§ 1-03 Administration

§ 1-03.1 Administrative Authority

Under the direction of the Board, administrative authority is vested in the following individuals:

1. Executive Director: Subject to Charter §§ 660 (Executive director of standards and appeals) and §§ 661 (Staff, powers and duties) and these Rules, the executive director is vested with the administrative authority to manage the functions of the office, including hiring and supervising employees, overseeing the Board's hearing calendar and Bulletin, and performing other duties as directed by the Chair.


2. General Counsel: Subject to these Rules, the general counsel will provide legal guidance to the Board, supervise the drafting of all Board resolutions, legal opinions and documents, serve as legal liaison to other city agencies, and perform other duties as directed by the Chair.


3. Examiners: Subject to these Rules and under the supervision of the executive director, the examination staff will review all applications, draft and distribute notices of comments to applicants, serve as liaison to the public on specific applications, and perform other duties as directed by the executive director.

§ 1-03.2 Committees

The Chair, or in the absence of the Chair, the Vice Chair, will when deemed necessary designate committees composed of commissioners, or commissioners and staff, including site inspection committees, subject to § 1-10.3 of these Rules.

§ 1-03.3 Reports

The Chair, the Vice Chair, commissioners, the executive director, and general counsel will report at executive or business sessions all pertinent information that would not otherwise come to the attention of the Board.

§ 1-03.4 Correspondence

The Chair, executive director, or general counsel will sign official correspondence relating to administrative matters or previous Board decisions. The executive director, general counsel, or staff designated by the Chair will sign official correspondence relating to any application.

§ 1-03.5 Conduct of Commissioners

Commissioners will observe exemplary standards of conduct to ensure that the integrity and independence of the Board will be preserved and, in so doing, will act in a manner that promotes public confidence.

1. Commissioners will not initiate, permit, or consider communications concerning a pending application that are made outside a public hearing or review session or otherwise not included in the record without prior authorization of the general counsel, except that:
   
   
   1. Communications that are made for scheduling or administrative purposes and that do not affect a substantial right of any party are authorized;
   
   
   2. Commissioners may consult with the executive director, the general counsel, examiners, other staff, and other Board commissioners to the extent permitted by the New York State Public Officers Law § 100, et seq. ("Open Meetings Law"); and
   
   
   3. Commissioners may initiate or consider any other communications when directed by the general counsel or required by law to do so.


2. Commissioners will not accept any award, plaque, gift, benefit or thing of value that would result in or create the appearance of:
   
   
   1. giving preferential treatment to any person or entity;
   
   
   2. losing or affecting their independence or impartiality; or
   
   
   3. accepting or having accepted such item in exchange for being considered when rendering a decision.

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