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a. The commissioner, in his or her discretion, shall have power to punish any member of the uniformed force who has been guilty of:
1. any legal or criminal offense,
2. neglect of duty,
3. violation of rules,
4. neglect or disobedience of orders,
5. incapacity,
6. absence without leave,
7. conduct injurious to the public peace or welfare,
8. immoral conduct, or
9. any breach of discipline, by forfeiting or withholding pay for a specified time, not exceeding thirty days; by suspension, without pay during such suspension, for a period not exceeding thirty days; or by dismissal from the force. The commissioner may withhold pay, salary or compensation from any member or members of the force for absence for any cause without leave.
b. All pay deducted or forfeited under the provisions of this section shall be retained by the commissioner of finance to the credit of the department, and shall be applicable, in the discretion of the commissioner, to any of the purposes of such department as if originally appropriated therefor.
c. A member of the department shall be dismissed only after he or she has been informed of the cause of the proposed dismissal and has been allowed an opportunity of making an explanation.
d. In the event of the dismissal of any member of the force, he or she shall have the right to a review of the action of the commissioner or his or her deputy by certiorari or other appropriate remedy. Upon being successful in such proceeding, he or she shall be entitled to be reinstated and to receive full pay during the time of his or her suspension or dismissal from office.
e. When and as soon as a member of the uniformed force has been fined, suspended or dismissed, the true cause for such fine, suspension or dismissal shall be entered in writing in a book to be kept for that purpose by the commissioner.
a. A leave of absence to any member of the uniformed force shall not exceed twenty days in any one year, in addition to any vacation period, except upon condition that such member shall waive or release not less than one-half of all salary, pay or compensation and claim thereto, or any part thereof, during such absence.
b. Absence without leave of any member of the uniformed force for five consecutive days shall be deemed and held to be a resignation, and at the expiration of such period the member so absent shall cease to be a member of such force and may be dismissed therefrom without notice.
Each person employed in the sanitation service classification of the classified civil service shall be paid full pay or compensation during absence from duty caused by injury or sickness, except as otherwise provided by law, and subject to such rules and regulations as may be adopted by the commissioner.
a. A member of the uniformed force of the department of sanitation shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a member of the uniformed force, as determined by the department.
b. Nothing in this section shall be construed to affect the rights, powers and duties of the commissioner pursuant to any other provision of law, including, but not limited to, the right to discipline a member of the uniformed force by termination, reduction of salary, or any other appropriate measure; the power to terminate an appointee who has not completed his or her probationary term; and the power to apply for ordinary or accident disability retirement for a member of the uniformed force.
c. Nothing in this section shall be construed to require payment of salary to a member of the uniformed force who has been terminated, retired, suspended or otherwise separated from service by reason of death, retirement or any other cause.
d. A decision as to eligibility for benefits pursuant to this section shall not be binding on the medical board or the board of trustees of any pension fund in the determination of eligibility for an accident disability or accidental death benefit.
e. As used in this section the term "incapacity" shall mean the inability to perform full, limited, or light duty.
Each person employed in the sanitation service classification of the classified civil service on October tenth, nineteen hundred sixty-two who, prior to April eighteenth, nineteen hundred sixty-two, incurred an injury or illness, and who was or is absent from duty in such employment on or after April eighteenth, nineteen hundred sixty-two, as a result of such injury or illness incurred prior to such date, shall be entitled to receive as pay or salary during such absence or absences, an amount equal to the difference between (a) the total of all payments and awards to such employee under the workers' compensation law by reason of such injury or illness, exclusive of the death benefit provided for in section sixteen of the workers' compensation law; and (b) the amount which such employee would have received in full pay or compensation for absences from such duty on or after April eighteenth, nineteen hundred sixty-two because of such injury or illness if section 16-108 of this title, as qualified by the rules and regulations adopted by the commissioner pursuant to such section, were applicable thereto; provided that the amount to which such employee would have been entitled if such section were applicable is greater than the total specified in item (a) hereof. The commissioner, with the approval of the mayor, may adopt rules and regulations in accordance with the procedure prescribed in section eleven hundred five of the charter, setting forth the manner in which the amounts required to be paid under this section shall be payable. Such rules and regulations may also provide that the amount required to be paid under this section for any period during which such employee was absent, or any part of such amount, may be paid to an employee in a lump sum or weekly installments or a combination of both prior to the date upon which the total specified in item (a) is known or determined, on condition that such employee execute an agreement, in a form approved by the corporation counsel, consenting to reimburse the city for any overpayment to him or her resulting from such prior payment, either at the time the amounts specified in item (a) hereunder are received by such employee or by salary deductions to be authorized by such employee in such agreement. Such rules and regulations may contain such other provisions as may be necessary to carry out the purposes of this section.
