§ 4-11 Hearings on Borough President Complaints.
RCNY § 4-11
(a)Borough president contract evaluation. A Borough President may receive information concerning the delivery of services in the borough pursuant to a contract with the City or an agency of the City.
(b)Finding by borough president. If a Borough President determines there is reason to believe a term or condition of a contract providing for the delivery of services in the borough is not being complied with, he or she shall set forth in writing the facts which form the basis of that determination, and shall state a recommendation concerning whether one of the following courses of action should be taken by the agency administering the contract: (1) the contract should be terminated for noncompliance; (2) the terms and conditions of the contract should be modified prior to the expiration of its term where the contract provides for such modification or the contractor consents; (3) the contract should be allowed to continue in effect during its term, but should not be renewed upon the expiration of its term; (4) the contract should be allowed to continue in effect during its term, but the terms and conditions of the contract should be modified at the time of renewal; or (5) the existing terms of the contract should be enforced in some manner by the agency administering the contract.
(c)Transmittal of determination. The Borough President shall transmit to the Agency Head of the agency administering the contract a copy of the determination and recommendation made pursuant to 9 RCNY § 4-11(b).
(d)Time period for recommendation affecting renewal of contract. In the case of a recommendation that a contract should not be renewed or should be modified at the time of renewal, such recommendation shall be made to the Agency Head at least one hundred and twenty days prior to the expiration of the contract.
(e)Agency head response. The Agency Head shall make a written response to the Borough President's findings and recommendation within ten days from receipt of such findings, indicating what action, if any, shall be taken by the agency.
(f)Contract performance panel hearing. If action determined by the Agency Head is not satisfactory to the Borough President, the Borough President may, within thirty days of receipt of such response, require that a hearing be held in the borough pursuant to this subdivision.
(1)Within ten days of receipt of the Agency Head response, the Borough President shall deliver to the Public Advocate, the Comptroller, and the Mayor, a demand that a hearing in the borough be held on the subject of the contract. The Borough President shall fix a time and place within the borough for a hearing on the subject.
(2)Within ten days of submission of the demand of the Borough President, the Public Advocate, the Comptroller, and the Mayor shall designate persons to receive the testimony of the Borough President and other interested persons on the Borough President's recommendations.
(3)Unless otherwise agreed to by the Borough President, the hearing shall be held within twenty days from receipt of the demand of the Borough President.
(4)The Agency Head which procured the services in question, or a designee of such Agency Head, and the contractor whose performance is being evaluated, shall have the right, and it shall be their duty when requested by the panel, to appear and be heard.
(5)The hearing shall be open to the public, and there shall be an audiotape or transcript made of the proceedings.
(6)The hearing may be continued from day to day as deemed necessary and appropriate in the discretion of the panel. It shall be the panel's duty to ensure that the hearing is expeditious and not unduly prolonged and in no event shall the hearing continue past the fortieth business day after receipt of the Borough President's demand for a hearing.
(g)Panel recommendations. Within thirty days of the conclusion of such hearing, the panel shall make a determination recommending such action as it deems appropriate. The panel shall promptly deliver its recommendation in writing to the Agency Head, Borough President, and contractor.
(h)Agency head response. Within thirty days of receipt of the panel's recommendation, the Agency Head shall respond in writing to the panel and the Borough President, indicating which, if any, of the panel's recommendations shall be acted upon and what, if any, alternative action will be taken.
(i)Multiple borough president complaints. In the case of any contract as to which more than one Borough President has submitted a determination in accordance with subdivision (b) of this section, the agency receiving such determinations shall provide to each such Borough President a copy of the agency response submitted in accordance with subdivision (e) of this section. If more than one Borough President in such a case shall demand a hearing, only one hearing shall be held, at a time and place to be determined by the Borough Presidents. If a hearing is held, it shall include the comments of all such Borough Presidents.
