§ 1-03 The Board.
RCNY § 1-03
(a)The Board is nonpartisan.
(i)Pursuant to § 3-708 of the Code, the Board consists of five members. (A) Two Board members are appointed by the Speaker of the City Council ("Speaker"). No more than one of them shall be enrolled in any one political party. (B) Two Board members are appointed by the Mayor. No more than one of them shall be enrolled in any one political party. (C) The chair of the Board is appointed by the Mayor in consultation with the Speaker.
(ii)The Board shall conduct all its activities in a strictly nonpartisan manner.
(b)Board members and staff are governed by ethical standards.
(iii)Additional city ethical guidelines. Board members and staff are subject to the standards set forth in Chapter 68 of the Charter.
(c)Board administration of the Fund. To safeguard the administration of the Fund and assure candidates that sufficient public funds will be available to make all payments required by the Act in upcoming elections, the Board shall: (i) make budget requests for the Fund sufficient to cover all anticipated Fund obligations in the upcoming fiscal year and to maintain a reserve for contingencies; (ii) when it has determined that monies in the Fund are insufficient or likely to be insufficient for payments to candidates, report this determination to the Commissioner of Finance and provide its estimate of the additional amount which will be necessary to make such payments pursuant to the Act (together with a detailed statement of the assumptions and methodologies on which the estimate is based), as required by Section 1052(a)(10) of the Charter, not more than four days after which the Commissioner of Finance is required by Section 1052(a)(10) of the Charter to transfer an amount equal to the Board's estimate from the city's general fund to the Fund; (iii) take steps to ensure that the Fund is maintained in a separate account, credited with all sums appropriated therefor and all earnings accruing thereon, in the custody of the comptroller on behalf of the Board, as required by Section 1052(a)(10) of the Charter; (iv) take steps to ensure that the Fund and its administration are insulated from the risk of improper action by any city official or agency or any agent or contractor thereof; (v) subject the Fund to periodic audits by independent outside auditors; and (vi) take such other actions as are necessary and proper to ensure the integrity of the Fund.
(d)Advisory opinions. Upon the written request of a candidate or any other individual or entity, the Board shall issue an advisory opinion interpreting the Act and these rules, or otherwise respond in writing to the request, within 30 days of receipt of such request, or within 10 business days of receipt if such request is received less than 30 days before a covered election, to the extent practicable. At its discretion, the Board may issue advisory opinions in the absence of a request. The Board shall make public its advisory opinions and the questions of interpretation for which advisory opinions will be considered by the Board, including by publication on its website.
(e)Public petitions for rulemaking.
