Section 810.
§ 810. Department, commissioner. There shall be a department of
citywide administrative services, the head of which shall be the
commissioner of citywide administrative services. The commissioner may
appoint deputies within available appropriations.
Section 811.
§ 811. Powers and duties of the commissioner; general. The
commissioner shall be responsible for citywide personnel matters, as set
forth in this chapter, and shall have all the powers and duties of a
municipal civil service commission provided in the civil service law or
in any other statute or local law other than such powers and duties as
are by this chapter assigned to the mayor, the city civil service
commission or the heads of city agencies; the commissioner shall in
addition have the power to perform all the functions and operations of
the city of New York relating to the maintenance and care of public
buildings and facilities; the procurement of goods and other personal
property; the disposition of surplus property; the provision to city
agencies of services other than personal services; the acquisition,
disposition and management by the city of real property other than
housing; and the provision of automotive, communication, energy, and
data processing services.
Section 812.
§ 812. Personnel management, declaration of intent. a. The personnel
policies and practices of the city government, in furtherance of this
charter, the civil service law and rules and other applicable law,
shall: (1) preserve and promote merit and fitness in city employment,
(2) ensure that appointments and promotions in city service are made,
and that wages are set, without regard to political affiliation, and
without unlawful discrimination based on sex, race, color, religion,
religious observance, national origin, disability, age, marital status,
citizenship status or sexual orientation; and promote and support the
efficient and effective delivery of services to the public.
b. Consistent with subdivision a of this section, the heads of city
agencies shall have such powers, duties and responsibilities for
personnel management as they shall require to administer their agencies
effectively and to supervise, evaluate, motivate, discipline, provide
incentives for and improve the skills of employees of the city.
Section 813.
§ 813. City civil service commission. a. There shall be a city civil
service commission, consisting of five members, not more than three of
whom shall be members of the same political party. Members shall be
appointed by the mayor, from a list of nominations provided by the
screening committee established pursuant to subdivision b of this
section, for overlapping terms of six years. Of the members first
appointed, two shall serve for two years and two for four years and one
for six years. The members shall be removable in the manner provided for
members of a municipal civil service commission in the civil service
law. A vacancy in such commission shall be filled in the same manner as
regular appointments for the balance of the unexpired term. The mayor
shall designate a member as chair and vice chair, respectively, for
one-year terms. Within appropriations for such purposes, the members of
the commission shall be reimbursed on a per diem basis for attendance at
regularly scheduled meetings and hearings of the commission.
b. There shall be a screening committee which shall submit to the
mayor a list of nominees, which shall include persons with knowledge or
experience of the civil service system, or personnel management, or
compensation practices, from which the mayor shall make appointments to
the city civil service commission. Such screening committee shall
consist of six members, of whom four shall be appointed by the mayor and
two shall be appointed by the municipal labor committee. The screening
committee shall submit the list of nominees upon the occurrence of any
vacancy on the commission or at least three months prior to the
expiration of the term of any incumbent member.
c. The commission shall appoint a counsel, who shall not be employed
or retained by any other city agency, and may appoint a secretary and
such other subordinates as may be necessary within the appropriation
therefor.
d. The civil service commission shall have the power to hear and
determine appeals by any person aggrieved by any action or determination
of the commissioner made pursuant to paragraphs three, four, five, six,
seven and eight of subdivision a or paragraph five of subdivision b of
section eight hundred fourteen of this chapter and may affirm, modify,
or reverse such action or determination. Any such appeal shall be taken
by application in writing to the commission within thirty days after the
action or determination appealed from. The commission shall also have
the powers and responsibilities of a municipal civil service commission
under section seventy-six of the state civil service law. In accordance
with the requirements of chapter forty-five, the commission shall
promulgate rules of procedure, including rules establishing time
schedules, for the hearings and determinations authorized by this
section.
e. The commission, on its own initiative, or upon request of the
mayor, council or commissioner, shall have the power and duty to conduct
reviews, studies, or analyses of the administration of personnel in the
city, including the classification of titles by the commissioner.
f. The commission shall prepare and transmit directly to the mayor
departmental estimates as required by section two hundred thirty-one.
