Section 3-212. Powers and duties of the city clerk  


Latest version.
  • (a) In addition to any
      other powers and duties specified by law, the city clerk shall have  the
      power  and  duty  to  administer  and enforce all the provisions of this
      subchapter, subpoena witnesses and records, issue advisory  opinions  to
      those  under  its  jurisdiction,  conduct  any  investigation and audits
      necessary to carry  out  the  provisions  of  this  subchapter,  prepare
      uniform forms for the statements and reports required by this subchapter
      and  promulgate  such  rules as he or she deems necessary for the proper
      administration of this subchapter.
        (b) In addition to any audits required to enforce  the  provisions  of
      this  subchapter,  the  city  clerk  shall  conduct random audits of the
      statements and reports required to be filed  by  lobbyists  and  clients
      pursuant  to this subchapter. The city clerk shall select statements and
      reports for random audit in a manner pursuant to which the  identity  of
      any  particular  lobbyist  or  client  whose  statements  or reports are
      selected for audit is unknown to the  city  clerk.  In  conducting  such
      random  audits,  the  city  clerk  shall  require the production of such
      witnesses and records as may have been relevant to  the  preparation  of
      the statements or reports audited.
        (c)  The  city  clerk shall prepare and post on the internet an annual
      report relating to the administration and enforcement of the  provisions
      of  this subchapter. Such report shall contain information regarding (i)
      the number of complaints received from the public and the disposition of
      such complaints; (ii) the number and amount of civil  penalties  imposed
      pursuant  to subdivisions (a), (b), (c) and (d) of section 3-223 of this
      subchapter; (iii) the number and duration of orders issued  pursuant  to
      subdivision  (a) of section 3-223 of this subchapter; (iv) the number of
      random  audits  conducted  by  the  clerk  and  outcomes  thereof;   (v)
      compliance programs developed and implemented for lobbyists and clients;
      and  (vi)  such  other  information and analysis as the city clerk deems
      appropriate. Such report shall be posted on the internet no  later  than
      March  first  of each year and shall contain information relating to the
      preceding calendar year.
        (d) The city clerk shall, as soon as practicable after the issuance of
      an order pursuant to subdivision (a) of section 3-223 of this subchapter
      or imposition of a civil penalty pursuant to subdivision (a),  (b),  (c)
      or  (d)  of  section  3-223  of  this  subchapter,  post on the internet
      information  identifying  the  lobbyist  or  client  who  committed  the
      violation  that  resulted in the issuance of such order or imposition of
      such penalty, the provision of law violated, the duration of such  order
      or the amount of such penalty.
        (e)  Twenty-four months after the effective date of the section of the
      local law that added this subdivision, the mayor and  the  city  council
      shall jointly appoint a commission to review and evaluate the activities
      and performance of the city clerk in implementing the provisions of this
      subchapter.  Within  six months of such appointment the commission shall
      report to the mayor and city council on its review and evaluation  which
      report  shall include any administrative and legislative recommendations
      on strengthening the administration and enforcement of this  subchapter,
      as  well  as  whether  the commission would recommend raising the dollar
      threshold for the filing of a statement of registration. The  commission
      shall  be  comprised  of five members and the mayor and the city council
      shall jointly designate a chair from among the members.