S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5351
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 18, 2015
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to providing for
         independent  personnel  review  boards  for  the New York city transit
         authority and the triborough bridge and tunnel authority
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "New York city transit authority and triborough  bridge  and  tunnel
    3  authority civil service reorganization act".
    4    S 2. Legislative findings and intent. The legislature hereby finds and
    5  declares as follows:
    6    (a)  The  New  York city transit authority, created by section 1201 of
    7  the public authorities law, was formed in 1953 to  acquire  and  operate
    8  the  transit facilities formerly operated by the board of transportation
    9  of the city of New York, and those employees  were  transferred  to  the
   10  authority  from  the city with the same status they held when in service
   11  to the city. Since  1953,  appointment,  promotion  and  continuance  of
   12  employment  of  all employees of the authority have been governed by the
   13  provisions of the civil service law and the rules of the municipal civil
   14  service commission of the city.
   15    (b) The triborough bridge and tunnel authority, created by section 552
   16  of the public authorities law, was formed in 1939 to acquire, construct,
   17  maintain, and improve the bridges and tunnels under the jurisdiction  of
   18  such  authority.  Since  1939, appointment, promotion and continuance of
   19  employment of all employees of the authority have been governed  by  the
   20  provisions of the civil service law and the rules of the municipal civil
   21  service commission of the city.
   22    (c) The provision of governmental services, including the provision of
   23  transit  services  and  services  relating  to  bridges and tunnels, has
   24  become increasingly complex since the creation  of  the  New  York  city
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02267-01-5
       A. 5351                             2
    1  transit  authority  and  the triborough bridge and tunnel authority, and
    2  the continued exercise of jurisdiction by the  municipal  civil  service
    3  commission  no  longer  serves  the  best interests of the city or these
    4  authorities.
    5    (d)  The  specialized needs of transit operations as well as the oper-
    6  ations of triborough bridge and tunnel authority require  that  the  New
    7  York city transit authority and the triborough bridge and tunnel author-
    8  ity be served by independent civil service commissions with the power to
    9  promulgate  rules and regulations relating to the hiring, promoting, and
   10  termination of employees.
   11    (e) Authorizing the New York city transit authority and the triborough
   12  bridge and tunnel authority to exercise such functions  will  facilitate
   13  the operations of the authorities and will enable the city to devote its
   14  attention  to  managing  the  personnel  related  functions of core city
   15  services.
   16    (f) There exists in the  New  York  city  transit  authority  and  the
   17  triborough bridge and tunnel authority a significant number of positions
   18  involving  the  performance  of managerial functions at a level in these
   19  organizations which makes appropriate their inclusion in the non-compet-
   20  itive class as positions for which it is not  practicable  to  ascertain
   21  the  merit and fitness of the applicant by competitive examination. Such
   22  positions should be classified as non-competitive without further  delay
   23  or the need for hearings.
   24    (g) It is further declared to be in the public interest to ensure that
   25  the  civil  service  rights  of  employees  of the New York city transit
   26  authority and the triborough bridge and tunnel  authority  be  protected
   27  and  that in the future employees will be subject to the rules and regu-
   28  lations promulgated under the powers granted in this act, which shall be
   29  consistent with the civil service laws of the state.
   30    S 3. Subdivision 2 of section 1210 of the public authorities  law,  as
   31  added  by chapter 200 of the laws of 1953 and such section as renumbered
   32  by chapter 914 of the laws of 1957, is amended to read as follows:
   33    2. [The] EXCEPT AS PROVIDED IN SECTION TWELVE HUNDRED  TEN-B  OF  THIS
   34  TITLE,  THE  appointment, promotion and continuance of employment of all
   35  employees of the authority shall be governed by the  provisions  of  the
   36  civil  service  law and the rules of the municipal civil service commis-
   37  sion of the city. Employees of any board, commission  or  department  of
   38  the city may be transferred to positions of employment under the author-
   39  ity in accordance with the provisions of the civil service law and shall
   40  be  eligible  for  such  transfer and appointment without examination to
   41  such positions of employment. Employees who have been appointed to posi-
   42  tions in the service of the city under the rules of the municipal  civil
   43  service  commission  of the city shall have the same status with respect
   44  thereto after transfer to positions of employment under the authority as
   45  they had under their original appointments. Employees of  the  authority
   46  shall be subject to the provisions of the civil service law.
   47    S  4.  The  public  authorities law is amended by adding a new section
   48  1210-b to read as follows:
   49    S 1210-B. PERSONNEL SYSTEM; PERSONNEL REVIEW BOARD. 1.  THE  FOLLOWING
   50  WORDS  AND  PHRASES,  AS  USED IN THIS SECTION, SHALL HAVE THE FOLLOWING
   51  MEANINGS:
   52    (A)  "PERSONNEL  REVIEW  BOARD"  OR  "REVIEW  BOARD"  MEANS  THE  BODY
   53  APPOINTED  PURSUANT  TO  THIS  SECTION BY THE BOARD AND SHALL ACT IN THE
   54  CAPACITY AND FULFILL THE ROLES WHICH WOULD BE PERFORMED BY  THE  COMMIS-
   55  SION,  CIVIL  SERVICE  COMMISSION AND MUNICIPAL CIVIL SERVICE COMMISSION
       A. 5351                             3
    1  FOR THE PURPOSES OF APPLYING THE CIVIL SERVICE LAW TO POSITIONS FORMERLY
    2  COVERED BY SUBDIVISION TWO OF SECTION TWELVE HUNDRED TEN OF THIS TITLE.
    3    (B)  "CLASSIFIED  SERVICE"  MEANS ALL POSITIONS IN THE AUTHORITY WHICH
    4  ARE NOT IN THE UNCLASSIFIED SERVICE.
    5    (C) "JURISDICTIONAL CLASSIFICATION" MEANS THE ASSIGNMENT OF  POSITIONS
    6  IN THE CLASSIFIED SERVICE TO THE COMPETITIVE, NON-COMPETITIVE, EXEMPT OR
    7  LABOR CLASSES.
    8    (D)  "POSITION  CLASSIFICATION",  "CLASSIFICATION", "RECLASSIFICATION"
