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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)
a. For purposes of this section, the term "city agency" means an agency established by the charter and any other agency designated by the mayor for purposes of this section.
b. Requirement to prepare notice. The commissioner of citywide administrative services shall prepare, in consultation with the commissioner of the department of consumer and worker protection, a notice for employees of city agencies regarding the availability of federal and state student loan forgiveness programs. The commissioner shall make the notice available on the website of the department of citywide administrative services in a downloadable format.
c. Required information. The notice required pursuant to subdivision b shall:
1. Include, but need not be limited to, notice that an employee of a city agency may be eligible for loan forgiveness under a federal or state student loan forgiveness program;
2. Provide the official website address for each program; and
3. Encourage each employee or applicant for employment to review carefully the information provided on the websites to determine eligibility for such programs and the procedures for application.
d. Provision of notice to agency heads. The commissioner shall make the notice prepared pursuant to subdivision b of this section available to the heads of city agencies to share with employees and applicants for employment at such agencies.
e. Provision of notice to employees and applicants for employment. The head of each city agency shall provide the notice prepared pursuant to subdivision b:
1. To an individual who begins employment at the applicable city agency after the effective date of this section, within five days of beginning such employment;
2. To an individual already employed at the city agency on the effective date of this section, within fifteen days of such effective date; and
3. In advertisements for employment with the city agency, where appropriate.
(L.L. 2022/013, 1/9/2022, eff. 4/9/2022)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Commissioner. The term "commissioner" means the commissioner of citywide administrative services.
Department. The term "department" means the department of citywide administrative services.
Public service corps program. The term "public service corps program" means a program pursuant to which undergraduate and graduate students may participate in internships at agencies.
b. The department shall administer a public service corps program.
c. In administering such program, the department shall make efforts to recruit students from diverse backgrounds and offer internships at a broad range of agencies.
d. No later than August 30 of each year, beginning in the year 2024, the commissioner shall submit a report to the speaker of the council and the mayor regarding the administration of the public service corps program during the preceding fiscal year. Such report shall include, but need not be limited to:
1. A description of the steps the department took to recruit students from diverse backgrounds;
2. A description of the steps the department took to identify internship opportunities and offer internships at a broad range of agencies;
3. The total number of students who participated in the program;
4. The number of students who participated in the program disaggregated by race or ethnicity, gender and academic institution; and
5. For each agency to which an intern was assigned, the total number of interns assigned to such agency.
(L.L. 2023/004, 1/7/2023, eff. 4/7/2023)
a. No later than January 1, 2024, and each January 1 thereafter, the department of citywide administrative services shall submit to the mayor and the speaker of the council a report containing the following information for the prior fiscal year:
1. The total number of applicants for open-competitive civil service examinations, promotion civil service examinations, and qualified incumbent examinations, and the number of such applicants who:
(a) Took the computer-based multiple-choice portion of such examination;
(b) Achieved a passing score on the computer-based multiple-choice portion of such examination;
(c) Took the computer-based rated education and experience portion of such examination;
(d) Achieved a passing score on the computer-based rated education and experience portion of such examination;
(e) Were invited to take the physical portion of such examination, if applicable;
(f) Took or began to take the physical portion of such examination, if applicable;
(g) Passed the physical portion of such examination, if applicable;
(h) Were certified on an eligible list, if applicable;
(i) Accepted any appointment to a position that was offered; and
(j) For promotion lists, were on an existing eligible candidate list;
2. For each agency training program that is required for, or relevant to, an applicant's appointment to a position based on an open-competitive civil service examination or a promotion civil service examination, the name of the agency training program, the total number of applicants enrolled in such program, and the number of applicants who:
(a) Completed the program;
(b) Passed and graduated from the program, if applicable;
(c) Passed but did not graduate from the program, if applicable;
(d) Did not pass or graduate from the program, if applicable;
(e) Accepted any appointment offered based on graduation from the program, if applicable;
3. All information received by the department of citywide administrative services pursuant to subdivision c of this section; and
4. A written analysis based upon the information required by paragraphs 1, 2, and 3 of this subdivision that evaluates the department's efforts to provide equal opportunity for a diverse universe of municipal employees and applicants for employment.
b. All data reported pursuant to subdivision a of this section shall be aggregated by borough, and disaggregated by gender and by race or ethnicity.
c. Each agency shall collect and submit to the department of citywide administrative services by August 31, 2023, and annually thereafter, the following information for the prior fiscal year:
1. Expenditures related to recruiting candidates for open-competitive civil service examinations and promotion civil service examinations. Such expenditures shall be aggregated citywide and disaggregated by borough;
2. A list of recruiting events, including location, held by the agency to promote open-competitive civil service examinations; and
3. A list of any preparatory materials developed for applicants or potential applicants for open-competitive civil service examinations or promotion civil service examinations.
d. No report required pursuant to this section shall contain personally identifiable information. If any category requested contains between 1 and 5 individuals, the number of such individuals shall be replaced with a symbol. A category that contains 0 individuals shall be reported as 0.
