S T A T E   O F   N E W   Y O R K
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                                  7211

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, in relation to providing for
  independent personnel review boards for  the  New  York  city  transit
  authority and the triborough bridge and tunnel authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the  "New  York  city transit authority and triborough bridge and tunnel
authority civil service reorganization act".
  S 2. Legislative findings and intent. The legislature hereby finds and
declares as follows:
  (a) The New York city transit authority, created by  section  1201  of
the  public  authorities  law, was formed in 1953 to acquire and operate
the transit facilities formerly operated by the board of  transportation
of  the  city  of  New York, and those employees were transferred to the
authority from the city with the same status they held when  in  service
to  the  city.  Since  1953,  appointment,  promotion and continuance of
employment of all employees of the authority have been governed  by  the
provisions of the civil service law and the rules of the municipal civil
service commission of the city.
  (b) The triborough bridge and tunnel authority, created by section 552
of the public authorities law, was formed in 1939 to acquire, construct,
maintain  and  improve the bridges and tunnels under the jurisdiction of
such authority. Since 1939, appointment, promotion  and  continuance  of
employment  of  all employees of the authority have been governed by the
provisions of the civil service law and the rules of the municipal civil
service commission of the city.
  (c) The provision of governmental services, including the provision of
transit services and services  relating  to  bridges  and  tunnels,  has
become  increasingly  complex  since  the  creation of the New York city
transit authority and the triborough bridge and  tunnel  authority,  and
the  continued  exercise  of jurisdiction by the municipal civil service

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15575-01-2
              

S. 7211                             2

commission no longer serves the best interests  of  the  city  or  these
authorities.
  (d)  The  specialized needs of transit operations as well as the oper-
ations of the triborough bridge and tunnel authority  require  that  the
New  York  city  transit  authority and the triborough bridge and tunnel
authority be served by independent civil service  commissions  with  the
power  to  promulgate  rules  and  regulations  relating  to the hiring,
promoting and termination of employees.
  (e) Authorizing the New York city transit authority and the triborough
bridge and tunnel authority to exercise such functions  will  facilitate
the operations of the authorities and will enable the city to devote its
attention  to  managing  the  personnel  related  functions of core city
services.
  (f) There exists in the  New  York  city  transit  authority  and  the
triborough bridge and tunnel authority a significant number of positions
involving  the  performance  of managerial functions at a level in these
organizations which makes appropriate their inclusion in the non-compet-
itive class as positions for which it is not  practicable  to  ascertain
the  merit and fitness of the applicant by competitive examination. Such
positions should be classified as non-competitive without further  delay
or the need for hearings.
  (g) It is further declared to be in the public interest to ensure that
the  civil  service  rights  of  employees  of the New York city transit
authority and the triborough bridge and tunnel  authority  be  protected
and  that in the future employees will be subject to the rules and regu-
lations promulgated under the powers granted in this act, which shall be
consistent with the civil service laws of the state.
  S 3. Subdivision 2 of section 1210 of the public authorities  law,  as
added  by chapter 200 of the laws of 1953 and such section as renumbered
by chapter 914 of the laws of 1957, is amended to read as follows:
  2. [The] EXCEPT AS PROVIDED IN SECTION TWELVE HUNDRED  TEN-B  OF  THIS
TITLE,  THE  appointment, promotion and continuance of employment of all
employees of the authority shall be governed by the  provisions  of  the
civil  service  law and the rules of the municipal civil service commis-
sion of the city. Employees of any board, commission  or  department  of
the city may be transferred to positions of employment under the author-
ity in accordance with the provisions of the civil service law and shall
be  eligible  for  such  transfer and appointment without examination to
such positions of employment. Employees who have been appointed to posi-
tions in the service of the city under the rules of the municipal  civil
service  commission  of the city shall have the same status with respect
thereto after transfer to positions of employment under the authority as
they had under their original appointments. Employees of  the  authority
shall be subject to the provisions of the civil service law.
  S  4.  The  public  authorities law is amended by adding a new section
1210-b to read as follows:
  S 1210-B. PERSONNEL SYSTEM; PERSONNEL REVIEW BOARD. 1.  THE  FOLLOWING
WORDS  AND  PHRASES,  AS  USED IN THIS SECTION, SHALL HAVE THE FOLLOWING
MEANINGS:
  (A)  "PERSONNEL  REVIEW  BOARD"  OR  "REVIEW  BOARD"  MEANS  THE  BODY
APPOINTED  PURSUANT  TO  THIS  SECTION BY THE BOARD AND SHALL ACT IN THE
CAPACITY AND FULFILL THE ROLES WHICH WOULD BE PERFORMED BY  THE  COMMIS-
SION,  CIVIL  SERVICE  COMMISSION AND MUNICIPAL CIVIL SERVICE COMMISSION
FOR THE PURPOSES OF APPLYING THE CIVIL SERVICE LAW TO POSITIONS FORMERLY
COVERED BY SUBDIVISION TWO OF SECTION TWELVE HUNDRED TEN OF THIS TITLE.

S. 7211                             3

  (B) "CLASSIFIED SERVICE" MEANS ALL POSITIONS IN  THE  AUTHORITY  WHICH
ARE NOT IN THE UNCLASSIFIED SERVICE.
  (C)  "JURISDICTIONAL CLASSIFICATION" MEANS THE ASSIGNMENT OF POSITIONS
IN THE CLASSIFIED SERVICE TO THE COMPETITIVE, NON-COMPETITIVE, EXEMPT OR
LABOR CLASSES.
  (D) "POSITION  CLASSIFICATION",  "CLASSIFICATION",  "RECLASSIFICATION"
AND  "CLASSIFY"  MEAN  GROUPING  TOGETHER  UNDER  COMMON AND DESCRIPTIVE
TITLES THOSE POSITIONS THAT ARE SUBSTANTIALLY SIMILAR IN  THE  ESSENTIAL
CHARACTER  AND  SCOPE  OF THEIR DUTIES AND RESPONSIBILITIES AND REQUIRED
QUALIFICATIONS.
  2. THE APPOINTMENT, PROMOTION AND CONTINUATION OF  EMPLOYMENT  OF  ALL
EMPLOYEES  OF  THE  AUTHORITY SHALL BE GOVERNED BY THE CIVIL SERVICE LAW
AND THE RULES AND REGULATIONS PRESCRIBED BY THE PERSONNEL  REVIEW  BOARD
WHICH  SHALL  ASSUME  THE POWERS PREVIOUSLY EXERCISED BY THE COMMISSION,
CIVIL SERVICE COMMISSION AND BY THE MUNICIPAL CIVIL  SERVICE  COMMISSION
OF  THE CITY.  UNTIL SUCH TIME AS RULES ARE PROMULGATED BY THE PERSONNEL
REVIEW BOARD, THE  AUTHORITY  SHALL  ADMINISTER  ITS  PERSONNEL  ACTIONS
PURSUANT  TO  RULES  AND REGULATIONS, CLASS SPECIFICATIONS AND PERSONNEL
ORDERS OF THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY  IN  EFFECT
ON  THE  EFFECTIVE DATE OF THIS SUBDIVISION. SUCH RULES AND REGULATIONS,
SPECIFICATIONS AND ORDERS SHALL COLLECTIVELY BE DEEMED TO CONSTITUTE THE
RULES AND REGULATIONS OF THE REVIEW BOARD UNTIL SUCH TIME AS THE  REVIEW
BOARD PROMULGATES ITS OWN RULES AND REGULATIONS. DURING SUCH PERIOD, ANY
REFERENCE TO THE MUNICIPAL CIVIL SERVICE COMMISSION, THE COMMISSIONER OF
CITYWIDE ADMINISTRATIVE SERVICES, THE DEPARTMENT OF CITYWIDE ADMINISTRA-
TIVE  SERVICES  OR  ANY  OTHER GOVERNMENTAL OFFICER, EMPLOYEE, AGENCY OR
OFFICE CONTAINED IN  SUCH  RULES  AND  REGULATIONS,  SPECIFICATIONS  AND
ORDERS  SHALL  BE  DEEMED  TO  REFER  TO THE PERSONNEL REVIEW BOARD, THE
AUTHORITY OR SUCH OTHER POSITION OR PERSON AS MAY BE DESIGNATED  BY  THE
PERSONNEL REVIEW BOARD.
  (A)  NOTWITHSTANDING  ANY  PROVISION  TO THE CONTRARY CONTAINED IN ANY
GENERAL, SPECIAL OR LOCAL LAW, AND EXCEPT AS PROVIDED IN  THIS  SUBDIVI-
SION,  PERMANENT EMPLOYEES OF THE AUTHORITY SHALL CONTINUE TO HOLD THEIR
POSITIONS WITHOUT FURTHER EXAMINATION AND SHALL HAVE ALL THE RIGHTS  AND
PRIVILEGES  OF  THE  JURISDICTIONAL CLASS TO WHICH SUCH POSITIONS MAY BE
ALLOCATED, EXCEPT THAT EFFECTIVE WITH THE ENACTMENT OF THIS SECTION, ALL
MANAGERIAL POSITIONS THAT REPORT TO  THE  PRESIDENT  OF  THE  AUTHORITY,
THEIR DIRECT REPORTS, AND THE DIVISION HEADS THAT REPORT TO THESE DIRECT
REPORTS SHALL BE DESIGNATED AS NON-COMPETITIVE IN RECOGNITION THAT IT IS
NOT  PRACTICABLE  TO ASCERTAIN THE MERIT AND FITNESS FOR THESE POSITIONS
THROUGH COMPETITIVE EXAMINATION. THIS PROVISION SHALL NOT ACT TO  CHANGE
THE  NON-COMPETITIVE CLASSIFICATION OF ANY OTHER POSITION OR TITLE CLAS-
SIFIED AS NON-COMPETITIVE AS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION.
FURTHER,  NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN ANY
GENERAL, SPECIAL OR LOCAL LAW, OR ANY OTHER PROVISION CONTAINED IN  THIS
SECTION,  WITHIN  ONE YEAR FROM THE APPOINTMENT OF THE REVIEW BOARD, THE
AUTHORITY MAY REQUEST THAT THE REVIEW BOARD APPROVE THE RECLASSIFICATION
OR CREATION OF OTHER POSITIONS AND TITLES WITHIN THE AUTHORITY'S MANAGE-
RIAL WORK FORCE AS NON-COMPETITIVE WITHOUT THE NECESSITY OF ANY  FURTHER
REVIEW  IN RECOGNITION THAT IT IS NOT PRACTICABLE TO ASCERTAIN THE MERIT
AND FITNESS FOR THESE POSITIONS  THROUGH  COMPETITIVE  EXAMINATIONS,  SO
LONG  AS THE POSITIONS REQUESTED TO BE CLASSIFIED AS NON-COMPETITIVE ARE
NOT MORE THAN FIVE REPORTING LEVELS FROM THE PRESIDENT OF THE AUTHORITY.
SUCH REQUEST SHALL INCLUDE A DESCRIPTION OF THE DUTIES OF SUCH POSITIONS
AND AN EXPLANATION  OF  THE  JUSTIFICATION  FOR  THE  CLASSIFICATION  AS
NON-COMPETITIVE. THE REVIEW BOARD SHALL HAVE THE POWER TO DESIGNATE SUCH

S. 7211                             4

POSITIONS AS NON-COMPETITIVE UPON RECEIPT OF SUCH REQUEST OR WITHIN SUCH
TIME  AS IT FINDS APPROPRIATE. THIS SECTION SHALL NOT PRECLUDE ANY OTHER
APPLICATION FOR CLASSIFICATION OF POSITIONS OR TITLES AS NON-COMPETITIVE
IN  ACCORDANCE  WITH  THE PROCEDURES OTHERWISE APPLICABLE TO CLASSIFICA-
TIONS.
  (B) THE OFFICERS AND EMPLOYEES OF THE AUTHORITY SHALL CONTINUE  TO  BE
SUBJECT  TO  ARTICLE  FOURTEEN OF THE CIVIL SERVICE LAW AND FOR ALL SUCH
PURPOSES SHALL  BE  DEEMED  "PUBLIC  EMPLOYEES".    NOTWITHSTANDING  ANY
PROVISION  TO  THE CONTRARY IN ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW
OR ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY MATTER CONSIDERED TO  BE
A  TERM  AND  CONDITION OF EMPLOYMENT THAT HAD BEEN WITHIN THE EXCLUSIVE
AUTHORITY OF THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE  CITY  ON  OR
PRIOR  TO  THE  EFFECTIVE  DATE OF THIS SECTION THAT WAS NOT A MANDATORY
SUBJECT OF BARGAINING UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AS
A RESULT OF  SUCH  EXCLUSIVE  AUTHORITY  SHALL  REMAIN  A  NON-MANDATORY
SUBJECT  OF  BARGAINING  FOR THE AUTHORITY AFTER, AND REGARDLESS OF, THE
CHANGES SET FORTH IN THIS SECTION.
  (C) NOTHING CONTAINED IN THIS  SUBDIVISION  SHALL  SUPERSEDE,  EXPAND,
IMPAIR OR DIMINISH THE RIGHTS OF ANY OFFICER OR EMPLOYEE OF THE AUTHORI-
TY  UNDER OR PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, OR
LIMIT EMPLOYEE RIGHTS TO INSTITUTE PROCEEDINGS AGAINST THE AUTHORITY  IN
ACCORDANCE  WITH  ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND
RULES.
  3. (A) THE BOARD SHALL APPOINT A PERSONNEL REVIEW BOARD CONSISTING  OF
THREE  PERSONS.  THE  BOARD  AND  THE BOARD OF THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY SHALL  JOINTLY  APPOINT  BY  SEPARATE  RESOLUTIONS  THE
MEMBERS OF THE PERSONNEL REVIEW BOARD, AND SUCH MEMBERS SHALL ALSO SERVE
AS THE PERSONNEL REVIEW BOARD THAT IS ESTABLISHED UNDER PARAGRAPH (A) OF
SUBDIVISION  THREE OF SECTION FIVE HUNDRED FIFTY-FOUR-A OF THIS CHAPTER.
PERSONS APPOINTED TO THE PERSONNEL  REVIEW  BOARD  MAY  NOT  BE  CURRENT
MEMBERS,  OFFICERS  OR EMPLOYEES OF THE AUTHORITY, THE TRIBOROUGH BRIDGE
AND TUNNEL  AUTHORITY  OR  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY,
INCLUDING AFFILIATES AND/OR SUBSIDIARIES OF SUCH AUTHORITIES, OR CURRENT
OFFICERS  OR  AGENTS OF ANY LABOR ORGANIZATION REPRESENTING EMPLOYEES OF
SUCH AUTHORITIES, AFFILIATES AND/OR SUBSIDIARIES.
  (I) THE MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL BE  APPOINTED  FOR
THREE-YEAR  TERMS, EXCEPT THAT THE TERMS OF THE MEMBERS OF THE PERSONNEL
REVIEW BOARD SHALL BE STAGGERED SO THAT THE TERM OF ONE  MEMBER  EXPIRES
EACH  YEAR,  WITH  THE  INITIAL TERM OF THE FIRST MEMBER EXPIRING AT THE
CONCLUSION OF THE THIRD YEAR FOLLOWING APPOINTMENT, THE INITIAL TERM  OF
THE  SECOND MEMBER EXPIRING AT THE CONCLUSION OF THE FOURTH YEAR AND THE
INITIAL TERM OF THE THIRD MEMBER EXPIRING AT THE CONCLUSION OF THE FIFTH
YEAR.
  (II) ANY MEMBER OF THE PERSONNEL REVIEW BOARD MAY BE REMOVED  PURSUANT
TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION TWENTY-FOUR OF THE CIVIL
SERVICE  LAW.  IN  THE EVENT OF SUCH A REMOVAL, OR OF A RESIGNATION BY A
MEMBER OF THE PERSONNEL REVIEW BOARD, THE BOARD OF  THE  NEW  YORK  CITY
TRANSIT  AUTHORITY,  IN  CONJUNCTION  WITH  THE  BOARD OF THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY, SHALL APPOINT A SUCCESSOR FOR THE UNEXPIRED
TERM OF THE MEMBER IN ACCORDANCE WITH THE  REQUIREMENTS  AND  PROCEDURES
SET FORTH IN THIS PARAGRAPH.
  (III)  THE  MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL ANNUALLY ELECT
ONE OF THE MEMBERS TO SERVE AS CHAIRPERSON.
  (B) (I) THE PERSONNEL REVIEW BOARD SHALL PRESCRIBE AND AMEND RULES AND
REGULATIONS CONSISTENT WITH  THE  APPLICABLE  PROVISIONS  OF  THE  CIVIL

