Section 830.
* § 830. a. There shall be an equal employment practices commission
which shall review, evaluate and monitor the employment procedures,
practices and programs of any city agency and the department of citywide
administrative services to maintain an effective affirmative employment
program of equal employment opportunity for minority group members and
women who are employed by or who seek employment with city agencies.
b. The commission shall consist of five members who, shall be
compensated on a per diem basis. The mayor and the council shall each
appoint two members. In addition, the mayor and the speaker of the
council shall appoint a fifth member to serve as the chair of the
commission for a term of four years.
c. A vacancy in the commission shall not impair the right of the
remaining members to exercise all the powers of the commission and three
members thereof shall constitute a quorum.
d. Members shall be appointed for four-year terms except that of the
members first appointed, one of those appointed by the mayor and one of
those appointed by the council shall serve for terms expiring on the
thirtieth day of June, nineteen hundred ninety-two, one of those
appointed by the mayor and one of those appointed by the council shall
serve for terms expiring on the thirtieth day of June nineteen hundred
ninety-five; and the chair shall serve for a term expiring on the
thirtieth day of June, nineteen hundred ninety-four.
e. The commission may, within the appropriations available therefor,
appoint an executive director and such deputies, assistants, and other
employees as may be needed for the performance of the duties prescribed
herein.
f. The commission may meet as necessary to implement the provisions of
this chapter provided that the commission shall meet at least once every
eight weeks.
* N.B. No section heading was enacted
Section 831.
§ 831. Duties and powers of the New York city equal employment
practices commission. a. The commission: (i) shall monitor the
employment policies, programs and practices of each city, county,
borough or other office, administration, board, department, division,
commission, bureau, corporation, authority, or other agency of
government, where the majority of the board members of such agency are
appointed by the mayor or serve by virtue of being city officers or the
expenses of which are paid in whole or in part from the city treasury,
including the board of education, city and community colleges, the
financial services corporation, the health and hospital corporation, the
public development corporation, and the city housing authority; and (ii)
monitor the coordination and implementation of any city affirmative
employment program of equal employment opportunity for minority group
members and women who are employed by or who seek employment with city
agencies, including the activities of the department of citywide
administrative services, and the civil service commission, pursuant to
chapter thirty-five, and any other agency designated by the mayor to
assist in the implementation or coordination of such efforts, and all
city agencies required by section eight hundred fifteen to establish
agency programs.
b. The commission may request and shall receive from any city agency
such information, other than information which is required by law to be
kept confidential or which is privileged as attorney-client
communications, attorney work products or material prepared for
litigation, and such assistance as may be necessary to carry out the
provisions of this chapter.
c. The commission shall communicate to the commission on human rights
any information regarding suspected or alleged violations of chapter one
of title eight of the administrative code.
d. The commission shall have the following powers and duties:
1. to review the uniform standards, procedures, and programs of the
department of citywide administrative services pursuant to paragraphs
twelve and fourteen of subdivision a of section eight hundred fourteen,
and to review the plans adopted by city agencies in accordance with the
provisions of paragraph nineteen of subdivision a of section eight
hundred fifteen, and to provide any such agency or the department of
citywide administrative services with such comments and suggestions as
the commission deems necessary and appropriate;
2. to recommend to the department of citywide administrative services,
all city agencies, or any one or more particular agencies, procedures,
approaches, measures, standards and programs to be utilized by such
agencies in their efforts to ensure a fair and effective affirmative
employment program of equal employment opportunity for minority group
members and women who are employed by or seek employment with city
agencies;
3. to recommend to any city agency actions which such agency should
consider including in its next annual plan as required by paragraph
nineteen of subdivision a of section eight hundred fifteen;
4. to advise and, if requested, assist city agencies in their efforts
to increase employment of minority group members and women who are
employed by or who seek employment with city agencies;
5. to audit and evaluate the employment practices and procedures of
each city agency and their efforts to ensure fair and effective equal
employment opportunity for minority group members and women at least
once every four years and whenever requested by the civil service
commission or the human rights commission or whenever otherwise deemed
necessary by this commission;
6. to make such policy, legislative and budgetary recommendations to
the mayor, council, the department of citywide administrative services
or any city agency as the commission deems necessary to ensure equal
employment opportunity for minority group members and women;
7. to publish by the fifteenth of February of each year a report to
the mayor and the council on the activities of the commission and the
effectiveness of each city agency's affirmative employment efforts and
the efforts by the department of citywide administrative services to
ensure equal employment opportunity for minority group members and women
who are employed by or seek to be employed by city agencies;
8. to establish appropriate advisory committees;
9. to serve with such other agencies or officials as shall be
designated by the mayor as the city liaison to federal, state and local
agencies responsible for compliance with equal employment opportunity
for minority group members and women who are employed by or who seek to
be employed by city agencies; and
10. to take such other actions as are appropriate to effectuate the
provisions and purposes of this chapter.
Section 832.
§ 832. Compliance Procedures. a. The commission shall conduct such
study or investigations and hold such hearings as may be necessary to
determine whether agencies are in compliance with the equal employment
opportunity requirements of this chapter and chapter thirty-five.
b. For the purpose of ascertaining facts in connection with any study
or investigation authorized by this chapter, the commission shall have
power to compel the attendance of witnesses, to administer oaths and to
examine such persons as they may deem necessary. The commission or any
agent or employee thereof duly designated in writing by them for such
purposes may administer oaths or affirmations, examine witnesses in
public or private hearing, receive evidence and preside at or conduct
any such study or investigation.
c. If the commission makes a preliminary determination pursuant to
subdivision d of section eight hundred thirty-one, that any plan,
program, procedure, approach, measures or standard adopted or utilized
by any city agency or the department of citywide administrative services
does not provide equal employment opportunity; and/or if the commission
makes a preliminary determination pursuant to this chapter and chapter
thirty-five, that an agency has not provided equal employment
opportunity, the commission shall notify the agency in writing of this
determination and provide an opportunity for the agency to respond. If
the commission, after consideration of any such response and after
consulting with the agency, concludes that the corrective actions, if
any, taken or planned by the agency are not sufficient to correct the
non-compliance identified in the preliminary determination, it should
make a final determination in writing, including such recommended
corrective action as the commission may deem appropriate. The agency
shall within thirty days thereafter respond to the commission on any
corrective action it intends to make and shall make monthly reports to
such commission on the progress of such corrective action. If the
commission, after a period not to exceed six months, determines that the
agency has not taken appropriate and effective corrective action, the
commission shall notify the agency in writing of this determination and
the commission may thereafter publish a report and recommend to the
mayor whatever appropriate corrective action the commission deems
necessary to ensure compliance with equal employment opportunity
pursuant to the requirements of this chapter and chapter thirty-five.
Within thirty days of such determination the agency shall submit a
written response to the commission and the mayor. The mayor after
reviewing the commission's findings and the agency's response, if any,
shall order and publish such action as he or she deems appropriate.
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.
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