Chapter 35: Department of Citywide Administrative Services

Section 810.

Section 810. Department, commissioner.

There shall be a department of citywide administrative services, the head of which shall be the commissioner of citywide administrative services. The commissioner may appoint deputies within available appropriations.

Section 811.

Section 811. Powers and duties of the commissioner; general.

The commissioner shall be responsible for citywide personnel matters, as set forth in this chapter, and shall have all the powers and duties of a municipal civil service commission provided in the civil service law or in any other statute or local law other than such powers and duties as are by this chapter assigned to the mayor, the city civil service commission or the heads of the city agencies; the commissioner shall in addition have the power to perform all the functions and operations of the city of New York relating to the maintenance and care of public buildings and facilities; the procurement of goods and other personal property; the disposition of surplus property; the provision to city agencies of services other than personal services; the acquisition, disposition and management by the city of real property other than housing; and the provision of automotive, communication, energy, and data processing services.

Section 812.

Section 812. Personnel management, declaration of intent.

1. The personnel policies and practices of the city government, in furtherance of this charter, the civil service law and rules and other applicable law, shall: (1) preserve and promote merit and fitness in city employment, (2) ensure that appointments and promotions in city service are made, and that wages are set, without regard to political affiliation, and without unlawful discrimination based on sex, race, color, religion, religious observance, national origin, disability, age, marital status, citizenship status or sexual orientation; and promote and support the efficient and effective delivery of services to the public.
2. Consistent with subdivision a of this section, the heads of city agencies shall have such powers, duties and responsibilities for personnel management as they shall require to administer their agencies effectively and to supervise, evaluate, motivate, discipline, provide incentives for and improve the skills of employees of the city.

Section 813.

Section 813. City civil service commission.

1. There shall be a city civil service commission, consisting of five members, not more than three of whom shall be members of the same political party. Members shall be appointed by the mayor, from a list of nominations provided by the screening committee established pursuant to subdivision b of this section, for overlapping terms of six years. Of the members first appointed, two shall serve for two years and two for four years and one for six years. The members shall be removable in the manner provided for members of a municipal civil service commission in the civil service law. A vacancy in such commission shall be filled in the same manner as regular appointments for the balance of the unexpired term. The mayor shall designate a member as chair and vice chair, respectively, for one-year terms. Within appropriations for such purposes, the members of the commission shall be reimbursed on a per diem basis for attendance at regularly scheduled meetings and hearings of the commission.
2. There shall be a screening committee which shall submit to the mayor a list of nominees, which shall include persons with knowledge or experience of the civil service system, or personnel management, or compensation practices, from which the mayor shall make appointments to the city civil service commission. Such screening committee shall consist of six members, of whom four shall be appointed by the mayor and two shall be appointed by the municipal labor committee. The screening committee shall submit the list of nominees upon the occurrence of any vacancy on the commission or at least three months prior to the expiration of the term of any incumbent member.
3. The commission shall appoint a counsel, who shall not be employed or retained by any other city agency, and may appoint a secretary and such other subordinates as may be necessary within the appropriation therefor.
4. The civil service commission shall have the power to hear and determine appeals by any person aggrieved by any action or determination of the commissioner made pursuant to paragraphs three, four, five, six, seven and eight of subdivision a or paragraph five of subdivision b of section eight hundred fourteen of this chapter and may affirm, modify, or reverse such action or determination. Any such appeal shall be taken by application in writing to the commission within thirty days after the action or determination appealed from. The commission shall also have the powers and responsibilities of a municipal civil service commission under section seventy-six of the state civil service law. In accordance with the requirements of chapter forty-five, the commission shall promulgate rules of procedure, including rules establishing time schedules, for the hearings and determinations authorized by this section.
5. The commission, on its own initiative, or upon request of the mayor, council, or commissioner, shall have the power and duty to conduct reviews, studies, or analyses of the administration of personnel in the city, including the classification of titles by the commissioner.
6. The commission shall prepare and transmit directly to the mayor departmental estimates as required by section two hundred thirty-one. The mayor shall include such proposed appropriations for the commission as a separate agency in the preliminary and executive budgets as are sufficient for the commission to fulfill the obligations assigned to it by this charter or other law.

Section 814.

Section 814. Personnel management; powers and duties of the commissioner.

