US Laws, Codes, Statutes & Cases

 
    §  2800.  Community  boards.  a.  For  each community district created
  pursuant to chapter sixty-nine there shall be a  community  board  which
  shall  consist  of  (1)  not  more  than  fifty persons appointed by the
  borough president for staggered terms of two years, at least one-half of
  whom shall be appointed from nominees of  the  council  members  elected
  from council districts which include any part of the community district,
  and  (2)  all  such council members as non-voting members. The number of
  members appointed on the nomination of each such council member shall be
  proportional to the share of the district population represented by such
  council  member.  The  city  planning  commission,  after  each  council
  redistricting  pursuant  to  chapter  two-A,  and  after  each community
  redistricting  pursuant  to  section  twenty-seven  hundred  two,  shall
  determine   the   proportion  of  the  community  district's  population
  represented by each council member. Copies of such determinations  shall
  be  filed  with  the appropriate borough president, community board, and
  council member. One-half of the members appointed to any community board
  shall serve for a term of two years beginning on the first day of  April
  in  each odd-numbered year in which they take office and one half of the
  members appointed to any community board shall serve for a term  of  two
  years  beginning on the first day of April in each even-numbered year in
  which they take office. Members shall serve until their  successors  are
  appointed  but  no  member  may serve for more than sixty days after the
  expiration of his or her original term unless reappointed by the borough
  president. Not more than twenty-five percent of  the  appointed  members
  shall  be city employees. No person shall be appointed to or remain as a
  member  of  the  board  who  does  not  have  a   residence,   business,
  professional  or other significant interest in the district. The borough
  president  shall  assure  adequate  representation  from  the  different
  geographic  sections and neighborhoods within the community district. In
  making such appointments, the borough president shall  consider  whether
  the  aggregate  of  appointments  fairly  represents all segments of the
  community. Community boards, civic groups and other community groups and
  neighborhood  associations  may  submit  nominations  to   the   borough
  president and to council members.
    b.  An  appointed  member  may  be  removed from a community board for
  cause,  which  shall  include  substantial  nonattendance  at  board  or
  committee meetings over a period of six months, by the borough president
  or  by  a  majority  vote  of  the  community board. Vacancies among the
  appointed members shall be filled promptly upon the  occurrence  of  the
  vacancy by the borough president for the remainder of the unexpired term
  in the same manner as regular appointments.
    c.   Members   of   community  boards  shall  serve  as  such  without
  compensation  but  shall  be  reimbursed  for   actual   and   necessary
  out-of-pocket  expenses  in  connection  with  attendance  at  regularly
  scheduled meetings of the community board.
    d. Each community board shall:
    (1) Consider the needs of the district which it serves;
    (2) Cooperate with, consult, assist and  advise  any  public  officer,
  agency,  local  administrators  of  agencies,  legislative  body, or the
  borough president with respect to any matter relating to the welfare  of
  the district and its residents;
    (3)   At   its   discretion   hold   public  or  private  hearings  or
  investigations with respect to any matter relating to the welfare of the
  district and its residents, but the board shall take action  only  at  a
  meeting open to the public;
    (4)  Assist  city  departments  and agencies in communicating with and
  transmitting information to the people of the district;

    (5) Cooperate with the boards  of  other  districts  with  respect  to
  matters of common concern;
    (6)  Render an annual report to the mayor, the council and the borough
  board within three months of the end of each year and such other reports
  to the mayor or the borough board as they shall require (such reports or
  summaries thereof to be published in the City Record);
    (7) Elect its own officers; adopt, and make available  for  reasonable
  public  inspection, by-laws and statements of the duties assigned by the
  board to its district manager and  other  professional  staff  appointed
  pursuant  to  subdivision f of this section; and keep a public record of
  its activities and transactions,  including  minutes  of  its  meetings,
  majority  and  minority reports, and all documents the board is required
  by law to review, which shall be made available, in accordance with law,
  to elected officials upon request and for reasonable public inspection;
    (8) Request the attendance of agency representatives  at  meetings  of
  the community board;
    (9)  Prepare  comprehensive  and special purpose plans for the growth,
  improvement and development of the community district;
    (10) Prepare and submit to the mayor, on or before a date  established
  by the mayor, an annual statement of community district needs, including
  a  brief  description  of  the  district,  the board's assessment of its
  current and probable future needs, and its recommendations for programs,
  projects, or activities to meet those needs;
    (11) Consult with agencies on  the  capital  needs  of  the  district,
  review  departmental  estimates,  hold public hearings on such needs and
  estimates and prepare and submit to the mayor capital budget  priorities
  for the next fiscal year and the three succeeding fiscal years;
    (12) Conduct public hearings and submit recommendations and priorities
  to  the  mayor,  the  council  and  the  city planning commission on the
  allocation and use within the district of funds earmarked for  community
  development activities under city, state or federal programs;
    (13)  Consult  with  agencies  on  the  program needs of the community
  district to be funded  from  the  expense  budget,  review  departmental
  estimates, hold public hearings on such needs and estimates, and prepare
  and  submit  to  the mayor expense budget priorities for the next fiscal
  year;
    (14) Assist in the planning of individual capital projects  funded  in
  the  capital  budget  to be located in the community district and review
  scopes of projects  and  designs  for  each  capital  project  provided,
  however,  that  such  review shall be completed within thirty days after
  receipt of such scopes or designs;
    (15) Evaluate the progress of capital projects  within  the  community
  district based on status reports to be furnished to the board;
    (16)  Be  authorized  to assign a representative to attend any meeting
  held by a city agency to determine, in advance of drafting, the form and
  content of any environmental impact statement  required  by  law  for  a
  proposal or application for a project in such board's district;
    (17)  Exercise  the  initial  review  of applications and proposals of
  public agencies  and  private  entities  for  the  use,  development  or
  improvement  of  land  located  in the community district, including the
  conduct of a public hearing and the preparation and  submission  to  the
  city planning commission of a written recommendation;
    (18)  Assist  agencies  in  the  preparation  of service statements of
  agency objectives, priorities, programs and projected activities  within
  the community district and review such statements;
    (19)  Evaluate  the  quality  and  quantity  of  services  provided by
  agencies within the community district;

