Int. No.
By Council Member Riley
A Local Law to amend the administrative code of the city of New York, in relation to city contractors and subcontractors posting information concerning whistleblower protections and clarifying whistleblower protections for reporting conduct related to the use or development of an artificial intelligence model
Be it enacted by the Council as follows:
Section 1. Subdivision b of section 6-132 of the administrative code of the city of New York, as added by local law number 30 for the year 2012, is amended to read as follows:
b. Posting of information about reporting fraud, false claims, criminality [or], corruption, or conduct related to artificial intelligence models. Every contractor or subcontractor [having a contract valued in excess of one hundred thousand dollars or more] shall post a notice, in a prominent and accessible place on any site where work pursuant to [such] a contract or subcontract is performed, containing information about:
(1) how its employees can report to the [New York city] department of investigation allegations of fraud, false claims, criminality [or], corruption, or conduct related to the use or development of an artificial intelligence model as described in paragraph 7 of subdivision b of section 12-113 arising out of or in connection with such contract or subcontract, and
(2) the rights and remedies afforded to its employees under sections 7-805 and 12-113 [of the administrative code] for lawful acts taken in connection with the reporting of allegations of fraud, false claims, criminality [or], corruption, or conduct related to the use or development of an artificial intelligence model as described in paragraph 7 of subdivision b of section 12-113 arising out of or in connection with such contract or subcontract.
§ 2. Subdivision a of section 12-113 of the administrative code of the city of New York is amended by adding a new definition of “artificial intelligence model” in alphabetical order to read as follows:
Artificial intelligence model. The term “artificial intelligence model” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
§ 3. Paragraph 3 of subdivision b of section 12-113 of the administrative code of the city of New York, as amended by local law number 9 for the year 2021, is amended to read as follows:
3. Every contract or subcontract [in excess of one hundred thousand dollars] shall contain a provision detailing the provisions of [paragraph two] paragraphs 2 and 7 of this subdivision and [of] paragraph [two] 2 of subdivision e of this section.
§ 4. Subdivision b of section 12-113 of the administrative code of the city of New York is amended by adding new paragraphs 6 and 7 to read as follows:
6. No officer or employee of an agency of the city shall take an adverse personnel action with respect to another officer or employee for such officer or employee making a report of information concerning conduct related to the use or development of an artificial intelligence model that such officer or employee knows or reasonably believes to present a substantial and specific risk of harm to public health or public safety by another city officer or employee, which concerns such officer or employee’s office or employment, or by persons dealing with the city, which concerns their dealings with the city, to the commissioner, a council member, the public advocate, the comptroller, the mayor, the special commissioner of investigation or any superior officer. Such report shall be referred to the commissioner unless (i) such conduct is within the jurisdiction of the special commissioner of investigation, in which case such report shall be referred to such special commissioner, or (ii) such conduct is alleged to have been committed by the commissioner, the special commissioner of investigation or a deputy commissioner of investigation, in which case such report shall be referred to the corporation counsel.
7. No officer or employee of a covered contractor or covered subcontractor shall take an adverse personnel action with respect to another officer or employee of such contractor or subcontractor for such officer or employee making a report of information concerning conduct related to the use or development of an artificial intelligence model that such officer or employee knows or reasonably believes to present a substantial and specific risk of harm to public health or public safety by any officer or employee of such contractor or subcontractor, which concerns a contract with a contracting agency, to the commissioner, a council member, the public advocate, the comptroller, the special commissioner of investigation, the chief procurement officer, the agency chief contracting officer, or the agency head or commissioner or commissioner of the contracting agency. Such report shall be referred to the commissioner unless such conduct is within the jurisdiction of the special commissioner of investigation, in which case such report shall be referred to such special commissioner.
§ 5. Subparagraph (i) of paragraph 1 of subdivision e of section 12-113 of the administrative code of the city of New York, as amended by local law number 9 for the year 2021, is amended to read as follows:
e. 1. (i) Upon a determination that a retaliatory adverse personnel action has been taken with respect to an officer or employee of an agency of the city in violation of paragraph [one or five] 1, 5 or 6 of subdivision b of this section, the commissioner, or the special commissioner of investigation or corporation counsel, as applicable, shall without undue delay report his or her findings and, if appropriate, recommendations to the head of the appropriate agency or entity, who shall determine whether to take remedial action and shall report such determination to the commissioner, or the special commissioner of investigation or corporation counsel, as applicable, in writing.
