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NEW YORK CITY CHARTER

NEW york city . CHARTER . As Amended Through July 2004. city of New york Printed with Permission of the State of New york Legislative Bill Drafting Commission Published July 2004. 311. 10038. $ city OF NEW york . city CHARTER . CONTENTS. (As amended by local laws 1-72. and chapters 1, 4-698. of 2003). Chapter Sections (1-2). 1 Mayor ..(3-19). 2 Council ..(21-49). 2-A Districting (50-52). 4 Borough (81-86). 5 Comptroller ..(91-97). 6 Expense Budget ..(100-111). 7 Tax Appeals ..(153-172). 8 city Planning ..(191-204). 9 Capital Projects and Budget ..(210-224). 10 Budget (225-258). 11 Independent Budget (259-260). 12 Obligations of the city ..(265-299). 13 Procurement ..(310-335). 14 Franchises, Revocable Consents and Concessions ..(362-378). 15 Property of the city ..(381-384). 16 Heads of Mayoral Agencies ..(385-390). 17 Law Department ..(391-398). 18 Police Department.

54 Collective Bargaining .....(1170-1177) 55 Department of Design and Construction .....(1200-1205) 56 Department of Small Business Services.....(1300-1306) ... contained in the most recent final strategic policy statement submitted by that mayor pursuant to section seventeen. § 6. Heads of departments; appoint; remove. a. The mayor shall

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Transcription of NEW YORK CITY CHARTER

1 NEW york city . CHARTER . As Amended Through July 2004. city of New york Printed with Permission of the State of New york Legislative Bill Drafting Commission Published July 2004. 311. 10038. $ city OF NEW york . city CHARTER . CONTENTS. (As amended by local laws 1-72. and chapters 1, 4-698. of 2003). Chapter Sections (1-2). 1 Mayor ..(3-19). 2 Council ..(21-49). 2-A Districting (50-52). 4 Borough (81-86). 5 Comptroller ..(91-97). 6 Expense Budget ..(100-111). 7 Tax Appeals ..(153-172). 8 city Planning ..(191-204). 9 Capital Projects and Budget ..(210-224). 10 Budget (225-258). 11 Independent Budget (259-260). 12 Obligations of the city ..(265-299). 13 Procurement ..(310-335). 14 Franchises, Revocable Consents and Concessions ..(362-378). 15 Property of the city ..(381-384). 16 Heads of Mayoral Agencies ..(385-390). 17 Law Department ..(391-398). 18 Police Department.

2 (431-438). 18-A Civilian Complaint Review Board ..(440). 18-B Independent Police Investigation and Audit Board ..(450-458). 18-C Public Safety ..(459-460). 18-D Sale, Purchase and Possession of Weapons ..(461-466). 19 Fire Department ..(481-494). 19-A Emergency Management Department ..(495-498). 20 Education ..(520-527). 21 Department of Parks and Recreation ..(531-533). 21-A New york city Sports Commission ..(541). 22 Department of Health and Mental Hygiene ..(550-569). 24 Department of Social Services ..(601-604). 24-A Department of Homeless Services ..(610-614). 24-B Administration for Children's Services ..(615-617). 25 Department of Correction ..(621-627). 26 Department of Buildings ..(641-649). 27 Board of Standards and Appeals ..(659-669). 28 Department of Juvenile (675-678). 30 Department of Youth and Community (731-736). 31 Department of Sanitation.

3 (751-755). 34 Department of Investigation ..(801-807). 35 Department of Citywide Administrative Services ..(810-829). 36 Equal Employment Practices (830-832). 37 Art Commission ..(851-858). 38 Financial Information Services (860-862). 39 Office of Payroll (870-872). 40 New york city Human Rights Commission ..(900-906)). 45 city Administrative Procedure Act ..(1041-1047). 45-A Office of Administrative Trials and Hearings ..(1048-1049). 46 Elections and Voter Assistance ..(1051-1057-a). 47 Public Access to Meetings and (1058-1068). 48 Department of Information Technology and (1070-1074). 49 Officers and Employees ..( ). 50 Term Limits ..(1137-1138). 51 Transitory Provisions ..(1140-1147). 52 General Provisions ..(1150-1154). 54 collective bargaining ..(1170-1177). 55 Department of Design and Construction ..(1200-1205). 56 Department of Small Business (1300-1306).