    9  AND "CLASSIFY" MEAN  GROUPING  TOGETHER  UNDER  COMMON  AND  DESCRIPTIVE
   10  TITLES  THOSE  POSITIONS THAT ARE SUBSTANTIALLY SIMILAR IN THE ESSENTIAL
   11  CHARACTER AND SCOPE OF THEIR DUTIES AND  RESPONSIBILITIES  AND  REQUIRED
   12  QUALIFICATIONS.
   13    2.  THE  APPOINTMENT,  PROMOTION AND CONTINUATION OF EMPLOYMENT OF ALL
   14  EMPLOYEES OF THE AUTHORITY SHALL BE GOVERNED BY THE  CIVIL  SERVICE  LAW
   15  AND  THE  RULES AND REGULATIONS PRESCRIBED BY THE PERSONNEL REVIEW BOARD
   16  WHICH SHALL ASSUME THE POWERS PREVIOUSLY EXERCISED  BY  THE  COMMISSION,
   17  CIVIL  SERVICE  COMMISSION AND BY THE MUNICIPAL CIVIL SERVICE COMMISSION
   18  OF THE CITY.  UNTIL SUCH TIME AS RULES ARE PROMULGATED BY THE  PERSONNEL
   19  REVIEW  BOARD,  THE  AUTHORITY  SHALL  ADMINISTER  ITS PERSONNEL ACTIONS
   20  PURSUANT TO RULES AND REGULATIONS, CLASS  SPECIFICATIONS  AND  PERSONNEL
   21  ORDERS  OF  THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY IN EFFECT
   22  ON THE EFFECTIVE DATE OF THIS SUBDIVISION. SUCH RULES  AND  REGULATIONS,
   23  SPECIFICATIONS AND ORDERS SHALL COLLECTIVELY BE DEEMED TO CONSTITUTE THE
   24  RULES  AND REGULATIONS OF THE REVIEW BOARD UNTIL SUCH TIME AS THE REVIEW
   25  BOARD PROMULGATES ITS OWN RULES AND REGULATIONS. DURING SUCH PERIOD, ANY
   26  REFERENCE TO THE MUNICIPAL CIVIL SERVICE COMMISSION, THE COMMISSIONER OF
   27  CITYWIDE ADMINISTRATIVE SERVICES, THE DEPARTMENT OF CITYWIDE ADMINISTRA-
   28  TIVE SERVICES OR ANY OTHER GOVERNMENTAL  OFFICER,  EMPLOYEE,  AGENCY  OR
   29  OFFICE  CONTAINED  IN  SUCH  RULES  AND  REGULATIONS, SPECIFICATIONS AND
   30  ORDERS SHALL BE DEEMED TO REFER  TO  THE  PERSONNEL  REVIEW  BOARD,  THE
   31  AUTHORITY  OR  SUCH OTHER POSITION OR PERSON AS MAY BE DESIGNATED BY THE
   32  PERSONNEL REVIEW BOARD.
   33    (A) NOTWITHSTANDING ANY PROVISION TO THE  CONTRARY  CONTAINED  IN  ANY
   34  GENERAL,  SPECIAL  OR LOCAL LAW, AND EXCEPT AS PROVIDED IN THIS SUBDIVI-
   35  SION, PERMANENT EMPLOYEES OF THE AUTHORITY SHALL CONTINUE TO HOLD  THEIR
   36  POSITIONS  WITHOUT FURTHER EXAMINATION AND SHALL HAVE ALL THE RIGHTS AND
   37  PRIVILEGES OF THE JURISDICTIONAL CLASS TO WHICH SUCH  POSITIONS  MAY  BE
   38  ALLOCATED, EXCEPT THAT EFFECTIVE WITH THE ENACTMENT OF THIS SECTION, ALL
   39  MANAGERIAL  POSITIONS  THAT  REPORT  TO  THE PRESIDENT OF THE AUTHORITY,
   40  THEIR DIRECT REPORTS, AND THE DIVISION HEADS THAT REPORT TO THESE DIRECT
   41  REPORTS SHALL BE DESIGNATED AS NON-COMPETITIVE IN RECOGNITION THAT IT IS
   42  NOT PRACTICABLE TO ASCERTAIN THE MERIT AND FITNESS FOR  THESE  POSITIONS
   43  THROUGH  COMPETITIVE EXAMINATION. THIS PROVISION SHALL NOT ACT TO CHANGE
   44  THE NON-COMPETITIVE CLASSIFICATION OF ANY OTHER POSITION OR TITLE  CLAS-
   45  SIFIED  AS  NON-COMPETITIVE  AS  OF  THE EFFECTIVE DATE OF THIS SECTION.
   46  FURTHER, NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN  ANY
   47  GENERAL,  SPECIAL OR LOCAL LAW, OR ANY OTHER PROVISION CONTAINED IN THIS
   48  SECTION, WITHIN ONE YEAR FROM THE APPOINTMENT OF THE REVIEW  BOARD,  THE
   49  AUTHORITY MAY REQUEST THAT THE REVIEW BOARD APPROVE THE RECLASSIFICATION
   50  OR CREATION OF OTHER POSITIONS AND TITLES WITHIN THE AUTHORITY'S MANAGE-
   51  RIAL  WORK FORCE AS NON-COMPETITIVE WITHOUT THE NECESSITY OF ANY FURTHER
   52  REVIEW IN RECOGNITION THAT IT IS NOT PRACTICABLE TO ASCERTAIN THE  MERIT
   53  AND  FITNESS  FOR  THESE  POSITIONS THROUGH COMPETITIVE EXAMINATIONS, SO
   54  LONG AS THE POSITIONS REQUESTED TO BE CLASSIFIED AS NON-COMPETITIVE  ARE
   55  NOT MORE THAN FIVE REPORTING LEVELS FROM THE PRESIDENT OF THE AUTHORITY.
   56  SUCH REQUEST SHALL INCLUDE A DESCRIPTION OF THE DUTIES OF SUCH POSITIONS
       A. 5351                             4
    1  AND  AN  EXPLANATION  OF  THE  JUSTIFICATION  FOR  THE CLASSIFICATION AS
    2  NON-COMPETITIVE. THE REVIEW BOARD SHALL HAVE THE POWER TO DESIGNATE SUCH
    3  POSITIONS AS NON-COMPETITIVE UPON RECEIPT OF SUCH REQUEST OR WITHIN SUCH
    4  TIME  AS IT FINDS APPROPRIATE. THIS SECTION SHALL NOT PRECLUDE ANY OTHER
    5  APPLICATION FOR CLASSIFICATION OF POSITIONS OR TITLES AS NON-COMPETITIVE
    6  IN ACCORDANCE WITH THE PROCEDURES OTHERWISE  APPLICABLE  TO  CLASSIFICA-
    7  TIONS.