The mayor shall include such proposed appropriations for the commission
as a separate agency in the preliminary and executive budgets as are
sufficient for the commission to fulfill the obligations assigned to it
by this charter or other law.
Section 814.
§ 814. Personnel management; powers and duties of the commissioner. a.
The commissioner shall have the following powers and duties in addition
to the powers and duties of a municipal civil service commission
provided in the civil service law, and those vested in the commissioner
as the head of the department, except where any specific power or duty
is assigned to the mayor, heads of city agencies or the civil service
commission pursuant to this chapter:
(1) To recruit personnel;
(2) To make studies in regard to the grading and classifying of
positions in the civil service, establish criteria and guidelines for
allocating positions to an existing class of positions, and grade and
establish classes of positions;
(3) To schedule and conduct examinations for positions in the civil
service;
(4) To establish, promulgate and certify eligible lists in the manner
provided in the civil service law, and the rules of the commissioner;
(5) To determine the appropriateness of eligible lists for the filing
of vacancies in the manner provided in the civil service law and the
rules of the commissioner;
(6) To investigate applicants for positions in the civil service; to
review their qualifications, and to revoke or rescind any certification
or appointment by reason of the disqualification of the applicant or
appointee under the provisions of the civil service law, and the rules
of the commissioner or any other law;
(7) To review any appointment of persons as provisional employees
within sixty days after appointment to assure compliance with this
charter, the civil service law, and any rule or regulation issued
pursuant to this charter or civil service law;
(8) To certify payrolls in accordance with the provisions of the civil
service law and the rules of the commissioner;
(9) To keep records regarding candidates for appointment to the civil
service and officers and employees in the civil service;
(10) To develop and recommend to the mayor standard rules governing
working conditions, vacations and leaves of absence; and career, salary
and wage plans providing for the creation, abolition and modification of
positions and grades and fixing salaries of persons paid from the city
treasury, subject to the provisions of this charter, the civil service
law, other applicable statutes and collective bargaining agreements;
(11) To administer the city-wide safety incentive, training and
development, and other such personnel programs of the city;
(12) To establish and enforce uniform procedures and standards to be
utilized by city agencies in establishing measures, programs and plans
to ensure a fair and effective affirmative employment plan for equal
employment opportunity for minority group members and women who are
employed by, or who seek employment with, city agencies. Such procedures
shall include a time schedule for the development of such plans which
provides for the preparation by each agency of a draft plan, the review
of such draft plan by the department of citywide administrative
services, the equal employment practices commission, and such other
agency as the mayor requires, and the consideration by the agency of any
comments received on such draft plans prior to the adoption of a final
plan as required by paragraph nineteen of subdivision a of section eight
hundred fifteen;
(13) To establish a uniform format to be utilized by all city agencies
in the preparation of the quarterly reports required by subdivision i of
section eight hundred fifteen. Such format shall provide for the
presentation of statistical information regarding total employment,
including provisional, seasonal, per-diem and part-time employees, new
hiring and promotions in a manner which facilitates understanding of an
agency's efforts to provide fair and effective equal opportunity
employment for minority group members, women and members of other groups
who are employed by, or who seek employment with, city agencies;
(14) To develop, in conjunction with other city agencies, a
clearinghouse for information on employment and educational programs and
services for minority group members and women; and
(15) To provide assistance to minority group members and women
employed by, or 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. The commissioner shall have the following powers and duties with
respect to the personnel management functions assigned to city agencies
pursuant to subdivisions a, b, c, and d of section eight hundred
fifteen.
