Title 55: Department of Citywide Administrative Services

Chapter 1: Conduct Within Structures and Grounds Under the Control of the Division of Facilities Management and Construction Services

§ 1-01 Scope and Enforcement.

These Rules and Regulations shall:

  1. Apply to all property under the control of the Division of Facilities Management and Construction Services.
  2. Be in addition to and supplement applicable City, State and Federal laws and regulations.
  3. Be enforced by the Division of Facilities Management and Construction Services and by each occupant agency.

§ 1-02 Definitions.

The following words and phrases as used in these Rules and Regulations shall have the following meaning:

Authorized individual. An “authorized individual” is any police officer, peace officer, special patrolman, city official or any individual designated by the Deputy Commissioner of the Division of Facilities Management and Construction Services or the head of an occupant agency to exercise authority in the management, operation and utilization of property.

Deputy Commissioner. The “Deputy Commissioner” is the Deputy Commissioner of the Division of Facilities Management and Construction Services.

Occupant agency. An “occupant agency” is any agency of the City of New York which occupies or possesses any part of property under the control of the Division of Facilities Management and Construction Services.

Property. “Property” is any real estate which is owned, leased or operated by the City of New York or any agency thereof, which is under the control of the Division of Facilities Management and Construction Services.

§ 1-03 Operating Hours; Emergencies; Packages.

(a) Except as otherwise ordered, property shall be closed to the public after normal working hours.
  1. Property may be closed to the public during emergencies and at such other times as may be necessary for the conduct of business.
  2. Anyone admitted on the property may be required to show identification and to sign a register.
  3. Persons carrying packages, briefcases and other types of containers shall be required to open them for inspection when so requested by an authorized individual as a condition of entering or leaving the property.

§ 1-04 Preservation of Property.

While on or about the property, no person shall:

  1. Dump, litter or throw any refuse, dirt or rubbish.
  2. Abandon a vehicle.
  3. Throw or project a stone or other missile.
  4. Climb upon the roof of any building or enter any area which is posted as being closed to the public.
  5. Destroy or damage any structure or remove any part thereof.
  6. Destroy, damage or remove any property found on or within any structure.
  7. Interfere with the operation of any utility system servicing the property.
  8. Injure, mutilate, deface, alter, change, displace, remove or destroy any posted sign or notice.

§ 1-05 Conformity with Signs and Official Directions.

Persons on or about the property shall comply with official signs and obey directions given by authorized individuals.

§ 1-06 Gambling.

With the exception of those activities conducted by the Off-Track Betting Corporation, the operation of, or participation in, unauthorized lotteries, pools or games for money or something of value on or about the property is prohibited.

§ 1-07 Alcoholic Beverages, Drugs and Similar Substances.

(a) No person may enter upon property while his ability to function has been impaired by alcohol, drugs or any other substance.
  1. No person shall bring upon or use while on the property any substance capable of impairing normal human functioning.
  2. The above prohibition shall not apply to drugs prescribed by a physician or when permission has been obtained either from the Deputy Commissioner or head of the occupant agency.

§ 1-08 Soliciting, Vending and Debt Collection.

The soliciting of alms, subscriptions, contributions, commercial soliciting and vending of all kinds without the prior written approval of the Commissioner or his/her designee, and the collecting of private debts in or on the property is prohibited. This rule shall not apply to national and local drives for funds for charitable, educational or other such purposes sponsored or approved by the Commissioner or his/her designee, head of an occupant agency or elected city officials. Any person who violates this rule in any public building may be expelled from such building. Repeated violations of this rule may result in the violator being banned from the premises. Any person may appeal such ban in writing to the Commissioner.

§ 1-09 Handbills.

(a) No person shall distribute any material such as pamphlets, handbills and flyers on the property unless the prior written approval of the Deputy Commissioner or head of the occupant agency has been obtained.
  1. No person shall place or cause to be placed upon or affixed to the property any words, characters, illustrations or devices as a notice of, or reference to any matter or event. This prohibition shall not apply to personal notices posted by employees on authorized bulletin boards, or when the prior written approval of the Deputy Commissioner has been obtained.
  2. The foregoing prohibitions shall not apply to notices or other materials posted or distributed pursuant to provisions made or contained in collective bargaining agreements.

§ 1-10 Animals.

Unless otherwise authorized, no person shall bring any animal, except properly harnessed seeing-eye dogs, onto the property.

§ 1-11 Vehicular Traffic.

(a) A person driving a vehicle upon the property shall operate it in a safe manner and comply with posted traffic signs and directions given by authorized individuals.
  1. A person driving a vehicle upon the property shall not:

   (1) Park without a permit.

   (2) Park in any area reserved for city vehicles or authorized individuals.

   (3) Block entrances, driveways, walks, ramps, platforms or hydrants.

§ 1-12 Weapons and Explosives.

Unless otherwise ordered by law or regulation, no person shall carry any gun, firearm, explosives or deadly or dangerous weapon upon the property.

§ 1-13 Disturbances.

Any disorderly conduct or conduct on the property which creates loud and unusual noise or which obstructs the usual use of entrances, foyers, corridors, offices, elevators, stairways and parking lots or which otherwise tends to impede or disturb the public employees in the performance of their duties, or which impedes or disturbs the general public from obtaining the administrative services provided on the property, is prohibited.

§ 1-14 Photographs.

(a) Except for those holding permits from the Executive Director of the Office of Economic Development and members of the press who hold working press identification cards, no person shall take photographs or moving pictures within any structure located on the property.
  1. Courtrooms. The taking of photographs in a courtroom or the broadcasting or telecasting from a courtroom at any time or on any occasion is prohibited except where prior written permission has been obtained from the presiding justice of the Appellate Division of the Department wherein the courthouse is situated.

Chapter 3: Fees

§ 3-01 Fees.

(a) The fees charged by the Division of Real Property fall into the following categories:

   (I) Lease application fee charged for the processing of lease applications.

   (II) Title closing mortgage fees for preparation and processing of various documents used in connection with the auctioning and sale of real property by DRP.

   (III) Test boring license fees.

   (IV) Carnarsie cemetery fees for a certificate of burial right, perpetual care, annual care, foundation charges, interment and other services.

   (V) Redemption of properties taken In Rem – management Fees.

  1. The fee schedule below lists each of these categories separately. All fees, unless otherwise specifically provided, shall be paid by certified cashier’s check or postal order payable to the order of the Division of Real Property.

   Category I – Lease application fee – $25

   Category II – Title closings & mortgage fees for non-residential properties sold by City

Duplicate document (e.g. mortgage, deed) $250
Preparation of purchase Money mortgage and mortgage note Mortgage amount  
  Up to $40,000 $125
  $40,001-$100,000 $250
  Over $100,000 $500
Preparation of other purchase money Mortgage related documents (assignments, satisfactions, subordinations and assumptions of the purchase money mortgage) $150/per document
Attendance of DRP employees at locations other than DRP office of execute transactions $250 for each day or part thereof for each employee
Nonrefundable mortgage application fee 1% of maximum mortgage available, but not less than $300, nor more than $5,000
Auctioneer’s fee due from purchaser at the auction and payable by check drawn to order of auctioneer identified at time of sale,  
  Purchase Price Fee
  $1,000 or less $10
  $1,001 to $5,000 $25
  $5,001 to $7,500 $35
  $7,501 to $25,000 $50
  $25,001 to $50,000 $75
  $50,001 to $75,000 $100
  $75,001 to $100,000 $150
  $100,001 to $200,000 $200
  Above $200,000 .1% of the purchase price, but in no event greater than $500
Assignment of purchaser’s right Under memorandum of sale $150.00
Assignment of contract within 7 days of sale $0
  Between 8 and 14 days from sale $100.00
  After 14 days from sale Not Allowed
  Category III – Test Boring License fee  
  Public and Quasi Public Agencies $1.00
  All Other Applicants $350.00
  Category IV – Carnarsie Cemetery  

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Schedule of PricesCertificate of Burial Right

A certificate of burial right grants the privilege of interment or entombment in a specified grave or plot. Each grave measures 3 feet by 9 feet. Two interments may be in each grave in the traditional area and three in each grave in the park area. Each plot in the urn gardens measures 2 feet by 2 feet and permits the interment of several urns. Prices of certificates of burial rights are as follows:

Traditional Area $1,995.00
Park Area $1,995.00
Urn Gardens $300.00

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Perpetual care. The purchase price of all certificates of burial right includes perpetual care. Plot holders having certificates of burial right purchased prior to January 20, 1949 may provide perpetual care for their plots upon payment of $650 per grave.  
Annual care. All plot holders without perpetual care shall pay an annual care charge of $50.00 per grave, payable each year in advance.  
Foundation charges.  
  Minimum foundation: 30”across by 12”wide by 3’ deep $295.00
  Every additional cubic foot or part thereof $30.00
Interment and other fees.  
  Interment $625.00
  Cremated remains $300.00
  Disinterment and/or openings $625.00
  Removal of remains (one grave to another) $1,250.00
  Use of chapel, per day $225.00
  Use of receiving vault per day $120.00
  Transfer of certificate of burial right [Fee inclusive of one (1) Affidavit Fee and one (1) Probe Fee for each grave] $80.00
  Affidavit Fee $40.00
  Probe(s) each $40.00
Late charges and penalties. Arrearages in annual care charges may be assessed a late payment charge equal to 20% of the balance in arrears, except that late payment charges assessed subsequent to December 31, 1991, shall be excluded from the balance upon which late charges are assessed. Persons issuing checks returned as uncollectible shall be charged a penalty of $15.00 per check.  

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Category V – Redemption of properties taken In Rem – Management fees

   (i) Seven (7%) percent of all rents billed during the period of management by the City (from the date vesting through the date of release); or Twenty-Five ($25.00) Dollars per month, or fraction thereof, during the period of management by the City; whichever is greater.

   (ii) Vacant property, deriving no income, is to be charged the minimum fee of Twenty-Five ($25.00) Dollars per month, or fraction thereof, during the period of management by the City.

Note: The Twenty-Five ($25.00) Dollar fee is to be applied to each lot within the “property”only if the lots are not contiguous.

Chapter 5: Disposition of Personal Property

§ 5-01 Disposition of Personal Property of the City.

(a)  Personal property may be disposed of by the Division of Municipal Supplies by public or private sale or as otherwise authorized by law or regulation.

   (1) The prior approval of the Comptroller is not required on a sale of personal property where such sale is to the highest responsible bidder at public auction or after receipt of sealed bids after advertisement in at least ten successive issues of The City Record. A bidder may be disqualified in accordance with applicable laws and regulations.

   (2) If the estimated sales value of the personal property is $5,000 or less, the Division of Municipal Supply Services may make requests for offers, if possible, to at least three persons, firms or corporations separately engaged in the regular business of selling and buying materials of the class offered. All bids from other bidders shall be duly considered in making an award. Award of such informal sale, if any, must be made to the highest responsible bidder. However, no such award shall be valid without the prior approval of the comptroller. The total amount of such informal sales of the same class of materials shall not exceed $5,000 within a thirty-day period. The classification of materials of “the same class” shall be as determined by the commissioner and approved by the comptroller. Such classification shall be filed in the Division of Municipal Supply Services and the Office of the Comptroller and shall be effective upon publication in the City Record.

   (3) When no bid or acceptable bid is received on an advertised sale, the Commissioner may waive the advertising requirements in an informal re-bid. Such sale on an informal re-bid shall be made only with the approval of the Comptroller. The Commissioner shall issue a certificate in writing that no acceptable bid was received when the proposal was originally advertised. Such certificate shall be filed in the Division of Municipal Supplies and with the Comptroller.

   (4) Personal property may be given to a vendor in part payment on a contract at public letting to furnish new personal property at the lowest net price.

   (5) Personal property may be sold at private sale without public notice, at no less than the value fixed by the Division of Municipal Supplies subject to the approval of the Comptroller.

   (6) Personal property may be transferred between the various City agencies by order of the Commissioner.

   (7) All materials, supplies and equipment which the Commissioner considers of no sale value or use to the City may be destroyed or otherwise disposed of in the most advantageous manner under the direction of the Commissioner. This provision shall not apply to public records until their destruction or other disposition has been duly authorized in accordance with applicable law or regulation.

   (8) Notwithstanding any of the foregoing, property classified by the commissioner as “memorabilia” may be disposed of in the best interests of the city by public, private, wholesale or retail sale under the direction of the commissioner without the prior approval of the comptroller. “Memorabilia” is defined as surplus or obsolete personal property, excluding aircraft, watercraft and land vehicles, not exceeding an estimated per-unit sale value of $5,000, which by reason of its use by the city has historic, aesthetic, novelty or sentimental value in excess of the property’s salvage value. In addition to a wholesale or retail price not exceeding an estimated per-unit sale value of $5,000, the commissioner is authorized to negotiate in the best interests of the city to obtain additional income from the disposition of “memorabilia”.

   (9) Notwithstanding any of the foregoing, property classified as a “product” by the commissioner, in conjunction with the commissioner or head of another agency or office, may be disposed of, as the commissioner deems appropriate, by that individual agency. “Product” is defined as property resulting from the processing, manufacture, or operations of an agency or its agent. “Agent” is defined as an individual or entity that is authorized to act for the agency by contract or other apparent authority. That individual agency must dispose of that property in the best interests of the city by public, private, wholesale or retail sale at a unit price to be determined by the respective agency’s commissioner or his/her designee, and under the direction of said commissioner or his/her designee. If disposal by private sale is deemed appropriate, and the estimated per sale value is less than or equal to $10,000, the sale may proceed without the prior approval of the comptroller. In determining the unit price to be charged for the product, the respective agency must factor in the cost of producing each product. The agency must also factor in the fair market wholesale and retail rates currently being charged by a minimum of three entities that are marketing the same or similar products for wholesale or retail sale in the local region.

Chapter 6: ‘Original Equipment Manufacturer Agreements’ For Purposes of the City’s Anti-Apartheid Law

§ 6-01 Definitions.

For purposes of the City’s anti-apartheid rider, included in City contracts pursuant to Administrative Code § 6-115 whenever the contractor has agreed to sign the rider, a company shall be deemed to be providing goods or services to South Africa pursuant to an “original equipment manufacturer agreement which provides for or authorizes the sale of equipment, alone or as part of a finished product, to a South African entity” in accordance with the following definitions:

  1. “Company #1” includes the company which seeks to enter a contract with a City agency, and is determining whether it is qualified to sign the City’s anti-apartheid rider, and all “affiliates” of that company, as that term is defined in Administrative Code § 6-115(a)(8).
  2. “Sale” includes lease or rental of equipment.
  3. An “original equipment manufacturer agreement” (“O.E.M. agreement”) is an agreement between a manufacturer (Company #1) and another manufacturer, a distributor, or a value-added reseller (Company #2), such that Company #1 provides products (which may include parts, components and/or subassemblies) and authorizes the sale of such products by Company #2 under any of the following circumstances:

   (1) Company #1 makes a sale of its equipment to Company #2, which, with or without making minor modifications to the equipment, privately labels and sells it. An example would be an O.E.M. agreement whereby Company #2 purchases a copier from Company #1, and resells it as a copier under its own brand name, with or without having first made minor modifications to the copier’s packaging.

   (2) Company #1 makes a sale of its equipment to Company #2, which provides substantial added value to Company #1’s product before selling it. Company #2’s added value may be major application software and/or special hardware integrated into the product. Examples include:

      (i) an O.E.M. agreement whereby Company #2 adds banking application software to Company #1’s personal computer, marketing the resulting product as a banking teller station under Company #2’s brand name.

      (ii) an O.E.M. agreement whereby Company #2 embeds a subassembly purchased from Company #1, such as a disk drive or a telecommunications multiplexor, into Company #2’s computer system, and then sells that computer system under its own brand name.

      (iii) Company #1 makes a sale to Company #2, which resells Company #1’s product with Company #1’s name still intact on the product. An example would be an O.E.M. agreement whereby Company #2 sells Company #1’s word processor and licensed software as an authorized dealer (exclusive or non-exclusive) of Company #1.

  1. An O.E.M. agreement for equipment sold by a manufacturer of computers, copiers or telecommunications equipment is considered to “provide for or authorize the sale of such equipment, alone or as part of a finished product, to a South African entity” if any of the following conditions is met:

   (1) The O.E.M. agreement states that Company #2 may sell equipment made by Company #1 (with or without modification by Company #2) in South Africa.

   (2) The equipment covered by the agreement (as sold by Company #1 or after modification by Company #2, if any is made) falls under one of the designated classifications government by the Export Administration Act of 1979 and the associated federal regulations for Electronics and Precision Instruments (15 C.F.R. § 799.1, Supp. 1, Group 5), such that Company #1 knows of the resale or distribution of the equipment to South Africa by Company #2 and assists Company #2 in procuring required governmental authorizations for such resale or distribution.

   (3) Company #1 has actual knowledge of resale or distribution of the equipment to South Africa by Company #2 and has not either terminated its contractual arrangement with Company #2 concerning such equipment or otherwise prohibited Company #2 from making further resale or distribution of Company #1’s equipment to South Africa.

Chapter 7: Canarsie Cemetery Rules and Regulations

§ 7-01 Definitions.

Annual Care. The term “Annual Care” means care provided by the cemetery on a year-by-year basis upon payment of an annual fee by or on behalf of a Plot Holder.

Burial Grounds. The term “Burial Grounds” means any burial ground which formerly was the public property of any town, village or city consolidated into and now a part of the City of New York.

Burial Right. The term “Burial Right” means only the privilege of interment or entombment in the cemetery. It does not convey an ownership of land or other interest in the grave, or plot to which it refers.

Care. The term “Care” means the cutting of the grass on plots at reasonable intervals, the raking and cleaning of the plots and the maintaining of the grade and turf of the plots; meaning and intending the general preservation of the plots to the end that said plots shall remain and be reasonably cared for as cemetery plots. The term “Care” shall in no case be construed to mean the maintenance, repair or replacement of any gravestones or monumental structures or flowers or ornamental plants; nor the maintenance or doing of any special or unusual work in the cemetery; nor does it mean the reconstruction of any marble, granite, bronze or concrete work on any section or plot, or any portion or portions thereof in the cemetery or buildings, or structures, caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or by order of the military authorities, whether the damage be direct or collateral, other than as herein provided.

Cemetery. The term “Cemetery” means the Canarsie Cemetery (Block 8038, Lot 1; Block 8038, Lot 10; Block 8039, Lot 1; Block 8041, Lot 1; and Block 8041, Lot 2: Borough of Brooklyn), a former town Burial Ground within the meaning of § 100.01 of these Rules and Regulations.

Certificate of Burial Right. The term “Certificate of Burial Right” means a document granting only the privilege of interment and entombment as defined above and not to be construed as a deed to the land itself.

Commissioner. The term “Commissioner” means the Deputy Commissioner of the Department of Citywide Administrative Services, Division of Real Estate Services, or authorized representative designated in writing by the Commissioner or his/her successor in office.

Domestic Partner. The term “Domestic Partner” means a person who has registered a domestic partnership in accordance with applicable law with the City Clerk, or has registered such a partnership with the former City Department of Personnel pursuant to Executive Order 123 during the period August 7, 1989 through January 7, 1993. (The records of domestic partnerships registered at the former City Department of Personnel are to be transferred to the City Clerk.)

Grave. The term “Grave” means a space of ground (approximately three feet by nine feet) in the Cemetery used or intended to be used for the burial of human remains.

Interment. The term “Interment” means the permanent disposition of the remains of a deceased person by entombment or burial.

Memorial. The term “Memorial” means a monument, marker, tombstone, tablet, headstone or private mausoleum or tomb for family or individual use.

Park Area. The term “Park Area” means a landscaped area and includes Sections 3, 4, 5, 11 and 12 of the cemetery.

Perpetual Care. The term “Perpetual Care” means care provided by the cemetery forever upon payment of a one-time fee by or on behalf of a plot holder.

Plot. The term “Plot” means a lot, plot, plat or part thereof or a grave in the Cemetery.

Plot Holder. The term “Plot Holder” means any person having a burial right in a plot in the cemetery.

