 36 2. actions by city departments or agencies based upon interpretations 37 of collective bargaining agreement shall not be taken without prior 38 consultation with the commissioner of labor relations; 39 3. agreements, contracts or understandings, verbal or written, shall 40 be consummated between the head of any city department or agency or one 41 of his or her subordinates, and a union or organization representing 42 employees of that agency, only after prior consultation and review by 43 the commissioner of labor relations; 44 4. grievance and dispute settlement procedures such as arbitration, 45 mediation, fact-finding and labor-management conference discussions 46 relating to city employee labor disputes or grievances, either advisory 47 or binding, shall be entered into by city departments or agencies only 48 after prior consultation and review of the commissioner of labor 49 relations. Such settlement procedures shall be processed through and 50 handled by the department of labor relations; 51 5. city departments and agencies shall not unilaterally change, in a 52 substantial way, the working conditions of their employees without prior 53 consultation with the commissioner of labor relations; 54 6. city departments and agencies shall not take disciplinary action 55 against any employee or group of employees involved in a labor relations 
 S. 8578 56 1 dispute without prior consultation with the commissioner of labor 2 relations; 3 7. city departments and agencies shall provide the commissioner of 4 labor relations with all necessary information needed in the conduct of 5 labor negotiations affecting employees in their departments and shall 6 participate with the commissioner of labor relations in the negotiations 7 as, in the opinion of the commissioner of labor relations, may be neces- 8 sary from time to time; 9 8. heads of city departments and agencies and the staff of the office 10 of the mayor shall give notice to the commissioner of labor relations of 11 all meetings held with labor unions, associations, or other organiza- 12 tions representing city employees; 13 9. heads of city departments and agencies and the staff of the mayor 14 shall consult with the commissioner of labor relations prior to the 15 issuance of any public or press statement relating to labor relations 16 with city employees; 17 10. the labor relations officer of each city department and agency 18 shall act as liaison with the department of labor relations and shall 19 keep that department informed of employee relations problems in his or 20 her department or agency. In particular, he or she shall immediately 21 notify the department of labor relations of any threatened or actual 22 strike, work stoppage, job action, mass resignation or picketing by 23 employees of his or her department or agency. 24 § 3-001. Legislative findings and declaration of purposes. 25 The legislature hereby finds and declares that it is essential that a 26 municipal corporation of the city of Staten Island be authorized to 27 represent the interests of the city of Staten Island during the transi- 28 tion period prior to the date of establishment of the city, provide 29 preparation for the operations of the city and provide financing for 30 such transition period and initial funding for the city. 31 § 3-002. Elections. 32 1. The board of elections of the city of New York shall provide for 33 the election of a mayor, a city comptroller and a common council, as 34 provided for in chapter 773 of the laws of 1989, as amended, for a poli- 35 tical subdivision of the state to be known as the city of Staten Island, 36 at the general election to be held in November next succeeding the date 37 on which this section shall have become a law in the county of Richmond. 38 Such expenses for such election will be reimbursed by the state from 39 those moneys to be allocated as general state aid to a city of Staten 40 Island. Chapter 7 of title 3 of the administrative code of the city of 41 New York, known as the "New York City Campaign Finance Act", shall not 42 apply to such elections. 43 2. The Mayor elect and common council elect of the city of Staten 44 Island, upon the constitutional oath of office, are hereby authorized to 45 represent the interests of the city of Staten Island, and as govern- 46 mental officers of the city of Staten Island are authorized to enter 47 into negotiations as provided under this act and enter into such 48 purchase or employment contracts as would be authorized for such city 49 subsequent to the date of establishment. Any such contracts or agree- 50 ments from such negotiations shall be binding upon the city of Staten 51 Island. 52 3. The mayor elect, the comptroller elect and the common council elect 53 shall take the oath of office on the first of January next succeeding 54 the date on which this act shall have become a law, at which time the 55 city shall be incorporated. The mayor, city comptroller and common coun- 56 cil shall establish accounts according to the provisions of the charter 
 S. 8578 57 1 of the city of Staten Island and appoint such other city officers as may 2 be necessary in accordance with the provisions of the city charter. 3 § 3-003. Staten Island city government-transition. 4 1. Short title. This section may be cited as the "Staten Island City 5 Government-Transition Act". 6 2. Definitions. For the purposes of this section: 7 (a) "City" means the city of Staten Island. 8 (b) "Director of management and budget" means the director of manage- 9 ment and budget of the city of Staten Island. 10 (c) "Corporation" means the municipal corporation as created by this 11 section. 12 (d) "Mayor" means the mayor of the city of Staten Island. 13 (e) "Comptroller" means the comptroller of the city of Staten Island. 14 (f) "State" means the state of New York. 15 (g) "Bonds" and "notes" means revenue bonds and notes respectively, 16 issued by the corporation pursuant to this section. 17 (h) "Revenues" means all aid, rents, fees, charges, payments and other 18 income and receipts paid or payable to the municipal corporation for the 19 account of the city of Staten Island, including any payment required to 20 be made to the corporation by this section. 