Chapter 52: General Provisions

Section 1150.

Section 1150. Definitions.

For the purposes of this charter:

   1. The term “city” shall mean the city of New York, and unless the context otherwise requires, shall include the several boroughs.

   2. The term “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.

   3. The term “law” or “laws” shall include the constitution, this charter, any statute, the administrative code, any local law, and any ordinance, rule or regulation having the force of law.

   4. The term “statute” shall mean an act of the legislature.

   5. The term “maintenance” shall include minor repairs, and in case of doubt the mayor or an officer designated by him shall decide whether a repair is a minor repair.

   6. The term “intercepting sewer” shall mean a sewer the principal purpose of which is the interception from other sewers and conveyance of sewage to treatment plants. In case of doubt the council shall decide whether a sewer is an intercepting sewer.

   7. a. The term “wharf property” shall mean wharves, piers, docks and bulkheads and structures thereon and slips and basins, the land beneath any of the foregoing, and all rights, privileges and easements appurtenant thereto and land under water in the port of New York, and such upland or made land adjacent thereto as was vested in the department of docks on January first, nineteen hundred thirty-eight or thereafter was or may be assigned to it or its successor agencies.

      b. “Water front property” shall mean all property fronting on all the tidal waters in the port and city of New York and extending inshore to the property line of the first adverse owner and shall include such land under water extending outshore to the pierhead line or the property line, whichever extends furthest outshore.

      c. “Water front commerce” shall mean the activity on water front property which encompasses the receipt of cargo or goods at the wharves, piers, docks or bulkheads from ships and their delivery to points inland or the receipt of such cargo or goods at such wharves, piers, docks or bulkheads from points inland for shipment by ships and shall include the temporary storage of such cargo or goods in the sheds or warehouses on such property pending their delivery or shipment.

      d. “Furtherance of navigation” shall mean the activity on water front property which involves ship building, ship repairing, boating, dry dock facilities and similar uses.

   8. The term “the port of New York” shall include all the waters of the North river, the East river and the Harlem river and all the tidal waters embraced within or adjacent to or opposite to the shores of the city.

   9. The terms “three-fourths vote” and “two-thirds vote” when they apply to the council shall mean respectively three-fourths and two-thirds of all the members of the council are entitled to cast.

   10. The term “administrative code” shall mean the administrative code of the city.

   11. The term “budget” shall mean the expense budget unless the context otherwise requires.

   12. Except as in this charter otherwise provided, the term “real property” shall include real estate, lands, tenements and hereditaments, corporeal or incorporeal.

   13. The term “domestic partner” shall mean persons who have a registered domestic partnership pursuant to section 3-240 of the administrative code, a domestic partnership registered in accordance with executive order number 123, dated August 7, 1989, or a domestic partnership registered in accordance with executive order number 48, dated January 7, 1993.

Section 1151.

Section 1151. Effect of this charter on existing law.

  1. All laws and parts of laws relating to or affecting the city of New York or the municipalities consolidated therein in force when this charter as amended shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this charter and no further.
  2. All other laws and parts of laws shall continue in force until repealed, amended, modified or superseded.
  3. Insofar as the provisions of this charter are the same in terms or in substance and effect as provisions of law in force when this charter shall take effect, relating to or affecting the city of New York, the provisions of this charter are intended to be not a new enactment but a continuation of such provisions of law, and this charter shall be so construed and applied.

Section 1152.

Section 1152. Time of taking effect.

  1. This charter shall take effect on the first day of January, nineteen hundred sixty-three and thereafter shall control in respect to all the powers, functions and duties of all officers, agencies, and employees of the city as provided herein, except that chapter twelve hereof shall take effect on January first, nineteen hundred sixty-two.
  2. The amendments to the charter approved by the electors on November fourth, nineteen hundred seventy-five shall take effect on January first, nineteen hundred seventy-seven, and thereafter shall control as provided in respect to all the powers, functions and duties of all offices, agencies, and employees except as further specifically provided in other sections of this revised charter and except:

   (1) that existing community districts and community boards shall continue in force and effect until the new community districts and community boards pursuant to chapters sixty-nine and seventy are established pursuant to this revised charter;

   (2) that powers and duties of community boards and borough boards pursuant to chapters six, eight, nine, fourteen, fifteen, twenty-seven, sixty-nine and seventy shall be assumed by the existing community boards and borough boards on July first, nineteen hundred seventy-six and such boards shall continue to have such powers and duties until new community boards and borough boards are established within the new community districts and the boroughs pursuant to chapters sixty-nine and seventy, which boards shall assume the powers and duties specified in this charter at such time; and

   (3) that the other amended provisions of this charter requiring any act to be done prior to January first, nineteen hundred seventy-seven shall take effect immediately upon adoption.

