A. 6355 2
transit authority and the triborough bridge and tunnel authority, and
the continued exercise of jurisdiction by the municipal civil service
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 triborough bridge and tunnel authority require that the New
York city transit authority and the triborough bridge and tunnel author-
ity 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
A. 6355 3
FOR THE PURPOSES OF APPLYING THE CIVIL SERVICE LAW TO POSITIONS FORMERLY
COVERED BY SUBDIVISION TWO OF SECTION TWELVE HUNDRED TEN 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, 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
A. 6355 4
AND AN EXPLANATION OF THE JUSTIFICATION FOR THE CLASSIFICATION 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 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 PARAGRAPH (A) OF THIS SUBDIVISION.
(III) THE MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL ANNUALLY ELECT
ONE OF THE MEMBERS TO SERVE AS CHAIRPERSON.
A. 6355 5
(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
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.
A. 6355 6
(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 AND
REGULATION 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 IN THIS
SUBPARAGRAPH.
(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.
A. 6355 7
(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
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;
A. 6355 8
(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 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-
A. 6355 9
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 RECORDS 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 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.
A. 6355 10
(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
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-
A. 6355 11
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 THEREFORE 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 AUTHORITY SHALL SUBMIT ITS PLAN TO
THE REVIEW BOARD WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION OR WITHIN SIXTY DAYS OF ITS APPOINTMENT, WHICHEVER IS LATER, AND
THE REVIEW BOARD SHALL APPROVE, MODIFY OR REJECT SUCH PLAN WITHIN NINETY
DAYS OF SUCH SUBMISSION. 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 EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS
A. 6355 12
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 COMMIS-
SION 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 TIME FRAME
SHALL BE TOLLED BY A REQUEST BY SUCH COMMISSION FOR ADDITIONAL INFORMA-
TION PENDING THE RECEIPT OF SUCH INFORMATION. THE EIGHTEEN-MONTH PERIOD
WITHIN WHICH THE AUTHORITY IS TO PROPOSE AN ACCEPTABLE PLAN TO THE
COMMISSION, AFTER WHICH PERIOD THE COMMISSION MAY CREATE A FINAL PLAN AS
PROVIDED ABOVE, SHALL ALSO BE TOLLED PENDING THE COMMISSION'S RECEIPT OF
SUCH ADDITIONAL 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 SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW 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 ESTABLISH-
MENT.
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
A. 6355 13
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
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.
A. 6355 14
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 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. 6355 15
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
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 PARAGRAPH (A) OF THIS SUBDIVISION.
(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) RULES FOR 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
A. 6355 16
(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
SUBJECT OF THE APPEAL, THE GROUNDS FOR THE APPEAL, AND THE RULE AND
REGULATION 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-
A. 6355 17
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 IN THIS
SUBPARAGRAPH.
(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
A. 6355 18
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, 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 SPEC-
IFICATIONS SHOWING THE QUALIFICATIONS FOR, AND THE NATURE AND EXTENT AND
SCOPE OF THE DUTIES AND RESPONSIBILITIES OF SUCH POSITIONS, AND TO
ASSIGN UNIFORM TITLES TO POSITIONS THAT ARE SO SUBSTANTIALLY SIMILAR IN
THEIR ESSENTIAL CHARACTER AND SCOPE OF THEIR DUTIES, RESPONSIBILITIES
AND QUALIFICATION REQUIREMENTS THAT THE SAME DESCRIPTIVE 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-
A. 6355 19
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.
(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 RECORDS 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.
A. 6355 20
(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
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
A. 6355 21
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. NOTWITH-
STANDING THE ABOVE, 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 THEREFORE 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.
A. 6355 22
(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 AUTHORITY SHALL SUBMIT ITS PLAN TO
THE REVIEW BOARD WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION OR WITHIN SIXTY DAYS OF ITS APPOINTMENT, WHICHEVER IS LATER, AND
THE REVIEW BOARD SHALL APPROVE, MODIFY OR REJECT SUCH PLAN WITHIN NINETY
DAYS OF SUCH SUBMISSION. 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 EIGHTEEN MONTHS 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 RECOMMENDA-
TIONS. 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 COMMIS-
SION 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 TIME FRAME SHALL BE TOLLED BY A REQUEST
BY SUCH COMMISSION FOR ADDITIONAL INFORMATION PENDING THE RECEIPT OF
SUCH INFORMATION. THE EIGHTEEN-MONTH PERIOD WITHIN WHICH THE AUTHORITY
IS TO PROPOSE AN ACCEPTABLE PLAN TO THE COMMISSION, AFTER WHICH PERIOD
THE COMMISSION MAY CREATE A FINAL PLAN AS PROVIDED ABOVE, SHALL ALSO BE
A. 6355 23
TOLLED PENDING THE COMMISSION'S RECEIPT OF SUCH ADDITIONAL 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. 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 SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW 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 ESTABLISH-
MENT.
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.