    8    (B)  THE  OFFICERS AND EMPLOYEES OF THE AUTHORITY SHALL CONTINUE TO BE
    9  SUBJECT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND  FOR  ALL  SUCH
   10  PURPOSES  SHALL  BE  DEEMED  "PUBLIC  EMPLOYEES".    NOTWITHSTANDING ANY
   11  PROVISION TO THE CONTRARY IN ARTICLE FOURTEEN OF THE CIVIL  SERVICE  LAW
   12  OR  ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY MATTER CONSIDERED TO BE
   13  A TERM AND CONDITION OF EMPLOYMENT THAT HAD BEEN  WITHIN  THE  EXCLUSIVE
   14  AUTHORITY  OF  THE  MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY ON OR
   15  PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT  WAS  NOT  A  MANDATORY
   16  SUBJECT OF BARGAINING UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AS
   17  A  RESULT  OF  SUCH  EXCLUSIVE  AUTHORITY  SHALL  REMAIN A NON-MANDATORY
   18  SUBJECT OF BARGAINING FOR THE AUTHORITY AFTER, AND  REGARDLESS  OF,  THE
   19  CHANGES SET FORTH IN THIS SECTION.
   20    (C)  NOTHING  CONTAINED  IN  THIS SUBDIVISION SHALL SUPERSEDE, EXPAND,
   21  IMPAIR OR DIMINISH THE RIGHTS OF ANY OFFICER OR EMPLOYEE OF THE AUTHORI-
   22  TY UNDER OR PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW,  OR
   23  LIMIT  EMPLOYEE RIGHTS TO INSTITUTE PROCEEDINGS AGAINST THE AUTHORITY IN
   24  ACCORDANCE WITH ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
   25  RULES.
   26    3.  (A) THE BOARD SHALL APPOINT A PERSONNEL REVIEW BOARD CONSISTING OF
   27  THREE PERSONS. THE BOARD AND THE BOARD  OF  THE  TRIBOROUGH  BRIDGE  AND
   28  TUNNEL  AUTHORITY  SHALL  JOINTLY  APPOINT  BY  SEPARATE RESOLUTIONS THE
   29  MEMBERS OF THE PERSONNEL REVIEW BOARD, AND SUCH MEMBERS SHALL ALSO SERVE
   30  AS THE PERSONNEL REVIEW BOARD THAT IS ESTABLISHED UNDER PARAGRAPH (A) OF
   31  SUBDIVISION THREE OF SECTION FIVE HUNDRED FIFTY-FOUR-A OF THIS  CHAPTER.
   32  PERSONS  APPOINTED  TO  THE  PERSONNEL  REVIEW  BOARD MAY NOT BE CURRENT
   33  MEMBERS, OFFICERS OR EMPLOYEES OF THE AUTHORITY, THE  TRIBOROUGH  BRIDGE
   34  AND  TUNNEL  AUTHORITY  OR  THE  METROPOLITAN  TRANSPORTATION AUTHORITY,
   35  INCLUDING AFFILIATES AND/OR SUBSIDIARIES OF SUCH AUTHORITIES, OR CURRENT
   36  OFFICERS OR AGENTS OF ANY LABOR ORGANIZATION REPRESENTING  EMPLOYEES  OF
   37  SUCH AUTHORITIES, AFFILIATES AND/OR SUBSIDIARIES.
   38    (I)  THE  MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL BE APPOINTED FOR
   39  THREE-YEAR TERMS, EXCEPT THAT THE TERMS OF THE MEMBERS OF THE  PERSONNEL
   40  REVIEW  BOARD  SHALL BE STAGGERED SO THAT THE TERM OF ONE MEMBER EXPIRES
   41  EACH YEAR, WITH THE INITIAL TERM OF THE FIRST  MEMBER  EXPIRING  AT  THE
   42  CONCLUSION  OF THE THIRD YEAR FOLLOWING APPOINTMENT, THE INITIAL TERM OF
   43  THE SECOND MEMBER EXPIRING AT THE CONCLUSION OF THE FOURTH YEAR AND  THE
   44  INITIAL TERM OF THE THIRD MEMBER EXPIRING AT THE CONCLUSION OF THE FIFTH
   45  YEAR.
   46    (II)  ANY MEMBER OF THE PERSONNEL REVIEW BOARD MAY BE REMOVED PURSUANT
   47  TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION TWENTY-FOUR OF THE CIVIL
   48  SERVICE LAW. IN THE EVENT OF SUCH A REMOVAL, OR OF A  RESIGNATION  BY  A
   49  MEMBER  OF  THE  PERSONNEL  REVIEW BOARD, THE BOARD OF THE NEW YORK CITY
   50  TRANSIT AUTHORITY, IN CONJUNCTION  WITH  THE  BOARD  OF  THE  TRIBOROUGH
   51  BRIDGE AND TUNNEL AUTHORITY, SHALL APPOINT A SUCCESSOR FOR THE UNEXPIRED
   52  TERM  OF  THE  MEMBER IN ACCORDANCE WITH THE REQUIREMENTS AND PROCEDURES
   53  SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
   54    (III) THE MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL  ANNUALLY  ELECT
   55  ONE OF THE MEMBERS TO SERVE AS CHAIRPERSON.
       A. 5351                             5
    1    (B) (I) THE PERSONNEL REVIEW BOARD SHALL PRESCRIBE AND AMEND RULES AND
    2  REGULATIONS  CONSISTENT  WITH  THE  APPLICABLE  PROVISIONS  OF THE CIVIL
    3  SERVICE LAW FOR EFFECTING THE PROVISIONS OF THIS SECTION, INCLUDING  BUT
    4  NOT LIMITED TO RULES FOR:
    5    (A)  THE JURISDICTIONAL CLASSIFICATION OF OFFICES AND POSITIONS IN THE
    6  CLASSIFIED SERVICE OF THE AUTHORITY;
    7    (B)  EXAMINATIONS,  APPOINTMENTS,  PROMOTIONS,  TRANSFERS,  AND  REIN-
    8  STATEMENTS;
    9    (C) THE HEARING AND DETERMINATION OF APPEALS;
