US Laws, Codes, Statutes & Cases

 
    § 814. Personnel management; powers and duties of the commissioner. a.
  The  commissioner shall have the following powers and duties in addition
  to the powers  and  duties  of  a  municipal  civil  service  commission
  provided  in the civil service law, and those vested in the commissioner
  as the head of the department, except where any specific power  or  duty
  is  assigned  to  the mayor, heads of city agencies or the civil service
  commission pursuant to this chapter:
    (1) To recruit personnel;
    (2) To make studies in  regard  to  the  grading  and  classifying  of
  positions  in  the  civil service, establish criteria and guidelines for
  allocating positions to an existing class of positions,  and  grade  and
  establish classes of positions;
    (3)  To  schedule  and conduct examinations for positions in the civil
  service;
    (4) To establish, promulgate and certify eligible lists in the  manner
  provided in the civil service law, and the rules of the commissioner;
    (5)  To determine the appropriateness of eligible lists for the filing
  of vacancies in the manner provided in the civil  service  law  and  the
  rules of the commissioner;
    (6)  To  investigate applicants for positions in the civil service; to
  review their qualifications, and to revoke or rescind any  certification
  or  appointment  by  reason  of the disqualification of the applicant or
  appointee under the provisions of the civil service law, and  the  rules
  of the commissioner or any other law;
    (7)  To  review  any  appointment  of persons as provisional employees
  within sixty days after  appointment  to  assure  compliance  with  this
  charter,  the  civil  service  law,  and  any  rule or regulation issued
  pursuant to this charter or civil service law;
    (8) To certify payrolls in accordance with the provisions of the civil
  service law and the rules of the commissioner;
    (9) To keep records regarding candidates for appointment to the  civil
  service and officers and employees in the civil service;
    (10)  To  develop  and recommend to the mayor standard rules governing
  working conditions, vacations and leaves of absence; and career,  salary
  and wage plans providing for the creation, abolition and modification of
  positions  and  grades and fixing salaries of persons paid from the city
  treasury, subject to the provisions of this charter, the  civil  service
  law, other applicable statutes and collective bargaining agreements;
    (11)  To  administer  the  city-wide  safety  incentive,  training and
  development, and other such personnel programs of the city;
    (12) To establish and enforce uniform procedures and standards  to  be
  utilized  by  city agencies in establishing measures, programs and plans
  to ensure a fair and effective affirmative  employment  plan  for  equal
  employment  opportunity  for  minority  group  members and women who are
  employed by, or who seek employment with, city agencies. Such procedures
  shall include a time schedule for the development of  such  plans  which
  provides  for the preparation by each agency of a draft plan, the review
  of  such  draft  plan  by  the  department  of  citywide  administrative
  services,  the  equal  employment  practices  commission, and such other
  agency as the mayor requires, and the consideration by the agency of any
  comments received on such draft plans prior to the adoption of  a  final
  plan as required by paragraph nineteen of subdivision a of section eight
  hundred fifteen;
    (13) To establish a uniform format to be utilized by all city agencies
  in the preparation of the quarterly reports required by subdivision i of
  section  eight  hundred  fifteen.  Such  format  shall  provide  for the
  presentation of  statistical  information  regarding  total  employment,
  including  provisional,  seasonal, per-diem and part-time employees, new