  1. The amendments to the charter approved by the electors on November eighth, nineteen hundred eighty-eight shall take effect immediately, and thereafter shall control as provided in respect to all the powers, functions and duties of all offices, agencies, and employees except as further specifically provided in other sections of this revised charter and except:

   (1) that, with respect to the tax appeals tribunal established in section one hundred sixty-eight,

      (a) the mayor shall appoint the first three commissioners, and shall designate one of them as president, no later than the first day of July, nineteen hundred eighty-nine;

      (b) the tribunal shall adopt rules of procedure pursuant to section one hundred sixty-nine no later than the first day of December, nineteen hundred eighty-nine; and

      (c) the tribunal shall begin accepting, hearing and determining appeals on the first day of January, nineteen hundred ninety;

   (2) that the effective date of section one thousand forty-six shall be the first day of July nineteen hundred ninety, and

   (3) that the provisions of the new chapter sixty-eight, entitled conflicts of interest, shall take effect on the first day of January, nineteen hundred ninety, and the provisions of chapter sixty-eight heretofore in effect, entitled ethics, shall remain in effect up to and including the thirty-first day of December of nineteen hundred and eighty-nine, at which time they shall be repealed, provided, however, that:

      (a) section twenty-six hundred eight of chapter sixty-eight heretofore in effect shall not be repealed but shall be renumbered as section one hundred thirty-one and shall continue in effect;

      (b) section twenty-six hundred two shall take effect immediately and subdivisions a, b, c, d, i, j and k of section twenty-six hundred three of the new chapter sixty-eight shall become effective upon confirmation of the members nominated by the mayor pursuant to subdivision c of such section twenty-six hundred two;

      (c) section twenty-six hundred of chapter sixty-eight heretofore in effect, shall only remain in effect until the confirmation of the members nominated by the mayor pursuant to subdivision c of section twenty-six hundred two of the new chapter sixty-eight;

      (d) the powers vested in the board of ethics by chapter sixty-eight heretofore in effect shall, upon the expiration of section twenty-six hundred of such chapter, be transferred, assigned and devolved upon the conflicts of interest board established by section twenty-six hundred two of the new chapter sixty-eight of the charter;

      (e) the provisions of sections twenty-six hundred four, twenty-six hundred five, twenty-six hundred six, and twenty-six hundred seven of chapter sixty-eight heretofore in effect shall govern the conduct of officers or employees of the city or of any city agency and former officers or employees of the city or of any city agency engaged in prior to the effective date of section twenty-six hundred four of the new chapter sixty-eight;

      (f) the provisions of subdivision h of section twenty-six hundred four of chapter sixty-eight heretofore in effect shall govern the conduct of former officers or employees of the city or of any city agency who leave city employ prior to the effective date of subdivision d of section twenty-six hundred four of the new chapter sixty-eight, engaged in on or after such date, and shall be enforceable pursuant to subdivisions j, k and l of such section.

      (g) for any officer or employee of the city who is in city employ as of the thirty-first day of December, nineteen hundred eighty-nine, the provisions of subdivisions g, h and i of section twenty-six hundred four of chapter sixty-eight heretofore in effect shall remain in effect up to and including the thirty-first day of March, nineteen hundred ninety and shall be enforceable pursuant to subdivisions j, k and l of such section, and the provisions of paragraphs one, two, four, six and seven of subdivision d of section twenty-six hundred four of the new chapter sixty-eight shall become effective on the first day of April, nineteen hundred ninety, provided, however, that this subparagraph shall not apply to elected officials, members of the city planning commission, including the chair, and employees of the department of city planning.

      (h) for members of the city planning commission, including the chair, and employees of the department of city planning, the provisions of subdivisions g, h and i of section twenty-six hundred four of chapter sixty-eight heretofore in effect shall remain in effect up to and including the thirtieth day of June, nineteen hundred ninety and shall be enforceable pursuant to subdivisions j, k and l of such section, and the provisions of paragraphs one, two, three, four, six, and seven of subdivision d of section twenty-six hundred four of the new chapter sixty-eight shall become effective on the first day of July, nineteen hundred ninety.

  1. The amendments to the charter approved by the electors on November seventh, nineteen hundred eighty-nine shall take effect on the first day of January, nineteen hundred ninety, and thereafter shall control as provided in respect to all the powers, functions and duties of all officers, agencies and employees, except as further specifically provided in other sections of this charter and except:

   (1) that, except for the new section three hundred eleven which shall take effect on the first day of January, nineteen hundred ninety, the amendments of chapter thirteen shall take effect on the first day of September, nineteen hundred ninety, provided, however, that:

      (a) the appointments required to be made by the mayor and the comptroller to the procurement policy board pursuant to section three hundred eleven shall be made by the fifteenth day of January, nineteen hundred ninety;

      (b) the procurement policy board, upon its creation, shall be authorized to exercise the authority granted to it by the remaining sections of chapter thirteen otherwise not to take effect until the first day of September, nineteen hundred ninety, to promulgate rules prior to the effective date of those sections as are necessary to implement the provisions of the chapter. Such rules required by the chapter to be promulgated shall be proposed in accordance with the requirements of subdivision b of section one thousand forty-three of this charter by the first day of June, nineteen hundred ninety; and