   10    (D)  THE  DESIGNATION  OF POSITIONS IN THE NON-COMPETITIVE CLASS WHICH
   11  ARE CONFIDENTIAL OR REQUIRE THE  PERFORMANCE  OF  FUNCTIONS  INFLUENCING
   12  POLICY; AND
   13    (E)  THE DESIGNATION AS SEPARATE UNITS FOR SUSPENSION OR DEMOTION UPON
   14  THE ABOLITION OR REDUCTION OF POSITIONS IN ANY DEPARTMENT,  DIVISION  OR
   15  SUBDIVISION OF THE AUTHORITY.
   16    (II)  THE  PERSONNEL  REVIEW  BOARD  SHALL  HEAR AND DETERMINE APPEALS
   17  INSTITUTED BY ANY PERSON BELIEVING HIMSELF OR HERSELF AGGRIEVED  BY  ANY
   18  ACTION  OR  DETERMINATION OF THE AUTHORITY ALLEGED TO BE IN VIOLATION OF
   19  THE APPLICABLE REVIEW BOARD RULES  OR  APPLICABLE  PERSONNEL  RULES  AND
   20  REGULATIONS,  CLASS  SPECIFICATIONS  AND PERSONNEL ORDERS OF THE CITY OF
   21  NEW YORK AND ALL OTHER APPLICABLE PROVISIONS OF LOCAL  OR  GENERAL  LAWS
   22  RELATING  TO  CIVIL  SERVICE PERSONNEL UNTIL SUCH REVIEW BOARD RULES ARE
   23  ADOPTED; PROVIDED, HOWEVER, THAT NO SUCH APPEAL SHALL BE ALLOWED IF  THE
   24  ACTION  OR DETERMINATION INVOLVED WAS CONSIDERED AND APPROVED IN ADVANCE
   25  BY THE PERSONNEL REVIEW BOARD.
   26    (III) UPON SUBMISSION OF A NOTICE OF APPEAL FROM ANY INDIVIDUAL OR HIS
   27  OR HER REPRESENTATIVE, THE PERSONNEL REVIEW BOARD SHALL REVIEW THE CLAIM
   28  AND DETERMINE IF THE ACTION VIOLATED THE REVIEW BOARD RULES, PROMULGATED
   29  UNDER THE POWERS GRANTED HEREIN, INCLUDING, BUT  NOT  LIMITED  TO  RULES
   30  FOR:
   31    (A)  THE JURISDICTIONAL CLASSIFICATION OF OFFICES AND POSITIONS IN THE
   32  CLASSIFIED SERVICE OF THE AUTHORITY;
   33    (B)  EXAMINATIONS,  APPOINTMENTS,  PROMOTIONS,  TRANSFERS,  AND  REIN-
   34  STATEMENTS; AND
   35    (C)  THE  DESIGNATION  OF POSITIONS IN THE NON-COMPETITIVE CLASS WHICH
   36  ARE CONFIDENTIAL OR REQUIRE THE  PERFORMANCE  OF  FUNCTIONS  INFLUENCING
   37  POLICY.
   38    (IV)  THE  PERSONNEL  REVIEW  BOARD SHALL HAVE THE POWER TO ADMINISTER
   39  OATHS AND TO ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE IN THIS STATE  OF
   40  WITNESSES  AND  THE  PRODUCTION  OF  BOOKS  AND  PAPERS PERTINENT TO THE
   41  APPEAL. FOR THIS PURPOSE THE PERSONNEL REVIEW BOARD  SHALL  POSSESS  ALL
   42  THE  POWERS  CONFERRED BY THE CIVIL PRACTICE LAW AND RULES UPON A BOARD,
   43  COMMISSION OR COMMITTEE.  THE PERSONNEL REVIEW BOARD AND ANY OFFICER  OR
   44  EMPLOYEE  DESIGNATED IN WRITING BY THE AUTHORITY TO ACT ON BEHALF OF THE
   45  PERSONNEL REVIEW BOARD MAY INVOKE THE POWER OF ANY COURT  OF  RECORD  IN
   46  THE  STATE  TO COMPEL WITNESSES TO ATTEND, TESTIFY AND PRODUCE BOOKS AND
   47  PAPERS.
   48    (C) THE SECRETARY OF THE AUTHORITY, OR SUCH OTHER PERSON  EMPLOYED  BY
   49  THE  AUTHORITY  OR  THE METROPOLITAN TRANSPORTATION AUTHORITY, ITS OTHER
   50  AFFILIATES OR SUBSIDIARIES AS MAY BE DESIGNATED BY THE EXECUTIVE  DIREC-
   51  TOR, SHALL SERVE AS SECRETARY OF THE PERSONNEL REVIEW BOARD.
   52    (D) THE MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL RECEIVE THE NECES-