1. The commissioner shall have the following powers and duties in addition to the powers and duties of a municipal civil service commission provided in the civil service law, and those vested in the commissioner as head of the department, except where any specific power or duty is assigned to the mayor, heads of city agencies or the civil service commission pursuant to this chapter:

   (1) To recruit personnel;

   (2) To make studies in regard to the grading and classifying of positions in the civil service, establish criteria and guidelines for allocating positions to an existing class of positions, and grade and establish classes of positions;

   (3) To schedule and conduct examinations for positions in the civil service;

   (4) To establish, promulgate and certify eligible lists in the manner provided in the civil service law, and the rules of the commissioner;

   (5) To determine the appropriateness of eligible lists for the filing of vacancies in the manner provided in the civil service law and the rules of the commissioner;

   (6) To investigate applicants for positions in the civil service; to review their qualifications, and to revoke or rescind any certification or appointment by reason of the disqualification of the applicant or appointee under the provisions of the civil service law, and the rules of the commissioner or any other law;

   (7) To review any appointment of persons as provisional employees within sixty days after appointment to assure compliance with this chapter, the civil service law, and any rule or regulation issued pursuant to this charter or civil service law;

   (8) To certify payrolls in accordance with the provisions of the civil service law and the rules of the commissioner;

   (9) To keep records regarding candidates for appointment to the civil service and officers and employees in the civil service;

   (10) To develop and recommend to the mayor standard rules governing working conditions, vacations and leaves of absence; and career, salary and wage plans providing for the creation, abolition and modification of positions and grades and fixing salaries of persons paid from the city treasury, subject to the provisions of this charter, the civil service law, other applicable statutes and collective bargaining agreements;

   (11) To administer the city-wide safety incentive, training and development, and other such personnel programs of the city.

2. The commissioner shall have the following powers and duties with respect to the personnel management functions assigned to city agencies pursuant to subdivisions a, b, c, and d of section eight hundred fifteen.

   (1) To aid in the development of effective and efficient personnel programs and professional personnel staffs in the agencies of the city; and to convene the personnel officers of the agencies from time to time as a personnel council to consider personnel matters of inter-agency or of city-wide concern;

   (2) To approve agency plans and programs pursuant to paragraphs seven, nine and thirteen of subdivision a of section eight hundred fifteen;

   (3) To establish and enforce standards, guidelines and criteria for the personnel management functions assigned to the agencies and to audit performance by the agencies of such personnel functions;

   (4) To reverse or rescind any agency personnel action or decision pursuant to an assignment or delegation of authority in this chapter, upon a finding of abuse after notification to the agency and an opportunity to be heard;

   (5) To hear and determine appeals by any person aggrieved by any action or determination of the head of an agency made pursuant to paragraphs three, five, seven and eleven of subdivision a of section eight hundred fifteen, subject to review by the civil service commission as provided in subdivision c of section eight hundred thirteen;

   (6) To delegate to the head of an agency personnel management functions assigned to the commissioner where such delegation is not otherwise prohibited by the civil service law, and pursuant to terms and conditions prescribed by the commissioner;

   (7) To administer personnel programs of a city-wide nature or common to two or more departments where administration by separate agencies would be impracticable and uneconomical.

3. The commissioner shall promulgate rules and regulations relating to the personnel policies, programs and activities of city government in furtherance of and consistent with the state civil service law and this chapter. The commissioner shall transmit to the state civil service commission each proposed rule which must be submitted to such commission, including any which establishes or reclassifies titles in the non-competitive or exempt class, within sixty days after the public hearing has been held on such rule.
4. The commissioner shall, at the time requested by the city civil service commission or the equal employment practices commission, provide each commission with all the information which such commission deems necessary to fulfill the duties assigned to it by the charter. The provisions of this subdivision shall not apply to any information which is required by law to be kept confidential or which is protected by the privileges for attorney-client communications, attorney work products, or material prepared for litigation.
5. The commissioner shall submit a quarterly report to the mayor, the council, the civil service commission and the equal employment practices commission. Such report shall specify, by agency and by title, including temporary titles:

   (1) the number of provisional employees at the end of the second month of the quarter;

   (2) the length of time such provisional employees have served in their positions; and

   (3) the actions taken by the city to reduce the number of such provisional employees and the length of their service in such positions. Such reports shall be submitted by the last day of March, June, September, and December of each year.

Section 814.

Section 814. 1. Office of diversity and inclusion.

1. Definitions.

   Chief. The term “chief” means the director of the office of diversity and inclusion.

