§ 3-03. Factors by which the Board Will Determine Whether an Entity is Affiliated with an Elected Official.
RCNY § 3-03.
For purposes of Administrative Code § 3-901, in determining whether a person holding office as Mayor, Comptroller, Public Advocate, Borough President or member of the Council, or an agent or appointee of such a person, exercises control over a non-profit entity, the Board will consider the totality of the circumstances by weighing each of the following individual factors: (a) whether the organization was created by a person currently holding office as Mayor, Comptroller, Public Advocate, Borough President, or member of the Council, or an agent of such official, or by an individual who was previously employed by, or was a paid political consultant of, the elected official, and, if so, how recently such organization was created; (b) whether the board of the organization is chaired by such an elected official or the official's agent; (c) whether board members are appointed by such an elected official or the official's agent or only upon nomination of other individuals or entities that are not agents of such elected official; (d) whether board members serve for fixed terms or can be removed without cause by an elected official or the official's agent; (e) the degree of involvement or direction by such an elected official or the official's agent in such organization's policies, operations, and activities; (f) the degree to which public servants, acting under the authority or direction of the elected official or an agent of the elected official, perform duties on behalf of the organization as part of their official City employment; (g) whether the purpose of the organization advances either the mission of a City agency under the control of the elected official or the political or policy interests of the elected official; and (h) whether more than one elected official serves on the board of the organization. (Added City Record 2/14/2018, eff. 2/14/2018; amended City Record 5/17/2019, eff. 6/16/2019)