§ 6. Paragraph 2 of subdivision e of section 12-113 of the administrative code of the city of New York, as added by local law number 33 for the year 2012, is amended to read as follows:
2. Any officer or employee of a covered contractor or covered subcontractor who believes that he or she has been the subject of an adverse personnel action in violation of paragraph [two] 2 or 7 of subdivision b shall be entitled to bring a cause of action against such covered contractor or covered subcontractor to recover all relief necessary to make him or her whole. Such relief may include but shall not be limited to: (i) an injunction to restrain continued retaliation, (ii) reinstatement to the position such employee would have had but for the retaliation or to an equivalent position, (iii) reinstatement of full fringe benefits and seniority rights, (iv) payment of two times back pay, plus interest, and (v) compensation for any special damages sustained as a result of the retaliation, including litigation costs and reasonable attorneys' fees. An officer or employee described in this paragraph may bring an action in any court of competent jurisdiction for such relief. An officer or employee who brings a cause of action pursuant to this paragraph shall notify the agency chief contracting officer or agency head or commissioner of the contracting agency of such action; provided, however, that failure to provide such notice shall not be a jurisdictional defect, and shall not be a defense to an action brought pursuant to this paragraph. This paragraph shall not be deemed to create a right of action against the city, any public agency or other public entity, or local development corporations or not-for-profit corporations the governing boards of which include city officials acting in their official capacity or appointees of city officials, nor shall any such public agency, entity or corporation be made a party to an action brought pursuant to this subdivision.
§ 7. Subdivision i of section 12-113 of the administrative code of the city of New York, as amended by local law number 9 for the year 2021 and paragraphs 1 through 5 of such subdivision as added by such local law, is amended to read as follows:
i. Not later than October thirty-first of each year, the commissioner, in consultation with the special commissioner of investigation and the corporation counsel, shall prepare and forward to the mayor and the speaker of the council a report that shall include, but need not be limited to, the following information for the preceding fiscal year:
1. The number of reports concerning conduct allegedly involving corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority, as described in paragraph 1 of subdivision b of this section, received by the commissioner, the special commissioner of investigation and the corporation counsel, whether directly or upon referral, in such fiscal year;
2. The number of reports concerning conduct allegedly involving corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority, as described in paragraph 2 of subdivision b of this section, received by the commissioner and the special commissioner of investigation, whether directly or upon referral, in such fiscal year;
3. The number of reports concerning conduct allegedly presenting a substantial and specific risk of harm to the health, safety or educational welfare of a child by another city officer or employee, as described in paragraph 5 of subdivision b of this section, received by the commissioner, the special commissioner of investigation and the corporation counsel, whether directly or upon referral, in such fiscal year;
4. The number of reports concerning conduct related to the use or development of an artificial intelligence model that allegedly presents a substantial and specific risk of harm to public health or public safety, as described in paragraph 6 of subdivision b of this section, received by the commissioner, the special commissioner of investigation and the corporation counsel, whether directly or upon referral, in such fiscal year;
5. The number of reports concerning conduct related to the use or development of an artificial intelligence model that allegedly presents a substantial and specific risk of harm to public health or public safety, as described in paragraph 7 of subdivision b of this section, received by the commissioner and the special commissioner of investigation, whether directly or upon referral, in such fiscal year;
6. The number of complaints made under subdivision c of this section that were received by the commissioner, the special commissioner of investigation and the corporation counsel, in such fiscal year, and the disposition of such complaints; and
[5.] 7. With respect to investigations conducted under subdivision d of this section:
(a) The number of investigations open at the end of such fiscal year and the median number of days that such investigations had been open at the end of such fiscal year;
(b) The number of investigations open for 90 or more days, but fewer than 180 days, at the end of such fiscal year;
(c) The number of investigations open for 180 or more days, but fewer than 365 days, at the end of such fiscal year;
(d) The number of investigations open for 365 or more days, but fewer than 730 days, at the end of such fiscal year;
(e) The number of investigations open for 730 or more days at the end of such fiscal year; and
(f) As of the end of such fiscal year, the number of full-time plus part-time personnel of the department of investigation, calculated based on full-time equivalency rates, whose duties include conducting investigations under subdivision d of this section.
§ 8. This local law takes effect 60 days after it becomes law.
EH
LS #26831
9/25/2026 1:30 PM