US Laws, Codes, Statutes & Cases

 
    §  1052.  Campaign  finance  board.  a.  1.  There shall be a campaign
  finance board consisting of five members. Two members of the board shall
  be appointed by the mayor, provided that not more than one  such  member
  shall  be  enrolled in any one political party, and two members shall be
  appointed by the speaker of the council, provided that not more than one
  such member shall be enrolled  in  any  one  political  party,  and  one
  member,  who  shall  be the chairperson, shall be appointed by the mayor
  after  consultation  with  the  speaker.  The  members  shall  first  be
  appointed to serve as follows:
    (a) one member appointed by the speaker for a term of one year;
    (b) one member appointed by the mayor for a term of two years;
    (c) one member appointed by the speaker for a term of three years;
    (d) one member appointed by the mayor for a term of four years; and
    (e) the chairperson for a term of five years.
    Each   term   shall   commence   on   April  first,  nineteen  hundred
  eighty-eight.  Thereafter, each member shall be appointed for a term  of
  five years by the mayor or the speaker, according to the original manner
  of appointment. Upon expiration of the term of a member, if the mayor or
  the  speaker,  as appropriate, shall fail to appoint a member within one
  hundred twenty days of the expiration of such  term,  the  member  whose
  term  has  expired  shall  be deemed appointed for an additional term of
  five years, provided, however, that  if  the  expiration  of  such  term
  occurs  in  a year in which elections, except special elections, covered
  by the voluntary system of campaign finance reform  are  scheduled,  the
  member  whose  term  has  expired  shall  be  deemed  appointed  for  an
  additional  term  of  five  years  if  the  mayor  or  the  speaker,  as
  appropriate,  shall  fail  to appoint a member within ninety days of the
  expiration of such term. In case of a vacancy in the office of a member,
  a member shall be appointed to serve for the remainder of the  unexpired
  term  by  the  mayor or the speaker, according to the original manner of
  appointment. If the mayor or the speaker, as appropriate, shall fail  to
  appoint  a member within one hundred eighty days of such vacancy, then a
  member shall be appointed by the board to serve for the remainder of the
  unexpired term, if additional  time  remains  in  such  term,  provided,
  however,  that  if  such vacancy occurs in a year, or within ninety days
  prior to a year, in which elections, except special  elections,  covered
  by the voluntary system of campaign finance reform are scheduled, then a
  member shall be appointed by the board to serve for the remainder of the
  unexpired term, if additional time remains in such term, if the mayor or
  the  speaker,  as  appropriate,  shall  fail  to appoint a member within
  ninety days of such vacancy. Except for  the  chairperson,  such  member
  shall  not  be  enrolled in the same political party as the other member
  appointed by the official who failed to so appoint. Each member shall be
  a resident of the city, registered to vote therein.  Each  member  shall
  agree  not  to  make  contributions  to any candidate for nomination for
  election,  or  election,  to  the  office  of  mayor,  public  advocate,
  comptroller,  borough  president,  or member of the council which in the
  aggregate are in excess of the maximum contribution applicable  to  such
  office  pursuant  to  any  local  law establishing a voluntary system of
  campaign finance reform. No member  shall  serve  as  an  officer  of  a
  political  party, or be a candidate, or participate in any capacity in a
  campaign by a candidate, for nomination for election or election to  the
  office  of  mayor,  public  advocate,  comptroller, borough president or
  member of the city council. Officers and employees of the  city  or  any
  city  agency,  lobbyists  required  to  file a statement of registration
  under section 3-213 of the administrative code and the employees of such
  lobbyists shall not be eligible to be members of the board.

    2. The members of the board shall be compensated at the  rate  of  one
  hundred dollars per calendar day when performing the work of the board.
    3.  The  board  may  employ  necessary  staff,  including an executive
  director and a counsel,  and  make  necessary  expenditures  subject  to
  appropriation.
    4.  No  member  of  the  campaign  finance board shall be removed from
  office except for cause and upon notice and hearing.
    5. The board shall have the power to investigate all matters  relating
  to the performance of its functions and any other matter relating to the
  proper administration of any voluntary system of campaign finance reform
  established  by  local law and for such purposes shall have the power to
  require the attendance and examine and take the testimony under oath  of
  such persons as it shall deem necessary and to require the production of
  books,   accounts,   papers   and   other   evidence  relative  to  such
  investigation.