   53  SARY TRAVEL AND OTHER EXPENSES INCURRED IN THE PERFORMANCE OF THE DUTIES
   54  OF  SUCH  OFFICE,  AND  SHALL  RECEIVE  IN  ADDITION  A PER DIEM FEE FOR
   55  SERVICES RENDERED AS SHALL BE DETERMINED BY THE BOARD.
       A. 5351                             6
    1    (E) (I) ANY APPEAL AUTHORIZED BY THIS SUBDIVISION SHALL BE  INSTITUTED
    2  BY  FILING  WITH  THE PERSONNEL REVIEW BOARD, A WRITTEN NOTICE OF APPEAL
    3  STATING THE RULE AND REGULATION, ACTION OR DETERMINATION  WHICH  IS  THE
    4  SUBJECT  OF  THE  APPEAL,  THE  GROUNDS FOR THE APPEAL, AND THE RULE AND
    5  REGULATION  CLAIMED  TO  BE VIOLATED AND SIGNED BY THE PERSON OR PERSONS
    6  APPEALING OR THEIR REPRESENTATIVE.
    7    (II) ANY SUCH APPEAL SHALL  BE  FILED  WITHIN  THIRTY  DAYS  FOLLOWING
    8  NOTICE  BY  THE AUTHORITY OF THE ACTION OR DETERMINATION TO BE REVIEWED;
    9  EXCEPT THAT THE PERSONNEL REVIEW BOARD FOR GOOD CAUSE  SHOWN  MAY  WAIVE
   10  SUCH THIRTY-DAY LIMITATION.
   11    (III)  THE  PERSONNEL REVIEW BOARD MAY INVESTIGATE OR INQUIRE INTO THE
   12  FACTS RELATIVE TO THE ACTION OR DETERMINATION APPEALED FROM  AS  MAY  BE
   13  DEEMED ADVISABLE AND SHALL AFFORD THE APPELLANT AND/OR HIS OR HER REPRE-
   14  SENTATIVE  AN OPPORTUNITY TO BE HEARD IN PERSON OR IN WRITING TO PRESENT
   15  EVIDENCE AND ARGUMENT. THE PERSONNEL REVIEW BOARD MAY AFFIRM, MODIFY  OR
   16  REVERSE SUCH ACTION OR DETERMINATION.
   17    (IV)  THE PERSONNEL REVIEW BOARD SHALL DECIDE EACH APPEAL FILED WITHIN
   18  SIXTY DAYS FOLLOWING THE DATE ON WHICH THE SUBMISSION OF FACTS, INFORMA-
   19  TION AND EVIDENCE IS DEEMED COMPLETE BY THE PERSONNEL REVIEW BOARD.
   20    (V) THE PERSON SEEKING REVIEW AND HIS OR HER REPRESENTATIVE  SHALL  BE
   21  FURNISHED  A  COPY  OF  THE  PERSONNEL  REVIEW  BOARD'S WRITTEN DECISION
   22  CONCURRENTLY WITH ITS FILING WITH THE SECRETARY OF THE PERSONNEL  REVIEW
   23  BOARD.  A  DECISION OF THE PERSONNEL REVIEW BOARD SHALL BECOME FINAL AND
   24  BINDING WHEN FILED WITH THE SECRETARY OF  THE  PERSONNEL  REVIEW  BOARD.
   25  REVIEW OF ANY SUCH FINAL DECISION SHALL BE BY A PROCEEDING AUTHORIZED BY
   26  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   27    (F)  BEFORE  ADOPTING  ANY  RULE OR REGULATION AFFECTING THE RIGHTS OF
   28  EMPLOYEES, THE PERSONNEL  REVIEW  BOARD  SHALL  PUBLISH  NOTICE  OF  THE
   29  PROPOSED  RULE  CHANGES  NO LATER THAN THIRTY DAYS PRIOR TO THE PROPOSED
   30  EFFECTIVE DATE.
   31    (I) PUBLICATION OF THE NOTICE OF PROPOSED RULE-MAKING SHALL BE  ACCOM-
   32  PLISHED  BY  POSTING  A  COPY  AT  APPROPRIATE FACILITIES THROUGHOUT THE
   33  AUTHORITY AS DETERMINED BY THE AUTHORITY, AND BY SERVING A COPY  OF  THE
   34  NOTICE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED UPON THE UNIONS CERTI-
   35  FIED  OR RECOGNIZED TO REPRESENT EMPLOYEES OF THE AUTHORITY. PUBLICATION
   36  SHALL BE COMPLETE UPON THE POSTING AND  MAILING  AS  DESCRIBED  IN  THIS
   37  SUBPARAGRAPH.
   38    (II)  A  NOTICE OF THE PROPOSED RULE-MAKING SHALL CONTAIN THE COMPLETE
   39  TEXT OF THE PROPOSED RULE OR RULES, AND THE LAST  DATE  UPON  WHICH  THE
   40  PERSONNEL  REVIEW  BOARD  WILL RECEIVE COMMENT UPON THE PROPOSED RULE OR
   41  RULES; PROVIDED, HOWEVER, THAT IF THE TEXT OF THE PROPOSED RULE  EXCEEDS
   42  TWO  THOUSAND  WORDS, THE NOTICE SHALL CONTAIN ONLY A DESCRIPTION OF THE
   43  SUBJECT, PURPOSE AND SUBSTANCE OF SUCH RULE, AND SHALL STATE  FROM  WHAT
   44  PERSON THE COMPLETE TEXT MAY BE OBTAINED.
   45    (III)  THE  PERSONNEL  REVIEW BOARD MAY RECEIVE COMMENTS ON A PROPOSED
   46  RULE OR RULES IN WRITING OR, IN AN APPROPRIATE CASE, MAY CONDUCT A HEAR-
   47  ING UPON THE PROPOSED RULE.
   48    (IV) ANY RULE ADOPTED BY THE PERSONNEL REVIEW BOARD SHALL TAKE  EFFECT
   49  WHEN  SIGNED  BY  THE  CHAIR  OF  THE  PERSONNEL REVIEW BOARD. NOTICE OF
   50  ADOPTION OF A RULE SHALL BE PUBLISHED WITHIN TEN BUSINESS  DAYS  OF  ITS
   51  ADOPTION IN THE SAME MANNER AS THE NOTICE OF PROPOSED RULE-MAKING.
   52    (V) IN PROMULGATING ITS RULES, THE PERSONNEL REVIEW BOARD SHALL NOT BE
   53  SUBJECT TO THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT, THE
   54  EXECUTIVE  LAW,  OR  THE  PROCEDURE  FOR ADOPTING RULES CONTAINED IN THE
   55  CIVIL SERVICE LAW.
       A. 5351                             7
    1    (VI) THE SECRETARY  TO  THE  PERSONNEL  REVIEW  BOARD  SHALL  MAINTAIN
    2  MINUTES OF THE MEETINGS OF THE PERSONNEL REVIEW BOARD AND SHALL MAINTAIN
    3  COMPLETE  COPIES  OF  THE RULES AND REGULATIONS ADOPTED BY THE PERSONNEL
    4  REVIEW BOARD. SUCH MINUTES AND RULES SHALL BE OPEN TO PUBLIC  INSPECTION
    5  AND  COPYING  DURING  ALL  ORDINARY  BUSINESS  HOURS OF THE AUTHORITY IN
    6  ACCORDANCE WITH THE APPLICABLE PROVISIONS OF ARTICLE SIX OF  THE  PUBLIC
    7  OFFICERS LAW.
    8    4.  (A)  THE  AUTHORITY  SHALL  HAVE  THE POWER TO PREPARE AND PROPOSE
    9  PERSONNEL RULES  AND  REGULATIONS  FOR  CONSIDERATION  AND  ADOPTION  OR
   10  MODIFICATION  BY  THE  PERSONNEL  REVIEW BOARD. SUCH ADOPTED RULES SHALL
   11  GUIDE THE AUTHORITY IN THE ADMINISTRATION OF PERSONNEL SERVICE.
   12    (B) THE AUTHORITY SHALL DETERMINE THE MERIT AND FITNESS OF  CANDIDATES
   13  FOR  COMPETITIVE  CLASS  POSITIONS  THROUGH THE PREPARATION AND ADMINIS-
   14  TRATION OF CONTENT BASED EXAMINATIONS FOR ENTRY  LEVEL  AND  PROMOTIONAL
   15  POSITIONS. THE AUTHORITY'S RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED
   16  TO:
   17    (I)  CONDUCTING  JOB ANALYSES TO IDENTIFY ESSENTIAL JOB DUTIES FOR THE
   18  PREPARATION OF CONTENT BASED EXAMINATIONS AND ADMINISTERING  SUCH  EXAM-
   19  INATIONS;
   20    (II)  ISSUING  NOTICES OF EXAMINATION SETTING FORTH MINIMUM QUALIFICA-
   21  TIONS REQUIRED, THE SUBJECTS OF THE EXAMINATION AND SUCH OTHER  INFORMA-
   22  TION AS IS APPROPRIATE;
   23    (III) DETERMINING CANDIDATES' ELIGIBILITY FOR EXAMINATION;
