New York Budget Modification.
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§ 107. Budget modification. a. Subject to the quarterly spending
allotments and aggregate position and salary limits established
pursuant to section one hundred six, and to other applicable provisions
of this charter, of the civil service law and of other law, changes in
schedules, within units of appropriation, may be made by the head of
each agency. Any such changes shall be reported to the mayor and the
comptroller before the effective date thereof, and shall be made
available for public inspection under reasonable terms and conditions.
b. The mayor during any fiscal year may transfer part or all of any
unit of appropriation to another unit of appropriation, except that when
any such transfer (1) shall be from one agency to another or (2) shall
result in any unit of appropriation having been increased or decreased
by more than five per cent or fifty thousand dollars, whichever is
greater, from the budget as adopted for such unit of appropriation, the
mayor shall notify the council of the proposed action. Within thirty
days after the first stated meeting of the council following the receipt
of such notice, the council may disapprove the proposed action;
provided, however, that the mayor may recommend such a transfer if it is
related to an appropriation included in the budget pursuant to section
one hundred two only with the concurrence of the relevant borough
president; and a borough president may make such a recommendation with
regard to such an appropriation if it is concurred in by the mayor and
does not include a reduction in an appropriation other than one included
in the budget pursuant to section one hundred two on the recommendation
of such borough president. Written notice of any transfer pursuant to
this subdivision shall be given to the comptroller and shall be
published in the City Record as soon as possible after such transfer.
c. The provisions of this section shall not be deemed to authorize
any transfer from appropriations required by law.
d. The council may during any fiscal year transfer part or all of any
unit of appropriation within the council appropriation to any other
council unit of appropriation for any of its programs or projects or for
any other purpose, solely by adoption of a council resolution. Each
such transfer shall be published in the City Record and written notice
thereof shall be given to the mayor and to the comptroller not less than
ten days before the effective date thereof.
e. The procedures and required approvals pursuant to sections two
hundred fifty-four, two hundred fifty-five, and two hundred fifty-six,
without regard to the dates specified therein, shall be followed in the
case of: (1) any proposed amendment to the budget respecting the
creation of new units of appropriation; or (2) the appropriation of new
revenues from any source except for revenues from federal, state or
private sources in regard to the use of which the city has no
discretion; provided, however, that the mayor shall give notice to the
council of the receipt and proposed utilization of any such revenues; or
(3) the proposed use by the city of previously unappropriated funds
received from any source. Any request by the mayor respecting an
amendment to the budget that involves an increase in the budget shall be
accompanied by a statement of the source of current revenues or other
identifiable and currently available funds required for the payment of
such additional amounts.