Int. No. 1364-A
By Council Members Van Bramer and Menchaca
A Local Law to amend the administrative code of the city of New York, in relation to executive sessions of the campaign finance board
Be it enacted by the Council as follows:
Section 1. Paragraph (a) of subdivision (ii) of section 3-710.5 of the administrative code of the city of New York is amended to read as follows:
(a) The board shall give written notice and the opportunity to appear before the board to any participating, limited participating or non-participating candidate, his or her principal committee, authorized committee, committee treasurer or any other agent of such candidate, if the board has reason to believe that such has committed a violation or infraction before assessing any penalty for such action. Any such written notice of alleged violations shall be issued in a timely manner pursuant to all of the requirements of subdivision one of section 3-710 and shall precede the issuance of the final audit required pursuant to subdivision one of section 3-710. In the case of a written notice issued prior to the date of a covered election, or after the date of a covered election in the case of a notice regarding an alleged failure to respond to a request for audit documentation, such notice may be issued prior to the issuance of a draft audit. Alleged violations and proposed penalties shall be subject to resolution by adjudication before the board consistent with the procedures of section 1046 of the charter, unless such procedures are waived by the candidate or principal committee; provided, however, that in the case of adjudications conducted prior to the date of a covered election, the board shall use the procedures of section 1046 of the charter only to the extent practicable, given the expedited nature of such pre-election adjudications. No candidate, representative of a candidate or campaign finance board staff other than a professional counsel hired or retained for such purpose and not otherwise supervised by campaign finance board staff shall be present during a meeting or portion of a meeting of the board from which the public is excluded and at which an adjudication before the board is discussed. The board shall issue a final determination within thirty days of the conclusion of the adjudication proceeding.
§ 2. This local law takes effect immediately.
BJR
LS 9399
12/07/16 3:53PM