§ 8 — Functions of the board

§ 8. Functions of the board. 1. In carrying out the purposes of this\nact, the board shall perform the following functions:\n a. As set forth in section nine of this act, the board shall (i)\nconsult with the city and the covered organizations in the preparation\nof the financial plan, and certify to the city the revenue estimates\napproved therein, (ii) prescribe the form of the financial plan and the\nsupporting information required in connection therewith, and (iii)\nexercise the rights of approval, disapproval and modification with\nrespect to the financial plan, including but not limited to the revenue\nestimates contained therein.\n b. As set forth in section ten of this act, the board shall establish\nand adopt procedures with respect to the deposit of revenues of the city\nand the covered organizations in the fund and the disbursement of moneys\nfrom the fund.\n c. The board shall, from time to time and to the extent it deems\nnecessary or desirable in order to accomplish the purposes of this act,\n(i) review the operations, management, efficiency and productivity of\nsuch city operations and of such covered organizations or portions\nthereof as the board may determine, and make reports thereon; (ii) audit\ncompliance with the financial plan in such areas as the board may\ndetermine; (iii) recommend to the city and the covered organizations\nsuch measures relating to their operations, management, efficiency and\nproductivity as it deems appropriate to reduce costs and improve\nservices so as to advance the purposes of this act; and (iv) obtain\ninformation on the financial condition and needs of the city and the\ncovered organizations. Nothing herein shall diminish the powers of the\ncomptroller otherwise provided by law and the board may request the\nassistance of the comptroller in the performance of the above functions.\n d. The board shall (i) receive from the city and the covered\norganizations and from the comptroller, and review, such financial\nstatements and projections, budgetary data and information, and\nmanagement reports and materials as the board deems necessary or\ndesirable to accomplish the purposes of this act, and (ii) inspect, copy\nand audit such books and records of the city and the covered\norganizations as the board deems necessary or desirable to accomplish\nthe purposes of this act.\n e. All contracts entered into by the city or any covered organization\nmust be consistent with the provisions of this act and must comply with\nthe requirements of the financial plan as approved by the board. With\nrespect to all contracts or other obligations to be entered into by the\ncity or any covered organization after May first, nineteen hundred\neighty-four, requiring the payment of funds or the incurring of costs by\nthe city or any covered organization:\n (i) Within twenty days from May 2, 1984, the city manager shall\npresent to the board proposed regulations respecting the categories and\ntypes of contracts and other obligations required to be reviewed by the\nboard pursuant to this subdivision. Within thirty days from May 2, 1984,\nthe board shall approve or modify and approve such proposed regulations\nor promulgate its own in the event that such proposed regulations are\nnot submitted to it within the twenty days as provided for herein. Such\nregulation may thereafter be modified by the board from time to time on\nnot less than thirty days notice to the city manager on or before\nDecember 31, 1991 and thereafter to the mayor and the city manager, or\nmayor, respectively, may from time to time propose modifications to the\nboard. Unless expressly disapproved or modified by the board within\nthirty days from the date of submission by the city manager or mayor,\nany such proposed regulations or modifications shall be deemed approved\nby the board;\n (ii) Prior to entering into any contract or other obligation subject\nto review of the board under its regulations, the city or any covered\norganization shall submit a copy of such contract or other obligation to\nthe board accompanied by an analysis of the projected costs of such\ncontract or other obligation and a certification that performance\nthereof will be in accordance with the financial plan, all in such form\nand with such additional information as the board may prescribe. The\nboard shall promptly review the terms of such contract or other\nobligation and the supporting information in order to determine\ncompliance with the financial plan;\n (iii) The board shall, by order, disapprove any contract or other\nobligation reviewed by it only after enactment of a resolution\ndetermining that, in its judgment, the performance of such contract or\nother obligation would be inconsistent with the financial plan, and upon\nsuch order the city or covered organization shall not enter into such\ncontract or other obligation;\n (iv) If the board approves the terms of a reviewed contract or other\nobligation, the city or covered organization may enter into such\ncontract or other obligation upon the terms submitted to the board.\nFailure of the board to notify the city or covered organization within\nthirty days (or such additional time, not exceeding thirty days, as the\nboard shall have notified the city or covered organization that it\nrequires to complete its review and analysis) after submission to it of\na contract or other obligation that such contract or other obligation\nhas been disapproved shall be deemed to constitute board approval\nthereof.\n f. The board shall review the terms of each proposed long-term and\nshort-term borrowing by the city and any covered organization to be\neffected during the emergency period after May first, nineteen hundred\neighty-four, and no such borrowing shall be made unless it complies with\nthe provisions of the special fiscal act and is approved by the board.