Chapter 51 - TRANSITORY PROVISIONS

Section 1140.

Section 1140.

  §  1140.  Relation  of this charter to existing law. It is the purpose
and intent of this charter to  set  forth  the  structure  of  the  city
government  and the manner in which it is to operate, in accordance with
the provisions of  chapter  six  hundred  thirty-four  of  the  laws  of
nineteen  hundred  seventy-two, as amended, and to continue in force all
provisions of the New York City Charter  adopted  on  November  seventh,
nineteen  hundred sixty-one, as amended, and all other provisions of law
affecting the city and the counties within the  city,  not  inconsistent
with  the  provisions  of  this  charter, in force at the time when this
charter shall take effect, until repealed or amended or until  continued
in    the   revision,   simplification,   consolidation,   codification,
restatement and annotation of the administrative code of the City of New
York.

Section 1141.

Section 1141.

  §  1141.  Rights of officers and employees preserved.  Nothing in this
charter 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 charter shall take effect, or any provision of law in force at
the time when this charter shall take effect and not  inconsistent  with
the   provisions   of  this  charter,  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 officers or
employees of any agency.

Section 1142.

Section 1142.

  §  1142.    Continuity of powers and duties.  Any agency or officer to
whom are assigned by this charter any powers and duties  shall  exercise
such  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 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  powers  or
duties and applicable to the agency or officer formerly  exercising such
powers  and duties shall, so far as not inconsistent with the provisions
of this charter, apply to the agency or officer to which such powers and
duties are assigned by this charter.

Section 1143.

Section 1143.

  §  1143.    Transfer  of officers and employees in case of transfer of
functions.  Wherever by any provision of this charter 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 municipal civil service who at the time when
such charter provisions 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  charter,
without  examination  and  without  affecting  existing  compensation or
pension or retirement rights, privileges or obligations of such officers
and employees.

Section 1144.

Section 1144.

  §  1144.  Transfer of records and property.  All records, property and
equipment whatsoever of any agency or part thereof, all the  powers  and
duties  of which are assigned to any other agency by this charter, shall
be transferred and delivered to the agency  to  which  such  powers  and
duties  are so assigned.  If part of the powers and duties of any agency
or part thereof are by this charter  assigned  to  another  agency,  all
records,  property  and  equipment relating thereto shall be transferred
and delivered to the agency to which  such  powers  and  duties  are  so
assigned.

Section 1145.

Section 1145.

  §  1145.    Continuity of agencies. a. Any agency provided for in this
charter with a name the same or substantially the same  as  that  of  an
agency  heretofore existing shall be deemed to be a continuation of such
agency heretofore existing and shall exercise its powers and  duties  in
continuation  of  their  exercise  by  the agency by which the same were
heretofore exercised and shall have  power  to  continue  any  business,
proceeding  or other matter commenced by the agency by which such powers
and duties were heretofore exercised.  Any provision in any  law,  rule,
regulation,  contract, grant or other document relating to such formerly
existing agency shall, so far as not inconsistent with the provisions of
this charter, apply to such agency provided for by this charter.
  * b.  The commissioner of finance shall  have  and  exercise  all  the
functions,  powers  and  duties  exercised  by the treasurer and all the
functions, powers and duties exercised by the comptroller in respect  of
excise  and  non-property  taxes  prior  to  the  first  day of January,
nineteen hundred sixty-three.

  * NB This subdivision was removed by general election and  revived  by
      amendment in L.L. 28/76 § 9

  *  c.    The  commissioner  of finance shall have and exercise all the
functions, powers and duties exercised by the tax  department  prior  to
the  first  day  of January, nineteen hundred sixty-three other than the
function, power and duty to hear  and  determine  applications  for  the
correction of assessments on real property and for the exemption of such
property from taxation.

  * NB This  subdivision  was removed by general election and revived by
      amendment in L.L. 28/76 § 9

Section 1146.

Section 1146.

  §  1146.    Pending actions and proceedings.  No action or proceeding,
civil or criminal, pending at the time  when  this  charter  shall  take
effect,  brought  by or against the city or any agency or officer, shall
be affected or abated by the adoption of this  charter  or  by  anything
therein  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 charter 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 to which such functions, powers
and duties have been assigned or transferred by this charter.

Section 1147.

Section 1147.

  § 1147.  Existing rights and remedies preserved.  No existing right or
remedy of any  character shall be lost or impaired or affected by reason
of the adoption of this charter.