Section 832. Compliance Procedures


Latest version.
  • a. The commission shall conduct such
      study or investigations and hold such hearings as may  be  necessary  to
      determine  whether  agencies are in compliance with the equal employment
      opportunity requirements of this chapter and chapter thirty-five.
        b. For the purpose of ascertaining facts in connection with any  study
      or  investigation  authorized by this chapter, the commission shall have
      power to compel the attendance of witnesses, to administer oaths and  to
      examine  such  persons as they may deem necessary. The commission or any
      agent or employee thereof duly designated in writing by  them  for  such
      purposes  may  administer  oaths  or  affirmations, examine witnesses in
      public or private hearing, receive evidence and preside  at  or  conduct
      any such study or investigation.
        c.  If  the  commission  makes a preliminary determination pursuant to
      subdivision d of  section  eight  hundred  thirty-one,  that  any  plan,
      program,  procedure,  approach, measures or standard adopted or utilized
      by any city agency or the department of citywide administrative services
      does not provide equal employment opportunity; and/or if the  commission
      makes  a  preliminary determination pursuant to this chapter and chapter
      thirty-five,  that  an  agency  has  not   provided   equal   employment
      opportunity,  the  commission shall notify the agency in writing of this
      determination and provide an opportunity for the agency to  respond.  If
      the  commission,  after  consideration  of  any  such response and after
      consulting with the agency, concludes that the  corrective  actions,  if
      any,  taken  or  planned by the agency are not sufficient to correct the
      non-compliance identified in the preliminary  determination,  it  should
      make  a  final  determination  in  writing,  including  such recommended
      corrective action as the commission may  deem  appropriate.  The  agency
      shall  within  thirty  days  thereafter respond to the commission on any
      corrective action it intends to make and shall make monthly  reports  to
      such  commission  on  the  progress  of  such  corrective action. If the
      commission, after a period not to exceed six months, determines that the
      agency has not taken appropriate and effective  corrective  action,  the
      commission  shall notify the agency in writing of this determination and
      the commission may thereafter publish a  report  and  recommend  to  the
      mayor  whatever  appropriate  corrective  action  the  commission  deems
      necessary  to  ensure  compliance  with  equal  employment   opportunity
      pursuant  to  the  requirements of this chapter and chapter thirty-five.
      Within thirty days of such  determination  the  agency  shall  submit  a
      written  response  to  the  commission  and  the  mayor. The mayor after
      reviewing the commission's findings and the agency's response,  if  any,
      shall order and publish such action as he or she deems appropriate.