Legislation
SECTION 11
Prohibitions; penalties
NYS Financial Emergency Act for the city of NY 868/75 (FEA) CHAPTER 0
* § 11. Prohibitions; penalties. 1. During a control period, (i) no
officer or employee of the city or of any of the covered organizations
shall make or authorize an obligation or other liability in excess of
the amount available therefor under the financial plan as then in
effect; (ii) no officer or employee of the city or of any of the covered
organizations shall involve the city or any of the covered organizations
in any contract or other obligation or liability for the payment of
money for any purpose required to be approved by the board unless such
contract, obligation or liability has been so approved or deemed to be
approved as provided in paragraphs e and f of subdivision one of section
seven and unless such contract or obligation or liability is in
compliance with the financial plan as then in effect.
2. No officer or employee of the city or any of the covered
organizations shall take any action in violation of any valid order of
the board or shall fail or refuse to take any action required by any
such order or shall prepare, present or certify any information
(including any projections or estimates) or report for the board or any
of its agents that is false or misleading, or, upon learning that any
such information is false or misleading, shall fail promptly to advise
the board or its agents thereof.
3. In addition to any penalty or liability under other law, any
officer or employee of the city or any of the covered organizations who
shall knowingly and willfully violate subdivision one or two of this
section shall be subject to appropriate administrative discipline,
including, when circumstances warrant, suspension from duty without pay
or removal from office by order of either the governor or the mayor and
shall, upon conviction, be guilty of a misdemeanor.
4. In the case of a violation of subdivision one or two of this
section by an officer or employee of the city or any of the covered
organizations, the mayor or the chief executive officer of such covered
organization shall immediately report to the board all pertinent facts
together with a statement of the action taken thereon.
* Terminates July 1, 2008 or ... see § 13
officer or employee of the city or of any of the covered organizations
shall make or authorize an obligation or other liability in excess of
the amount available therefor under the financial plan as then in
effect; (ii) no officer or employee of the city or of any of the covered
organizations shall involve the city or any of the covered organizations
in any contract or other obligation or liability for the payment of
money for any purpose required to be approved by the board unless such
contract, obligation or liability has been so approved or deemed to be
approved as provided in paragraphs e and f of subdivision one of section
seven and unless such contract or obligation or liability is in
compliance with the financial plan as then in effect.
2. No officer or employee of the city or any of the covered
organizations shall take any action in violation of any valid order of
the board or shall fail or refuse to take any action required by any
such order or shall prepare, present or certify any information
(including any projections or estimates) or report for the board or any
of its agents that is false or misleading, or, upon learning that any
such information is false or misleading, shall fail promptly to advise
the board or its agents thereof.
3. In addition to any penalty or liability under other law, any
officer or employee of the city or any of the covered organizations who
shall knowingly and willfully violate subdivision one or two of this
section shall be subject to appropriate administrative discipline,
including, when circumstances warrant, suspension from duty without pay
or removal from office by order of either the governor or the mayor and
shall, upon conviction, be guilty of a misdemeanor.
4. In the case of a violation of subdivision one or two of this
section by an officer or employee of the city or any of the covered
organizations, the mayor or the chief executive officer of such covered
organization shall immediately report to the board all pertinent facts
together with a statement of the action taken thereon.
* Terminates July 1, 2008 or ... see § 13