L.L. 1996/081

Enactment date: 9/26/1996

Int. No. 790-A

By Council Members Robles, Clarke, Malave-Dilan, Eristoff, Stabile, Warden and Rosado (by the request of the Mayor); also Council Members Fisher and Pinkett

A Local Law to amend the New York City charter and the administrative code of the city of New York, in relation to creating the department of youth and community development

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. Any agency or officer to whom are assigned by this local law any powers and duties shall have the power to continue any business, proceeding or other matter commenced by the agency or officer by which such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject matter of such powers and duties shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such powers and duties are assigned by this local law. Any rule in force upon the effective date of this local law and promulgated by an agency or officer whose power to promulgate such rule is assigned to another agency or officer by this local law, including any rule or regulation previously adopted pursuant to provisions of federal or state law relating to the community services block grant program; shall continue in force as the rule of the agency or officer to whom such power is assigned, unless and until such rule is superseded, amended or repealed.

§ 4. No action or proceeding, civil or criminal, pending at the time when this local law shall take effect, brought by or against the city or any agency or officer, shall be affected or abated by the adoption of this local law or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by this local law be assigned or transferred to another agency or officer, but in the event the same may be prosecuted or defended by the agency to which such functions, powers and duties have been assigned by this local law.

§ 5. No existing right or remedy of any character accruing to the city shall be lost, impaired or affected by reason of adoption of this local law. Any lease, license, permit or contract in force upon the effective date of this local law, and entered into or issued by an agency or officer whose power to enter into such type of lease, license, permit or contract is assigned by this local law to another agency or officer shall continue in force according to its terms and applicable law.

§ 6. All records, property and equipment relating to a function, power or duty that is transferred pursuant to this local law shall be transferred and delivered to the agency to which such function, power or duty is transferred.

§ 7. Whenever, pursuant to this local law, functions, powers or duties are transferred to any agency which have been heretofore exercised by any other agency, officers and employees in the classified city civil service who are engaged in the performance or such powers or duties may be transferred to the agency to which such powers or duties have been transferred, without further examination or qualification, and shall retain their respective civil service classifications and civil service status.

§ 8. This local law shall take effect thirty days after enactment.