   24    (IV)  ESTABLISHING  ELIGIBLE  LISTS BASED UPON THE RATINGS RECEIVED BY
   25  CANDIDATES FOR HIRE AND PROMOTION; AND
   26    (V) CERTIFICATION AND APPOINTMENT IN ACCORDANCE WITH THE REVIEW  BOARD
   27  RULES.
   28    (C)  THE  AUTHORITY SHALL ESTABLISH REVIEW PROCEDURES FOR EXAMINATIONS
   29  AND WHERE, FOLLOWING THE DULY ESTABLISHED PROCEDURES, A  FINAL  DETERMI-
   30  NATION  IS  MADE  AS  TO THE ANSWERS THAT ARE ACCEPTABLE ON A PARTICULAR
   31  EXAMINATION, COURT REVIEW SHALL BE LIMITED TO A DETERMINATION OF WHETHER
   32  SUCH DULY ESTABLISHED REVIEW PROCEDURES  WERE  FOLLOWED,  AND  NO  COURT
   33  SHALL  HAVE AUTHORITY TO DETERMINE WHETHER THE AUTHORITY'S DETERMINATION
   34  WAS CORRECT.
   35    (D) THE AUTHORITY SHALL HAVE THE  POWER,  SUBJECT  TO  APPEAL  TO  THE
   36  PERSONNEL  REVIEW  BOARD  OF  ANY  CLAIMED VIOLATION OF THE REVIEW BOARD
   37  RULES:
   38    (I) TO CLASSIFY AND/OR RECLASSIFY  ANY  POSITIONS  IN  THE  CLASSIFIED
   39  SERVICE OF THE AUTHORITY; AND
   40    (II)  TO  ALLOCATE  AND  REALLOCATE TO AN APPROPRIATE SALARY GRADE ALL
   41  POSITIONS IN THE EXEMPT, COMPETITIVE, NONCOMPETITIVE AND  LABOR  CLASSES
   42  OF  THE  CLASSIFIED  SERVICE  OF  THE AUTHORITY, INCLUDING TEMPORARY AND
   43  SEASONAL POSITIONS.
   44    (E) THE AUTHORITY SHALL ALSO HAVE THE FOLLOWING POWERS AND DUTIES:
