Editor's note: this section has been amended by L.L. 2024/075, 7/6/2024, eff. 9/4/2024.
a. Subject to the civil service law and applicable provisions of this charter, heads of city agencies shall have the following powers and duties essential for the management of their agencies in addition to powers and duties vested in them pursuant to this charter or other applicable law:
(1) To recruit personnel;
(2) To participate with the department of citywide administrative services in job analyses for the classification of positions;
(3) To allocate individual positions to existing civil service titles;
(4) To allocate individual managerial or executive positions to managerial assignment levels;
(5) To assist the department of citywide administrative services in the determination of minimum qualifications for classes of positions and to review and evaluate qualifications of candidates for positions in the civil service;
(6) To assist the commissioner in the planning and preparation of open competitive examinations;
(7) To schedule and conduct tests other than written tests for promotion to competitive class positions;
(8) To determine whether to hold an open competitive or promotion examination to fill positions in the civil service subject to disapproval of the commissioner within 30 days;
(9) To plan and administer employee incentive and recognition programs;
(10) To fill vacant positions within quarterly spending allotments and personnel controls pursuant to section 106;
(11) To administer and certify eligible lists for classes of positions unique to the agency;
(12) To make appointments to competitive positions from eligible lists pursuant to subsection 1 of section 61 of the state civil service law, which authority shall not be abridged or modified by local law or in any other manner;
(13) To establish and administer performance evaluation programs to be used during the probationary period and for promotions, assignments, incentives and training;
(14) To conduct training and development programs to improve the skills, performance and career opportunities of employees;
(15) To ensure and promote equal opportunity for all persons in appointment, payment of wages, development and advancement;
(16) To administer employee safety programs;
(17) To maintain personnel records;
(18) To perform such other personnel management functions as are delegated by the commissioner pursuant to this chapter or that are not otherwise assigned by this chapter;
(19) To establish measures and programs to ensure a fair and effective affirmative employment plan to provide equal employment opportunity for minority group members and women who are employed by, or who seek employment with, the agency and, in accordance with the uniform procedures and standards established by the department of citywide administrative services for this purpose, to adopt and implement an annual plan to accomplish this objective. Such plan shall include the following information: an analysis of the agency’s compensation data and measures to address pay disparity and occupational segregation, developed both within the agency and as a result of consultation with prospective applicants and external stakeholders, in the most recent fiscal year; diversity and inclusion training; and schedule and workplace accommodations and access to facilities, including access for individuals with disabilities, gender appropriate bathrooms, and lactation rooms. Such plan shall first be submitted to the department of citywide administrative services pursuant to the customary annual plan schedule. Copies of such plans shall be filed with the mayor, council, department of citywide administrative services, equal employment practices commission, and city civil service commission and shall be made available for reasonable public inspection. In carrying out duties related to this paragraph, the heads of city agencies shall cooperate fully with the department of citywide administrative services' office of diversity and inclusion in accordance with section 814.1; and
(20) To provide assistance to minority group members and women interested in being employed by city agencies to ensure that such minority group members and women benefit, to the maximum extent possible, from city employment and educational assistance programs.
b. Within one year from the effective date of this chapter, the head of each agency shall prepare and submit to the mayor and the commissioner a plan and schedule for the discharge of the powers and duties assigned in this section. No such plan shall take effect until approved by the mayor.
c. The mayor may modify, suspend, or withdraw for cause any power or duty assigned or delegated to the head of an agency pursuant to paragraphs three, four, seven, eight, and eleven of subdivision a of this section.
d. Notification prior to each action or decision of an agency pursuant to this chapter which changes the status of an individual employee, a position, or a class of positions shall be provided to the commissioner. The head of each agency shall certify on each payroll that all personnel actions and transactions of the agency conform with the provisions of the civil service law and this chapter, the rules of the commissioner and other applicable law.
e. Before any new position in the city service shall be created, the agency head shall furnish the commissioner of finance with a certificate stating the title of the class of positions to which the position is to be allocated. If the position is to be allocated to a new class of positions, the agency head shall request of the commissioner, and the commissioner shall furnish to the agency head and the commissioner of finance, a certificate stating the appropriate civil service title for the proposed position, the range of salary of comparable civil service positions and a statement of the class specifications and line of promotion into which such new position will be placed and any such new position shall be created only with the title approved by the commissioner,
f. The heads of all agencies shall, except as otherwise provided by law, have power to appoint and remove, subject to the provisions of the civil service law, all chiefs of bureaus and all other officers, employees and subordinates in their respective administrations, departments or offices, without reference to the tenure of office of any appointee and to assign them their duties. Nothing herein shall be construed to preclude the mayor from entering into a collective bargaining agreement which provides for a procedure governing the discipline of employees, including their removal, pursuant to section 12-312 of the administrative code of the city of New York for employees of agencies the heads of which are appointed by the mayor.
g. The heads of city agencies or their designated representatives shall fulfill the requirements for agency participation in matters affecting the management of the agency in advance of collective bargaining negotiations affecting employees of any agency contained in section eleven hundred seventy-seven.
h. The head of each city agency shall ensure that such agency does not discriminate against employees or applicants for employment as prohibited by federal, state and local law.
i. The head of each city agency shall quarterly publish and submit to the mayor, council, department of citywide administrative services, and the equal employment practices commission a report on the agency's efforts during the previous quarter to implement the plan adopted pursuant to paragraph nineteen of subdivision a of section eight hundred fifteen.
j. The head of each city agency shall include in all employment retention, recruitment, training and promotional program literature, advertisements, solicitations and job applications, such language as may be necessary to effectuate the purpose of this chapter.
k. The head of each city agency shall require each employment agency, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding and which is involved in the performance of recruitment and retention with the agency to furnish a written statement that such employment agency, labor union or representative shall not discriminate against employees or applicants for employment pursuant to federal, state or local law and that such union or representative will cooperate in the implementation of the agency's obligations pursuant to this chapter.
l. No later than September 30, 2023, and by each September 30 thereafter, the head of each city agency shall publish and submit to the mayor, the speaker of the council, the department of citywide administrative services, and the equal employment practices commission a report that contains the following information:
(1) Number of new full-time and part-time employees retained by such agency;
(2) Number of employees promoted at such agency, their level of promotion, old and new titles, and their change in pay;
(3) Number of employees terminated by such agency and their pay at the time of termination;
(4) Number of employees that left such agency and the pay received by such employees; and
(5) Aggregated data showing the frequency of full-time, part-time, and seasonal employees retained by such agency, EEO-4 job group, pay band, race, ethnicity, gender, and any factors that affect the pay of such employees.
(Am. L.L. 2019/012, 1/11/2019, eff. 5/11/2019; Am. L.L. 2023/027, 2/21/2023, eff. 6/21/2023; Am. L.L. 2024/076, 7/6/2024, eff. 7/6/2024)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1996/059.