Traditional Area. The term “Traditional Area” means Sections A, B, C, 1, 6, 7, 8, 9, 10 and 14 of the Cemetery.

Urn Gardens. The term “Urn Gardens” means that portion of the cemetery set aside for the burial of cremated remains.

Visitor. The term “Visitor” means any person who may enter the former town burial grounds or cemetery grounds and includes plot holders and workers of all kinds.

§ 7-02 Purchase of Burial Rights.

(a) All persons wishing to purchase burial rights in the cemetery must execute applications provided for that purpose.
  1. The Commissioner reserves the right to refuse to accept any application form which is either incomplete or improperly executed. The Commissioner further reserves the right not to honor an application when it is learned that the application has been fraudulently completed or if information found therein is found to be incorrect. The Commissioner reserves the right to limit the number of burial rights purchased by any individual, association or corporation.
  2. Acceptance of payment along with the application should not be deemed an automatic granting of Burial Rights. Burial rights do not vest until a fully executed certificate of burial right is issued to the applicant.
  3. The purchase after January 19, 1949 of burial rights includes perpetual care.
  4. It shall be the obligation of the plot holder to notify the cemetery of any change in his/her post office address. Notice sent to a plot holder by ordinary mail at the last address of record at the cemetery shall be considered sufficient and proper notification.

§ 7-03 Interments.

(a) Interment privileges can be received only from the plot holders, and no persons can be recognized as plot holders unless their names appear as such upon the records of the cemetery.
  1. The Commissioner reserves the right to refuse Interments in any Plot and to refuse to open any burial space for any purpose, except by court order or on written application by the plot holder or by the person designated to represent the plot holder.
  2. All Interments, disinterments or removals, including all openings and closings of Graves shall be made only by cemetery personnel.
  3. All funerals, upon entering the cemetery grounds shall be under the charge of the superintendent and/or his/her assistant.
  4. Once a casket containing a body is within the confines of the cemetery grounds, no funeral director or his/her embalmer, assistant, employee or agent shall be permitted to open the casket or touch the body without the consent of a legal representative of the deceased, or without an order of a court of competent jurisdiction.
  5. The right is reserved by the Commissioner to insist upon at least 48 hours notice prior to any interment, and to at least one week’s notice prior to any disinterment or removal.
  6. When instructions regarding the location of an interment space in a plot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened when specified, the superintendent of the cemetery may, in his/her discretion, open it in such a location in the plot as he/she deems best and proper, so as not to delay the funeral; and the cemetery shall not be liable in damages for such action or for any error so made; nor shall the cemetery be held responsible for any order given over the telephone, or for any mistake occurring from the lack of precise and proper instructions as to the particular plot space, size and location where interment is desired.
  7. The cemetery shall in no way be liable for any delay in the interment of a body where a protest to the interment has been made, or where the Rules and Regulations have not been complied with; and, further, the superintendent of the cemetery reserves the right, under such circumstances, to place the body in a City receiving vault until the full rights have been determined. The cemetery shall be under no duty to recognize any protests of Interments unless they are in writing and duly filed with the cemetery.
  8. The cemetery shall not be liable for the interment permit nor for the identity of the person sought to be interred; nor shall the cemetery be liable in any way for the embalming of the body.
  9. Where a plot is owned by a church, lodge or other society, interments shall be limited to those actually authorized by such church, lodge, etc.
  10. No interment shall be permitted in any plot so long as there are any outstanding charges due the cemetery with respect to that plot or any other plot head by the plot holder.
  11. There shall be no interments on weekends and legal holidays.
  12. No interments shall be begun after 3:30 p.m.
  13. No more than two interments shall be permitted in each grave in the traditional area and no more than three interments shall be permitted in each grave in the park area.
  14. No disinterment or removal shall be allowed except for a good reason and with the written permission of the Commissioner, the written authorization of the plot holder and nearest of kin, and all permits required by law.
  15. The cemetery shall exercise the utmost care in making a removal, but it shall assume no liability for damage to any casket, burial case or urn incurred in making the removal.
  16. The cemetery reserves the right to correct any errors that may be made by it either in making disinterments or removals, or in the description, transfer or sale and substituting and selling in lieu thereof another burial right of equal value and similar location as far as possible, or as may be selected by the cemetery, or in the sole discretion of the cemetery, in allowing for a request to the Comptroller of the City of New York for a refund of the money paid on account of said Burial Right purchase. The cemetery shall also have the right to correct any error made by placing an improper inscription, including an incorrect name or date on any memorial. The cemetery shall not be liable in damages for any such errors.
  17. The cemetery shall not be deemed in default nor shall it be liable for any failure of performance event or any damages resulting from an “unavoidable delay.” An “unavoidable delay” shall mean (1) strikes, lockouts, or labor disputes; (2) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental actions, civil commotion, insurrection, revolution, sabotage or fire or other casualty or other conditions similar to those enumerated in this section.

§ 7-04 Plot Usage and Maintenance.

(a) All plots shall be used as a place of burial for the dead or the remains of deceased persons and for no other purpose whatever.
  1. All grading, landscaping work and improvements of any kind shall be under the direction of and subject to the consent, satisfaction and approval of the Commissioner.
  2. Cemetery personnel may at any time enter upon a plot to keep it neat, to cut grass and to remove weeds, wilted flowers and debris, but nothing herein contained shall obligate the cemetery to render any such service without compensation therefor.
  3. Floral frames, when removed from a plot, unless specific instructions are given to the contrary by those lawfully entitled to them may be disposed of by the cemetery superintendent in any manner he/she sees fit.
  4. No plants, trees, shrubs or grave coverings, or other decorations may be introduced into any plot without the written consent of the Commissioner, and no plants, trees, shrubs or other covering growing within a plot or border shall be cut down or destroyed without the consent of the Commissioner.
  5. Mounds and shrubs are prohibited in the park area and in section 2 of the cemetery.
  6. Artificial flowers and plants are prohibited.
  7. In the event annual care charges have not been paid for five successive years, any empty graves or plots for which these charges remain unpaid shall be deemed abandoned, all rights therein shall be deemed terminated, and burial rights therein may be granted by the cemetery to others.

§ 7-05 Memorials.

(a) No memorial shall be placed on any plot except by the plot holder or his/her authorized representative.
  1. Designs, plans and specifications for proposed memorials, or other improvements must be submitted on written application, signed by the plot holder. Written approval of the Commissioner is required before work can be begun. The foundation work is to be done at the expense of the plot holder or his/her representatives, heirs or assignees. Foundations shall be of concrete.
  2. Memorial dealers shall abide by these Rules and Regulations. Violations of any such Rule or Regulation by any producer or retail dealer may be cause for disapproval by the Commissioner of such producer or retailer.
  3. All memorials are to be constructed of natural stone. No artificial stone of any description is permitted.
  4. Should any memorial become unsightly, dilapidated or a menace to visitors, the superintendent of the cemetery shall have the right, at the expense of the plot holder, either to correct the condition or to remove the memorial, if after due notice to the plot holder, sent by registered mail, the plot holder fails to take proper steps to remedy the conditions, within a reasonable time, not exceeding thirty days.
  5. Enclosures, fences, copings, benches and vases are not permitted unless approved by the Commissioner.
  6. While a funeral or interment is being conducted, all work of any description which is near enough to disturb, either by noise or otherwise, shall cease. No work will be permitted on Saturdays, Sundays or legal holidays. All deliveries shall be made at the cemetery prior to 4:00 p.m. on weekdays.
  7. No memorials are allowed in the park area and urn gardens, except for markers flush with the ground.
  8. Memorials in section 2 of the cemetery are limited to two feet wide, by two feet high, by one foot thick.
  9. No memorial or foundation shall be constructed on any plot so long as there are any outstanding charges due the cemetery with respect to that plot or any other plot held by the plot holder.

§ 7-06 Mausoleum.

(a) No mausoleum shall be constructed without prior written approval of the Commissioner. No such approval shall be granted until satisfactory design plans and construction contracts have been submitted to the Commissioner.
  1. The plot holder shall make, at his/her own expense, a survey; provide and pay for his/her own contractor to excavate and construct the mausoleum foundation; and have his/her contractor provide the cemetery with a guarantee that only first grade materials will be used; that it will be executed in first grade workmanship; and should fault develop within five years due to setting, treatment or handling, the required repairs or replacements will be made by the contractor without cost to the cemetery. Unless such guarantee in writing is furnished the Commissioner, approval for construction of a mausoleum cannot be had. Foundations must be at least six feet below grade.
  2. The plot holder must provide for perpetual care and maintenance of a mausoleum by payment to the cemetery of fifteen percent of the total cost of the structure within thirty days of completion of construction.
  3. Only substantially non-corrosive metals of approved permanency shall be permitted for mausoleum or memorial fixtures, such as doors, window grilles, statutary, etc.
  4. Care and maintenance of mausoleums shall include cleaning the interiors and stained glass; cleaning and oiling bronze work unless otherwise requested; repainting and cleaning the exterior stone where and when necessary; and repairing damage caused by wear and tear.
  5. In the event the mausoleum, due to any reason, is badly damaged in the opinion of the Commissioner, he/she shall request the Estate of the deceased or the plot holder restore the mausoleum to a condition satisfactory to the Commissioner. If these repairs are not made within a reasonable time, not to exceed sixty days, the Commissioner reserves the right to remove the remaining mausoleum and inter the bodies in the plot over which the mausoleum had been constructed.

§ 7-07 Inheritance of Burial Right.

(a) In the event of the death of the owner of a burial right any and all privileges (rights) of the plot holder shall pass to the plot holder's family as set forth in the following sections.
  1. The surviving spouse or surviving domestic partner of the owner of the certificate of burial right of record has the right to be buried with his/her spouse or domestic partner. This right may be waived at any time but terminates with burial elsewhere.
  2. Where burial privileges in the grave or plot are held in the name of one person only:

   (1) The rights of interment in the plot may be disposed of by specific bequest in a will, subject to the vested right of interment of the surviving spouse, but not by residuary clause. The specific bequest must mention the section, the lot and grave number of the plot.

   (2) If the owner of the certificate of burial right shall have filed notarized instructions at the cemetery office as to which member or members of his/her family shall succeed to the privileges (rights) of the plot, said instructions shall be recognized by the Commissioner and will be followed if in the judgment of the Commissioner such instructions are definite, reasonable and practicable, subject, however, to a vested right of interment of the surviving spouse.

   (3) If no valid or sufficient written instructions shall have been filed with the Commissioner, or if valid and sufficient instructions are in conflict with a later will, and the owner of the certificate of burial right has left instructions in said will, duly admitted to probate in a court having jurisdiction thereof, subject, however, to a vested right of interment of a surviving spouse, such instructions shall control, provided they are not in conflict with cemetery rules and regulations then in force and providing the Commissioner has been furnished with a certified copy of the same.

   (4) In the absence of valid and sufficient instructions filed with the commissioner by the owner of the certificate of burial right or a duly probated will, the privileges (rights) of interment shall devolve upon those entitled to succeed thereto by the intestate laws of the State of New York keeping in mind the vested right of interment of the surviving spouse or surviving domestic partner.

  1. Where the certificate of burial right is registered with the Commissioner in the name of more than one person the privileges (rights) of the interment follow as above for the deceased co-owners.
  2. When no one included in the classification set forth above is living, burial rights will have terminated.
  3. Any person acquiring the privileges (rights) of a plot holder by inheritance must also accept any and all liabilities associated with the plot, including, in the case of a plot covered by annual care, any arrearages and all future annual care charges.
  4. Notwithstanding the above provisions of this section, it shall be the obligation of the supervising spouse or surviving domestic partner and/or heirs to claim ownership of a burial right upon the death of a plot holder. In the event that the commissioner is not notified in writing of a claim to a burial right within five years of the death of the plot holder, such burial right shall terminate with respect to any empty grave covered by the deceased plot holder’s certificate of burial.
  5. Any person(s) claiming inheritance of a burial right must furnish the Commissioner a copy of the will of the deceased plot holder duly certified by the court in which the will was admitted to probate. In the event that the deceased plot holder left no will, the claimant(s) must furnish to the Commissioner a notarized affidavit from the executor of the decedent’s estate stating that the claimant(s) is (are) the beneficiary(ies) of the burial right or other proof of inheritance satisfactory to the Commissioner in his sole discretion. Additionally, all claims must be documented on the cemetery’s official claim of inheritance of right of burial form.

§ 7-08 Transfer of Burial Right.

(a) No burial right may be sold, transferred, exchanged, or otherwise disposed of without the written consent of the Commissioner on the cemetery's official transfer of right of burial form.
  1. No burial right with respect to a grave in which an interment has been made may be sold, transferred, exchanged, or otherwise disposed of, except to a family member.
  2. If a plot holder wishes to sell, transfer, exchange or otherwise dispose of to a person other than a family member a burial right with respect to an empty grave, the cemetery may, at the option of the Commissioner, repurchase the burial right for the price originally paid by the plot holder, less any outstanding charges due the cemetery by the plot holder.
  3. No burial right may be sold, transferred, exchanged or otherwise disposed of so long as there are any outstanding charges due the cemetery by the plot holder with respect to the burial right in question or any other burial right held by the plot holder.
  4. No sale, transfer, exchange, or other disposition of a burial right in a plot covered by annual care will be permitted unless the transferee purchases a perpetual care contract for the plot.

§ 7-09 Visitors and Others.

(a) All persons disturbing the quiet and good order of the cemetery by noise or other improper conduct will be compelled instantly to leave the grounds. cemetery personnel will exclude from cemetery grounds any persons it deems improper and will disperse any improper assemblages in the cemetery.
  1. The cemetery gates will be open seven days a week from 8:30 a.m. to 4:00 p.m.
  2. No children under the age of 18 will be admitted unless accompanied by an adult.
  3. No truck, cart or business wagon will be allowed to enter the gates, unless on business.
  4. Admittance will not be granted to persons on bicycles.
  5. All persons are strictly forbidden to pluck or carry flowers, either wild or cultivated, out of the cemetery without written permit from the office.
  6. All solicitations of any kind whatever are strictly prohibited on the cemetery grounds.
  7. No money shall be paid to any person in the employ of the cemetery in reward for any personal service or attention.
  8. Motor vehicles shall be admitted only on permit from the cemetery office. The speed limit for vehicles within the cemetery grounds is fifteen miles per hour. Vehicles shall not park or come to a full stop in front of any open grave unless they are in attendance at a funeral.
  9. Dogs brought into the cemetery must be kept on leash.
  10. No firearms or guns of any kind shall be brought into the cemetery except with the express permission of the superintendent.
  11. The superintendent reserves the right to compel any person or persons lawfully upon a plot, to temporarily withdraw from same whenever, in the judgment of the superintendent, their presence would interfere with the orderly conduct of funeral services upon a plot in the near vicinity.
  12. No person or persons, other than cemetery employees, shall be permitted to bring food or refreshments into the cemetery grounds.
  13. All workers while on the cemetery grounds shall be subject to the orders of the superintendent of the cemetery. They shall immediately cease work when he/she so orders them to do so, if, in his/her opinion, the carrying on of the work would interfere with the orderly conduct of a funeral service or an interment.
  14. Except when necessary to cross another plot to reach the plot being visited, all persons within the cemetery grounds shall use only the roads, avenues, walks and paths established and maintained by the cemetery.

§ 7-10 Prices and Fees.

(a) The prices for burial rights and fees for services are listed in 55 RCNY § 3-01.
  1. All payments are to be made by check or money order payable to Canarsie Cemetery and sent to the Division of Real Estate Services, 1 Centre Street, Room 1900, New York, NY 10007.

§ 7-11 Miscellaneous.

(a) The statements or representations of any employee of the cemetery shall not be binding on the cemetery except as such statements or representations coincide with the instrument granting burial right and with this chapter.
  1. This chapter shall apply to any grave, plot, memorial, or mausoleum now in existence or which may hereafter be erected in the cemetery.
  2. In all matters not specifically covered by these Rules and Regulations the Commissioner reserves the right to do anything which in his/her judgment is deemed reasonable under the circumstances and such decision shall be binding upon the plot holder and all parties concerned.

Chapter 8: Contracts For the Purchase of Products Containing Secondary Material and Minimum Secondary Material Content Standards For the Purchase of Establishing Price Preference Eligibility

§ 8-01 Purpose.

New York City’s Recycling Law, which is codified as §§ 16-301 et seq. of the Administrative Code of the City of New York encourages the use of “secondary materials” in the manufacture of products purchased by DMSS for use by various city agencies and departments. A mechanism authorized by the Recycling Law to achieve the goal of purchasing products made from secondary materials is the authority to award a contract pursuant to a “price preference.” Simply stated, the City is given the discretion to determine that the public interest will be served by awarding contracts for the purchase of specified products to other than the lowest responsive and responsible bidder provided that the product contains a mandated “minimum amount of secondary material” and that the price is within the specified percentage of the price bid by the lowest responsive and responsible bidder.

§ 8-02 Definitions.

Aggregate product purchase. “Aggregate product purchase” shall mean a procurement of products by DMSS which consists of a group or groups of products which are related to each other in one of the following ways:

  1. The products are manufactured by a single manufacturer and are purchased in the form of a price list which is a listing of items and their prices;
  2. The products are contained in a published catalog which is offered to DMSS at prices listed in the catalog or at a discount therefrom; or
  3. The products have been combined in a class for award to a single vendor based upon fiscal, operational or pricing advantages.

Commissioner. “Commissioner” shall mean the Commissioner of the Department of Citywide Administrative Services of the City of New York, or his or her designee.

Contract. “Contract” means a procurement by DMSS to purchase goods, the total value of which is in excess of $10,000 (or such other amount as the Procurement Policy Board Rules may hereafter establish as the ceiling below which the procurement is treated as a small purchase).

DMSS. “DMSS” means the Division of Municipal Supply Services of the Department of Citywide Administrative Services.

Minimum amount of secondary material. “Minimum amount of secondary material” means the secondary material content level established by these Rules as the minimum percentage required for a product to potentially qualify for a price preference in accordance with Administrative Code § 16-322.

Post-consumer material. “Post-consumer material” means only those products generated by a business or a consumer which have served their intended end uses, and which have been separated or diverted from solid waste for the purposes of collection, recycling and disposition.

Procurement Policy Board Rules. “Procurement Policy Board Rules” means the regulations originally effective September 1, 1990 governing contracting by city agencies which are promulgated by the Procurement Policy Board of the City of New York as those rules may, from time to time, be amended.

Secondary material. “Secondary material” means any material recovered from or otherwise destined for the waste stream, including but not limited to, post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies, but such term does not include those materials and by-products generated from and commonly reused within an original manufacturing process.

USEPA. “USEPA” means the United States Environmental Protection Agency.

§ 8-03 Minimum Content Standards and Applicability of Price Preference.

(a) Applicability of price preference. In general, on a contract let by DMSS for the purchase of a product, a bidder shall be eligible for the price preference set forth in § 16-322 of the Administrative Code for such product only if such bidder offers to supply such product manufactured with the minimum content of secondary material specified in these Rules.
  1. Minimum content standards incorporated. DMSS shall utilize the minimum content standards for secondary materials contained in the tables in subdivision (g) of this section to determine eligibility for the price preference set forth in § 16-322 of the Administrative Code, provided, however, that, except as provided in subdivision (c) of this section, DMSS shall utilize all minimum content standards for secondary materials subsequently promulgated or amended by either USEPA or the New York State Department of Environmental Conservation (DEC), and if there is a conflict between USEPA and DEC standards, DMSS shall utilize the highest standard that it is permitted to utilize by § 16-322 of the Administrative Code.
  2. Minimum content standards for aggregate product purchases, multi-material products, and metals. Except as provided by § 16-322, notwithstanding any other provision of this section, the minimum content standard for the following products shall be zero:

   (1) any product which DMSS purchases by means of an aggregate product purchase, except where such aggregate product purchase consists solely of products that are substantially manufactured from the same material, and for which the same minimum content standard applies or identical numerical minimum content standards apply;

   (2) any product that is not substantially manufactured from a single material; and

   (3) metal products.

