US Laws, Codes, Statutes & Cases

 
    §  102.  Expense  budget borough allocations. a. Definition.  The term
  "discretionary increases" as used in this section shall mean  an  amount
  equal to the total amount of general fund expenditures of city funds and
  state  and  federal funds over which the city has substantial discretion
  proposed to be made in the ensuing fiscal year for  all  purposes  other
  than  debt  service minus the sum of the following items as certified by
  the mayor, including related fringe benefits:
    (1)  all such proposed expenditures which are necessary to continue to
  operate current programs and provide current services at the  levels  at
  which  they  were authorized to be operated or provided, pursuant to the
  expense budget for the  current  year  as  adopted  in  accordance  with
  section  two  hundred fifty-four and two hundred fifty-five or at levels
  not exceeding such levels;
    (2) all proposed increases in such expenditures for  current  programs
  or services which are projected to be necessary to accommodate projected
  increases  in  the  caseload    of  current programs or to accommodate a
  portion of such projected increases;
    (3) all proposed increases in such expenditures for  current  programs
  or  services which are projected to be necessary as a result of federal,
  state or local laws or judicial decisions  which  require  increases  in
  benefit levels, service levels, or similar matters;
    (4)  all  proposed  increases in such expenditures for new programs or
  new services required by federal, state or local  law  to  be  initiated
  during the ensuing fiscal year; and
    (5)    all  proposed  expenditures,  in  excess  of  the  expenditures
  specified in paragraph one of this subdivision, which are  necessary  to
  continue to operate current programs and provide current services at the
  levels at which they are currently authorized to be operated or provided
  pursuant  to  the  expense  budget  for  the current year as modified in
  accordance with section one hundred seven, excluding the portion of such
  excess  which  is  attributable  to  budget  modifications  adopted   in
  accordance with such section which were not necessary to (i) continue to
  operate  programs  and  provide services at the level at which they were
  authorized in the expense budget  for  the  current  year  as  initially
  adopted, (ii) accommodate actual but unanticipated caseload increases in
  such  programs,  or (iii) accommodate actual but unanticipated increases
  in spending of the types referred to in paragraphs  three  and  four  of
  this subdivision, and excluding that portion of any expenditure increase
  which  was  financed  by  a  decrease  in  any appropriations originally
  included in the executive expense budget for the current year to pay for
  a discretionary increase.
    b. Borough allocation.   Five percent  of  the  total  amount  of  the
  discretionary  increases  which  the  mayor  includes  in  the executive
  expense budget for the ensuing fiscal year shall be allocated among  the
  boroughs  by  a formula based on  factors related to population and need
  and shall be known as the  expense  budget  borough  allocation.    Such
  formula  shall  be  established by local law, but in any fiscal year for
  which no such local  law  is  effective,  such  expense  budget  borough
  allocation  shall  be  allocated  among the boroughs on the basis of the
  average of (i) each borough's share of the total population of the city,
  (ii) each borough's share of the total population of the city below  one
  hundred  twenty-five  percent  of  the  poverty  level,  and  (iii) each
  borough's share of the total land area of the  city.    Such  a  borough
  allocation  shall  be reduced by any amounts necessary, in excess of the
  amounts available pursuant to section one hundred two-a, to pay for  the
  operating  costs,  as  certified  in  accordance  with the provisions of
  subparagraph a of paragraph one of subdivision c of section two  hundred
  eleven,  of    capital  project  constructed  with funds recommended for

  appropriation by the borough president in accordance with the provisions
  of  section two hundred eleven.
    c.   Preliminary  borough  allocations;    initial  borough  president
  notification.   Concomitantly with the  submission  of  the  preliminary
  expense  budget,  the  mayor  shall inform each borough president of the
  portion of the executive expense budget for the ensuing fiscal year  and
  for  the  three  subsequent  fiscal  years that, pursuant to the formula
  required by subdivision b of this section, would be  allocated  to  each
  borough  if  the  amount  of the discretionary increases for the ensuing
  fiscal year  and for the three subsequent years were  the  same  as  the
  amounts  projected  by the mayor, in accordance with section one hundred
  one, to be available for such purposes in such years.    The  amount  of
  such  portion  shall  be known as the preliminary expense budget borough
  allocation.
    d. Borough president proposals.   Each borough president,  during  the
  consultations  required  by section two hundred forty-four, shall submit
  to the mayor, in such  form  as  the  mayor  shall  prescribe,  proposed
  appropriations  for  the  expense  budget  not  exceeding such borough's
  allocation of the expense budget borough allocation as certified by  the
  mayor  to  the borough presidents during such consultations.  The timing
  of such certification shall allow sufficient time for such consultations
  and for  meeting  the  deadlines  established  by  section  two  hundred
  forty-nine.    The  mayor  shall  include  such  proposed appropriations
  without modification in the executive expense budget in accordance  with
  the  provisions  of  subdivision  two  of  section  one  hundred  three;
  provided, however, that the mayor may also  include  such  comments  and
  recommendations  relating  to  such proposed appropriations as the mayor
  may deem proper.