S. 7211                             5

SERVICE  LAW FOR EFFECTING THE PROVISIONS OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO RULES FOR:
  (A)  THE JURISDICTIONAL CLASSIFICATION OF OFFICES AND POSITIONS IN THE
CLASSIFIED SERVICE OF THE AUTHORITY;
  (B)  EXAMINATIONS,  APPOINTMENTS,  PROMOTIONS,  TRANSFERS,  AND  REIN-
STATEMENTS;
  (C) THE HEARING AND DETERMINATION OF APPEALS;
  (D)  THE  DESIGNATION  OF POSITIONS IN THE NON-COMPETITIVE CLASS WHICH
ARE CONFIDENTIAL OR REQUIRE THE  PERFORMANCE  OF  FUNCTIONS  INFLUENCING
POLICY; AND
  (E)  THE DESIGNATION AS SEPARATE UNITS FOR SUSPENSION OR DEMOTION UPON
THE ABOLITION OR REDUCTION OF POSITIONS IN ANY DEPARTMENT,  DIVISION  OR
SUBDIVISION OF THE AUTHORITY.
  (II)  THE  PERSONNEL  REVIEW  BOARD  SHALL  HEAR AND DETERMINE APPEALS
INSTITUTED BY ANY PERSON BELIEVING HIMSELF OR HERSELF AGGRIEVED  BY  ANY
ACTION  OR  DETERMINATION OF THE AUTHORITY ALLEGED TO BE IN VIOLATION OF
THE APPLICABLE REVIEW BOARD RULES  OR  APPLICABLE  PERSONNEL  RULES  AND
REGULATIONS,  CLASS  SPECIFICATIONS  AND PERSONNEL ORDERS OF THE CITY OF
NEW YORK AND ALL OTHER APPLICABLE PROVISIONS OF LOCAL  OR  GENERAL  LAWS
RELATING  TO  CIVIL  SERVICE PERSONNEL UNTIL SUCH REVIEW BOARD RULES ARE
ADOPTED; PROVIDED, HOWEVER, THAT NO SUCH APPEAL SHALL BE ALLOWED IF  THE
ACTION  OR DETERMINATION INVOLVED WAS CONSIDERED AND APPROVED IN ADVANCE
BY THE PERSONNEL REVIEW BOARD.
  (III) UPON SUBMISSION OF A NOTICE OF APPEAL FROM ANY INDIVIDUAL OR HIS
OR HER REPRESENTATIVE, THE PERSONNEL REVIEW BOARD SHALL REVIEW THE CLAIM
AND DETERMINE IF THE ACTION VIOLATED THE REVIEW BOARD RULES, PROMULGATED
UNDER THE POWERS GRANTED HEREIN, INCLUDING, BUT  NOT  LIMITED  TO  RULES
FOR:
  (A)  THE JURISDICTIONAL CLASSIFICATION OF OFFICES AND POSITIONS IN THE
CLASSIFIED SERVICE OF THE AUTHORITY;
  (B)  EXAMINATIONS,  APPOINTMENTS,  PROMOTIONS,  TRANSFERS,  AND  REIN-
STATEMENTS; AND
  (C)  THE  DESIGNATION  OF POSITIONS IN THE NON-COMPETITIVE CLASS WHICH
ARE CONFIDENTIAL OR REQUIRE THE  PERFORMANCE  OF  FUNCTIONS  INFLUENCING
POLICY.
  (IV)  THE  PERSONNEL  REVIEW  BOARD SHALL HAVE THE POWER TO ADMINISTER
OATHS AND TO ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE IN THIS STATE  OF
WITNESSES  AND  THE  PRODUCTION  OF  BOOKS  AND  PAPERS PERTINENT TO THE
APPEAL. FOR THIS PURPOSE THE PERSONNEL REVIEW BOARD  SHALL  POSSESS  ALL
THE  POWERS  CONFERRED BY THE CIVIL PRACTICE LAW AND RULES UPON A BOARD,
COMMISSION OR COMMITTEE.  THE PERSONNEL REVIEW BOARD AND ANY OFFICER  OR
EMPLOYEE  DESIGNATED IN WRITING BY THE AUTHORITY TO ACT ON BEHALF OF THE
PERSONNEL REVIEW BOARD MAY INVOKE THE POWER OF ANY COURT  OF  RECORD  IN
THE  STATE  TO COMPEL WITNESSES TO ATTEND, TESTIFY AND PRODUCE BOOKS AND
PAPERS.
  (C) THE SECRETARY OF THE AUTHORITY, OR SUCH OTHER PERSON  EMPLOYED  BY
THE  AUTHORITY  OR  THE METROPOLITAN TRANSPORTATION AUTHORITY, ITS OTHER
AFFILIATES OR SUBSIDIARIES AS MAY BE DESIGNATED BY THE EXECUTIVE  DIREC-
TOR, SHALL SERVE AS SECRETARY OF THE PERSONNEL REVIEW BOARD.
  (D) THE MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL RECEIVE THE NECES-
SARY TRAVEL AND OTHER EXPENSES INCURRED IN THE PERFORMANCE OF THE DUTIES
OF  SUCH  OFFICE,  AND  SHALL  RECEIVE  IN  ADDITION  A PER DIEM FEE FOR
SERVICES RENDERED AS SHALL BE DETERMINED BY THE BOARD.
  (E) (I) ANY APPEAL AUTHORIZED BY THIS SUBDIVISION SHALL BE  INSTITUTED
BY  FILING  WITH  THE  PERSONNEL REVIEW BOARD A WRITTEN NOTICE OF APPEAL
STATING THE RULE AND REGULATION, ACTION OR DETERMINATION  WHICH  IS  THE

S. 7211                             6

SUBJECT  OF THE APPEAL, THE GROUNDS FOR THE APPEAL AND THE RULE OR REGU-
LATION CLAIMED TO BE VIOLATED  AND  SIGNED  BY  THE  PERSON  OR  PERSONS
APPEALING OR THEIR REPRESENTATIVE.
  (II)  ANY  SUCH  APPEAL  SHALL  BE  FILED WITHIN THIRTY DAYS FOLLOWING
NOTICE BY THE AUTHORITY OF THE ACTION OR DETERMINATION TO  BE  REVIEWED;
EXCEPT  THAT  THE  PERSONNEL REVIEW BOARD FOR GOOD CAUSE SHOWN MAY WAIVE
SUCH THIRTY-DAY LIMITATION.
  (III) THE PERSONNEL REVIEW BOARD MAY INVESTIGATE OR INQUIRE  INTO  THE
FACTS  RELATIVE  TO  THE ACTION OR DETERMINATION APPEALED FROM AS MAY BE
DEEMED ADVISABLE AND SHALL AFFORD THE APPELLANT AND/OR HIS OR HER REPRE-
SENTATIVE AN OPPORTUNITY TO BE HEARD IN PERSON OR IN WRITING TO  PRESENT
EVIDENCE  AND ARGUMENT. THE PERSONNEL REVIEW BOARD MAY AFFIRM, MODIFY OR
REVERSE SUCH ACTION OR DETERMINATION.
  (IV) THE PERSONNEL REVIEW BOARD SHALL DECIDE EACH APPEAL FILED  WITHIN
SIXTY DAYS FOLLOWING THE DATE ON WHICH THE SUBMISSION OF FACTS, INFORMA-
TION AND EVIDENCE IS DEEMED COMPLETE BY THE PERSONNEL REVIEW BOARD.
  (V)  THE  PERSON SEEKING REVIEW AND HIS OR HER REPRESENTATIVE SHALL BE
FURNISHED A COPY  OF  THE  PERSONNEL  REVIEW  BOARD'S  WRITTEN  DECISION
CONCURRENTLY  WITH ITS FILING WITH THE SECRETARY OF THE PERSONNEL REVIEW
BOARD. A DECISION OF THE PERSONNEL REVIEW BOARD SHALL BECOME  FINAL  AND
BINDING  WHEN  FILED  WITH  THE SECRETARY OF THE PERSONNEL REVIEW BOARD.
REVIEW OF ANY SUCH FINAL DECISION SHALL BE BY A PROCEEDING AUTHORIZED BY
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  (F) BEFORE ADOPTING ANY RULE OR REGULATION  AFFECTING  THE  RIGHTS  OF
EMPLOYEES,  THE  PERSONNEL  REVIEW  BOARD  SHALL  PUBLISH  NOTICE OF THE
PROPOSED RULE CHANGES NO LATER THAN THIRTY DAYS PRIOR  TO  THE  PROPOSED
EFFECTIVE DATE.
  (I)  PUBLICATION OF THE NOTICE OF PROPOSED RULE-MAKING SHALL BE ACCOM-
PLISHED BY POSTING A  COPY  AT  APPROPRIATE  FACILITIES  THROUGHOUT  THE
AUTHORITY  AS  DETERMINED BY THE AUTHORITY, AND BY SERVING A COPY OF THE
NOTICE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED UPON THE UNIONS CERTI-
FIED OR RECOGNIZED TO REPRESENT EMPLOYEES OF THE AUTHORITY.  PUBLICATION
SHALL BE COMPLETE UPON THE POSTING AND MAILING AS DESCRIBED ABOVE.
  (II)  A  NOTICE OF THE PROPOSED RULE-MAKING SHALL CONTAIN THE COMPLETE
TEXT OF THE PROPOSED RULE OR RULES, AND THE LAST  DATE  UPON  WHICH  THE
PERSONNEL  REVIEW  BOARD  WILL RECEIVE COMMENT UPON THE PROPOSED RULE OR
RULES; PROVIDED, HOWEVER, THAT IF THE TEXT OF THE PROPOSED RULE  EXCEEDS
TWO  THOUSAND  WORDS, THE NOTICE SHALL CONTAIN ONLY A DESCRIPTION OF THE
SUBJECT, PURPOSE AND SUBSTANCE OF SUCH RULE, AND SHALL STATE  FROM  WHAT
PERSON THE COMPLETE TEXT MAY BE OBTAINED.
  (III)  THE  PERSONNEL  REVIEW BOARD MAY RECEIVE COMMENTS ON A PROPOSED
RULE OR RULES IN WRITING OR, IN AN APPROPRIATE CASE, MAY CONDUCT A HEAR-
ING UPON THE PROPOSED RULE.
  (IV) ANY RULE ADOPTED BY THE PERSONNEL REVIEW BOARD SHALL TAKE  EFFECT
WHEN  SIGNED  BY  THE  CHAIR  OF  THE  PERSONNEL REVIEW BOARD. NOTICE OF
ADOPTION OF A RULE SHALL BE PUBLISHED WITHIN TEN BUSINESS  DAYS  OF  ITS
ADOPTION IN THE SAME MANNER AS THE NOTICE OF PROPOSED RULE-MAKING.
  (V) IN PROMULGATING ITS RULES, THE PERSONNEL REVIEW BOARD SHALL NOT BE
SUBJECT TO THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT, THE
EXECUTIVE LAW OR THE PROCEDURE FOR ADOPTING RULES CONTAINED IN THE CIVIL
SERVICE LAW.
  (VI)  THE  SECRETARY  TO  THE  PERSONNEL  REVIEW  BOARD SHALL MAINTAIN
MINUTES OF THE MEETINGS OF THE PERSONNEL REVIEW BOARD AND SHALL MAINTAIN
COMPLETE COPIES OF THE RULES AND REGULATIONS ADOPTED  BY  THE  PERSONNEL
REVIEW  BOARD. SUCH MINUTES AND RULES SHALL BE OPEN TO PUBLIC INSPECTION
AND COPYING DURING ALL ORDINARY  BUSINESS  HOURS  OF  THE  AUTHORITY  IN

S. 7211                             7

ACCORDANCE  WITH  THE APPLICABLE PROVISIONS OF ARTICLE SIX OF THE PUBLIC
OFFICERS LAW.
  4.  (A)  THE  AUTHORITY  SHALL  HAVE  THE POWER TO PREPARE AND PROPOSE
PERSONNEL RULES  AND  REGULATIONS  FOR  CONSIDERATION  AND  ADOPTION  OR
MODIFICATION  BY  THE  PERSONNEL  REVIEW BOARD. SUCH ADOPTED RULES SHALL
GUIDE THE AUTHORITY IN THE ADMINISTRATION OF PERSONNEL SERVICE.
  (B) THE AUTHORITY SHALL DETERMINE THE MERIT AND FITNESS OF  CANDIDATES
FOR  COMPETITIVE  CLASS  POSITIONS  THROUGH THE PREPARATION AND ADMINIS-
TRATION OF CONTENT BASED EXAMINATIONS FOR ENTRY  LEVEL  AND  PROMOTIONAL
POSITIONS. THE AUTHORITY'S RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED
TO:
  (I)  CONDUCTING  JOB ANALYSES TO IDENTIFY ESSENTIAL JOB DUTIES FOR THE
PREPARATION OF CONTENT BASED EXAMINATIONS AND ADMINISTERING  SUCH  EXAM-
INATIONS;
  (II)  ISSUING  NOTICES OF EXAMINATION SETTING FORTH MINIMUM QUALIFICA-
TIONS REQUIRED, THE SUBJECTS OF THE EXAMINATION AND SUCH OTHER  INFORMA-
TION AS IS APPROPRIATE;
  (III) DETERMINING CANDIDATES' ELIGIBILITY FOR EXAMINATION;
  (IV)  ESTABLISHING  ELIGIBLE  LISTS BASED UPON THE RATINGS RECEIVED BY
CANDIDATES FOR HIRE AND PROMOTION; AND
  (V) CERTIFICATION AND APPOINTMENT IN ACCORDANCE WITH THE REVIEW  BOARD
RULES.
  (C)  THE  AUTHORITY SHALL ESTABLISH REVIEW PROCEDURES FOR EXAMINATIONS
AND WHERE, FOLLOWING THE DULY ESTABLISHED PROCEDURES, A  FINAL  DETERMI-
NATION  IS  MADE  AS  TO THE ANSWERS THAT ARE ACCEPTABLE ON A PARTICULAR
EXAMINATION, COURT REVIEW SHALL BE LIMITED TO A DETERMINATION OF WHETHER
SUCH DULY ESTABLISHED REVIEW PROCEDURES  WERE  FOLLOWED,  AND  NO  COURT
SHALL  HAVE AUTHORITY TO DETERMINE WHETHER THE AUTHORITY'S DETERMINATION
WAS CORRECT.
  (D) THE AUTHORITY SHALL HAVE THE  POWER,  SUBJECT  TO  APPEAL  TO  THE
PERSONNEL  REVIEW  BOARD  OF  ANY  CLAIMED VIOLATION OF THE REVIEW BOARD
RULES:
  (I) TO CLASSIFY AND/OR RECLASSIFY  ANY  POSITIONS  IN  THE  CLASSIFIED
SERVICE OF THE AUTHORITY; AND
  (II)  TO  ALLOCATE  AND  REALLOCATE TO AN APPROPRIATE SALARY GRADE ALL
POSITIONS IN THE EXEMPT, COMPETITIVE, NONCOMPETITIVE AND  LABOR  CLASSES
OF  THE  CLASSIFIED  SERVICE  OF  THE AUTHORITY, INCLUDING TEMPORARY AND
SEASONAL POSITIONS.
  (E) THE AUTHORITY SHALL ALSO HAVE THE FOLLOWING POWERS AND DUTIES:
  (I) TO ASCERTAIN AND RECORD THE DUTIES  AND  RESPONSIBILITIES  OF  ALL
POSITIONS  IN  THE  CLASSIFIED  SERVICE  OF  THE AUTHORITY, TO ESTABLISH
ADEQUATE SPECIFICATIONS SHOWING THE QUALIFICATIONS FOR, AND  THE  NATURE
AND  EXTENT  AND  SCOPE OF THE DUTIES AND RESPONSIBILITIES OF SUCH POSI-
TIONS, AND TO ASSIGN UNIFORM TITLES TO POSITIONS THAT  ARE  SO  SUBSTAN-
TIALLY  SIMILAR  IN THEIR ESSENTIAL CHARACTER AND SCOPE OF THEIR DUTIES,
RESPONSIBILITIES AND QUALIFICATION REQUIREMENTS THAT THE  SAME  DESCRIP-
TIVE  TITLE  MAY  BE USED TO DESIGNATE THEM, AND TO ASSURE THAT THE SAME
QUALIFICATIONS FOR APPOINTMENT THERETO MAY BE REASONABLY REQUIRED,  THAT
THE  SAME TESTS OF FITNESS MAY BE ESTABLISHED, AND THAT THE SAME RATE OF
COMPENSATION MAY BE REASONABLY APPLIED;
  (II) TO INVESTIGATE  ALL  MATTERS  AFFECTING  THE  CLASSIFICATION  AND
COMPENSATION  OF  POSITIONS,  TO  HEAR AND DETERMINE ALL COMPLAINTS WITH
RESPECT TO THE CLASSIFICATION AND COMPENSATION  OF  POSITIONS  AND  FROM
TIME  TO  TIME  TO  REVIEW  THE  DUTIES, RESPONSIBILITIES, QUALIFICATION
REQUIREMENTS AND COMPENSATION OF POSITIONS AND TO MAKE SUCH REVISIONS IN

