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This entry was published on 2014-09-22
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Civil service
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 6
§ 1737. Civil service. 1. a. The authority, for the purpose of
administering the state civil service law, shall be deemed to be a
municipal commission provided, however, that (i) the authority may elect
to delegate the administration of any or all of the provisions of the
civil service law, except article fourteen of such law, to the
department of personnel of the city of New York with respect to titles
established at the authority and which the city has also established and
promulgates; (ii) the civil service commission of the city of New York
shall exercise on behalf of the authority the powers and duties of
review assigned under sections fifty, seventy-two, and seventy-six of
the civil service law; and (iii) the New York city office of
administrative trials and hearings will be designated the hearing office
and shall conduct on behalf of the authority such hearings as are
required by sections seventy-one, seventy-two, seventy-three,
seventy-five and eighty-one of the civil service law.

b. In the event the authority elects to delegate administration of any
or all of the provisions of the civil service law pursuant to paragraph
a of this subdivision, the city department of personnel shall enter into
a contract with such authority for the rendition of such services. The
authority shall compensate the city of New York for such services only
with respect to such services rendered for or on behalf of the
authority. If the city of New York and the authority cannot agree on the
amount of such compensation, the city comptroller shall determine the
fair and reasonable value of such services and the authority shall pay
such sum to the city of New York.

2. a. Any person on an eligible list for a position with the city
board in effect on the effective date of this title shall continue to
hold such position on such list and shall be entitled to the same civil
service rights.

b. The authority shall continue to use any new or existing civil
service lists promulgated by the city department of personnel until such
time as successor titles are established.

3. With respect to persons employed by the city board on the effective
date of this section, the authority and the city board shall be deemed
to be the same public employer only for purposes of transfer of
employment under the civil service law. No civil service right of an
employee of the city board employed on the effective date of this title
shall be lost, impaired or affected by reason of the enactment of this
section into law.

4. A tripartite panel shall be established, consisting of one person
representing the authority, one person representing the appropriate
public employee organization and an impartial person selected by these
representatives. This panel shall hear complaints filed by such public
employee organization with respect to the creation and classification of
new titles and shall render non-binding written recommendations to the
public employee organization and the authority prior to the public
hearing required of a municipal civil service commission pursuant to
section twenty of the civil service law, provided that the hearing of
the tripartite panel shall be expedited so as to avoid delay.