The head of an agency subject to the provisions of section one hundred twenty-four of the charter, or the mayor shall have the power to increase, during any fiscal year, the salary of any officer or person paid from the city treasury even after such salary shall have been fixed in the budget for such fiscal year.
The mayor is hereby authorized to inquire into, hear and determine any claim heretofore or hereafter filed against the city, or any agency, or the board of education, by a duly appointed employee or his or her estate, where it is shown that such employee failed and neglected to cash the check paid to such employee for services rendered, notwithstanding a bar to the payment of any such claim by limitation of time or otherwise. The mayor may, after due consideration, authorize payment of such claim, and such claim shall thereupon be paid in such amount as the mayor shall determine to be just, in full satisfaction thereof, provided that the claimant or his or her estate, shall execute and deliver a release upon receipt of such payment, in such form as shall be approved by the corporation counsel. The allowance in payment of such claim shall be without any interest whatsoever.
Except as otherwise provided by law, every head of an agency is empowered:
1. To make ratable deductions from the salaries and wages of subordinates, on account of absences from duty without leave.
2. In his or her discretion, to cause deductions to be made from the salaries, compensation or wages of subordinates of such agency, not exceeding thirty days' pay, as a fine for delinquency or misconduct.
3. In his or her discretion, to suspend for not more than one month without pay, any subordinate pending the hearing and determination of charges against such subordinate, or the making of any explanation, as the case may be. If the subordinate so suspended be removed, such subordinate shall not be entitled to salary or compensation after suspension. If he or she be not so removed, such subordinate shall be entitled to full salary or compensation from the date of suspension to the date of reinstatement, less such deduction or fine as may be imposed.
a. The head of any agency, upon written application by any person who has been dismissed from service, setting forth the reasons for demanding an opportunity of making a further explanation, shall have the power, in his or her discretion, to rehear the explanation and any new matter offered in further reply to the charges or complaint upon which such person was dismissed from service. Such person shall be required to waive, in writing, all claims against the city for back pay. Such application for another opportunity to explain shall only be presented to and granted by the officer who made the removal or such officer's immediate successor, when the applicant for the further explanation shall make it appear, by affidavit:
1. That on a further opportunity to explain, he or she can produce such evidence as would probably have changed the decision if it had been presented theretofore; and
2. If such evidence has been discovered since the previous explanation, that it is not cumulative; and
3. That the failure to produce it at the first explanation was not owing to want of diligence.
b. If upon the further explanation, the head of such agency shall determine that such person has been illegally or unjustly dismissed, the head of such agency may, in his or her discretion, and with the approval in writing of the commissioner of citywide administrative services, cause such person to be reinstated.
c. The consent of the mayor shall be required when reinstatement of an applicant is made by the immediate successor of the removing official. It shall be unlawful, however, for the immediate successor of the removing official to reinstate an applicant who has been removed for more than two years.
d. This section shall not apply to members of the uniformed forces under the jurisdiction of the police commissioner and the fire commissioner.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
Notice of all appointments and removals from office, and all changes of salaries except those resulting from collective bargaining or original jurisdiction adjustments, shall be transmitted within one week after they are made, by the appointing agency or department head, to and published within thirty days in the City Record, indicating the name, title and salary of each individual appointed, promoted, demoted, removed from office or whose services have otherwise terminated, and whether an appointment is a "provisional appointment."
Notwithstanding the provisions of any other statute, general, special or local, the mayor may authorize the head of any agency to require any officer or employee in such agency or any class or group of officers or employees in such agency to work in excess of the maximum number of hours of employment prescribed for such officer or employee or class or group of officers or employees by any statute, general, special or local, provided that each such officer or employee shall be paid overtime compensation for such work at not less than his or her regular basic pay rate. The amounts received as overtime compensation pursuant to the provisions of this section shall be regarded as salary or compensation for the purposes of any pension or retirement system of which the employee receiving such overtime compensation is a member. Such overtime compensation shall not be regarded as salary or compensation for the purpose of determining the right to any increase of salary or any salary increment on account of length of service or otherwise, nor shall the payment of such overtime compensation be construed to constitute a promotion.
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