21 (i) "Operating expenses" means all expenses incurred by the government 22 in the administration of the municipal corporation including but not 23 limited to salaries, administrative expenses, insurance premiums, audit- 24 ing and legal expenses and fees and expenses incurred for professional 25 consultants and fiduciaries. 26 (j) "Capital reserve fund requirement" means as of any particular date 27 of computation, an amount of money equal to the amount required, for the 28 then current fiscal year of the municipal corporation, to pay interest 29 during such fiscal year on all bonds of the corporation outstanding on 30 said date of computation, the principal amount of all bonds of the 31 corporation outstanding on said date of computation which matures during 32 such fiscal year and the amount of sinking fund payments payable during 33 such fiscal year with respect to any bonds of the corporation outstand- 34 ing on said date of computation. 35 (k) "Sinking fund payment" means the amount of money specified in the 36 resolution authorizing bonds as payable into a sinking fund during a 37 particular fiscal year for the retirement of term bonds which mature 38 after such fiscal year, but shall not include any amount payable by 39 reason only of the maturity of the bond. 40 3. General powers as a municipal corporation. The city shall have the 41 following powers in addition to those specially conferred elsewhere in 42 this act: (a) to sue and be sued; (b) to have a seal and alter the same 43 at pleasure; (c) to make and alter by-laws for its organization and 44 internal management and, subject to agreements with noteholders or bond- 45 holders, to make rules and regulations governing the use of its property 46 and facilities; (d) to make and execute contracts, leases, subleases and 47 all other instruments or agreements necessary or convenient for the 48 exercise of its powers and functions under this section; (e) to purchase 49 real or personal property necessary and convenient for its municipal 50 purposes; to execute and deliver deeds for real property held in its own 51 name; and to sell or otherwise to dispose of such real or personal prop- 52 erty that, in the judgment of the city, is no longer necessary for its 53 municipal purposes; (f) to appoint officers, agents and employees, 54 prescribe their duties and qualifications and fix their compensation; 55 (g) to commence any action to protect or enforce any right conferred 56 upon it by any law, contract or other agreement; (h) to borrow money and 
 S. 8578 58 1 to issue negotiable notes or bonds or other obligations and to fund or 2 refund the same, and to provide for the rights of the holders of its 3 obligations; (i) subject to the provisions of any contract with note- 4 holders or bondholders, to invest any funds held in reserves or sinking 5 funds, or any funds not required for immediate use or disbursement, at 6 the discretion of the city, in obligations of the state or federal 7 government, obligations the principal of and interest on which are guar- 8 anteed by the state or federal government, or obligations of agencies of 9 the federal government which may, from time to time, be legally 10 purchased by savings banks of the state as investments of funds belong- 11 ing to them or in their control and which have been approved by the 12 state comptroller or in secured time deposits or other interest bearing 13 accounts secured by such obligations; (j) subject to the provisions of 14 any contract with noteholders or bondholders, to purchase notes or bonds 15 of the city; (k) to procure insurance against any loss in such amounts 16 and from such insurers as it deems desirable; (l) to engage the services 17 of consultants on a contract basis for rendering professional and tech- 18 nical assistance and advice; (m) to contract for and to accept any gifts 19 or grants or loans of funds or property or financial or other aid in any 20 form from the federal government or any agency or instrumentality there- 21 of, or from any other source and to comply with the terms and conditions 22 thereof; (n) as security for the payment of the principal of and inter- 23 est on any bonds so issued and any agreements made in connection there- 24 with, to pledge all or any part of its revenues; (o) to enact such local 25 laws to take effect on the date of establishment as shall be necessary 26 to provide for effective transition of government; and (p) to do any and 27 all things necessary or convenient to carry out its purposes and exer- 28 cise the powers expressly given and granted in this act. 29 4. Notes and bonds of the city. The city shall have power and is here- 30 by authorized from time to time to issue its negotiable notes and bonds 31 in conformity with applicable provisions of the uniform commercial code, 32 the local finance law and the state finance law. 33 § 3-004. Employees of the city of Staten Island. 34 1. Notwithstanding any inconsistent provisions of this act, the 35 appointment and promotion of all employees of and for the city shall be 36 made in accordance with the provisions of the state civil service law 37 and shall be subject to the jurisdiction of the state civil service 38 commission and the compensation for such employees shall be fixed by the 39 city. 40 2. Any municipality and the city shall have the power to agree to 41 provide for the transfer to the city of agents, employees and facilities 42 of such municipality to enable the city to fulfill its municipal 43 purposes. Employees of such municipality to be transferred to the city 44 pursuant to this act shall be automatically appointed and transferred to 45 the city in the same or equivalent classification and position they hold 46 at the time of the transfer. The city, its officers and employees, 47 shall be subject to article fourteen of the state civil service law and 48 for all purposes the city shall remain and be deemed "public employer". 49 Employees who are members or beneficiaries of any existing pension or 50 retirement system shall continue to have such rights, privileges, obli- 51 gations or status with respect to such system as are prescribed by law 52 on the date this act takes effect, and all such employees who have been 53 appointed to positions in municipal service in accordance with the 54 provisions of the state civil service law under the rules of the city 55 civil service commission shall have the same status with respect thereto 56 in the service of the city as they had in prior municipal service. 