    (20) Within budgetary appropriations for  such  purposes,  disseminate
  information  about  city  services  and  programs,  process  complaints,
  requests, and inquiries of residents of the community district; and
    (21)  Conduct  substantial  public outreach, including identifying the
  organizations active in the community district, maintaining  a  list  of
  the  names  and  mailing  addresses of such community organizations, and
  making such names and, with the consent  of  the  organization,  mailing
  addresses available to the public upon request.
    e.  Each  agency  shall  furnish  promptly  to each community board on
  request any information or assistance necessary for  the  board's  work.
  Each  agency shall also report periodically to each board on its service
  activities programs and operations within the community district.
    f. Each community board, within the budgetary appropriations therefor,
  shall appoint a district manager and shall be authorized to utilize  the
  services  of  such  other  professional staff and consultants, including
  planners and other experts, as it may  deem  appropriate,  all  of  whom
  shall serve at the pleasure of the community board and shall provide the
  board  with  the  staff  support and technical assistance it requires to
  fulfill the duties assigned to it by this  charter  or  other  law.  The
  district  manager  shall  (1) have responsibility for processing service
  complaints, (2) preside at meetings of the district service cabinet  and
  (3)  perform such other duties as are assigned by the community board in
  accordance with the statement of duties required by paragraph  seven  of
  subdivision d of this section. One of the board members shall be elected
  by  the other members to serve as chairperson. The chairperson shall use
  no title other than chair or chairperson of the community board and  the
  other  members  shall  use  no  title other than member of the community
  board or community board member, except that any member who  is  elected
  or  appointed  to  an  official position on the board, including but not
  limited to,  vice-chairperson,  secretary,  treasurer,  or  chair  of  a
  committee  or  subcommittee  of  the  board shall be allowed to use such
  title when acting in such  capacity.  The  department  of  investigation
  shall  investigate  any allegations concerning the misuse of a community
  board title and shall report its findings to the mayor, the council  and
  the  borough  president in whose borough the community board is located.
  The knowing and intentional use of an improper title by any member of  a
  community  board shall be punishable by a civil penalty of not less than
  one hundred dollars nor more than two  hundred  and  fifty  dollars  for
  every  infraction thereof. The chairperson of the community board or his
  or her representative shall be a member of the district service cabinet.
  A member of a community board shall be eligible for appointment  to  the
  position  of  district  manager  provided  that  such  member  does  not
  participate in any manner in the selection of the  district  manager  by
  the board and resigns as a member of any board prior to or upon assuming
  the duties of district manager.
    g.  Each  community  board  may employ such other assistants as it may
  require within  budgeted  appropriations  for  such  purposes  or  funds
  contributed  for  such  purpose.  Any  funds appropriated by the city to
  enable the community boards to conduct their duties and responsibilities
  pursuant to this chapter shall  be  allocated  directly  to  each  board
  subject  to  the  terms and conditions of such appropriations. The basic
  budget appropriation for the personal service and  other  than  personal
  service  needs  of  each  community board shall not include rent. Within
  reasonable limits appropriate to each board's location,  rent  shall  be
  separately appropriated for the board.
    h.  Except  during the months of July and August, each community board
  shall meet at least once each month within the  community  district  and
  conduct  at  least  one  public  hearing each month. Notwithstanding the

  foregoing, a community board shall be required to meet for  purposes  of
  reviewing  the  scope or design of a capital project located within such
  community board's district when such scope or design is presented to the
  community board. Such review shall be completed within thirty days after
  receipt  of  such scope or design. Each board shall give adequate public
  notice of its meetings and hearings and shall  make  such  meetings  and
  hearings  available  for  broadcasting  and cablecasting. At each public
  meeting, the board shall set aside time to hear  from  the  public.  The
  borough  president  shall  provide  each  board  with a meeting place if
  requested by the board.
    i. Each community board may create committees on matters  relating  to
  its  duties  and  responsibilities.  It  may  include on such committees
  persons with a residence or significant interest in  the  community  who
  are  not  members  of  the  board,  but each such committee shall have a
  member of the board as its chairperson. Except as otherwise provided  by
  law, meetings of such committees shall be open to the public.