\nThe board shall consult and coordinate with the comptroller with respect\nto the borrowings of the city and any covered organization and shall\nreceive reports from the comptroller on his review of borrowings by the\ncity. No covered organization shall be prohibited from issuing bonds or\nnotes to pay outstanding bonds or notes.\n g. The board shall receive quarterly reports from the comptroller\nsetting forth the debt service requirements on all bonds and notes of\nthe city and covered organizations for the following quarter.\n h. The board shall issue, to the appropriate official of the city and\nthe covered organization, such orders as it deems necessary to\naccomplish the purposes of this act, including but not limited to,\ntimely and satisfactory implementation of an approved financial plan.\nAny order so issued shall be binding upon the official to whom it was\nissued and failure to comply with such order shall subject the official\nto the penalties described in section twelve of this act.\n i. The board shall coordinate with the comptroller with respect to the\nperformance of its review and monitoring of the revenues and\nexpenditures of the city and covered organizations.\n 2. In carrying out its functions under this act, including making its\ndetermination whether to approve or disapprove a financial plan or\nfinancial plan modification of the city, the board shall ensure\ncompliance by the city with the requirements imposed by the special\nfiscal act, and all the requirements of such act shall apply to a\nfinancial plan of the city. Nothing contained in this act shall be\nconstrued to amend, repeal, be inconsistent with, less stringent or less\nrestrictive than the special fiscal act. If any inconsistencies or\nconflicts between this act and the special fiscal act shall result from\nthe operations of the board or otherwise, the provisions of the special\nfiscal act shall control as provided in subdivision (F) of section\nfourteen of the special fiscal act.\n 3. a. Notwithstanding the provisions or limitations of any law,\ngeneral, special or local, including the charter of the city of Yonkers,\nan impasse panel, arbitrator, collective bargaining board, fact finding\nor similar type of panel, body or individual which is authorized to\nrecommend or award an increase in wages or fringe benefits to any\nemployee of the city or covered organization shall, in addition to\nconsidering any standard or factor required to be considered by\napplicable law, also take into consideration and accord substantial\nweight to the financial ability of the city or covered organization to\npay the cost of such increase in wages or fringe benefits.\n b. Any determination pursuant to article eight of the labor law or any\nagreement or stipulation entered into in lieu thereof which provides for\nan increase in wages or fringe benefits of any employee of the city or\ncovered organization shall, in addition to considering any standard or\nfactor required to be considered by applicable law, also take into\nconsideration and accord substantial weight to the financial ability of\nthe city or covered organization to pay the cost of such increase in\nwages or fringe benefits.\n c. Any party to a proceeding before a panel, body or individual as\ndescribed in paragraph a or b of this subdivision may commence a special\nproceeding in the appellate division, second department, supreme court,\nstate of New York, to review the determination as to the city or covered\norganization's financial ability to pay. Such proceeding shall be\ncommenced not later than thirty days after the final determination has\nbeen made by the panel, body or individual. Such proceeding shall have\npreference over all other cases in such appellate division, other than\ncases relating to the election law.\n d. The court shall make a de novo review of the record solely for the\npurpose of determining whether an award of an increase in wages or\nfringe benefits was within the city's or covered organization's\nfinancial ability to pay. The court's findings as to such issue shall be\nbased upon a preponderance of all the evidence set forth in the record.\nUnless the parties stipulate otherwise, arguments or submission shall be\nhad within fifteen days after commencement of the special proceeding and\nthe court shall render its decision within fifteen days thereafter. All\nquestions, other than the question relating to the determination, shall\nbe reviewed by the appellate division in the same proceeding in the\nmanner provided by article seventy-five or seventy-eight of the civil\npractice law and rules as may be appropriate, notwithstanding that the\nissue would otherwise have been cognizable in the first instance before\na special or trial term of the supreme court. If an appeal shall\notherwise lie from such determination of the appellate division to the\ncourt of appeals, notice of such appeal shall be filed within thirty\ndays after the entry of the final order or judgment of the appellate\ndivision if such appeal is of right or within ten days after entry of an\norder granting leave to appeal, and such appeal shall have preference\nover all other appeals other than appeals relating to the election law.\n e. At any stage of any proceeding under paragraph a, b or c hereof or\nany appeal from an order or judgment therefrom the board may intervene\nas a party on the issue of the financial ability of the city or covered\norganization to pay the cost of an increase in wages or fringe benefits.\n f. For the purposes of this subdivision, financial ability to pay\nshall mean the financial ability of the city or covered organization to\npay the cost of any increase in wages or fringe benefits without\nrequiring an increase in the level of city taxes as approved in the\nfinancial plan of the city in effect at the time of the commencement of\na proceeding under paragraph a or b hereof.\n