4 57 Department of Environmental (1401-1404). 58 Department of Finance ..(1501-1527). 61 Department of Housing Preservation and Development ..(1800-1804). 63 Business Integrity Commission ..(2100-2102). 64 Department of Consumer Affairs ..(2201-2204). 65 New york city Taxi and Limousine Commission ..(2300-2304). 66 Department for the Aging ..(2400-2403). 67 Department of Cultural Affairs ..(2501-2505). 68 Conflicts of Interest ..(2600-2606). 69 Community Districts and Coterminality of Services ..(2700-2708). 70 city Government in the Community ..(2800-2801). 71 Department of Transportation ..(2901-2906). 72 Department of Records and Information Services ..(3000-3011). 73 Department of Employment ..(3012-3013). 74 Landmarks Preservation (3020-3021). city OF NEW york . city CHARTER . INTRODUCTORY. 1. The city . The city of New york as now existing shall continue with the boundaries and with the powers, rights and property, and subject to the obligations and liabilities which exist at the time when this CHARTER shall take effect.

5 2. The boroughs. The boroughs of the city are continued as existing at the time of the adoption of this CHARTER . CHAPTER 1. MAYOR. 3. Office powers. The mayor shall be the chief executive officer of the city . 4. Election term; salary. The mayor shall be elected at the general election in the year nineteen hundred sixty-five and every four years thereafter. The mayor shall hold office for a term of four years commencing on the first day of January following such election. A mayor who resigns or is removed from office prior to the completion of a full term shall be deemed to have held that office for a full term for purposes of section 1138 of the CHARTER . The salary of the mayor shall be one hundred and ninety-five thousand dollars a year. 5. Annual statement to council. The mayor shall communicate to the council at least once in each year a statement of the finances, government and affairs of the city with a summary statement of the activities of the agencies of the city .

6 Such statement shall include a summary of the city 's progress in implementing the goals and strategies contained in the most recent final strategic policy statement submitted by that mayor pursuant to section seventeen. 6. Heads of departments; appoint; remove. a. The mayor shall appoint the heads of administrations, departments, all commissioners and all other officers not elected by the people, except as otherwise provided by law. b. The mayor, whenever in his judgment the public interest shall so require, may remove from office any public officer holding office by appointment from a mayor of the city , except officers for whose removal other provision is made by law. No public officer shall hold his office for any specific term, except as otherwise provided by law. 7. Deputy mayors. The mayor shall appoint one or more deputy mayors with such duties and responsibilities as the mayor determines.

7 8. General powers. The mayor, subject to this CHARTER , shall exercise all the powers vested in the city , except as otherwise provided by law. a. The mayor shall be responsible for the effectiveness and integrity of city government operations and shall establish and maintain such policies and procedures as are necessary and appropriate to accomplish this responsibility including the implementation of effective systems of internal control by each agency and unit under the jurisdiction of the mayor. b. The mayor shall be a magistrate. c. Notwithstanding any other provision of law, the mayor shall have the powers of a finance board under the local finance law and may exercise such powers without regard to any provision of law prescribing the voting strength required for a resolution or action of such finance board, provided, however, that whenever the mayor determines that obligations should be issued and the amount thereof, he shall certify such determination to the comptroller who shall thereupon determine the nature and term of such obligations and shall arrange for the issuance thereof.

8 D. The mayor shall establish a minimum per diem compensation for inspectors of election and clerks employed to assist the inspectors of election in polling places under the direction of the board of elections as follows: on registration and primary election days twenty dollars; on Election day thirty-five dollars, except that the chairman of each election board shall receive an additional three dollars compensation per day. The minimum per diem rate for compensation for election inspectors attending classes of instruction shall be five dollars. e. The mayor shall establish a professional internal audit function in the executive office of the mayor which is sufficient to provide the mayor with such information and assurances as the mayor, as the chief executive of the city , requires to ensure the proper administration of the city 's affairs and the efficient conduct of its business.

9 F. Except as otherwise provided in section eleven, the mayor may, by executive order, at any time, create or abolish bureaus, divisions or positions within the executive office of the mayor as he or she may deem necessary to fulfill mayoral duties. The mayor may from time to time by executive order, delegate to or withdraw from any member of said office, specified functions, powers and duties, except the mayor's power to act on local laws or resolutions of the council, to act as a magistrate or to appoint or remove officials. Every such order shall be filed with the city clerk who shall forward them forthwith to the city Record for publication. g. The city has the power to determine the duties of its employees, and it is essential to the workings of city government that the city retain control over information obtained by city employees in the course of their duties.

10 In the exercise of this power, the mayor may promulgate rules requiring that information obtained by city employees be kept confidential to the extent necessary to preserve the trust of individuals who have business with city agencies. To the extent set forth in such rules, each agency shall, to the fullest extent permitted by the laws of the United States and the state of New york , maintain the confidentiality of information in its possession relating to the immigration status or other private information that was provided by an individual to a city employee in the course of such employee's duties. 9. Removal of mayor. The mayor may be removed from office by the governor upon charges and after service upon him of a copy of the charges and an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the governor may suspend the mayor for a period not exceeding thirty days.


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