L.L. 1994/024

Enactment date: 7/5/1994

Int. No. 368-A

By Council Members Pinkett, Pagan, Eristoff, Fusco and Stabile (by the request of the Mayor); also Council Member O'Donovan (Passed under a message of necessity by the Mayor)

A Local Law to amend the New York city charter, in relation to consolidating the department of telecommunication and energy and the computer and data communications services agency into a department of information technology and telecommunications, transferring certain powers and duties relating to telecommunications from the department of general services to the department of information technology and telecommunications and transferring certain powers and duties relating to energy from the department of telecommunications and energy to the department of business services, and to repeal chapter 3 of title 23 of the administrative code of the city of New York, relating to the computer and data communications services agency

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 9. Any agency or officer to whom are assigned by this local law any powers and duties shall exercise such powers and duties in continuation of their exercise by the agency or officer by whom the same were heretofore exercised and shall have the power to continue any business, proceeding or other matter commenced by the agency or officer by whom 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 or duties and applicable to the agency or officer formerly exercising such powers and duties shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to whom such powers and duties are assigned by this local law. Any rule in force on the effective date of this local law and promulgated by an agency or officer whose power to promulgate such rule is assigned by this local law to another agency or officer 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continue in force as the rule of the agency or officer to whom such power is assigned, unless and until such rule is superseded, amended, or repealed.

§ 10. 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 powers and duties of any agency or officer party thereto may by this focal law be assigned to another agency or officer, but in that event the same may be prosecuted or defended by the head of the agency to which such powers and duties have been assigned by this local law.

§ 11. Nothing contained in this local law shall affect or impair the rights or privileges of officers or employees of the city or of any agency existing at the time when this local law shall take effect, or any provision of law in force at the time when this local law shall take effect and not inconsistent with the provisions of this local law, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights or any other rights or privileges of officers or employees of the city generally or officers or employees or any agency.

§ 12. Officers and employees in the classified municipal civil service who are transferred to the department of information technology and telecommunications or the department of business services pursuant to the adoption of this local law shall be transferred without examination and without affecting existing compensation or pension or retirement rights, or other privileges or obligations of such officers and employees.

§ 13. No existing right or remedy of any character shall be lost or impaired or affected by reason of the adoption of this local law. Any lease, license, permit or contract in force on 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.

§14. If any of the powers and duties of any agency or part thereof are by this local law assigned to another agency, all records, property and equipment relating to such assigned powers and duties shall be transferred and delivered to the agency to which such powers and duties are so assigned.

§ 15. This local law shall take effect immediately.