 S. 8578 59 1 3. Transfer rights. Notwithstanding any other provision of law, there 2 shall be no layoffs of officers or employees of the preceding munici- 3 pality, its agencies, authorities, boards, corporations or other related 4 entities as a result of the transfer of functions or work currently 5 performed by these officers and employees to the city of Staten Island. 6 All such employees who have been assigned to work on Staten Island or 7 who have been substantially engaged in the performance of a function to 8 be transferred to the city of Staten Island shall be transferred to 9 positions in employment by the city of Staten Island upon the establish- 10 ment of the city of Staten Island and shall retain all rights, privi- 11 leges, benefits and salaries to which any such employee was previously 12 entitled as an employee of the preceding municipality. Notice that an 13 employee is subject to transfer shall be given to an employee no less 14 than twenty days prior to the effective date of transfer. Any employee 15 so notified may opt to remain in his or her employment by the preceding 16 municipality rather than be transferred by so informing his or her 17 employer ten days prior to the transfer date. Such employee shall be 18 retained in employment by the preceding municipality and retain all 19 rights, privileges, benefits and salaries to which the employee was 20 entitled prior to the establishment of the city of Staten Island. 21 4. Transfer mechanism. The mechanism for the transfer of the employees 22 to the city of Staten Island shall be the subject of negotiations among 23 the preceding municipality, the city of Staten Island and the appropri- 24 ate public employee organizations. The parties shall negotiate an 25 appeals process for employees aggrieved by their exclusion from the 26 transfer. If the parties are unable to reach agreement as to transfer 27 issues, the parties shall submit such issues to mediation and, if neces- 28 sary, impasse panels to be appointed in accordance with the collective 29 bargaining provisions of the administrative code of the preceding muni- 30 cipality. Transferees represented by the public employee organizations 31 shall be entitled to all rights and benefits which they were entitled to 32 prior to transfer including, but not limited to, seniority and accrued 33 annual and sick leave time. 34 5. Vacancies. Any employee of the preceding municipality not subject 35 to the transfer set forth in subdivision three of this section shall be 36 eligible to transfer to a vacant position in a title in the city of 37 Staten Island requiring the same, similar or related duties to duties 38 actually performed in the preceding municipality title by submitting 39 written notice of intent to transfer to the city of Staten Island direc- 40 tor of personnel within six months of the establishment of the city of 41 Staten Island. The preceding municipality shall inform in writing 42 employees who are residents of Staten Island of their right to apply for 43 transfer. Immediately upon receipt of any notice to transfer, the direc- 44 tor of personnel shall establish for each city of Staten Island title 45 two lists of eligible employees who give timely notice in order of the 46 employees' preceding municipality seniority in the title requiring the 47 same, similar or related duties. The first list shall include the names 48 of transfer applicants who are domiciled in the city of Staten Island on 49 the date of the submission of the notice. The second list shall include 50 the names of transfer applicants not domiciled in the city of Staten 51 Island. Appointments to any vacant positions in these titles shall be 52 made from the Staten Island domicile list and, when that list is 53 exhausted, from the second list until such lists are exhausted or until 54 a period of four years from the date of the establishment of the indi- 55 vidual list has expired. 
 S. 8578 60 1 6. Residency exemption. Any employee of the preceding municipality 2 appointed, reassigned or transferred to city of Staten Island employment 3 without a break in service shall be exempt from any residency require- 4 ment in connection with his or her employment or subsequent promotion, 5 demotion, reassignment, transfer or other personnel change. For the 6 purpose of this section, a break in service shall be defined as a period 7 of more than one year. Notwithstanding any other provision of law, any 8 Staten Island resident employed by the preceding municipality or on 9 leave of absence from such employment on the date of the establishment 10 of the city of Staten Island shall be exempt from any residency require- 11 ment in connection with his or her preceding municipality employment or 12 subsequent preceding municipality promotion, demotion, reassignment, 13 transfer or other personnel change. 14 7. Retirement. The city of Staten Island shall participate in the 15 State's retirement systems. 16 (a) On and after the date of the establishment of the city of Staten 17 Island, employees of the preceding municipality who are transferred to 18 employment in the city of Staten Island shall thereupon become members 19 of the appropriate state retirement system to the extent permitted or 20 required by the provisions of the retirement and social security law, 21 the education law or local law, as appropriate, and the employees' 22 reserves in any other retirement system shall be transferred to the 23 appropriate New York state retirement system without request by them or 24 notice to the retirement systems, except that any such employee who is a 25 member of one of the retirement systems of the preceding municipality 26 may elect to continue membership in such system. Any election pursuant 27 to this subdivision shall be made no later than the one hundred twenti- 28 eth day succeeding the date on which the provisions of this section 29 become effective, by filing a written notice thereof with the adminis- 30 trative head of the appropriate New York state, preceding municipality 31 and city of Staten Island retirement systems, as appropriate, and once 32 made and filed, shall be irrevocable. Upon the retirement of an employee 33 who has made such an election, the calculation of final average salary 34 by the retirement system of the preceding municipality shall be 35 performed as if the salary earned as a city of Staten Island employee on 36 and after the effective date of this section was earned in employment of 37 the preceding municipality. In the case of an employee who remains or 38 becomes a member of a New York state employees' retirement system pursu- 39 ant to this subdivision, the retirement system of the preceding munici- 40 pality shall make a transfer of reserves, contributions and credits to 41 such New York state employees' retirement system, in the manner required 42 by section 43 of the retirement and social security law. 43 (b) The comptroller of the preceding municipality shall certify to the 44 comptroller of the city of Staten Island and the state comptroller or 45 other chief officer of a state pension system the amount of money 46 required to be paid by the city of Staten Island for pension costs 47 resulting from elections made pursuant to paragraph (a) of this subdivi- 48 sion and the comptroller of the city of Staten Island shall pay to the 49 retirement system of the preceding municipality upon approval by the 50 state comptroller or other chief officer of a state pension system, the 51 amounts so certified by the comptroller of the preceding municipality. 