Section 1052. Campaign finance board

a.   1. There shall be a campaign
  finance board consisting of five members.   Two  members  of  the  board
  shall  be  appointed  by the mayor, provided that not more than one such
  member shall be enrolled in any one political  party,  and  two  members
  shall be appointed by the speaker of the council, provided that not more
  than  one  such member shall be enrolled in any one political party, and
  one member, who shall be the chairperson,  shall  be  appointed  by  the
  mayor  after  consultation  with the speaker. The members shall first be
  appointed to serve as follows:
    (a) one member appointed by the speaker for a term of one year;
    (b) one member appointed by the mayor for a term of two years;
    (c) one member appointed by the speaker for a term of three years;
    (d) one member appointed by the mayor for a term of four years; and
    (e) the chairperson for a term of five years.
  Each term shall commence on April first, nineteen hundred  eighty-eight.
  Thereafter,  each  member shall be appointed for a term of five years by
  the  mayor  or  the  speaker,  according  to  the  original  manner   of
  appointment.  Upon  expiration  of the term of a member, if the mayor or
  the speaker, as appropriate, shall fail to appoint a member  within  one
  hundred  twenty  days  of  the expiration of such term, the member whose
  term has expired shall be deemed appointed for  an  additional  term  of
  five  years,  provided,  however,  that  if  the expiration of such term
  occurs in a year in which elections, except special  elections,  covered
  by  the  voluntary  system of campaign finance reform are scheduled, the
  member  whose  term  has  expired  shall  be  deemed  appointed  for  an
  additional  term  of  five  years  if  the  mayor  or  the  speaker,  as
  appropriate, shall fail to appoint a member within ninety  days  of  the
  expiration of such term. In case of a vacancy in the office of a member,
  a member shall be appointed to serve the remainder of the unexpired term
  by  the  mayor  or  the  speaker,  according  to  the original manner of
  appointment. If the mayor or the speaker, as appropriate, shall fail  to
  appoint  a member within one hundred eighty days of such vacancy, then a
  member shall be appointed by the board to serve for the remainder of the
  unexpired term, if additional  time  remains  in  such  term,  provided,
  however,  that  if  such vacancy occurs in a year, or within ninety days
  prior to a year, in which elections, except special  elections,  covered
  by the voluntary system of campaign finance reform are scheduled, then a
  member shall be appointed by the board to serve for the remainder of the
  unexpired term, if additional time remains in such term, if the mayor or
  the  speaker,  as  appropriate,  shall  fail  to appoint a member within
  ninety days of such vacancy. Except for  the  chairperson,  such  member
  shall  not  be  enrolled in the same political party as the other member
  appointed by the official who failed to so appoint. Each member shall be
  a resident of the city, registered to vote therein.  Each  member  shall
  agree  not  to  make  contributions  to any candidate for nomination for
  election,  or  election,  to  the  office  of  mayor,  public  advocate,
  comptroller,  borough  president,  or member of the council which in the
  aggregate are in excess of the maximum contribution applicable  to  such
  office  pursuant  to  any  local  law establishing a voluntary system of
  campaign finance reform. No member  shall  serve  as  an  officer  of  a
  political  party, or be a candidate, or participate in any capacity in a
  campaign by a candidate, for nomination for election or election to  the
  office  of  mayor,  public  advocate,  comptroller, borough president or
  member of the city council. Officers and employees of the  city  or  any
  city  agency,  lobbyists  required  to  file a statement of registration
  under section 3-213 of the administrative code and the employees of such
  lobbyists shall  not  be  eligible  to  be  members  of  the  board.  In
  appointing  members  to  the  board,  the  mayor  and  the speaker shall

  consider  campaign  experience  in  general  and  particularly  campaign
  experience  with  the  New York city campaign finance system. Members of
  the board shall be required to undergo training  developed  pursuant  to
  paragraph 14 of this section.
    2.  The  members  of the board shall be compensated at the rate of one
  hundred dollars per calendar day when performing the work of the board.
    3. The board  may  employ  necessary  staff,  including  an  executive
  director  and  a  counsel,  and  make  necessary expenditures subject to
  appropriation.
    4. No member of the campaign  finance  board  shall  be  removed  from
  office except for cause and upon notice and hearing.
    5.  The board shall have the power to investigate all matters relating
  to the performance of its functions and any other matter relating to the
  proper administration of any voluntary system of campaign finance reform
  established by local law and for such purposes shall have the  power  to
  require  the attendance and examine and take the testimony under oath of
  such persons as it shall deem necessary and to require the production of
  books,  accounts,  papers  and   other   evidence   relative   to   such
  investigation.   Notwithstanding   any   other  provision  of  law,  the
  investigative and adjudicatory powers and functions of the staff to  the
  board  shall  be separate and no staff member of the board shall perform
  both investigative and adjudicatory tasks or functions.
