2006 New York Code - Office To Combat Domestic Violence.



 
    §  19.  Office  to  combat  domestic violence. a. The city of New York
  recognizes  that  domestic  violence  is  a  public  health  issue  that
  threatens  hundreds  of  thousands  of  households  each  year  and that
  respects  no  boundaries  of  race,  ethnicity,  age,   gender,   sexual
  orientation  or economic status. The city of New York further recognizes
  that  the  problems  posed  by  domestic  violence   fall   within   the
  jurisdiction  and  programs  of  various  City  agencies  and  that  the
  development of  an  integrated  approach  to  the  problem  of  domestic
  violence,  which  coordinates existing services and systems, is critical
  to the success of the city of New York's efforts in this area.
    b. There shall be, in the executive office of the mayor, an office  to
  combat  domestic violence. The office shall be headed by a director, who
  shall be appointed by the mayor.
    c. The director of the office to combat domestic violence  shall  have
  the power and duty to:
    1. coordinate domestic violence services;
    2. formulate policies and programs relating to all aspects of services
  and protocols for victims of domestic violence;
    3. develop methods to improve the coordination of systems and services
  for domestic violence;
    4.  develop  and  maintain  mechanisms to improve the response of city
  agencies to domestic violence situations and improve coordination  among
  such agencies; and
    5.  implement  public  education  campaigns  to  heighten awareness of
  domestic violence and its effects on  society  and  perform  such  other
  functions as may be appropriate regarding the problems posed by domestic
  violence.
    d. 1. For purposes of this subdivision, the following terms shall have
  the following meanings:
    (i)  "Agency"  shall  mean  a  city, county, borough, or other office,
  position,  administration,  department,  division,  bureau,   board   or
  commission,  or  a corporation, institution or agency of government, the
  expenses of which are paid in whole or in part from the city treasury.
    (ii) "Domestic violence fatality" shall mean a death of  a  family  or
  household member, resulting from an act or acts of violence committed by
  another family or household member, not including acts of self-defense.
    (iii)   "Family   or   household  member"  shall  mean  the  following
  individuals:
    (a) persons related by consanguinity or affinity;
    (b) persons legally married to one another;
    (c) persons formerly married to one another regardless of whether they
  still reside in the same household;
    (d) persons who have a child in  common  regardless  of  whether  such
  persons have been married or have lived together at any time;
    (e)  persons  not  legally married, but currently living together in a
  family-type relationship; and
    (f) persons not legally married, but who have formerly lived  together
  in a family-type relationship.
    Such term, as described in (e) and (f) of this subparagraph, therefore
  includes  "common  law" marriages, same sex couples, registered domestic
  partners,  different  generations  of  the  same  family,  siblings  and
  in-laws.
    (iv)  "Perpetrator"  shall  mean  a  family  or  household  member who
  committed an act or acts of violence resulting in  a  domestic  violence
  fatality.
    (v)  "Victim"  shall  mean  a  family  or household member whose death
  constitutes a domestic violence fatality.

2. There shall be a domestic violence fatality review committee to examine aggregate information relating to domestic violence fatalities in the city of New York. Such committee shall develop recommendations for the consideration of the director of the office to combat domestic violence regarding the coordination and improvement of services for victims of domestic violence provided by agencies and private organizations that provide such services pursuant to a contract with an agency. The committee shall be convened by the director of the office to combat domestic violence, or his or her designee, and shall consist of the director of the office to combat domestic violence, or his or her designee, the commissioner of the police department, or his or her designee, the commissioner of the department of health and mental hygiene, or his or her designee, the commissioner of the department of social services/human resources administration, or his or her designee, the commissioner of the department of homeless services, or his or her designee and the commissioner of the administration for children's services, or his or her designee. The committee shall also consist of two representatives of programs that provide social or legal services to victims of domestic violence and two individuals with personal experience with domestic violence. The director of the office to combat domestic violence, or his or her designee, shall serve as chairperson of the committee. At the discretion of the director of the office to combat domestic violence, the committee may also include a representative of any of the offices of the district attorney of any of the five boroughs and/or a representative of the New York city housing authority. Each member of the committee other than any member serving in an ex officio capacity shall be appointed by the mayor. (i) The service of each member other than a member serving in an ex officio capacity shall be for a term of two years to commence ninety days after the effective date of the local law that added this subdivision. Any vacancy occurring other than by expiration of term shall be filled by the mayor in the same manner as the original position was filled. A person filling such a vacancy shall serve for the unexpired portion of the term of the member succeeded. New terms shall begin on the next day after the expiration date of the preceding term. (ii) Members of the committee shall serve without compensation. (iii) No person shall be ineligible for membership on the committee because such person holds any other public office, employment or trust, nor shall any person be made ineligible to or forfeit such person's right to any public office, employment or trust by reason of such appointment. (iv) The committee shall meet at least four times a year. 3. The committee's work shall include, but not be limited to, reviewing statistical data relating to domestic violence fatalities; analyzing aggregate information relating to domestic violence fatalities, including, non-identifying data with respect to victims and perpetrators involved in domestic violence fatalities, such as gender, age, race and familial or other relationship involved, and, if available, religion, ethnicity and employment status; examining any factors indicating a high-risk of involvement in domestic violence fatalities; and developing recommendations for the director of the mayor's office to combat domestic violence regarding the coordination and improvement of services for victims of domestic violence provided by agencies and private organizations that provide such services pursuant to a contract with an agency. 4. The committee may request and receive information from any agency as may be necessary to carry out the provisions of this subdivision, in accordance with applicable laws, rules and regulations, including, but
not limited to, the exceptions to disclosure of agency records contained in the public officers law. Nothing in this subdivision shall be construed as limiting any right or obligation of agencies pursuant to the public officers law, including the exceptions to disclosure of agency records contained in such law, with respect to access to or disclosure of records or portions thereof. The committee may also request from any private organization providing services to domestic violence victims pursuant to a contract with an agency information necessary to carry out the provisions of this subdivision. To the extent provided by law, the committee shall protect the privacy of all individuals involved in any domestic violence fatality that the committee may receive information on in carrying out the provisions of this subdivision. 5. The committee shall submit to the mayor and to the speaker of the city council, on an annual basis, a report including, but not limited to, the number of domestic violence fatality cases which occurred in the city of New York during the previous year; the number of domestic violence fatality cases reviewed by the committee during the previous year, if any; any non-identifying data with respect to victims and perpetrators involved in domestic violence fatalities, such as gender, age, race and familial or other relationship involved, and, if available, religion, ethnicity and employment status; any factors indicating a high risk of involvement in domestic violence fatalities; and recommendations regarding the coordination and improvement of services for victims of domestic violence provided by agencies and private organizations that provide such services pursuant to a contract with an agency.

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