52 The comptroller of the preceding municipality shall also certify to the 53 comptroller of the city of Staten Island and the state comptroller or 54 other chief officer of a state pension system the amount of money 55 required to be contributed by such employees. The comptroller of the 56 city of Staten Island shall be authorized to provide for the withholding 
 S. 8578 61 1 or withhold the contribution of such employees and the payment of that 2 amount to the retirement system of the preceding municipality. The 3 amount so certified pursuant to this paragraph shall be the same as the 4 amounts required to be contributed for similarly situated city employees 5 by the preceding municipality and by employees of the preceding munici- 6 pality. 7 8. Health insurance coverage. Health insurance coverage for city of 8 Staten Island employees, persons retired from city of Staten Island 9 employment and dependents of such employees and retirees shall be 10 provided in accordance with the personnel and labor, health insurance 11 coverage for municipal employees, persons retired from municipal employ- 12 ment and dependents of such employees and retirees provisions of the 13 administrative code of the preceding municipality unless the duly recog- 14 nized public employee representative negotiates altered terms. 15 9. Quasi-public entities. Rights and benefits of employees currently 16 employed by public authorities, boards, corporations and other quasi- 17 public entities of the preceding municipality shall be preserved upon 18 any transfer of functions resulting from the establishment of the city 19 of Staten Island. 20 § 3-005. Assistance to the city of Staten Island. 21 With the consent of any municipality, the city of Staten Island may 22 use agents, employees and facilities of such municipality, paying to the 23 municipality its agreed proportion of the compensation or costs. 24 § 3-006. Provision of municipal services in the city of Staten Island. 25 During the transition period the mayor and comptroller of the city of 26 Staten Island and the mayor and comptroller of the preceding munici- 27 pality are authorized to enter into agreements as to the provision of 28 municipal services by the preceding municipality to the city of Staten 29 Island to be provided on or after the date of establishment of the city 30 of Staten Island and the terms and conditions thereof. 31 § 3-007. Debt, property, obligations and other allocations. 32 1. (a) Proportion of debt to be assumed by the city of Staten Island. 33 The proportion of the debt of the preceding municipality which shall be 34 assumed by the city of Staten Island, as constituted by this act, shall 35 be determined in the following manner: The mayor and the comptroller of 36 the city of Staten Island, as representing the city of Staten Island and 37 the mayor and the comptroller of the preceding municipality, are hereby 38 authorized and empowered to agree if they can, as to the amount of the 39 debt of the preceding municipality, which should equitably and properly 40 be assumed by the city of Staten Island. If the mayor and the comp- 41 troller of the city of Staten Island and the mayor and the comptroller 42 of the preceding municipality shall be unable to agree within six months 43 after this section takes effect as to the proportion of said debt of the 44 preceding municipality to be assumed by the city of Staten Island, the 45 supreme court of the third judicial district shall have power to deter- 46 mine the proportion of said debt of the preceding municipality to be 47 assumed by the city of Staten Island, and to enforce such award, deci- 48 sion and determination as shall be made in an action to be brought by 49 and in the name of either of said parties not less than six months nor 50 more than one year after this section takes effect. Nothing herein 51 contained shall impair the obligation of any contract; and the property 52 and inhabitants of such part of the preceding municipality as is by this 53 act included within the city of Staten Island, shall continue liable to 54 the existing creditors of the said preceding municipality, in like 55 manner, as if this act had not been passed. But from and after the 56 taking effect of this section, the preceding municipality shall have no 
 S. 8578 62 1 power to issue any bond, obligation or other evidence of indebtedness 2 which shall bind or render liable the property or inhabitants of any 3 part of said municipality included within the city of Staten Island as 4 hereby constituted. The apportionment of the debt of the preceding muni- 5 cipality shall be determined according to the relative assessed valu- 6 ation of the real property included in, or remaining without the city of 7 Staten Island. 8 (b) Proportion of obligations other than debt to be assumed by the 9 city of Staten Island. The proportion of the obligations other than debt 10 of the preceding municipality which shall be assumed by the city of 11 Staten Island, as constituted by this act, shall be determined in the 12 following manner: The mayor and the comptroller of the city of Staten 13 Island, as representing the city of Staten Island and the mayor and the 14 comptroller of the preceding municipality, are hereby authorized and 15 empowered to agree if they can, as to the amount of the obligations 16 other than debt of the preceding municipality, which should equitably 17 and properly be assumed by the city of Staten Island. If the mayor and 18 the comptroller of the city of Staten Island and the mayor and the comp- 19 troller of the preceding municipality shall be unable to agree within 20 six months after this section takes effect as to the proportion of said 21 obligations other than debt of the preceding municipality to be assumed 22 by the city of Staten Island, the supreme court of the third judicial 23 district shall have power to determine the proportion of said obli- 24 gations other than debt of the preceding municipality to be assumed by 25 the city of Staten Island, and to enforce such award, decision and 26 determination as shall be made in an action to be brought by and in the 27 name of either of said parties not less than six months nor more than 28 one year after this section takes effect. Nothing herein contained shall 29 impair the obligation of any contract; and the property and inhabitants 30 of such part of the preceding municipality as is by this act included 31 within the city of Staten Island, shall continue liable to the existing 32 obligees of the said preceding municipality, in like manner, as if this 33 act had not been passed. But from and after the taking effect of this 34 section, the preceding municipality shall have no power to bind or 35 render liable the property or inhabitants of any part of said munici- 36 pality included within the city of Staten Island as hereby constituted. 