US Laws, Codes, Statutes & Cases

 
    §  24.  Election;  term;  vacancies.  a.  The public advocate shall be
  elected by the electors of the city at the same time and  for  the  same
  term  as in this charter prescribed for the mayor. A public advocate who
  resigns or is removed from office prior to the completion of a full term
  shall be deemed to have held that office for a full term for purposes of
  Section 1138 of the charter.
    b. The public advocate may be removed or suspended in the same  manner
  as provided in this charter with respect to the mayor.
    c.  Any  vacancy  in  the office of public advocate shall be filled by
  popular election in the following manner:
    1. Within three days of the occurrence of a vacancy in the  office  of
  the  public advocate, the mayor shall proclaim the date for the election
  or elections required  by  this  subdivision,  provide  notice  of  such
  proclamation  to  the  city clerk and the board of elections and publish
  notice thereof in the City Record. After the proclamation  of  the  date
  for  an  election to be held pursuant to paragraphs four or five of this
  subdivision, the city clerk shall publish notice thereof not  less  than
  twice  in  each  week  preceding the date of such election in newspapers
  distributed within the city, and  the  board  of  elections  shall  mail
  notice of such election to all registered voters within the city.
    2.  If  a  vacancy  occurs during the first three years of the term, a
  general election to fill the vacancy for the remainder of the  unexpired
  term  shall  be held in the year in which the vacancy occurs, unless the
  vacancy occurs after the last day on which an occurring vacancy  may  be
  filled  at the general election in that same year with party nominations
  of candidates for such election being made at  a  primary  election,  as
  provided  in section 6-116 of the election law. If such a vacancy occurs
  in any year after such last day, it shall be filled for the remainder of
  the unexpired term  at  the  general  election  in  the  following  year
  provided,  however,  that no general election to fill a vacancy shall be
  held in the last year of the term, except as provided in paragraph  nine
  of  this  subdivision.  Party  nominations  of  candidates for a general
  election to fill a vacancy for the remainder of the unexpired term shall
  be made at a primary election, except as provided in paragraph  five  of
  this subdivision.
    3.  If a special or general election to fill the vacancy on an interim
  basis has not been previously held pursuant  to  paragraphs  four,  six,
  seven  and  eight  of  this  subdivision, the person elected to fill the
  vacancy for the remainder of the unexpired term at  a  general  election
  shall  take  office immediately upon qualification and shall serve until
  the term expires. If a special or general election to fill  the  vacancy
  on an interim basis has been previously held, the person elected to fill
  the  vacancy  for  the  remainder  of  the  unexpired  term at a general
  election shall take office on January first of the year  following  such
  general election and shall serve until the term expires.
    4. If a vacancy occurs during the first three years of the term and on
  or  before  the  last  day  in  the  third  year of the term on which an
  occurring vacancy may be filled for the remainder of the unexpired  term
  at  a  general  election  with  party nominations of candidates for such
  election being made at a primary election, as provided in section  6-116
  of  the  election law, a special or general election to fill the vacancy
  on an interim basis shall be held, unless the vacancy occurs  less  than
  ninety  days before the next primary election at which party nominations
  for a general election to fill the vacancy may be made and on or  before
  the  last  day  on  which  an  occurring  vacancy  may be filled for the
  remainder of the unexpired term at the general election in the same year
  in which the vacancy occurs with party  nominations  of  candidates  for

