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Q&A

Gutierrez questions administration on OAA reporting and Local Law 144

New York City Council · Oct 5, 2026 · starts 5:57:15 · 5 min 18 sec

Councilmember Jennifer Gutierrez asks Milstein about the OAA report cadence and DCWP's implementation of Local Law 144 on automated employment decision tools. Levine says 144 has flaws because audits aren't required to come up clean, and the administration issued a policy statement on existing laws.

Carmen N. De La Rosa

I'm going to pass it on to my colleagues, Councilmember Gutierrez, followed by Aldebar, followed by Maloney.

Jennifer Gutiérrez

Thank you.

Jennifer Gutiérrez

Good to see everyone.

Jennifer Gutiérrez

My first question is for Deputy Commissioner.

Jennifer Gutiérrez

Good to see you.

Jennifer Gutiérrez

Going off of the speaker's line of questioning regarding the Office of Algorithmic Accountability, can you share, I know,

Jennifer Gutiérrez

You said you're excited about this report.

Jennifer Gutiérrez

You're setting up an orientation meeting.

Jennifer Gutiérrez

It feels like not a lot of time.

Jennifer Gutiérrez

I guess what can you share before the report is scheduled to be released?

Jennifer Gutiérrez

What can you share about the cadence of how often you're going to be able to meet?

Jennifer Gutiérrez

Do you expect the report to be released on time?

Jennifer Gutiérrez

This is not a reflection of you, but I really felt like the previous administration under the previous OTI leadership.

Jennifer Gutiérrez

Was delayed in many things.

Jennifer Gutiérrez

And we certainly don't want compliance to be one of those things.

Jennifer Gutiérrez

So if you can just share with me a little bit about the cadence, how many people, you said the funding you got in June, how many people will the office be able to employ where you are in that process currently?

Jennifer Gutiérrez

Oh, okay.

Jennifer Gutiérrez

That was it for you.

Jennifer Gutiérrez

I had a question for DCB, but I can come back.

Jennifer Gutiérrez

Go ahead.

Jennifer Gutiérrez

Go ahead.

Jennifer Gutiérrez

Okay.

Jennifer Gutiérrez

And then for DCWP, I just wanted to ask if you can share a little bit about how the implementation of Local Law 144 is going, the automated deployment decision tools.

Jennifer Gutiérrez

Just wanted to see how the implementation of that law is going.

Jennifer Gutiérrez

And that's it.

Jennifer Gutiérrez

Thank you.

Samuel Levine

Well, thank you, Council Member.

Samuel Levine

Let me start by 144.

Samuel Levine

I think this was a really well-intentioned bill to regulate the use of automated decision-making systems for hiring.

Samuel Levine

I think it does have some flaws, though, especially in that it requires companies that use AI systems for hiring to conduct audits.

Samuel Levine

It doesn't actually require that those audits come up clean.

Samuel Levine

That's really a civil rights question.

Samuel Levine

That is why our administration...

Samuel Levine

put out a policy statement last week on behalf of DCWP, Commission on Human Rights, and Tansy and Limousine, making clear that existing laws apply.

Samuel Levine

But I do want to circle back to a broader point that this hearing reveals, which is that bias in decision-making produced by AI systems is a very real concern you're addressing.

Samuel Levine

These companies would like an exemption from the law.

Samuel Levine

The companies that testified earlier want to assert that if decisions are made in a black box, nobody can be held accountable for it.

Samuel Levine

I applaud this council's effort to actually impute responsibility for these harms to the companies making billions of dollars on it, and we would be very happy to work with the council to work on a

Samuel Levine

revised, expanded, strengthened, automated decision-making bill that places the responsibility to remove bias from hiring where it belongs.

Jennifer Gutiérrez

And do you think that the...

Jennifer Gutiérrez

Are there instances where the harm is happening amongst the city agencies using these tools?

Samuel Levine

I don't believe that I would defer to OTI and to those in hiring.

Samuel Levine

I don't believe that the city is using AI tools to sort resumes, but I would defer to others in the administration.

Samuel Levine

I can tell you in my agency, we have people reviewing applications.

Samuel Levine

Just as starting in January when delivery workers get deactivated, we have people reviewing that.

Samuel Levine

When consumers file complaints, we have people reviewing it.

Samuel Levine

We are a big believer in our administration that the people of New York should be served by the people of the city government.

Jennifer Gutiérrez

Thank you.

Jennifer Gutiérrez

Part of the package of bills that the speaker mentioned that we passed last December on Christmas was to get the city and to get OTI to report on those AI tools that every city agency is reporting on.

Jennifer Gutiérrez

So we'll know soon enough.

Jennifer Gutiérrez

But please, Deputy Commissioner, thank you.

Sarah Milstein

Yeah, thank you for the question, Council Member.

Sarah Milstein

So I think there's a couple of reports we're talking about here.

Sarah Milstein

I want to give a little bit of context.

Sarah Milstein

Local Law 35 is the report that requires agencies to tell us about the algorithmic tools they're using that have public impact.

Sarah Milstein

And that report we have delivered on time every year for the past five years.

Sarah Milstein

The process for it kicked off last week, and we'll be collecting data over the course of the next few months with the plan to publish it in March of 2027.

Sarah Milstein

We have all the indications that that will come in on time as it has in each of the past five years.

Sarah Milstein

So we're feeling good about that.

Jennifer Gutiérrez

I'm just referring to the report from Intro 199.

Sarah Milstein

I'm sorry, could you repeat?

Jennifer Gutiérrez

I was just referring to the report required by Intro 199.

Jennifer Gutiérrez

So that's the package of bills from last month.

Sarah Milstein

Yeah.

Jennifer Gutiérrez

Thank you for clarifying.

Sarah Milstein

We are, the director of OAA, which we hope to be able to announce quite soon, will be primarily responsible for the additional reporting that will be required in March of 2027.

Sarah Milstein

And in part because we have this good experience internally understanding process with Local Law 35, we think we're in a good position to move quickly on the additional reporting that will be due in March of 2027.

Jennifer Gutiérrez

Okay.

Jennifer Gutiérrez

And you said announcement.

Jennifer Gutiérrez

Do you have someone already for the role?

Sarah Milstein

We will have an announcement, and I hope you'll have an announcement about the announcement.

Jennifer Gutiérrez

Okay.

Jennifer Gutiérrez

Thank you.

Jennifer Gutiérrez

Thank you, Chair.

Carmen N. De La Rosa

Thank you.