   45    (I) TO ASCERTAIN AND RECORD THE DUTIES  AND  RESPONSIBILITIES  OF  ALL
   46  POSITIONS  IN  THE  CLASSIFIED  SERVICE  OF  THE AUTHORITY, TO ESTABLISH
   47  ADEQUATE SPECIFICATIONS SHOWING THE QUALIFICATIONS FOR, AND  THE  NATURE
   48  AND  EXTENT  AND  SCOPE OF THE DUTIES AND RESPONSIBILITIES OF SUCH POSI-
   49  TIONS, AND TO ASSIGN UNIFORM TITLES TO POSITIONS THAT  ARE  SO  SUBSTAN-
   50  TIALLY  SIMILAR  IN THEIR ESSENTIAL CHARACTER AND SCOPE OF THEIR DUTIES,
   51  RESPONSIBILITIES AND QUALIFICATION REQUIREMENTS THAT THE  SAME  DESCRIP-
   52  TIVE  TITLE  MAY  BE USED TO DESIGNATE THEM, AND TO ASSURE THAT THE SAME
   53  QUALIFICATIONS FOR APPOINTMENT THERETO MAY BE REASONABLY REQUIRED,  THAT
   54  THE  SAME TESTS OF FITNESS MAY BE ESTABLISHED, AND THAT THE SAME RATE OF
   55  COMPENSATION MAY BE REASONABLY APPLIED;
       A. 5351                             8
    1    (II) TO INVESTIGATE  ALL  MATTERS  AFFECTING  THE  CLASSIFICATION  AND
    2  COMPENSATION  OF  POSITIONS,  TO  HEAR AND DETERMINE ALL COMPLAINTS WITH
    3  RESPECT TO THE CLASSIFICATION AND COMPENSATION OF  POSITIONS,  AND  FROM
    4  TIME  TO  TIME  TO  REVIEW  THE  DUTIES, RESPONSIBILITIES, QUALIFICATION
    5  REQUIREMENTS AND COMPENSATION OF POSITIONS AND TO MAKE SUCH REVISIONS IN
    6  THE  CLASSIFICATION  OR  COMPENSATION  OF  POSITIONS  AS  CHANGES IN THE
    7  SERVICE OF THE AUTHORITY MAY REQUIRE;
    8    (III) TO PROVIDE TO ANY PERSON  AGGRIEVED  BY  THE  CLASSIFICATION  OR
    9  ALLOCATION  OF  A  POSITION A REASONABLE OPPORTUNITY TO PRESENT FACTS IN
   10  SUPPORT OF OR IN RELATION TO SUCH CLASSIFICATION  OR  ALLOCATION,  AT  A
   11  TIME  AND IN SUCH MANNER AS IT MAY SPECIFY, AND TO RENDER AND FURNISH TO
   12  THE PERSON AGGRIEVED A WRITTEN DECISION THEREON; AND
   13    (IV) FOR THE PURPOSES OF SECTIONS FORTY-TWO AND  SEVENTY-FIVE  OF  THE
   14  CIVIL  SERVICE  LAW,  AND  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
   15  SUCH SECTIONS, AND SUBJECT TO THE REVIEW BOARD RULES, TO DESIGNATE POSI-
   16  TIONS IN THE NON-COMPETITIVE CLASS AS  CONFIDENTIAL  AND  REQUIRING  THE
   17  PERFORMANCE  OF  FUNCTIONS  INFLUENCING POLICY. THIS PROVISION SHALL NOT
   18  AFFECT THE CLASSIFICATION OF ANY POSITION IN THE  NON-COMPETITIVE  CLASS
   19  AS  CONFIDENTIAL  OR  REQUIRING THE PERFORMANCE OF FUNCTIONS INFLUENCING
   20  POLICY MADE BY THE APPROPRIATE CIVIL SERVICE  COMMISSION  PRIOR  TO  THE
   21  ADOPTION OF THE REVIEW BOARD RULES.
   22    (F) ANY CLASSIFICATION OR RECLASSIFICATION OF A POSITION MADE PURSUANT
   23  TO  THE REVIEW BOARD RULES AND ANY ALLOCATION OR REALLOCATION OF A POSI-
   24  TION TO A SALARY GRADE MADE BY THE AUTHORITY PURSUANT  TO  THIS  SECTION
   25  SHALL  BECOME  EFFECTIVE  ON  THE  DATE APPROVED BY THE PRESIDENT OF THE
   26  AUTHORITY OR HIS OR HER DESIGNEE.
   27    (G) THE CLASSIFIED SERVICE OF THE AUTHORITY SHALL COMPRISE  ALL  POSI-
   28  TIONS  NOT  INCLUDED  IN  THE UNCLASSIFIED SERVICE. THE POSITIONS IN THE
   29  CLASSIFIED SERVICE OF THE AUTHORITY SHALL BE DIVIDED INTO  FOUR  CLASSES
   30  DESIGNATED  AS  THE EXEMPT CLASS, THE NON-COMPETITIVE CLASS, THE COMPET-
   31  ITIVE CLASS, AND THE LABOR CLASS.
   32    (I) THE EXEMPT CLASS SHALL CONSIST OF SUCH POSITIONS AND OFFICES WHICH
   33  THE AUTHORITY SHALL DETERMINE TO BE IMPRACTICABLE TO FILL BY COMPETITIVE
   34  OR NON-COMPETITIVE EXAMINATION.
   35    (II) THE NON-COMPETITIVE CLASS SHALL INCLUDE ALL  POSITIONS  THAT  ARE
   36  NOT  IN  THE  EXEMPT  CLASS  OR  LABOR CLASS AND FOR WHICH THE AUTHORITY
   37  CANNOT PRACTICALLY ASCERTAIN THE MERIT  AND  FITNESS  OF  APPLICANTS  BY
   38  COMPETITIVE EXAMINATION.
   39    (III)  THE  LABOR  CLASS  SHALL COMPRISE ALL UNSKILLED LABORERS IN THE
   40  SERVICE OF THE AUTHORITY.  THE AUTHORITY MAY DETERMINE THAT A  TITLE  IN
   41  THE  LABOR CLASS IS APPROPRIATE TO PARTICIPATE IN A PROMOTIONAL EXAMINA-
   42  TION FOR A HIGHER TITLE IN THE COMPETITIVE CLASS.
   43    (IV) THE COMPETITIVE CLASS  SHALL  INCLUDE  ALL  POSITIONS  WHERE  THE
   44  AUTHORITY HAS DETERMINED THAT THE MERIT AND FITNESS OF APPLICANTS MAY BE
   45  DETERMINED  BY  COMPETITIVE EXAMINATION, AND SHALL INCLUDE ALL POSITIONS
   46  IN THE CLASSIFIED SERVICE OF THE AUTHORITY EXCEPT SUCH POSITIONS AS  ARE
   47  IN THE EXEMPT CLASS, THE NON-COMPETITIVE CLASS OR THE LABOR CLASS.
   48    (H)  (I) ALL APPLICANTS SHALL BE SUBJECT TO BACKGROUND INVESTIGATIONS,
   49  INCLUDING BUT NOT LIMITED TO THE CRIMINAL HISTORY OF ALL APPLICANTS  FOR
   50  EMPLOYMENT  TO  DETERMINE THE SUITABILITY OF SUCH APPLICANTS FOR EMPLOY-
   51  MENT. SUCH INVESTIGATION SHALL INCLUDE BUT NOT BE LIMITED TO THE  TAKING
   52  OF  FINGERPRINTS  OF  SUCH  OFFICERS AND EMPLOYEES AS A PREREQUISITE FOR
   53  EMPLOYMENT; PROVIDED, HOWEVER, THAT  EVERY  SET  OF  FINGERPRINTS  TAKEN
   54  PURSUANT  TO  THIS  PARAGRAPH  EITHER SHALL BE PROMPTLY SUBMITTED TO THE
   55  DIVISION OF CRIMINAL JUSTICE SERVICES, OR ITS SUCCESSOR, WHERE IT  SHALL
   56  BE APPROPRIATELY PROCESSED AND FORWARDED TO THE FEDERAL BUREAU OF INVES-
       A. 5351                             9
    1  TIGATION,  OR  ITS  SUCCESSOR,  AT  A RATE REQUIRED BY SUCH AGENCIES FOR
    2  STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS OR THE  AUTHORITY  MAY
    3  USE  SUCH ALTERNATIVE MEANS TO PROCESS FINGERPRINTS FOR THE PURPOSE OF A
    4  CRIMINAL HISTORY RECORDS CHECK AS IT MAY DEEM APPROPRIATE.
    5    (II)  THE AUTHORITY MAY ALSO AUTHORIZE THE METROPOLITAN TRANSPORTATION
    6  AUTHORITY OR ANY SUBSIDIARY OR AFFILIATE OF  THE  AUTHORITY  OR  OF  THE
    7  METROPOLITAN  TRANSPORTATION AUTHORITY, ON BEHALF OF WHICH THE AUTHORITY
    8  PROCESSES APPLICANTS, TO OBTAIN THE FINGERPRINTS OF SUCH APPLICANTS  AND
    9  THAT  AUTHORITY  SHALL CONDUCT THE BACKGROUND INVESTIGATION AS SET FORTH
   10  IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   11    (I) (I) THE AUTHORITY IS AUTHORIZED TO ESTABLISH AND COLLECT FEES FROM
