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§ 259. Independent budget office. a. There shall be an independent
budget office to be headed by a director who shall be appointed upon the
recommendation of the independent budget office advisory board, by a
special committee convened for this purpose. Such committee shall
consist of the comptroller, the public advocate, a borough president
chosen by the borough presidents, and a council member chosen by the
council, and shall act by majority vote. The director shall be appointed
without regard to political affiliation and solely on the basis of
fitness to perform the duties assigned by this chapter. The term of
office of the director first appointed shall expire on August first, two
thousand, and the terms of office of directors subsequently appointed
shall expire on such date in each fourth year thereafter. Any individual
appointed to fill a vacancy prior to the expiration of a term shall
serve only for the unexpired portion of the term. An individual serving
as director at the expiration of a term may continue to serve until a
successor is appointed.
b. The appropriations available to pay for the expenses of the
independent budget office during each fiscal year shall not be less than
ten percentum of the appropriations available to pay for the expenses
of the office of management and budget during such fiscal year. The
director shall appoint such personnel and procure the services of such
experts and consultants, within the appropriations available therefor,
as may be necessary for the director to carry out the duties and
functions assigned herein. Such personnel and experts shall perform
such duties as may be assigned to them by the director.
c. The director shall be authorized to secure such information, data,
estimates and statistics from the agencies of the city as the director
determines to be necessary for the performance of the functions and
duties of the office, and such agencies shall provide such information,
to the extent that it is available, in a timely fashion. The director
shall not be entitled to obtain records which are protected by the
privileges for attorney-client communications, attorney work product,
and material prepared for litigation.
d. There shall be an independent budget office advisory committee
consisting of ten members appointed jointly by the comptroller and the
public advocate for five year staggered terms. Of the members originally
appointed, two shall serve until the thirty-first day of March, nineteen
hundred ninety-nine, two shall serve until the thirty-first day of
March, two thousand, two shall serve until the thirty-first day of
March, two thousand one, two shall serve until the thirty-first day of
March, two thousand two and two shall serve until the thirty-first day
of March, two thousand three. The members shall all be individuals with
extensive experience and knowledge in the fields of finance, economics,
accounting, public administration and public policy analysis, including
at least one former director of the New York city office of management
and budget or of a comparable office in another local governmental
jurisdiction in the United States; one nationally recognized expert in
the fields of budget theory and the budgetary process; one former
director of the New York state division of the budget or of a comparable
legislative or executive office in another state government; one dean or
director or former dean or director of a graduate school of business
administration located in New York city; one dean or director or former
dean or director of a graduate school of public administration or public
affairs or public policy located in New York city; one chair or former
chair of a graduate economics department of a college or university
located in New York city; one officer or former officer of, or economic
advisor of, a labor union; one officer or former officer of, or economic
advisor to, a business corporation; one officer or former officer of a
civic or public interest advocacy organization involved in budgetary
matters; and one officer or former officer of a human services advocacy
organization involved in budget matters. No member may be reappointed
to consecutive terms. Vacancies occurring because of the expiration of
terms shall be filled promptly on the recommendation of the members of
the committee whose terms are not expiring. Vacancies occurring
otherwise shall be filled promptly on the recommendation of the
remaining members of the committee. The members of the committee shall
receive no compensation but shall be reimbursed for their necessary
expenses. The committee shall at its first meeting in every even
numbered year elect, from among its members, a chair and vice-chair who
shall serve until the thirty-first day of March of the next even
numbered year.