S. 7211                             8

THE CLASSIFICATION OR  COMPENSATION  OF  POSITIONS  AS  CHANGES  IN  THE
SERVICE OF THE AUTHORITY MAY REQUIRE;
  (III)  TO  PROVIDE  TO  ANY  PERSON AGGRIEVED BY THE CLASSIFICATION OR
ALLOCATION OF A POSITION A REASONABLE OPPORTUNITY TO  PRESENT  FACTS  IN
SUPPORT  OF  OR  IN  RELATION TO SUCH CLASSIFICATION OR ALLOCATION, AT A
TIME AND IN SUCH MANNER AS IT MAY SPECIFY, AND TO RENDER AND FURNISH  TO
THE PERSON AGGRIEVED A WRITTEN DECISION THEREON; AND
  (IV)  FOR  THE  PURPOSES OF SECTIONS FORTY-TWO AND SEVENTY-FIVE OF THE
CIVIL SERVICE LAW, AND NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF
SUCH SECTIONS, AND SUBJECT TO THE REVIEW BOARD RULES, TO DESIGNATE POSI-
TIONS  IN  THE  NON-COMPETITIVE  CLASS AS CONFIDENTIAL AND REQUIRING THE
PERFORMANCE OF FUNCTIONS INFLUENCING POLICY. THIS  PROVISION  SHALL  NOT
AFFECT  THE  CLASSIFICATION OF ANY POSITION IN THE NON-COMPETITIVE CLASS
AS CONFIDENTIAL OR REQUIRING THE PERFORMANCE  OF  FUNCTIONS  INFLUENCING
POLICY  MADE  BY  THE  APPROPRIATE CIVIL SERVICE COMMISSION PRIOR TO THE
ADOPTION OF THE REVIEW BOARD RULES.
  (F) ANY CLASSIFICATION OR RECLASSIFICATION OF A POSITION MADE PURSUANT
TO THE REVIEW BOARD RULES AND ANY ALLOCATION OR REALLOCATION OF A  POSI-
TION  TO  A  SALARY GRADE MADE BY THE AUTHORITY PURSUANT TO THIS SECTION
SHALL BECOME EFFECTIVE ON THE DATE APPROVED  BY  THE  PRESIDENT  OF  THE
AUTHORITY OR HIS OR HER DESIGNEE.
  (G)  THE  CLASSIFIED SERVICE OF THE AUTHORITY SHALL COMPRISE ALL POSI-
TIONS NOT INCLUDED IN THE UNCLASSIFIED SERVICE.  THE  POSITIONS  IN  THE
CLASSIFIED  SERVICE  OF THE AUTHORITY SHALL BE DIVIDED INTO FOUR CLASSES
DESIGNATED AS THE EXEMPT CLASS, THE NON-COMPETITIVE CLASS,  THE  COMPET-
ITIVE CLASS AND THE LABOR CLASS.
  (I) THE EXEMPT CLASS SHALL CONSIST OF SUCH POSITIONS AND OFFICES WHICH
THE AUTHORITY SHALL DETERMINE TO BE IMPRACTICABLE TO FILL BY COMPETITIVE
OR NON-COMPETITIVE EXAMINATION.
  (II)  THE  NON-COMPETITIVE  CLASS SHALL INCLUDE ALL POSITIONS THAT ARE
NOT IN THE EXEMPT CLASS OR LABOR  CLASS  AND  FOR  WHICH  THE  AUTHORITY
CANNOT  PRACTICALLY  ASCERTAIN  THE  MERIT  AND FITNESS OF APPLICANTS BY
COMPETITIVE EXAMINATION.
  (III) THE LABOR CLASS SHALL COMPRISE ALL  UNSKILLED  LABORERS  IN  THE
SERVICE  OF  THE AUTHORITY.  THE AUTHORITY MAY DETERMINE THAT A TITLE IN
THE LABOR CLASS IS APPROPRIATE TO PARTICIPATE IN A PROMOTIONAL  EXAMINA-
TION FOR A HIGHER TITLE IN THE COMPETITIVE CLASS.
  (IV)  THE  COMPETITIVE  CLASS  SHALL  INCLUDE  ALL POSITIONS WHERE THE
AUTHORITY HAS DETERMINED THAT THE MERIT AND FITNESS OF APPLICANTS MAY BE
DETERMINED BY COMPETITIVE EXAMINATION, AND SHALL INCLUDE  ALL  POSITIONS
IN  THE CLASSIFIED SERVICE OF THE AUTHORITY EXCEPT SUCH POSITIONS AS ARE
IN THE EXEMPT CLASS, THE NON-COMPETITIVE CLASS OR THE LABOR CLASS.
  (H) (I) ALL APPLICANTS SHALL BE SUBJECT TO BACKGROUND  INVESTIGATIONS,
INCLUDING  BUT NOT LIMITED TO THE CRIMINAL HISTORY OF ALL APPLICANTS FOR
EMPLOYMENT TO DETERMINE THE SUITABILITY OF SUCH APPLICANTS  FOR  EMPLOY-
MENT.  SUCH INVESTIGATION SHALL INCLUDE BUT NOT BE LIMITED TO THE TAKING
OF FINGERPRINTS OF SUCH OFFICERS AND EMPLOYEES  AS  A  PREREQUISITE  FOR
EMPLOYMENT;  PROVIDED,  HOWEVER,  THAT  EVERY  SET OF FINGERPRINTS TAKEN
PURSUANT TO THIS PARAGRAPH EITHER SHALL BE  PROMPTLY  SUBMITTED  TO  THE
DIVISION  OF CRIMINAL JUSTICE SERVICES, OR ITS SUCCESSOR, WHERE IT SHALL
BE APPROPRIATELY PROCESSED AND FORWARDED TO THE FEDERAL BUREAU OF INVES-
TIGATION, OR ITS SUCCESSOR, AT A RATE  REQUIRED  BY  SUCH  AGENCIES  FOR
STATE  AND  NATIONAL CRIMINAL HISTORY RECORD CHECKS OR THE AUTHORITY MAY
USE SUCH ALTERNATIVE MEANS TO PROCESS FINGERPRINTS FOR THE PURPOSE OF  A
CRIMINAL HISTORY RECORD CHECK AS IT MAY DEEM APPROPRIATE.

S. 7211                             9

  (II)  THE AUTHORITY MAY ALSO AUTHORIZE THE METROPOLITAN TRANSPORTATION
AUTHORITY OR ANY SUBSIDIARY OR AFFILIATE OF  THE  AUTHORITY  OR  OF  THE
METROPOLITAN  TRANSPORTATION AUTHORITY, ON BEHALF OF WHICH THE AUTHORITY
PROCESSES APPLICANTS, TO OBTAIN THE FINGERPRINTS OF SUCH APPLICANTS  AND
THAT  AUTHORITY  SHALL CONDUCT THE BACKGROUND INVESTIGATION AS SET FORTH
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (I) (I) THE AUTHORITY IS AUTHORIZED TO ESTABLISH AND COLLECT FEES FROM
EVERY APPLICANT FOR EXAMINATION FOR A POSITION IN THE COMPETITIVE  CLASS
OR  FOR APPOINTMENT IN THE LABOR CLASS AND FROM EVERY APPOINTEE UPON ANY
PROVISIONAL APPOINTMENT  OR  UPON  APPOINTMENT  IN  THE  NON-COMPETITIVE
CLASS, AS SET FORTH IN THE REVIEW BOARD RULES.
  (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, THE PRESIDENT OF THE AUTHORITY, SUBJECT TO THE  APPROVAL  OF  THE
EXECUTIVE  DIRECTOR,  MAY ELECT TO WAIVE APPLICATION FEES, OR TO ABOLISH
FEES FOR SPECIFIC CLASSES OF  POSITIONS  OR  TYPES  OF  EXAMINATIONS  OR
CANDIDATES.
  (III)  ALL  FEES COLLECTED HEREUNDER BY THE AUTHORITY SHALL CONSTITUTE
REVENUE FOR THE AUTHORITY.
  (J) (I) WHERE, BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNC-
TIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE, POSITIONS IN THE  COMPET-
ITIVE CLASS OF SERVICE OF THE AUTHORITY ARE ABOLISHED OR REDUCED IN RANK
OR SALARY GRADE, INCUMBENTS HOLDING THE SAME OR SIMILAR POSITIONS WITHIN
THE  SAME  JURISDICTIONAL  CLASSIFICATION  WITHIN THE AUTHORITY SHALL BE
SUSPENDED OR DEMOTED IN THE INVERSE ORDER OF ORIGINAL APPOINTMENT  ON  A
PERMANENT  BASIS  IN THE CLASSIFIED SERVICE AS SET FORTH IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH; PROVIDED, HOWEVER, THAT INCUMBENTS  HOLDING  THE
SAME  OR SIMILAR POSITIONS WITHIN THE SAME JURISDICTIONAL CLASSIFICATION
WITHIN THE AUTHORITY WHO HAVE NOT COMPLETED THEIR  PROBATIONARY  SERVICE
SHALL  BE  SUSPENDED  OR DEMOTED AS THE CASE MAY BE BEFORE ANY PERMANENT
INCUMBENTS, AND AMONG SUCH PROBATIONARY EMPLOYEES THE ORDER  OF  SUSPEN-
SION OR DEMOTION SHALL BE DETERMINED AS IF SUCH EMPLOYEES WERE PERMANENT
INCUMBENTS.  THE PERSONNEL REVIEW BOARD MAY, BY RULE, DESIGNATE AS SEPA-
RATE  UNITS  FOR SUSPENSION AND/OR DEMOTION UNDER THE PROVISIONS OF THIS
SUBPARAGRAPH ANY DEPARTMENT, DIVISION OR SUBDIVISION  OF  THE  AUTHORITY
AND  UPON  THE  ABOLITION  OR  REDUCTION  OF  POSITIONS IN SUCH SERVICE,
SUSPENSION AND/OR DEMOTION SHALL BE MADE FROM AMONG  INCUMBENTS  HOLDING
THE SAME OR SIMILAR POSITIONS IN SUCH SEPARATE UNIT.
  (II)  THE  DATE  OF ORIGINAL APPOINTMENT OF EMPLOYEES OF THE AUTHORITY
SHALL BE THE DATE OF ORIGINAL APPOINTMENT ON A PERMANENT  BASIS  IN  THE
CLASSIFIED  SERVICE  OF  THE AUTHORITY FOLLOWED BY CONTINUOUS SERVICE IN
THE AUTHORITY UP TO THE TIME OF SUSPENSION OR DEMOTION; EXCEPT THAT  FOR
THOSE  EMPLOYEES  WHO  WERE  IN THE COMPETITIVE AND LABOR CLASSES OF THE
AUTHORITY ON THE EFFECTIVE DATE OF THIS SECTION, THE  DATE  OF  ORIGINAL
APPOINTMENT  SHALL  BE  THE  DATE OF ORIGINAL APPOINTMENT ON A PERMANENT
BASIS IN THE CIVIL SERVICE OF THE CITY OF NEW YORK FOLLOWED  BY  CONTIN-
UOUS SERVICE IN THE CIVIL SERVICE OF THE CITY OF NEW YORK OR THE AUTHOR-
ITY  UP  TO THE TIME OF SUSPENSION OR DEMOTION. FOR THE PURPOSES OF THIS
SUBPARAGRAPH, AN EMPLOYEE WHO RESIGNED AND WAS REINSTATED OR REAPPOINTED
IN THE CLASSIFIED SERVICE WITHIN ONE YEAR OF THE RESIGNATION, OR WHO WAS
TERMINATED BECAUSE OF AN  OCCUPATIONAL  DISABILITY  AND  WAS  AFTERWARDS
REINSTATED, SHALL BE DEEMED TO HAVE CONTINUOUS SERVICE.
  (III)  THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY SHALL SUPPLY
SUCH INFORMATION AS IS NECESSARY FOR THE  DETERMINATION  OF  RIGHTS  FOR
RETENTION,  ABOLITION  OF POSITIONS, REDUCTIONS IN RANK OR REINSTATEMENT
OF EMPLOYEES OF THE AUTHORITY WHOSE ORIGINAL APPOINTMENT  WAS  PRIOR  TO
THE  ENACTMENT OF THIS SECTION, OR ANY OTHER SUCH INFORMATION OR ASSIST-

