L.L. 1985/069

Enactment date: 11/25/1985

Int. No. 854-A

By Council Member Vallone (by request of the Mayor)

A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to transferring certain functions of the department of general services with respect to gas and electricity to the department of buildings, the department of transportation and the department of consumer affairs

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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§ 27. Any agency or officer to which is 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.

§ 28. 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 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 is assigned, except as such agency or officer may hereafter duly amend, supersede, or repeal such rule or regulation.

§ 29. If any of the functions, powers or duties of any agency 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 delivery to the agency to which such function, power or duty is so assigned.

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

   b.   Any license or permit in force on the effective date of this local law, and issued by an agency or officer whose power to issue such type of license or permit is assigned by this local law to some other agency or officer, shall continue in force according to its terms and applicable law and shall then be renewable in accordance with applicable law by the agency or officer to which such power is assigned.

§ 31. 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 that 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.

§ 32. 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 shall 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 or retirement rights, privileges or obligations of such officers and employees.

§ 33. Nothing in this local law contained 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.

§ 34. This local law shall take effect one hundred and eighty days after it shall become a law.