    6. The board shall publicize, as it deems appropriate,  the  names  of
  candidates  for  nomination  or  election to the office of mayor, public
  advocate, comptroller, borough president, or city  council  who  violate
  any of the provisions of any voluntary system of campaign finance reform
  established by local law.
    7.  The  board  may render advisory opinions with respect to questions
  arising under any local law establishing a voluntary system of  campaign
  finance  reform.  Such  advisory opinions may be rendered on the written
  request of a candidate, an officer of a political committee or member of
  the public, or may be rendered on its own initiative.  The  board  shall
  make public its advisory opinions. The board shall develop a program for
  informing  candidates and the public as to the purpose and effect of the
  provisions  of  any  voluntary  system  of   campaign   finance   reform
  established by local law.
    8.  The  board  shall  have the authority to promulgate such rules and
  provide such forms as it deems necessary for the administration  of  any
  voluntary  system  of  campaign finance reform established by local law.
  The board shall promulgate regulations  concerning  the  form  in  which
  contributions  and  expenditures  are to be reported, the periods during
  which such reports must be filed  and  the  verification  required.  The
  board   shall  require  the  filing  of  reports  of  contributions  and
  expenditures  for  purposes   of   determining   compliance   with   any
  contribution  or  expenditure  limitations  provided  in  any  local law
  establishing a voluntary system of  campaign  finance  reform,  provided
  that  the schedule established by the board for such filings shall be in
  accordance with the schedule specified by the state board  of  elections
  for the filing of campaign receipt and expenditure statements.
    9. The board shall develop a computer data base that shall contain all
  information  necessary  for  the  proper  administration of this chapter
  including information on contributions to and expenditures by candidates
  and their authorized committees and distributions  of  moneys  from  the
  campaign  finance  funds.  Such  data  base  shall  be accessible to the
  public.
    10. The board may take such other actions as are necessary and  proper
  to  carry  out  the  purposes  of any local law establishing a voluntary
  system of campaign finance reform. If at any time, the board  determines

  that the amount of money in any special fund or funds established by any
  such  local  law,  establishing  a  voluntary system of campaign finance
  reform, to fund a system  of  optional  public  campaign  financing  for
  candidates  abiding by the requirements of such law, is insufficient, or
  is  likely  to  be  insufficient,  for  payment  to  such  participating
  candidates  pursuant  to such law, it shall report this determination to
  the commissioner of finance, along with its estimate of  the  additional
  amount  which will be necessary to provide such participating candidates
  with financing pursuant to such law and  a  detailed  statement  of  the
  assumptions  and methodologies on which such estimate is based. Not more
  than four days after receiving such estimate and  supporting  materials,
  the  commissioner  of  finance  shall  transfer  an amount equal to such
  estimate from the general fund to such special fund or funds. All monies
  transferred to such special  fund  or  funds  shall  not  be  considered
  revenues  of the city and payments from such fund or funds shall be made
  without appropriation and shall not be included in the expense budget of
  the city. The comptroller shall have custody of such fund  or  funds  on
  behalf  of  the  board  and shall have the power to invest the monies of
  such fund or funds in the manner in which  the  city  is  authorized  to
  invest  its  funds  and shall deposit the monies of the fund or funds in
  such deposit banks as have been designated  by  the  banking  commission
  pursuant  to  section  fifteen  hundred twenty-four of this charter. The
  comptroller shall submit monthly reports  to  the  board  regarding  the
  status  of  the  fund  or funds and more frequent reports when the board
  requires. Monies of  the  fund  or  funds  shall  be  paid  out  by  the
  comptroller only on warrant of the board.
    11.  The  board  shall  have  the  authority  to  implement any system
  established for the regulation of inauguration and transition  donations
  and expenditures including the promulgation of rules and regulations and
  the  imposition  of  any penalties related thereto, as required by local
  law.
    12. (a) The board shall require that candidates participating  in  the
  voluntary  system of campaign finance reform or candidates who otherwise
  file disclosure reports with the board shall disclose to the  board  the
  acceptance of campaign contributions from individuals and entities doing
  business  with  the  city.  The  board shall promulgate such rules as it
  deems necessary to implement and administer this provision  and  provide
  that information regarding such contributions shall be accessible to the
  public. The board shall also promulgate such rules as it deems necessary
  to  regulate the acceptance by candidates participating in the voluntary
  system  of  campaign  finance  reform  of  campaign  contributions  from
  individuals  and  entities doing business with the city, including rules
  that determine which business dealings shall be covered by  such  rules.
