Int. No. 2286

By Council Member Salamanca

A Local Law to amend the administrative code of the city of New York, in relation to requiring certain city employees to identify themselves during encounters with the public

Be it enacted by the Council as follows:

Section 1. Chapter 1 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-174.1 to read as follows:

§ 10-174.1 Identification of city employees. a. Definitions. As used in this section, the term “covered employee” means an employee of the city who is authorized to issue summonses or notices of violation on behalf of the city.

b. Whenever a covered employee questions a person in the covered employee’s official capacity as a city employee, such covered employee shall offer, to any person requesting identifying information:

1. A pre-printed business card;

2. A hand-written card, if such covered employee does not have an adequate number of pre-printed business cards in such employee’s possession, which shall at a minimum identify the name, agency and supervisor of such covered employee; or

3. To provide such information verbally to such person and allow such person sufficient time to record such information when such covered employee does not have an adequate number of pre-printed business cards or hand-written cards in such employee’s possession.

c. Any business card used by a covered employee to comply with this section shall be pre-printed and include, at a minimum:

1. The name, agency and supervisor of such covered employee; and

2. A phone number for the 311 customer service center and an indication that such phone number may be used to submit comments about the encounter between such covered employee and such person.

d. Each agency that employs covered employees shall develop a plan to ensure that covered employees have an adequate number of business cards and that such cards be replenished within 30 business days after such cards become unavailable.

e. A covered employee shall not be required to comply with this section where:

1. Such covered employee is engaged in an approved undercover activity or operation; or

2. Exigent circumstances require immediate action by such employee.

f. Nothing in this section or in the implementation thereof shall be construed to:

1. Restrict or limit any activity or proceeding regulated by the criminal procedure law or any other state law; or

2. Create a private right of action on the part of any persons or entity against the city of New York, any agency, or any official or employee thereof.

§ 2. Severability. If any portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall continue in full force and effect.

§ 3. This local law takes effect 180 days after it becomes law.

LS #17100

NAB

3/16/21 10:10 AM