§ 3-01. Definitions.
RCNY § 3-01.
For purposes of this chapter, the following terms have these meanings: (a) Doing Business Database. "Doing Business Database" means the Doing Business Database as defined in Administrative Code § 3-702.
(b)Donation. "Donation" means any contribution from a non-governmental source, including in-kind donations, gifts, loans, advances or deposits of money, or anything of value.
(c)Elected official. "Elected official" means a person holding office as Mayor, Comptroller, Public Advocate, Borough President or member of the Council.
(d)Elected official communication.
(1)An "elected official communication" means a communication that includes the name, voice, or likeness of the elected official with whom the entity making such communication is affiliated and that is in the form of: (i) radio, television, cable, or satellite broadcast; (ii) printed material such as advertisements, pamphlets, circulars, flyers, brochures, or letters; (iii) telephone communication; or (iv) paid internet advertising.
(2)An elected official communication does not include: (i) communications with a professional journalist or newscaster, including an editorial board or editorial or opinion writer of a newspaper, magazine, news agency, press association, or wire service; or (ii) a communication that is: (A) directed, sent, or distributed by the distributing organization only to individuals who affirmatively consent to be members of the distributing organization, contribute funds to the distributing organization, or, pursuant to the distributing organization's articles or bylaws, have the right to vote directly or indirectly for the election of directors or officers, or on changes to bylaws, disposition of all or substantially all of the distributing entity's assets or the merger or dissolution of the distributing entity; or (B) for the purpose of promoting or staging any candidate debate, town hall, or similar forum to which at least two candidates seeking the same office, or two proponents of differing positions on a referendum or question submitted to voters, are invited as participants, and which does not promote or advance one candidate or position over another.
(e)Household member. "Household member" means a person's spouse or domestic partner and unemancipated children.
(f)In-kind donation. "In-kind donation" to an organization affiliated with an elected official in this Chapter means: (1) any gift, loan, advance of, or payment for, anything of value, other than money, made to or for the organization by a non-governmental source; or (2) the payment by any non-governmental source for the personal services of another person that is provided to an organization affiliated with an elected official without charge to the organization. "In-kind donation" does not include personal services provided without compensation by individuals volunteering their time on behalf of the organization on matters outside of their professional expertise.
(g)Organization affiliated with an elected official. "Organization affiliated with an elected official" means: (1) a non-profit entity other than an agency, public authority, public benefit corporation, or local development corporation; (2) which has received at least one donation in the previous or current calendar year; and (3) over which a person holding office as Mayor, Comptroller, Public Advocate, Borough President or Member of the Council, or an agent of such a person, which shall include an appointee of such person serving at the pleasure of such person, exercises control. There shall be a rebuttable presumption of control by an elected official where such official, or such an agent, appoints a majority of seats on the board of the entity (not including appointees nominated by another individual or entity that is not such an agent of the elected official), or is a principal officer of the entity. Principal committees and political committees, as those terms are defined in Administrative Code § 3-702, are not organizations affiliated with an elected official.
(h)Principal officers. "Principal officer" means an organization's executive director, chief financial officer, and chief development officer, or the organization's three executive staff members who perform equivalent duties.
(i)Restricted organization. "Restricted organization" means an organization affiliated with an elected official that accepted a donation and either: (1) spent at least 10% of its expenditures on elected official communications in the calendar year it accepted the donation; or (2) reasonably expects to spend at least 10% of its expenditures on elected official communications in the calendar year after it accepted the donation.
(j)Spend. "Spend" means to spend or to cause to be spent.
(k)Unrestricted organization. "Unrestricted organization" means an organization affiliated with an elected official that accepted a donation and satisfies both of the following conditions: (1) the organization did not spend at least 10% of its expenditures on elected official communications in the calendar year it accepted the donation and (2) the organization does not reasonably expect to spend at least 10% of its expenditures on elected official communications in the calendar year after it accepted the donation. (Added City Record 2/14/2018, eff. 2/14/2018)
