Chapter 51: Transitory Provisions

Section 1140.

Section 1140. Relation of this charter to existing law.

It is the purpose and intent of this charter to set forth the structure of the city government and the manner in which it is to operate, in accordance with the provisions of chapter six hundred thirty-four of the laws of nineteen hundred seventy-two, as amended, and to continue in force all provisions of the New York City Charter adopted on November seventh, nineteen hundred sixty-one, as amended, and all other provisions of law affecting the city and the counties within the city, not inconsistent with the provisions of this charter, in force at the time when this charter shall take effect, until repealed or amended or until continued in the revision, simplification, consolidation, codification, restatement and annotation of the administrative code of the City of New York.

Section 1141.

Section 1141. Rights of officers and employees preserved.

Nothing in this charter contained shall affect or impair the rights or privileges of officers or employees of the city or of any agency existing at the time when this charter shall take effect, or any provision of law in force at the time when this charter shall take effect and not inconsistent with the provisions of this charter, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights or any other rights or privileges of officers or employees of the city generally or officers or employees of any agency.

Section 1142.

Section 1142. Continuity of powers and duties.

Any agency or officer to whom are assigned by this charter any powers and duties shall exercise such powers and duties in continuation of their exercise by the agency or officer by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter commenced by the agency or officer by which such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to the subject-matter of such powers or duties and applicable to the agency or officer formerly exercising such powers and duties shall, so far as not inconsistent with the provisions of this charter, apply to the agency or officer to which such powers and duties are assigned by this charter.

Section 1143.

Section 1143. Transfer of officers and employees in case of transfer of functions.

Wherever by any provision of this charter functions, powers or duties are assigned to any agency or officer which have been heretofore exercised by any other agency or officer, all officers and employees in the classified municipal civil service who at the time when such charter provisions shall take effect are engaged in the performance of such functions, powers or duties shall be transferred to the agency to which such functions, powers or duties are assigned by this charter, without examination and without affecting existing compensation or pension or retirement rights, privileges or obligations of such officers and employees.

Section 1144.

Section 1144. Transfer of records and property.

All records, property and equipment whatsoever of any agency or part thereof, all the powers and duties of which are assigned to any other agency by this charter, shall be transferred and delivered to the agency to which such powers and duties as so assigned. If part of the powers and duties of any agency or part thereof are by this charter assigned to another agency, all records, property and equipment relating thereto shall be transferred and delivered to the agency to which such powers and duties are so assigned.

Section 1145.

Section 1145. Continuity of agencies.

1. Any agency provided for in this charter with a name the same or substantially the same as that of an agency heretofore existing shall be deemed to be a continuation of such agency heretofore existing and shall exercise its powers and duties in continuation of their exercise by the agency by which the same were heretofore exercised and shall have power to continue any business, proceeding or other matter commenced by the agency by which such powers and duties were heretofore exercised. Any provision in any law, rule, regulation, contract, grant or other document relating to such formerly existing agency shall, so far as not inconsistent with the provisions of this charter, apply to such agency provided for by this charter.
2. The commissioner of finance shall have and exercise all the functions, powers and duties exercised by the treasurer and all the functions, powers and duties exercised by the comptroller in respect of excise and non-property taxes prior to the first day of January, nineteen hundred sixty-three.
3. The commissioner of finance shall have and exercise all the functions, powers and duties exercised by the tax department prior to the first day of January, nineteen hundred sixty-three other than the function, power and duty to hear and determine applications for the correction of assessments on real property and for the exemption of such property from taxation.

Section 1146.

Section 1146. Pending actions and proceedings.

No action or proceeding, civil or criminal, pending at the time when this charter shall take effect, brought by or against the city or any agency or officer, shall be affected or abated by the adoption of this charter or by anything therein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency or officer party thereto may by this charter be assigned or transferred to another agency or officer, but in that event the same may be prosecuted or defended by the head of the agency to which such functions, powers and duties have been assigned or transferred by this charter.

Section 1147.

Section 1147. Existing rights and remedies preserved.

No existing right or remedy of any character shall be lost or impaired or affected by reason of the adoption of this charter.