(1) To aid in the development of effective and efficient personnel
programs and professional personnel staffs in the agencies of the city;
and to convene the personnel officers of the agencies from time to time
as a personnel council to consider personnel matters of inter-agency or
of city-wide concern;
(2) To approve agency plans and programs pursuant to paragraphs seven,
nine and thirteen of subdivision a of section eight hundred fifteen;
(3) To establish and enforce standards, guidelines and criteria for
the personnel management functions assigned to the agencies and to audit
performance by the agencies of such personnel functions;
(4) To reverse or rescind any agency personnel action or decision
pursuant to an assignment or delegation of authority in this chapter,
upon a finding of abuse after notification to the agency and an
opportunity to be heard;
(5) To hear and determine appeals by any person aggrieved by any
action or determination of the head of an agency made pursuant to
paragraphs three, five, seven and eleven of subdivision a of section
eight hundred fifteen, subject to review by the civil service commission
as provided in subdivision c of section eight hundred thirteen;
(6) To delegate to the head of an agency personnel management
functions assigned to the commissioner where such delegation is not
otherwise prohibited by the civil service law, and pursuant to terms and
conditions prescribed by the commissioner;
(7) To administer personnel programs of a city-wide nature or common
to two or more departments where administration by separate agencies
would be impracticable and uneconomical;
(8) To annually publish and submit to the mayor, council and the
commission on equal employment practices a report on the activities of
the department of citywide administrative services and city agencies to
provide fair and effective affirmative employment practices to ensure
equal employment opportunity for minority group members and women who
are employed by, or who seek employment with, city agencies. Such report
shall include, but not be limited to, an analysis of the city government
workforce and applicants for such employment by agency, title and
classification; a description of each agency's employment practices,
policies and programs; an analysis of the effectiveness of the city's
efforts to provide fair and effective affirmative employment practices
to ensure equal employment opportunity for minority group members and
women who are employed by, or who seek employment with, city agencies;
and such legislative, programmatic and budgetary recommendations for the
development, implementation or improvement of such activities as the
commissioner deems appropriate.
c. The commissioner shall promulgate rules and regulations relating to
the personnel policies, programs and activities of city government in
furtherance of and consistent with the state civil service law and this
chapter. The commissioner shall transmit to the state civil service
commission each proposed rule which must be submitted to such
commission, including any which establishes or reclassifies titles in
the non-competitive or exempt class, within sixty days after the public
hearing has been held on such rule.
d. The commissioner shall, at the time requested by the city civil
service commission or the equal employment practices commission, provide
each commission with all the information which such commission deems
necessary to fulfill the duties assigned to it by the charter. The
provisions of this subdivision shall not apply to any information which
is required by law to be kept confidential or which is protected by the
privileges for attorney-client communications, attorney work products,
or material prepared for litigation.
e. The commissioner shall submit a quarterly report to the mayor, the
council, the civil service commission and the equal employment practices
commission. Such report shall specify, by agency and by title, including
temporary titles:
(1) the number of provisional employees at the end of the second month
of the quarter;
(2) the length of time such provisional employees have served in their
positions; and
(3) the actions taken by the city to reduce the number of such
provisional employees and the length of their service in such positions.
Such reports shall be submitted by the last day of March, June,
September, and December of each year.
Section 815.
§ 815. Agency heads; powers and duties concerning personnel
management. 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 thirty 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 one hundred six;
(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 one of section sixty-one 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. 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;
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.
Section 816.
§ 816. Management service. a. The commissioner, in consultation with
the heads of agencies, shall develop and submit to the mayor a city-wide
plan and schedule for the development of qualified and competent
technical, professional, management, administrative, and supervisory
personnel in the civil service to meet the managerial needs of city
government. The mayor shall approve, disapprove or modify the plan
within one year after the effective date of this chapter.
b. The city-wide plan shall establish a management service for city
agencies and shall provide for:
(1) Membership in the service of employees with significant policy,
administrative, supervisory, managerial or professional duties that
require the exercise of independent judgment in the scheduling and
assignment of work, program management or planning, evaluation of
performance or allocation of resources; and including the ranking
officials assigned to the local service districts of agencies within
community districts and boroughs;
(2) Opportunities for entry into the service by qualified civil
servants and qualified persons not employed by the city consistent with
requirements of the civil service law;
(3) A city-wide qualifying test for entry into the service;
(4) Assessments of capacity and potential to perform managerial duties
as part of competitive tests for entry into the service and assignments
within the service;
(5) A single managerial class of positions for each occupational
series within the service with assignment levels within each such class;
(6) A plan for achieving equitable pay scales for members of the
service consonant with their duties and responsibilities;
(7) Merit increases, incentive awards, and recognition programs for
members of the service;
(8) Performance evaluations for members of the service to be used for
assignments, incentive awards, probationary period review, and
disciplinary action;
(9) A probationary period not to exceed one year for members of the
service;
(10) Management intern programs; and
(11) Training and career development programs.