      (c) contract solicitations initiated prior to the first day of September, nineteen hundred ninety which would otherwise require the approval of the board of estimate that are not submitted to the board of estimate for approval by such date shall be awarded by the agency in accordance with the provisions of chapter thirteen otherwise not to take effect until the first day of September, nineteen hundred ninety and, to the extent practicable, with the rules of the procurement policy board; and

      (d) all other contract solicitations for which the contract will be executed on or after the first day of September, nineteen hundred ninety shall be awarded in accordance with the provisions of chapter thirteen otherwise not to take effect until the first day of September, nineteen hundred ninety, and, to the extent practicable, with the rules of the procurement policy board;

      (e) notwithstanding anything to the contrary herein, the proceedings of any contractor board of responsibility pending as of the thirty-first day of August, nineteen hundred ninety may be continued after such date until final determination.

   (2) that chapter eleven of the charter shall take effect on the first day of January, nineteen hundred ninety-six and the provisions of subdivision b of section two hundred fifty-nine of such chapter shall apply with respect to the fiscal year beginning on the first day of July, nineteen hundred ninety-six and that, pursuant to the requirements of such chapter, the comptroller and the public advocate shall appoint the independent budget office advisory committee no later than the fifteenth day of February of nineteen hundred ninety-six; such advisory committee shall make its recommendations, to the special committee convened to appoint the director of the independent budget office, no later than the fifteenth day of June of nineteen hundred ninety-six; and such special committee shall make its appointment of a director no later than the first day of August nineteen hundred ninety-six;

   (3) that, effective immediately, no appointment to the civil service commission shall be made except upon the recommendation of the screening committee required by section eight hundred twelve of the charter;

   (4) that, the provisions of subdivision b of section one hundred and four of the charter shall not apply to the contract budget submitted by the mayor for the fiscal year beginning the first day of July, nineteen hundred ninety nor to the contract budget adopted by the council for such year;

   (5) that, the amendments to sections one hundred ninety-two, one hundred ninety-six, one hundred ninety-eight and to chapters twenty-seven and seventy-one, and the provisions of section two hundred three shall take effect immediately upon certification that the electors have approved the amendments to the charter, provided, however, that the amendments to subdivision a of section one hundred ninety-two (other than the portions thereof requiring appointments of the members of the city planning commission on or before the first day of March, nineteen hundred ninety and providing for the length of the terms of the first appointees to the commission) shall take effect on the first day of July, nineteen hundred ninety;

   (6) that, the amendments to sections one hundred ninety-one, one hundred ninety-three, one hundred ninety-seven-a, one hundred ninety-seven-b, one hundred ninety-seven-c, one hundred ninety-nine, two hundred, two hundred one and two hundred two; the provisions of sections one hundred ninety-five, one hundred ninety-seven-d and two hundred four (except for subdivisions (g) and (h) thereof); the amendments to chapters fourteen, fifteen, twenty-one, twenty-nine, fifty-nine and sixty-one; and the provisions of chapters forty-eight and seventy-four shall take effect on the first day of July, nineteen hundred ninety, provided, however, that:

      (a) notwithstanding anything to the contrary herein, the board of estimate shall continue to review and approve applications pursuant to sections one hundred ninety-seven-c and two hundred as heretofore in effect that have been acted upon by the city planning commission on or before the thirtieth day of June, nineteen hundred ninety;

      (b) notwithstanding anything to the contrary herein, subdivisions b, d, e, f and g of section one hundred ninety-seven-c shall take effect on the second day of May, nineteen hundred ninety; and the period for review of applications by the borough presidents provided for in such subdivision g shall extend until the thirtieth day of June, nineteen hundred ninety in the case of all applications referred to the borough presidents in the month of May, nineteen hundred ninety;

      (c) notwithstanding anything to the contrary herein, any application pursuant to sections one hundred ninety-seven-c or two hundred heretofore in effect that requires borough board review and is acted on by the affected borough board after the second day of May, nineteen hundred ninety shall be forwarded to the affected borough president for review pursuant to subdivision g of section one hundred ninety-seven-c in accordance with paragraph (b) of this subdivision; and

      (d) notwithstanding anything to the contrary herein, the board of estimate shall continue up to and including the thirty-first day of August, nineteen hundred ninety, to review designations by the landmarks preservation commission, pursuant to section 25-303 of the administrative code, which have been approved by the landmarks preservation commission on or before the first day of May, nineteen hundred ninety; and designations by the landmarks preservation commission made after the first day of May and on or before the thirtieth day of June, nineteen hundred ninety, shall be subject to subdivisions eight and nine of section three thousand twenty, provided that the period for any reviews by the city planning commission and the council under such subdivisions eight and nine shall commence on the first day of July, nineteen hundred ninety;

   (7) that, subdivisions g and h of section two hundred four shall take effect on the first day of July, nineteen hundred ninety-one;

   (8) that, an elected city official who, as of the first day of January nineteen hundred ninety, holds both an elected city office and a party office, shall not be subject to the requirements of paragraph fifteen of subdivision b of section twenty-six hundred four in regard to such offices until the earlier of (i) the expiration of the term of the city office to which such official was elected prior to such date or (ii) the expiration of the term of the party office to which such official was elected or appointed prior to such date;

   (9) that, notwithstanding the provisions of section twenty-five, the council members elected at the general election in the year nineteen hundred eighty-nine shall serve for a term of two years and an additional election of council members shall be held at the general election in the year nineteen hundred ninety-one. The council members elected at such election shall serve for a term of two years.