    6. The board shall publicize, as it deems appropriate,  the  names  of
  candidates  for  nomination  or  election to the office of mayor, public
  advocate, comptroller, borough president, or city  council  who  violate
  any of the provisions of any voluntary system of campaign finance reform
  established by local law.
    7.  The  board  may render advisory opinions with respect to questions
  arising under any local law establishing a voluntary system of  campaign
  finance  reform.  Such  advisory opinions may be rendered on the written
  request of a candidate, an officer of a political committee or member of
  the public, or may be rendered on its own initiative.  The  board  shall
  make public its advisory opinions. The board shall develop a program for
  informing  candidates and the public as to the purpose and effect of the
  provisions  of  any  voluntary  system  of   campaign   finance   reform
  established by local law.
    8.  The  board  shall  have the authority to promulgate such rules and
  provide such forms as it deems necessary for the administration  of  any
  voluntary  system  of  campaign finance reform established by local law.
  The board shall promulgate regulations  concerning  the  form  in  which
  contributions  and  expenditures  are to be reported, the periods during
  which such reports must be filed  and  the  verification  required.  The
  board   shall  require  the  filing  of  reports  of  contributions  and
  expenditures  for  purposes   of   determining   compliance   with   any
  contribution  or  expenditure  limitations  provided  in  any  local law
  establishing a voluntary system of  campaign  finance  reform,  provided
  that  the schedule established by the board for such filings shall be in
  accordance with the schedule specified by the state board  of  elections
  for the filing of campaign receipt and expenditure statements.
    9. The board shall develop a computer data base that shall contain all
  information  necessary  for  the  proper  administration of this chapter
  including information on contributions to and expenditures by candidates
  and their authorized committees and distributions  of  moneys  from  the
  campaign  finance  funds.  Such  data  base  shall  be accessible to the
  public.
    10. The board may take such other actions as are necessary and  proper
  to  carry  out  the  purposes  of any local law establishing a voluntary
  system of campaign finance reform. If at any time, the board  determines
  that the amount of money in any special fund or funds established by any
  such  local  law,  establishing  a  voluntary system of campaign finance
  reform, to fund a system  of  optional  public  campaign  financing  for
  candidates  abiding by the requirements of such law, is insufficient, or
  is  likely  to  be  insufficient,  for  payment  to  such  participating
  candidates  pursuant  to such law, it shall report this determination to
  the commissioner of finance, along with its estimate of  the  additional

  amount  which will be necessary to provide such participating candidates
  with financing pursuant to such law and  a  detailed  statement  of  the
  assumptions  and methodologies on which such estimate is based. Not more
  than  four  days after receiving such estimate and supporting materials,
  the commissioner of finance shall  transfer  an  amount  equal  to  such
  estimate from the general fund to such special fund or funds. All monies
  transferred  to  such  special  fund  or  funds  shall not be considered
  revenues of the city and payments from such fund or funds shall be  made
  without appropriation and shall not be included in the expense budget of
  the  city.  The  comptroller shall have custody of such fund or funds on
  behalf of the board and shall have the power to  invest  the  monies  of
  such  fund  or  funds  in  the manner in which the city is authorized to
  invest its funds and shall deposit the monies of the fund  or  funds  in
  such  deposit  banks  as  have been designated by the banking commission
  pursuant to section fifteen hundred twenty-four  of  this  charter.  The
  comptroller  shall  submit  monthly  reports  to the board regarding the
  status of the fund or funds and more frequent  reports  when  the  board
  requires.  Monies  of  the  fund  or  funds  shall  be  paid  out by the
  comptroller only on warrant of the board.
    11. The board  shall  have  the  authority  to  implement  any  system
  established  for the regulation of inauguration and transition donations
  and expenditures including the promulgation of rules and regulations and
  the imposition of any penalties related thereto, as  required  by  local
  law.
    12.  (a)  The board shall require that candidates participating in the
  voluntary system of campaign finance reform or candidates who  otherwise
  file  disclosure  reports with the board shall disclose to the board the
  acceptance of campaign contributions from individuals and entities doing
  business with the city. The board shall  promulgate  such  rules  as  it
  deems  necessary  to implement and administer this provision and provide
  that information regarding such contributions shall be accessible to the
  public. The board shall also promulgate such rules as it deems necessary
  to regulate the acceptance by candidates participating in the  voluntary
  system  of  campaign  finance  reform  of  campaign  contributions  from
  individuals and entities doing business with the city,  including  rules
  that  determine  which business dealings shall be covered by such rules.
