N.Y. Yonkers financial emergency act 103/84 § 8: Functions of the board

§ 8. Functions of the board. 1. In carrying out the purposes of this

act, the board shall perform the following functions:

a. As set forth in section nine of this act, the board shall (i)

consult with the city and the covered organizations in the preparation

of the financial plan, and certify to the city the revenue estimates

approved therein, (ii) prescribe the form of the financial plan and the

supporting information required in connection therewith, and (iii)

exercise the rights of approval, disapproval and modification with

respect to the financial plan, including but not limited to the revenue

estimates contained therein.

b. As set forth in section ten of this act, the board shall establish

and adopt procedures with respect to the deposit of revenues of the city

and the covered organizations in the fund and the disbursement of moneys

from the fund.

c. The board shall, from time to time and to the extent it deems

necessary or desirable in order to accomplish the purposes of this act,

(i) review the operations, management, efficiency and productivity of

such city operations and of such covered organizations or portions

thereof as the board may determine, and make reports thereon; (ii) audit

compliance with the financial plan in such areas as the board may

determine; (iii) recommend to the city and the covered organizations

such measures relating to their operations, management, efficiency and

productivity as it deems appropriate to reduce costs and improve

services so as to advance the purposes of this act; and (iv) obtain

information on the financial condition and needs of the city and the

covered organizations. Nothing herein shall diminish the powers of the

comptroller otherwise provided by law and the board may request the

assistance of the comptroller in the performance of the above functions.

d. The board shall (i) receive from the city and the covered

organizations and from the comptroller, and review, such financial

statements and projections, budgetary data and information, and

management reports and materials as the board deems necessary or

desirable to accomplish the purposes of this act, and (ii) inspect, copy

and audit such books and records of the city and the covered

organizations as the board deems necessary or desirable to accomplish

the purposes of this act.

e. All contracts entered into by the city or any covered organization

must be consistent with the provisions of this act and must comply with

the requirements of the financial plan as approved by the board. With

respect to all contracts or other obligations to be entered into by the

city or any covered organization after May first, nineteen hundred

eighty-four, requiring the payment of funds or the incurring of costs by

the city or any covered organization:

(i) Within twenty days from May 2, 1984, the city manager shall

present to the board proposed regulations respecting the categories and

types of contracts and other obligations required to be reviewed by the

board pursuant to this subdivision. Within thirty days from May 2, 1984,

the board shall approve or modify and approve such proposed regulations

or promulgate its own in the event that such proposed regulations are

not submitted to it within the twenty days as provided for herein. Such

regulation may thereafter be modified by the board from time to time on

not less than thirty days notice to the city manager on or before

December 31, 1991 and thereafter to the mayor and the city manager, or

mayor, respectively, may from time to time propose modifications to the

board. Unless expressly disapproved or modified by the board within

thirty days from the date of submission by the city manager or mayor,

any such proposed regulations or modifications shall be deemed approved

by the board;

(ii) Prior to entering into any contract or other obligation subject

to review of the board under its regulations, the city or any covered

organization shall submit a copy of such contract or other obligation to

the board accompanied by an analysis of the projected costs of such

contract or other obligation and a certification that performance

thereof will be in accordance with the financial plan, all in such form

and with such additional information as the board may prescribe. The

board shall promptly review the terms of such contract or other

obligation and the supporting information in order to determine

compliance with the financial plan;

(iii) The board shall, by order, disapprove any contract or other

obligation reviewed by it only after enactment of a resolution

determining that, in its judgment, the performance of such contract or

other obligation would be inconsistent with the financial plan, and upon

such order the city or covered organization shall not enter into such

contract or other obligation;

(iv) If the board approves the terms of a reviewed contract or other

obligation, the city or covered organization may enter into such

contract or other obligation upon the terms submitted to the board.

Failure of the board to notify the city or covered organization within

thirty days (or such additional time, not exceeding thirty days, as the

board shall have notified the city or covered organization that it

requires to complete its review and analysis) after submission to it of

a contract or other obligation that such contract or other obligation

has been disapproved shall be deemed to constitute board approval

thereof.

f. The board shall review the terms of each proposed long-term and

short-term borrowing by the city and any covered organization to be

effected during the emergency period after May first, nineteen hundred

eighty-four, and no such borrowing shall be made unless it complies with

the provisions of the special fiscal act and is approved by the board.