   (10) that, notwithstanding the provisions of paragraph two of subdivision b, and subdivision c, of section fifty, a districting commission shall be appointed to prepare a districting plan for the nineteen hundred ninety-one additional election of council members in accordance with all of the requirements of chapter two-A except that such appointments shall be made in accordance with the following schedule:

      (a) between the tenth and twentieth days of January nineteen hundred ninety, the mayor shall convene the meeting or meetings required by paragraph two of subdivision b of section fifty;

      (b) on or before the fifteenth day of March of nineteen hundred ninety, each council delegation authorized to make appointments to the districting commission shall make such appointments, and each chairperson of a county committee of a political party authorized to submit nominations to the mayor shall submit such nominations; and

      (c) following the actions required by subparagraph (b) of this paragraph but no later than the fifteenth day of April of nineteen hundred ninety, the mayor shall make the remaining appointments to the districting commission.

      (d) The commission’s term shall end sixty days after the day of the general election of the council in the year nineteen hundred ninety-one.

   (11) that, notwithstanding the provisions of chapter two-A, the districting commission appointed pursuant to paragraph ten of ten of this subdivision shall prepare a districting plan for the nineteen hundred ninety-one additional election of council members in accordance with the provisions of this paragraph and in accordance with the provisions of chapter two-A, to the extent that the provisions of such chapter are not inconsistent with the provisions of this paragraph.

      (a) Following its appointment, the districting commission appointed pursuant to paragraph ten of this subdivision shall meet at least once each month during nineteen hundred ninety and at least once every two weeks during nineteen hundred ninety-one until such time as it has completed its duties pursuant to this paragraph and chapter two-A.

      (b) In carrying out its responsibilities under this paragraph and chapter two-A, the commission shall utilize the final count results of the nineteen hundred ninety census delivered to the governor no later than the first day of April, nineteen hundred ninety-one in accordance with the provisions of section one hundred forty-one of title thirteen of the United States code.

      (c) As soon as practicable, the commission shall (i) establish liaison with the United States census bureau and relevant New York state agencies to facilitate the orderly and timely receipt of the results of the nineteen hundred ninety census in a format that will facilitate the commission’s completion of its responsibilities and (ii) obtain such equipment, software, services and personnel as are necessary for it to effectively carry out its responsibilities under this paragraph and chapter two-A.

      (d) On or before the fifteenth day of May, nineteen hundred ninety, the director of city planning shall present to the commission an analysis of the demographic changes that have occurred in the city of New York since the nineteen hundred eighty census, a summary of the various estimates that have been made of the nineteen hundred ninety population of the city and various subdivisions of the city, an analysis of the implications of such forecasts for the establishment of districts for the nineteen hundred ninety-one council elections, and estimates of the nineteen hundred ninety population and population characteristics of existing council, assembly, community and congressional districts, to the extent such information is available. The director of city planning shall periodically thereafter provide the commission with any revisions of such information and any such additional information that will be of assistance to the commission in carrying out its responsibilities under chapter two-A. The director of city planning shall, to the maximum extent practicable, provide the commission with such technical assistance as it may require to carry out its responsibilities.

      (e) On or before the fifteenth day of June of nineteen hundred ninety, the director of city planning and the corporation counsel shall provide the commission with all information, available to them, regarding the status of the nineteen hundred ninety census and the schedule for the release of the results of such census, as will assist the commission in developing the work plan and schedule required by this paragraph.

      (f) On or before the fifteenth day of June, nineteen hundred ninety, the director of city planning and the commissioner of computer and data communications services shall provide the commission with as complete a listing as possible of the computer software products available for the utilization of census data in the establishment of districts and the analysis of the demographic characteristics of such districts; a comparative evaluation of the strengths, weaknesses, costs and benefits of the various products available including information as to the quantity and type of staff necessary to utilize the various products; an identification and description of the relevant professional services available from public and private entities; including information regarding the rates at which such services are likely to be available; and a description of the assistance which the department of city planning and the computer and data communications services agency can provide to the commission.

      (g) On or before the fifteenth day of September, nineteen hundred ninety, the commission shall adopt a work plan and time schedule for the establishment of council districts for the nineteen hundred ninety-one elections in accordance with the provisions of this paragraph and chapter two-A.

      (h) Between the first day of October and the tenth day of December, nineteen hundred ninety, the commission shall hold at least one public hearing in each borough to obtain (i) information regarding demographic trends and conditions and suggestions regarding the factors that interested parties believe the commission should consider and the procedures that it should utilize in the establishment of council districts for the nineteen hundred ninety-one elections.

