Int. No. 2128
By Council Member Kallos (by request of the Queens Borough President)
A Local Law to amend the New York city charter, in relation to establishing an office of bias data analytics
Be it enacted by the Council as follows:
Section 1. Section 808 of chapter 34 of the New York city charter, as added by local law number 43 for the year 2018, is renumbered section 809.
§ 2. Chapter 34 of the New York city charter is amended by adding a new section 809-a to read as follows:
§ 809-a. Office of bias data analytics. a. Definitions. As used in this section, the following terms have the following meanings:
Commissioner. The term “commissioner” means the commissioner of investigation.
Director. The term “director” means the director of bias data analytics.
Office. The term “office” means the office of bias data analytics.
Protected group. The term “protected group” means any group of people protected by anti-discrimination laws based on actual or perceived characteristics, including, but not necessarily limited to, race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, partnership status, caregiver status, sexual and reproductive health decisions, uniformed service, any lawful source of income, status as a victim of domestic violence, status as a victim of sex offenses or stalking, whether children are, may be or would be residing with a person or conviction or arrest record.
b. Office established; appointment and removal of director. The commissioner shall establish an office of bias data analytics, the head of which shall be the director of bias data analytics. No later than 90 days after the effective date of the local law that added this section, the commissioner shall appoint a director, who shall have the powers and execute the duties described in subdivision c of this section. The commissioner shall report to the council regarding the identity and qualifications of such individual, the number of personnel assigned or to be hired to assist such individual as deemed necessary by the commissioner, and the details of the management structure covering such personnel. In the event such individual is removed or resigns, the commissioner shall appoint a new director within 90 days of such removal or resignation. In such event, the commissioner shall report to the council regarding the identity and qualifications of the new director.
c. Powers and duties. The director shall have the power and duty to:
1. Collaborate with city agencies to:
(a) Analyze data provided to the office by an agency to determine whether such agency has implemented a policy or practice that results in biased or discriminatory decision-making against a protected group, and report the findings back to such agency;
(b) Conduct research;
(c) Make recommendations for policies and best practices to encourage non-discriminatory decision-making; and
(d) Support agencies in developing strategies to conduct their own analytics based on such data; and
2. Perform any other relevant duties the commissioner deems appropriate.
d. Report required. Within one year of the effective date of the local law that added this section, and quarterly thereafter, the director shall post on the office’s website and submit to the mayor and the speaker of the council a report containing, at a minimum, the findings and recommendations required by paragraph 1 of subdivision c of this section, except to the extent that disclosure of such data would conflict with other applicable law.
§ 3. This local law takes effect 30 days after it becomes law.
JEF
LS #15083
9/14/2020