§ 1-14 Official Fundraising.
RCNY § 1-14
(a)For purposes of Section 2604(b)(2) of the Charter and Section 2604(b)(3) of the Charter, a public servant may use his or her position as a public servant to solicit a donation provided that all of the following conditions are met: (1) The solicitation seeks a donation for one of the following: (i) the City agency or office served by the public servant; (ii) another City agency or office designated by the public servant's agency head, with the written approval of the head of the other agency or office; (iii) a not-for-profit organization subject to Chapter 9 of Title 3 of the Administrative Code over which the public servant's agency head exercises control as part of his or her City position; or (iv) a not-for-profit organization designated by the public servant's agency head pursuant to Subdivision (b) of this section, provided that the public servant is not associated, within the meaning of Section 2601(5) of the Charter, with the organization or an employee of the organization.
(2)The solicitation is directed either to the general public or to an individual or firm that does not have a particular matter pending before the public servant.
(3)The solicitation is accompanied by a disclaimer that a contribution will not affect any business dealings with the City or provide special access to City officials.
(b)An agency head may designate in writing one or more not-for-profit organizations for solicitations made by agency or office employees pursuant to Subdivision (a) of this section, provided that both of the following conditions are met: (1) the not-for-profit organization has a clear and direct nexus to the City and its residents and with the mission or duties of the City agency or office; and (2) the agency head is not associated, within the meaning of Section 2601(5) of the Charter, with the organization or an employee of the organization.
(c)Pursuant to Section 2604(b)(2) of the Charter, each agency head must report to the Board annually by February 28: (1) the name of any individual or firm that made one or more donations totaling $5,000 or more to the agency during the previous calendar year, the total amount of these donations, and whether the donation was cash or an in-kind donation; and (2) the name of any not-for-profit organization designated by the agency head pursuant to Subdivision (b) of this section for which agency employees solicited donations during the previous calendar year.
(d)An agency head may submit to the Board a written request that disclosure, pursuant to Subdivision (c)(1) of this section, of one or more of its donors and/or the amount of donation not be made public. The written request must be submitted no later than January 31 for the previous calendar year and must explain why the release of such information to the public may cause harm, threats, harassment, or reprisals to the donor or to individuals or property affiliated with the donor. Whether or not an agency head has submitted a request pursuant to this subdivision, the Board may on its own initiative grant privacy as to any information submitted by an agency head, upon a finding by the Board that the release of such information would pose a risk to the safety or security of any person.
(e)For purposes of this section, an elected official, including a District Attorney, is the agency head of the staff members in his or her office. The Speaker of the New York City Council is the agency head of the central staff of Council, and a Council Member is the agency head of the staff of his or her office. (Added City Record 5/17/2019, eff. 6/16/2019) Editor's note: Former section renumbered as 53 RCNY § 4-03.
