Section 821. Officers or employees designated to serve in exempt civil service positions  


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  • a. Notwithstanding any provision in this  charter  to  the  contrary,  the mayor or head of an agency may designate any officer
      or employee occupying a position in the competitive class of  the  civil
      service  to  serve  in a position in the exempt class, and in such case,
      the officer or employee so designated shall  thereupon  enter  upon  and
      exercise all the powers and duties and receive the salary of such exempt
      position, and shall retain all the rights, privileges and status of such
      officer or employee's position in the competitive class.
        b. The appointment of any person chosen to fill the position thus left
      vacant  shall  be  temporary and shall terminate upon the return of such
      officer or employee to such position as provided  in  subdivision  e  of
      this section.
        c.  Such designation shall be in writing and shall be filed and remain
      of  record  in  the  office  of  such  agency,  in  the  office  of  the
      commissioner  and  in  the office of the mayor and shall remain in force
      until revoked by the mayor or head of such agency, as the case may be.
        d. Service in such position in the exempt class shall be  credited  as
      service  in  the  competitive  class  and  the status of such officer or
      employee in respect to pensions or  otherwise  shall  not  be  adversely
      affected by such designation.
        e.  Upon the termination of the officer or employee's services in such
      exempt position, except by dismissal for cause in the manner provided in
      section seventy-five of the civil service law, such officer or  employee
      shall immediately and without further application return to the position
      in  the competitive class with the status, rights, privileges and salary
      enjoyed immediately prior to the designation  to  the  position  in  the
      exempt class.