      (i) On or before the first day of February, nineteen hundred ninety-one, the commission shall produce, and make available for public inspection, prototype fifty-one district plans for the purpose of testing and demonstrating the analytical and technical capabilities necessary to meet the deadlines set forth in subparagraph j of this paragraph.

      (j) Notwithstanding the provisions of section fifty-one, the commission shall complete the following steps in accordance with the following schedule:

         (i) on or before the first day of May, nineteen hundred ninety-one, the commission shall make its plan available to the public and the council for review and comment; and on or before the tenth day of such month the commission shall hold one or more public hearings on such plan;

         (ii) on or before the twentieth day of May, nineteen hundred ninety-one, the commission, after consideration of all comments received from the public and the council by the fourteenth day of May of such year, shall make a revised plan and supporting data available for public inspection and shall give public notice that comments on such revised plan may be submitted through the twenty-seventh day of May, nineteen hundred ninety-one; and on or before such latter date, the commission shall hold one or more public hearings on such plan; and

         (iii) on or before the seventh day of June, nineteen hundred ninety-one, the commission shall adopt its final plan in accordance with subdivision g of section fifty-one.

      (k) After the commission files its final plan with the city clerk pursuant to clause (iii) of subparagraph (j) of paragraph (10) of subdivision (d) of this section, the commission shall make such adjustments in its plan as may be required by court order or upon a determination of the United States Department of Justice.

   (12) that the amendments to chapter forty-six shall take effect immediately;

   (13) that the provisions of subdivision a of section twenty eight hundred shall take effect immediately and:

      (a) that for the purpose of appointing members of community boards for terms commencing on the first day of April, nineteen hundred ninety and on the first day of April, nineteen hundred ninety-one pursuant to such subdivision, the city planning commission shall, by the first day of January, nineteen hundred ninety, determine the proportion of the community district’s population represented by each council member on the basis of data available as of such date and file the determination with the appropriate borough president, community board and council member; and

      (b) that the terms of community board members which would expire on the thirty-first day of December, nineteen hundred eighty nine, pursuant to the charter heretofore in effect, shall expire on the thirty-first day of March, nineteen hundred ninety and that the terms of community board members which would expire on the thirty-first day of December, nineteen hundred ninety, pursuant to the charter heretofore in effect, shall expire on the thirty-first day of March, nineteen hundred ninety-one.

   (14) that the repeal of sections sixty-one through sixty-six of chapter three, the amendment of subdivision nine of section eleven hundred fifty and the amendments to subdivisions one and sixteen of section thirty-eight, as renumbered by these amendments, deleting references to the Board of Estimate shall take effect on the first day of September of nineteen hundred ninety.

   (15) that, subdivisions a, b, and c and the first sentence of subdivision d of section one hundred ninety-five shall take effect upon the first to occur of (a) November 1, 1990 or (b) the effective date of the criteria for the location of city facilities promulgated pursuant to section two hundred three. Any agency proposing an acquisition pursuant to section one hundred ninety-five prior thereto shall, upon receiving approval of such acquisition from the commissioner of general services, file a notice of intent to acquire with the Council, which may consider and act upon the acquisition pursuant to the last sentence of subdivision d of such section.

   (16) that the provisions of paragraph a of subdivision three of section sixteen hundred two requiring the commissioner of general services to consider the criteria for location of city facilities prior to submitting an application pursuant to section one hundred ninety-seven-c for an acquisition or disposition of property shall take effect upon the effective date of such criteria pursuant to section two hundred three.

  1. On and after the first day of September of nineteen hundred ninety the powers and responsibilities of the board of estimate, set forth in any state or local law, that are not otherwise devolved by the terms of such law, upon another body, agency or officer shall devolve upon the body, agency or officer of the city charged with comparable and related powers and responsibilities under this charter, consistent with the purposes and intent of this charter, provided specifically that the council shall succeed to the powers and responsibilities exercised by the board of estimate pursuant to article sixteen of the general municipal law.
  2. Officers and employees of the city may take any actions as are necessary and appropriate to prepare for the implementation of the provisions of amendments to the charter approved by the electors on November seventh, nineteen hundred eighty-nine prior to such effective dates as are prescribed by subdivision d of this section.
  3. The amendments to the charter approved by the electors on November third, nineteen hundred ninety-eight shall take effect on the first day of January, nineteen hundred ninety-nine, and thereafter shall control as provided in respect to all the powers, functions and duties of all officers, agencies and employees, except as further specifically provided in other sections of this charter.
      1. The amendments to the charter, amending section six hundred three and adding a new chapter twenty-four-B, approved by the electors on November sixth, two thousand-one, shall take effect immediately, or as soon thereafter as a transfer of agency functions may be effectuated, and thereafter shall control as provided in respect to all the powers, functions and duties of all officers, agencies and employees, except as further specifically provided in other sections of this charter.