c. The commissioner shall conduct city-wide programs and functions
related to the management service; assist agencies in the implementation
of the management service plan; and review and evaluate agency
performance under the plan.
Section 817.
§ 817. Appointments and promotions. a. All appointments, promotions
and changes in status of persons in the public service of the city shall
be made in the manner prescribed by the constitution of the state and in
accordance with the provisions of the civil service law and other
provisions of law not inconsistent therewith nor with this charter.
b. Whenever qualifications for the appointment of persons to public
office are prescribed by law, the appointing officer shall, upon making
such appointment, file with the civil service commission a certificate
that such appointment complies with such law.
Section 818.
§ 818. Power of investigation. The commissioner shall have the power
to make investigations concerning all matters touching the enforcement
and effect of the provisions of the civil service law insofar as it
applies to the city and the rules and regulations prescribed thereunder,
or concerning the actions of any examiner or subordinate of the
department, or of any officer or employee of the city or of any county
within the city, in respect to the execution of the civil service law;
and in the course of such investigations the commissioner shall have the
power to administer oaths, to compel the attendance of witnesses, and to
examine such persons as deemed necessary.
Section 819.
§ 819. No compensation to unauthorized employee. No officer of the
city whose duty is to sign or countersign warrants shall draw, sign or
issue, or authorize the drawing, signing or issuing of any warrant on
the commissioner of finance or other disbursing officer of the city for
payment of salary to any person in its service whose appointment or
retention has not been in accordance with the civil service law and the
valid rules in force thereunder.
Section 820.
§ 820. Examination for licenses. The commissioner shall, unless
otherwise provided by law, have power, upon request of any person
charged with the duty of issuing licenses or permits, to conduct, under
rules and regulations to be established by the commissioner,
examinations and tests to determine the qualifications of persons
applying for such licenses or permits. The commissioner shall certify to
the person having power to issue the license or permit the result of any
such examination or test.
Section 821.
§ 821. Officers or employees designated to serve in exempt civil
service positions. a. Notwithstanding any provision in this charter to
the contrary, the mayor or head of an agency may designate any officer
or employee occupying a position in the competitive class of the civil
service to serve in a position in the exempt class, and in such case,
the officer or employee so designated shall thereupon enter upon and
exercise all the powers and duties and receive the salary of such exempt
position, and shall retain all the rights, privileges and status of such
officer or employee's position in the competitive class.
b. The appointment of any person chosen to fill the position thus left
vacant shall be temporary and shall terminate upon the return of such
officer or employee to such position as provided in subdivision e of
this section.
c. Such designation shall be in writing and shall be filed and remain
of record in the office of such agency, in the office of the
commissioner and in the office of the mayor and shall remain in force
until revoked by the mayor or head of such agency, as the case may be.
d. Service in such position in the exempt class shall be credited as
service in the competitive class and the status of such officer or
employee in respect to pensions or otherwise shall not be adversely
affected by such designation.
e. Upon the termination of the officer or employee's services in such
exempt position, except by dismissal for cause in the manner provided in
section seventy-five of the civil service law, such officer or employee
shall immediately and without further application return to the position
in the competitive class with the status, rights, privileges and salary
enjoyed immediately prior to the designation to the position in the
exempt class.
Section 822.
