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a. Definitions. For the purposes of this section only:
1. "Eligible list" shall mean any list established by the department of citywide administrative services after the administration of either an open-competitive or a promotional examination containing the names of persons eligible to be considered for appointment or promotion by an appointing authority in the city of New York pursuant to article four of the New York state civil service law.
2. "Promotion list" shall mean the agency-specific list established by the department of citywide administrative services after the administration of a promotional examination containing the names of persons eligible to be considered for promotion by an appointing authority in the city of New York pursuant to article four of the New York state civil service law.
b. The commissioner of the department of citywide administrative services shall submit a report on an annual basis beginning in two thousand five to the mayor, comptroller, public advocate and speaker of the council of the city of New York, by the first day of June, for the previous calendar year, regarding eligible lists. Such report shall include, but not be limited to, the following:
1. each eligible list established during the reporting year by the department of citywide administrative services;
2. the dates such eligible lists were established;
3. the number of persons appointed or promoted from each eligible list and the agencies to which such appointments or promotions were made;
4. the number of persons appointed or promoted on a provisional basis during the reporting year and the agencies to which such appointments or promotions were made;
5. the number of persons who, during the reporting year, were considered and not selected three times from promotion lists;
6. the number of persons removed from eligible lists and the number of persons removed from promotion lists and the reason reported to the department of citywide administrative services by the agency for such removal; and
7. the number of persons restored to eligible lists and the number of persons restored to promotion lists after having been removed.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/050.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Menstrual cup. The term “menstrual cup” means a funnel-shaped device made of a reusable material such as silicone or rubber for use in connection with the menstrual cycle.
Menstrual products. The term “ menstrual products” means menstrual cups, tampons, and menstrual pads for use in connection with the menstrual cycle.
Temporary shelters. The term “temporary shelters” means department of homeless services family with children shelters, adult family shelters, single adult women shelters and single adult men shelters; and human resources administration domestic violence shelters and HIV/AIDS services administration (HASA) shelters.
b. The department of citywide administrative services shall make available to agencies operating or having oversight of providers operating temporary shelters a supply of menstrual products sufficient to meet the needs of residents. The department shall also make available a supply of menstrual products sufficient to meet the needs of youth in secure detention facilities operated by the administration for children’s services, as well as youth in congregate care facilities operated by the administration for children’s services who are awaiting placement with a licensed foster care agency.
(L.L. 2016/083, 7/13/2016, eff. 11/10/2016; Am. L.L. 2024/012, 1/6/2024, eff. 10/2/2024)
a. Definitions. As used in this section, the term "agency" means any agency, office, department, division, or bureau, the head of which holds office upon appointment of the mayor and those units within the executive office of the mayor designated by the mayor to be covered by the provisions of of the charter. Such term does not include agencies headed by boards, commissions, or other multi-member bodies, whether appointed by the mayor or otherwise, nor to elected officials, nor to other agencies the heads of which are appointed by officials other than the mayor or by multi-member bodies.
b. No later than November 30, 2019, and on or before November 30 annually thereafter, each agency, to the extent the department of citywide administrative services does not already have such information, shall provide to the department of citywide administrative services information relevant to pay and employment equity. Such information for each current and former employee within such agency, shall be as of the date of hire and shall, to the extent such information is available, include the data set forth in paragraphs 1 through 30 of this subdivision. Such data shall include a unique identifier for each employee, other than with respect to employee benefits. Each such identifier shall be identical for each such employee across all data sets starting with the first data set provided to the council in 2024.
1. Agency;
2. Start date;
3. Start date in current civil service title;
4. Civil service title;
5. Whether the civil service title is a promotional title;
6. Union status per civil service title, including, where applicable, name of the union and job or title category of the bargaining unit;
7. Whether the civil service title is a uniformed position;
8. Salary range for such title;
9. Business title;
10. Title classification (title description);
11. Job category;
12. Career level;
13. Base salary;
14. The department of citywide administrative services occupational group code and group name;
15. Whether such employee is a managerial or supervisory employee;
16. Minimum number of years of work experience required for such position;
17. Number of years of work experience of such employee;
18. Highest level of education attained by such employee;
19. Gender;
20. Racial group;
21. Ethnicity;
22. Date of birth;
23. Whether such employee is a provisional employee;
24. Whether such employee is full-time, part-time or seasonal;
25. Change in personnel status, including but not limited to, appointed, deceased, decrease, demoted, dismissed, increase, promoted, resigned, retired, terminated and transfer; and
26. Whether such employee was previously employed by the city of New York;
27. Total amount of leave taken;
28. Total amount of overtime pay per employee, where applicable;
29. Estimated amount of annual employee benefits paid per civil service titles; and
30. All data sets made available in all prior years pursuant to this section, except that the unique identifier required by subdivision b shall only be required for data sets provided for 2024 and thereafter.
