Personnel management; powers and duties of the commissioner.
NYC Charter § 814
in effectSection 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 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 chapter, 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.
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.
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.
(Am. L.L. 2019/012, 1/11/2019, eff. 5/11/2019)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1996/059.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCcharter/0-0-0-6727Fetched: 10/24/2026