  1. Recycled product purchases. DMSS may restrict bids solely to products composed of specified minimum secondary material content levels. If the minimum secondary material content level specified by DMSS for such a bid is less than the minimum secondary material content standard for such product set forth in these Rules, a bidder may be eligible for a price preference if such bidder offers to provide such product with a level of secondary material content that is equal to or greater than the minimum content standard specified in these Rules.
  2. Market stimulus bids. Except for products for which DMSS is required to utilize a USEPA minimum content standard for secondary materials pursuant to Administrative Code § 16-322, DMSS may stipulate that for a specific bid a price preference shall only be applicable to products which satisfy additional minimum content standards or higher minimum content standards than those set forth in these Rules, provided that DMSS first finds that such additional or higher standards are intended to stimulate the market for secondary materials.
  3. Packaging. Notwithstanding any other provision of this section, this section does not apply to packaging incidental to the product being purchased.
  4. Tables.

Paper and Paper Products1

  1. USEPA Standard
Material Minimum percentage of recovered materials Minimum percentage of postconsumer recovered materials Minimum percentage of waste paper 2
Newsprint 40
High grade bleached printing and writing papers:      
Offset printing 50
Mimeo and duplicator paper 50
Writing (stationary) 50
Office paper (e.g., note pads) 50
Paper for high-speed copiers ( 3 )
Envelopes 50
Form bond including computer paper and carbonless ( 3 )
Book papers 50
Bond papers 50
Ledger 50
Cover stock 50
Cotton fiber papers 25
Tissue products:      
Toilet tissue 20
Paper towels 40
Paper napkins 30
Facial tissue 5
Doilies 40
Industial wipers 0
Unbleached packaging:      
Corrugated boxes 35
Fiber boxes 35
Brown boxes (e.g., bags) 5
Recycled paperboard:      
Recycled paperboard products including folding cartons 80
Pad backing 90

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1.  This table has been taken from 40 C.F.R. § 250.21. All terms in this USEPA standard are as defined in the regulations heretofore adopted by the USEPA, pursuant to 42 U.S.C. § 6901 for paper products. The definitions for such terms are found at 40 C.F.R. § 250.4.

2.  Waste paper is defined in § 250.4 and refers to specified postconsumer and other recovered materials.

3.  [U.S.];EPA found insufficient production of these papers with recycled content to assure adequate competition.

  1. Additional Standards for Paper
Product Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by weight of Post- Consumer Material Content
Paper for High Speed Copiers 50 percent 10 percent
Form bond including computer paper and carbonless 50 percent 10 percent

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  1. Printing Contracts

The price preference is applicable solely to the paper portion of any printing contract. For purposes of establishing the size of the price preference, the paper portion of printing contracts shall be deemed to be 50 percent of the bid price. The minimum content standard for preference eligibility for the paper shall be that established for the type of paper specified in the Request for Bids.

Building Insulation Products 4

Product Percentage by Weight of Secondary Material
Cellulose loose-fill and spray-on 75 percent postconsumer recovered paper
Perlite composite board 23 percent postconsumer recovered paper
Plastic rigid foam, polyisocyanurate/polyurethane:  
Rigid foam 9 percent recovered material
Foam-in place 5 percent recovered material
Glass fiber reinforced 6 percent recovered material
Phenolic rigid foam 5 percent recovered material
Rock wool 50 percent recovered material

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Lubricating Oils 5

For engine lubricating oils, hydraulic fluids, and gear oils, excluding marine and aviation oils, the minimum re-refined oil content shall be not less than 25 percent re-refined oil.

Plastics 6

Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by Weight of Post-Consumer Material Content
50 percent 15 percent

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Note – The minimum content standards are based on the weight of material (not volume) in the insulating core only.

  1. This Table has been taken from 40 C.F.R. § 248.21(a)(4). All terms used in this standard are as defined in the regulations heretofore adopted by the USEPA, pursuant to 42 U.S.C. § 6901 for building insulation products. The definitions for such terms are found at 40 C.F.R. § 248.4.
  2. The source for this standard is found at 40 C.F.R. § 252.21(a)(12). Definitions for same are located at 40 C.F.R. § 252.4.
  3. These standards have been derived from Table 1 located at 6 NYCRR § 368.4(a). The definitions for the terms used in these standards may be found at 6 NYCRR § 368.2.
Glass 6  
Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by Weight of Post-Consumer Material Content
50 percent 35 percent
Rubber 6  
Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by Weight of Post-Consumer Material Content
50 percent 25 percent
Solvents 6  
Minimum Percentage by Weight of Secondary Material Content Minimum Percentage by Weight of Post-Consumer Material Content
75 percent 75 percent

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  1. These standards have been derived from Table 1 located at 6 NYCRR § 368.4(a). The definitions for the terms used in these standards may be found at 6 NYCRR § 368.2.

§ 8-04 Implementation Procedure.

(a) To be eligible for a price preference, bidders must submit with their bids a written certification of the secondary material and post-consumer material content of such product.
  1. In the event that a bidder offers a product which at the time of bid submission is authorized by DEC, pursuant to 6 NYCRR Part 368 et seq.,to use the New York State “Recycled” emblem in connection with the sale of such product in New York State, then such product shall be deemed to meet the standards for minimum secondary material content pursuant to these Rules, and the bidder, in lieu of the certification required by 55 RCNY § 8-04(a) above, may submit with its bid a copy of the DEC letter to the manufacturer authorizing the use of the “Recycled” emblem in connection with the sale of the particular product.

§ 8-05 Miscellaneous.

(a) DMSS' specifications will encourage:

   (1) the offering of products made with secondary materials;

   (2) the offering of products manufactured with remanufactured components;

   (3) the offering of products which are capable of utilizing products made with secondary materials or components that are remanufactured.

  1. DMSS will work with other government agencies and purchase from their existing contracts for products made with secondary materials or join with them in the cooperative purchase of such products.
  2. Requests for bids for aggregate product purchases and multi-material products will require that vendors identify products which are made wholly or partially with secondary materials. As appropriate, based upon considerations which include the amount of secondary material content and the volume of purchases by the City, such products may be separately bid or bid as a recycled product purchase or as a market stimulus bid.
  3. DMSS will encourage agencies wherever practicable to purchase retreaded tires from the DMSS requirements contract for such retreaded tires.
  4. DMSS will encourage agencies wherever practicable to purchase products made from post-consumer and other secondary materials.

§ 8-06 Separability.

If any provision or section of these Rules, or the application thereof to particular persons is held invalid, the remainder of these Rules, and their application to other persons or circumstances shall not be affected by such holding and shall remain in full force and effect.

Chapter 10: Rules For Press Conferences, Demonstrations and Similar Activities In the Immediate Vicinity of City Hall

§ 10-01 [Application.]

These procedures apply to press conferences, demonstrations, picketing, speechmaking, vigils and like forms of expressive conduct by participants or onlookers (“covered activities”) on the steps, sidewalk and plaza area fronting City Hall. The “plaza area” consists of the bluestone-paved area bordered on the north by the sidewalk fronting City Hall, on the south by City Hall Park and to the east and west by cobblestone parking areas.

§ 10-02 [Activities Not Covered.]

Covered activities shall not include the following public ceremonies and commemorations: (i) inaugurations; (ii) award ceremonies for city employees; and (iii) ceremonies held in conjunction with a City-sponsored ticker-tape parade.

§ 10-03 [Conduct, Maximum Number; Larger Groups.]

Covered activities shall be conducted in accordance with these requirements and under the terms of permits issued by the Police Department pursuant to 55 RCNY § 10-06 below. Covered activities shall be conducted in a manner which does not endanger the safety or security of public employees and members of the general public, impede ingress to or egress from City Hall, or interfere with the rights of other persons engaged in covered activities. A maximum of 300 persons in total shall be permitted on the City Hall steps, sidewalk and plaza fronting City Hall for a three-hour time period in an area selected by the Police Department which reasonably accommodates groups of 300 or less. Groups of over 300 persons or who seek to hold a covered activity that exceeds three hours in duration shall be directed to obtain a permit for the use of City Hall Park or other comparable area in accordance with the rules of the Department of Parks and Recreation.

§ 10-04 [Alternative Locations; Covered Activities Not Permitted.]

Covered activities shall not be permitted when the Police Department determines that the covered activity would violate the provisions of 55 RCNY § 10-05, or under the circumstances set forth in subdivision c of 55 RCNY § 10-06. When areas of the steps, sidewalk or plaza area fronting City Hall are not available due to events enumerated in 55 RCNY § 10-02, anticipated security needs or the presence of other groups engaged in covered activities, groups shall be informed of alternative locations or times that are available for the covered activities.

§ 10-05 [Disorderly Conduct; Conduct Not Permitted.]

Disorderly conduct or conduct which obstructs the usual use of City Hall entrances, foyers, and the parking area, which otherwise impedes public employees in the performance of their official duties, vehicular and pedestrian traffic around City Hall, or the general public from obtaining government services or attending proceedings at City Hall is prohibited. Conduct shall not be permitted which (a) reasonably presents a clear and present danger to the public safety, good order or health; (b) interferes with ingress to or egress from City Hall; or (c) may result in bodily harm to any individual, damage to property, or imminent breach of the peace such that good order cannot otherwise be maintained.

§ 10-06 [Permit System; Administration.]

These procedures shall be administered by the Police Department, on behalf of the Department of Citywide Administrative Services and the Department of Parks and Recreation. In administering these procedures, the following permit system will apply:

  1. Applicants shall submit fully executed permit applications in a form prescribed by the Police Department to a designated office or division of the Police Department, which will process applications in the order they are received. In the event that multiple applications are received for the same time period, permits will be considered in the order of receipt of fully executed applications.
  2. Applications shall be granted or denied within 10 business days of the Police Department’s receipt of the application. Applications filed within 10 business days of a proposed covered activity shall be processed as expeditiously as possible. In the case of applications made two business days or less before the proposed covered activity and in the absence of exigent circumstances which prevented the applicant from earlier seeking a permit, the application may be denied where the size or nature of the activity reasonably requires an additional police presence and there is insufficient time to make such presence available. In this event, the applicant will be informed of alternative locations or times for the covered activity.
  3. Permits may be denied on the following grounds:

      (i) A permit has previously been granted to another applicant for a covered activity for the date and time requested.

      (ii) It reasonably appears that the covered activity will present a clear and present danger to the public safety, good order or health.

      (iii) The application proposes activities which would be in violation of law or regulation.

      (iv) An event enumerated in 55 RCNY § 10-02 was previously calendared for the same date and time.

      (v) The Police Department determines that the proposed covered activity conflicts with security needs anticipated for the time and place of the proposed activity. In the event that a permit is denied under paragraphs (i), (iv) or (v), the applicant will be informed of alternative locations or times available for the covered activity.

  1. Covered activities are subject to the following additional limitations:

      (i) Applicants for permits that are issued in error because an event enumerated in 55 RCNY § 10-02 had previously been calendared or a permit had previously been granted for another covered activity will be notified and provided with a reasonable opportunity to conduct the covered activity at an alternative location or an alternative time.

      (ii) No permit will authorize the erection or placement of structures.

      (iii) Permits shall authorize only one covered activity by one permit holder at a time.

      (iv) Permits shall extend for a period of not more than three hours.

  1. Permits may be revoked prior to the scheduled covered activity under the following circumstances: (i) unanticipated security needs or other exigent circumstances; or (ii) information comes to the attention of the Police Department which indicates that the proposed activity reasonably presents a clear and present danger to the public safety, good order or health. Revocations of previously granted permits which occur at least 10 days prior to the covered activity shall be made in writing.

§ 10-07 [Revocation of Permit.]

During the conduct of covered activities, a permit may be revoked by the ranking on-site New York City police officer if the covered activity or other circumstances (i) present a clear and present danger to the public safety, good order or health; (ii) interfere with ingress to or egress from City Hall or otherwise violate the terms and conditions contained in the permit; or (iii) result in bodily harm to any individual, damage to property, or imminent breach of the peace such that good order cannot otherwise be maintained.

§ 10-08 [Police Department Powers Not Restricted; Searches.]

Nothing in these procedures shall restrict the power and authority of the Police Department to preserve the public peace and safety in the vicinity of City Hall, including but not limited to using magnetometers or other security devices, submitting all persons, bags and packages to mechanical inspection or search.

§ 10-09 [Emergency; Close Area.]

The Police Department may order the closure of or limit access to the City Hall area in the event of an emergency or period of heightened security.

§ 10-10 [Contents of Permit.]

All permits issued shall include the conditions set forth above.

Chapter 12: Municipal Employees’ Charitable Contributions

§ 12-01 Definitions.

Annual solicitation campaign. “Annual solicitation campaign” shall mean the period of organized solicitation of municipal employees conducted annually by the Combined Municipal Campaign to obtain contributions with respect to the ensuing year of contributions.

Charitable non-profit organization. “Charitable non-profit organization” shall mean a private non-profit organization performing charitable services for human health and welfare or recreation, eligible for approval as a coordinating agency, or for membership in the combined Municipal Campaign in accordance with the provisions of these rules.

Combined municipal campaign. “Combined municipal campaign” shall mean the joint campaign of the coordinating agency with one or more other charitable non-profit organizations, based on their written agreement, approved by the Commissioner of Citywide Administrative Services pursuant to 55 RCNY § 12-06, for the joint conduct and sharing in the result of annual solicitation campaign.

Commissioner. “Commissioner” shall mean the Commissioner of Citywide Administrative Services.

Coordinating agency. “Coordinating agency” shall mean a federated community campaign, as defined in section 93-b of the General Municipal Law, which is approved by the Commissioner of Citywide Administrative Services pursuant to 55 RCNY § 12-05 to serve as the agent for the Combined Municipal Campaign.

Year of contributions. Year of contributions. “Year of contributions” shall mean the calendar year or other period designated by the Commissioner of Citywide Administrative Services for collection of the payroll deductions authorized by municipal employees pursuant to § 93-b of the General Municipal Law on behalf of the Combined Municipal Campaign.

§ 12-02 Coordinating Agency; Constituent Organizations.

The coordinating agency shall consist of the charitable non-profit organizations named as constituent members thereof upon the Commissioner of Citywide Administrative Services’ approval of the coordinating agency, subject to changes by discontinuance of such participation or the addition of eligible charitable non-profit organizations. The coordinating agency shall give prompt written notice of any such changes to the Commissioner of Citywide Administrative Services.

§ 12-03 Charitable Non-Profit Organizations.

To be eligible as a constituent organization of the coordinating agency or as a participating organization in the Combined Municipal Campaign, a charitable non-profit organization must meet and maintain the following requirements:

  1. It shall be

   (1) a private, non-profit corporation, association, or organization,

   (2) incorporated or authorized to do business in New York, or a member of a federation of charitable organizations which is authorized to do business in New York, and

   (3) organized to render voluntary charitable services for human health and welfare or recreation.

  1. It shall be and remain registered with the Secretary of State; in compliance with the requirements and provisions of article 7-A of the Executive Law of New York; and a tax exempt organization under the terms of Section 501(c)(3) of the U.S. Internal Revenue Code.
  2. It shall operate without discrimination in regard to all persons served by the campaign and comply with all requirements of law and regulations respecting nondiscrimination and equal employment opportunity with respect to its officers, staff, employees and volunteers.
  3. As its principal purpose, function and activity, it shall carry out a bona fide program of charitable services in support and advancement of the health, welfare or recreation of a substantial number of persons in need of such services.

§ 12-04 Coordinating Agency; Qualification Requirements.

To be eligible for approval as the coordinating agency, a charitable non-profit organization shall meet all of the conditions specified in 55 RCNY § 12-03, and in addition, shall

  1. constitute a federation of a substantial number of charitable non-profit organizations;
  2. conduct a bona fide program for the provision of services for human health and welfare or recreation services for the aid, support and advancement of a substantial number of residents in the City; and
  3. agree to combine with other eligible charitable non-profit organizations and/or federations of such organizations to form a Combined Municipal Campaign, and serve as agent of the Combined Municipal Campaign as set forth in 55 RCNY § 12-06.

§ 12-05 Approval of Coordinating Agency.

(a) To solicit contributions among municipal employees, a charitable non-profit organization eligible pursuant to the conditions specified in 55 RCNY § 12-04 may make written application to the Commissioner of Citywide Administrative Services for approval as the coordinating agency for the City.
  1. In December of every year there shall be made available at the offices of the Commissioner of Citywide Administrative Services a proposed calendar of events for the preceding years’ Combined Municipal Campaign, if any. This schedule shall include a timetable for application.
  2. The application shall contain a detailed statement and furnish documentation evidencing the organization’s compliance with all conditions of eligibility as a coordinating agency and shall provide the following:

   (1) corporate or registered business name and address of the organization; name, titles and addresses of its directors or principals and executive officers; registration number obtained upon registration pursuant to Article 7-A of the Executive Law;

   (2) concise description of the organization’s structure, origin, and history of its activities in the City; financial statements for its two immediately preceding years of operation, showing contributions and other revenues received, administrative and overhead expenses, costs of operations and other significant financial data; a specification of the extent its operations have been carried out by volunteers’ services;

   (3) statement of its plan and program for performing charitable services within the City over the next three-year period, with particular description of projected benefits to employees’ communities of residence;

   (4) copies of charter or certificate of incorporation, bylaws, latest external audit by a certified public accountant and letter from the Internal Revenue Service certifying tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code;

   (5) a listing, by corporate or registered business name, address, and name of the authorized principal representative, of each constituent charitable non-profit organization included in the coordinating agency; the applicant shall certify that it has examined and established compliance by all of its constituent organizations with the conditions and requirements of eligibility specified in 55 RCNY § 12-03.

  1. The applicant shall furnish additional information and documentation as requested by the Commissioner of Citywide Administrative Services.
  2. The Commissioner’s determination as to the approval or refusal of an application hereunder shall be conclusive and binding, and written notice thereof shall be given to the applicant.
  3. If it should become necessary to change the coordinating agency while the annual solicitation campaign or the year of contributions is in progress, the Commissioner shall substitute another charitable non-profit organization eligible to be coordinating agency pursuant to 55 RCNY § 12-04.

§ 12-06 Combined Municipal Campaign; Structure and Operations.

(a) For the purposes of conducting a joint annual solicitation campaign and sharing in the contributions of municipal employees obtained therefrom, the coordinating agency shall contract with all other organizations approved pursuant to 55 RCNY §§ 12-07 and 12-08 to form a Combined Municipal Campaign.
  1. Such contract shall be subject to approval by the Commissioner of Citywide Administrative Services and shall:

   (1) identify each charitable non-profit organization participating with the coordinating agency by corporate or business name and address, and name its authorized representative;

   (2) provide an annual budget of the campaign and specify the allocation among the coordinating agency and participating organizations of administrative expenses including publicity, central receipt, accounting and distribution of contributions, and loss of anticipated income to the campaign due to withdrawal of consent to contribution, termination of employment, or other discontinuation of payroll deduction;

   (3) state the method of calculation of the share of total contributions to be received respectively by the coordinating agency and each participating organization, and the manner of payment to them;

   (4) inform participants that the administrative expenses of the campaign shall be divided equally among each participating agency; for this purpose each participating constituent member of a federation of charitable non-profit organizations shall be counted as a separate participating agency.

   (5) Contain such other terms and conditions as may be required by the Commissioner.

  1. The coordinating agency shall be the recipient in the first instance of all contributions made by employees to the campaign, including both contributions collected through payroll deductions and those made by check. The coordinating agency shall act in a fiduciary capacity with respect to its receipt and distribution of the contributions in accordance with the terms of the Combined Municipal Campaign contract.
  2. The annual solicitation campaign shall be conducted at such times and pursuant to such procedures as shall be approved by the Commissioner.
  3. The coordinating agency shall submit a report to the Commissioner at the end of each calendar year and at such other times as the Commissioner may request, stating the total amount of contributions collected through the Combined Municipal Campaign, the amount received by each participating agency, and such other information as the Director may request.

§ 12-07 Application for Participation in the Combined Municipal Campaign.