  such  election  being made at a primary election, as provided in section
  6-116 of the election law.
    5.  If  a  vacancy  occurs after the last day in the third year of the
  term on which an occurring vacancy may be filled for  the  remainder  of
  the  unexpired  term  at  a  general  election  in  such year with party
  nominations of candidates for such election  being  made  at  a  primary
  election, as provided in section 6-116 of the election law, but not less
  than  ninety  days before the date of the primary election in the fourth
  year of such term, a special or general election to  fill  such  vacancy
  for the remainder of the unexpired term shall be held.
    6.  Elections  held  pursuant  to  paragraph  four  or  five  of  this
  subdivision shall be  scheduled  in  the  following  manner:  A  special
  election to fill the vacancy shall be held on the first Tuesday at least
  forty-five  days  after the occurrence of the vacancy, provided that the
  mayor,  in  the  proclamation  required  by  paragraph   one   of   this
  subdivision, may schedule such election for another day no more than ten
  days  after  such  Tuesday  and  not  less  than  forty  days after such
  proclamation if the mayor determines that such rescheduling is necessary
  to facilitate maximum voter participation; except that
    (a) if the vacancy occurs before September twentieth in any  year  and
  the  first  Tuesday at least forty-five days after the occurrence of the
  vacancy is less than ninety days before a  regularly  scheduled  general
  election  or between a primary and a general election, the vacancy shall
  be filled at such general election;
    (b) if the vacancy occurs before September twentieth in any  year  and
  the  first  Tuesday at least forty-five days after the occurrence of the
  vacancy is after a regularly scheduled  general  election,  the  vacancy
  shall be filled at such general election; and
    (c)  if the vacancy occurs on or after September twentieth in any year
  and the first Tuesday at least forty-five days after the  occurrence  of
  the  vacancy  is  after,  but  less  than thirty days after, a regularly
  scheduled general election, the vacancy shall be  filled  at  a  special
  election to be held on the first Tuesday in December in such year.
    7.  All  nominations  for elections to fill vacancies held pursuant to
  paragraphs four and five of this subdivision  shall  be  by  independent
  nominating  petition.  A signature on an independent nominating petition
  made earlier than the date of the proclamation required by paragraph one
  of this subdivision shall not be counted.
    8. A person elected to fill a vacancy in the office of public advocate
  at an election held pursuant to paragraph four of this subdivision shall
  take office immediately upon  qualification  and  serve  until  December
  thirty-first  of  the  year  in  which  the  vacancy  is  filled for the
  remainder of the unexpired  term  pursuant  to  paragraph  two  of  this
  subdivision.  A person elected to fill a vacancy in the office of public
  advocate at  an  election  held  pursuant  to  paragraph  five  of  this
  subdivision  shall  take office immediately upon qualification and serve
  until the term expires.
    9. If a vacancy occurs less than ninety days before the  date  of  the
  primary election in the last year of the term, the person elected at the
  general  election  in  such year for the next succeeding term shall take
  office immediately upon qualification  and  fill  the  vacancy  for  the
  remainder of the unexpired term.
    d.  The  public  advocate  may,  by  written  authority filed with the
  appropriate board, body or committee and with the city clerk,  designate
  any  two  officers  or  employees  appointed  by  the public advocate to
  exercise the powers specified in this subdivision. Either  such  officer
  or  employee, so designated, may act in the place of the public advocate
  on any board, body or committee, other than the council,  of  which  the

  public advocate is a member whenever the public advocate shall be absent
  from a meeting of said board, body or committee for any reason whatever.
    e.  The  public  advocate  shall  have the right to participate in the
  discussion of the council but shall not have a vote.
    f. In addition  to  other  duties  and  responsibilities,  the  public
  advocate  shall  serve  as the public advocate and shall (1) monitor the
  operation of the public information and service  complaint  programs  of
  city  agencies  and  make proposals to improve such programs; (2) review
  complaints of a recurring and multiborough or city-wide nature  relating
  to  services  and  programs,  and  make  proposals to improve the city's
  response  to  such  complaints;  (3)   receive   individual   complaints
  concerning  city  services  and  other  administrative  actions  of city
  agencies; and (4) investigate and  otherwise  attempt  to  resolve  such
  individual  complaints except for those which (i) another city agency is
  required by law to adjudicate, (ii) may be resolved through a  grievance
  mechanism established by collective bargaining agreement or contract, or
  (iii) involve allegations of conduct which may constitute a violation of
  criminal  law or a conflict of interest. If the public advocate receives
  a complaint which is subject to a procedure described in  items  (i)  or
  (ii) of this paragraph, the public advocate shall advise the complainant
  of  the  appropriate  procedure for the resolution of such complaint. If
  the public advocate receives a complaint of the type described  in  item
  (iii)  of  this  paragraph, the public advocate shall promptly refer the
  matter in accordance with subdivision k of this section.
    g. The public advocate shall establish procedures  for  receiving  and
  processing    complaints,   responding   to   complainants,   conducting
  investigations, and reporting findings,  and  shall  inform  the  public
  about  such  procedures.  Upon an initial determination that a complaint
  may be valid, the public advocate shall  refer  it  to  the  appropriate
  agency.  If  such  agency  does  not  resolve  the  complaint  within  a
  reasonable time, the public advocate may conduct  an  investigation  and
  make  specific  recommendations  to  the  agency  for  resolution of the
  complaint. If, within a reasonable time after the  public  advocate  has
  completed  an  investigation and submitted recommendations to an agency,
  such agency has failed to  respond  in  a  satisfactory  manner  to  the
  recommendations,  the  public advocate may issue a report to the council
  and the mayor.  Such  report  shall  describe  the  conclusions  of  the
  investigation   and   make   such  recommendations  for  administrative,
  legislative,  or  budgetary   action,   together   with   their   fiscal
  implications,  as  the  public  advocate  deems necessary to resolve the
  individual complaint or complaints or to address the underlying problems
  discovered in the investigation.
    h. In addition  to  other  duties  and  responsibilities,  the  public
  advocate  may  review  the programs of city agencies. Such reviews shall
  include,  but  not  be  limited  to,  annual  evaluations  of:  (1)  the
  implementation  of  the requirements for coterminality of local services
  contained in all subdivisions of section twenty seven hundred four;  (2)
  the  effectiveness  of  the  public  information  and  service complaint
  programs of city agencies; and (3) the responsiveness of  city  agencies
  to  individual  and group requests for data or information regarding the
  agencies' structure, activities  and  operations.  The  public  advocate
  shall  submit any reports documenting or summarizing such reviews to the
  council, mayor and appropriate agency and shall include in such  reports
  his  or  her  recommendations for addressing the problems identified and
  the fiscal implications of such recommendations.
    i. Except for those matters which involve conduct which may constitute
  a violation of criminal law  or  a  conflict  of  interest,  the  public
  advocate  may,  on the request of a resident, taxpayer, community board,