§ 822. Public buildings and facilities. With respect to public
buildings and facilities, the commissioner shall have the following
powers and duties:
(a) to manage, alter, repair, operate, maintain and clean buildings,
facilities and offices leased or occupied for public use by more than
one city agency whose management, alteration, repair, operation,
maintenance or cleaning is paid for in whole or in part from the city
treasury, and as directed by the mayor, to perform services in space
occupied for public use by a single city agency;
(b) except for the provisions of chapter nine of this charter, to
employ, when in the commissioner's opinion such services are necessary
or desirable, qualified consultants in private practice to aid the
commissioner in carrying out his or her duties and responsibilities with
respect to public buildings or facilities; such consulting or advisory
services shall be performed under the supervision of the commissioner;
(c) to exercise and perform such other powers and duties as may be
prescribed by law or delegated to him or her in relation to laboratory
testing of commodities and construction materials.
Notwithstanding the provisions of this section, the exercise of the
powers and duties set forth herein shall be subject to the jurisdiction
of any city agency performing urban renewal and public and
publicly-aided housing functions to the extent, and in such areas, as
directed by the mayor.
Section 823.
§ 823. Procurement of goods, other personal property and services.
With respect to the procurement and disposal of goods and other personal
property and the procurement of services other than personal services,
the commissioner shall have the following powers and duties:
(a) to purchase, inspect, store and distribute all goods, supplies,
materials, equipment and other personal property required by any city
agency, except as otherwise provided by law, or by any office of any
county wholly included in the city for which supplies, materials or
equipment are required, payment for which is made from the city
treasury;
(b) to establish and maintain one or more city storehouses, operating
therein a modern system of stores control, to supply the estimated
current needs of the agencies for which the commissioner is authorized
to purchase. All purchases other than such purchases for stock for
estimated needs and all deliveries from such stock shall be upon
justified requisitions. The commissioner shall also oversee the
establishment of efficient and economical systems of stores control in
other city agencies and review the operations of such storehouses to
assure their efficient and economical management;
(c) to receive all surplus and obsolete personal property not required
by any agency for which the commissioner has the power to make purchases
and all such agencies shall surrender such property to the commissioner
who shall dispose thereof pursuant to rules promulgated by him or her
governing its redistribution, exchange, transfer, sale or other
disposition;
(d) to procure, supply and manage contractual services other than
personal or professional services for the use of city agencies;
(e) to promulgate rules governing the purchase, payment, storage, and
delivery of goods, supplies, materials and equipment by agencies of the
city and the disposal of surplus and obsolete materials, and to
supervise their enforcement;
(f) to classify all goods, supplies, materials and equipment; to adopt
as standards the minimum number of qualities, sizes and types of
commodities consistent with efficient operation and life cycle costs;
and to promulgate and enforce written specifications for all such
standard commodities.
Section 824.
§ 824. Real property. With respect to real property, the commissioner
shall have the following powers and duties:
(a) to purchase, lease, condemn or otherwise acquire real property for
the city, subject to the approval of the mayor, and to sell, lease,
exchange or otherwise dispose of real property of the city, subject to
the requirements of section three hundred eighty-four and subject to
review and approval either pursuant to section one hundred ninety-five,
if applicable, or pursuant to sections one hundred ninety-seven-c and
one hundred ninety-seven-d. No such purchase, lease, condemnation or
other acquisition shall be authorized until a public hearing has been
held with respect to such acquisition after the publishing of notice in
the City Record at least ten days but not more than thirty days in
advance of such hearing; provided, however, that in the case of an
acquisition by purchase or condemnation, no such hearing shall be
required if a public hearing is held with respect to such purchase or
condemnation pursuant to any other requirement of law. In the case of a
lease in which the city is to be the tenant, the notice for the hearing
required in this subdivision shall include a statement of the location
and proposed use of the premises, and the term and annual rent of the
proposed lease. Before submitting an application pursuant to section one
hundred ninety-seven-c for an acquisition or a disposition pursuant to
this section, the commissioner shall take into consideration the
criteria for location of city facilities established pursuant to section
two hundred three. If two years, not including time spent in litigation,
have elapsed between (1) the final approval of a dispostion or