(L.L. 2023/028, 2/21/2023, eff. 6/21/2023)
a. Definitions. As used in this section, the following terms have the following meanings:
Beneficial use. The term “beneficial use” means the use of equipment by an eligible organization for an educational or other public purpose, provided that such organization has a demonstrated need for such equipment; and provided further that such use shall not include religious worship, instruction, or proselytization.
Computer. The term “computer” means a desktop computing device, a laptop, or other portable computing device, containing a central processing unit and any peripheral components that are connected to the central processing unit such that they may reasonably be viewed functionally as a single unit, including but not limited to motherboards, RAM, hard drives, or other storage devices, video or sound cards, and computer cases.
Department. The term “department” means the department of citywide administrative services.
Eligible organization. The term “eligible organization” means a public school, public library, other public or private educational institution, and a not-for-profit institution serving persons with disabilities, senior citizens, or low income individuals.
Equipment. The term “equipment” means a computer and its associated peripheral components, and other electronic devices that operate with or can be operated by a computer, including but not limited to floppy disk drives, CD drives, USB drives, printers, modems, networking devices, scanners, monitors, and the cables or wiring required to connect a computer with the computer equipment.
Surplus. The term “surplus” means equipment that is no longer in use, and not needed for use, by any agency.
b. The department shall, by rule, implement a process through which the department shall donate, at no cost except for any reasonable shipping and handling fees, surplus equipment to eligible organizations for beneficial use. Such process shall include, at a minimum:
1. Public notification of the department’s intent to donate surplus equipment, a description of such surplus equipment, and the total shipping and handling fees, if any, for the delivery of such equipment; and
2. The opportunity for eligible organizations to submit to the department a specific plan for the beneficial use of such equipment.
c. The department shall not donate surplus equipment to an eligible organization unless such organization provides to such department a specific plan for the beneficial use of such surplus equipment. The department shall specify, by rule, how to determine priority when multiple eligible organizations provide such specific plan for the beneficial use of such equipment, except that public schools and libraries shall receive first priority. Such rule shall require consideration of the following factors:
1. Whether the beneficial use of such equipment facilitates services to the public for low or no cost;
2. Whether the beneficial use of such equipment will serve communities that are under-serviced or have difficulty receiving services;
3. In the event that an eligible organization has previously received a donation of surplus equipment, whether such organization has utilized such equipment to fulfill the beneficial use for which it was donated;
4. Whether an eligible organization has a greater need for a donation of surplus equipment due to its limited size as compared to other eligible organizations; and
5. Any other factor that the department deems relevant.
d. Notwithstanding subdivision c of this section, the department shall endeavor to donate surplus equipment that is in need of repair or restoration to an eligible organization, if any, that intends to use the repair or restoration of such equipment in the training of its students. Upon such repair or restoration, such organization may retain such equipment or may return it to the department for donation to another eligible organization pursuant to the process established in subdivision b of this section.
e. The department may auction or otherwise dispose of surplus equipment pursuant to chapter 5 of title 55 of the rules of the city of New York, or successor rule, provided that no eligible organization has provided a specific plan for the beneficial use of such surplus equipment over the course of one year. Nothing in this section shall be construed to require the department to donate equipment where the department determines, upon consideration of the factors identified in paragraphs 1 through 5 of subdivision c of this section, that no eligible organization has demonstrated that it intends to use such equipment for a predominant public purpose in which any private benefit is merely incidental.
f. The donation of any equipment pursuant to this section shall comply with section 10-504.
g. Nothing in this section shall be construed to create any substantive or procedural right or benefit enforceable by law by a party against the city, its officers, or its employees.
h. No later than June 1, 2024, and annually thereafter, the department shall submit to the mayor and the speaker of the council a report on its donations of surplus equipment, including a list of each donation made during the reporting period; the number and type of surplus equipment comprising each donation; the estimated free market value of each donation; the identity and location of the recipient of the donation; a summary of the specific plan submitted by the recipient of the donation; summaries of specific plans of each eligible organization where multiple eligible organizations provided a specific plan for such surplus equipment; and the factors that weighed in favor of the eligible organization that received the donation. The report shall be disaggregated by the borough of each recipient of the donation and by any other factors that may be appropriate.
(L.L. 2023/081, 6/25/2023, eff. 10/23/2023)
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