(a) A charitable non-profit organization seeking participation in the Combined Municipal Campaign shall make written application therefor to the Commissioner, who shall forward such application to the coordinating agency.
  1. Such application shall be made on the form prescribed by the Commissioner and shall be accompanied by all required documentation.
  2. The coordinating agency shall review the applications and approve the applications of all organizations qualified pursuant to 55 RCNY § 12-03.
  3. The coordinating agency shall notify each applicant in writing whether or not it has been accepted as a participating organization in the Combined Municipal Campaign. If an applicant has not been accepted for participation, such notice shall state the reasons therefor, and shall state that the decision may be appealed to the Commissioner within fourteen days.

§ 12-08 Review of Non-Acceptance for Participation.

(a) An organization which has been notified of non-acceptance for participation in the Combined Municipal Campaign may, within fourteen days of the date notice was sent to the applicant by the coordinating agency, appeal in writing to the Commissioner for review of the determination of the coordinating agency. Copies of all material previously submitted to the coordinating agency shall be furnished to the Commissioner by the organization seeking review.
  1. The Commissioner, consistent with these rules, shall determine whether sufficient grounds existed for non-acceptance of the applicant or whether the coordinating agency’s decision shall be reversed, in which case the Commissioner shall direct the coordinating agency to accept the applicant for participation in the Combined Municipal Campaign.
  2. The Commissioner’s written determination shall be transmitted to the applicant and the coordinating agency, and shall be final and conclusive. Upon a determination directing the acceptance of the applicant, the coordinating agency shall forthwith arrange for the participation of the applicant in the Combined Municipal Campaign.

§ 12-09 Conduct of Solicitation Among City Employees.

(a) Contributions by employees to any charitable non-profit organization shall be purely voluntary.
  1. No form of pressure or coercion shall be used at any time by any employee or charitable non-profit organization to persuade employees to contribute to any charitable non-profit organization.
  2. An employee who wishes to make a charitable contribution through the Combined Municipal Campaign shall do so by completing and signing the form furnished by the Director. The employee shall indicate on the form whether the contribution is to be given to a particular organization participating in the Combined Municipal Campaign, or to the Combined Municipal Campaign itself for distribution to all participating organizations in the manner set forth in this section. Contributions may be made by submitting a single check made out to the order of the Combined Municipal Campaign, or by consenting to payroll deduction of a specified amount per pay period. If the employee chooses to contribute to the Combined Municipal Campaign through payroll deduction, the year of contribution shall be deemed to be the period between the time the consent to the deduction is given and the time such consent is withdrawn or the employee leaves his/her agency of employment, whichever shall occur first. The deduction shall continue until the employee either withdraws his/her consent to the payroll deduction or the employee leaves his/her agency of employment, whichever shall occur first.
  3. Employees shall be allowed to withdraw their consent to payroll deduction for contribution to charitable non-profit organizations at any time, upon written notice to the Commissioner.
  4. Contributions received by the Combined Municipal Campaign which are not designated for receipt by a particular participating organization shall be distributed among all participating organizations in the following manner: the total amount of such undesignated funds, less administrative expenses agreed upon as provided in 55 RCNY § 12-06, shall be divided by the total number of participating agencies, and an amount equal to the dividend shall be received by each agency. For the purposes of this calculation, each constituent member of a federation of charitable non-profit organizations shall be counted as a separate participating agency, but the federation to which such member belongs shall receive that member’s share of the undesignated funds, to be distributed in accordance with the federation’s agreement with its members.
  5. When an employee’s paycheck is refunded by the employee’s agency to the Department of Finance, any charitable contribution deducted for the period covered by such paycheck shall be returned to the City by the coordinating agency, or recovered by the City from the Combined Municipal Campaign by deduction from subsequent payments.

Chapter 11: Personnel Practice and Procedure

§ 11-01 General Examination Regulations.

(a) General provisions.

   (1) These regulations shall be applicable to all examinations conducted by the New York City Department of Citywide Administrative Services for positions in the competitive, non-competitive and labor classes. Before applying to take an examination, applicants should consult the Notice of Examination for the specific position for which they are applying and these General Examination Regulations. Applicants are responsible for knowledge of the contents of those documents, which are binding on all applicants. In addition, the Civil Service Law and the personnel rules and regulations of the City of New York apply to all examinations.

   (2) All information concerning an examination including these regulations, notices of examination, filing dates, test dates, and key answers are available at the website of the Department of Citywide Administrative Services at www.nyc.gov/dcas or can be obtained in person at the Application Centers, located at 2 Lafayette Street, 17th Floor, New York, NY 10007 and at 210 Joralemon Street, 4th Floor, Brooklyn, NY 11210.

  1. Applications.

   (1) Completed application forms and required fee must be submitted in a manner specified by the Notice of Examination for the specific position for which the applicant is applying. Applications must be received by the last date for receipt of applications specified in the Notice of Examinations.

   (2) Except on legal holidays and unless otherwise stated in the Notice of Examination, the Application Centers of the Department of Citywide Administrative Services, located at 2 Lafayette Street, 17th Floor, New York, NY 10007 and at 210 Joralemon Street, 4th Floor, Brooklyn, NY 11210, are open from Monday to Saturday, from 9 a.m. to 5 p.m. Application forms can be obtained without charge at the Application Centers during the application period specified in the Notice of Examination. Application materials are also available at the website of the Department of Citywide Administrative Services at www.nyc.gov/dcas.

   (3) A late application in a promotion examination shall be accepted if submitted by the employing agency personnel office as early as practicable prior to the day of the first test thereof if such late application includes a signed statement from his or her personnel officer that he or she was absent from employment because of vacation, sick leave, military duty, or other reason acceptable to the Department of Citywide Administrative Services, for a period of not less than one-half of the application period.

   (4) The Department of Citywide Administrative Services assumes no responsibility for applications where:

      (i) errors or mistakes are made therein by the applicant;

      (ii) they are filed by mail;

      (iii) they are not filed with the Department of Citywide Administrative Services or other agency designated by the Commissioner of Citywide Administrative Services to accept applications; or

      (iv) they are not received on a timely basis.

  1. Application fees.

   (1) An application fee, as required in the Notice of Examination, must be paid at the time of submitting the application for any civil service appointment and for any application for appointment without competitive examination including provisional and labor class appointments and transfers. The application fee will be based upon the minimum of the salary range of the title being sought:

Salary Category Fee
Under $30,000 $40
$30,000 - $34,999 $47
$35,000 - $39,999 $54
$40,000 - $44,999 $61
$45,000 - $62,999 $68
$63,000 - $69,999 $82
$70,000 - $74,999 $85
$75,000 - $79,999 $88
$80,000 - $89,000 $91
$89,001 - $99,999 $96
$100,000 & over $101

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   (2) An application fee is not required of a New York City resident receiving public assistance from the New York City Department of Social Services. To have the fee waived, such applicant must submit a photocopy of a current Medicaid identification card. In addition, the application fee may be waived, in the discretion of the Commissioner of Citywide Administrative Services, upon a showing of compelling circumstances.

   (3) Application fees must be submitted and paid for in a manner authorized by the Notice of Examination for the specific position for which the applicant is applying.

   (4) An applicant who was unable to take or complete an examination may apply for refund of the application fee by submitting a written request therefor to the Fiscal Division of the Department of Citywide Administrative Services within 30 days of the date of the first test in the examination at which he or she was unable to appear with verification that such absence was due to:

      (i) compulsory attendance before a court or other public body or official having the power to compel attendance;

      (ii) hospitalization;

      (iii) a clear error or mistake for which the Department of Citywide Administrative Services is responsible.

   (5) An applicant who was unable to take the first test in an open competitive examination because of active military service with the armed forces of the United States may apply for refund of the filing fee by submitting written request therefor with verification of such service not later than 60 days from the termination of military duty.

   (6) Veteran Exam Fee Waiver.

      (i) An application fee for an open-competitive or promotion civil service examination will not be required of a Veteran for taking one such examination, under the conditions detailed in this paragraph.

      A “Veteran,” for the purposes of this paragraph, shall mean an individual who, at the time of filing his or her application for a civil service examination, (i) is a citizen of the United States or an alien lawfully admitted for permanent residence, (ii) has received an honorable discharged or who has been released under honorable conditions from the Armed Forces of the United States, and (iii) has served on full-time active duty, other than active duty for training.

      The “Armed Forces of the United States” shall mean the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including all components thereof, and the National Guard when in the service of the United States pursuant to call as provided by Law.

      The Veteran Exam Fee Waiver can be used once by a Veteran to waive the application fee for an open-competitive or promotion civil service examination offered by the Department of Citywide Administrative Services or offered by any other agency or entity pursuant to a delegation from the Department.

      (ii) Process for Requesting the Veteran Exam Fee Waiver. To request the Veteran Exam Fee Waiver, an applicant must submit a photocopy of his or her U.S. Armed Forces separation papers (DD214 long form) in the manner and at the time detailed on the Fee Waiver Request Form, available at Application Centers and at the website of the Department of Citywide Administrative Services at www.nyc.gov/dcas.

  1. Test date and admission cards.

   (1) The tentative date of the first assembled test in an examination is stated in the Notice of Examination. The official test date will be given in the admission card sent to the applicant. The City assumes no responsibility for mail delivery. Applicants who do not receive an admission card at least 4 days prior to the tentative test date must obtain a duplicate admission card at the address specified in the Notice of Examination.

   (2) A candidate who is found to be not qualified or not eligible for an examination or for whom the Department of Citywide Administrative Services has no record of receiving an application will not have his/her test scored.

  1. Change of address.

   (1) A candidate in an examination whose address changes after s/he submits the application but prior to mailing of the notice of results, must promptly notify the Examining Service Division of the Department of Citywide Administrative Services in writing in the manner described in paragraph (3) of this subdivision.

   (2) A candidate in an examination whose address changes after mailing of the notice of results and during the life of an eligible list upon which the candidate’s name appears shall promptly notify the Certification Section of the Department of Citywide Administrative Services in writing in the manner described in paragraph (3) of this subdivision.

   (3) A separate notification of a change of address should be submitted for each examination in which the person is a candidate or an eligible. Each submission must include the candidate’s name, Social Security number, complete new address, the title of the examination and the examination number, and place on the eligible list, if applicable. For promotion examinations, include the name of the city agency by which the candidate is employed. Failure to furnish notification of a change of address may result in the loss of opportunity to compete in tests or loss of opportunity to appear for appointment interviews.

  1. Citizenship.

   (1) Any citizenship requirement will be set forth in the Notice of Examination. When citizenship is not required, non-citizens must be able to establish at the time of appointment and throughout the period of their employment that they are legally permitted to work in the United States.

   (2) Under the Immigration Reform and Control Act of 1986, each candidate must be able to prove his/her identity and his/her right to obtain employment in the United States prior to employment with the City of New York.

  1. Age. Persons who have not reached their eighteenth birthday shall obtain employment certificates as required by law before appointment.
  2. Residency. §§ 12-120 and 12-121 of the Administrative Code of the City of New York require that any person who enters City service on or after September 1, 1986 shall be a resident of the City within 90 days after the date he or she enters City service and shall thereafter maintain city residence as a condition of employment. The Commissioner of Citywide Administrative Services may waive this requirement for positions which are hard to fill. In addition, certain positions are exempted by law.
  3. Language. Candidates must be able to understand and be understood in English. A qualifying English language oral will be given by the Department of Citywide Administrative Services to all candidates who, in the opinion of the appointing officer, do not meet this requirement.
  4. Special testing services for disabled applicants.

   (1) Any applicant who is disabled to the extent that he or she requires special accommodations to take an examination shall submit a written request for such accommodations, together with proof of disability as described below The written request shall be submitted in the manner specified in the Notice of Examination and the Special Circumstances Form for the submission of such requests. The written request must indicate the specific accommodation requested, and any alternative which would be equally acceptable. Where appropriate and practicable, the Department of Citywide Administrative Services will provide one or more forms of testing accommodations, such as providing an accessible or alternate examination site, additional time to complete the examination, special seating, full written instructions and special attention from the monitor to insure that the applicant has understood oral instructions, a reader or tape recorder for test questions, an amanuensis or tape recorder for test answers, and large print or braille.

   (2) Where the disability involves vision, the applicant shall submit:

      (i) proof of registration with the New York State Commission for the Blind and Visually Handicapped, or

      (ii) proof that corrected total vision is less than 20/200 or that the applicant’s field of vision is less than 20 degrees.

   (3) Where the disability involves hearing, the applicant shall submit an audiogram taken within the past year by an audiologist licensed in New York State or board certified otologist, indicating registration number, and showing the level of hearing loss.

   (4) Where the applicant’s disability does not come within the categories described in paragraphs (2) or (3) of this subdivision and the applicant nevertheless requires special accommodations to take the examination because of his or her disability, the applicant shall submit either a doctor’s note or proof of disability from an agency or organization which is recognized as one which specializes in serving persons with the applicant’s type of disability. The substantiating document shall indicate the extent of the disability and the specific testing accommodations recommended for the applicant.

   (5) For the purpose of these regulations, “an agency or organization which is recognized as one which specializes in serving persons with (certain disabilities)” means a government agency (such as the New York State Office of Vocational Rehabilitation) or a private organization or agency (such as United Cerebral Palsy) which is known to the Department of Citywide Administrative Services or the Mayor’s Office for People with Disabilities for its work. The substantiating document must be on letterhead and must bear the signature and title of the person certifying the applicant’s disability.

   (6) Disabled applicants may take steps to personally accommodate their special testing needs in the following ways:

      (i) Applicants may use their own impairment-related aids, such as magnifying glasses or talking calculators with ear plugs (where all other applicants are permitted to use calculators), during the examination.

      (ii) An applicant who requires an amanuensis or reader with special skills or abilities not provided by the Department of Citywide Administrative Services may submit proof of special need from an agency or organization which is recognized as one which specializes in serving persons with the candidate’s type of disability and which further has volunteers available to perform the requested service. The agency or organization must notify the Department of Citywide Administrative Services no later than 15 work days before the test date that it will provide a volunteer. The Department of Citywide Administrative Services will not be responsible for providing a replacement amanuensis or reader in the event a volunteer fails to appear on the day of the examination.

  1. Special examinations.

   (1) An applicant who is unable, for any of the reasons listed below, to take the regular examination as scheduled may be given a special examination upon written request. Such applicant must submit a written request setting forth the reasons requiring the absence and providing documentary evidence which demonstrates to the satisfaction of the Commissioner of Citywide Administrative Services that the applicant was unable to take the regular examination as scheduled. Unless otherwise specified herein, such material must be submitted to the Examining Service Section either in person or by certified or registered mail no later than one week following close of the application period. If one of the following circumstances arises after that date, such documentation must be received within one week following the occurrence, but no later than one week before the special test.

   (2) Religious observance. An applicant claiming to be unable to take an examination when originally scheduled because of his or her religious beliefs may request a special examination by submitting either in person or by certified or registered mail to the Examining Services Division of the Department of Citywide Administrative Services, a written request no later than 15 days before the scheduled date of the regular examination. The request must include a recent written statement on letterhead signed by the applicant’s religious leader attesting to the applicant’s religious beliefs and certifying that the applicant is a Sabbath observer and that it is contrary to the applicant’s tenets to participate in an examination on the date the regular test is scheduled.

   (3) Military service.

      (i) § 243: An applicant who has taken the first test:

         (A) in an open competitive examination but is unable to complete the remaining test because of military duty as defined in § 243 of the New York Military Law must apply to the Control and Service Division of the Department of Citywide Administrative Services with his or her separation papers not later than 90 days from the termination of such military duty;

         (B) in a promotion examination, who is unable to take or complete such examination because of military duty as defined in § 243 of the New York Military Law, must apply to the Control and Service Division of the Department of Citywide Administrative Services with his or her separation papers not later than 60 days from the date of restoration to his or her City position.

      (ii) § 242: An applicant in a multiple choice promotion examination who is ordered to appear for military duty on the scheduled test date must notify the Examining Service Section in writing no later than one week from the close of the application period. To be admitted to the make-up test scheduled in the Notice of Examination, such applicant must provide by certified or registered mail, written documentation on letterhead signed by the commanding officer stating that such duty cannot be rescheduled to permit the applicant to participate in the test and setting forth the reasons why. Such documentation must be received by the Examining Service Section no later than 10 working days prior to the regular test date. Such applicants who do not follow the above procedures must apply for a special test under the procedures in paragraph (3)(i)(B) of this subdivision.

   (4) Other reasons:

      (i) a manifest error or mistake for which the Department of Citywide Administrative Services or the examining agency is responsible; or

      (ii) compulsory attendance before a court or other public body or official having the power to compel attendance; or

      (iii) physical disability incurred during the course of and within the scope of municipal employment where such applicant is an officer or employee of the City; or

      (iv) absence from the test within one week after the date of death of a spouse, domestic partner, mother, father, sister, brother, child or child of a domestic partner of such applicant where such applicant is an officer or employee of the City; during the period August 7, 1989 through January 7, 1993. (The records of domestic partnerships registered at the former City Department of Personnel are to be transferred to the City Clerk.))

  1. Education and experience credit.

   (1) To be credited, the education and experience must be of the nature, duration and quality described in the notice of examination and must have occurred during the prescribed period of time. Unless otherwise specified in the Notice of Examination, all requirements must be met by the last date of the application period.

   (2) All education and experience must be clearly specified on the experience paper in order to be credited or considered on appeal. Education and experience listed on the experience paper will receive credit only to the extent that it is described clearly and in detail. A maximum of one year of experience will be credited for each 12 month period. Part-time experience will be pro-rated and credited in lieu of, but not in addition to full time experience during the same period.

   (3) If statements of material facts are found to be false, exaggerated or misleading, an applicant may be disqualified.

   (4) Where experience is a qualifying test only, experience which falls short by up to one month shall be accepted as qualifying.

  1. Physical tests. To be permitted to participate in any physical test candidates must sign the prescribed release form.
  2. Medical examination.

   (1) Any impairment which will adversely affect ability to perform the duties of the position in a reasonable manner, or which may reasonably be expected to render the applicant unfit to continue to perform the duties of the position shall constitute grounds for disqualification.

   (2) A candidate medically rejected for a condition which thereafter materially improves may apply for medical reexamination. However, no such candidate will be re-examined following expiration of the eligible list.

  1. Test administration. A candidate who fails to follow instructions at the test site will not have his/her test scored.
  2. Impersonating and cheating.

   (1) A person who impersonates another or who allows himself or herself to be impersonated or who otherwise cheats in an examination shall be barred from taking civil service examinations for positions with the City of New York or receiving appointments with the City of New York.

   (2) A person barred from city employment pursuant to subdivision (p)(1) of this section may submit a written request to the Commissioner of Citywide Administrative Services for reconsideration of this action, setting forth reasons to substantiate the request.

  1. Protests. Candidates may file protests against proposed key answers in accordance with § 50-a of the Civil Service Law. Protest procedures and time limits will be described at the time of the test.
  2. Appeals.

   (1) Except as may otherwise be provided by the Commissioner of Citywide Administrative Services and upon payment of applicable fees:

      (i) Candidates who wish to appeal a computational error in rating shall file an appeal within 30 days from the date of the notice of results of the examination.

      (ii) Candidates who wish to appeal the rating of oral, practical, or essay tests may request a breakdown of their scores and an appointment for review by submitting a written request to the Committee on Manifest Errors within one week following the date of the notice of results of the examination and shall file their completed appeals within 60 days from that date. An appointment for review, i.e. for playback of audio/video recording, inspection of work sample on practical test, or review of answer paper and the key or illustrative answers of essay tests, where available, will be granted prior to the end of the appeal period.

   (2) For all oral, practical, or essay tests, such playback, inspection or review shall be limited in duration to a period equivalent to the duration of the test in question. A representative of the Department of Citywide Administrative Services must be present at all times.

  1. Investigation.

   (1) All applicants must be of satisfactory character and reputation and must meet all requirements set forth in the Notice of Examination for the position for which they are applying. Applicants may be summoned for the written test prior to investigation of their qualifications and background. Admission to the test does not mean that the applicant has met the qualifications for the position.