37 (c) Disposition of real and personal property owned by or held in 38 trust for the preceding municipality. All the real property owned by the 39 preceding municipality and situated in that part of said municipality 40 included within the city of Staten Island, as constituted by this act, 41 is hereby vested in the said city of Staten Island and divested out of 42 the preceding municipality, and all of the real property owned by the 43 preceding municipality and situated elsewhere in said municipality is 44 hereby vested in the preceding municipality and divested out of the said 45 city of Staten Island. All of the property owned by the preceding muni- 46 cipality other than real property, including money, investments, securi- 47 ties on investments and money held in trust for the benefit of said 48 municipality, directly or indirectly, shall be divided between the 49 preceding municipality and the city of Staten Island, as constituted by 50 this act, and the proportion of the same to which each shall, in equity 51 and good conscience, be entitled to receive upon such division, shall be 52 ascertained and determined by agreement by and between the mayor and 53 comptroller of the preceding municipality, upon the one side, and the 54 mayor and the comptroller of the said city of Staten Island, upon the 55 other side, and in the case of their inability to agree upon such divi- 56 sion within six months after this section shall take effect, the supreme 
 S. 8578 63 1 court in the third judicial district is hereby empowered to divide the 2 same between them and to ascertain and award to each its equitable 3 proportion thereof, and to enforce its determination thereon, and either 4 of the said municipalities may institute and prosecute, in its own name, 5 an action in said court for that purpose after the expiration of six 6 months and before the expiration of one year after this section takes 7 effect. 8 (d) Documents. The preceding municipality shall provide the city of 9 Staten Island with all books, papers, documents and files held by such 10 municipality which apply primarily to the area of the city of Staten 11 Island and shall make available for copying by the city of Staten Island 12 any other books, papers, documents and files which such city shall 13 request as pertaining to such city in any other manner. 14 2. (a) Proportion of debt to be assumed by the city school district of 15 the city of Staten Island. The proportion of the debt of the city school 16 district of the preceding municipality which shall be assumed by the 17 city school district of the city of Staten Island, as constituted by 18 this act, shall be determined in the following manner: The board of 19 education of the city school district of the city of Staten Island and 20 the board of education of the city school district of the preceding 21 municipality, are hereby authorized and empowered to agree if they can, 22 as to the amount of the debt of the city school district of the preced- 23 ing municipality, which should equitably and properly be assumed by the 24 city school district of the city of Staten Island. If the board of 25 education of the city school district of the city of Staten Island and 26 the board of education of the city school district of the preceding 27 municipality shall be unable to agree within six months after this 28 section takes effect as to the proportion of said debt of the city 29 school district of the preceding municipality to be assumed by the city 30 school district of the city of Staten Island, the supreme court of the 31 third judicial district shall have power to determine the proportion of 32 said debt of the city school district of the preceding municipality to 33 be assumed by the city school district of the city of Staten Island, and 34 to enforce such award, decision and determination as shall be made in an 35 action to be brought by and in the name of either of said parties not 36 less than six months nor more than one year after this section takes 37 effect. Nothing herein contained shall impair the obligation of any 38 contract; and the property and inhabitants of such part of the city 39 school district of the preceding municipality as is by this act included 40 within the city school district of the city of Staten Island, shall 41 continue liable to the existing creditors of the city school district of 42 the said preceding municipality, in like manner, as if this act had not 43 been passed. But from and after the taking effect of this section, the 44 city school district of said preceding municipality shall have no power 45 to issue any bond, obligation or other evidence of indebtedness which 46 shall bind or render liable the property or inhabitants of any part of 47 the city school district of said municipality included within the city 48 school district of the city of Staten Island as hereby constituted. The 49 apportionment of the debt of the city school district of the preceding 50 municipality shall be determined according to the relative assessed 51 valuation of the real property included in, or remaining without the 52 city school district of the city of Staten Island. 53 (b) Disposition of real and personal property owned by or held in 54 trust for the city school district of the preceding municipality. All 55 the real property owned by the city school district of the preceding 56 municipality and situated in that part of the city school district of 