      (b) Officers and employees of the city shall take any actions as are necessary and appropriate to prepare for the implementation of the provisions of the amendments to the charter, approved by the electors on November sixth, two thousand-one, prior to the effective dates prescribed in subparagraph a of this section.*

   (2) The amendments to the charter, adding new chapters eighteen-C and eighteen-D, and a new section five hundred twenty-six-a, approved by the electors on November sixth, two thousand-one, shall take effect immediately upon certification that the electors have approved the amendments to the charter, and thereafter shall control as provided in respect to all the powers, functions and duties of all officers, agencies and employees, except as further specifically provided in other sections of this charter.

   (3) The amendments to the charter, adding a new subdivision g to section eight, a new section eighteen, and a new chapter forty, approved by the electors on November sixth, two thousand-one, shall take effect immediately, and thereafter shall control as provided in respect to all the powers, functions and duties of all officers, agencies and employees, except as further specifically provided in other sections of this charter.

   (4) (a) The amendments to the charter, amending section fifteen and chapter twenty-two, repealing chapter twenty-three, renumbering section one thousand fifty-eight, amending renumbered section one thousand fifty-seven-a and sections fourteen hundred three, fourteen hundred four, and twenty-nine hundred three, approved by the electors on November sixth, two thousand-one, shall take effect immediately, or as soon thereafter as a transfer of agency functions may be effectuated, and thereafter shall control as provided in respect to all the powers, functions and duties of all officers, agencies and employees, except as further specifically provided in other sections of this charter, except that the amendments to the charter, amending section five hundred fifty-three of such chapter twenty-two, shall take effect June 1, 2002 or the date upon which the ten members of the reconstituted and expanded board other than the chairperson have been duly appointed and qualified, whichever is earlier, provided, however, that of the first nine members of the board of health appointed on or after the effective date of these amendments, three members shall serve for two years, three members shall serve for four years, and the remainder shall serve for six years, provided further, however, that the term of any member of the board of health serving on the date of the approval of these amendments shall be deemed expired on such effective date.

      (b) Officers and employees of the city shall take any actions as are necessary and appropriate to prepare for the implementation of the provisions of the amendments to the charter, approved by the electors on November sixth, two thousand-one, prior to the effective dates prescribed in subparagraph a of this section.*

   (5) (a) The amendments to the charter, adding new chapters nineteen-A and sixty-three, and new sections nineteen, three hundred thirty-five, and three hundred ninety-eight, approved by the electors on November sixth, two thousand-one, shall take effect immediately, or as soon thereafter as a transfer of agency functions may be effectuated, and thereafter shall control as provided in respect to all the powers, functions and duties of all officers, agencies and employees, except as further specifically provided in other sections of this charter.

      (b) Officers and employees of the city shall take any actions as are necessary and appropriate to prepare for the implementation of the provisions of the amendments to the charter, approved by the electors on November sixth, two thousand-one, prior to the effective dates prescribed in subparagraph a of this section.*

    1. The amendments to the charter, amending sections ten, twenty-four, and forty-four, approved by the electors on November fifth, two thousand two, shall take effect immediately, provided that any vacancy that occurs in the office of the mayor on or after September twentieth, two thousand two, and before the effective date of the amendments referenced in this subdivision, shall be governed by such amendments, and any such vacancy shall be deemed to have occurred on such effective date.

   (2) Notwithstanding the provisions of section 1153, in the event that the amendment set forth in paragraph 10 of the new subdivision c of section 10 is finally adjudicated to be invalid or otherwise cannot be implemented, all of the amendments referenced in this subdivision shall be without any further force and effect and, at such time, sections ten, twenty-four, and forty-four as they existed immediately prior to the effective date of such amendments shall be reinstated and shall be deemed to have always remained in full force and effect and unamended by such amendments.

    1. The amendments to the charter, adding a new section thirteen-a and amending subdivision two of section one thousand forty-nine, approved by the electors on November eighth, two thousand five, shall take effect immediately, and thereafter shall control as provided with respect to all the powers, functions and duties of officers, agencies and employees, except as further specifically provided in other sections of this charter.

   (2) The amendments to the charter, repealing and reenacting section two hundred fifty-eight and amending sections ninety-five, one hundred one, two hundred thirteen, two hundred thirty-three and two hundred sixty-six and subdivision six of section two hundred fifty, approved by the electors on November eighth, two thousand five, shall take effect immediately, and thereafter shall control as provided with respect to all the powers, functions and duties of officers, agencies and employees, except as further specifically provided in other sections of this charter.

    1. The amendments to the charter, amending sections eleven hundred thirty-seven and eleven hundred thirty-eight, approved by the electors on November second, two thousand ten, shall take effect immediately, and hereafter shall control as provided with respect to all the powers, functions and duties of officers, agencies and employees; provided, however, that, notwithstanding any inconsistent provision of the charter, persons holding the offices of mayor, public advocate, comptroller, borough president or council member on the date such amendments take effect shall be subject, with respect to eligibility to be elected to or serve in the offices so held, to the provisions of section eleven hundred thirty-eight that were in effect immediately prior to the approval of such amendments, and to the provisions of subdivision b of such section as added by such amendments until one full term or more has elapsed since having last held such offices, after which such persons shall be fully subject to the provisions of section eleven hundred thirty-eight, as amended by such amendments, in its entirety.

