US Laws, Codes, Statutes & Cases

 
    §  106.  Expense  budget  administration.    a.    Except as otherwise
  provided by law,  no  unit  of  appropriation  shall  be  available  for
  expenditure  by  any  city agency until schedules   fixing positions and
  salaries  and  setting  forth  other  expenses  within  the   units   of
  appropriation  are  established  pursuant  to  the  adopted  budget, the
  administration of which is subject to the provisions  of  this  chapter,
  the civil service law, and other applicable law.
    b.  The  mayor  shall  establish  and  may  modify for each agency (1)
  quarterly spending allotments for each unit  of  appropriation  and  (2)
  aggregate  position  and  salary  limits for each unit of appropriation,
  which shall be made available for public review  upon  adequate  notice.
  No  agency  shall  expend  any  sum in excess of such quarterly spending
  allotments, or exceed aggregate position and salary limits.   The  mayor
  may  set  aside  specified sums as necessary reserves which shall not be
  included in the quarterly spending  allotments  until  released  by  the
  mayor.    Each  agency  shall  administer  all  monies  appropriated  or
  available for programs and purposes of the  agency  in  accordance  with
  quarterly  allotment  plans  proposed  by  the  agency  and  approved or
  modified by the mayor.   Each such plan shall  set  forth  by  units  of
  appropriation  for  the quarter of the fiscal year during which it is to
  remain in effect:  (1) rates of expenditures for personal  services  and
  other  than  personal  services;  (2)  ceilings  on  the total number of
  uniformed, civilian and pedagogical employees; and (3) the total  amount
  of funds to be spent or committed by the agency during such quarter.
    c.    The  mayor shall keep informed, during the course of each fiscal
  year, of the progress of expenditures and the receipt of  revenues,  and
  it  shall  be  the duty of all agencies, when requested by the mayor, to
  supply all information needed for this purpose.
    d.  The mayor may assume direct responsibility for the  administration
  of  the  schedule  required  to  be filed by the agency head pursuant to
  subsection a of this section when in the  mayor's  judgment  the  fiscal
  condition  of  the  city  so requires or when an agency (1) is expending
  funds in excess of the quarterly spending allotments or (2) is otherwise
  not complying with spending allotments or aggregate position and  salary
  limits   or  (3)  is  not  maintaining  adequate  accounts  pursuant  to
  requirements of this charter.
    e. Whenever the mayor determines, pursuant to the provisions  of  this
  charter  or  other  relevant  statutes,  that  the  full  amount  of any
  appropriation should not be available for expenditure during the  fiscal
  year,  the  mayor shall notify the council of such determination and the
  implications and consequences of those impoundments for  service  levels
  and programmatic goals affected. The mayor shall respond in writing to a
  request by the council for an explanation of why an appropriation should
  not be expended.
    f.  1.  Within  thirty  days  of the adoption of the executive expense
  budget, the head of each agency responsible  for  one  or  more  of  the
  services  listed  in  paragraph four of this subdivision shall submit to
  each borough president, a plan for the allocation within the borough  of
  the  personnel  and  resources appropriated for each such service in the
  borough.
    2. Within thirty days of receiving such a plan, the borough  president
  may  propose  a  reallocation  of the personnel and resources within the
  borough. Such proposed reallocations shall be implemented by the agency,
  unless the head of the  agency  objects,  in  writing,  to  the  borough
  president.  If such an objection is submitted, the borough president may
  submit a revised reallocation proposal to the agency head which shall be
  implemented by the agency head provided that no  such  modification  may

  increase  or  decrease  the  personnel  or  resources  allocated  to any
  community district for such service by more than five percent.
    3.  If,  during  the  course  of  the fiscal year, however, a material
  reallocation of personnel or resources within a borough  is  anticipated
  by  an  agency  head  to  be necessary for any of the services listed in
  subdivision four,  the  agency  head  shall  consult  with  the  borough
  president prior to the implementation of any such reallocation.
    4.  The  services  covered  by  this  subdivision  shall  include  the
  following services and  any  additional  services  identified  for  this
  purpose  by  the mayor: local parks services, street cleaning and refuse
  collection, housing code enforcement, highway and street maintenance and
  repair, sewer maintenance and repair,  and  the  maintenance  of  public
  buildings by the department of citywide administrative services.