c. The data collected pursuant to subdivision b shall include pedagogues of the department of education. Such data may be provided in the format in which it is retained by the department of education.
d. No later than 90 days following receipt of the data collected pursuant to subdivision b of this section, the department of citywide administrative services shall provide such data to the office of data analytics.
e. All agencies shall cooperate with the department as may be necessary and proper to ensure compliance with this subdivision. The department may request from any agency, including the office of payroll administration and financial information services agency, information it deems necessary to enable it to properly carry out its functions.
f. The commissioner may promulgate such rules as are necessary to carry out the provisions of this section.
(L.L. 2019/018, 1/20/2019, eff. 1/20/2019; Am. L.L. 2023/029, 2/21/2023, eff. 2/21/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/018.
a. Pay equity analysis report. The department of citywide administrative services, in collaboration with relevant agencies and stakeholders, shall issue 3 pay equity reports, to be provided to the mayor and the speaker of the council and made available to the public, according to the following schedule:
1. No more than 180 days after the effective date of the local law that added this section, the department of citywide administrative services shall issue a request for proposals for a pay equity analysis of the city government workforce, which shall include the creation and execution of a system to conduct such analysis;
2. Within 30 days of a contract for such analysis being entered into by the department of citywide administrative services, the commissioner of citywide administrative services shall provide to the speaker of the council a detailed written framework of the project timeline for such analysis, including relevant milestones and implementation deadlines; and
3. The first pay equity analysis report shall be due no later than 2 years after such project timeline has been provided to the speaker pursuant to paragraph 2 of this subdivision. The second and third pay equity analysis reports shall be due 1 year and 2 years, respectively, after the first report has been published. Each such report shall include:
(a) A list of all civil service title codes selected pursuant to subparagraph (d) of this paragraph;
(b) For each such civil service title code, the following information:
(1) Number of current employees;
(2) Racial, ethnic, and gender compositions of current employees; and
(3) Minimum and maximum salary;
(c) A description of the pay equity analysis system developed by the contractor to evaluate for pay disparities within titles;
(d) An analysis of a minimum of 30 civil service tiles and a maximum of 60 civil service titles based on data for the fiscal year in which a contract was entered into by the department of citywide administrative services pursuant to this subdivision. Such civil service titles shall have at minimum 100 employees and include the 15 civil service titles that have the greatest deviation from the gender demographic found in the city. Such civil service titles shall include the 15 civil service titles that have the greatest deviation from the racial or ethnic demographic found in the city. The department of citywide administrative services may include up to 30 additional civil service titles. Such analysis shall include:
(1) Collecting and reviewing relevant background information and documents;
(2) Determining the criteria and a statistical methodology for analyzing such collected job information and completing a pay equity job title evaluation of selected titles;
(3) Evaluating pay equity for job titles identified pursuant to subparagraph (d) of this paragraph, in accordance with such defined criteria and methodology; and
(4) Preparing an initial report of findings, including recommendations for eliminating any pay disparity identified, taking into account time, cost, and alternative approaches;
(e) If applicable, an estimate of the appropriations necessary to equalize pay disparities identified within evaluated titles.
b. All methodologies used in the pay equity analysis required by this section shall be made available to the public. The department shall submit a copy of each pay equity analysis report required pursuant to this section to each bargaining unit.
c. The department of citywide administrative services shall ensure that pay and employment equity data outlined in section 12-208 is provided to the contractor, in addition to any additional information necessary to conduct such analysis.
d. Upon commencement of an individual’s employment of any individual in a title for which a pay equity report prepared pursuant to this section has been published, and at least annually thereafter, the department of citywide administrative services shall provide to each employee a written statement to inform the employee of their job title, wage rate, and how the wage is calculated and the job evaluation system used for such title.
e. Collective bargaining agreements. To the extent they are covered by a collective bargaining agreement, the wages, hours and working conditions for all employees represented by an exclusive representative certified pursuant to chapter 3 of title 12 shall be governed solely by the collective bargaining agreement executed by the parties.