The commissioner, from time to time, shall propose to the board of health such additions to or amendments of the health code as in his or her opinion will promote sanitary control in the city and conduce to the security of the comfort, life and health of its inhabitants. The commissioner shall set forth fully the reasons for the proposed changes.
The commissioner shall divide the city into a suitable number of districts, each of which shall be under the charge of a district superintendent or supervisory officer who shall be directly responsible to the commissioner for the cleanliness of his or her district. Each of such districts shall be subdivided by such commissioner into sections in charge of foremen or subordinate supervisory officers responsible to such district superintendent or supervisory officer, as well as to the commissioner, for the cleanliness of his or her section.
a. For purposes of this section, "qualifying district" shall mean a sanitation district, or any portion of such district, where each side of the street is scheduled to receive department street cleaning on more than one day each week, and where such sanitation district achieves a cleanliness acceptability rating under the mayor's office of operations scorecard program that is equal to or greater than an average score of ninety percent for the two consecutive fiscal years prior to a community board's request pursuant to subdivision b of this section.
b. Upon written request by the community board for the community district within which a qualifying district is located, the department shall reduce the weekly scheduled frequency of street cleaning by one day for such qualifying district. Prior to making its written request, any such community board shall to the extent practical notify major utilities and communications providers servicing the qualifying district that provide services to 500,000 or more households citywide and that have given such community board appropriate contact information. Failure to notify such utilities and communications providers shall not invalidate any such written request. In making its determination, the community board shall consider the impact of such a request on such utilities and communications providers' ability to install, repair and maintain critical infrastructure in such district.
c. Notwithstanding the provisions of subdivisions a and b of this section, such reduction in frequency shall not apply to metered streets or those portions of a qualifying district that receive department street cleaning between the hours of midnight and 6:00 a.m.
d. In qualifying districts where, pursuant to subdivision b of this section, the department has reduced street cleaning or a community board has requested such a reduction, the department shall have the option to resume or maintain the original street cleaning schedule if the sanitation district receives an average score of less than ninety percent under the mayor's office of operations scorecard program for any period of three consecutive months, or if the average score for such sanitation district falls below ninety percent over a period of two consecutive fiscal years.
a. Definitions. For purposes of this section, the following terms have the following meanings:
Street cleaning regulations. The term "street cleaning regulations" means parking regulations created for the purposes of facilitating street cleaning that are either: (i) on posted signs consisting of the letter "P" with a broom through it, or (ii) on posted signs containing "No Parking" rules restricting parking on one day per week or on alternate days, except that signs restricting parking for a period of six or more consecutive hours on one day per week or on alternate days are not street cleaning regulations.
Global positioning system. The term "global positioning system" or "GPS" means the global positioning system, or a comparable location tracking technology, that uses navigational satellites to determine a location in real time and is capable of collecting, storing and transmitting geographical data.
Street sweeper. The term "street sweeper" means a vehicle under the jurisdiction of the department that is equipped with a mechanical broom to clean streets.
b. GPS equipment. The commissioner shall require that all street sweepers be equipped with GPS technology and that such technology is in operation during street cleaning.
c. Publication of information regarding progress of street sweepers. Not later than December 31, 2023, the commissioner, in consultation with the department of information technology and telecommunications and the department of transportation, shall publish and maintain a page on the department's website that allows the public to track the progress of street sweepers in servicing blocks with scheduled street cleaning regulations, using data from GPS devices installed on such sweepers. Such GPS data shall be preserved and publicly available on a city website. Such reported information shall not be construed to allow a driver to park on a block where parking is prohibited by street cleaning regulations during the time such street cleaning regulations are in effect.
d. Report. Not later than June 30, 2024, and every six months thereafter for two years, the commissioner shall submit a report on street cleaning, using data from GPS devices installed on street sweepers, to the mayor and the speaker of the council and post such report on the department's website. Such report shall include, but not be limited to:
1. The number of routes a street sweeper was scheduled to service in such sanitation district in accordance with posted street cleaning regulations;
2. The percentage of routes completed by a street sweeper in such district; and
3. Any explanation as to why routes in such district were not completed as scheduled, if applicable.
(L.L. 2023/009, 1/21/2023, eff. 1/21/2023)
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