 S. 8578 64 1 said municipality included within the city school district of the city 2 of Staten Island, as constituted by this act, is hereby vested in the 3 city school district of the city of Staten Island and divested out of 4 the city school district of the preceding municipality, and all of the 5 real property owned by the city school district of the preceding munici- 6 pality and situated elsewhere in the city school district of the preced- 7 ing municipality is hereby vested in the city school district of the 8 preceding municipality and divested out of the city school district of 9 the city of Staten Island. All of the property owned by the city school 10 district of the preceding municipality other than real property, includ- 11 ing money, investments, securities on investments and money held in 12 trust for the benefit of the city school district of the preceding muni- 13 cipality, directly or indirectly, shall be divided between the city 14 school district of the preceding municipality and the city school 15 district of the city of Staten Island, as constituted by this act, and 16 the proportion of the same to which each shall, in equity and good 17 conscience, be entitled to receive upon such division, shall be ascer- 18 tained and determined by agreement by and between the board of education 19 of the city school district of the preceding municipality, upon the one 20 side, and the board of education of the city school district of the city 21 of Staten Island, upon the other side, and in the case of their inabili- 22 ty to agree upon such division within six months after this section 23 shall take effect, the supreme court in the third judicial district is 24 hereby empowered to divide the same between them and to ascertain and 25 award to each its equitable proportion thereof, and to enforce its 26 determination thereon, and either of the said school districts may 27 institute and prosecute, in its own name, an action in said court for 28 that purpose after the expiration of six months and before the expira- 29 tion of one year after this section takes effect. 30 (c) Documents. The city school district of the preceding municipality 31 shall provide the city school district of the city of Staten Island with 32 all books, papers, documents and files held by such school district 33 which apply primarily to the area of the city school district of the 34 city of Staten Island, including its property, faculty and students, and 35 shall make available for copying by the city school district of the city 36 of Staten Island any other books, papers, documents and files which the 37 city school district of the city of Staten Island shall request as 38 pertaining to the city school district of the city of Staten Island in 39 any other manner. 40 § 3-008. Continuance of municipal services. 41 The preceding municipality shall be obligated to continue to maintain 42 during the transition period all municipal services and related equip- 43 ment and supplies at a level materially equivalent to that level of 44 municipal services and related equipment and supplies for the geograph- 45 ical area of the city of Staten Island as existing on the first of July 46 in the year in which this act shall have become a law subject to exist- 47 ing budget restraints of the preceding municipality. 48 § 3-009. Powers of the city of Staten Island to adopt and amend local 49 laws. 50 Notwithstanding the provisions of any other law, the common council of 51 the city of Staten Island shall have the power to adopt local laws in 52 accordance with the provisions of section 10 of the municipal home rule 53 law; provided, however, that no such local law adopted during the tran- 54 sition period shall be effective until the date of establishment of the 55 city of Staten Island. 
 S. 8578 65 1 § 3-010. Powers of the city of Staten Island relating to home rule 2 powers. 3 In accordance with the provisions of article IX of the constitution, 4 the city of Staten Island during the transition period shall have all of 5 the rights, powers, privileges and immunities granted to local govern- 6 ments with respect to the power of the legislature to act in relation to 7 the property or affairs of the city of Staten Island. 8 § 4-001. City school district of the city of Staten Island. 9 1. The territory of the city of Staten Island in the county of Rich- 10 mond, on the date when this act shall take effect, shall be and is here- 11 by constituted a city school district, and shall be known as the city 12 school district of the city of Staten Island and shall have and enjoy 13 all the powers and duties of a city school district under the provisions 14 of the education law. 15 2. Such district shall be under the control of a board of education, 16 which shall be composed pursuant to the provisions of article 52 of the 17 education law. 18 § 4-002. Section 2550 of the education law, as amended by chapter 65 19 of the laws of 1972, is amended to read as follows: 20 § 2550. Application of article. This article shall apply to the city 21 school districts of the following cities only: New York, Buffalo, 22 Rochester, Syracuse, Staten Island and Yonkers. 23 § 4-003. Section 2552 of the education law is amended by adding a new 24 subdivision e to read as follows: 25 e. City school district of the city of Staten Island: nine members. 26 § 4-004. Subdivisions 1, 2, 4, 5 and 6 of section 2553 of the educa- 27 tion law, subdivision 1 as separately amended by chapters 211 and 441 of 28 the laws of 1980, subdivisions 2, 4 and 5 as added by chapter 242 of the 29 laws of 1974 and subdivision 6 as amended by chapter 211 of the laws of 30 1980, are amended to read as follows: 31 1. No person shall be eligible to the office of member of a board of 32 education who is not a citizen of the United States, who is not quali- 33 fied to register for or vote at an election in accordance with the 34 provisions of section 5-106 of the election law, and who, in the case of 35 the city school district of the city of Yonkers, has not been a resident 36 of the city school district for which he or she is chosen for a period 37 of at least three years immediately preceding the date of his or her 38 election or appointment and who, in the case of the city school district 39 of the city of Buffalo, in the case of a member to be elected at large 40 is not a qualified voter of such city school district and who has not 41 been a resident of such district for a period of at least three years 42 immediately preceding the date of his or her election and in the case of 43 a member elected from a city school subdistrict is not a qualified voter 44 of such city school subdistrict and has not been a resident of the city 45 school district for three years and a resident of the city school 46 subdistrict which he or she represents or seeks to represent for a peri- 47 od of one year immediately preceding the date of his or her election, 48 and who, in the case of the city school district of the city of Roches- 49 ter, is not a qualified voter under section 5-102 of the election law of 50 such city school district; and who, in the case of the city school 51 district of the city of Staten Island has been a qualified voter under 52 section 5-102 of the election law of such city school district for at 53 least ninety days immediately preceding the date of his or her election 54 or appointment; and who in the case of the city school district of the 55 city of Syracuse has not been a qualified voter under section 5-102 of 