  council member or borough president,  or  on  his  or  her  own  motion,
  inquire  into  any alleged failure of a city officer or agency to comply
  with any provision of the charter. If as a result of such  inquiry,  the
  public  advocate  concludes  that  there  is  any substantial failure to
  comply with any provision of the charter,  he  or  she  shall  submit  a
  preliminary  report  documenting  the  conclusions of the inquiry to the
  officer or officers and the head  of  each  agency  involved.  Within  a
  reasonable  time  after  submitting  such preliminary report, the public
  advocate shall issue a final report to the council,  mayor,  and  agency
  documenting the conclusions of the inquiry.
    j.  The  public advocate shall have timely access to those records and
  documents of city agencies which the public advocate deems necessary  to
  complete  the  investigations,  inquiries  and  reviews required by this
  section. If a city agency does not comply  with  the  public  advocate's
  request  for such records and documents, the public advocate may request
  an appropriate committee of the council to  require  the  production  of
  such  records  and  documents  pursuant  to  section  twenty-nine of the
  charter. The provisions of this subdivision shall  not  apply  to  those
  records  and  documents  of city agencies for which a claim of privilege
  may properly be raised or  which  are  prepared  or  maintained  by  the
  department  of  investigation for use in any investigation authorized by
  chapter thirty-four of the charter.
    k. If the public advocate receives a complaint alleging conduct  which
  may constitute a violation of criminal law or a conflict of interest, he
  or  she shall promptly refer the complaint regarding criminal conduct to
  the department of investigation or, as applicable,  to  the  appropriate
  prosecuting attorney or other law enforcement agency and shall refer the
  complaint  regarding  conflict  of interest to the conflicts of interest
  board. If during the conduct of any investigation,  inquiry,  or  review
  authorized  by  this  section,  the  public  advocate discovers that the
  matter involves conduct which may constitute a violation of criminal law
  or a conflict of interest, he or she shall take no  further  action  but
  shall  promptly  refer  the  matter  regarding  criminal  conduct to the
  department of  investigation  or,  as  applicable,  to  the  appropriate
  prosecuting  attorney or other law enforcement agency and shall promptly
  refer the matter regarding conflict of  interest  to  the  conflicts  of
  interest  board.  Unless  otherwise  provided  by  law,  all  complaints
  received and any investigative file prepared or maintained by the public
  advocate  regarding  matters  covered  by  this  subdivision,  shall  be
  confidential.
    l. Before making public any portion of any draft, preliminary or final
  report  relating  to  the  operations or activities of a city officer or
  agency, the public advocate shall send a copy of the draft report to any
  such officer, and to the head of any agency, discussed  in  such  report
  and  provide  the  officer  and  agency,  in  writing, with a reasonable
  deadline for their  review  and  response.  The  public  advocate  shall
  include  in  any report, or portion thereof, which is made public a copy
  of all such officer and agency responses.
    m. The public advocate may hold  public  hearings  in  the  course  of
  fulfilling  the  requirements  of  this section provided that a complete
  transcript of any such hearings  shall  be  made  available  for  public
  inspection  free  of  charge  within  sixty  days after the hearing. The
  public advocate shall also provide a copy of any requested pages of such
  transcript at a reasonable  fee  to  cover  copying  and,  if  relevant,
  mailing costs.
    n.  Not  later  than the thirty-first day of October of each year, the
  public advocate shall present to the council a report on the  activities
  of  the  office  during  the  preceding  fiscal  year.  The report shall

  include: (1) a statistical summary of  the  complaints  received  during
  such  fiscal  year,  categorized  by  agency,  type of complaint, agency
  response, mode of resolution, and  such  other  factors  as  the  public
  advocate  deems appropriate; (2) an analysis of recurring complaints and
  the public advocate's recommendations for  administrative,  legislative,
  or  budgetary  actions  to  resolve  the underlying problems causing the
  complaints; (3) a summary of the findings  and  recommendations  of  the
  agency program reviews conducted during the fiscal year and a summary of
  the agency responses to such findings and recommendations; (4) a summary
  of the charter requirements which, in the opinion of the public advocate
  are  not  being implemented by the city agencies and officers subject to
  them, including a description of the nature and extent of the failure to
  comply and a summary of the responses of the agencies or officers to the
  public advocate's conclusions; and (5)  a  summary  of  improvements  in
  charter  compliance  since the public advocate's last annual report. The
  public advocate shall include an assessment of the  fiscal  implications
  of any recommendations presented in this report.