Section 815. Agency heads; powers and duties concerning personnel management

a.  Subject  to  the  civil  service  law  and  applicable  provisions  of  this  charter,  heads  of  city  agencies shall have the
  following powers and  duties  essential  for  the  management  of  their
  agencies  in  addition  to  powers and duties vested in them pursuant to
  this charter or other applicable law:
    (1) To recruit personnel;
    (2) To participate with  the  department  of  citywide  administrative
  services in job analyses for the classification of positions;
    (3) To allocate individual positions to existing civil service titles;
    (4)  To  allocate  individual  managerial  or  executive  positions to
  managerial assignment levels;
    (5) To assist the department of citywide  administrative  services  in
  the determination of minimum qualifications for classes of positions and
  to review and evaluate qualifications of candidates for positions in the
  civil service;
    (6) To assist the commissioner in the planning and preparation of open
  competitive examinations;
    (7)  To  schedule  and  conduct  tests  other  than  written tests for
  promotion to competitive class positions;
    (8) To determine whether to hold  an  open  competitive  or  promotion
  examination   to   fill  positions  in  the  civil  service  subject  to
  disapproval of the commissioner within thirty days;
    (9)  To  plan  and  administer  employee  incentive  and   recognition
  programs;
    (10) To fill vacant positions within quarterly spending allotments and
  personnel controls pursuant to section one hundred six;
    (11) To administer and certify eligible lists for classes of positions
  unique to the agency;
    (12) To make appointments to competitive positions from eligible lists
  pursuant  to  subsection  one  of  section  sixty-one of the state civil
  service law, which authority shall not be abridged or modified by  local
  law or in any other manner;
    (13) To establish and administer performance evaluation programs to be
  used  during  the  probationary  period and for promotions, assignments,
  incentives and training;
    (14) To conduct training  and  development  programs  to  improve  the
  skills, performance and career opportunities of employees;
    (15)  To  ensure  and  promote  equal  opportunity  for all persons in
  appointment, payment of wages, development and advancement;
    (16) To administer employee safety programs;
    (17) To maintain personnel records;
    (18) To perform such  other  personnel  management  functions  as  are
  delegated  by  the commissioner pursuant to this chapter or that are not
  otherwise assigned by this chapter;
    (19) To establish measures and programs to ensure a fair and effective
  affirmative employment plan to provide equal employment opportunity  for
  minority  group  members  and  women  who  are  employed by, or who seek
  employment  with,  the  agency  and,  in  accordance  with  the  uniform
  procedures  and  standards  established  by  the  department of citywide
  administrative services for this purpose,  to  adopt  and  implement  an
  annual  plan to accomplish this objective. Copies of such plans shall be
  filed with the mayor, council,  department  of  citywide  administrative
  services,  equal employment practices commission, and city civil service
  commission and shall be made available for reasonable public inspection;
  and
    (20) To  provide  assistance  to  minority  group  members  and  women
  interested  in  being  employed  by  city  agencies  to ensure that such

  minority  group  members  and  women  benefit,  to  the  maximum  extent
  possible, from city employment and educational assistance programs.
    b.  Within  one year from the effective date of this chapter, the head
  of  each  agency  shall  prepare  and  submit  to  the  mayor  and   the
  commissioner  a  plan  and  schedule for the discharge of the powers and
  duties assigned in this section. No such plan shall  take  effect  until
  approved by the mayor.
    c.  The  mayor may modify, suspend, or withdraw for cause any power or
  duty assigned or  delegated  to  the  head  of  an  agency  pursuant  to
  paragraphs  three,  four,  seven,  eight, and eleven of subdivision a of
  this section.
    d. Notification prior to each action or decision of an agency pursuant
  to this chapter which changes the status of an  individual  employee,  a
  position, or a class of positions shall be provided to the commissioner.
  The head of each agency shall certify on each payroll that all personnel
  actions  and  transactions  of the agency conform with the provisions of
  the civil service law and this chapter, the rules  of  the  commissioner
  and other applicable law.
    e.  Before  any new position in the city service shall be created, the
  agency head shall furnish the commissioner of finance with a certificate
  stating the title of the class of positions to which the position is  to
  be  allocated.  If  the  position  is  to be allocated to a new class of
  positions, the agency head shall request of the  commissioner,  and  the
  commissioner  shall  furnish  to the agency head and the commissioner of
  finance, a certificate stating the appropriate civil service  title  for
  the  proposed  position, the range of salary of comparable civil service
  positions and a statement  of  the  class  specifications  and  line  of
  promotion  into  which such new position will be placed and any such new
  position  shall  be  created  only  with  the  title  approved  by   the
  commissioner.
    f.  The  heads  of all agencies shall, except as otherwise provided by
  law, have power to appoint and remove, subject to the provisions of  the
  civil  service  law,  all  chiefs  of  bureaus  and  all other officers,
  employees  and  subordinates  in   their   respective   administrations,
  departments or offices, without reference to the tenure of office of any
  appointee  and  to  assign  them  their  duties. Nothing herein shall be
  construed  to  preclude  the  mayor  from  entering  into  a  collective
  bargaining  agreement  which  provides  for  a  procedure  governing the
  discipline of employees, including their removal,  pursuant  to  section
  12-312  of the administrative code of the city of New York for employees
  of agencies the heads of which are appointed by the mayor.
    g. The heads of city  agencies  or  their  designated  representatives
  shall  fulfill  the  requirements  for  agency  participation in matters
  affecting  the  management  of  the  agency  in  advance  of  collective
  bargaining  negotiations  affecting employees of any agency contained in
  section eleven hundred seventy-seven.
    h. The head of each city agency shall ensure that such agency does not
  discriminate  against  employees  or  applicants   for   employment   as
  prohibited by federal, state and local law.
    i.  The head of each city agency shall quarterly publish and submit to
  the mayor, council, department of citywide administrative services,  and
  the  equal  employment  practices  commission  a  report on the agency's
  efforts during the  previous  quarter  to  implement  the  plan  adopted
  pursuant to paragraph nineteen of subdivision a of section eight hundred
  fifteen.
    j.  The  head  of  each  city  agency  shall include in all employment
  retention, recruitment, training  and  promotional  program  literature,

  advertisements, solicitations and job applications, such language as may
  be necessary to effectuate the purpose of this chapter.
    k.  The head of each city agency shall require each employment agency,
  or authorized representative of workers with which it has  a  collective
  bargaining  or other agreement or understanding and which is involved in
  the performance of recruitment and retention with the agency to  furnish
  a  written  statement  that  such  employment  agency,  labor  union  or
  representative shall not discriminate against  employees  or  applicants
  for  employment  pursuant  to  federal, state or local law and that such
  union or representative will cooperate  in  the  implementation  of  the
  agency's obligations pursuant to this chapter.