§ 1-03 — The Board

§ 1-03 The Board.

(a) The Board is nonpartisan. (i) Pursuant to § 3-708 of the Code, the Board consists of five members. (A) Two Board members are appointed by the Speaker of the City Council ("Speaker"). No more than one of them shall be enrolled in any one political party. (B) Two Board members are appointed by the Mayor. No more than one of them shall be enrolled in any one political party. (C) The chair of the Board is appointed by the Mayor in consultation with the Speaker. (ii) The Board shall conduct all its activities in a strictly nonpartisan manner. (b) Board members and staff are governed by ethical standards. (i) The Act and the Charter. Board members and staff are subject to the standards set forth in the Act and in Chapter 46 of the Charter. (ii) Ethical guidelines. The Board shall establish and publish ethical guidelines governing the conduct of its members and staff. (iii) Additional city ethical guidelines. Board members and staff are subject to the standards set forth in Chapter 68 of the Charter. (c) Board administration of the Fund. To safeguard the administration of the Fund and assure candidates that sufficient public funds will be available to make all payments required by the Act in upcoming elections, the Board shall: (i) make budget requests for the Fund sufficient to cover all anticipated Fund obligations in the upcoming fiscal year and to maintain a reserve for contingencies; (ii) when it has determined that monies in the Fund are insufficient or likely to be insufficient for payments to candidates, report this determination to the Commissioner of Finance and provide its estimate of the additional amount which will be necessary to make such payments pursuant to the Act (together with a detailed statement of the assumptions and methodologies on which the estimate is based), as required by Section 1052(a)(10) of the Charter, not more than four days after which the Commissioner of Finance is required by Section 1052(a)(10) of the Charter to transfer an amount equal to the Board's estimate from the city's general fund to the Fund; (iii) take steps to ensure that the Fund is maintained in a separate account, credited with all sums appropriated therefor and all earnings accruing thereon, in the custody of the comptroller on behalf of the Board, as required by Section 1052(a)(10) of the Charter; (iv) take steps to ensure that the Fund and its administration are insulated from the risk of improper action by any city official or agency or any agent or contractor thereof; (v) subject the Fund to periodic audits by independent outside auditors; and (vi) take such other actions as are necessary and proper to ensure the integrity of the Fund. (d) Advisory opinions. Upon the written request of a candidate or any other individual or entity, the Board shall issue an advisory opinion interpreting the Act and these rules, or otherwise respond in writing to the request, within 30 days of receipt of such request, or within 10 business days of receipt if such request is received less than 30 days before a covered election, to the extent practicable. At its discretion, the Board may issue advisory opinions in the absence of a request. The Board shall make public its advisory opinions and the questions of interpretation for which advisory opinions will be considered by the Board, including by publication on its website. (e) Public petitions for rulemaking. (i) Procedures for submitting petitions. (A) Any individual or entity may petition the Board to consider the adoption of a rule. The request must be sent to the Executive Director and contain the following information: (1) the rule to be considered, with proposed language for adoption; (2) a statement of the Board's authority to promulgate the rule and its purpose; (3) arguments in support of adoption of the rule; (4) the period of time the rule should be in effect; and (5) the name, address, telephone number, and signature of the petitioner or the petitioner's authorized representative. (B) Any change in the information provided pursuant to clause (5) of subparagraph (A) must be communicated promptly in writing to the Executive Director. (C) All requests should be typewritten or submitted electronically, if possible, but handwritten petitions will be accepted, provided they are legible. (ii) Responses to petitions. Within 60 days from the date the petition was received, the Board shall either deny such petition in a written statement containing the reasons for denial, or shall state in writing the Board's intention to grant the petition and to initiate rulemaking by a specified date. In proceeding with such rulemaking, the Board shall not be bound by the language proposed by petitioner, but may amend or modify such proposed language at the Board's discretion. The Board's decision to grant or deny a petition is final. (Added City Record 8/16/2019, eff. 9/15/2019)