   (2) (a) (i) The amendments to the charter, amending subdivision d of section two hundred four, subdivision e of section one thousand forty-six, section one thousand forty-eight, subdivision one of section one thousand forty-nine, subdivision a of section one thousand forty-nine-a, paragraph one of subdivision a of section one thousand fifty-two, paragraph two of subdivision b of section twenty-six hundred three, and subdivision b of section twenty-six hundred six, and adding a new paragraph fifteen of subdivision a of section one thousand fifty-two, a new section one thousand fifty-seven-b, a new subdivision (g) of section twenty-two hundred three, and a new subdivision b-one of section twenty-six hundred six, approved by the electors on November second, two thousand ten, shall take effect immediately, and thereafter shall control as provided with respect to all the powers, functions and duties of officers, agencies and employees, except as further specifically provided in other sections of this charter, and, with respect to section one thousand fifty-seven-b, shall apply to elections for the offices specified in such section held after such date; provided, however, that the amendments to the charter, amending sections one thousand fifty-six, one thousand fifty-seven and subdivision one of section one thousand fifty-seven-a, repealing and reenacting section one thousand fifty-four, repealing section one thousand fifty-five, and adding a new subdivision e of section one thousand fifty-two and a new section eleven hundred thirteen, approved by the electors on November second, two thousand ten, shall take effect on the first day of January, two thousand eleven, and thereafter shall control as provided with respect to all the powers, functions and duties of officers, agencies and employees, except as further specifically provided in other sections of this charter.

         (ii) Officers and employees of the city shall take any actions as are necessary and appropriate to prepare for the implementation of such amendment prior to the effective date prescribed in this subparagraph.

      (b) Severability. If any clause, sentence, subparagraph, paragraph, subdivision, section or part of the amendments described in subparagraph (a) of this paragraph shall be adjudged by any court of competent jurisdiction to be invalid or otherwise cannot be implemented pursuant to law, such judgment or inability to implement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subparagraph, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered or in the matter with respect to which implementation may not occur.

      1. Except as otherwise provided in this paragraph, the amendments to the charter adding paragraphs 16 through 22 of subdivision a of section 1052, approved by the electors on November 6, 2018, shall take effect on January 12, 2019, and thereafter shall control as provided with respect to all the powers, functions and duties of officers, agencies and employees, except as further specifically provided in other sections of this charter.

      (b) Officers and employees of the city shall take any actions as are necessary and appropriate to prepare for the implementation of such amendments prior to January 12, 2019, including the implementation of such amendments for any special election to fill a vacancy held in the year 2019.

      (c) With respect to candidates seeking office in any special election to fill a vacancy held in the year 2019, such amendments shall apply prior to January 12, 2019, as provided in this paragraph.

      (d) (i) Candidates seeking office in covered elections held prior to the covered primary election to be held in the year 2021 and covered primary, run-off primary, and general elections held in the year 2021 who intend to participate in the voluntary system of campaign finance reform described in this section and chapter 7 of title 3 of the administrative code shall file with the campaign finance board a non-binding written statement declaring whether they intend to select the terms, conditions, and requirements for contribution limits and for the provision of public matching funds, including those pertaining to the matching formula, qualifying threshold, public funds cap, and distribution schedule, under Option A or Option B provided in clause (iii) of this subparagraph. Such statement shall be made on the date of the filing of the first disclosure report required pursuant to section 3-703 of the administrative code, provided that candidates seeking office in a covered primary, run-off primary, or general election held in the year 2021 who intend to participate in such system who filed such first disclosure report prior to January 12, 2019 shall file such non-binding written statement with the campaign finance board no later than July 15, 2019, and provided further that such non-binding written statement shall not be required if a candidate has already complied with clause (ii) of this subparagraph as of the date of the filing of the first disclosure report. Failure to file the statement required pursuant to this clause (i) shall not be deemed to preclude a candidate from choosing to participate in the voluntary system of campaign finance reform described in this section and chapter 7 of title 3 of the administrative code pursuant to paragraph (c) of subdivision 1 of section 3-703.

         (ii) Participating candidates seeking office in covered elections held prior to the covered primary election to be held in the year 2021 and covered primary, run-off primary, and general elections held in the year 2021, shall state in the written certification filed pursuant to paragraph (c) of subdivision 1 of section 3-703 of the administrative code, whether they agree to the terms, conditions, and requirements for contribution limits and for the provision of public matching funds, including those pertaining to the matching formula, qualifying threshold, public funds cap, and distribution schedule, under Option A or Option B provided in clause (iii) of this subparagraph, provided that participating candidates seeking office in a covered primary, run-off primary, or general election held in the year 2021 who filed such certification prior to January 12, 2019 shall file an amended certification with such information with the campaign finance board no later than January 15, 2021, and further provided that participating candidates seeking office in a covered special election to fill a vacancy held in the year 2019 who filed such certification prior to January 12, 2019 and did not indicate a choice of Option A or Option B in such certification shall file an amended certification with such information with the campaign finance board no later than January 15, 2019.