S. 7211                            10

ANCE NEEDED BY THE AUTHORITY OR BY THE PERSONNEL REVIEW BOARD  IN  ORDER
TO  TAKE  OVER THE FUNCTIONS PREVIOUSLY PERFORMED BY THE MUNICIPAL CIVIL
SERVICE COMMISSION.
  (IV)  IN  ANY  CASE WHERE AN EMPLOYEE OF THE AUTHORITY IS SUSPENDED OR
DEMOTED BECAUSE OF ABOLITION OR REDUCTION OF  POSITIONS,  THE  AUTHORITY
SHALL  NOTIFY  THE  EMPLOYEE OR HIS OR HER REPRESENTATIVE OF THE PENDING
ACTION.
  (K) (I) PREFERRED LISTS SHALL  BE  ESTABLISHED  AS  FOLLOWS:    WHERE,
BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT
OF  ACTIVITIES  OR  OTHERWISE  AN  EMPLOYEE  IN THE COMPETITIVE CLASS OF
SERVICE OF THE AUTHORITY IS SUSPENDED OR DEMOTED,  THE  AUTHORITY  SHALL
PLACE  THE  NAME  OF  SUCH EMPLOYEE UPON A PREFERRED LIST, TOGETHER WITH
OTHERS WHO MAY HAVE BEEN SUSPENDED OR DEMOTED FROM THE SAME  OR  SIMILAR
POSITIONS  IN  THE  SAME JURISDICTIONAL CLASS, AND CERTIFY SUCH LIST, AS
HEREINAFTER PROVIDED, FOR FILLING VACANCIES WITHIN THE AUTHORITY IN  THE
SAME  JURISDICTIONAL CLASS IN THE FOLLOWING ORDER: FIRST, IN THE SAME OR
SIMILAR POSITION; SECOND, IN ANY POSITION IN A LOWER GRADE  IN  LINE  OF
PROMOTION;  AND  THIRD,  IN ANY COMPARABLE POSITION AS DETERMINED BY THE
AUTHORITY. SUCH PREFERRED LIST SHALL BE CERTIFIED FOR FILLING A  VACANCY
IN  ANY  SUCH POSITION BEFORE CERTIFICATION IS MADE FROM ANY OTHER LIST,
INCLUDING A PROMOTION ELIGIBLE LIST, NOTWITHSTANDING THE FACT THAT  NONE
OF  THE  PERSONS ON SUCH PREFERRED LIST WAS SUSPENDED FROM OR DEMOTED IN
THE DEPARTMENT OR SUSPENSION AND DEMOTION UNIT  IN  WHICH  SUCH  VACANCY
EXISTS.  NO  OTHER  NAME  SHALL BE CERTIFIED FROM ANY OTHER LIST FOR ANY
SUCH POSITION UNTIL SUCH PREFERRED LIST IS  EXHAUSTED.  THE  ELIGIBILITY
FOR  REINSTATEMENT  OF A PERSON WHOSE NAME APPEARS ON ANY SUCH PREFERRED
LIST SHALL NOT CONTINUE FOR A PERIOD LONGER THAN  FOUR  YEARS  FROM  THE
DATE OF SEPARATION OR DEMOTION.
  (II)  EXCEPT  AS  HEREINAFTER  PROVIDED,  THE  NAMES  OF  PERSONS ON A
PREFERRED LIST SHALL BE  CERTIFIED  THEREFROM  FOR  REINSTATEMENT  TO  A
VACANCY  WITHIN THE AUTHORITY IN AN APPROPRIATE POSITION IN THE ORDER OF
THEIR ORIGINAL PERMANENT APPOINTMENTS IN ORDER OF SENIORITY AS DESCRIBED
IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION.  WHERE SUCH A
VACANCY EXISTS IN A SEPARATE SUSPENSION AND/OR DEMOTION UNIT, THE  NAMES
OF  PERSONS  SUSPENDED  FROM  OR  DEMOTED  IN  SUCH  UNIT, AND NOT THOSE
SUSPENDED FROM OR DEMOTED IN ANOTHER UNIT OR IN THE AUTHORITY  GENERALLY
SHALL BE CERTIFIED FIRST.
  (III)  NOTWITHSTANDING  ANY  OF  THE  PROVISIONS OF THIS PARAGRAPH, NO
PERSON SUSPENDED OR DEMOTED PRIOR TO THE COMPLETION OF HIS OR HER PROBA-
TIONARY TERM SHALL BE CERTIFIED FOR REINSTATEMENT UNTIL  THE  EXHAUSTION
OF  THE  PREFERRED  LIST  OF  ALL  OTHER  ELIGIBLES  THEREON. UPON REIN-
STATEMENT, SUCH PROBATIONER SHALL BE REQUIRED TO  COMPLETE  HIS  OR  HER
PROBATIONARY TERM.
  (IV)  THE  PERSONNEL  REVIEW BOARD SHALL ADOPT RULES PROVIDING FOR THE
RELINQUISHMENT OF ELIGIBILITY FOR REINSTATEMENT UPON FAILURE OR  REFUSAL
TO ACCEPT REINSTATEMENT FROM A PREFERRED LIST.
  (V)  A  PERSON  REINSTATED  FROM A PREFERRED LIST TO HIS OR HER FORMER
POSITION OR A SIMILAR POSITION IN THE SAME GRADE SHALL RECEIVE AT  LEAST
THE  SAME  SALARY SUCH PERSON WAS RECEIVING AT THE TIME OF SUSPENSION OR
DEMOTION, EXCEPT IN THE EVENT THAT A SALARY REDUCTION  HAS  BEEN  IMPLE-
MENTED  IN THE FORMER POSITION PRIOR TO THE REINSTATEMENT, IN WHICH CASE
THE SALARY AT REINSTATEMENT MUST INCLUDE THE REDUCTION.
  (VI) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE AUTHOR-
ITY MAY DISQUALIFY FOR REINSTATEMENT AND REMOVE FROM  A  PREFERRED  LIST
THE NAME OF ANY ELIGIBLE WHO IS PHYSICALLY OR MENTALLY UNABLE TO PERFORM
THE  DUTIES  OF  THE POSITION FOR WHICH SUCH LIST IS ESTABLISHED, OR WHO

S. 7211                            11

HAS BEEN GUILTY OF SUCH MISCONDUCT AS WOULD WARRANT HIS OR HER DISMISSAL
FROM THE PUBLIC SERVICE. NO PERSON SHALL  BE  DISQUALIFIED  PURSUANT  TO
THIS  SUBDIVISION UNLESS HE OR SHE IS FIRST GIVEN A WRITTEN STATEMENT OF
THE  REASONS  THEREFOR  AND  AN  OPPORTUNITY FOR A HEARING AT WHICH SUCH
REASONS SHALL BE ESTABLISHED BY APPROPRIATE EVIDENCE, AND AT WHICH  SUCH
PERSON MAY BE REPRESENTED BY COUNSEL AND PRESENT EVIDENCE. THE AUTHORITY
MAY DESIGNATE A PERSON TO HOLD SUCH HEARING AND REPORT THEREON.
  (VII)  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF THIS PARAGRAPH, ANY
PERSON MAY VOLUNTARILY REMOVE HIS OR HER NAME FROM A PREFERRED  LIST  BY
APPLICATION TO THE AUTHORITY.
  (VIII)  AN  EMPLOYEE  WHO IS ELIGIBLE TO BE PLACED ON A PREFERRED LIST
PURSUANT TO THIS PARAGRAPH AND WHO ELECTS,  AS  A  MEMBER  OF  A  PUBLIC
EMPLOYEE  RETIREMENT  SYSTEM,  TO  RETIRE UPON A SUSPENSION OR DEMOTION,
SHALL BE PLACED ON A PREFERRED LIST AND  SHALL  BE  ELIGIBLE  FOR  REIN-
STATEMENT WITHIN THE AUTHORITY FROM SUCH LIST.
  (IX) NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE AUTHORITY TO FILL ANY
VACANCY.
  (L) WITH RESPECT TO LEAVE FOR ORDINARY DISABILITY, SECTION SEVENTY-TWO
OF  THE  CIVIL  SERVICE LAW SHALL BE APPLIED EXCEPT THAT THE INDEPENDENT
HEARING OFFICER PROVIDED FOR UNDER SUBDIVISION ONE OF SUCH SECTION SHALL
BE SELECTED FROM A PANEL DESIGNATED BY THE AUTHORITY.
  5. UPON THE REQUEST OF THE PERSONNEL REVIEW BOARD  OR  THE  AUTHORITY,
THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY SHALL PROVIDE TECHNI-
CAL  ADVICE  AND  ASSISTANCE  IN THE ADMINISTRATION OF THE PROVISIONS OF
THIS SECTION, WITH RESPECT TO ALL MATTERS PENDING ON THE EFFECTIVE  DATE
OF  THIS SECTION. THE AUTHORITY AND SUCH MUNICIPAL CIVIL SERVICE COMMIS-
SION MAY AGREE UPON THE TERMS OF SUCH ADVICE AND  ASSISTANCE.  THEY  MAY
FURTHER  AGREE  UPON THE TERMS AND CONDITIONS OF THE PROVISION OF ADVICE
AND ASSISTANCE WITH RESPECT TO  MATTERS  ARISING  AFTER  SUCH  EFFECTIVE
DATE, AND SUCH AGREEMENT MAY PROVIDE FOR COMPENSATION TO SUCH COMMISSION
FOR SUCH ADVICE AND ASSISTANCE.
  6.  NOTWITHSTANDING  ANY  PROVISION  TO  THE CONTRARY CONTAINED IN ANY
GENERAL, SPECIAL OR LOCAL  LAW,  AND  SPECIFICALLY  NOTWITHSTANDING  THE
PROVISIONS OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW:
  (A)  THE  AUTHORITY,  WITH  THE  APPROVAL  OF  THE REVIEW BOARD, SHALL
PROPOSE A PLAN TO THE STATE  CIVIL  SERVICE  COMMISSION  TO  REDUCE  THE
NUMBER  OF  PROVISIONAL  EMPLOYEES  IN  THE COMPETITIVE CLASS SERVING IN
EXCESS OF THE AUTHORIZED TIMEFRAMES TO  A  NUMBER  NOT  TO  EXCEED  FIVE
PERCENT  OF  THE  COMPETITIVE CLASS WORKFORCE WITHIN FIVE YEARS FROM THE
EFFECTIVE DATE OF THIS SECTION. THE STATE CIVIL SERVICE COMMISSION SHALL
HAVE THE POWER TO ACCEPT, REJECT OR MODIFY SUCH PLAN, PROVIDED THAT  ANY
MODIFICATIONS  SHALL  BE MADE BY THE COMMISSION ONLY WITH THE CONSENT OF
THE AUTHORITY. IF THE AUTHORITY DOES NOT CONSENT TO  MODIFICATIONS  MADE
BY THE COMMISSION WITHIN SIXTY DAYS, THEN THE PLAN MAY BE DISAPPROVED BY
SUCH  COMMISSION. SHOULD THE AUTHORITY NOT PROPOSE AN ACCEPTABLE PLAN TO
SUCH COMMISSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS  SECTION,
SUCH  COMMISSION  MAY CREATE ITS OWN PLAN AND APPROVE A FINAL PLAN AFTER
AFFORDING THE AUTHORITY AND  ITS  REVIEW  BOARD  SIXTY  DAYS  TO  SUBMIT
COMMENTS AND RECOMMENDATIONS. THE REVIEW BOARD AND SUCH COMMISSION SHALL
HAVE  THE POWER TO DIRECT THE AUTHORITY TO TAKE SPECIFIC ACTIONS TO MEET
THE REQUIREMENTS OF THE APPROVED PLAN. THE APPROVED PLAN MAY BE MODIFIED
BY SUCH COMMISSION UPON APPLICATION BY THE AUTHORITY, MADE WITH APPROVAL
OF THE REVIEW BOARD. MODIFICATION PURSUANT TO THE PRECEDING SENTENCE MAY
EXTEND THE DURATION OF THE PLAN TO A DATE NO MORE THAN ONE  YEAR  BEYOND
THE  FIVE-YEAR  PERIOD OTHERWISE AUTHORIZED BY THIS SUBDIVISION. FAILURE
OF SUCH COMMISSION TO ACT UPON ANY SUBMISSION BY THE AUTHORITY  PURSUANT

S. 7211                            12

TO  THIS  SUBDIVISION  WITHIN  SIXTY DAYS SHALL BE DEEMED AN APPROVAL OF
SUCH SUBMISSION. ANY SUCH SIXTY-DAY  TIMEFRAME  SHALL  BE  TOLLED  BY  A
REQUEST  BY  SUCH  COMMISSION  FOR  ADDITIONAL  INFORMATION  PENDING THE
RECEIPT  OF SUCH INFORMATION. SUCH COMMISSION SHALL APPROVE THE PLAN AND
ANY MODIFICATION THEREOF IF IT FINDS  THAT,  CONSISTENT  WITH  AVAILABLE
RESOURCES  AND  THE NEED FOR CONTINUITY IN PUBLIC SERVICES, SUCH PLAN OR
MODIFICATION THEREOF PROVIDES A TIMELY  AND  PRACTICABLE  IMPLEMENTATION
SCHEDULE  IN  FURTHERANCE  OF THE PURPOSES OF THIS SUBDIVISION. NOTWITH-
STANDING ANY INCONSISTENT PROVISION OF THIS SUBDIVISION, WHERE A MODIFI-
CATION IS INSUBSTANTIAL, AND WILL NOT MATERIALLY AFFECT THE  ABILITY  OF
THE  AUTHORITY  TO  ACHIEVE  TIMELY SUBSTANTIAL COMPLIANCE WITH THE TIME
PERIODS SET FORTH IN THE PLAN, THE AUTHORITY WITH APPROVAL OF ITS REVIEW
BOARD, MAY SO CERTIFY AND THE MODIFICATION MAY BE IMPLEMENTED AND  SHALL
BE  FILED  BY  THE  AUTHORITY  WITH SUCH COMMISSION WITHIN FIVE BUSINESS
DAYS.
  (B) UPON THE EFFECTIVE DATE OF THIS SECTION, THE PROVISIONS OF  SUBDI-
VISIONS TWO, FIVE AND SIX OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW
SHALL NOT APPLY TO AUTHORITY EMPLOYEES DURING THE PERIOD OF DEVELOPMENT,
SUBMISSION,  APPROVAL AND IMPLEMENTATION OF SAID PLAN, AND THE AUTHORITY
SHALL IN NO EVENT BE CONSIDERED A "DCAS EMPLOYER" WITHIN THE MEANING  OF
PARAGRAPH  (A)  OF  SUBDIVISION  FIVE OF SUCH SECTION. THE PROVISIONS OF
SUBDIVISION TWO OF SUCH SECTION SHALL BE APPLICABLE TO  ANY  PROVISIONAL
EMPLOYEE  SERVING  IN  A POSITION FOR WHICH AN APPROPRIATE ELIGIBLE LIST
HAS BEEN ESTABLISHED PURSUANT TO SUCH PLAN,  UNLESS  SUCH  LIST  IS  NOT
ADEQUATE  TO  FILL  ALL POSITIONS THEN HELD ON A PROVISIONAL BASIS OR IS
EXHAUSTED IMMEDIATELY FOLLOWING ITS ESTABLISHMENT.
  7. EXCEPT AS OTHERWISE PROVIDED IN THIS  TITLE,  AN  EMPLOYEE  OF  THE
AUTHORITY  SHALL  NOT  BE  CONSIDERED  A  STATE OR CITY EMPLOYEE FOR ANY
PURPOSES SET FORTH IN ARTICLES ONE THROUGH NINE  OF  THE  CIVIL  SERVICE
LAW.
  8.  THE AUTHORITY AND THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY
OF ITS AFFILIATES OR SUBSIDIARIES ARE AUTHORIZED TO ASSIST OR  COOPERATE
IN  THE  PERFORMANCE  OF  THE RESPONSIBILITIES OR FUNCTIONS SET FORTH IN
THIS SECTION IN SUCH MANNER AS THE AUTHORITY AND THE METROPOLITAN TRANS-
PORTATION AUTHORITY DEEM APPROPRIATE.
  9. ALL REFERENCES IN THIS  SECTION  TO  THE  MUNICIPAL  CIVIL  SERVICE
COMMISSION  OF  THE  CITY  SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL THE
POWERS AND DUTIES OF A MUNICIPAL CIVIL SERVICE  COMMISSION  ASSIGNED  TO
THE  COMMISSIONER OF THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES,
THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, THE MAYOR, THE  CITY
CIVIL  SERVICE  COMMISSION  AND/OR  THE  HEADS  OF  THE CITY AGENCIES AS
PROVIDED IN CHAPTER THIRTY-FIVE OF THE NEW YORK CITY CHARTER AND AS  SET
FORTH IN THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF NEW YORK.
  S  5.  Subdivision  1 of section 554 of the public authorities law, as
amended by chapter 1011 of the laws of  1984,  is  amended  to  read  as
follows:
  1.  [Officers] EXCEPT AS PROVIDED IN SECTION FIVE HUNDRED FIFTY-FOUR-A
OF THIS TITLE, OFFICERS and employees of any board or department  in  or
of  the  city may be transferred to the authority, and shall be eligible
for such transfer and appointment without  examination  to  offices  and
positions  under  the authority.  Notwithstanding the provisions of this
title, the officers and employees of the city, who are members or  bene-
ficiaries  of  any existing pension or retirement system, shall continue
to have the rights, privileges, obligations and status with  respect  to
such  system  or  systems,  as  are  now prescribed by law; and all such
employees, who have been appointed to positions in the  service  of  the