(L.L. 2023/027, 2/21/2023, eff. 6/21/2023)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Child care center. The term "child care center" means a program regulated by article 43 or article 47 of the New York city health code and that is contracted by the administration for children's services or contracted and funded by the department of education.
Covered entity. The term "covered entity" means a child care center, domestic violence shelter, family justice center, LYFE program, or temporary shelter.
Domestic violence shelter. The term "domestic violence shelter" means an emergency shelter for domestic violence survivors managed by or under a contract or similar agreement with a city agency and subject to section 459-b of the social services law or a tier II shelter for domestic violence survivors managed by or under a contract or similar agreement with a city agency and subject to the provisions of part 900 of title 18 of the New York codes, rules, and regulations.
Family justice center. The term "family justice center" means a center and any successor location through which the office to end domestic and gender-based violence or a successor entity provides services to victims of domestic and gender-based violence.
LYFE programs. The term "LYFE programs" means the living for the young family through education (LYFE) programs operated by the department of education to provide early childhood education to children of student parents.
Temporary shelter. The term "temporary shelter" means a facility with the capacity to shelter families with children operated by or under contract or similar agreement with the department of homeless services and the department of youth and community development.
b. The department of citywide administrative services shall make available to agencies operating or contracting with a covered entity, a supply of diapers and baby wipes, for children three years old and younger, sufficient to meet the needs of residents or recipients utilizing services at such covered entity, when such residents or recipients are present at such covered entity. Each covered entity shall provide readily visible signage or other written notice, in at least each of the designated citywide languages, as such term is defined in section 23-1101, to all such residents or recipients, informing them of the availability of such diapers and baby wipes.
(L.L. 2018/182, 11/17/2018, eff. 3/17/2019; Am. L.L. 2019/038, 2/24/2019, eff. 2/24/2019; Am. L.L. 2021/023, 2/28/2021, eff. 5/29/2021)
a. Definitions. For purposes of this section, the following terms have the following meanings:
City agency. The term "city agency" means: (i) any agency as such term is defined in section 1150 of the New York city charter, the head of which is appointed by the mayor; and (ii) any agency as such term is defined in section 1150 of the New York city charter headed by a board, commission or other multi-member body, where a majority of such body's members are appointed by the mayor.
Citywide office of occupational safety and health. The term "citywide office of occupational safety and health" means the office within the department of citywide administrative services responsible for providing oversight to city agencies in environmental and occupational safety and health to ensure compliance with federal, state and local regulations or any successor office that carries out the same or substantially similar functions.
Occupational safety and health agency. The term "occupational safety and health agency" means any federal, state or city agency or office that issues guidance related to occupational safety and health, including the federal occupational safety and health administration, the public employee safety and health bureau, the federal centers for disease control and prevention, the national institute for occupational safety and health and the department of health and mental hygiene.
Public health emergency. The term "public health emergency" means any time during which, due to a threat to public health, a state of emergency has been declared by the governor pursuant to section 28 of the executive law or by the mayor pursuant to section 24 of the executive law or a public health emergency has been declared by the commissioner of health and mental hygiene pursuant to subdivision d of section 3.01 of the New York city health code.
Safety and health coordinator. The term "safety and health coordinator" means the person at a city agency who is primarily responsible for occupational safety and health within the city agency.
b. During any public health emergency, the citywide office of occupational safety and health shall monitor all occupational safety and health agencies for the issuance of guidance regarding occupational safety and health related to the public health emergency. This guidance shall include, without limitation, any guidance on hazard assessment, hygiene, social distancing, identification and isolation of sick employees, return to work after illness or exposure, physical and administrative controls, workplace flexibility, training and anti-retaliation practices. Within 24 hours of the issuance of any such guidance, the citywide office of occupational safety and health shall deliver said guidance by electronic mail to the safety and health coordinator at each city agency.
c. Within 24 hours of receipt of any occupational safety and health guidance from the citywide office of occupational safety and health during a public health emergency, each safety and health coordinator shall:
1. Post such guidance in the workplace next to the poster required pursuant to section 801.47 of title 12 of the New York codes, rules and regulations;
2. Deliver such guidance by electronic mail to each employee of the city agency;
3. Prepare and deliver by electronic mail a summary of the guidance to each employee of the city agency. Such summary shall be tailored so as to highlight the guidance that is most relevant to employees holding a particular position, or a category of positions, within the city agency; and
4. Provide to each employee any education or training necessary to ensure the proper application of the latest guidance issued by the citywide office of occupational safety and health.
(L.L. 2021/023, 2/28/2021, eff. 5/29/2021)
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