   (2) A fee of $50 is required of each candidate to cover the cost of fingerprint processing. Payment shall be submitted to the appointing agency at the time of fingerprinting and shall be in the form of a Travelers Express, American Express or postal money order payable to the “New York State Division of Criminal Justice Services.” Cash will not be accepted.

  1. Probationary terms.

   (1) Except as otherwise provided, all appointments and promotions shall be for a probationary term of one year.

   (2) Upon showing to the satisfaction of the Commissioner that the services of a probationer have been unsatisfactory, an appointing officer may terminate the employment of such probationer at any time during the probationary term.

  1. Fees for special services.Fees for special services furnished upon request shall be as follows:

   (1) duplicate result cards – $l per card

   (2) breakdown of rating on examination – $5 per copy

   (3) photocopies – $l per page

   (4) play-back of audio recordings – $5 per play-back

   (5) play-back of video recordings – $10 per play-back

   (6) other – as may be provided

  1. Correspondence and address: All correspondence relating to examination issues shall be sent to the Department of Citywide Administrative Services, Division of Citywide Personnel Services, One Centre Street, 14th Floor, New York, N.Y. 10007, unless otherwise specified.
  2. Seniority and veterans’ credit. Where seniority or Veterans’ Preference credit is claimed, the candidate must achieve a passing score in order to be eligible for such credit.

§ 11-02 License Examinations.

(a) Applicability. These regulations apply to the following licenses:

   Climber or Tower Crane Rigger

   High Pressure Boiler Operating Engineer

   Hoisting Machine Operator

   Hoisting Machine Operator (Endorsement)

   Master Electrician

   Master Fire Suppression Piping Contractor

   Master Plumber

   Master Rigger

   Master Sign Hanger

   Motion Picture Operator

   Oil Burning Equipment Installer, Class A and Class B

   Portable High Pressure Boiler Operating Engineer

   Site Safety Manager

   Special Electrician

   Special Rigger

   Special Sign Hanger

   Welder

These regulations shall be applicable also to examinations conducted by the Department of Citywide Administrative Services for appointment by the Mayor as a City Surveyor. These regulations shall not be applicable to examinations for licenses for Refrigerating Machine Operator (Unlimited Capacity) and To Install, Alter, Test and Repair Underground Storage Tanks, to Wit: Gasoline, Diesel Fuel Oil (Used for Operation of Motor Vehicles) and Other Volatile Inflammable Liquids. Such examinations shall be administered by the Fire Department in accordance with 3 RCNY § 9-01, and applicants who establish their qualifications for such licenses in accordance with the provisions of said section and New York City Administrative Code §§ 27-4002(8a) and 27-4194(d), as applicable, shall be so certified by the Department of Citywide Administrative Services.

  1. Applications.

   (1) An examination schedule of written tests indicating the last day to file is posted in the Applications Section of the Department of Citywide Administrative Services, Division of Citywide Personnel Services, 18 Washington Street, N.Y., N.Y. 10004.

   (2) The Department of Citywide Administrative Services assumes no responsibility for applications where errors or mistakes are made therein by the applicant, or for applications not filed with the Department of Citywide Administrative Services, or for applications not received on a timely basis.

   (3) Applications submitted must include the correct filing fee. Payment may be made in person or by mail and must be with a money order made payable to Department of Citywide Administrative Services. Applicants must write their social security number and the examination number, for which the application is being submitted, on the front of the money order.

   (4) Except for the examination for license for welder, special rigger and special sign hanger, a practical test shall be given only to those candidates who have filed applications at least 20 days (excluding Saturdays, Sundays and legal holidays) before the first test date.

  1. Filing fees.

   (1) Except as provided in paragraph (2) of this subdivision, the filing fees shall be:

Climber or Tower Crane Rigger $275
High Pressure Boiler Operating Engineer $200
Hoisting Machine Operator $200
Hoisting Machine Operator (Endorsement) $225
Master Electrician $275
Master Fire Suppression Piping Contractor $250
Master Plumber $275
Master Rigger $275
Master Sign Hanger $275
Motion Picture Operator $200
Oil Burning Equipment Installer:  
Class A $275
Class B $275
Class A and Class B together $275
Portable High Pressure Boiler Operating Engineer $275
Site Safety Manager $250
Special Electrician $275
Special Rigger $210
Special Sign Hanger $210
For possessor of a valid license for Master Plumber $60
Welder  
Class 1 $375
Class 1 Restricted $340
Class 2 $275
Class 2 Restricted $200
Class 3 $330
Class 3 Restricted $220
Class 4 $110
For additional practical tests in any license examination other than Special Rigger, Special Sign Hanger and Welder $220
For examination for appointment as City Surveyor $275

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    1. Filing fees shall be waived for a New York City resident receiving public assistance who submits a clear photocopy of a current benefit identification card along with the application.

      (ii) For the license examinations for Master Electrician, Master Plumber, Master Rigger, Special Electrician, and Special Rigger, filing fees shall be waived for employees of public agencies doing work solely for their agencies, where the license is required for work performed in such agencies, and where the agencies request such waiver.

   (3) An applicant who is marked not qualified before the date of the first test or who has not passed the required English language test will be refunded, upon application therefor, all but $40 of the filing fee.

  1. Education, training and experience requirements.

   (1) An applicant must possess the minimum education, training and/or experience requirements at the time of filing of the application and must be able to read and write the English language. A qualifying examination will be given to determine if the applicant is able to read and write the English language for those licenses issued by the Department of Buildings and where the examination given by the Department of Citywide Administrative Services for the license does not contain a written part. Applicants who do not pass this examination will not be permitted to take any other part of the license examination. Admission to an examination does not imply that the applicant possesses the minimum qualifications required. The burden of proving that the applicant meets the required qualifications shall be upon the applicant.

   (2) For licenses other than Master Plumber, Master Rigger and High Pressure Boiler Operating Engineer, the Administrative Code provides that time spent on active duty in the armed forces of the United States during time of war, including service with said armed forces in the Korean or Vietnam conflict, shall be credited as experience on a year-for-year basis provided that:

      (i) the applicant is at least 18 years of age, and that

      (ii) the applicant has at least 1 year of required experience prior to entry into the armed forces, and that

      (iii) such military duty interrupted the continuance of the experience, and

      (iv) the applicant received an honorable discharge from the military service.

   (3) For the license of High Pressure Boiler Operating Engineer, the Administrative Code provides that an applicant who has served on active duty in the armed forces of the United States during time of war including service with said armed forces in the Korean or Vietnam conflict, and has been honorably discharged shall be deemed to meet the experience requirements if during the 10 years immediately prior to filing the Application For License Examination, the applicant shall have had:

      (i) at least 5 years of required experience, or

      (ii) at least 1 year of required experience prior to entry into military service and while in such service either served as or performed duties equivalent to those performed by a boilermaker, engineer, fireman, oiler, machinist or water tender to make a total of at least 5 years of required experience.

  1. Examinations.

   (1) For examinations for licenses of special rigger, special sign hanger and welder, the tests shall be scheduled as the receipt of applications warrants. For license examinations other than special rigger, special sign hanger and welder, the test dates are posted in the Application Section.

   (2) The official test date will be contained in the admission card sent to the applicant. For license examinations for which the test date has been previously posted in the application section, applicants who filed timely applications and who do not receive an admission card within 7 days prior to the test date must appear prior to the test date at the Examining Service Section of the Department of Citywide Administrative Services, Division of Citywide Personnel Services, during normal business hours to obtain an admission card to the examination.

   (3) An applicant who was unable to take or complete an examination may apply to take or complete the examination or request a refund by submitting written request therefor to the Examining Service Section of the Department of Citywide Administrative Services within 60 days of the first test in the license examination at which the applicant was unable to appear with verification that such absence was due to:

      (i) compulsory attendance before a court or other body or official having the power to compel attendance; or

      (ii) a manifest error or mistake for which the Department of Citywide Administrative Services is responsible; or

      (iii) death of a spouse, domestic partner, mother, father, sister, brother, child, or child of a domestic partner of such candidate within one week before the test; during the period August 7, 1989 through January 7, 1993. (The records of domestic partnerships registered at the former City Department of personnel are to be transferred to the City Clerk.)) or

      (iv) hospitalization or period of recuperation immediately following hospitalization; or

      (v) active military service with the armed forces of the United States.

   (4) License examinations may consist of a written test, practical test or oral test or a combination of any such tests. The questions and answers in all tests for licenses shall not be released or made public.

   (5) On a license examination for which there is a numerical rating, a candidate must attain a rating of not less than 70 percent in the examination or in any test, subtest or part thereof.

   (6) Where a license examination other than for special rigger, special sign hanger and welder consists of both a written and a practical test, a candidate who has passed the written test but has been notified of failure to pass the practical test may request another practical test. A total of not more than 3 practical tests shall be allowed a candidate in connection with the written test and a separate application must be made for each practical test requested. Except as provided in paragraph (3) of this subdivision, applications for the second or third practical tests shall be filed in the Application Section of the Department of Citywide Administrative Services, Division of Citywide Personnel Services not later than 2 years from the date of the written test and shall be accompanied by the required fee. Where a candidate has already taken and passed a written test, the candidate will not be permitted to take a second written test until the candidate has completed all the practical tests to which the candidate is entitled.

   (7) For license examinations for Site Safety Manager, Special Rigger, Special Sign Hanger and Welder, a candidate who fails any test or subtest in the examination shall be deemed to have failed the entire examination and no further test or subtest shall be either administered or rated, as the case may be. However, for license of welder class 1 or welder class 1 restricted or welder class 3, a candidate who fails only one part in the practical test shall be qualified for license of welder class 2 or welder class 2 restricted or welder class 3 restricted, respectively.

  1. Appeals.

   (1) A candidate who has been notified of failure to pass the written or practical license examination may appeal such failure only if the candidate has failed by not more than 5 points. Such appeal must be in writing to the New York City Department of Citywide Administrative Services, 2 Washington Street, 17th Floor, New York, New York, 10004, ATTN: Examining Service Section, stating the title of the license examination, examination number, the application number, and the social security number, and be received not later than 30 days from the date of notification of failure to pass the license examination.

   (2) A candidate who has failed the written test in a license examination by not more than 5 points may submit a written request to review the items scored as incorrect and the key answers thereto. Such request with the result card shall be mailed to the New York City Department of Citywide Administrative Services, 2 Washington Street, New York, New York 10004, ATTN: License Examinations, and it must be received no later than 15 days from the date of notification of failure to pass the test.

  1. Impersonating and cheating.

   (1) A person who impersonates another or who allows himself or herself to be impersonated or who otherwise cheats in a license examination shall be disqualified from receiving a license issued by the City of New York or from holding any position with the City of New York.

   (2) A person disqualified pursuant to paragraph (1) of this subdivision may submit a written request to the Commissioner of Citywide Administrative Services for reconsideration of this action, setting forth reasons to substantiate the request.

  1. Investigation.

   (1) The Department of Citywide Administrative Services, Division of Citywide Personnel Services or the investigating agency, as the case may be, shall conduct an investigation of each candidate to determine the candidate’s fitness and qualification for the license, and may refuse to certify a candidate who does not meet the requirements therefor.

   (2) Successful candidates in the examination shall be summoned for investigation by the appropriate investigating agency. Candidates shall be disqualified for the license or certification of qualification if they do not appear for investigation within 4 months of the date for which originally summoned. Such candidates shall then be required to file for and pass a new license examination in order to obtain the license or certification of qualification.

   (3) Investigation of candidates shall be conducted by the Department of Citywide Administrative Services except for those licenses where investigation shall be conducted by the agency responsible for the issuance of licenses as indicated below:

      (i) Department of Consumer Affairs

      (i) Motion Picture Operator

      (ii) Department of Buildings

      (ii) Master Electrician

      (ii) Special Electrician

The names of successful candidates in the license examinations listed above will be submitted to the appropriate agency by the Department of Citywide Administrative Services.

   (4) The names of candidates who have been found qualified after investigation will be transmitted by the Department of Citywide Administrative Services to the agency responsible for the issuance of licenses as indicated below:

      Department of Buildings      Climber or Tower Crane Rigger       High Pressure Boiler Operating Engineer       Hoisting Machine Operator       Master Fire Suppression Piping Contractor       Master Plumber       Master Rigger       Master Sign Hanger*       Oil Burning Equipment Installer       Portable High Pressure Boiler Operating Engineer       Site Safety Manager       Special Rigger       Special Sign Hanger*       Welder

  1. Change of address. A candidate in a license examination shall promptly notify the Department of Citywide Administrative Services in writing of any address change which occurs after filing the application for license examination. A separate notification shall be submitted for each examination for which the person is a candidate. The notification shall include the candidate’s name, complete new address, social security number, the title of the license examination, and license examination number. Failure to furnish such notification shall be at the sole risk of such person and may result in the loss of opportunity to compete in any tests or subtests of the license examination not already held.

§ 11-03 Adjudications of the Department of Citywide Administrative Services.

(a) Pursuant to the New York City Charter §§ 1041, 1046 - 1048, and by designation by the Mayor, the Department of Citywide Administrative Services has determined that adjudications held pursuant to Section 210.2(g) of the Civil Service Law Article 14 ("The Taylor Law") to determine whether an employee has violated the Taylor Law shall be conducted by the Department or a designee of the Commissioner of Citywide Administrative Services. Such designee shall be a Hearing Officer who is authorized in writing by the Commissioner of Citywide Administrative Services to conduct hearings pursuant to the Taylor Law. Administrative Law Judges from the Office of Administrative Trials and Hearings ("OATH") may be designated as Hearing Officers authorized by the Commissioner of Citywide Administrative Services to conduct hearings pursuant to the Taylor Law.
  1. Disciplinary hearings and disability hearings conducted pursuant to Civil Service Law §§ 72 and 75 shall be conducted by OATH. In all adjudications conducted by OATH, pursuant to Civil Service Law §§ 71, 72, 73 and 75, the Administrative Law Judge shall make written proposed findings of fact, conclusions of law, a recommended decision and, where appropriate, a proposed penalty. The Commissioner of Citywide Administrative Services may adopt, reject, or modify any such recommendations.

§ 11-04 Taylor Law Hearings.

(a) All hearings conducted pursuant to § 210.2(g) of the New York Civil Service Law shall be subject to the following rules.
  1. Notice. All persons who are entitled to a Taylor Law Hearing shall receive a notice that shall contain the following provisions:

   (1) a statement of the legal and jurisdictional authority for a hearing;

   (2) a statement of the pertinent legal and regulatory sections at issue;

   (3) a statement of the employee’s right to object to a determination of a Taylor Law violation;

   (4) a statement of the nature of the proceeding and the particular matter to be adjudicated;

   (5) a statement of the date(s) a Taylor Law violation was committed;

   (6) a statement of potential penalties that may be assessed;

   (7) a statement that the employee is entitled to representation by counsel or a union representative.

  1. The notice shall be served personally or by certified mail addressed to the last address the employee has filed with his or her agency’s personnel office.
  2. Where a hearing is required pursuant to § 210.2(g) of the New York Civil Service Law, the employee shall receive further notice of the time and place of the hearing.
  3. Hearing. Where an employee requests that a hearing pursuant to § 210.2(g) of the New York Civil Service Law, be held, such a hearing shall be held within a reasonable time. The hearing shall be conducted by a Hearing Officer assigned exclusively to perform adjudicative and related duties for the Department of Citywide Administrative Services, or by a designee of the Department who is authorized in writing by the Commissioner of Citywide Administrative Services to conduct hearings pursuant to the Taylor Law. Administrative Law Judges from OATH may be designated as Hearing Officers authorized by the Commissioner of Citywide Administrative Services to conduct hearings pursuant to the Taylor Law.

   (1) At the hearing, the employee shall be entitled to: be represented by counsel or union representative; call witnesses and cross-examine opposing witnesses; present oral and written arguments on the law and facts; issue subpoenas or request that a subpoena be issued, requiring attendance and the giving of testimony and/or the production of books, papers, documents, and other evidence. The issuance of subpoenas shall be governed by the New York Civil Practice Law and Rules.

   (2) Adherence to the formal rules of evidence is not required. Objections may be made to evidence, including testimony, and shall be noted in the record.

   (3) There shall be no ex parte communications between a party and the hearing officer.

   (4) The hearing shall be transcribed or recorded. Upon request, a copy of the transcript or record, or any part thereof. shall be made available and a copy shall be provided at reasonable cost.

  1. Burden of proof. The employee shall bear the burden of proof at the hearing in accordance with Civil Service Law § 210.2(g).
  2. Findings of fact. In all hearings conducted by the Department or a designee of the Commissioner of Citywide Administrative Services, the Hearing Officer shall make findings of fact and determine whether the employee has established that he or she did not violate Section 210 of the New York Civil Service Law. These findings and the determination shall be in writing and delivered to the Commissioner of Citywide Administrative Services within a reasonable time following the conclusion of the hearing. The Commissioner of Citywide Administrative Services shall then notify the employee of the Hearing Officer’s findings and determination.
  3. Appeals. The determination of the hearing officer may be appealed by any party by bringing a proceeding pursuant to Article 78 of the New York Civil Practice Law and Rules.

Chapter 13: [Filming and Photography Authorized By the Department]

§ 13-01 Scope.

These rules shall be applicable to all film and photography shoots and related activities conducted on properties and within facilities under the jurisdiction of, and with permission from, the Department of Citywide Administrative Services that shall be authorized by a permit issued by the Mayor’s Office of Film, Theatre and Broadcasting. Nothing contained herein shall preclude the requirement to comply with any other applicable law, rule or case law governing such activities.

§ 13-02 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

  1. Commissioner. “Commissioner” shall mean the Commissioner of the Department of Citywide Administrative Services (“DCAS”).
  2. Court properties or facilities. “Court properties or facilities” shall mean the interiors and exteriors of buildings under the jurisdiction of the New York State Unified Court System that are managed by DCAS, and shall include the property adjacent to such buildings that is under the jurisdiction of DCAS.
  3. DCAS Film Office. “DCAS Film Office” shall mean the unit of DCAS that oversees the filming, photography and related activities that are conducted on properties and within facilities under the jurisdiction of DCAS.
  4. Equipment. “Equipment” shall include, but not be limited to, television, photographic, film or videocameras or transmitting television equipment, including radio remotes, props, sets, lights, electric and grip equipment, dolly tracks, screens, or microphone devices, and any and all production related materials. “Equipment” shall not include (1) “hand-held devices,” as defined in 43 RCNY § 9-02 of the Mayor’s Office of Film, Theatre and Broadcasting Film Permit Rules, and (2) vehicles, as defined in section one hundred fifty-nine of the New York Vehicle and Traffic Law, that are used solely to transport a person or persons while engaged in the activity of filming or photography from within such vehicle, operated in compliance with relevant traffic laws and rules.
  5. Filming. “Filming” shall mean the taking of motion pictures, the taking of still photography or the use and operation of television cameras or transmitting television equipment, including radio remotes and any preparatory activity associated therewith, and shall include events that include, but are not limited to, the making of feature or documentary films, television serials, webcasts, simulcasts or specials.
  6. Holding. “Holding” shall mean the temporary accommodation of cast or crew members and other individuals associated with a production in a space in which filming is not taking place. “Holding” may include the space in which an independent company provides meals or catering services to cast or crew members and other individuals associated with a production.
  7. MOFTB Film Permit Rules. “MOFTB Film Permit Rules” shall mean the rules promulgated by the Mayor’s Office of Film, Theatre and Broadcasting (“MOFTB”), codified as Chapter 9 of Title 43 of the Rules of the City of New York, as amended from time to time.
  8. Permittee. “Permittee” shall mean the holder of a Required Permit issued by the Mayor’s Office of Film, Theatre and Broadcasting in accordance with 43 RCNY § 9-01 of the MOFTB Film Permit Rules.
  9. Photography. “Photography” shall mean the taking of moving or still images.
  10. Required Permit. “Required Permit” shall mean the permit for filming or photography issued by MOFTB in accordance with 43 RCNY § 9-01 of the MOFTB Film Permit Rules.
  11. Rigging/de-rigging. “Rigging/de-rigging” shall mean the loading in or loading out, loading or unloading, of any shooting or production related equipment, including, but not limited to, props, sets, electric and grip equipment, at any location, time and date where film or production is not occurring. Such term shall have the same meaning as the commonly used term “prepping/wrapping.”
  12. Scouting. “Scouting” shall mean the act of viewing, assessing and photographing locations for filming or photography during pre-production or production for, including, but not limited to, still photography, feature films, television series, mini-series or specials.
  13. Shooting. “Shooting” shall mean filming on properties, in the interiors or on exteriors of buildings or facilities under the jurisdiction of DCAS.