   Office. The term “office” means the office of diversity and inclusion.

2. The commissioner shall establish an office of diversity and inclusion. Such office shall be headed by a chief who shall be appointed by the commissioner.
3. Powers and duties. The commissioner, acting through the office, shall have the power to:

   (1) Compile and report on statistics relating to hiring, salary, and promotion for all city agencies disaggregated by race, gender, civil service classification, and other categories as appropriate, and make such reports publicly available online on an annual basis.

   (2) Establish and enforce uniform procedures and standards to be utilized by city agencies in establishing measures, programs and plans to ensure a fair and effective affirmative employment plan for equal employment opportunities for minority group members and women who are employed by, or who seek employment with, city agencies. Such procedures shall include a time schedule for the development of such plans which provides for the preparation by each agency of a draft plan, the review of such draft plan by the department of citywide administrative services, the equal employment practices commission, and such other agency as the mayor requires, and the consideration by the agency of any comments received on such draft plans prior to the adoption of a final plan as required by paragraph nineteen of subdivision a of section eight hundred fifteen;

   (3) Establish a uniform format to be utilized by all city agencies in the preparation of the quarterly reports required by subdivision i of section eight hundred fifteen. Such format shall provide for the presentation of statistical information regarding total employment, including provisional, seasonal, per-diem and part-time employees, new hiring and promotions in a manner that facilitates understanding of an agency’s efforts to provide fair and effective equal opportunity employment for minority group members, women and members of other groups who are employed by, or who seek employment with, city agencies;

   (4) Ensure accountability by evaluating each city agency in accordance with the procedures and standards set by the office pursuant to paragraph 1 of this subdivision. The office shall ensure that each evaluation shall include, but not be limited to, the following: (i) a determination for each city agency of whether such agency is compliant with such procedures and standards; (ii) an analysis of whether and how such procedures and standards should be expanded or modified for the next annual reporting period, with a view towards improving upon prior benchmarks; and (iii) any other information the office deems relevant. The evaluations shall be compiled and included in the annual report to the mayor, the city council, the equal employment practices commission and the city civil service commission pursuant to paragraph 8 of this subdivision. Such report shall be made publicly available on the city’s website.

   (5) Develop, in conjunction with other city agencies, a clearinghouse for information on employment and educational programs and services for minority group members and women; and

   (6) Provide assistance to minority group members and women employed by, or 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.

   (7) Develop policies and best practices to ensure that adequate support, training and mentorship is made available to underrepresented city employees to assist with career advancement in the civil service.

   (8) Develop recruitment, hiring, and career advancement procedures that address unconscious biases and systemic barriers to achieve greater diversity in the recruitment and career advancement of city employees, and provide trainings for city agency employees responsible for recruitment, discretionary hiring, and career advancement.

   (9) No later than September 30, 2020, and no later than September 30 annually thereafter, publish and submit to the mayor, council and the commission on equal employment practices a report on the activities of the department of citywide administrative services and city agencies to provide fair and effective affirmative employment practices to ensure equal employment opportunity for minority group members and women who are employed by, or who seek employment with, city agencies. Such report shall include, but not be limited to, an analysis of the city government workforce and applicants for such employment by agency, title and classification except where a civil service exam was the basis of appointment; statistics relating to hiring, salary and promotion for all city agencies disaggregated by race, gender, and civil service classification and other categories as appropriate; a description of each agency’s employment practices, policies and programs; an analysis of the effectiveness of the city’s efforts to provide fair and effective affirmative employment practices to ensure equal employment opportunity for minority group members and women who are employed by, or who seek employment with, city agencies; an analysis of employee response rates to efforts to collect demographic information over time, and whether changes in the racial and ethnic classification categories used to collect demographic information have had an impact on employee response rates; a review of racial and ethnic classification categories used to collect demographic information and recommendations for how to improve the use of such categories to reflect the city government workforce; and such legislative, programmatic and budgetary recommendations for the development, implementation or improvement of such activities as the commissioner deems appropriate.

Section 815.

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

1. 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. In carrying out duties related to this paragraph, the heads of city agencies shall cooperate fully with the department of citywide administrative services’ office of diversity and inclusion in accordance with section 814.1; 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.

2. 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.
3. 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.
4. 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.
5. 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,
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.

Section 815.

Section 815. 1. Anti-sexual harassment training.

1. Definitions. For purposes of this section, the following terms have the following meanings:

   Agency. The term “agency” has the same meaning as such term is defined in section 1150 and shall include the offices of the borough presidents, the comptroller and the public advocate.

