§ 4-04 Contract Filers.
RCNY § 4-04
(a)Public servants required to file an annual disclosure report pursuant to Administrative Code § 12-110 b.3.(a)(4) include, but are not limited to, those who during the preceding calendar year held the title of agency chief contracting officer, deputy agency chief contracting officer, chief financial officer, or chief operations officer or who, except as provided in subdivisions (b) or (c) of this section, did one or more of the following: (1) Procurement or Concessions. Pursuant to Procurement Policy Board Rules, Franchise and Concession Review Committee Rules, or other similar City or State law, policy, or rule: (i) Conducted a presolicitation review to define the existing market for the goods, services, or construction required, estimate the expected cost, or determine the most appropriate method of procurement; (ii) Was substantially involved in determining the material specifications of an invitation for bids, request for proposals, or other similar solicitation method for goods, services, construction, or a concession; (iii) Approved an invitation for bids, request for proposals, or other similar solicitation method for goods, services, construction, or a concession; (iv) Evaluated a bid or proposal, including but not limited to serving on a selection committee; or (v) Negotiated or approved: a contract, including its material terms; contract amendment; change order; task order; modification; renewal; or buy-against contract.
(2)Franchises. Pursuant to Charter § 363, or other similar City or State law, policy, or rule, approved a franchise authorizing resolution or agreement.
(3)Real Property Leases. Pursuant to Charter § 381 or § 384 or other similar City or State law, policy, or rule, negotiated or approved the purchase, lease, or sale of real property.
(4)Revocable Consents. Pursuant to Charter § 364 or other City or State law, policy, or rule: (i) Determined that a petition for a revocable consent could proceed in compliance with applicable requirements; or (ii) Approved a revocable consent plan or agreement.
(5)Zoning. Pursuant to the Uniform Land Use Review Procedure, approved an application for a change to the zoning resolution, a variance, or a special permit.
(b)The following matters shall not be considered “contracts, leases, franchises, revocable consents, concessions” or “applications for zoning changes, variances and special permits” within the meaning of Administrative Code § 12-110 b.3.(a)(4): (1) Procurements under the micropurchase limit, such as retail goods purchased with a City-issued Purchasing Card; (2) Certification that an as-of-right development satisfies zoning regulations; (3) Acceptance of gifts to the City; or (4) Settlement of legal claims against the City.
(c)Public servants, other than those identified by title in subdivision (a), are not required to file an annual disclosure report pursuant to Administrative Code § 12-110 b.3.(a)(4) if the only work they performed on contracts, procurement, concessions, franchises, real property leases, revocable consents, or zoning during the preceding calendar year was that they: (1) Developed general policies, rules, or regulations; (2) Provided legal advice without negotiating or determining a contract’s substantive content, including by ensuring that the content of the contract is implemented in a valid legal agreement or by incorporating an agency’s standard contract terms and conditions; (3) Recommended a contract be awarded without any involvement in the conduct identified in subdivision (a); or (4) Performed ministerial tasks, including clerical tasks such as typing, filing, or distributing materials. (Renumbered from former 53 RCNY § 1-15, City Record 12/21/2018, eff. 1/20/2019; section repealed and replaced, City Record 9/9/2025, eff. 10/9/2025)
