§ 12-02 Complaints.
(a) Filing a complaint. A complaint must be filed by hand delivery, mail, fax, or scanned and sent as an attachment via email to the Board's offices.
(b) Complaint requirements. Complaints must:
(i) be made in writing;
(ii) be sworn to or affirmed;
(iii) be based on personal knowledge, if possible, and if a complaint is based on information and belief, the complainant must state the source of that information and belief;
(iv) specify the conduct alleged to be in violation of the Charter, Act, or these rules, and to the extent known:
(A) the date(s) and time(s) of the conduct,
(B) the place(s) the conduct occurred, and
(C) the names of witnesses, if any.
(v) be accompanied by copies of all documentary evidence available to the complainant; and
(vi) contain the complainant's full name, current address, telephone number, and email address.
(c) Initial review of complaint.
(i) If in compliance. Upon receipt, the complaint will be reviewed for substantial compliance with the above requirements. If the complaint is in compliance, the Board shall, within 10 days of receipt, send each party complained about a copy of the complaint.
(ii) Deficient complaints. If the complaint is moot, facially meritless, or not in substantial compliance, it may be rejected, and the complainant so notified. The Board may investigate the subject matter of the complaint, but need not follow the procedural requirements of this chapter.
(d) Response to complaint; possible dismissal.
(i) The party complained about may submit an answer to the complaint:
(A) within 20 days of the date the complaint was sent by the Board, or
(B) within such lesser time as may be specified by the Board for complaints received less than 90 days before an election.
(ii) The answer must:
(A) be sworn to and affirmed,
(B) set forth a response to the allegations contained in the complaint, including any reasons why the Board should dismiss the complaint in full or in part, if applicable, and
(C) be accompanied by copies of all documentary evidence available to the respondent.
(iii) Based on the answer, a complaint may be dismissed as moot.
(e) Board action. Based on its review of the complaint and any answer filed, and of any investigation it chooses to conduct, the Board may:
(i) determine the complaint to be moot or lacking in merit and dismiss the complaint; or
(ii) determine that violations or infractions of the Charter, Act, or these rules have been substantiated, and initiate an enforcement proceeding pursuant to the procedures outlined in 52 RCNY Chapter 10.
(Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 11/19/2024, eff. 12/19/2024)
