L.L. 1990/071

Enactment date: 11/27/1990

Int. No. 527

By Council Member Gerges (by request of the Mayor)

A Local Law to amend the New York city charter, in relation to the powers and duties of the department of telecommunications and the department of environmental protection with respect to energy policies and programs

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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§ 3. Any agency or officer to which are assigned by this local law any functions, powers and duties shall exercise such functions, powers and duties in continuation of their exercise by the agency or officer by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter commenced by the agency or officer by which such functions, 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 functions, powers or duties, and applicable to the agency or officer formerly exercising the same shall, so far as not inconsistent with the provisions of this local law, apply to the agency or officer to which such functions, powers and duties are assigned by this local law.

§ 4. Any rule or regulation in force on the effective date of this local law, and promulgated by an agency or officer whose power to promulgate such type of rule or regulation is assigned by this local law to some other agency or officer, shall continue in force as the rule or regulation of the agency or officer to whom such power's assigned, except as such other agency or officer may hereafter duly amend, supersede or repeal such rule or regulation.

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

§ 6. No existing right or remedy of any character shall be lost or impaired or affected by reason of the adoption of this local law.

§ 7. 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 head of the agency or the officer to which such functions, powers and duties have been assigned or transferred by this local law.

§ 8. Whenever by any provision of this local law functions, powers or duties are assigned to any agency or officer which have been heretofore exercised by any other agency or officer, all officers and employees in the classified city civil service who at the time that this local law shall take effect are engaged in the performance of such functions, powers or duties may be transferred to the agency to which such functions, powers or duties are assigned by this local law, without examination and without affecting existing compensation or pension retirement rights, privileges or obligations of such officers or employees.

§ 9. 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 of any agency.

§ 10. This local law shall be retroactive to and shall be deemed to have been in full force and effect on and after July 1, 1990.