§ 13-03 Pre-Production Scouting.

(a)  Prior to conducting any scouting related activities on properties or within facilities under the jurisdiction of DCAS, a scouting permit shall be obtained from MOFTB.
  1. After a scouting permit is obtained from MOFTB, an appointment shall be scheduled with the DCAS Film Office to make arrangements for such scouting activities.
  2. If after conducting scouting related activities it is determined that a filming or photography project or production will be pursued, the scouting permit holder shall submit the documentation and resolve production issues described in 55 RCNY § 13-04.

§ 13-04 Required Documentation and Approvals from DCAS.

(a)  The following forms and documents, which are required for DCAS review and approval prior to obtaining a Required Permit from MOFTB, shall be submitted to the DCAS Film Office no later than four (4) business days prior to the date on which the prepping or rigging for film and/or photography shoots is sought to commence:

   (1) Completed “Properties and Facilities Under DCAS Jurisdiction Activity Approval Form” signed by the applicant;

   (2) DCAS “Letter of Intent” signed by the applicant;

   (3) “Prohibited Conduct” Memorandum signed by the applicant;

   (4) Accurate and updated information concerning an applicant’s forwarding postal address and, if available, an e-mail address, telephone number and facsimile number for purposes of receiving reimbursement notification from DCAS; and

   (5) Any other documents, including, but not limited to, equipment specifications and architectural renderings, that may be required by the DCAS Film Office. The Commissioner or his or her designee may approve an exception to the four (4) business day minimum time frame referenced in subdivision (a) of this section if the nature and scope of the activity to be undertaken support a request that a shorter time within which to submit requisite forms and documents be granted.

  1. In addition to reviewing the documentation required by subdivision (a) of this section, DCAS shall review and issue determinations concerning the following types of issues prior to completing the approvals necessary for MOFTB’s Required Permit:

   (1) Structural conditions, landmark status issues, equipment specifics, weight, load and other similar considerations.

   (2) The use of smoke, pyrotechnics, firearms, weapons, animals and other special effects or unusual scenes, which shall also be subject to all applicable laws, rules and   other governmental policies regarding such activities.

  1. Where appropriate, an applicant may be required to attend a security meeting with DCAS staff, depending on the nature and location of the activity to be undertaken.
  2. Determinations about all DCAS staffing matters, including decisions regarding the scope, type, number or level of staff required, shall be made by DCAS.
  3. The DCAS Film Office shall review the documentation provided in accordance with subdivision (a) of this section, and shall attempt to accommodate particular technical needs and any other special circumstances, including approvals from City agency tenants and DCAS engineers or other personnel, that may be presented by the applicant.
  4. Where the DCAS Film Office has approved an application, it shall notify MOFTB about such approval. DCAS shall also notify the applicant that they can proceed by submitting the documentation to MOFTB necessary for obtaining a Required Permit.

§ 13-05 Application for Required Permit from MOFTB.

(a)  A Required Permit shall be applied for and issued in accordance with the provisions of 43 RCNY § 9-02 of the MOFTB Film Permit Rules after the requisite DCAS documentation has been completed by the applicant and reviewed by DCAS; production issues have been resolved with DCAS; and DCAS approval has been received.
  1. A non-refundable fee of $3,200.00 shall accompany any application submitted to MOFTB for a Required Permit. Such fee shall be in the form of a certified bank check or money order, payable to the New York City Department of Finance.
  2. The fee required by this section shall be imposed for each instance in which prepping or rigging commences, is followed by shooting and/or photography for such production, and then is concluded by wrapping, de-rigging and/or related activities.

§ 13-06 Indemnification and Insurance Requirements.

(a)  Prior to the commencement of prepping or rigging for film and/or photography shoots on properties or within facilities under the jurisdiction of DCAS, a permittee shall provide to the DCAS Film Office a copy of insurance documentation and a copy of the Required Permit in order to obtain final DCAS authorization for such production.
  1. By obtaining a Required Permit from MOFTB, a permittee who is authorized to conduct film shoot and/or photography shoot activities on properties or within facilities under the jurisdiction of DCAS agrees to protect all persons and property from damage, loss or injury arising from any of the operations performed by or on behalf of such permittee, and to indemnify and hold harmless the City of New York, to the fullest extent permitted by law, from all claims, losses and expenses, including attorneys’ fees, that may result therefrom.
  2. A permittee who has been authorized by DCAS to conduct film shoot and/or photography shoot activities on properties or within facilities under the jurisdiction of DCAS, and has obtained a Required Permit from MOFTB, shall maintain, during the entire course of its operations, a liability insurance policy with a limit of not less than one million dollars ($1,000,000) per occurrence. Such policy shall name the City of New York as an additional insured with coverage at least as broad as provided by Insurance Services Office (ISO) form CG 20 12 (07/98 ed.). The permittee shall provide to MOFTB the original certificate of insurance signed in ink to which a copy of the required endorsement is attached. For currently enrolled film students, proof of insurance obtained through their school and proof of the student’s current attendance shall satisfy this requirement.
  3. If it is determined, in light of the activity for which a Required Permit has been sought, that such activity may increase the potential for injury to individuals and/or damage to property, and that the minimum limit of insurance should be higher than one million dollars ($1,000,000) per occurrence referenced in subdivision (c) of this section, it shall be determined what higher minimum limit is to be required and the permittee shall be advised of such higher limit. Factors to be considered shall include, but shall not be limited to, the number of people involved, the location of the activity and the nature of the activity. The permittee shall thereafter provide proof of such insurance in accordance with this section. Such determination may be appealed by written request to the Commissioner, who may reverse, affirm or modify the determination and provide a written explanation of his or her decision.

§ 13-07 Production Requirements.

(a)  Holding on properties and within facilities under the jurisdiction of DCAS is available only for those productions taking place on or within such properties or facilities, upon the approval of the Commissioner or his or her designee.
  1. DCAS shall provide security personnel to protect City property under its jurisdiction during production activities at non-court properties and facilities, the cost of which shall be reimbursed by the permittee.
  2. All individuals affiliated with the permittee and the production shall be required to present a valid, government-issued photo identification card to receive security clearance to have access to properties and facilities under the jurisdiction of DCAS where the production and related activities are taking place.
  3. All individuals affiliated with the permittee and the production shall wear a laminated identification card on non-court properties and within non-court facilities under the jurisdiction of DCAS. The identification cards shall be similar in form and include the name of the production. Failure to display such identification cards at all times may lead to ejection from such properties and facilities.
  4. All production equipment and props brought to properties and facilities under the jurisdiction of DCAS shall be subject to inspection at any time prior to or during the production.
  5. DCAS shall not be responsible for any injury to persons and/or damage or loss to any property on properties and within facilities under the jurisdiction of DCAS arising from any of the operations performed by or on behalf of the permittee.
  6. In addition to the fee referenced in 55 RCNY § 13-05 and any other costs identified in 55 RCNY § 13-08, a permittee requesting use of properties and facilities under the jurisdiction of DCAS for twenty-eight (28) days or longer shall be required to enter into an agreement providing for the payment of renting or leasing such space in an amount not to exceed $5,000.00 per month, in accordance with Administrative Code § 4-203(b).

§ 13-08 Post-Production Requirements.

(a)  A permittee is responsible for cleaning and restoring the properties and facilities under the jurisdiction of DCAS after the rigging, shooting and/or holding. The cost of any DCAS employee time incurred due to a permittee failing to clean and/or restore such properties and facilities following the rigging, shooting and/or holding shall be borne by the permittee and reimbursed to DCAS.
  1. Any fixtures, furniture, books, doors, windows, walls, and other structures and/or objects shall be returned to their original position and/or restored to their original condition by the permittee during the de-rigging, unless the permittee has obtained prior approval from the Commissioner or his or her designee. The permittee shall immediately remove any props used during the production from properties and facilities under the jurisdiction of DCAS. The permittee shall reimburse DCAS for any property and facility damage arising from such production activities.
  2. At the conclusion of all film and photography shoots, the permittee shall reimburse DCAS for all production related costs including, but not limited to, DCAS personnel costs contemplated by 55 RCNY § 13-04(d) and subdivision (a) of this section, and reimbursement for any property or facility damage in accordance with subdivision (b) of this section. If the permittee cancels any of its production related activities twenty-four (24) hours or less prior to the scheduled commencement of such activities on properties or within facilities under the jurisdiction of DCAS, the permittee may be subject to the reimbursement of costs for DCAS personnel assigned to staff such production.

Chapter 14: Security Guards at Nonpublic Schools

§ 14-01 Definitions.

As used in this chapter, the followings terms have the following meanings. Capitalized terms used in this chapter that are not specifically defined in this section have the same meanings set forth in Administrative Code § 10-172(a).

Commissioner. The term “Commissioner” means the Commissioner of the Department.

Department. The term “Department” means the Department of Citywide Administrative Services.

HHS Accelerator. The term “HHS Accelerator” means the office that facilitates, on behalf of the Department, the application process for nonpublic schools that seek to participate in the Reimbursement Program and the payment process for qualifying nonpublic schools that participate in the Reimbursement Program.

Reasonable Costs. The term “Reasonable Costs” means administrative expenses of a Security Guard Company, including overhead, profit, equipment, supplies and uniform expenses, which are deemed reasonable by the Department. Such reasonable expenses may not exceed twenty-five percent (25%) of the wages earned by the Security Guard Company’s Security Guards at any given school in any given quarter pursuant to the Reimbursement Program.

Reimbursement Program. The term “Reimbursement Program” means the nonpublic school security guard reimbursement program authorized by the Mayor pursuant to Administrative Code § 10-172(b).

School Security Administrator. The term “School Security Administrator” means a person, appointed by the Dean, Principal, Administrator or governing body of a qualifying nonpublic school that participates in the Reimbursement Program, who provides on-campus supervision to the Security Services provided pursuant to the Reimbursement Program.

§ 14-02 Security Guard Companies; Application for Inclusion on the Qualified Provider List.

(a) Application. Pursuant to Administrative Code § 10-172(d), the Department will seek to develop a Qualified Provider List of Security Guard Companies. A Security Guard Company that seeks inclusion on the Qualified Provider List must apply by completing an application on a form prescribed by the Department and must satisfy all provisions of this section. A Security Guard Company must answer all questions set forth in the application.

   (i) The application for inclusion on the Qualified Provider List shall be made continuously available on the Department’s website. A Security Guard Company may apply for inclusion on the Qualified Provider List at any time.

   (ii) In addition, the Department will publish invitations to apply for inclusion on the Qualified Provider List periodically in the City Record, but not less than twice per year. Upon each such publication, the Department will publish the invitation in five consecutive editions of the City Record and shall post the invitation on the Department’s website.

   (iii) Once created, the Qualified Provider List shall be made continuously available on the Department’s website.

  1. Qualifications. A Security Guard Company that seeks inclusion on the Qualified Provider List must meet the following requirements:

   (i) be fully licensed pursuant to Article 7-A of the New York State General Business Law and rules and regulations promulgated thereunder by the New York Secretary of State;

   (ii) be a responsible company as set forth in 55 RCNY § 14-02(e)(1);

   (iii) demonstrate a minimum of two (2) years prior experience as a Security Guard Company;

   (iv) demonstrate that it has exercised due diligence and has conducted a background investigation to verify the credentials of each Security Guard that it employs, pursuant to the requirements set forth in Article 7-A of the General Business Law;

   (v) ensure that each of its Security Guards holds a valid registration card, which has not expired or been revoked or suspended, pursuant to Article 7-A of the General Business Law; and

   (vi) be incorporated, a limited liability company, a person or firm at the time of its application for inclusion on the Qualified Provider List.

  1. The Department shall review all applications for compliance with the requirements set forth in these Rules. The Agency Chief Contracting Officer (“ACCO”) shall determine whether the application is responsive. A responsive application is one that complies with all material terms and conditions of the application, including providing required documentation.
  2. If the ACCO determines the application is not responsive, the ACCO will notify the Security Guard Company by electronic mail within 30 days of receipt of the application. If the Security Guard Company fails to respond with all material terms and conditions, including supplying required documentation, within 60 days of receipt of its application, the application may be denied as nonresponsive. A denial for non-responsiveness does not preclude the Security Guard Company from reapplying to the Department.
  3. The Qualified Provider List shall be comprised of responsible Security Guard Companies only. A Security Guard Company must affirmatively demonstrate its responsibility.

   (i) A responsible Security Guard Company is one which can perform fully the program requirements and also has the business integrity to justify the award of public tax dollars.

      (1) Factors affecting a Security Guard Company’s responsibility may include:

         A. financial resources;

         B. technical qualifications;

         C. experience;

         D. a satisfactory record of performance; and

         E. a satisfactory record of business integrity.

      (2) Failure of a firm to provide relevant information regarding the Security Guard Company’s responsibility specifically requested by the ACCO may be grounds for a determination of non-responsibility.

      (3) A Security Guard Company that has performed unsatisfactorily in the provision of services to the City shall be presumed to be non-responsible, unless the ACCO determines that the circumstances were beyond the company’s control or that the company has taken appropriate corrective action. Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of non-responsibility.

   (ii) Making the Responsibility Determination.

      (1) The ACCO shall use the following sources of information to support determinations of responsibility or non-responsibility:

         A. the VENDEX database of debarred, suspended, and ineligible contractors;

         B. VENDEX and other records of evaluations of performance, as well as verifiable knowledge of contracting and audit personnel;

         C. determinations of violations of employment-related federal, state, or local law or executive order, including but not limited to those relating to equal employment opportunity, prevailing wage, workplace health and safety, employee benefits, and employee wages and hours;

         D. information supplied by the Security Guard Company, including application information, financial data, and personnel information; and

         E. other sources, such as publications, suppliers, subcontractors and customers of the prospective contractor, financial institutions, other government agencies, and business and trade associations.

      (2) The ACCO may notify a Security Guard Company of unfavorable responsibility information and provide the Security Guard Company an opportunity to submit additional information or explain its actions before denying the Security Guard Company inclusion on the Qualified Provider List.

   (iii) Determination of Non-Responsibility Required.

      (1) If a Security Guard Company who otherwise would have been placed on the Qualified Provider List is found non-responsible, a determination of non-responsibility setting forth in detail and with specificity the reasons for the finding of non-responsibility shall be prepared by the ACCO.

      (2) A copy of the determination of non-responsibility shall be immediately sent to the Security Guard Company. Notice to the non-responsible Security Guard Company must be mailed no later than two business days after the determination of non-responsibility is made and must inform the Security Guard Company of the right to appeal the determination pursuant to subdivision h of this section. A copy of the determination of non-responsibility shall also be sent to the City Chief Procurement Officer.

      (3) The determination of non-responsibility shall be included in the VENDEX database.

  1. Upon the determination by the ACCO that an application meets the requirements set forth herein, the Department shall notify the applicant of its inclusion on the Qualified Provider List by regular and electronic mail within 90 days of receipt of its application. The Qualified Provider List will be reviewed periodically to ensure that providers continue to meet the necessary qualifications.
  2. At least once every two years, each Security Guard Company on the Qualified Provider List must affirm that there has been no change in the information included in its original application or must supply such changed information. Failure to supply such affirmation of no change will result in the Security Guard Company’s removal from the Qualified Provider List until the affirmation of no change or the updated information has been supplied to the Department. Any Security Guard Company that is removed from the Qualified Provider List and re-applies must also provide an affirmation of no change or updated information.
  3. A Security Guard Company must retain all certified payroll records, which verify that its Security Guards were paid at least the prevailing wages and supplements for unarmed security guards as determined by the Comptroller of the City of New York pursuant to New York State Labor Law § 234.
  4. Determination of Non-responsibility or Denial or Revocation of Qualification.

   (1) If the Department determines that a Security Guard Company is non-responsible or otherwise not qualified as a provider or the Department revokes such qualification, the Security Guard Company may appeal in writing to the Commissioner or the Commissioner’s designee within 10 days of receipt of the Department’s determination, denial, or revocation. Receipt of notice by the Security Guard Company shall be deemed to be no later than five days from the date of mailing or upon delivery, if delivered. Filing of the appeal shall be accomplished by actual delivery of the appeal document to the office of the Commissioner.

   (2) The written appeal by the Security Guard Company must briefly state all the facts or other basis upon which the Security Guard Company contests the Department’s determination, denial, or revocation. Supporting documentation must be included.

   (3) The Commissioner or the Commissioner’s designee shall consider the Security Guard Company’s appeal and shall make a prompt written decision no later than 60 days after receipt with respect to the merits of the Security Guard Company’s appeal. The determination of the Commissioner or the Commissioner’s designee shall be a final agency determination.

§ 14-03 Nonpublic Schools; Qualification for the Reimbursement Program.

(a) HHS Accelerator. Any nonpublic school in the City of New York (hereinafter "school") that seeks to participate in the Reimbursement Program must first create an account with HHS Accelerator and complete HHS Accelerator's business and service applications.
  1. Application.

   (i) After completing HHS Accelerator’s business and service applications, a school may access the application to participate in the Reimbursement Program. The application will be on a form prescribed by the Department and will be accessed through HHS Accelerator. For the 2017-2018 school year, and for any subsequent school year in which the Reimbursement Program is authorized, the deadline to submit a completed application is May 15. This deadline applies to both new and existing schools that wish to participate in the Reimbursement Program. The Department will use such application to determine whether a school is qualified to participate in the Reimbursement Program.

   (ii) The application will require the school to provide the number of students enrolled at the school, which may include pre-kindergarten students who will be four years of age on or before December 1, or who will otherwise be eligible to attend kindergarten in the following school year. To participate in the Reimbursement Program a school must be a Qualifying Nonpublic School pursuant to Administrative Code § 10-172(a) and must enroll at least 300 students. The Department will verify all enrollment information with the New York State Education Department as reported by the school on the Basic Educational Data Systems (“BEDS”) Nonpublic Schools Report for the school year for which the nonpublic school is seeking reimbursement. A school’s BEDS enrollment number is considered final for the corresponding school year.

   (iii) All questions regarding the submission, uploading, or retention of documents in connection with the application must be submitted to HHS Accelerator.

  1. Response. The Department will respond, by regular and electronic mail, to each school that submits an application within 30 business days of the submission of the application. The response will state whether the school qualifies to participate in the Reimbursement Program.
  2. Denial or Revocation of Qualification.

   (i) If the Department determines that a school is not qualified to participate in the Reimbursement Program or revokes such qualification, the school may appeal in writing to the Commissioner or the Commissioner’s designee within 10 days of receipt of the Department’s denial or revocation. Receipt of notice by the nonpublic school shall be deemed to be no later than five days from the date of mailing or upon delivery, if delivered. Filing of the appeal shall be accomplished by actual delivery of the appeal document to the office of the Commissioner.

   (ii) The written appeal by the school must briefly state all the facts or other basis upon which the school contests the Department’s denial or revocation. Supporting documentation must be included.

   (iii) The Commissioner or the Commissioner’s designee shall consider the school’s appeal and shall make a prompt written decision no later than 60 days after receipt with respect to the merits of the appeal. The determination of the Commissioner or the Commissioner’s designee shall be a final agency determination.

§ 14-04 Nonpublic Schools; Memorandum of Understanding.

If the Department notifies a school that it qualifies to participate in the Reimbursement Program, the Department shall also provide a Memorandum of Understanding (“MOU”) regarding the school’s participation in the Reimbursement Program. Each school must enter into a MOU with the City of New York, acting by and through the Department, before the school may receive funds through the Reimbursement Program. Upon execution of the MOU, such MOU shall take effect in accordance with applicable law.

§ 14-05 Nonpublic Schools and Security Guard Companies; Program Administration.