S. 7211                            13

city  under the rules and classifications of the municipal civil service
commission shall have the same status with respect thereto after  trans-
fer  to the authority as they had under their original appointments. Any
person appointed by the authority under the rules and classifications of
the  municipal  civil  service  commission of the city, originally or by
transfer or  otherwise,  including  persons  employed  or  eligible  for
appointment under the board of education of the city or of any agency of
any  kind  whatsoever  subject  to  the rules and classifications of the
municipal civil service commission of the city,  shall  have  and  shall
continue to have all the rights, privileges, obligations and status with
respect  to  such  pension or retirement systems, including not only the
right to admission therein, but continuance and  reinstatement  therein,
to  the  same extent and in like manner as though he had been appointed,
transferred or restored to the civil service of the city, the  board  of
education  or  any  other  agency  of any kind whatsoever subject to the
rules and classifications of the municipal civil service  commission  of
the city. The appointment and promotion of all employees of the authori-
ty  shall be made in accordance with the provisions of the civil service
law under the jurisdiction of the municipal civil service commission  of
the city.
  S  6.  The  public  authorities law is amended by adding a new section
554-a to read as follows:
  S 554-A. PERSONNEL SYSTEM; PERSONNEL REVIEW BOARD.  1.  THE  FOLLOWING
WORDS  AND  PHRASES,  AS  USED IN THIS SECTION, SHALL HAVE THE FOLLOWING
MEANINGS:
  (A)  "PERSONNEL  REVIEW  BOARD"  OR  "REVIEW  BOARD"  MEANS  THE  BODY
APPOINTED  PURSUANT  TO  THIS  SECTION BY THE BOARD AND SHALL ACT IN THE
CAPACITY AND FULFILL THE ROLES WHICH WOULD BE PERFORMED BY  THE  COMMIS-
SION,  CIVIL  SERVICE  COMMISSION AND MUNICIPAL CIVIL SERVICE COMMISSION
FOR THE PURPOSES OF APPLYING THE CIVIL SERVICE LAW TO POSITIONS FORMERLY
COVERED BY SECTION FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
  (B) "CLASSIFIED SERVICE" MEANS ALL POSITIONS IN  THE  AUTHORITY  WHICH
ARE NOT IN THE UNCLASSIFIED SERVICE.
  (C)  "JURISDICTIONAL CLASSIFICATION" MEANS THE ASSIGNMENT OF POSITIONS
IN THE CLASSIFIED SERVICE TO THE COMPETITIVE, NONCOMPETITIVE, EXEMPT  OR
LABOR CLASSES.
  (D)  "POSITION  CLASSIFICATION",  "CLASSIFICATION", "RECLASSIFICATION"
AND "CLASSIFY" MEAN  GROUPING  TOGETHER  UNDER  COMMON  AND  DESCRIPTIVE
TITLES  THOSE  POSITIONS THAT ARE SUBSTANTIALLY SIMILAR IN THE ESSENTIAL
CHARACTER AND SCOPE OF THEIR DUTIES AND  RESPONSIBILITIES  AND  REQUIRED
QUALIFICATIONS.
  2.  THE  APPOINTMENT,  PROMOTION AND CONTINUATION OF EMPLOYMENT OF ALL
EMPLOYEES OF THE AUTHORITY SHALL BE GOVERNED BY THE  CIVIL  SERVICE  LAW
AND  THE  RULES AND REGULATIONS PRESCRIBED BY THE PERSONNEL REVIEW BOARD
WHICH SHALL ASSUME THE POWERS PREVIOUSLY EXERCISED  BY  THE  COMMISSION,
CIVIL  SERVICE  COMMISSION AND BY THE MUNICIPAL CIVIL SERVICE COMMISSION
OF THE CITY.  UNTIL SUCH TIME AS RULES ARE PROMULGATED BY THE  PERSONNEL
REVIEW  BOARD,  THE  AUTHORITY  SHALL  ADMINISTER  ITS PERSONNEL ACTIONS
PURSUANT TO RULES AND REGULATIONS, CLASS  SPECIFICATIONS  AND  PERSONNEL
ORDERS  OF  THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY IN EFFECT
ON THE EFFECTIVE DATE OF THIS SUBDIVISION. SUCH RULES  AND  REGULATIONS,
SPECIFICATIONS AND ORDERS SHALL COLLECTIVELY BE DEEMED TO CONSTITUTE THE
RULES  AND REGULATIONS OF THE REVIEW BOARD UNTIL SUCH TIME AS THE REVIEW
BOARD PROMULGATES ITS OWN RULES AND REGULATIONS. DURING SUCH PERIOD, ANY
REFERENCE TO THE MUNICIPAL CIVIL SERVICE COMMISSION, THE COMMISSIONER OF
CITYWIDE ADMINISTRATIVE SERVICES, THE DEPARTMENT OF CITYWIDE ADMINISTRA-

S. 7211                            14

TIVE SERVICES OR ANY OTHER GOVERNMENTAL  OFFICER,  EMPLOYEE,  AGENCY  OR
OFFICE  CONTAINED  IN  SUCH  RULES  AND  REGULATIONS, SPECIFICATIONS AND
ORDERS SHALL BE DEEMED TO REFER  TO  THE  PERSONNEL  REVIEW  BOARD,  THE
AUTHORITY  OR  SUCH OTHER POSITION OR PERSON AS MAY BE DESIGNATED BY THE
PERSONNEL REVIEW BOARD.
  (A) NOTWITHSTANDING ANY PROVISION TO THE  CONTRARY  CONTAINED  IN  ANY
GENERAL,  SPECIAL  OR LOCAL LAW, AND EXCEPT AS PROVIDED IN THIS SUBDIVI-
SION, PERMANENT EMPLOYEES OF THE AUTHORITY SHALL CONTINUE TO HOLD  THEIR
POSITIONS  WITHOUT FURTHER EXAMINATION AND SHALL HAVE ALL THE RIGHTS AND
PRIVILEGES OF THE JURISDICTIONAL CLASS TO WHICH SUCH  POSITIONS  MAY  BE
ALLOCATED, EXCEPT THAT EFFECTIVE WITH THE ENACTMENT OF THIS SECTION, ALL
MANAGERIAL POSITIONS THAT REPORT TO THE EXECUTIVE OFFICER OF THE AUTHOR-
ITY,  THEIR  DIRECT REPORTS, AND THE DIVISION HEADS THAT REPORT TO THESE
DIRECT REPORTS SHALL BE DESIGNATED  AS  NON-COMPETITIVE  IN  RECOGNITION
THAT  IT IS NOT PRACTICABLE TO ASCERTAIN THE MERIT AND FITNESS FOR THESE
POSITIONS BY COMPETITIVE EXAMINATION. THIS PROVISION SHALL  NOT  ACT  TO
CHANGE THE NON-COMPETITIVE CLASSIFICATION OF ANY OTHER POSITION OR TITLE
CLASSIFIED  AS NON-COMPETITIVE AS OF THE EFFECTIVE DATE OF THIS SECTION.
FURTHER, NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN  ANY
GENERAL,  SPECIAL OR LOCAL LAW, OR ANY OTHER PROVISION CONTAINED IN THIS
SECTION, WITHIN ONE YEAR FROM THE APPOINTMENT OF THE REVIEW  BOARD,  THE
AUTHORITY MAY REQUEST THAT THE REVIEW BOARD APPROVE THE RECLASSIFICATION
OR CREATION OF OTHER POSITIONS AND TITLES WITHIN THE AUTHORITY'S MANAGE-
RIAL  WORK FORCE AS NON-COMPETITIVE WITHOUT THE NECESSITY OF ANY FURTHER
REVIEW IN RECOGNITION THAT IT IS NOT PRACTICABLE TO ASCERTAIN THE  MERIT
AND  FITNESS  FOR  THESE  POSITIONS THROUGH COMPETITIVE EXAMINATIONS, SO
LONG AS THE POSITIONS REQUESTED TO BE CLASSIFIED AS NON-COMPETITIVE  ARE
NOT  MORE  THAN  FIVE REPORTING LEVELS FROM THE EXECUTIVE OFFICER OF THE
AUTHORITY.  SUCH REQUEST SHALL INCLUDE A DESCRIPTION OF  THE  DUTIES  OF
SUCH  POSITIONS  AND AN EXPLANATION OF THE JUSTIFICATION FOR THE CLASSI-
FICATION AS NON-COMPETITIVE. THE REVIEW BOARD SHALL HAVE  THE  POWER  TO
DESIGNATE SUCH POSITIONS AS NON-COMPETITIVE UPON RECEIPT OF SUCH REQUEST
OR  WITHIN  SUCH  TIME  AS  IT FINDS APPROPRIATE. THIS SECTION SHALL NOT
PRECLUDE ANY OTHER APPLICATION FOR CLASSIFICATION OF POSITIONS OR TITLES
AS NON-COMPETITIVE IN ACCORDANCE WITH THE PROCEDURES OTHERWISE  APPLICA-
BLE TO CLASSIFICATIONS.
  (B)  THE  OFFICERS AND EMPLOYEES OF THE AUTHORITY SHALL CONTINUE TO BE
SUBJECT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND  FOR  ALL  SUCH
PURPOSES  SHALL  BE  DEEMED  "PUBLIC  EMPLOYEES".    NOTWITHSTANDING ANY
PROVISION TO THE CONTRARY IN ARTICLE FOURTEEN OF THE CIVIL  SERVICE  LAW
OR  ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY MATTER CONSIDERED TO BE
A TERM AND CONDITION OF EMPLOYMENT THAT HAD BEEN  WITHIN  THE  EXCLUSIVE
AUTHORITY  OF  THE  MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY ON OR
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT  WAS  NOT  A  MANDATORY
SUBJECT OF BARGAINING UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AS
A  RESULT  OF  SUCH  EXCLUSIVE  AUTHORITY  SHALL  REMAIN A NON-MANDATORY
SUBJECT OF BARGAINING FOR THE AUTHORITY AFTER, AND  REGARDLESS  OF,  THE
CHANGES SET FORTH IN THIS SECTION.
  (C)  NOTHING  CONTAINED  IN  THIS SUBDIVISION SHALL SUPERSEDE, EXPAND,
IMPAIR OR DIMINISH THE RIGHTS OF ANY OFFICER OR EMPLOYEE OF THE AUTHORI-
TY UNDER OR PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW,  OR
LIMIT  EMPLOYEE RIGHTS TO INSTITUTE PROCEEDINGS AGAINST THE AUTHORITY IN
ACCORDANCE WITH ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
RULES.
  3.  (A) THE BOARD SHALL APPOINT A PERSONNEL REVIEW BOARD CONSISTING OF
THREE PERSONS. THE BOARD AND THE BOARD OF  THE  NEW  YORK  CITY  TRANSIT

S. 7211                            15

AUTHORITY  SHALL  JOINTLY APPOINT BY SEPARATE RESOLUTIONS THE MEMBERS OF
THE PERSONNEL REVIEW BOARD, AND SUCH MEMBERS SHALL  ALSO  SERVE  AS  THE
PERSONNEL REVIEW BOARD THAT IS ESTABLISHED UNDER PARAGRAPH (A) OF SUBDI-
VISION  THREE  OF  SECTION TWELVE HUNDRED TEN-B OF THIS CHAPTER. PERSONS
APPOINTED TO THE PERSONNEL REVIEW BOARD  MAY  NOT  BE  CURRENT  MEMBERS,
OFFICERS  OR  EMPLOYEES  OF  THE  AUTHORITY,  THE  NEW YORK CITY TRANSIT
AUTHORITY,  OR  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY,  INCLUDING
AFFILIATES  AND/OR SUBSIDIARIES OF SUCH AUTHORITIES, OR CURRENT OFFICERS
OR AGENTS OF ANY  LABOR  ORGANIZATION  REPRESENTING  EMPLOYEES  OF  SUCH
AUTHORITIES, AFFILIATES, AND/OR SUBSIDIARIES.
  (I)  THE  MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL BE APPOINTED FOR
THREE-YEAR TERMS, EXCEPT THAT THE TERMS OF THE MEMBERS OF THE  PERSONNEL
REVIEW  BOARD  SHALL BE STAGGERED SO THAT THE TERM OF ONE MEMBER EXPIRES
EACH YEAR, WITH THE INITIAL TERM OF THE FIRST  MEMBER  EXPIRING  AT  THE
CONCLUSION  OF THE THIRD YEAR FOLLOWING APPOINTMENT, THE INITIAL TERM OF
THE SECOND MEMBER EXPIRING AT THE CONCLUSION OF THE FOURTH YEAR AND  THE
INITIAL TERM OF THE THIRD MEMBER EXPIRING AT THE CONCLUSION OF THE FIFTH
YEAR.
  (II)  ANY MEMBER OF THE PERSONNEL REVIEW BOARD MAY BE REMOVED PURSUANT
TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION TWENTY-FOUR OF THE CIVIL
SERVICE LAW. IN THE EVENT OF SUCH A REMOVAL, OR OF A  RESIGNATION  BY  A
MEMBER OF THE PERSONNEL REVIEW BOARD, THE BOARD OF THE TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY, IN CONJUNCTION WITH THE BOARD OF THE NEW YORK CITY
TRANSIT  AUTHORITY,  SHALL APPOINT A SUCCESSOR FOR THE UNEXPIRED TERM OF
THE MEMBER IN ACCORDANCE WITH THE REQUIREMENTS AND PROCEDURES SET  FORTH
IN THIS PARAGRAPH.
  (III)  THE  MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL ANNUALLY ELECT
ONE OF THE MEMBERS TO SERVE AS CHAIR.
  (B) (I) THE PERSONNEL REVIEW BOARD SHALL PRESCRIBE AND AMEND RULES AND
REGULATIONS CONSISTENT WITH  THE  APPLICABLE  PROVISIONS  OF  THE  CIVIL
SERVICE LAW, FOR EFFECTING THE PROVISIONS OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO RULES FOR:
  (A)  THE JURISDICTIONAL CLASSIFICATION OF OFFICES AND POSITIONS IN THE
CLASSIFIED SERVICE OF THE AUTHORITY;
  (B)  EXAMINATIONS,  APPOINTMENTS,  PROMOTIONS,  TRANSFERS,  AND  REIN-
STATEMENTS;
  (C) THE HEARING AND DETERMINATION OF APPEALS;
  (D)  THE  DESIGNATION  OF POSITIONS IN THE NON-COMPETITIVE CLASS WHICH
ARE CONFIDENTIAL OR REQUIRE THE  PERFORMANCE  OF  FUNCTIONS  INFLUENCING
POLICY; AND
  (E)  THE DESIGNATION AS SEPARATE UNITS FOR SUSPENSION OR DEMOTION UPON
THE ABOLITION OR REDUCTION OF POSITIONS IN ANY DEPARTMENT,  DIVISION  OR
SUBDIVISION OF THE AUTHORITY.
  (II)  THE  PERSONNEL  REVIEW  BOARD  SHALL  HEAR AND DETERMINE APPEALS
INSTITUTED BY ANY PERSON BELIEVING HIMSELF OR HERSELF AGGRIEVED  BY  ANY
ACTION  OR  DETERMINATION OF THE AUTHORITY ALLEGED TO BE IN VIOLATION OF
THE APPLICABLE REVIEW BOARD RULES  OR  APPLICABLE  PERSONNEL  RULES  AND
REGULATIONS,  CLASS  SPECIFICATIONS  AND PERSONNEL ORDERS OF THE CITY OF
NEW YORK AND ALL OTHER APPLICABLE PROVISIONS OF LOCAL  OR  GENERAL  LAWS
RELATING  TO  CIVIL  SERVICE PERSONNEL UNTIL SUCH REVIEW BOARD RULES ARE
ADOPTED; PROVIDED, HOWEVER, THAT NO SUCH APPEAL SHALL BE ALLOWED IF  THE
ACTION  OR DETERMINATION INVOLVED WAS CONSIDERED AND APPROVED IN ADVANCE
BY THE PERSONNEL REVIEW BOARD.
  (III) UPON SUBMISSION OF A NOTICE OF APPEAL FROM ANY INDIVIDUAL OR HIS
OR HER REPRESENTATIVE, THE PERSONNEL REVIEW BOARD SHALL REVIEW THE CLAIM
AND DETERMINE IF THE ACTION VIOLATED THE REVIEW BOARD RULES, PROMULGATED