         (iii) Option A. The contribution limitations and public matching funds provisions, including those pertaining to the matching formula, qualifying threshold, public funds cap, and distribution schedule, as in effect on and after January 12. 2019.

            Option B. The contribution limitations and public matching funds provisions, including those pertaining to the matching formula, qualifying threshold, public funds cap, and distribution schedule, as in effect prior to January 12. 2019.

      (e) For participating candidates and their principal committees seeking office in covered elections held prior to the covered primary election to be held in the year 2021 and covered primary, run-off primary, and general elections held in 2021, the campaign finance board shall administer and enforce the contribution limitations and public matching funds provisions, including those pertaining to the matching formula, qualifying threshold, public funds cap, and distribution schedule in accordance with whether the participating candidate has chosen Option A or Option B pursuant to subparagraph (d) of this paragraph, provided that: (i) for any special election to fill a vacancy held in the year 2019, a candidate who elects Option A shall be required to refund the portion of any contribution received prior to January 12, 2019 that exceeds one half the limitations set forth in subparagraph b of paragraph (17) of subdivision (a) of section 1052 of the New York city charter; and (ii) for any special election to fill a vacancy held in the year 2019, matchable contributions received for such special election to fill a vacancy, regardless of date received, shall be subject to the matching formula in effect on or after January 12, 2019 if a candidate elects Option A and to the matching formula in effect prior to such date if such candidate elects Option B.

      (f) For nonparticipating candidates and their authorized committees seeking office in the general election held in 2021 or any covered election held prior thereto, the contribution limitations as in effect prior to January 12, 2019 shall remain applicable.

      (g) With respect to candidates seeking office in any covered election held after the general election in 2021, the contribution limitations and public matching funds provisions, including those pertaining to the matching formula, qualifying threshold, public funds cap, and distribution schedule, shall apply as in effect on and after January 12, 2019.

      (h) The campaign finance board shall promulgate rules necessary to implement the provisions of this paragraph, which shall include provisions addressing contributions made prior to January 12, 2019, provided that: (i) for any covered election other than a special election to fill a vacancy held in the year 2019, candidates who received contributions prior to January 12, 2019 shall not be required to refund such contributions or any portion thereof solely by reason of electing Option A as set forth in subparagraph (d) of this paragraph; and (ii) for any covered election other than a special election to fill a vacancy held in the year 2019, matchable contributions received prior to January 12, 2019 shall be subject to the matching formula in effect prior to such date, regardless of whether the participating candidate chooses Option A or Option B.

      (i) If any provision of paragraph 17 or 19 of subdivision a of section 1052 shall be finally adjudged by any court of competent jurisdiction to be invalid or otherwise cannot be implemented, all provisions of paragraphs 16 through 22 of subdivision a of section 1052, except for subparagraph (a) of paragraph 20 of subdivision a of section 1052, together with provisions of this section authorizing or mandating the application of such provisions to candidates in any election, shall be without any further force and effect and, at such time, section 1052 and chapter 7 of title 3 of the administrative code, as such provisions existed immediately prior to January 12, 2019 shall be reinstated, except to the extent such provisions are modified, altered or superseded by subparagraph (a) of paragraph 20 of subdivision a of section 1052, and in that event such subparagraph shall apply to all participating candidates.

   (2) (a) The amendments to the charter adding section 225-a and chapter 76, approved by the electors on November 6, 2018, shall take effect on April 1, 2019, and thereafter shall control as provided with respect to all the powers, functions and duties of officers, agencies and employees, except as further specifically provided in other sections of this charter.

      (b) Officers and employees of the city shall take any actions as are necessary and appropriate to prepare for the implementation of such amendment prior to April 1. 2019.

   (3) (a) The amendments to the charter amending section 82 and subdivisions a and d of section 2800, approved by the electors on November 6, 2018, shall take effect on January 1, 2019, and thereafter shall control as provided with respect to all the powers, functions and duties of officers, agencies and employees, except as further specifically provided in other sections of this charter.

      (b) Officers and employees of the city shall take any actions as are necessary and appropriate to prepare for the implementation of such amendment prior to such date.

   (4) The amendments to the charter adding section 3203, approved by the electors on November 6, 2018, shall take effect on April 1, 2019, and thereafter shall control as provided with respect to all the powers, functions and duties of officers, agencies and employees, except as further specifically provided in other sections of this charter. Officers and employees of the city shall take any actions as are necessary and appropriate to prepare for the implementation of such amendment prior to such date.

Section 1153.

Section 1153. Separability clause.

If any provisions of this charter or of any amendments thereto shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, it is the purpose and intent of this charter that all other provisions thereof shall nevertheless be separately and fully effective and that the application of any such provision to other persons or situations shall not be affected.

Section 1154.

Section 1154. Short title.

This charter shall be known and may be cited as “The New York city charter.”