 S. 8578 66 1 the election law of such city school district for at least ninety days 2 immediately preceding the date of his or her election or appointment. 3 2. In the city school districts of the cities of Rochester and Syra- 4 cuse the members of such board of education shall be chosen by the 5 voters at large at either a general or municipal election, or at both. 6 In the city school district of the city of Staten Island the members of 7 such board of education shall be chosen pursuant to the provisions of 8 subdivision eleven of this section. In the city school district of the 9 city of Buffalo the members of such board of education shall be chosen 10 pursuant to the provisions of subdivision ten of this section. 11 4. In the city school districts of the following cities, the terms of 12 such members shall be as follows: 13 a. Rochester: Four Years; 14 b. Syracuse: Four Years; 15 c. Yonkers: Five Years; and 16 d. Staten Island: Three Years. 17 5. The terms of one-fifth of all the members of a board of education, 18 or of a fraction as close to one-fifth thereof as possible, shall expire 19 annually on the first Tuesday in May, except in the city school 20 districts of the cities of Buffalo, Rochester, Staten Island and Syra- 21 cuse. 22 6. If a vacancy occurs other than by expiration of term in the office 23 of a member of a board of education in a district in which such members 24 are elected at a general or municipal election, such vacancy shall be 25 filled by appointment by the mayor until the next general or municipal 26 election is held, and such vacancy shall then be filled at such election 27 for the unexpired portion of such term, except that in the city school 28 district of the city of Rochester any such vacancy shall be filled 29 pursuant to the provisions of subdivision nine of this section and 30 except further that any such vacancy on the board of education of the 31 city school district of the city of Buffalo shall be filled pursuant to 32 the provisions of subdivision ten of this section and except that any 33 vacancy on the board of education of the city school district of the 34 city of Staten Island shall be filled pursuant to the provisions of 35 subdivision eleven of this section. 36 § 4-005. Section 2553 of the education law is amended by adding a new 37 subdivision 11 to read as follows: 38 11. a. The members of the board of education of the city school 39 district of the city of Staten Island shall be elected by the qualified 40 voters of such city as provided herein. 41 b. The members of the board of education shall be elected at large 42 throughout the city as provided for in this subdivision. 43 c. (1) Every registered voter residing in the city school district of 44 the city of Staten Island and every parent of a child of school age 45 under the jurisdiction of such school district who is a resident of the 46 city of Staten Island for at least ninety days immediately preceding 47 such election and at least eighteen years of age shall be eligible to 48 vote at such election for members of the board of education. 49 (2) Each candidate for member of the board of education of the city 50 school district of the city of Staten Island shall be required to file 51 petitions containing at least five hundred signatures. No petition shall 52 contain any political party or independent body name or label. Each 53 petition shall contain the name of only one candidate and such petition 54 shall be filed with the clerk of the board of elections of the county of 55 Richmond not earlier than the fifth Tuesday and not later than the 56 fourth Tuesday preceding the date on which an election shall be held. A 
 S. 8578 67 1 certificate of acceptance or declination of any individual so nominated 2 shall be filed not later than the third day after the fourth Tuesday 3 preceding the election. 4 d. No person shall be eligible for the office of member of such board 5 of education who is not a qualified voter under section 5-102 of the 6 election law of such city school district. No person shall hold at the 7 same time the office of member of the board of education and any other 8 elective office nor shall any holder of an elective office be a candi- 9 date for the office of member of such board of education. No employee of 10 the city school district of the city of Staten Island shall be a member 11 of the board of education. 12 e. The term of office of each member of the board of education of the 13 city school district of the city of Staten Island shall be three years. 14 Voting will be by means of cumulative voting. Each voter may cast up to 15 nine votes for the candidate or candidates of his or her choice by cast- 16 ing all of his or her votes for a single candidate, by casting one vote 17 for each of nine candidates, or by allocating any combination of nine 18 whole votes among the candidates. The maximum number of votes each voter 19 may cast shall not exceed nine. Nothing in this paragraph requires that 20 a voter cast more than one vote for any one candidate. The nine candi- 21 dates receiving the greatest number of votes cast shall be elected. 22 f. (1) Such election for such office shall be governed by the 23 provisions of the election law in the same manner as candidates for 24 office generally to be elected by the voters of the city of Staten 25 Island except, as the case may be, as to the date of the election; and, 26 further provided, however, that each such candidate for election as a 27 member of such board of education shall be required to file a petition 28 containing signatures of at least five hundred voters of such city 29 school district. 