S. 7211                            16

UNDER THE POWERS GRANTED HEREIN, INCLUDING, BUT  NOT  LIMITED  TO  RULES
FOR:
  (A)  THE JURISDICTIONAL CLASSIFICATION OF OFFICES AND POSITIONS IN THE
CLASSIFIED SERVICE OF THE AUTHORITY;
  (B)  EXAMINATIONS,  APPOINTMENTS,  PROMOTIONS,  TRANSFERS,  AND  REIN-
STATEMENTS; AND
  (C)  THE  DESIGNATION  OF POSITIONS IN THE NON-COMPETITIVE CLASS WHICH
ARE CONFIDENTIAL OR REQUIRE THE  PERFORMANCE  OF  FUNCTIONS  INFLUENCING
POLICY.
  (IV)  THE  PERSONNEL  REVIEW  BOARD SHALL HAVE THE POWER TO ADMINISTER
OATHS AND TO ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE IN THIS STATE  OF
WITNESSES  AND  THE  PRODUCTION  OF  BOOKS  AND  PAPERS PERTINENT TO THE
APPEAL. FOR THIS PURPOSE THE PERSONNEL REVIEW BOARD  SHALL  POSSESS  ALL
THE  POWERS  CONFERRED BY THE CIVIL PRACTICE LAW AND RULES UPON A BOARD,
COMMISSION OR COMMITTEE.  THE PERSONNEL REVIEW BOARD AND ANY OFFICER  OR
EMPLOYEE  DESIGNATED IN WRITING BY THE AUTHORITY TO ACT ON BEHALF OF THE
PERSONNEL REVIEW BOARD MAY INVOKE THE POWER OF ANY COURT  OF  RECORD  IN
THE  STATE  TO COMPEL WITNESSES TO ATTEND, TESTIFY AND PRODUCE BOOKS AND
PAPERS.
  (C) THE SECRETARY OF THE AUTHORITY, OR SUCH OTHER PERSON  EMPLOYED  BY
THE  AUTHORITY  OR  THE METROPOLITAN TRANSPORTATION AUTHORITY, ITS OTHER
AFFILIATES OR SUBSIDIARIES AS MAY BE DESIGNATED BY THE EXECUTIVE  DIREC-
TOR, SHALL SERVE AS SECRETARY OF THE PERSONNEL REVIEW BOARD.
  (D) THE MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL RECEIVE THE NECES-
SARY TRAVEL AND OTHER EXPENSES INCURRED IN THE PERFORMANCE OF THE DUTIES
OF  SUCH  OFFICE,  AND  SHALL  RECEIVE  IN  ADDITION  A PER DIEM FEE FOR
SERVICES RENDERED AS SHALL BE DETERMINED BY THE BOARD.
  (E) (I) ANY APPEAL AUTHORIZED BY THIS SUBDIVISION SHALL BE  INSTITUTED
BY  FILING  WITH  THE  PERSONNEL REVIEW BOARD A WRITTEN NOTICE OF APPEAL
STATING THE RULE AND REGULATION, ACTION OR DETERMINATION  WHICH  IS  THE
SUBJECT  OF THE APPEAL, THE GROUNDS FOR THE APPEAL AND THE RULE OR REGU-
LATION CLAIMED TO BE VIOLATED  AND  SIGNED  BY  THE  PERSON  OR  PERSONS
APPEALING OR THEIR REPRESENTATIVE.
  (II)  ANY  SUCH  APPEAL  SHALL  BE  FILED WITHIN THIRTY DAYS FOLLOWING
NOTICE BY THE AUTHORITY OF THE ACTION OR DETERMINATION TO  BE  REVIEWED;
EXCEPT  THAT  THE  PERSONNEL REVIEW BOARD FOR GOOD CAUSE SHOWN MAY WAIVE
SUCH THIRTY-DAY LIMITATION.
  (III) THE PERSONNEL REVIEW BOARD MAY INVESTIGATE OR INQUIRE  INTO  THE
FACTS  RELATIVE  TO  THE ACTION OR DETERMINATION APPEALED FROM AS MAY BE
DEEMED ADVISABLE AND SHALL AFFORD THE APPELLANT AND/OR HIS OR HER REPRE-
SENTATIVE AN OPPORTUNITY TO BE HEARD IN PERSON OR IN WRITING TO  PRESENT
EVIDENCE  AND ARGUMENT. THE PERSONNEL REVIEW BOARD MAY AFFIRM, MODIFY OR
REVERSE SUCH ACTION OR DETERMINATION.
  (IV) THE PERSONNEL REVIEW BOARD SHALL DECIDE EACH APPEAL FILED  WITHIN
SIXTY DAYS FOLLOWING THE DATE ON WHICH THE SUBMISSION OF FACTS, INFORMA-
TION AND EVIDENCE IS DEEMED COMPLETE BY THE PERSONNEL REVIEW BOARD.
  (V)  THE  PERSON SEEKING REVIEW AND HIS OR HER REPRESENTATIVE SHALL BE
FURNISHED A COPY  OF  THE  PERSONNEL  REVIEW  BOARD'S  WRITTEN  DECISION
CONCURRENTLY  WITH ITS FILING WITH THE SECRETARY OF THE PERSONNEL REVIEW
BOARD. A DECISION OF THE PERSONNEL REVIEW BOARD SHALL BECOME  FINAL  AND
BINDING  WHEN  FILED  WITH  THE SECRETARY OF THE PERSONNEL REVIEW BOARD.
REVIEW OF ANY SUCH FINAL DECISION SHALL BE BY A PROCEEDING AUTHORIZED BY
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  (F) BEFORE ADOPTING ANY RULE OR REGULATION  AFFECTING  THE  RIGHTS  OF
EMPLOYEES,  THE  PERSONNEL  REVIEW  BOARD  SHALL  PUBLISH  NOTICE OF THE

S. 7211                            17

PROPOSED RULE CHANGES NO LATER THAN THIRTY DAYS PRIOR  TO  THE  PROPOSED
EFFECTIVE DATE.
  (I)  PUBLICATION OF THE NOTICE OF PROPOSED RULE-MAKING SHALL BE ACCOM-
PLISHED BY POSTING A  COPY  AT  APPROPRIATE  FACILITIES  THROUGHOUT  THE
AUTHORITY  AS  DETERMINED  BY THE AUTHORITY AND BY SERVING A COPY OF THE
NOTICE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED UPON THE UNIONS CERTI-
FIED OR RECOGNIZED TO REPRESENT EMPLOYEES OF THE AUTHORITY.  PUBLICATION
SHALL BE COMPLETE UPON THE POSTING AND MAILING AS DESCRIBED ABOVE.
  (II)  A  NOTICE OF THE PROPOSED RULE-MAKING SHALL CONTAIN THE COMPLETE
TEXT OF THE PROPOSED RULE OR RULES, AND THE LAST  DATE  UPON  WHICH  THE
PERSONNEL  REVIEW  BOARD  WILL RECEIVE COMMENT UPON THE PROPOSED RULE OR
RULES; PROVIDED, HOWEVER, THAT IF THE TEXT OF THE PROPOSED RULE  EXCEEDS
TWO  THOUSAND  WORDS, THE NOTICE SHALL CONTAIN ONLY A DESCRIPTION OF THE
SUBJECT, PURPOSE AND SUBSTANCE OF SUCH RULE, AND SHALL STATE  FROM  WHAT
PERSON THE COMPLETE TEXT MAY BE OBTAINED.
  (III)  THE  PERSONNEL  REVIEW BOARD MAY RECEIVE COMMENTS ON A PROPOSED
RULE OR RULES IN WRITING OR, IN AN APPROPRIATE CASE, MAY CONDUCT A HEAR-
ING UPON THE PROPOSED RULE.
  (IV) ANY RULE ADOPTED BY THE PERSONNEL REVIEW BOARD SHALL TAKE  EFFECT
WHEN  SIGNED BY THE CHAIRPERSON OF THE PERSONNEL REVIEW BOARD. NOTICE OF
ADOPTION OF A RULE SHALL BE PUBLISHED WITHIN TEN BUSINESS  DAYS  OF  ITS
ADOPTION IN THE SAME MANNER AS THE NOTICE OF PROPOSED RULE-MAKING.
  (V) IN PROMULGATING ITS RULES, THE PERSONNEL REVIEW BOARD SHALL NOT BE
SUBJECT TO THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT, THE
EXECUTIVE LAW OR THE PROCEDURE FOR ADOPTING RULES CONTAINED IN THE CIVIL
SERVICE LAW.
  (VI)  THE  SECRETARY  TO  THE  PERSONNEL  REVIEW  BOARD SHALL MAINTAIN
MINUTES OF THE MEETINGS OF THE PERSONNEL REVIEW BOARD AND SHALL MAINTAIN
COMPLETE COPIES OF THE RULES AND REGULATIONS ADOPTED  BY  THE  PERSONNEL
REVIEW  BOARD. SUCH MINUTES AND RULES SHALL BE OPEN TO PUBLIC INSPECTION
AND COPYING DURING ALL ORDINARY  BUSINESS  HOURS  OF  THE  AUTHORITY  IN
ACCORDANCE  WITH  THE APPLICABLE PROVISIONS OF ARTICLE SIX OF THE PUBLIC
OFFICERS LAW.
  4. (A) THE AUTHORITY SHALL HAVE  THE  POWER  TO  PREPARE  AND  PROPOSE
PERSONNEL  RULES  AND  REGULATIONS  FOR  CONSIDERATION  AND  ADOPTION OR
MODIFICATION BY THE PERSONNEL REVIEW BOARD.  SUCH  ADOPTED  RULES  SHALL
GUIDE THE AUTHORITY IN THE ADMINISTRATION OF PERSONNEL SERVICE.
  (B)  THE AUTHORITY SHALL DETERMINE THE MERIT AND FITNESS OF CANDIDATES
FOR COMPETITIVE CLASS POSITIONS THROUGH  THE  PREPARATION  AND  ADMINIS-
TRATION  OF  CONTENT  BASED EXAMINATIONS FOR ENTRY LEVEL AND PROMOTIONAL
POSITIONS. THE AUTHORITY'S RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED
TO:
  (I) CONDUCTING JOB ANALYSES TO IDENTIFY ESSENTIAL JOB DUTIES  FOR  THE
PREPARATION  OF  CONTENT BASED EXAMINATIONS AND ADMINISTERING SUCH EXAM-
INATIONS;
  (II) ISSUING NOTICES OF EXAMINATION SETTING FORTH  MINIMUM  QUALIFICA-
TIONS  REQUIRED, THE SUBJECTS OF THE EXAMINATION AND SUCH OTHER INFORMA-
TION AS IS APPROPRIATE;
  (III) DETERMINING CANDIDATES' ELIGIBILITY FOR EXAMINATION;
  (IV) ESTABLISHING ELIGIBLE LISTS BASED UPON THE  RATINGS  RECEIVED  BY
CANDIDATES FOR HIRE AND PROMOTION; AND
  (V)  CERTIFICATION AND APPOINTMENT IN ACCORDANCE WITH THE REVIEW BOARD
RULES.
  (C) THE AUTHORITY SHALL ESTABLISH REVIEW PROCEDURES  FOR  EXAMINATIONS
AND  WHERE,  FOLLOWING THE DULY ESTABLISHED PROCEDURES, A FINAL DETERMI-
NATION IS MADE AS TO THE ANSWERS THAT ARE  ACCEPTABLE  ON  A  PARTICULAR