  Elected officials, city agencies, boards and commissions, including  the
  mayor,  comptroller,  public  advocate,  borough  presidents,  the  city
  council and members of the city council shall cooperate with  the  board
  to  provide  to  the  board  such information about such individuals and
  entities as the board shall require.
    (b) The board shall promulgate such rules as  it  deems  necessary  to
  attribute  expenditures  that  indirectly  assist or benefit a candidate
  participating in the voluntary system  of  campaign  finance  reform  as
  in-kind contributions to such candidate.
    (c)  In promulgating rules pursuant to this paragraph, the board shall
  consider the following criteria: (1) the effectiveness of the  voluntary
  system of campaign finance reform, (2) the costs of such system, (3) the
  maintenance  of  a reasonable balance between the burdens of such system
  and the incentives to candidates to participate in such system.
    (d) Any rules promulgated pursuant to this paragraph shall apply  only
  with  respect  to nomination for election, or election, to the office of
  mayor, public advocate, comptroller, borough president, or member of the
  city council.
    (e) Proposed rules promulgated pursuant to  this  paragraph  shall  be
  published  in  accordance  with  subdivision  b  of section one thousand
  forty-three  of  this  charter  no  later  than  December  thirty-first,
  nineteen  hundred  ninety-nine. Final rules promulgated pursuant to this

  paragraph shall be adopted in accordance with such section  as  soon  as
  practicable  thereafter. Final rules adopted in the initial promulgation
  of rules pursuant to this paragraph  shall  supersede  any  inconsistent
  provisions  of  the  administrative  code  that  are  in  effect  on the
  effective date of such final rules.
    13. Notwithstanding any  other  provision  of  law,  the  board  shall
  prohibit  candidates  for  offices  covered  by  the voluntary system of
  campaign finance reform from accepting, either directly or indirectly, a
  campaign contribution, loan, guarantee or other security for such  loan,
  from  any corporation. The board shall promulgate such rules as it deems
  necessary to implement and administer this provision.
    b. The board shall  take  such  actions  as  it  deems  necessary  and
  appropriate  to improve public awareness of the candidates, proposals or
  referenda in all elections in which there are  contested  elections  for
  the  offices of mayor, public advocate, borough presidents, comptroller,
  or city council or  ballot  proposals  or  referenda  pursuant  to  this
  charter  or  the  municipal home rule law, including but not necessarily
  limited to the publication of a  non-partisan,  impartial  voters  guide
  providing information on candidates, ballot proposals and referenda, and
  the  distribution  of  one copy of such guide to each household in which
  there is at least one registered voter eligible to vote in the  election
  involved.  In  any  year in which the board publishes a voters guide, if
  the board  determines  that  the  amount  of  money  in  its  budget  is
  insufficient  or  likely  to  be  insufficient  for  the publication and
  distribution of the voters guide, it shall report such determination  to
  the  director  of  the  office  of  management  and  budget,  who, after
  consultation with the board, shall, without an  appropriation,  transfer
  to  the  board  a reasonable amount, as the director shall determine, to
  cover the cost of publishing and distributing the voters guide.
    c. The board shall, not later than March tenth of each  year,  approve
  and  submit  to  the  mayor detailed itemized estimates of the financial
  needs of the campaign finance board for the ensuing  fiscal  year.  Such
  estimates  shall  be  comprised of at least one personal service unit of
  appropriation and at least one  other  than  personal  service  unit  of
  appropriation.  The  mayor shall include such estimates in the executive
  budget without revision, but with such recommendations as the mayor  may
  deem  proper.  Upon  inclusion  in  the  executive  budget,  the  budget
  submitted by the campaign finance board shall  be  adopted  pursuant  to
  such  provisions of chapter ten of this charter as are applicable to the
  operating budget of the council.
    d. The board may take such other actions as are necessary  and  proper
  to  carry  out  any  other  authority the city council shall give to the
  board in any local law, including the promulgation of any rules and  the
  provision of any forms.