New York City Council     Members

This bill would require the Conflicts of Interest Board to report on, and initiate rulemakings for, Advisory Opinions that have interpretive value in construing the provisions of the conflicts of interest law, and that meet certain criteria. It also requires the inclusion of certain informative statements in future Advisory Opinions.

  • Enacted

History

Administration
City Charter Rule Adopted
City Council
Sent to Mayor by Council
City Council
Pass
Approved by Council
Committee on Standards and Ethics
Hearing Held by Committee
Committee on Standards and Ethics
Amendment Proposed by Comm
Committee on Standards and Ethics
Amended by Committee
Committee on Standards and Ethics
Pass
Approved by Committee
Committee on Standards and Ethics
Hearing Held by Committee
Committee on Standards and Ethics
Laid Over by Committee
City Council
Referred to Comm by Council
City Council
Introduced by Council

Int. No. 735-A

By Council Members Matteo and Yeger

 

A Local Law to amend the New York city charter, in relation to the advisory opinions of the conflicts of interest board, and to repeal paragraph 4 of subdivision c of section 2603 in relation thereto

 

Be it enacted by the Council as follows:

                     Section 1. Paragraph 4 of subdivision c of section 2603 of the New York city charter is REPEALED and a new paragraph 4 is added to read as follows:

4. All advisory opinions of the board shall include a statement that the opinion applies only to the requesting public servant or public servants, and any citation to a previously issued advisory opinion shall be accompanied by a statement that such previously issued advisory opinion applies only to the public servant or public servants on whose request it was originally rendered. Not later than the first day of May annually, the board shall determine whether any advisory opinion issued in the prior calendar year has interpretive value in construing the provisions of this chapter and either (a) establishes a test, standard or criterion; or (b) the board anticipates will be the subject of future advisory opinion requests from multiple persons. The board shall make that determination public in its annual report that is required pursuant to subdivision i of section 2603 of this chapter, The board shall initiate a rulemaking to adopt any such opinion, or part of an opinion, so determined.

§ 2. Not later than May 1, 2020, the conflicts of interest board shall initiate a rulemaking to adopt, as interpretive of the provisions of this chapter, any advisory opinion of the board issued after the year 1990 and before the enactment date of this local law which the board determines to be consistent with and to have interpretive value in construing the provisions of this chapter and which either (a) establishes a test, standard or criterion; or (b) is anticipated by the board to be the subject of future advisory opinion requests from multiple persons. This section shall not be construed as prohibiting the adoption of any rule after May 1, 2020, the subject of which was addressed in an advisory opinion considered pursuant to this section.

§ 3. This local law takes effect immediately.

 

BJR

LS 4183

9/12/18  6:26PM