   Interactive training. The term “interactive training” means participatory teaching whereby the trainee is engaged in a trainer-trainee interaction, use of audio-visuals, computer or online training program or other participatory demonstrations as determined by the department. However, such “interactive training” is not required to be live or facilitated by an in-person instructor in order to satisfy the provisions of this subdivision.

2. All personnel. The head of each agency, in consultation with the department, shall ensure that each employee of such agency receives anti-sexual harassment interactive training annually. Such training shall be designed to create an environment that is free from sexual harassment, to discourage the development of sexual harassment, to raise awareness and sensitivity of employees to potential sexual harassment and to enable employees to prevent and respond to sexual harassment. Such training shall include the specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints. Such training may be included as a part of a broader anti-discrimination training and shall include but not be limited to the following:

   1. An explanation of sexual harassment as a form of unlawful discrimination under local law;

   2. A statement that sexual harassment is a form of unlawful discrimination under federal and state law;

   3. A description of what sexual harassment is;

   4. The internal complaint process available to employees within such agency;

   5. The complaint process available through the commission on human rights, the division of human rights and the United States equal employment opportunity commission, including contact information;

   6. The prohibition of retaliation, pursuant to federal, state and local law and the internal complaint process, and examples thereof; and

   7. Information concerning bystander intervention, including but not limited to any resources that explain how to engage in bystander intervention.

3. For purposes of this section the term “employee” shall apply to interns.
4. Compliance.

   1. The department of citywide administrative services shall maintain a record of all trainings required pursuant to this section for at least three years. On or before January 31 of each year the department of citywide administrative services shall report to the mayor and the speaker the results of agency compliance with the requirements of this section.

   2. The training required pursuant to this section is intended to establish a minimum threshold and does not prohibit any agency from providing more frequent or additional anti-sexual harassment training.

Section 816.

Section 816. Management service.

1. The commissioner, in consultation with the heads of agencies, shall develop and submit to the mayor a city-wide plan and schedule for the development of qualified and competent technical, professional, management, administrative, and supervisory personnel in the civil service to meet the managerial needs of city government. The mayor shall approve, disapprove or modify the plan within one year after the effective date of this chapter.
2. The city-wide plan shall establish a management service for city agencies and shall provide for:

   (1) Membership in the service of employees with significant policy, administrative, supervisory, managerial or professional duties that require the exercise of independent judgment in the scheduling and assignment of work, program management or planning, evaluation of performance or allocation of resources; and including the ranking officials assigned to the local service districts of agencies within community districts and boroughs;

   (2) Opportunities for entry into the service by qualified civil servants and qualified persons not employed by the city consistent with requirements of the civil service law;

   (3) A city-wide qualifying test for entry into the service;

   (4) Assessments of capacity and potential to perform managerial duties as part of competitive tests for entry into the service and assignments within the service;

   (5) A single managerial class of positions for each occupational series within the service with assignment levels within each such class;

   (6) A plan for achieving equitable pay scales for members of the service consonant with their duties and responsibilities;

   (7) Merit increases, incentive awards, and recognition programs for members of the service;

   (8) Performance evaluations for members of the service to be used for assignments, incentive awards, probationary period review, and disciplinary action;

   (9) A probationary period not to exceed one year for members of the service;

   (10) Management intern programs, and,

   (11) Training and career development programs.

3. The commissioner shall conduct city-wide programs and functions related to the management service; assist agencies in the implementation of the management service plan; and review and evaluate agency performance under the plan.

Section 817.

Section 817. Appointments and promotions.

1. All appointments, promotions and changes in status of persons in the public service of the city shall be made in the manner prescribed by the constitution of the state and in accordance with the provisions of the civil service law and other provisions of law not inconsistent therewith nor with this charter.
2. Whenever qualifications for the appointment of persons to public office are prescribed by law, the appointing officer shall, upon making such appointment, file with the civil service commission a certificate that such appointment complies with such law.

Section 818.

Section 818. Power of investigation.

The commissioner shall have the power to make investigations concerning all matters touching the enforcement and effect of the provisions of the civil service law insofar as it applies to the city and the rules and regulations prescribed thereunder, or concerning the actions of any examiner or subordinate of the department, or of any officer or employee of the city or of any county within the city, in respect to the execution of the civil service law; and in the course of such investigations the commissioner shall have the power to administer oaths, to compel the attendance of witnesses, and to examine such persons as deemed necessary.