acquisition pursuant to section one hundred ninety-seven-c and section
one hundred ninety-seven-d and (2) execution of an agreement in
connection with such dispostion or acquisition, a public hearing shall
be held on the proposed acquisition or disposition after the publishing
of notice in the City Record at least forty-five days in advance of such
hearing;
(b) to assign and reallocate to city agencies space and real property
owned or leased by the city, to establish comprehensive and continuing
programs and standards for utilization of space owned or leased by the
city and to conduct surveys of space utilization;
(c) to manage all real property of the city not used for public
purposes, including real property acquired for a public purpose and not
being currently utilized for such purpose, except wharf property or
other real property under the jurisdiction of the department of small
business services, the department of housing preservation and
development, the New York city transit authority, and the New York city
housing authority by virtue of an authorization granted by the mayor
pursuant to the provisions of subdivision three of section one hundred
twenty-five of the public housing law, or except as otherwise provided
by law, real property under the jurisdiction of the triborough bridge
and tunnel authority; provided, that the commissioner shall be
responsible for the management, leasing or permitting of any parcels of
wharf property and water front property as provided in any designation
made by the commissioner of small business services pursuant to
paragraph b of subdivision two of section thirteen hundred one of this
charter;
(d) to exercise and perform such other powers and duties as may be
prescribed by law or delegated to the commissioner in relation to the
acquisition, disposition, management, site selection, assignment,
demolition or other treatment of real property of the city;
(e) to employ, where desirable, managing agents to manage city
properties and collect rents therefrom and pay bills;
(f) to keep, maintain and annually update a master list of leases
wherein the city or its agencies is a tenant. Such master list shall
contain at least the following information: name and address of lessor,
location wherein lease property is situated, base rent, square footage,
escalation provisions, and any other information which the department
deems necessary and appropriate.
Section 825.
§ 825. Communications and energy. With respect to communications and
energy, the commissioner shall have the following powers and duties:
(a) WNYC Communications Group: to maintain, operate and administer in
conformance with all federal, state and local laws and to use the
facilities of such group to assist any agency which shall require and
use such service and also for the instruction, enlightenment,
entertainment, recreation and welfare of the inhabitants of the city by
the broadcast of any matters which are deemed appropriate and necessary
for the public interest and advantage and to connect such facilities
with any broadcasting station to unite in the broadcasting of such
matters and activities;
(b) Gas and electricity: to have charge and control of furnishing the
city or any part thereof, by contract or otherwise, with gas,
electricity, steam, hot water or other energy source, except such
functions as are exercised by the public utility service of the city.
Section 826.
§ 826. Data processing services. The commissioner shall provide data
processing support, programming, and computer systems analysis services
for city agencies when necessary or desirable, in accordance with
executive orders promulgated by the mayor.
Section 827.
§ 827. Automotive services. The commissioner shall acquire by
purchase, lease or otherwise, vehicles and other automotive equipment
for the use of city agencies; manage, maintain, store and operate a
fleet of motor vehicles; assign fleets to agencies in accordance with
the direction of the mayor and ensure the effective operation of all
shops, yards, garages, fuel depots and other facilities required for the
maintenance of fleets operated by agencies; and ensure the maintenance
of records for all city-owned vehicles.
Section 828.
§ 828. Right of entry. The commissioner, officers and employees of the
department may, in accordance with law, enter upon public or private
property for the purpose of making surveys, borings or other
investigations necessary for the exercise of the powers or the
performance of the duties of the commissioner and the department.
Refusal to permit such entry shall be a misdemeanor punishable by not
more than thirty days' imprisonment or by a fine of not more than fifty
dollars, or both.
Section 829.
§ 829. Performing administrative functions for the office of
administrative trials and hearings and the board of standards and
appeals. The mayor may designate the department to perform specified
administrative functions for the office of administrative trials and
hearings and the board of standards and appeals when the mayor
determines that such a designation will reduce costs or result in more
effective performance of such functions. Such functions may include
personnel services, labor relations, facilities management, purchasing,
management information systems, budget administration, and internal
auditing.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.