File #: Int 0743-2022    Version: Name: Requiring certain city employees to identify themselves during encounters with the public.
Type: Introduction Status: Enacted
Committee: Committee on Governmental Operations
On agenda: 9/29/2022
Enactment date: 10/29/2023 Law number: 2023/141
Title: 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
Sponsors: Rafael Salamanca, Jr., Rita C. Joseph, Charles Barron, Kevin C. Riley, Amanda Farías, Carlina Rivera , James F. Gennaro
Council Member Sponsors: 7
Summary: This bill would require that City employees who can issue summons or notices of violation, when questioning people, provide a pre-printed, handwritten, or electronic business card with identifying information upon request. If a business card is not available, employees could instead provide the identifying information verbally. The business card should include the employee’s name and agency, and a telephone number and e-mail address that can be used to contact the agency. Employees who are engaged in agency approved undercover activities, who must take immediate action, or are providing identifying information through a certificate of inspection, notice of violation, or similar document are exempt from the requirements of this bill.
Attachments: 1. Summary of Int. No. 743-A, 2. Summary of Int. No. 743, 3. Int. No. 743, 4. September 29, 2022 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 9-29-22, 6. Minutes of the Stated Meeting - September 29, 2022, 7. Committee Report 6/6/23, 8. Hearing Testimony 6/6/23, 9. Hearing Transcript 6/6/23, 10. Proposed Int. No. 743-A - 9/21/23, 11. Committee Report 9/28/23, 12. Hearing Transcript 9/28/23, 13. Committee Report - Stated Meeting, 14. September 28, 2023 - Stated Meeting Agenda, 15. Hearing Transcript - Stated Meeting 9-28-23, 16. Minutes of the Stated Meeting - September 28, 2023, 17. Int. No. 743-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor, 20. Local Law 141
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
10/31/2023ARafael Salamanca, Jr. City Council Returned Unsigned by Mayor  Action details Meeting details Not available
10/29/2023ARafael Salamanca, Jr. Administration City Charter Rule Adopted  Action details Meeting details Not available
9/28/2023ARafael Salamanca, Jr. City Council Sent to Mayor by Council  Action details Meeting details Not available
9/28/2023ARafael Salamanca, Jr. City Council Approved by CouncilPass Action details Meeting details Not available
9/28/2023*Rafael Salamanca, Jr. Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
9/28/2023*Rafael Salamanca, Jr. Committee on Governmental Operations Amendment Proposed by Comm  Action details Meeting details Not available
9/28/2023*Rafael Salamanca, Jr. Committee on Governmental Operations Amended by Committee  Action details Meeting details Not available
9/28/2023ARafael Salamanca, Jr. Committee on Governmental Operations Approved by CommitteePass Action details Meeting details Not available
6/6/2023*Rafael Salamanca, Jr. Committee on Housing and Buildings Laid Over by Committee  Action details Meeting details Not available
6/6/2023*Rafael Salamanca, Jr. Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
6/6/2023*Rafael Salamanca, Jr. Committee on Governmental Operations Laid Over by Committee  Action details Meeting details Not available
6/6/2023*Rafael Salamanca, Jr. Committee on Governmental Operations Hearing Held by Committee  Action details Meeting details Not available
9/29/2022*Rafael Salamanca, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
9/29/2022*Rafael Salamanca, Jr. City Council Introduced by Council  Action details Meeting details Not available

Int. No. 743-A

 

By Council Members Salamanca, Joseph, Barron, Riley, Farías, Rivera and Gennaro

 

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:

Covered employee. The term “covered employee” means an employee of the city who is authorized to issue a notice of violation on behalf of the city, other than an employee of the police department, a firefighter, or a fire marshal.

Business card. The term “business card” means a pre-printed or handwritten paper containing a covered employee’s identifying information.

Electronic business card. The term “electronic business card” means a digital file or link to a website containing a covered employee’s identifying information.

Identifying information. The term “identifying information” means a covered employee’s name and agency, and a telephone number and e-mail address that can be used to communicate with the agency.

Notice of violation. The term “notice of violation” shall have the same meaning as the definition contained in section 1-112 of this code.

b. Whenever a covered employee, acting in their official capacity, questions a natural person, such covered employee shall respond to a request for identifying information from such person with any of the following forms of identification:

1. A business card;

2. An electronic business card; or

3. Verbal provision of identifying information to such natural person, allowing such person sufficient time to record such information; provided that this form is utilized only when such covered employee is unable to provide such information in any of the other forms authorized by this subdivision or such person is unable to access an electronic business card.

c. Any business card or electronic business card used by a covered employee to comply with this section shall, in addition to identifying information, include a phone number and digital contact information, if applicable, for the agency to receive comments or the 311 customer service center and an indication that such phone number and contact information may be used to submit comments about the encounter between such covered employee and such person.

d. Each agency that employs covered employees shall ensure that covered employees have adequate information and support necessary to comply with subdivision b of this section.

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

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

2. Exigent circumstances require immediate action by such employee; or

3. Such identifying information has been made available to the natural person who requested such information through a certificate of inspection, notice of violation, formal warning, request for corrective action, or similar communication.

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.

 

 

 

 

 

Session 12

NLB/NAB/JG

LS #5759

9/20/23 5:07 PM

 

Session 11

NAB

LS #17100

Int. # 2286-2021