  hiring and promotions in a manner which facilitates understanding of  an
  agency's  efforts  to  provide  fair  and  effective  equal  opportunity
  employment for minority group members, women and members of other groups
  who are employed by, or who seek employment with, city agencies;
    (14)   To   develop,  in  conjunction  with  other  city  agencies,  a
  clearinghouse for information on employment and educational programs and
  services for minority group members and women; and
    (15) To  provide  assistance  to  minority  group  members  and  women
  employed by, or interested in being employed by, city agencies to ensure
  that  such  minority  group  members  and  women benefit, to the maximum
  extent  possible,  from  city  employment  and  educational   assistance
  programs.
    b.  The  commissioner  shall have the following powers and duties with
  respect to the personnel management functions assigned to city  agencies
  pursuant  to  subdivisions  a,  b,  c,  and  d  of section eight hundred
  fifteen.
    (1) To aid in the development of  effective  and  efficient  personnel
  programs  and professional personnel staffs in the agencies of the city;
  and to convene the personnel officers of the agencies from time to  time
  as  a personnel council to consider personnel matters of inter-agency or
  of city-wide concern;
    (2) To approve agency plans and programs pursuant to paragraphs seven,
  nine and thirteen of subdivision a of section eight hundred fifteen;
    (3) To establish and enforce standards, guidelines  and  criteria  for
  the personnel management functions assigned to the agencies and to audit
  performance by the agencies of such personnel functions;
    (4)  To  reverse  or  rescind  any agency personnel action or decision
  pursuant to an assignment or delegation of authority  in  this  chapter,
  upon  a  finding  of  abuse  after  notification  to  the  agency and an
  opportunity to be heard;
    (5) To hear and determine appeals  by  any  person  aggrieved  by  any
  action  or  determination  of  the  head  of  an agency made pursuant to
  paragraphs three, five, seven and eleven of  subdivision  a  of  section
  eight hundred fifteen, subject to review by the civil service commission
  as provided in subdivision c of section eight hundred thirteen;
    (6)  To  delegate  to  the  head  of  an  agency  personnel management
  functions assigned to the commissioner  where  such  delegation  is  not
  otherwise prohibited by the civil service law, and pursuant to terms and
  conditions prescribed by the commissioner;
    (7)  To  administer personnel programs of a city-wide nature or common
  to two or more departments where  administration  by  separate  agencies
  would be impracticable and uneconomical;
    (8)  To  annually  publish  and  submit  to the mayor, council and the
  commission on equal employment practices a report on the  activities  of
  the  department of citywide administrative services and city agencies to
  provide fair and effective affirmative employment  practices  to  ensure
  equal  employment  opportunity  for minority group members and women who
  are employed by, or who seek employment with, city agencies. Such report
  shall include, but not be limited to, an analysis of the city government
  workforce and applicants  for  such  employment  by  agency,  title  and
  classification;  a  description  of  each agency's employment practices,
  policies and programs; an analysis of the effectiveness  of  the  city's
  efforts  to  provide fair and effective affirmative employment practices
  to ensure equal employment opportunity for minority  group  members  and
  women  who  are employed by, or who seek employment with, city agencies;
  and such legislative, programmatic and budgetary recommendations for the
  development, implementation or improvement of  such  activities  as  the
  commissioner deems appropriate.

    c. The commissioner shall promulgate rules and regulations relating to
  the  personnel  policies,  programs and activities of city government in
  furtherance of and consistent with the state civil service law and  this
  chapter.  The  commissioner  shall  transmit  to the state civil service
  commission   each   proposed  rule  which  must  be  submitted  to  such
  commission, including any which establishes or  reclassifies  titles  in
  the  non-competitive or exempt class, within sixty days after the public
  hearing has been held on such rule.
    d. The commissioner shall, at the time requested  by  the  city  civil
  service commission or the equal employment practices commission, provide
  each  commission  with  all  the information which such commission deems
  necessary to fulfill the duties assigned  to  it  by  the  charter.  The
  provisions  of this subdivision shall not apply to any information which
  is required by law to be kept confidential or which is protected by  the
  privileges  for  attorney-client communications, attorney work products,
  or material prepared for litigation.
    e. The commissioner shall submit a quarterly report to the mayor,  the
  council, the civil service commission and the equal employment practices
  commission. Such report shall specify, by agency and by title, including
  temporary titles:
    (1) the number of provisional employees at the end of the second month
  of the quarter;
    (2) the length of time such provisional employees have served in their
  positions; and
    (3)  the  actions  taken  by  the  city  to  reduce the number of such
  provisional employees and the length of their service in such positions.
  Such reports shall  be  submitted  by  the  last  day  of  March,  June,
  September, and December of each year.