The board shall consult and coordinate with the comptroller with respect

to the borrowings of the city and any covered organization and shall

receive reports from the comptroller on his review of borrowings by the

city. No covered organization shall be prohibited from issuing bonds or

notes to pay outstanding bonds or notes.

g. The board shall receive quarterly reports from the comptroller

setting forth the debt service requirements on all bonds and notes of

the city and covered organizations for the following quarter.

h. The board shall issue, to the appropriate official of the city and

the covered organization, such orders as it deems necessary to

accomplish the purposes of this act, including but not limited to,

timely and satisfactory implementation of an approved financial plan.

Any order so issued shall be binding upon the official to whom it was

issued and failure to comply with such order shall subject the official

to the penalties described in section twelve of this act.

i. The board shall coordinate with the comptroller with respect to the

performance of its review and monitoring of the revenues and

expenditures of the city and covered organizations.

2. In carrying out its functions under this act, including making its

determination whether to approve or disapprove a financial plan or

financial plan modification of the city, the board shall ensure

compliance by the city with the requirements imposed by the special

fiscal act, and all the requirements of such act shall apply to a

financial plan of the city. Nothing contained in this act shall be

construed to amend, repeal, be inconsistent with, less stringent or less

restrictive than the special fiscal act. If any inconsistencies or

conflicts between this act and the special fiscal act shall result from

the operations of the board or otherwise, the provisions of the special

fiscal act shall control as provided in subdivision (F) of section

fourteen of the special fiscal act.

3. a. Notwithstanding the provisions or limitations of any law,

general, special or local, including the charter of the city of Yonkers,

an impasse panel, arbitrator, collective bargaining board, fact finding

or similar type of panel, body or individual which is authorized to

recommend or award an increase in wages or fringe benefits to any

employee of the city or covered organization shall, in addition to

considering any standard or factor required to be considered by

applicable law, also take into consideration and accord substantial

weight to the financial ability of the city or covered organization to

pay the cost of such increase in wages or fringe benefits.

b. Any determination pursuant to article eight of the labor law or any

agreement or stipulation entered into in lieu thereof which provides for

an increase in wages or fringe benefits of any employee of the city or

covered organization shall, in addition to considering any standard or

factor required to be considered by applicable law, also take into

consideration and accord substantial weight to the financial ability of

the city or covered organization to pay the cost of such increase in

wages or fringe benefits.

c. Any party to a proceeding before a panel, body or individual as

described in paragraph a or b of this subdivision may commence a special

proceeding in the appellate division, second department, supreme court,

state of New York, to review the determination as to the city or covered

organization's financial ability to pay. Such proceeding shall be

commenced not later than thirty days after the final determination has

been made by the panel, body or individual. Such proceeding shall have

preference over all other cases in such appellate division, other than

cases relating to the election law.

d. The court shall make a de novo review of the record solely for the

purpose of determining whether an award of an increase in wages or

fringe benefits was within the city's or covered organization's

financial ability to pay. The court's findings as to such issue shall be

based upon a preponderance of all the evidence set forth in the record.

Unless the parties stipulate otherwise, arguments or submission shall be

had within fifteen days after commencement of the special proceeding and

the court shall render its decision within fifteen days thereafter. All

questions, other than the question relating to the determination, shall

be reviewed by the appellate division in the same proceeding in the

manner provided by article seventy-five or seventy-eight of the civil

practice law and rules as may be appropriate, notwithstanding that the

issue would otherwise have been cognizable in the first instance before

a special or trial term of the supreme court. If an appeal shall

otherwise lie from such determination of the appellate division to the

court of appeals, notice of such appeal shall be filed within thirty

days after the entry of the final order or judgment of the appellate

division if such appeal is of right or within ten days after entry of an

order granting leave to appeal, and such appeal shall have preference

over all other appeals other than appeals relating to the election law.

e. At any stage of any proceeding under paragraph a, b or c hereof or

any appeal from an order or judgment therefrom the board may intervene

as a party on the issue of the financial ability of the city or covered

organization to pay the cost of an increase in wages or fringe benefits.

f. For the purposes of this subdivision, financial ability to pay

shall mean the financial ability of the city or covered organization to

pay the cost of any increase in wages or fringe benefits without

requiring an increase in the level of city taxes as approved in the

financial plan of the city in effect at the time of the commencement of

a proceeding under paragraph a or b hereof.