Provides for independent personnel review boards for the New York city transit authority and the triborough bridge and tunnel authority

BILL NUMBER:S7211

Title of bill

An act to amend the public authorities law, in relation to providing for independent personnel review boards for the New York city transit authority and the triborough bridge and tunnel authority

Summary of provisions

This bill would establish "the New York city transit authority and triborough bridge and tunnel authority civil service reorganization act" by amending provisions of the Public Authorities Law ("PAL") that affect the New York City Transit Authority ("NYCTA") and the Triborough Bridge and Tunnel Authority ("TBTA") with respect to these agencies' personnel administration.

New York City's personnel agency has long been the municipal civil service commission that has provided the administrative support for the appointment, promotion, testing and related personnel functions of these entities. This bill would authorize the two entities to establish their own, independent civil service bodies that would assume such responsibilities.

The bill would also establish a process by which the authorities and their respective personnel review boards would seek approval from the State Civil Service Commission of plans they would be required to develop to reduce the number of provisional employees in their agencies.

Reasons for support

Under the New York City Charter, the Commissioner of DCAS (and its predecessor agency, the Department of Personnel) has served as the municipal civil service commission for the City of New York.

Additionally, legislation enacted over time that created certain other non-City governmental entities also directed the City's personnel agency to serve as the municipal commission for these entities. As a result, DCAS currently administers the provisions of the State Civil Service Law for upwards of 230,000 employees, far more than any other civil service commission in New York State, including the State itself.

With respect to some of these other non-City agencies, the relationship between the City and the entity is based on appropriate administrative policies and raises no particular issue or concerns. For example, the New York City Housing Authority ("NYCHA"), a non-City entity created by the New York State Public Housing Law, falls under DCAS's jurisdiction as municipal commission, but its leadership the Authority's Members and Chair - is appointed by the Mayor of the City of New York.

Additionally, with approximately 12,000 employees, NYCHA adds relatively little strain on the resources of DCAS.

With respect to the NYCTA and the TBTA, however, there is less of an obvious organizational nexus between them and the City. The authorities are constituent entities of the Metropolitan Transportation Authority, an authority over which the Mayor of the City of New York has no direct jurisdiction.

The Mayor's Office of Labor Relations plays no role in negotiating collective bargaining agreements for a majority of their positions. The New York City Office of Payroll. Administration does not administer their payroll. Moreover, with a combined workforce of over 40,000 employees, these authorities are among the largest public employers in the State, providing ample justification for their independence. It is worth noting that were these two large entities to independently administer their own personnel policies and procedures, the goal of this bill, DCAS would still remain the municipal commission with the largest number of employees under its jurisdiction.

Fiscal impact

None.

Effective date

This act shall take effect on the ninetieth day, with provisions.