30 (2) For the election held in May, in the year next succeeding the 31 date on which this subdivision shall have become a law, such petition 32 shall be deemed to be timely filed for such election if filed with the 33 clerk of the board of elections of Richmond county on or before April 34 ninth, in the year next succeeding the date on which this subdivision 35 shall have become a law. A petition sent by mail in an envelope post- 36 marked prior to midnight on April ninth, in the year next succeeding the 37 date on which this subdivision shall have become a law, shall be deemed 38 to be timely filed when received. Written objection to such petition 39 shall be filed within two days after the final date for filing of such 40 petition and specifications of the grounds of the objections shall be 41 filed with the board within one day after the filing of the objection 42 and institution of court proceedings relating thereto shall be commenced 43 not later than May second, in the year next succeeding the date on which 44 this subdivision shall have become a law. 45 g. Petitions for the nomination of members of such school board shall 46 be on white paper containing the required signatures of qualified voters 47 of the city of Staten Island. The sheets of such petition shall be 48 numbered consecutively, beginning with number one, at the foot of each 49 sheet. Such a petition must set forth in every instance the correct 50 date of signing, the full name of the signer and his or her present 51 residence. A signer need not himself or herself fill in the date or 52 residence. 53 h. Each sheet of such a petition shall be signed in ink and shall be 54 substantially in the following form: 55 I, the undersigned, do hereby state that I am a duly qualified voter 56 of the city of Staten Island, that my present place of residence is 
 S. 8578 68 1 truly stated opposite my signature hereto, I intend to support at the 2 ensuing election and I do hereby nominate the following named person as 3 a candidate for nomination (for the public office of member of the board 4 of education of the city school district of the city of Staten Island at 5 large..............day of....................,) (for the city school 6 district.............day of........,) 7 In witness whereof, I have hereunto set my hand the day and year 8 placed opposite my signature. 9 Assembly Election 10 Date Name of Signer Present Residence District District 11 ....... ................ ............. ... ... 12 ....... ................ ............. ... ... 13 ....... ................ ............. ... ... 14 The petition shall be authenticated by witnesses. Such statement 15 shall be accepted for all purposes as the equivalent of an affidavit, 16 and if false shall subject the witness to the same penalties as if 17 he/she had been duly sworn. The form of such statement shall be 18 substantially as follows: 19 STATEMENT OF WITNESS 20 I,...................., (name of witness), state: I am a duly quali- 21 fied voter of the state of New York, and now reside in the city, town or 22 village of..............., in such state, at ................(fill in 23 street and house number and post office) therein. I know each of the 24 voters whose names are subscribed to this petition sheet containing 25 (fill in number).............signatures and each of them subscribed the 26 same in my presence and upon so subscribing declared to me that the 27 foregoing statement, made and subscribed by him/her, was true. 28 ..................... 29 Signature of witness 30 Date....... 31 i. The board of elections shall refuse to accept such petitions 32 signed by an insufficient number of qualified voters, or petitions which 33 are not timely or petitions bearing a political party or independent 34 body, name or emblem or which contain the name of more than one candi- 35 date. 36 j. Except as it may be modified by the provisions of paragraph f of 37 this subdivision, the provisions of the election law with respect to 38 acceptances by candidates nominated by independent nominating petitions 39 shall apply to candidates nominated by petitions for members of such 40 board of education. 41 k. Objections to petitions for the nomination of members of such 42 board of education and procedures and remedies applicable to such 43 objections shall be the same as those applicable to independent nominat- 44 ing petitions under the election law, except as it may be modified by 45 the provisions of paragraph d of this subdivision. 46 l. The board of elections shall cause to be printed official ballots 47 containing the names of all candidates as above provided, except that 48 the board may refuse to have the names of ineligible candidates placed 49 on such ballots. The names of the candidates shall be arranged accord- 50 ing to lot, and shall not bear the designation of any political party or 51 independent body, name or emblem. Blank spaces shall be provided so 52 that voters may vote for candidates who have not been nominated for the 53 offices to be filled at such elections. The form of such ballots shall 
 S. 8578 69 1 conform substantially to the form of ballots used at general elections 2 as prescribed in the election law. 3 m. Voting for the election of members of such board of education 4 shall be by voting machine, if practicable, and shall be governed by the 5 applicable provisions of the election law with respect to voting 6 machines. 7 n. If a candidate, after a petition in his or her behalf shall have 8 been duly filed with the clerk of the board of elections, and prior to 9 the date of the election, shall decline to accept the nomination, die, 10 remove from the school district, accept or be a candidate for another 11 elective office, or become otherwise disqualified for such city school 12 district office, a further petition may be filed with such clerk, nomi- 13 nating another candidate in his or her place and stead. Such further 14 petition shall in all respects comply with the provisions of paragraphs 15 f, g and i of this subdivision, except that it may be filed at any time 16 up to and including the fifteenth day preceding the date of the election 17 pursuant to the provisions of this subdivision and the time within which 18 to accept or object to such further petition shall be computed from the 19 date of filing or said fifteenth day, whichever is earlier. 20 o. Whenever a vacancy shall occur or exist in the office of member of 21 the board of education except by reason of expiration of term or 22 increase in the number of members of such board, the candidate who has 23 received the next highest total number of votes in the preceding school 24 board election as certified by the board of elections shall be selected 25 to fill the vacancy. In the event that no candidate is available, then 26 the mayor of the city of Staten Island shall appoint a person to fill 27 the vacancy for the remainder of the unexpired term. 28 p. The members so elected to the board of education shall convene on 29 the first business day in July of each year at the time of the commence- 30 ment of their term of office and select from their members a president 31 who shall serve for a term of one year or such other term, not exceeding 32 the term of his or her office, as may be fixed by the rules and regu- 33 lations of the board. 34 q. The election of members of the board of education of the city 35 school district of the city of Staten Island shall take place on May 36 second, two thousand twenty-five and on the first Tuesday in May every 37