Int. No. 346
By Council Members Rosenthal, Brannan, Salamanca, Ayala, Reynoso, Lander and Cornegy
A Local Law to amend the New York city charter, in relation to establishing auditing requirements for minority and women-owned business enterprise procurement
Be it enacted by the Council as follows:
Section 1. Subdivision c of section 93 of chapter 5 of the New York city charter is amended to read as follows:
c. The comptroller shall have power to audit all agencies, as defined in subdivision two of section eleven hundred fifty, and all agencies, the majority of whose members are appointed by city officials. The comptroller shall be entitled to obtain access to agency records required by law to be kept confidential, other than records which are protected by the privileges for attorney-client communications, attorney work products, or material prepared for litigation, upon a representation by the comptroller that necessary and appropriate steps will be taken to protect the confidentiality of such records. The comptroller shall establish a regular auditing cycle to ensure that one or more of the programs or activities of each city agency, or one or more aspects of each agency’s operations, is audited at least once every four years, except that the comptroller shall audit each relevant agency’s minority and women-owned business enterprise utilization plan and related activities at least once every year. The audits conducted by the comptroller shall comply with generally accepted government auditing standards. In accordance with such standards, and before any draft or final audit or audit report, or portion thereof, may be made public, the comptroller shall send a copy of the draft audit or audit report to the head of the audited agency and provide the agency, in writing, with a reasonable deadline for its review and response. The comptroller shall include copies of any such agency response in any draft or final audit or audit report, or portion thereof, which is made public. The comptroller shall send copies of all final audits and audit reports to the council, the mayor, and the audit committee.
The comptroller may appoint a qualified person to oversee minority and women-owned business enterprise audits conducted pursuant to this subdivision.
§ 2. This local law shall take effect immediately.
ASB/JJ
LS # 6650/Int. 1022-2015
LS #16 12/01/2017 9:46AM