(a) Start Date. A school may seek reimbursement from the Department for the cost of Security Services beginning on the first day of classes in the school year for which the Reimbursement Program has been authorized or the date the Department determines that the School is qualified to participate in the reimbursement program, whichever is later.
  1. Qualified Providers. If the Qualified Provider List contains three (3) or more Security Guard Companies on the date of the execution of the MOU between the Department and a school, the school must retain a Security Guard Company from the Qualified Provider List in order for the cost of its Security Services to be eligible for reimbursement. If the Qualified Provider List contains fewer than three (3) Security Guard Companies at such time, the school may retain any Security Guard Company that is licensed pursuant to Article 7-A of the General Business Law and complies with all applicable labor and employment laws.
  2. Insurance Requirements. Upon retention by the school of a Security Guard Company from the Qualified Provider List or a Security Guard Company licensed pursuant to Article 7-A of the General Business Law, the Security Guard Company must maintain throughout the term of its agreement with the school commercial general liability (“CGL”) insurance, which shall:

   (i) be issued by a company that may lawfully issue the CGL policy. The company must have an A.M. Best rating of at least A-/VII or a Standard & Poor’s rating of at least A;

   (ii) insure the Security Guard Company, the school, and the City of New York and protect them from any claims for injury (including death) or property damage that may arise from or allegedly arise from operations under the agreement with the school

   (iii) provide coverage of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate;

   (iv) provide coverage at least as broad as that provided in the most recently issued edition of Insurance Services Office (“ISO”) Form CG 00 01 and be “occurrence” based rather than “claims-made”; and

   (v) name the school and the City of New York as an Additional Insured with coverage at least as broad as the most recent edition ISO Form CG 2026.

      (1) The Security Guard Company shall provide the endorsement(s) naming the school and the City as an Additional Insured and proof of CGL insurance by submission of a certificate of insurance that:

         A. satisfies the requirements of this rule;

         B. identifies the insurance company that issued such insurance policy, the policy number, limit(s) of insurance, and expiration date; and

         C. is accompanied by a sworn statement in a form prescribed by the Department from a licensed insurance broker or agent certifying that the certificate of insurance is accurate in all material respects.

      (2) A Security Guard Company must ensure that its policies are current and is required to submit an updated certificate of insurance and certification by broker or agent within five days of the expiration date of the current policy.

      (3) A Security Guard Company shall maintain workers’ compensation insurance, disability benefits insurance and employer’s liability insurance in accordance with the laws of the State of New York on behalf of, or with regard to, all employees providing services to a school, and must produce proof of such coverage within 10 days of its retention by the school, or upon demand by the Department. Satisfactory proof shall mean:

         A. C-105.2 Certificate of Workers’ Compensation Insurance;

         B. U-26.3 – State Insurance Fund Certificate of Workers’ Compensation Insurance;

         C. Request for WC/DB Exemption (Form CE-200);

         D. Equivalent or successor forms used by the New York State Workers’ Compensation Board; or

         E. Other proof of insurance in a form acceptable to the City.

  1. School Security Administrator. The School Security Administrator shall be responsible for the daily administration of Security Services provided at the school, including decisions regarding the selection, retention, and replacement of Security Guards. The School Security Administrator must report the misconduct of a Security Guard to the administration of the school. The School Security Administrator may report any concerns regarding a Security Guard Company to the Department.
  2. Requirements of Security Guard Companies. A Security Guard Company that is retained to provide Security Services must:

   (i) furnish distinctive, appropriate, and complete uniforms to each Security Guard assigned to such school. All Security Guards must report for duty wearing a complete uniform;

   (ii) ensure that each Security Guard assigned to the school has satisfactorily completed training programs in compliance with Section 89-n of Article 7-A of the General Business Law and 55 RCNY § 14-06;

   (iii) ensure that each Security Guard assigned to the school has no physical conditions that would hamper the performance of assigned duties;

   (iv) ensure that each Security Guard assigned to the school is physically able to wear all protective equipment, and has been properly trained in the use of such protective equipment;

   (v) ensure that each Security Guard assigned to the school has the ability to understand, speak, write and be understood in English.

   (vi) ensure that each Security Guard assigned to the school wears and displays an identification card and New York State Guard License prominently while on duty;

   (vii) furnish communication systems and accessories for use at each school. Such systems and accessories must be provided in sufficient quantities to ensure that there is at least one operable, fully charged radio and case for each guard on each shift. All security personnel assigned to a school must report for duty bearing all assigned equipment. The School Security Administrator must approve all equipment prior to use. Such systems and accessories must:

      (1) permit each guard to communicate with the School Security Administrator and any other guards assigned to the school; and

      (2) be licensed by the Federal Communication Commission on a business or public safety band.

  1. Incident Reporting.

   (i) Each Security Guard assigned to the school must document criminal activity and other significant incidents related to public safety that occur while the Security Guard is on duty. Each school is responsible for maintaining such documentation and for promptly reporting criminal activity to the New York City Police Department and other significant incidents related to public safety to any other government agency, where appropriate.

   (ii) The School Security Administrator must submit an annual report to the Department that summarizes all criminal activity and other significant incidents related to public safety that are documented by its Security Guards.

§ 14-06 Security Guard Companies; Training.

(a) Security Guard Companies must ensure that all Security Guards receive training pursuant to the Article 7-A, Section 89-n of the General Business Law. Consistent with such requirements, a Security Guard must receive:

   (i) On-the-Job Training: A minimum of 16 hours of training that specifically addresses, but is not limited to, the provision of security services to youths and in school environments; and

   (ii) Refresher Training: During each year that a Security Guard takes part in the Reimbursement Program, such Security Guard must complete a minimum of 8 hours of training that specifically addresses the provision of security services to youths and in school environments.

  1. Security Guard Companies must maintain current records for each Security Guard regarding the training that such guard has completed. The school may request a copy of such records at any time.
  2. Nothing contained in this section shall preclude a school from requiring additional training suited to its particular needs. However, such additional training will not be eligible for reimbursement to the schools.

§ 14-07 Nonpublic Schools; Allowable Costs and Reimbursements.

(a) Number of Guards.

   (i) A school that enrolls between 300 and 499 students may be reimbursed for Allowable Costs with regard to one (1) Security Guard; a school that enrolls between 500 and 999 students may be reimbursed for Allowable Costs with regard to two (2) Security Guards; and a school may be reimbursed for Allowable Costs with regard to an additional Security Guard for each additional 500 students enrolled in such school. Reimbursement for the Security Services provided by each Security Guard during periods of school-related instruction or school-related events may include the cost of different individuals providing Security Services at different times.

   (ii) When calculating the number of students enrolled at a school, each school that has been assigned a code by the New York State Education Department will be considered distinct. The number of students at schools with distinct codes, even if such schools are contractually or otherwise related, will not be considered for the purposes of determining the number of guards pursuant to this subdivision.

   (iii) The Department will adjust payments, including recoupment, based on verification of the school’s enrollment information by the New York State Education Department.

  1. Wages. The Department shall reimburse for Security Services only if each Security Guard is paid on an hourly basis no less than the prevailing wage and supplements in the City for unarmed guards as determined by the Comptroller of the City of New York pursuant to New York State Labor Law § 234.
  2. School-Related Instruction and Events. The Department shall reimburse for Security Services provided during school-related instruction or school-related events. School-related events shall not include private functions or activities that are not primarily directed to students. Schools are required to maintain records containing a description of school-related events for which reimbursement is requested.
  3. Overtime. The Department shall reimburse for overtime costs for Security Services provided during school-related instruction and school-related events that do not exceed fifteen percent of the non-overtime wages of Security Guards reimbursed to the school during any given quarter.
  4. Reasonable Costs. Each Security Guard Company may charge Reasonable Costs to each school for administrative expenses. The Department shall reimburse the school for such costs.
  5. Payments. The Department shall provide reimbursements on a quarterly basis after receiving satisfactory proof from the school of compliance with the requirements set forth in these Rules. Satisfactory proof must be submitted through HHS Accelerator, and must include, but not be limited to, certified invoices, payroll records, timesheets, and work assignment data from Security Guard Companies and, when applicable, an annual report of incidents as required by 55 RCNY § 14-05(f). All invoices must be signed by an authorized signatory, or their successor, identified in the application submitted by each school.
  6. Budget. If the Department anticipates that schools will submit reimbursement claims in excess of available funds for a given school year, the Department shall reimburse each school on an equitable basis until such funds are exhausted. The Department will notify each school promptly if such a determination is made.

§ 14-08 Nonpublic Schools; Compliance and Auditing.

(a) Records Retention. Each school must retain all records supporting its reimbursement claims for seven (7) years. Such records include, but not are not limited to, invoices, payroll records, timesheets, and work assignment data from Security Guard Companies and annual reports of incidents as required by 55 RCNY § 14-05(f).
  1. Submission of Records. Each school must submit all records supporting its reimbursement claims through HHS Accelerator including, but not limited to, certified payroll records, invoices, and time sheets, which include the name, address, and unique employee identification number of each Security Guard.
  2. Audit. Each school must make available all records supporting its reimbursement claims for auditing and inspection by DCAS Internal Audit and Compliance Unit (“IA”) and/or its contractors upon demand with five (5) days prior written notice. The school must produce any and all original books, reports, financial statements, vouchers, records, payroll records, time sheets, and work assignment data pertaining to the reimbursement claims, whether those documents are maintained in hard copy or electronically. Such records must be made available for inspection at the offices of the Department or on the premises of the school. The school must gather any and all documents pertaining to its reimbursement claims, including, but not limited to, documents describing school-related activities at which Security Services were provided.
  3. Visits to Schools. IA may visit the school to review records and interview staff, contractors, and subcontractors in furtherance of IA’s audit of the reimbursement claims. The school must cooperate with IA during such visits. These visits may be unannounced.
  4. Records Review. IA may review documents on the premises of the school and may make and remove copies of records for auditing purposes.
  5. Findings. IA shall report the findings of its audit and recommendations to the Department for any action it deems appropriate. A school’s failure to comply with these Rules may result in disqualification from the Reimbursement Program. The Department may, in its sole discretion, share the findings of the audit with the school or other government entities. Nothing set forth herein shall limit the ability of the Comptroller of the City of New York or the New York City Department of Investigation to obtain and review a school’s records.

Appendix A: Personnel Rules and Regulations of the City of New York

RULE I - DEFINITIONS

RULE II - APPLICABILITY AND ADMINISTRATION

SECTION I – PERSONNEL ADMINISTRATION

2.1.(a) The commissioner of citywide administrative services shall have the power to promulgate rules and regulations relating to the personnel policies, programs and activities of city government in furtherance of and consistent with state civil service law and chapter 35 of the New York City charter.

  1. The commissioner of citywide administrative services 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 chapter 35 of the New York City charter assigned to the mayor, the city civil service commission or the heads of agencies.
  2. The heads of agencies shall have the powers and duties of personnel management as provided for in chapter 35 of the New York City charter.

SECTION II – RULES

2.2.These rules shall have the force and effect of law.

SECTION III – REGULATIONS

2.3.The commissioner of citywide administrative services shall have power to adopt suitable regulations to carry out the provisions of the civil service law, the New York City charter and the rules.

SECTION IV – GENERAL ADMINISTRATION AND ENFORCEMENT

2.4.(a) The commissioner of citywide administrative services shall have the authority and responsibility in the administration and enforcement of the rules and regulations prescribed thereunder and shall possess the powers and duties assigned to the commissioner of citywide administrative services pursuant to the provisions of chapter 35 of the New York City charter.

  1. The commissioner of citywide administrative services shall prescribe directives and orders for the instruction of the staff of the department of citywide administrative services and for the execution of the rules and regulations and wherever practicable, shall prescribe forms for all applications, certifications, reports, records and returns required thereunder.

SECTION V – APPLICABILITY

2.5.These rules shall apply to all offices and positions in the classified service of the city including offices and positions in the New York City housing authority, New York City transit authority, triborough bridge and tunnel authority, New York City board of education, and the offices of all district attorneys and all public administrators within the City of New York.

SECTION VI – RULE CHANGES; CALENDAR

2.6.(a) No proposed amendment, modification or addition to the rules shall be acted upon until public notice thereof shall be given in a designated newspaper for not less than three days prior to a public hearing thereon. Such notice shall set forth the proposal; but notice and public hearing shall not be necessary where the purpose of the proposed amendment, modification or addition is to conform with a change in a statute.

  1. Certified copies of all duly adopted amendments, modifications or changes of rules shall be transmitted to the offices of the secretary of state, the corporation counsel, the city clerk and to said designated newspaper for publication. Certified copies of all duly adopted regulations shall be transmitted to all of the foregoing except the office of the secretary of state.
  2. The commissioner of citywide administrative services shall cause to be published in said designated newspaper, as the commissioner of citywide administrative services may determine, those minutes of general interest or broad application appearing as items in the calendar. Copies of the entire calendar shall be maintained for public inspection at the office of the department of citywide administrative services.
  3. If one year after the date of the public hearing held to consider approval of a change of a rule of the commissioner of citywide administrative services (as provided for by section 20 of the New York State civil service law) either the commissioner of citywide administrative services or the mayor of the City of New York or the state civil service commission has not acted upon the matter, the resolution shall automatically be deemed withdrawn unless the period of consideration is extended by an official action of the commissioner of citywide administrative services.

SECTION VII – NON-DISCRIMINATION; EQUAL OPPORTUNITY

2.7. There shall be no unlawful discrimination in city employment on the basis of race, sex, age, religion, national origin or disability, and equal opportunity in employment shall be ensured and promoted in the administration of personnel.

SECTION VIII – CONTINUITY AND PRESERVATION

2.8. Any resolutions, equivalency tables, terminal dates, restrictions, terms and conditions, and regulations in connection with the rules of classification in force and effect immediately prior to the effective date of these rules, shall continue to be in force and effect to the extent theretofore provided under the provisions of these rules, unless otherwise provided herein.

RULE III - JURISDICTIONAL CLASSIFICATION

SECTION I – THE EXEMPT CLASS

The exempt class shall include all offices and positions in the classified service enumerated in section forty-one of the civil service law and all other subordinate offices or positions for the filling of which competitive or non-competitive examination shall be found by the commissioner of citywide administrative services to be not practicable.

SECTION II – THE NON-COMPETITIVE CLASS

The non-competitive class shall include all positions that are not in the exempt or labor class and for which it is found by the commissioner of citywide administrative services not to be practicable to ascertain the merit and fitness of applicants by competitive examination.

SECTION III – THE LABOR CLASS

(a) The labor class shall comprise all unskilled laborers in the classified service as are not classified in the competitive or non-competitive class.
  1. The commissioner of citywide administrative services shall prescribe the requirements and tests to be held for positions in the labor class.

SECTION IV – THE COMPETITIVE CLASS

The competitive class shall include all positions for which it is practicable to determine the merit and fitness of applicants by competitive examination and shall include all positions now existing or hereafter created, of whatever functions, designations, or compensation, except such positions as are in the exempt class, the non-competitive class or the labor class.

RULE IV - EXAMINATION PROCEDURES, VETERANS PREFERENCE, ELIGIBLE LISTS AND CERTIFICATION

SECTION I – GENERAL EXAMINATION PROCEDURES

(a) The commissioner of citywide administrative services shall conduct examinations for such positions as may be necessary to anticipate the needs of the city service.
  1. The head of an examining agency shall conduct non-written promotion examinations for such positions in the agency as may be necessary to anticipate the needs of the agency.
  2. The provisions of this section shall apply to examinations conducted by the department of citywide administrative services and by examining agencies.

SECTION II – APPLICATIONS AND RECRUITMENT

(a) The standard application forms for examinations shall be furnished by the commissioner of citywide administrative services or examining agency without charge to all persons requesting the same.
  1. An applicant shall state upon the prescribed form such information as is required including the applicant’s background, experience and qualification for the position sought and merit and fitness for the public service. Applications shall be subscribed by the applicant and shall contain a declaration that the statements are made subject to the penalties of perjury.
  2. The personal history form or other prescribed form provided in connection with the investigation of an applicant shall be deemed a part of the application.

SECTION III – DISQUALIFICATION OF APPLICANTS OR ELIGIBLES

(a) The commissioner of citywide administrative services, upon investigation of applicants for positions in the civil service or review of their qualifications, may refuse to examine an applicant or after examination refuse to certify or refuse to permit the certification of an eligible for reasons and in the manner prescribed by law or these rules.
  1. Investigation of the qualifications and background of an eligible may be made after appointment and, upon finding facts which, if known prior to appointment, would have warranted disqualification, or upon a finding of illegality, irregularity or fraud of a substantial nature in the eligible’s application, examination or appointment, the certification of such eligible may be revoked by the commissioner of citywide administrative services and the employment directed to be terminated, provided, however, that no such certification shall be revoked or appointment terminated more than three years after it is made, except in the case of fraud.
  2. No person shall be disqualified by the commissioner of citywide administrative services unless such person has been given a written statement by the commissioner of citywide administrative services of the reasons therefor and afforded an opportunity to make an explanation and to submit facts in opposition to such disqualification. An examining agency’s determination of eligibility of candidates for such agency’s non-written promotion examination shall be subject to the provisions of 8.2.2 and 8.2.3 of these rules.
  3. Agencies shall assist the department of citywide administrative services in investigations in the manner prescribed by the commissioner of citywide administrative services.

SECTION IV – ADMINISTRATION AND RATING OF EXAMINATIONS

The provisions of this section shall apply to examinations conducted by the department of citywide administrative services and by examining agencies.

SECTION V – ADDITIONAL CREDIT ON COMPETITIVE EXAMINATIONS FOR VETERANS AND DISABLED VETERANS

(a) A veteran or disabled veteran who elects to claim additional credit as provided in the civil service law, shall so notify the commissioner of citywide administrative services and establish by appropriate documentary evidence eligibility for such additional credit.
  1. No such claim shall be accepted as approved which has not been filed prior to the establishment of the eligible list. However, such timely claim may, prior to appointment, be amended to reflect the disabled or non-disabled veteran status recognized by the veterans administration at the time the list was established.

SECTION VI – ELIGIBLE LISTS

(a) The provisions of this section shall apply to examinations conducted by the department of citywide administrative services and by examining agencies.
  1. The results of each examination shall be reported by the assistant commissioner for civil service administration or by the head of the examining agency, as the case may be, to the commissioner of citywide administrative services and the names of the candidates passing such examination shall be listed in the order of their respective final examination ratings. The names of disabled and non-disabled veterans who have duly established claims to additional credits shall be reported in the manner prescribed by law.
  2. The list thus reported shall be officially established only by order of the commissioner of citywide administrative services. The date prescribed in such order shall be the date of such establishment.

SECTION VII – CERTIFICATION OF ELIGIBLE LISTS AND SELECTION THEREFROM

(a) The provisions of this section shall apply to the certification of eligible lists by the commissioner of citywide administrative services or, in the case of classes of positions unique to an agency, the certification of eligible lists for such classes by the agency head.
  1. Appointments or promotions shall be made from the established list most nearly appropriate for the position to be filled, as determined by the commissioner of citywide administrative services.
  2. Appointment or promotion from an established eligible list to a position in the competitive class shall be made by the selection of one of the three persons certified by the commissioner of citywide administrative services or the head of the certifying agency, as the case may be, as standing highest on such established list who are qualified and willing to accept such appointment or promotion. Where applicable, such selection shall be made as provided for in paragraph 4.4.12 of these rules.
  3. The rating of each eligible shall be stated in the certification.
  4. The agency head may review the examination application and records of each certified eligible at the office of the department of citywide administrative services.

SECTION VIII – DECLINATION OF APPOINTMENT

The provisions of this section shall apply to appointments from established eligible lists certified by the commissioner of citywide administrative services or by the head of a certifying agency.

RULE V - APPOINTMENTS AND PROMOTIONS

SECTION I – APPOINTMENTS AND PROMOTIONS GENERALLY

No person shall be appointed, promoted or employed under any title not appropriate to the duties to be performed and, except upon assignment by proper authority during the continuance of a temporary emergency situation, no person shall be assigned to perform the duties of any position unless duly appointed, promoted, transferred or reinstated to such position in accordance with the law and rules prescribed therefor. No credit shall be granted in a promotion examination for out- of-title work.

