* Editor's note: there are two chapters designated as Chapter 5.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2000/014.
* Editor's note: there are two sections designated as § 21-501.
Whenever used in this chapter the following words shall have the following meanings:
a. "Affiliated organization" shall mean a local government agency or community-based organization that is affiliated with a sponsoring organization and employs certified individuals.
b. "Case management" shall mean the provision and coordination of services to participants to ensure their success in the transitional jobs program, and enhance their chances of securing permanent employment after their participation in such program. Such services shall include, but shall not be limited to, providing education and training, career counseling, and childcare. Such services shall also include assisting participants in obtaining all federal, state and local government benefits that they are otherwise entitled to, including, but not limited to, child care expenses, training-related expenses, food stamps, and medicaid or transitional medicaid.
c. "Certified individual" shall mean an individual certified by the commissioner to participate in the transitional jobs program.
d. "Commissioner" shall mean the commissioner of the department of employment or the commissioner or head of any other department or agency that the mayor designates to administer the transitional jobs program.
e. "Community-based organization" shall mean a non-profit organization providing services to, or operating for the benefit of, a particular community. Community-based organizations may also include a trade union that offers apprenticeship or pre-apprenticeship programs.
f. "Department" shall mean the department of employment, or any other department or agency that the mayor designates to administer the transitional jobs program.
g. "Participant" shall mean an individual employed by a sponsoring or affiliated organization in the transitional jobs program following eligibility determination and certification by the commissioner.
h. "Sponsoring organization" shall mean a local government agency or community-based organization selected by the commissioner to employ or facilitate the employment of certified individuals, and to provide case management to participants, provided, however, that nothing shall preclude a sponsoring organization from being a public, non-profit corporation created pursuant to applicable New York state law.
i. "Transitional jobs program" shall mean a program designed to create temporary employment in the public sector and in community-based organizations, and to provide the participants of such program with education and training, career counseling, and related services, to enhance their ability to secure permanent employment after their participation in such program.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2000/014.
* Editor's note: there are two sections designated as § 21-502.
a. The mayor shall direct the commissioner to establish a transitional jobs program, which shall consist of a total of two thousand five hundred temporary jobs in the public sector and in community-based organizations, at least two-thirds of which shall be created within local government agencies in the public sector. Such total number of two thousand five hundred temporary jobs shall exist for a period of thirty-six months, commencing on January first, two thousand one; provided, however, that each participant in the transitional jobs program shall only be employed by a sponsoring or affiliated organization for a period not to exceed twelve months, and that each specific job created pursuant to the transitional jobs program shall be retained for at least twelve months. An initial group of two thousand five hundred participants shall commence employment on January first, two thousand one. A second group of two thousand five hundred participants shall commence employment on January first, two thousand two, and a final group of two thousand five hundred participants shall commence employment on January first, two thousand three.
b. The jobs created in local government agencies pursuant to this chapter shall, consistent with applicable collective bargaining laws and agreements, be accreted to appropriate existing collective bargaining units.
c. In implementing the transitional jobs program, the mayor shall direct the commissioner to select which local government agencies shall be sponsoring organizations. In making such determination, the commissioner may work in cooperation with the commissioners of other local government agencies and may, consistent with obligations under collective bargaining laws and agreements, consult with the heads of collective bargaining organizations, and may consider each prospective agency's prior experience hiring welfare recipients and the unemployed, its prior experience assisting such individuals in finding jobs, its prior experience providing education and training, career counseling, and related services to its employees, its plans to address or fulfill the needs of communities throughout the city of New York, its plans to employ or facilitate the employment of certified individuals, its plans to provide case management to participants, and its plans to assist in the permanent placement of participants following their participation in the transitional jobs program.
d. In meeting the goal of placing participants in community based organizations pursuant to this chapter, the mayor may direct the commissioner to issue a request for proposals or to utilize any other procurement method that he or she deems necessary to select community-based organizations to become sponsoring organizations. To determine which community-based organizations shall become sponsoring organizations, the commissioner may consider an organization's prior experience hiring welfare recipients and the unemployed, its prior experience assisting such individuals in finding jobs, its prior experience providing education and training, career counseling, and related services to its employees, its plans to address or fulfill the needs of communities throughout the city of New York, its plans to employ or facilitate the employment of certified individuals, its plans to provide case management to participants, and its plans to assist in the permanent placement of participants following their participation in the transitional jobs program. Where the employees of a community-based organization that has been selected to become a sponsoring or affiliated organization are members of a collective bargaining unit, such collective bargaining unit shall, consistent with applicable collective bargaining laws and agreements, have the opportunity to comment on such selection. The commissioner shall respond to such comments within fifteen days of their receipt.
e. Each sponsoring or affiliated organization may employ any certified individual, and employment with a sponsoring or affiliated organization shall be for a period not to exceed twelve months.
f. The sponsoring organizations shall provide each participant with the necessary case management to enable the participant to succeed in the transitional jobs program, build his or her job skills, and enhance his or her chances of securing permanent employment after participating in the transitional jobs program.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2000/014.
* Editor's note: there are two sections designated as § 21-503.
Except as otherwise provided by law, the commissioner shall have the power and it shall be the commissioner's duty to perform the following functions and duties relating to the transitional jobs program:
1. To ensure that at least sixty percent of all participants were receiving family assistance at the time of their certification, and that at least forty percent of all participants were either receiving safety net assistance, were unemployed for at least six months or had exhausted their unemployment insurance at the time of their certification. The commissioner shall also ensure that at least fifty percent of all participants faced serious barriers to employment or were participating in the work experience program at the time of their certification. Serious barriers to employment shall include, but not be limited to, a lack of basic work-related skills, a high school diploma or English proficiency. In addition, any person who is either a teen parent, a former substance user, disabled, homeless or a victim of domestic violence, or any person who has a criminal record, HIV/AIDS or an HIV/AIDS-related illness or any other life-threatening illness shall be presumed to face serious barriers to employment;
2. To establish an application procedure for those individuals seeking to participate in the transitional jobs program;
3. To request that community-based organizations and all local government agencies, including private industry councils, social services intake centers and unemployment offices, publicize the existence of the transitional jobs program to those individuals who may be eligible to participate in such program;
4. To notify recipients of family assistance and safety net assistance of their right to apply for participation in the transitional jobs program;
5. To certify eligible individuals for participation in the transitional jobs program, to promptly notify such certified individuals of their certification in writing, and to establish a list of all certified individuals for use by the sponsoring organizations;
6. To develop an assessment formula to evaluate the job skills, the prior work and educational experience and the case management needs of each certified individual, and to provide such information to the appropriate sponsoring organization;
7. To ensure that the sponsoring organizations provide each participant with the necessary case management to help the participant to succeed in the transitional jobs program, build his or her job skills, and enhance his or her chances of securing permanent employment after participating in the transitional jobs program;
8. To ensure that participants are informed of their eligibility to receive state and federal earned income tax credit and are offered assistance in applying for advance payment of such credit;
9. To ensure that each community-based organization is in compliance with section 21-505(g) of this chapter, and to further ensure that a community-based organization that submits false information under section 21-505(g) of this chapter shall not be permitted to be a sponsoring or affiliated organization in the transitional jobs program; and
10. To ensure that the powers and duties of the commissioner as set forth in this section are carried out by public employees.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2000/014.
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