File #: Int 0735-2018    Version: Name: Advisory opinions of the conflicts of interest board.
Type: Introduction Status: Enacted
Committee: Committee on Standards and Ethics
On agenda: 3/22/2018
Enactment date: 10/27/2018 Law number: 2018/177
Title: 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
Sponsors: Steven Matteo, Kalman Yeger
Council Member Sponsors: 2
Summary: 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.
Indexes: Agency Rule-making Required, Report Required
Attachments: 1. Summary of Int. No. 735-A, 2. Summary of Int. No. 735, 3. Int. No. 735, 4. March 22, 2018 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 03-22-2018, 6. Minutes of the Stated Meeting - March 22, 2018, 7. Committee Report 5/2/18, 8. Hearing Testimony 5/2/18, 9. Hearing Transcript 5/2/18, 10. Proposed Int. No. 735-A - 9/21/18, 11. Committee Report 9/26/18, 12. Hearing Testimony 9/26/18, 13. Hearing Transcript 9/26/18, 14. September 26, 2018 - Stated Meeting Agenda with Links to Files, 15. Hearing Transcript - Stated Meeting 9-26-18, 16. Minutes of the Stated Meeting - September 26, 2018, 17. Int. No. 735-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor, 20. Local Law 177
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
10/31/2018ASteven Matteo City Council Returned Unsigned by Mayor  Action details Meeting details Not available
10/27/2018ASteven Matteo Administration City Charter Rule Adopted  Action details Meeting details Not available
9/26/2018ASteven Matteo City Council Sent to Mayor by Council  Action details Meeting details Not available
9/26/2018ASteven Matteo City Council Approved by CouncilPass Action details Meeting details Not available
9/26/2018*Steven Matteo Committee on Standards and Ethics Hearing Held by Committee  Action details Meeting details Not available
9/26/2018*Steven Matteo Committee on Standards and Ethics Amendment Proposed by Comm  Action details Meeting details Not available
9/26/2018*Steven Matteo Committee on Standards and Ethics Amended by Committee  Action details Meeting details Not available
9/26/2018ASteven Matteo Committee on Standards and Ethics Approved by CommitteePass Action details Meeting details Not available
5/2/2018*Steven Matteo Committee on Standards and Ethics Hearing Held by Committee  Action details Meeting details Not available
5/2/2018*Steven Matteo Committee on Standards and Ethics Laid Over by Committee  Action details Meeting details Not available
3/22/2018*Steven Matteo City Council Referred to Comm by Council  Action details Meeting details Not available
3/22/2018*Steven Matteo City Council Introduced by Council  Action details Meeting details Not available

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