SECTION II – PROBATIONARY TERMS

(a) Every appointment and promotion to a position in the competitive or labor class shall be for a probationary period of one year unless otherwise set forth in the terms and conditions of the certification for appointment or promotion as determined by the commissioner of citywide administrative services. Appointees shall be informed of the applicable probationary period.
  1. Every original appointment to a position in the non-competitive or exempt class shall be for a probationary period of six months unless otherwise set forth in the terms and conditions for appointment as determined by the commissioner of citywide administrative services. Appointees shall be informed of the applicable probationary period. However, such probationary period may be terminated by the commissioner of citywide administrative services or by the agency head before the end of the probationary period, and the appointment shall thereupon be deemed revoked. Nothing herein shall be deemed to grant permanent tenure to any non-competitive or exempt class employee.

SECTION III – PROMOTIONS

(a) Except as otherwise provided, promotion examinations and promotions shall be governed by the rules relating to original appointments.
  1. The provisions of this section shall apply to promotion examinations conducted by the department of citywide administrative services and to non-written promotion examinations conducted by examining agencies.

SECTION IV – TEMPORARY APPOINTMENTS

(a) A temporary appointment for a period not exceeding three months, where the need therefor is important and urgent, may be made without regard to existing eligible lists.
  1. A temporary appointment for a period exceeding three months but not exceeding six months may be made by the selection of a person from an appropriate eligible list, if available, without regard to the relative standing of such person on such list.
  2. Any further temporary appointment beyond such six-month period or any temporary appointment originally made for a period exceeding six months shall be made by the selection of an appointee from among those graded highest on an appropriate eligible list, if available, upon certification thereof by the commissioner of citywide administrative services to the agency head in the manner prescribed in the rules for certification and appointment from eligible lists, provided however, that:

   (1) such appointee may be withheld from certification at the request of the agency head for a period of four months or for the duration of such employment, whichever period is shorter.

   (2) This limitation, however, shall not apply during the last four months of the life of such eligible list.

  1. The head of a certifying agency shall certify eligible lists for classes of positions unique to the agency pursuant to the provisions of this section and shall report thereon as prescribed by the commissioner of citywide administrative services.

SECTION V – PROVISIONAL APPOINTMENTS

Whenever there is no appropriate eligible list available for filling a vacancy in the competitive class, the agency head may nominate a person to the commissioner of citywide administrative services for non-competitive examination, and:

  1. if such nominee shall be certified by the commissioner of citywide administrative services as qualified after such non-competitive examination, the nominee may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination;
  2. such non-competitive examination may consist of a review and evaluation of the training, experience and other qualifications of the nominee without written, oral or other performance tests.

SECTION VI – SEASONAL APPOINTMENTS

All positions in the competitive class, where the nature of the service is such that it is not continuous throughout the year, but recurs in each successive calendar year, may be designated by the commissioner of citywide administrative services as seasonal positions and appointments thereto shall be designated as seasonal appointments.

SECTION VII – EXCEPTIONAL APPOINTMENTS

(a) The commissioner of citywide administrative services may authorize a temporary appointment, without examination, when the person appointed will render professional, scientific, technical or other expert services:

   (1) on an occasional basis; or

   (2) on a full-time or regular part-time basis in a temporary position established to conduct a special study or project for a period not exceeding eighteen months.

  1. Such appointment may be authorized only in a case where because of the nature of the services to be rendered and the temporary or occasional character of such services it would not be practicable to hold an examination of any kind.

SECTION VIII – TRAINEE OR AIDE APPOINTMENTS

The commissioner of citywide administrative services may require that permanent appointments to designated positions in the competitive class shall be conditioned upon the satisfactory completion of a period of service as a trainee or aide in an appropriate lower, trainee or aide position in such class and/or, where required, the completion of specified formal courses of training.

  1. The period of such trainee or aide service shall be prescribed and set forth in the announcement of examination.
  2. Upon the satisfactory completion of such trainee or aide service and/or of specified formal courses of training, as the case may be, an appointee shall attain permanent status in the designated position.
  3. Any trainee or aide appointment shall be subject to such probationary term as is prescribed in the rules.
  4. The employment of such trainee or aide may be terminated at the end of the period of the trainee or aide service, or at any time within such period, if the trainee’s or aide’s conduct, capacity or fitness is not satisfactory or if such person fails to pursue or to continue satisfactorily such formal courses as may be required, provided, however, that the announcement of examination shall set forth appropriate information relative to such termination.

RULE VI - PERSONNEL CHANGES

SECTION I – TRANSFERS

Except as provided in paragraph 6.1.9 of this section, an employee shall not be transferred to a position for which there is required an examination involving essential tests or qualifications different from or higher than those required for the position held by such employee.

SECTION II – REINSTATEMENTS

(a) An employee who has completed a probationary term in a permanent position in the competitive or labor class, and who has resigned or retired therefrom may be reinstated with the approval of the commissioner of citywide administrative services to:

   (1) the position from which the employee has resigned or retired, if vacant, or to any similar vacant position in the agency in which the employee was employed; or

   (2) to a position in another agency to which the employee would have been eligible for transfer.

  1. Such reinstatement may be made only if the separation from employment was without fault or delinquency on the employee’s part and the head of the agency to whom the employee has applied for such reinstatement is willing to reinstate the employee.

SECTION III – VOLUNTARY DEMOTIONS

No permanent competitive class employee shall be demoted unless such employee consents thereto in writing. The agency head concerned shall transmit to the commissioner of citywide administrative services such consent together with a statement of the reasons therefor. This paragraph shall not be applicable to penalties of demotion resulting from disciplinary proceedings.

SECTION IV – REMOVAL AND OTHER DISCIPLINARY ACTION

Where a person has been removed from a position for cause, a copy of the reasons therefor together with a copy of the proceedings thereon shall be transmitted to the department of citywide administrative services.

SECTION V – ABOLITION OF POSITION, SUSPENSION, DEMOTION, PREFERRED LISTS

The suspension or demotion of competitive class employees upon the abolition or reduction of positions shall be governed by the provisions of section eighty of the civil service law.

SECTION VI – EDUCATIONAL LEAVE OF ABSENCE UNDER THE MILITARY LAW

In the event an employee on an educational leave of absence pursuant to the military law is on an eligible list and is certified but passed over for appointment from such a list during the period of absence, such employee shall not be charged with the certification.

RULE VII - GENERAL PERSONNEL ADMINISTRATION

SECTION I – MAINTENANCE OF ROSTERS, ADDRESSES AND RECORDS

The department of citywide administrative services shall maintain an official roster of the classified service, setting forth in detail the employment listing of each employee and each change of status from the time the employee enters service until separation therefrom.

SECTION II – CERTIFICATION OF PAYROLLS

Payrolls shall not be certified except upon declaration by the agency submitting them to the commissioner of citywide administrative services that the persons named therein are employed in their respective positions in accordance with law and the rules and regulations adopted pursuant thereto. The payroll of any person whose employment is in contravention of the foregoing provision shall not be certified by the commissioner of citywide administrative services.

SECTION III – POSITION CLASSIFICATION AND ALLOCATION

(a) The commissioner of citywide administrative services shall, in accordance with the law and rules, duly classify and reclassify positions in the city service and shall prescribe regulations and procedures therefor.
  1. Agencies shall participate, in accordance with the provisions of this paragraph, with the department of citywide administrative services in job analyses for classification of positions and shall assist in setting the minimum requirements therefor.

SECTION IV – MANAGEMENT SERVICE [RESERVED]

Each agency shall establish and administer a performance evaluation program for sub-managerial employees in accordance with these rules or as prescribed by the commissioner of citywide administrative services in the regulations or procedures. Such programs shall be subject to approval by the commissioner of citywide administrative services.

SECTION VI – PERSONNEL PROGRAMS FOR EMPLOYEE INCENTIVES AND RECOGNITION, TRAINING AND SAFETY

(a) The commissioner of citywide administrative services shall administer citywide employee incentive and recognition programs.
  1. Agency plans and programs for agency employee incentive and recognition shall be prepared and submitted to the commissioner of citywide administrative services for approval in accordance with the regulations or as otherwise prescribed by the commissioner of citywide administrative services.

SECTION VII – EQUAL EMPLOYMENT OPPORTUNITY

Equal employment opportunity programs administered by the department of citywide administrative services and by agencies shall ensure and promote equal opportunity in employment.

RULE VIII - APPEALS

SECTION I – DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES ACTIONS

(a) Except as otherwise provided by resolution or regulation of the commissioner of citywide administrative services, whenever a claim of manifest error or mistake is made, such claim shall be referred to a committee on manifest errors. This committee shall consist of three qualified persons designated as members thereof by the commissioner of citywide administrative services, which committee shall either have as a member or consult with an expert in the subject matter with which such claim is concerned. A claim of manifest error or mistake shall open for review the candidate’s answers to all the questions in the examination. Such review may result in a higher or lower final rating.
  1. Such committee shall inquire into the merits of each claim and shall submit the signed determination of each member as to whether or not there has been a manifest error or mistake together with such correction or remedy, if any, as may be recommended.
  2. Except as hereafter provided, such claim of manifest error or mistake must be made in writing by the candidate within one month from the date of notice to the candidate of the results of such examination, tests, subjects or parts thereof.
  3. Whenever a claim of manifest error or mistake is made in connection with the rejection of a candidate because the candidate has failed to meet the preliminary requirements of such examination, such claim must be made in writing by the candidate within two weeks following the date upon which notice was transmitted to the candidate of such rejection.
  4. Whenever a claim of manifest error or mistake is made by a person on an eligible list who has been rejected after investigation because such person has failed to meet the preliminary requirements of such examination, such claim must be made in writing by the person within two weeks following the date upon which notice was transmitted to the person of such rejection.
  5. Any correction of manifest error or mistake shall be without prejudice to the status of any person previously appointed from the eligible list resulting from such examination. However, if, as a result of any correction of manifest error or mistake, an eligible on a list or any person appointed from such list is found to have failed the examination, any such eligibility or appointment shall be cancelled and revoked forthwith, and notice of such action shall be sent to the eligible or appointee. The right to cancel and revoke for the reasons set forth herein shall not apply where an appointee has served satisfactorily for a period of at least one year after appointment to such position.

SECTION II – AGENCY ACTIONS - APPEALS TO THE COMMISSIONER OF CITYWIDE ADMINISTRATIVE SERVICES

A person aggrieved by the following agency actions or determinations may submit an appeal to the commissioner of citywide administrative services:

  1. the allocation of an individual position to an existing civil service title with respect to whether the duties and responsibilities of the individual position so allocated are in conformance with the duties and responsibilities of such title;
  2. the administration and certification of eligible lists for classes of positions unique to the agency by a certifying agency;
  3. except as otherwise provided in paragraph 8.2.3 of this section, the scheduling and conduct of non-written promotion examinations by an examining agency.

SECTION III – CITY PERSONNEL DIRECTOR OR AGENCY ACTIONS-APPEALS TO THE CITY CIVIL SERVICE COMMISSION (Deleted 10/30/81)

The commissioner of citywide administrative services shall audit the performance by agencies of their personnel management functions, and may reverse or rescind any agency personnel action or decision taken pursuant to an assignment or delegation of authority under chapter 35 of the New York City charter, upon a finding of abuse, after notification to the agency and an opportunity to be heard.

SECTION II – INVESTIGATION

The commissioner of citywide administrative services shall have the power to make investigations concerning all matters touching the enforcement and effect of the provisions of civil service law pursuant to and in the manner provided by law.

RULE X - CLASSIFICATION OF POSITIONS NOT INCLUDED IN THE CAREER AND SALARY PLAN OR IN THE NEW YORK CITY HOUSING AUTHORITY CLASSIFICATION PLAN

SECTION I – POSITIONS IN THE EXEMPT CLASS

Not more than one appointment shall be made to or under the title of any office or position in the exempt class unless a different number is specifically prescribed hereafter.

SECTION II – POSITIONS IN THE NON-COMPETITIVE CLASS

Unless a different or an unlimited number is specifically prescribed hereafter, only one appointment may be made to or under the title of any offices or positions in the non-competitive class listed under this rule.

SECTION III – POSITIONS IN THE LABOR CLASS

(a) The titles and grades, if graded, of positions in the class subject to this rule shall not be deemed to form part of these rules. The titles and positions subject to this rule are set forth in the “classification and compensation schedules of the classified service,” schedule L-10.
  1. No part of this schedule is part of this rule. The schedule is, however, part of the classification of the classified service of the City of New York.

SECTION IV – POSITIONS IN THE COMPETITIVE CLASS

The services, titles and grades, if graded, of positions in the competitive class subject to this rule shall not be deemed to form part of these rules. The titles and positions subject to this rule are set forth in the “classification and compensation schedules of the classified service,” schedule C-10.

RULE XI - CLASSIFICATION AND COMPENSATION OF CAREER AND SALARY PLAN POSITIONS

SECTION I – SALARY GRADES

The salary grade for positions which are now or may hereafter be made subject to the career and salary plan hereinafter provided, is as follows:

Salary Grade Salary Grade Minimum Salary Grade Maximum
32 13,100 Unlimited

~

SECTION II – CLASSIFICATION OF POSITIONS

The commissioner of citywide administrative services shall, in the manner provided by law, duly classify and reclassify positions which are now or which may hereafter be made subject to the classification and compensation plan.

SECTION III – IMPLEMENTATION OF THE CAREER AND SALARY PLAN

In order to implement the career and salary plan, each position or class of positions subject thereto shall be classified under a standard title and allocated to an appropriate salary grade as soon as practicable following the adoption of this rule, and, upon such position classification and salary grade allocation, the commissioner of citywide administrative services shall establish schedules of equivalent titles indicating in each case the former title of each position and the standard title and salary grade to which such position is classified and allocated. Such original position classifications and salary grade allocations shall be made, in the case of each position or class of positions, on the basis of the duties, responsibilities and examination qualifications naturally and properly pertaining to the present title of such position or class of positions, without regard to out-of-title work performed by any incumbent thereof. Thereafter, the reclassification and salary grade reallocation of positions shall be made on the basis of the actual duties and responsibilities thereof and the examination requirements based on such duties and responsibilities as determined by the department of citywide administrative services.

SECTION IV – EFFECTIVE DATE OF POSITION CLASSIFICATION AND POSITION RECLASSIFICATION

Any position classification or position reclassification made hereunder prior to July 1, 1955 shall become effective as of July 1, 1954.

SECTION V – CREATION OF NEW POSITIONS

A new position or class of positions shall be established hereunder only under the title and salary grade determined therefor in accordance with this rule, the provisions of the New York City charter and the provisions of the resolution of the board of estimate adopted July 9, 1954, calendar no. 1, establishing the pay plan not inconsistent with such charter.

SECTION VI – RIGHTS AND STATUS OF NEW INCUMBENTS AND ELIGIBLES ON LISTS

The rights and status of the permanent incumbent of any position subject to the career and salary plan, including rights and status of employees provided for under the provisions of previous resolutions of classification or reclassification, shall not be adversely affected or impaired by the provisions of this rule or any position classification, position reclassification, salary grade allocation, or salary grade reallocation adopted in accordance therewith.

Any permanent employee entitled to an unlimited salary grade prior to the classification or reclassification of such employee’s position pursuant to the provisions of this rule shall continue to have such right and shall not be subject to a maximum salary, notwithstanding the fact that the position held by such employee may be classified or allocated to a salary grade having a maximum.

SECTION VII – RATES OF COMPENSATION OF POSITIONS NOT COMPENSABLE ON AN ANNUAL BASIS

In order to effectuate the allocation or reallocation of positions paid at other than a per annum rate, the commissioner of citywide administrative services shall duly establish, in the manner provided by law, formulae for the purpose of computing the salaries of such positions on a per annum basis.

SECTION VIII – REGULATIONS AND PROCEDURES

The commissioner of citywide administrative services may prescribe such regulations and procedures as the commissioner of citywide administrative services may deem necessary or advisable to carry out the provisions of this rule.

SECTION IX – APPLICABILITY

The provisions of this rule shall be applicable only to positions covered by the career and salary plan and shall supersede any provisions of other rules and regulations of the commissioner of citywide administrative services inconsistent therewith.

SECTION X – POSITIONS IN THE NON-COMPETITIVE CLASS

Unless a different or unlimited number is specifically prescribed hereafter, only one appointment may be made to or under the title of any offices or positions in the non-competitive class listed under this rule.

SECTION XII – POSITIONS IN THE COMPETITIVE CLASS

(a) The occupational groups, titles, and salary grades or grades of positions in the competitive class subject to this rule shall not be deemed to form part of these rules. The titles and positions subject to this rule are set forth in the “classification and compensation schedules of the classified service,” schedule C-11.
  1. No part of this schedule is part of this rule. The schedule is, however, part of the classification of the classified service of the City of New York.

RULE XII - CLASSIFICATION OF POSITIONS IN THE NEW YORK CITY HOUSING AUTHORITY CLASSIFIED PURSUANT TO AND SUBJECT TO RULE XI PRIOR TO JULY 1, 1958

SECTION I – GENERAL PROVISIONS

Effective July 1, 1958, the positions and classes of positions in the New York City housing authority heretofore classified under and subject to rule XI and the resolutions of classification and reclassification adopted pursuant thereto are hereby deleted from rule XI.

SECTION II – POSITIONS IN THE NON-COMPETITIVE CLASS

Unless a different or unlimited number is specifically prescribed hereafter, only one appointment may be made to or under the title of any offices or positions in the non-competitive class listed under this rule.

SECTION III – POSITIONS IN THE LABOR CLASS

(a) The titles and salary grades or grades of positions in the labor class subject to this rule shall not be deemed to form part of these rules. The titles and positions subject to this rule are set forth in the “classification and compensation schedules of the classified service,” schedule L-12.
  1. No part of this schedule L-12 is part of this rule. The schedule is, however, part of the classification of the classified service of the City of New York.

SECTION IV – POSITIONS IN THE COMPETITIVE CLASS

(a) The titles and salary grades or grades of positions in the competitive class subject to this rule shall not be deemed to form part of these rules. The titles and positions subject to this rule are set forth in the “classification and compensation schedules of the classified service,” schedule C-12.
  1. No part of this schedule C-12 is part of this rule. The schedule is, however, part of the classification of the classified service of the City of New York.

EXPLANATION

The following basic resolution is included as part of the history of this Department’s rules.

Whereas, By virtue of the provisions of Chapter 35 of the revised New York City Charter as adopted by the electors of The City of New York on November 4, 1975, certain changes in personnel administration were adopted and the related rule making power and certain other powers of the New York City Civil Service Commission were vested in the personnel director of the New York City Department of Personnel; and

Whereas, By virtue of the provisions of Section 1142 of such revised Charter, such powers and duties heretofore exercised by the New York City Civil Service Commission have been exercised by the Personnel Director of the New York City Department of Personnel in continuation of their exercise by such Commission, and the provisions of the rules and regulations of such Commission have been applicable to such Personnel Director insofar as not inconsistent with such Chapter and Charter; now, therefore, be it

Resolved, Effective January 1, 1977, in order to conform with the provisions of such Chapter and Charter, all rules of the New York City Civil Service Commission in force and effect on December 31, 1976 be and the same are hereby declared to be the rules of the Personnel Director of the New York City Department of Personnel insofar as such rules are not in conflict with such Chapter or Charter; and be it further

Resolved, In order to conform with certain of the provisions of such Chapter and Charter, the rules of the Personnel Director of the New York City Department of Personnel so declared be and the same are hereby amended at this time in the manner and form as hereinafter set forth; and be it further

Resolved, Effective January 1, 1977, in order to conform with the provisions of such Chapter and Charter, all regulations of the New York City Civil Service Commission in force and effect on December 31, 1976 be and the same are hereby declared to be the regulations of the Personnel Director of the New York City Department of Personnel insofar as such regulations are not in conflict with such Chapter or Charter or the rules are hereby amended, pending a general revision of such regulations.