  Elected  officials, city agencies, boards and commissions, including the
  mayor,  comptroller,  public  advocate,  borough  presidents,  the  city
  council  and  members of the city council shall cooperate with the board
  to provide to the board such  information  about  such  individuals  and
  entities as the board shall require.
    (b)  The  board  shall  promulgate such rules as it deems necessary to
  attribute expenditures that indirectly assist  or  benefit  a  candidate
  participating  in  the  voluntary  system  of campaign finance reform as
  in-kind contributions to such candidate.
    (c) In promulgating rules pursuant to this paragraph, the board  shall
  consider  the following criteria: (1) the effectiveness of the voluntary
  system of campaign finance reform, (2) the costs of such system, (3) the
  maintenance of a reasonable balance between the burdens of  such  system
  and the incentives to candidates to participate in such system.

    (d)  Any rules promulgated pursuant to this paragraph shall apply only
  with respect to nomination for election, or election, to the  office  of
  mayor, public advocate, comptroller, borough president, or member of the
  city council.
    (e)  Proposed  rules  promulgated  pursuant to this paragraph shall be
  published in accordance with  subdivision  b  of  section  one  thousand
  forty-three  of  this  charter  no  later  than  December  thirty-first,
  nineteen hundred ninety-nine. Final rules promulgated pursuant  to  this
  paragraph  shall  be  adopted in accordance with such section as soon as
  practicable thereafter. Final rules adopted in the initial  promulgation
  of  rules  pursuant  to  this paragraph shall supersede any inconsistent
  provisions of  the  administrative  code  that  are  in  effect  on  the
  effective date of such final rules.
    13.  Notwithstanding  any  other  provision  of  law,  the board shall
  prohibit candidates for offices  covered  by  the  voluntary  system  of
  campaign finance reform from accepting, either directly or indirectly, a
  campaign  contribution, loan, guarantee or other security for such loan,
  from any corporation. The board shall promulgate such rules as it  deems
  necessary to implement and administer this provision.
    14  a.  The  council  and  the mayor, in conjunction with the campaign
  finance board, shall develop a curriculum to be used to train members of
  the campaign finance board and staff. Such curriculum shall include  the
  issues  and  problems confronted by campaigns for covered office and how
  the application and enforcement of  the  city's  campaign  finance  laws
  impacts these campaigns.
    b.  The  board  shall  take  such  actions  as  it deems necessary and
  appropriate to improve public awareness of the candidates, proposals  or
  referenda  in  all  elections in which there are contested elections for
  the offices of mayor, public advocate, borough presidents,  comptroller,
  or  city  council  or  ballot  proposals  or  referenda pursuant to this
  charter or the municipal home rule law, including  but  not  necessarily
  limited  to  the  publication  of a non-partisan, impartial voters guide
  providing information on candidates, ballot proposals and referenda, and
  the distribution of one copy of such guide to each  household  in  which
  there  is at least one registered voter eligible to vote in the election
  involved. In any year in which the board publishes a  voters  guide,  if
  the  board  determines  that  the  amount  of  money  in  its  budget is
  insufficient or likely  to  be  insufficient  for  the  publication  and
  distribution  of the voters guide, it shall report such determination to
  the director  of  the  office  of  management  and  budget,  who,  after
  consultation  with  the board, shall, without an appropriation, transfer
  to the board a reasonable amount, as the director  shall  determine,  to
  cover the cost of publishing and distributing the voters guide.
    c.  The  board shall, not later than March tenth of each year, approve
  and submit to the mayor detailed itemized  estimates  of  the  financial
  needs  of  the  campaign finance board for the ensuing fiscal year. Such
  estimates shall be comprised of at least one personal  service  unit  of
  appropriation  and  at  least  one  other  than personal service unit of
  appropriation. The mayor shall include such estimates in  the  executive
  budget  without revision, but with such recommendations as the mayor may
  deem  proper.  Upon  inclusion  in  the  executive  budget,  the  budget
  submitted  by  the  campaign  finance board shall be adopted pursuant to
  such provisions of chapter ten of this charter as are applicable to  the
  operating budget of the council.
    d.  The  board may take such other actions as are necessary and proper
  to carry out any other authority the city  council  shall  give  to  the
  board  in any local law, including the promulgation of any rules and the
  provision of any forms.