S. 7211                            18

EXAMINATION, COURT REVIEW SHALL BE LIMITED TO A DETERMINATION OF WHETHER
SUCH  DULY  ESTABLISHED  REVIEW  PROCEDURES  WERE FOLLOWED, AND NO COURT
SHALL HAVE AUTHORITY TO DETERMINE WHETHER THE AUTHORITY'S  DETERMINATION
WAS CORRECT.
  (D)  THE  AUTHORITY  SHALL  HAVE  THE  POWER, SUBJECT TO APPEAL TO THE
PERSONNEL REVIEW BOARD OF ANY CLAIMED  VIOLATION  OF  THE  REVIEW  BOARD
RULES:
  (I)  TO  CLASSIFY  AND/OR  RECLASSIFY  ANY POSITIONS IN THE CLASSIFIED
SERVICE OF THE AUTHORITY; AND
  (II) TO ALLOCATE AND REALLOCATE TO AN  APPROPRIATE  SALARY  GRADE  ALL
POSITIONS  IN THE EXEMPT, COMPETITIVE, NON-COMPETITIVE AND LABOR CLASSES
OF THE CLASSIFIED SERVICE OF  THE  AUTHORITY,  INCLUDING  TEMPORARY  AND
SEASONAL POSITIONS.
  (E) THE AUTHORITY SHALL ALSO HAVE THE FOLLOWING POWERS AND DUTIES:
  (I)  TO  ASCERTAIN  AND  RECORD THE DUTIES AND RESPONSIBILITIES OF ALL
POSITIONS IN THE CLASSIFIED  SERVICE  OF  THE  AUTHORITY,  TO  ESTABLISH
ADEQUATE  SPECIFICATIONS  SHOWING THE QUALIFICATIONS FOR, AND THE NATURE
AND EXTENT AND SCOPE OF THE DUTIES AND RESPONSIBILITIES  OF  SUCH  POSI-
TIONS,  AND  TO  ASSIGN UNIFORM TITLES TO POSITIONS THAT ARE SO SUBSTAN-
TIALLY SIMILAR IN THEIR ESSENTIAL CHARACTER AND SCOPE OF  THEIR  DUTIES,
RESPONSIBILITIES  AND  QUALIFICATION REQUIREMENTS THAT THE SAME DESCRIP-
TIVE TITLE MAY BE USED TO DESIGNATE THEM, AND TO ASSURE  THAT  THE  SAME
QUALIFICATIONS  FOR APPOINTMENT THERETO MAY BE REASONABLY REQUIRED, THAT
THE SAME TESTS OF FITNESS MAY BE ESTABLISHED, AND THAT THE SAME RATE  OF
COMPENSATION MAY BE REASONABLY APPLIED;
  (II)  TO  INVESTIGATE  ALL  MATTERS  AFFECTING  THE CLASSIFICATION AND
COMPENSATION OF POSITIONS, TO HEAR AND  DETERMINE  ALL  COMPLAINTS  WITH
RESPECT  TO  THE  CLASSIFICATION AND COMPENSATION OF POSITIONS, AND FROM
TIME TO TIME  TO  REVIEW  THE  DUTIES,  RESPONSIBILITIES,  QUALIFICATION
REQUIREMENTS AND COMPENSATION OF POSITIONS AND TO MAKE SUCH REVISIONS IN
THE  CLASSIFICATION  OR  COMPENSATION  OF  POSITIONS  AS  CHANGES IN THE
SERVICE OF THE AUTHORITY MAY REQUIRE;
  (III) TO PROVIDE TO ANY PERSON  AGGRIEVED  BY  THE  CLASSIFICATION  OR
ALLOCATION  OF  A  POSITION A REASONABLE OPPORTUNITY TO PRESENT FACTS IN
SUPPORT OF OR IN RELATION TO SUCH CLASSIFICATION  OR  ALLOCATION,  AT  A
TIME  AND IN SUCH MANNER AS IT MAY SPECIFY, AND TO RENDER AND FURNISH TO
THE PERSON AGGRIEVED A WRITTEN DECISION THEREON; AND
  (IV) FOR THE PURPOSES OF SECTIONS FORTY-TWO AND  SEVENTY-FIVE  OF  THE
CIVIL  SERVICE  LAW,  AND  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
SUCH SECTIONS, AND SUBJECT TO THE REVIEW BOARD RULES, TO DESIGNATE POSI-
TIONS IN THE NON-COMPETITIVE CLASS AS  CONFIDENTIAL  AND  REQUIRING  THE
PERFORMANCE  OF  FUNCTIONS  INFLUENCING POLICY. THIS PROVISION SHALL NOT
AFFECT THE CLASSIFICATION OF ANY POSITION IN THE  NON-COMPETITIVE  CLASS
AS  CONFIDENTIAL  OR  REQUIRING THE PERFORMANCE OF FUNCTIONS INFLUENCING
POLICY MADE BY THE APPROPRIATE CIVIL SERVICE  COMMISSION  PRIOR  TO  THE
ADOPTION OF THE REVIEW BOARD RULES.
  (F) ANY CLASSIFICATION OR RECLASSIFICATION OF A POSITION MADE PURSUANT
TO  THE REVIEW BOARD RULES AND ANY ALLOCATION OR REALLOCATION OF A POSI-
TION TO A SALARY GRADE MADE BY THE AUTHORITY PURSUANT  TO  THIS  SECTION
SHALL  BECOME EFFECTIVE ON THE DATE APPROVED BY THE EXECUTIVE OFFICER OF
THE AUTHORITY OR HIS OR HER DESIGNEE.
  (G) THE CLASSIFIED SERVICE OF THE AUTHORITY SHALL COMPRISE  ALL  POSI-
TIONS  NOT  INCLUDED  IN  THE UNCLASSIFIED SERVICE. THE POSITIONS IN THE
CLASSIFIED SERVICE OF THE AUTHORITY SHALL BE DIVIDED INTO  FOUR  CLASSES
DESIGNATED  AS  THE EXEMPT CLASS, THE NON-COMPETITIVE CLASS, THE COMPET-
ITIVE CLASS AND THE LABOR CLASS.

S. 7211                            19

  (I) THE EXEMPT CLASS SHALL CONSIST OF SUCH POSITIONS AND OFFICES WHICH
THE AUTHORITY SHALL DETERMINE TO BE IMPRACTICABLE TO FILL BY COMPETITIVE
OR NON-COMPETITIVE EXAMINATION.
  (II)  THE  NON-COMPETITIVE  CLASS SHALL INCLUDE ALL POSITIONS THAT ARE
NOT IN THE EXEMPT CLASS OR LABOR  CLASS  AND  FOR  WHICH  THE  AUTHORITY
CANNOT  PRACTICALLY  ASCERTAIN  THE  MERIT  AND FITNESS OF APPLICANTS BY
COMPETITIVE EXAMINATION.
  (III) THE LABOR CLASS SHALL COMPRISE ALL  UNSKILLED  LABORERS  IN  THE
SERVICE  OF  THE AUTHORITY.  THE AUTHORITY MAY DETERMINE THAT A TITLE IN
THE LABOR CLASS IS APPROPRIATE TO PARTICIPATE IN A PROMOTIONAL  EXAMINA-
TION FOR A HIGHER TITLE IN THE COMPETITIVE CLASS.
  (IV)  THE  COMPETITIVE  CLASS  SHALL  INCLUDE  ALL POSITIONS WHERE THE
AUTHORITY HAS DETERMINED THAT THE MERIT AND FITNESS OF APPLICANTS MAY BE
DETERMINED BY COMPETITIVE EXAMINATION, AND SHALL INCLUDE  ALL  POSITIONS
IN  THE CLASSIFIED SERVICE OF THE AUTHORITY EXCEPT SUCH POSITIONS AS ARE
IN THE EXEMPT CLASS, THE NON-COMPETITIVE CLASS OR THE LABOR CLASS.
  (H) (I) ALL APPLICANTS SHALL BE SUBJECT TO BACKGROUND  INVESTIGATIONS,
INCLUDING  BUT NOT LIMITED TO THE CRIMINAL HISTORY OF ALL APPLICANTS FOR
EMPLOYMENT TO DETERMINE THE SUITABILITY OF SUCH APPLICANTS  FOR  EMPLOY-
MENT.  SUCH INVESTIGATION SHALL INCLUDE BUT NOT BE LIMITED TO THE TAKING
OF FINGERPRINTS OF SUCH OFFICERS AND EMPLOYEES  AS  A  PREREQUISITE  FOR
EMPLOYMENT;  PROVIDED,  HOWEVER,  THAT  EVERY  SET OF FINGERPRINTS TAKEN
PURSUANT TO THIS PARAGRAPH EITHER SHALL BE  PROMPTLY  SUBMITTED  TO  THE
DIVISION  OF CRIMINAL JUSTICE SERVICES, OR ITS SUCCESSOR, WHERE IT SHALL
BE APPROPRIATELY PROCESSED AND FORWARDED TO THE FEDERAL BUREAU OF INVES-
TIGATION, OR ITS SUCCESSOR, AT A RATE  REQUIRED  BY  SUCH  AGENCIES  FOR
STATE  AND  NATIONAL CRIMINAL HISTORY RECORD CHECKS OR THE AUTHORITY MAY
USE SUCH ALTERNATIVE MEANS TO PROCESS FINGERPRINTS FOR THE PURPOSE OF  A
CRIMINAL HISTORY RECORD CHECK AS IT MAY DEEM APPROPRIATE.
  (II)  THE AUTHORITY MAY ALSO AUTHORIZE THE METROPOLITAN TRANSPORTATION
AUTHORITY OR ANY SUBSIDIARY OR AFFILIATE OF  THE  AUTHORITY  OR  OF  THE
METROPOLITAN  TRANSPORTATION AUTHORITY, ON BEHALF OF WHICH THE AUTHORITY
PROCESSES APPLICANTS, TO OBTAIN THE FINGERPRINTS OF SUCH APPLICANTS  AND
THAT  AUTHORITY  SHALL CONDUCT THE BACKGROUND INVESTIGATION AS SET FORTH
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (I) (I) THE AUTHORITY IS AUTHORIZED TO ESTABLISH AND COLLECT FEES FROM
EVERY APPLICANT FOR EXAMINATION FOR A POSITION IN THE COMPETITIVE  CLASS
OR  FOR APPOINTMENT IN THE LABOR CLASS AND FROM EVERY APPOINTEE UPON ANY
PROVISIONAL APPOINTMENT  OR  UPON  APPOINTMENT  IN  THE  NON-COMPETITIVE
CLASS, AS SET FORTH IN THE REVIEW BOARD RULES.
  (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, THE EXECUTIVE OFFICER OF THE AUTHORITY, SUBJECT TO  THE  APPROVAL
OF  THE  EXECUTIVE  DIRECTOR, MAY ELECT TO WAIVE APPLICATION FEES, OR TO
ABOLISH FEES FOR SPECIFIC CLASSES OF POSITIONS OR TYPES OF  EXAMINATIONS
OR CANDIDATES.
  (III)  ALL  FEES COLLECTED HEREUNDER BY THE AUTHORITY SHALL CONSTITUTE
REVENUE FOR THE AUTHORITY.
  (J) (I) WHERE, BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNC-
TIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE, POSITIONS IN THE  COMPET-
ITIVE  CLASS  OF  SERVICE  OF THE AUTHORITY, ARE ABOLISHED OR REDUCED IN
RANK OR SALARY GRADE, INCUMBENTS HOLDING THE SAME OR  SIMILAR  POSITIONS
WITHIN THE SAME JURISDICTIONAL CLASSIFICATION WITHIN THE AUTHORITY SHALL
BE  SUSPENDED OR DEMOTED IN THE INVERSE ORDER OF ORIGINAL APPOINTMENT ON
A PERMANENT BASIS IN THE CLASSIFIED SERVICE AS SET FORTH IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH; PROVIDED, HOWEVER, THAT INCUMBENTS  HOLDING  THE
SAME  OR SIMILAR POSITIONS WITHIN THE SAME JURISDICTIONAL CLASSIFICATION

S. 7211                            20

WITHIN THE AUTHORITY WHO HAVE NOT COMPLETED THEIR  PROBATIONARY  SERVICE
SHALL  BE  SUSPENDED  OR DEMOTED AS THE CASE MAY BE BEFORE ANY PERMANENT
INCUMBENTS, AND AMONG SUCH PROBATIONARY EMPLOYEES THE ORDER  OF  SUSPEN-
SION OR DEMOTION SHALL BE DETERMINED AS IF SUCH EMPLOYEES WERE PERMANENT
INCUMBENTS.  THE PERSONNEL REVIEW BOARD MAY, BY RULE, DESIGNATE AS SEPA-
RATE  UNITS  FOR SUSPENSION AND/OR DEMOTION UNDER THE PROVISIONS OF THIS
SUBSECTION ANY DEPARTMENT, DIVISION OR SUBDIVISION OF THE AUTHORITY  AND
UPON THE ABOLITION OR REDUCTION OF POSITIONS IN SUCH SERVICE, SUSPENSION
AND/OR  DEMOTION SHALL BE MADE FROM AMONG INCUMBENTS HOLDING THE SAME OR
SIMILAR POSITIONS IN SUCH SEPARATE UNIT.
  (II) THE DATE OF ORIGINAL APPOINTMENT OF EMPLOYEES  OF  THE  AUTHORITY
SHALL  BE  THE  DATE OF ORIGINAL APPOINTMENT ON A PERMANENT BASIS IN THE
CLASSIFIED SERVICE OF THE AUTHORITY, FOLLOWED BY CONTINUOUS  SERVICE  IN
THE  AUTHORITY UP TO THE TIME OF SUSPENSION OR DEMOTION; EXCEPT THAT FOR
THOSE EMPLOYEES WHO WERE IN THE COMPETITIVE AND  LABOR  CLASSES  OF  THE
AUTHORITY  ON  THE  EFFECTIVE DATE OF THIS SECTION, THE DATE OF ORIGINAL
APPOINTMENT SHALL BE THE DATE OF ORIGINAL  APPOINTMENT  ON  A  PERMANENT
BASIS  IN  THE CIVIL SERVICE OF THE CITY OF NEW YORK FOLLOWED BY CONTIN-
UOUS SERVICE IN THE CIVIL SERVICE OF THE CITY OF NEW YORK OR THE AUTHOR-
ITY UP TO THE TIME OF SUSPENSION OR DEMOTION. FOR THE PURPOSES  OF  THIS
SUBPARAGRAPH, AN EMPLOYEE WHO RESIGNED AND WAS REINSTATED OR REAPPOINTED
IN THE CLASSIFIED SERVICE WITHIN ONE YEAR OF THE RESIGNATION, OR WHO WAS
TERMINATED  BECAUSE  OF  AN  OCCUPATIONAL  DISABILITY AND WAS AFTERWARDS
REINSTATED, SHALL BE DEEMED TO HAVE CONTINUOUS SERVICE.
  (III) THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY SHALL  SUPPLY
SUCH  INFORMATION  AS  IS  NECESSARY FOR THE DETERMINATION OF RIGHTS FOR
RETENTION, ABOLITION OF POSITIONS, REDUCTIONS IN RANK  OR  REINSTATEMENT
OF  EMPLOYEES  OF  THE AUTHORITY WHOSE ORIGINAL APPOINTMENT WAS PRIOR TO
THE ENACTMENT OF THIS SECTION, OR ANY OTHER SUCH INFORMATION OR  ASSIST-
ANCE  NEEDED  BY THE AUTHORITY OR BY THE PERSONNEL REVIEW BOARD IN ORDER
TO TAKE OVER THE FUNCTIONS PREVIOUSLY PERFORMED BY THE  MUNICIPAL  CIVIL
SERVICE COMMISSION.
  (IV)  IN  ANY  CASE WHERE AN EMPLOYEE OF THE AUTHORITY IS SUSPENDED OR
DEMOTED BECAUSE OF ABOLITION OR REDUCTION OF  POSITIONS,  THE  AUTHORITY
SHALL  NOTIFY  THE  EMPLOYEE OR HIS OR HER REPRESENTATIVE OF THE PENDING
ACTION.
  (K) (I) PREFERRED  LISTS  SHALL  BE  ESTABLISHED  AS  FOLLOWS:  WHERE,
BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT
OF  ACTIVITIES  OR  OTHERWISE,  AN  EMPLOYEE IN THE COMPETITIVE CLASS OF
SERVICE OF THE AUTHORITY IS SUSPENDED OR DEMOTED,  THE  AUTHORITY  SHALL
PLACE  THE  NAME  OF  SUCH EMPLOYEE UPON A PREFERRED LIST, TOGETHER WITH
OTHERS WHO MAY HAVE BEEN SUSPENDED OR DEMOTED FROM THE SAME  OR  SIMILAR
POSITIONS  IN  THE  SAME JURISDICTIONAL CLASS, AND CERTIFY SUCH LIST, AS
HEREINAFTER PROVIDED, FOR FILLING VACANCIES WITHIN THE AUTHORITY IN  THE
SAME  JURISDICTIONAL CLASS IN THE FOLLOWING ORDER: FIRST, IN THE SAME OR
SIMILAR POSITION; SECOND, IN ANY POSITION IN A LOWER GRADE  IN  LINE  OF
PROMOTION;  AND  THIRD,  IN ANY COMPARABLE POSITION AS DETERMINED BY THE
AUTHORITY. SUCH PREFERRED LIST SHALL BE CERTIFIED FOR FILLING A  VACANCY
IN  ANY  SUCH POSITION BEFORE CERTIFICATION IS MADE FROM ANY OTHER LIST,
INCLUDING A PROMOTION ELIGIBLE LIST, NOTWITHSTANDING THE FACT THAT  NONE
OF  THE  PERSONS ON SUCH PREFERRED LIST WAS SUSPENDED FROM OR DEMOTED IN
THE DEPARTMENT OR SUSPENSION AND DEMOTION UNIT  IN  WHICH  SUCH  VACANCY
EXISTS.  NO  OTHER  NAME  SHALL BE CERTIFIED FROM ANY OTHER LIST FOR ANY
SUCH POSITION UNTIL SUCH PREFERRED LIST IS  EXHAUSTED.  THE  ELIGIBILITY
FOR  REINSTATEMENT  OF A PERSON WHOSE NAME APPEARS ON ANY SUCH PREFERRED