Section 819.

Section 819. No compensation to unauthorized employee.

No officer of the city whose duty is to sign or countersign warrants shall draw, sign or issue, or authorize the drawing, signing or issuing of any warrant on the commissioner of finance or other disbursing officer of the city for payment of salary to any person in its service whose appointment or retention has not been in accordance with the civil service law and the valid rules in force thereunder.

Section 820.

Section 820. Examination for licenses.

The commissioner shall, unless otherwise provided by law, have power, upon request of any person charged with the duty of issuing licenses or permits, to conduct, under rules and regulations to be established by the commissioner, examinations and tests to determine the qualifications of persons applying for such licenses or permits. The commissioner shall certify to the person having power to issue the license or permit the result of any such examination or test.

Section 821.

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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

Section 822.

Section 822. Public buildings and facilities.

With respect to public buildings and facilities, the commissioner shall have the following powers and duties:

   (a) to manage, alter, repair, operate, maintain and clean buildings, facilities and offices leased or occupied for public use by more than one city agency whose management, alteration, repair, operation, maintenance or cleaning is paid for in whole or in part from the city treasury, and as directed by the mayor, to perform services in space occupied for public use by a single city agency;

   (b) except for the provisions of chapter nine of this charter, to employ, when in the commissioner’s opinion such services are necessary or desirable, qualified consultants in private practice to aid the commissioner in carrying out his or her duties and responsibilities with respect to public buildings or facilities; such consulting or advisory services shall be performed under the supervision of the commissioner;

   (c) to exercise and perform such other powers and duties as may be prescribed by law or delegated to him or her in relation to laboratory testing of commodities and construction materials.    Notwithstanding the provisions of this section, the exercise of the powers and duties set forth herein shall be subject to the jurisdiction of any city agency performing urban renewal and public and publicly-aided housing functions to the extent, and in such areas, as directed by the mayor.

Section 823.

Section 823. Procurement of goods, other personal property and services.

With respect to the procurement and disposal of goods and other personal property and the procurement of services other than personal services, the commissioner shall have the following powers and duties:

   (a) to purchase, inspect, store and distribute all goods, supplies, materials, equipment and other personal property required by any city agency, except as otherwise provided by law, or by any office of any county wholly included in the city for which supplies, materials or equipment are required, payment for which is made from the city treasury;

   (b) to establish and maintain one or more city storehouses, operating therein a modern system of stores control, to supply the estimated current needs of the agencies for which the commissioner is authorized to purchase. All purchases other than such purchases for stock for estimated needs and all deliveries from such stock shall be upon justified requisitions. The commissioner shall also oversee the establishment of efficient and economical systems of stores control in other city agencies and review the operations of such storehouses to assure their efficient and economical management;

   (c) to receive all surplus and obsolete personal property not required by any agency for which the commissioner has the power to make purchases and all such agencies shall surrender such property to the commissioner who shall dispose thereof pursuant to rules promulgated by him or her governing its redistribution, exchange, transfer, sale or other disposition;

   (d) to procure, supply and manage contractual services other than personal or professional services for the use of city agencies;

   (e) to promulgate rules governing the purchase, payment, storage, and delivery of goods, supplies, materials and equipment by agencies of the city and the disposal of surplus and obsolete materials, and to supervise their enforcement;

   (f) to classify all goods, supplies, materials and equipment; to adopt as standards the minimum number of qualities, sizes and types of commodities consistent with efficient operation and life cycle costs; and to promulgate and enforce written specifications for all such standard commodities.

Section 824.

Section 824. Real property.

With respect to real property, the commissioner shall have the following powers and duties:

   (a) to purchase, lease condemn or otherwise acquire real property for the city, subject to the approval of the mayor, and to sell, lease, exchange or otherwise dispose of real property of the city, subject to the requirements of section three hundred eighty-four and subject to review and approval either pursuant to section one hundred ninety-five, if applicable, or pursuant to sections one hundred ninety-seven-c and one hundred ninety-seven-d. No such purchase, lease, condemnation or other acquisition shall be authorized until a public hearing has been held with respect to such acquisition after the publishing of notice in the City Record at least ten days but not more than thirty days in advance of such hearing; provided, however, that in the case of an acquisition by purchase or condemnation, no such hearing shall be required if a public hearing is held with respect to such purchase or condemnation pursuant to any other requirement of law. In the case of a lease in which the city is to be the tenant, the notice for the hearing required in this subdivision shall include a statement of the location and proposed use of the premises, and the term and annual rent of the proposed lease. Before submitting an application pursuant to section one hundred ninety-seven-c for an acquisition or a disposition pursuant to this section, the commissioner shall take into consideration the criteria for location of city facilities established pursuant to section two hundred three. If two years, not including time spent in litigation, have elapsed between (1) the final approval of a disposition or acquisition pursuant to section one hundred ninety-seven-c and section one hundred ninety-seven-d and (2) execution of an agreement in connection with such disposition or acquisition, a public hearing shall be held on the proposed acquisition or disposition after the publishing of notice in the City Record at least forty-five days in advance of such hearing;

   (b) to assign and reallocate to city agencies space and real property owned or leased by the city, to establish comprehensive and continuing programs and standards for utilization of space owned or leased by the city and to conduct surveys of space utilization;

   (c) to manage all real property of the city not used for public purposes, including real property acquired for a public purpose and not being currently utilized for such purpose, except wharf property or other real property under the jurisdiction of the department of small business services, the department of housing preservation and development, the New York city transit authority, and the New York city housing authority by virtue of an authorization granted by the mayor pursuant to the provisions of subdivision three of section one hundred twenty-five of the public housing law, or except as otherwise provided by law, real property under the jurisdiction of the triborough bridge and tunnel authority; provided, that the commissioner shall be responsible for the management, leasing or permitting of any parcels of wharf property and water front property as provided in any designation made by the commissioner of small business services pursuant to paragraph b of subdivision two of section thirteen hundred one of this charter;

   (d) to exercise and perform such other powers and duties as may be prescribed by law or delegated to the commissioner in relation to the acquisition, disposition, management, site selection, assignment, demolition or other treatment of real property of the city;

   (e) to employ, where desirable, managing agents to manage city properties and collect rents therefrom and pay bills;

   (f) to keep, maintain and annually update a master list of leases wherein the city or its agencies is a tenant. Such master list shall contain at least the following information: name and address of lessor, location wherein lease property is situated, base rent, square footage, escalation provisions, and any other information which the department deems necessary and appropriate.

Section 825.

Section 825. Communications and energy.

With respect to communications and energy, the commissioner shall have the following powers and duties:

   (a) WNYC Communications Group: to maintain, operate and administer in conformance with all federal, state and local laws and to use the facilities of such group to assist any agency which shall require and use such service and also for the instruction, enlightenment, entertainment, recreation and welfare of the inhabitants of the city by the broadcast of any matters which are deemed appropriate and necessary for the public interest and advantage and to connect such facilities with any broadcasting station to unite in the broadcasting of such matters and activities;

   (b) Gas and electricity: to have charge and control of furnishing the city or any part thereof, by contract or otherwise, with gas, electricity, steam, hot water or other energy source, except such functions as are exercised by the public utility service of the city.

Section 826.

Section 826. Data processing services.

The commissioner shall provide data processing support, programming, and computer systems analysis services for city agencies when necessary or desirable, in accordance with executive orders promulgated by the mayor.

Section 827.

Section 827. Automotive services.

The commissioner shall acquire by purchase, lease or otherwise, vehicles and other automotive equipment for the use of city agencies; manage, maintain, store and operate a fleet of motor vehicles; assign fleets to agencies in accordance with the direction of the mayor and ensure the effective operation of all shops, yards, garages, fuel depots and other facilities required for the maintenance of fleets operated by agencies; and ensure the maintenance of records for all city-owned vehicles.

Section 828.

Section 828. Right of entry.

The commissioner, officers and employees of the department may, in accordance with law, enter upon public or private property for the purpose of making surveys, borings or other investigations necessary for the exercise of the powers or the performance of the duties of the commissioner and the department. Refusal to permit such entry shall be a misdemeanor punishable by not more than thirty days’ imprisonment or by a fine of not more than fifty dollars, or both.

Section 829.

Section 829. Performing administrative functions for the office of administrative trials and hearings and the board of standards and appeals.

The mayor may designate the department to perform specified administrative functions for the office of administrative trials and hearings and the board of standards and appeal when the mayor determines that such a designation will reduce costs or result in more effective performance of such functions. Such functions may include personnel services, labor relations, facilities management, purchasing, management information systems, budget administration, and internal auditing.