S. 7211                            21

LIST SHALL NOT CONTINUE FOR A PERIOD LONGER THAN  FOUR  YEARS  FROM  THE
DATE OF SEPARATION OR DEMOTION.
  (II)  EXCEPT  AS  HEREINAFTER  PROVIDED,  THE  NAMES  OF  PERSONS ON A
PREFERRED LIST SHALL BE  CERTIFIED  THEREFROM  FOR  REINSTATEMENT  TO  A
VACANCY  WITHIN THE AUTHORITY IN AN APPROPRIATE POSITION IN THE ORDER OF
THEIR ORIGINAL PERMANENT APPOINTMENTS IN ORDER OF SENIORITY AS DESCRIBED
IN SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION.  WHERE SUCH A
VACANCY EXISTS IN A SEPARATE SUSPENSION AND/OR DEMOTION UNIT, THE  NAMES
OF  PERSONS  SUSPENDED  FROM  OR  DEMOTED  IN  SUCH  UNIT, AND NOT THOSE
SUSPENDED FROM OR DEMOTED IN ANOTHER UNIT OR IN THE AUTHORITY  GENERALLY
SHALL BE CERTIFIED FIRST.
  (III)  NOTWITHSTANDING  ANY  OF  THE  PROVISIONS OF THIS PARAGRAPH, NO
PERSON SUSPENDED OR DEMOTED PRIOR TO THE COMPLETION OF HIS OR HER PROBA-
TIONARY TERM SHALL BE CERTIFIED FOR REINSTATEMENT UNTIL  THE  EXHAUSTION
OF  THE  PREFERRED  LIST  OF  ALL  OTHER  ELIGIBLES  THEREON. UPON REIN-
STATEMENT, SUCH PROBATIONER SHALL BE REQUIRED TO  COMPLETE  HIS  OR  HER
PROBATIONARY TERM.
  (IV)  THE  PERSONNEL  REVIEW BOARD SHALL ADOPT RULES PROVIDING FOR THE
RELINQUISHMENT OF ELIGIBILITY FOR REINSTATEMENT UPON FAILURE OR  REFUSAL
TO ACCEPT REINSTATEMENT FROM A PREFERRED LIST.
  (V)  A  PERSON  REINSTATED  FROM A PREFERRED LIST TO HIS OR HER FORMER
POSITION OR A SIMILAR POSITION IN THE SAME GRADE SHALL RECEIVE AT  LEAST
THE  SAME  SALARY SUCH PERSON WAS RECEIVING AT THE TIME OF SUSPENSION OR
DEMOTION, EXCEPT IN THE EVENT THAT A SALARY REDUCTION  HAS  BEEN  IMPLE-
MENTED  IN THE FORMER POSITION PRIOR TO THE REINSTATEMENT, IN WHICH CASE
THE SALARY AT REINSTATEMENT MUST INCLUDE THE REDUCTION.
  (VI) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE AUTHOR-
ITY MAY DISQUALIFY FOR REINSTATEMENT AND REMOVE FROM  A  PREFERRED  LIST
THE NAME OF ANY ELIGIBLE WHO IS PHYSICALLY OR MENTALLY UNABLE TO PERFORM
THE  DUTIES  OF  THE POSITION FOR WHICH SUCH LIST IS ESTABLISHED, OR WHO
HAS BEEN GUILTY OF SUCH MISCONDUCT AS WOULD WARRANT HIS OR HER DISMISSAL
FROM THE PUBLIC SERVICE. NO PERSON SHALL  BE  DISQUALIFIED  PURSUANT  TO
THIS  SUBDIVISION UNLESS HE OR SHE IS FIRST GIVEN A WRITTEN STATEMENT OF
THE REASONS THEREFOR AND AN OPPORTUNITY FOR  A  HEARING  AT  WHICH  SUCH
REASONS  SHALL BE ESTABLISHED BY APPROPRIATE EVIDENCE, AND AT WHICH SUCH
PERSON MAY BE REPRESENTED BY COUNSEL AND PRESENT EVIDENCE. THE AUTHORITY
MAY DESIGNATE A PERSON TO HOLD SUCH HEARING AND REPORT THEREON.
  (VII) NOTWITHSTANDING ANY OTHER  PROVISIONS  OF  THIS  PARAGRAPH,  ANY
PERSON  MAY  VOLUNTARILY REMOVE HIS OR HER NAME FROM A PREFERRED LIST BY
APPLICATION TO THE AUTHORITY.
  (VIII) AN EMPLOYEE WHO IS ELIGIBLE TO BE PLACED ON  A  PREFERRED  LIST
PURSUANT  TO  THIS  PARAGRAPH  AND  WHO  ELECTS, AS A MEMBER OF A PUBLIC
EMPLOYEE RETIREMENT SYSTEM, TO RETIRE UPON  A  SUSPENSION  OR  DEMOTION,
SHALL  BE  PLACED  ON  A  PREFERRED LIST AND SHALL BE ELIGIBLE FOR REIN-
STATEMENT WITHIN THE AUTHORITY FROM SUCH LIST.
  (IX) NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE AUTHORITY TO FILL ANY
VACANCY.
  (L) WITH RESPECT TO LEAVE FOR ORDINARY DISABILITY, SECTION SEVENTY-TWO
OF THE CIVIL SERVICE LAW SHALL BE APPLIED EXCEPT  THAT  THE  INDEPENDENT
HEARING OFFICER PROVIDED FOR UNDER SUBDIVISION ONE OF SUCH SECTION SHALL
BE SELECTED FROM A PANEL DESIGNATED BY THE AUTHORITY.
  5.  UPON  THE  REQUEST OF THE PERSONNEL REVIEW BOARD OR THE AUTHORITY,
THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY SHALL PROVIDE TECHNI-
CAL ADVICE AND ASSISTANCE IN THE ADMINISTRATION  OF  THE  PROVISIONS  OF
THIS  SECTION  WITH RESPECT TO ALL MATTERS PENDING ON THE EFFECTIVE DATE
OF THIS SECTION. THE AUTHORITY AND SUCH MUNICIPAL CIVIL SERVICE  COMMIS-

S. 7211                            22

SION  MAY  AGREE  UPON THE TERMS OF SUCH ADVICE AND ASSISTANCE. THEY MAY
FURTHER AGREE UPON THE TERMS AND CONDITIONS OF THE PROVISION  OF  ADVICE
AND  ASSISTANCE  WITH  RESPECT  TO  MATTERS ARISING AFTER SUCH EFFECTIVE
DATE, AND SUCH AGREEMENT MAY PROVIDE FOR COMPENSATION TO SUCH COMMISSION
FOR SUCH ADVICE AND ASSISTANCE.
  6.  NOTWITHSTANDING  ANY  PROVISION  TO  THE CONTRARY CONTAINED IN ANY
GENERAL, SPECIAL OR LOCAL  LAW,  AND  SPECIFICALLY  NOTWITHSTANDING  THE
PROVISIONS OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW:
  (A)  THE  AUTHORITY,  WITH  THE  APPROVAL  OF  THE REVIEW BOARD, SHALL
PROPOSE A PLAN TO THE STATE  CIVIL  SERVICE  COMMISSION  TO  REDUCE  THE
NUMBER  OF  PROVISIONAL  EMPLOYEES  IN  THE COMPETITIVE CLASS SERVING IN
EXCESS OF THE AUTHORIZED TIMEFRAMES TO  A  NUMBER  NOT  TO  EXCEED  FIVE
PERCENT  OF  THE  COMPETITIVE CLASS WORKFORCE WITHIN FIVE YEARS FROM THE
EFFECTIVE DATE OF THIS SECTION. THE STATE CIVIL SERVICE COMMISSION SHALL
HAVE THE POWER TO ACCEPT, REJECT OR MODIFY SUCH PLAN, PROVIDED THAT  ANY
MODIFICATIONS  SHALL  BE MADE BY THE COMMISSION ONLY WITH THE CONSENT OF
THE AUTHORITY. IF THE AUTHORITY DOES NOT CONSENT TO  MODIFICATIONS  MADE
BY THE COMMISSION WITHIN SIXTY DAYS, THEN THE PLAN MAY BE DISAPPROVED BY
SUCH  COMMISSION. SHOULD THE AUTHORITY NOT PROPOSE AN ACCEPTABLE PLAN TO
SUCH COMMISSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS  SECTION,
SUCH  COMMISSION MAY CREATE AND APPROVE A FINAL PLAN AFTER AFFORDING THE
AUTHORITY SIXTY DAYS TO SUBMIT COMMENTS AND RECOMMENDATIONS. THE  REVIEW
BOARD  AND  SUCH COMMISSION SHALL HAVE THE POWER TO DIRECT THE AUTHORITY
TO TAKE SPECIFIC ACTIONS TO MEET THE REQUIREMENTS OF THE APPROVED  PLAN.
THE APPROVED PLAN MAY BE MODIFIED BY SUCH COMMISSION UPON APPLICATION BY
THE  AUTHORITY,  MADE  WITH  APPROVAL  OF THE REVIEW BOARD. MODIFICATION
PURSUANT TO THE PRECEDING SENTENCE MAY EXTEND THE DURATION OF  THE  PLAN
TO  A  DATE  NO MORE THAN ONE YEAR BEYOND THE FIVE-YEAR PERIOD OTHERWISE
AUTHORIZED BY THIS SUBDIVISION. FAILURE OF SUCH COMMISSION TO  ACT  UPON
ANY  SUBMISSION  BY  THE  AUTHORITY  PURSUANT TO THIS SUBDIVISION WITHIN
SIXTY DAYS SHALL BE DEEMED AN APPROVAL  OF  SUCH  SUBMISSION.  ANY  SUCH
SIXTY-DAY  TIMEFRAME SHALL BE TOLLED BY A REQUEST BY SUCH COMMISSION FOR
ADDITIONAL INFORMATION PENDING THE RECEIPT  OF  SUCH  INFORMATION.  SUCH
COMMISSION  SHALL  APPROVE  THE  PLAN AND ANY MODIFICATION THEREOF IF IT
FINDS THAT, CONSISTENT WITH AVAILABLE RESOURCES AND THE NEED FOR  CONTI-
NUITY  IN  PUBLIC SERVICES, SUCH PLAN OR MODIFICATION THEREOF PROVIDES A
TIMELY AND PRACTICABLE IMPLEMENTATION SCHEDULE  IN  FURTHERANCE  OF  THE
PURPOSES OF THIS SUBDIVISION. NOTWITHSTANDING ANY INCONSISTENT PROVISION
OF THIS SUBDIVISION, WHERE A MODIFICATION IS INSUBSTANTIAL, AND WILL NOT
MATERIALLY  AFFECT  THE  ABILITY  OF  THE  AUTHORITY  TO  ACHIEVE TIMELY
SUBSTANTIAL COMPLIANCE WITH THE TIME PERIODS SET FORTH IN THE PLAN,  THE
AUTHORITY  WITH  APPROVAL  OF  ITS  REVIEW BOARD, MAY SO CERTIFY AND THE
MODIFICATION MAY BE IMPLEMENTED AND SHALL BE FILED BY THE AUTHORITY WITH
SUCH COMMISSION WITHIN FIVE BUSINESS DAYS.
  (B) UPON THE EFFECTIVE DATE OF THIS SECTION, THE PROVISIONS OF  SUBDI-
VISIONS TWO, FIVE AND SIX OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW
SHALL NOT APPLY TO AUTHORITY EMPLOYEES DURING THE PERIOD OF DEVELOPMENT,
SUBMISSION,  APPROVAL AND IMPLEMENTATION OF SAID PLAN, AND THE AUTHORITY
SHALL IN NO EVENT BE CONSIDERED A "DCAS EMPLOYER" WITHIN THE MEANING  OF
PARAGRAPH  (A)  OF  SUBDIVISION  FIVE OF SUCH SECTION. THE PROVISIONS OF
SUBDIVISION TWO OF SUCH SECTION SHALL BE APPLICABLE TO  ANY  PROVISIONAL
EMPLOYEE  SERVING  IN  A POSITION FOR WHICH AN APPROPRIATE ELIGIBLE LIST
HAS BEEN ESTABLISHED PURSUANT TO SUCH PLAN,  UNLESS  SUCH  LIST  IS  NOT
ADEQUATE  TO  FILL  ALL POSITIONS THEN HELD ON A PROVISIONAL BASIS OR IS
EXHAUSTED IMMEDIATELY FOLLOWING ITS ESTABLISHMENT.

S. 7211                            23

  7. EXCEPT AS OTHERWISE PROVIDED IN THIS  TITLE,  AN  EMPLOYEE  OF  THE
AUTHORITY  SHALL  NOT  BE  CONSIDERED  A  STATE OR CITY EMPLOYEE FOR ANY
PURPOSES SET FORTH IN ARTICLES ONE THROUGH NINE  OF  THE  CIVIL  SERVICE
LAW.
  8.  THE AUTHORITY AND THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY
OF ITS AFFILIATES OR SUBSIDIARIES ARE AUTHORIZED TO ASSIST OR  COOPERATE
IN  THE  PERFORMANCE  OF  THE RESPONSIBILITIES OR FUNCTIONS SET FORTH IN
THIS SECTION IN SUCH MANNER AS THE AUTHORITY AND THE METROPOLITAN TRANS-
PORTATION AUTHORITY DEEM APPROPRIATE.
  9. ALL REFERENCES IN THIS  SECTION  TO  THE  MUNICIPAL  CIVIL  SERVICE
COMMISSION  OF  THE  CITY  SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL THE
POWERS AND DUTIES OF A MUNICIPAL CIVIL SERVICE  COMMISSION  ASSIGNED  TO
THE  COMMISSIONER OF THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES,
THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, THE MAYOR, THE  CITY
CIVIL  SERVICE  COMMISSION  AND/OR  THE  HEADS  OF  THE CITY AGENCIES AS
PROVIDED IN CHAPTER THIRTY-FIVE OF THE NEW YORK CITY CHARTER AND AS  SET
FORTH IN THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF NEW YORK.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the  New  York  city  transit
authority, the triborough bridge and tunnel authority, the New York city
department  of  citywide administrative services, and all other affected
agencies, officers and employees shall take all  actions  necessary  for
the  timely  implementation  of  this  act upon its effective date. Such
actions are hereby authorized to include, but need not  be  limited  to,
the appointment of a personnel review board pursuant to subdivision 3 of
section 1210-b and subdivision 3 of section 554-a of the public authori-
ties law, as added by sections four and six of this act, respectively.