   12  EVERY APPLICANT FOR EXAMINATION FOR A POSITION IN THE COMPETITIVE  CLASS
   13  OR  FOR APPOINTMENT IN THE LABOR CLASS AND FROM EVERY APPOINTEE UPON ANY
   14  PROVISIONAL APPOINTMENT  OR  UPON  APPOINTMENT  IN  THE  NON-COMPETITIVE
   15  CLASS, AS SET FORTH IN THE REVIEW BOARD RULES.
   16    (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
   17  GRAPH, THE PRESIDENT OF THE AUTHORITY, SUBJECT TO THE  APPROVAL  OF  THE
   18  EXECUTIVE  DIRECTOR,  MAY ELECT TO WAIVE APPLICATION FEES, OR TO ABOLISH
   19  FEES FOR SPECIFIC CLASSES OF  POSITIONS  OR  TYPES  OF  EXAMINATIONS  OR
   20  CANDIDATES.
   21    (III)  ALL  FEES COLLECTED HEREUNDER BY THE AUTHORITY SHALL CONSTITUTE
   22  REVENUE FOR THE AUTHORITY.
   23    (J) (I) WHERE, BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNC-
   24  TIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE, POSITIONS IN THE  COMPET-
   25  ITIVE CLASS OF SERVICE OF THE AUTHORITY ARE ABOLISHED OR REDUCED IN RANK
   26  OR SALARY GRADE, INCUMBENTS HOLDING THE SAME OR SIMILAR POSITIONS WITHIN
   27  THE  SAME  JURISDICTIONAL  CLASSIFICATION  WITHIN THE AUTHORITY SHALL BE
   28  SUSPENDED OR DEMOTED IN THE INVERSE ORDER OF ORIGINAL APPOINTMENT  ON  A
   29  PERMANENT  BASIS  IN THE CLASSIFIED SERVICE AS SET FORTH IN SUBPARAGRAPH
   30  (II) OF THIS PARAGRAPH; PROVIDED, HOWEVER, THAT INCUMBENTS  HOLDING  THE
   31  SAME  OR SIMILAR POSITIONS WITHIN THE SAME JURISDICTIONAL CLASSIFICATION
   32  WITHIN THE AUTHORITY WHO HAVE NOT COMPLETED THEIR  PROBATIONARY  SERVICE
   33  SHALL  BE  SUSPENDED  OR DEMOTED AS THE CASE MAY BE BEFORE ANY PERMANENT
   34  INCUMBENTS, AND AMONG SUCH PROBATIONARY EMPLOYEES THE ORDER  OF  SUSPEN-
   35  SION OR DEMOTION SHALL BE DETERMINED AS IF SUCH EMPLOYEES WERE PERMANENT
   36  INCUMBENTS.  THE PERSONNEL REVIEW BOARD MAY, BY RULE, DESIGNATE AS SEPA-
   37  RATE  UNITS  FOR SUSPENSION AND/OR DEMOTION UNDER THE PROVISIONS OF THIS
   38  SUBPARAGRAPH ANY DEPARTMENT, DIVISION OR SUBDIVISION  OF  THE  AUTHORITY
   39  AND  UPON  THE  ABOLITION  OR  REDUCTION  OF  POSITIONS IN SUCH SERVICE,
   40  SUSPENSION AND/OR DEMOTION SHALL BE MADE FROM AMONG  INCUMBENTS  HOLDING
   41  THE SAME OR SIMILAR POSITIONS IN SUCH SEPARATE UNIT.
   42    (II)  THE  DATE  OF ORIGINAL APPOINTMENT OF EMPLOYEES OF THE AUTHORITY
   43  SHALL BE THE DATE OF ORIGINAL APPOINTMENT ON A PERMANENT  BASIS  IN  THE
   44  CLASSIFIED  SERVICE  OF  THE AUTHORITY FOLLOWED BY CONTINUOUS SERVICE IN
   45  THE AUTHORITY UP TO THE TIME OF SUSPENSION OR DEMOTION; EXCEPT THAT  FOR
   46  THOSE  EMPLOYEES  WHO  WERE  IN THE COMPETITIVE AND LABOR CLASSES OF THE
   47  AUTHORITY ON THE EFFECTIVE DATE OF THIS SECTION, THE  DATE  OF  ORIGINAL
   48  APPOINTMENT  SHALL  BE  THE  DATE OF ORIGINAL APPOINTMENT ON A PERMANENT
   49  BASIS IN THE CIVIL SERVICE OF THE CITY OF NEW YORK FOLLOWED  BY  CONTIN-
   50  UOUS SERVICE IN THE CIVIL SERVICE OF THE CITY OF NEW YORK OR THE AUTHOR-
   51  ITY  UP  TO THE TIME OF SUSPENSION OR DEMOTION. FOR THE PURPOSES OF THIS
   52  SUBPARAGRAPH, AN EMPLOYEE WHO RESIGNED AND WAS REINSTATED OR REAPPOINTED
   53  IN THE CLASSIFIED SERVICE WITHIN ONE YEAR OF THE RESIGNATION, OR WHO WAS
   54  TERMINATED BECAUSE OF AN  OCCUPATIONAL  DISABILITY  AND  WAS  AFTERWARDS
   55  REINSTATED, SHALL BE DEEMED TO HAVE CONTINUOUS SERVICE.
       A. 5351                            10
    1    (III)  THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY SHALL SUPPLY
    2  SUCH INFORMATION AS IS NECESSARY FOR THE  DETERMINATION  OF  RIGHTS  FOR
    3  RETENTION,  ABOLITION  OF POSITIONS, REDUCTIONS IN RANK OR REINSTATEMENT
    4  OF EMPLOYEES OF THE AUTHORITY WHOSE ORIGINAL APPOINTMENT  WAS  PRIOR  TO
    5  THE  ENACTMENT OF THIS SECTION, OR ANY OTHER SUCH INFORMATION OR ASSIST-
    6  ANCE NEEDED BY THE AUTHORITY OR BY THE PERSONNEL REVIEW BOARD  IN  ORDER
    7  TO  TAKE  OVER THE FUNCTIONS PREVIOUSLY PERFORMED BY THE MUNICIPAL CIVIL
    8  SERVICE COMMISSION.
    9    (IV) IN ANY CASE WHERE AN EMPLOYEE OF THE AUTHORITY  IS  SUSPENDED  OR
   10  DEMOTED  BECAUSE  OF  ABOLITION OR REDUCTION OF POSITIONS, THE AUTHORITY
   11  SHALL NOTIFY THE EMPLOYEE OR HIS OR HER REPRESENTATIVE  OF  THE  PENDING
   12  ACTION.
   13    (K)  (I)  PREFERRED  LISTS  SHALL  BE  ESTABLISHED  AS FOLLOWS: WHERE,
   14  BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT
   15  OF ACTIVITIES OR OTHERWISE AN  EMPLOYEE  IN  THE  COMPETITIVE  CLASS  OF
   16  SERVICE  OF  THE  AUTHORITY IS SUSPENDED OR DEMOTED, THE AUTHORITY SHALL
   17  PLACE THE NAME OF SUCH EMPLOYEE UPON A  PREFERRED  LIST,  TOGETHER  WITH
   18  OTHERS  WHO  MAY HAVE BEEN SUSPENDED OR DEMOTED FROM THE SAME OR SIMILAR
   19  POSITIONS IN THE SAME JURISDICTIONAL CLASS, AND CERTIFY  SUCH  LIST,  AS
   20  HEREINAFTER  PROVIDED, FOR FILLING VACANCIES WITHIN THE AUTHORITY IN THE
   21  SAME JURISDICTIONAL CLASS IN THE FOLLOWING ORDER: FIRST, IN THE SAME  OR
   22  SIMILAR  POSITION;  SECOND,  IN ANY POSITION IN A LOWER GRADE IN LINE OF
   23  PROMOTION; AND THIRD, IN ANY COMPARABLE POSITION AS  DETERMINED  BY  THE
   24  AUTHORITY.  SUCH PREFERRED LIST SHALL BE CERTIFIED FOR FILLING A VACANCY
   25  IN ANY SUCH POSITION BEFORE CERTIFICATION IS MADE FROM ANY  OTHER  LIST,
   26  INCLUDING  A PROMOTION ELIGIBLE LIST, NOTWITHSTANDING THE FACT THAT NONE
   27  OF THE PERSONS ON SUCH PREFERRED LIST WAS SUSPENDED FROM OR  DEMOTED  IN
   28  THE  DEPARTMENT  OR  SUSPENSION  AND DEMOTION UNIT IN WHICH SUCH VACANCY
   29  EXISTS. NO OTHER NAME SHALL BE CERTIFIED FROM ANY  OTHER  LIST  FOR  ANY
   30  SUCH  POSITION  UNTIL  SUCH PREFERRED LIST IS EXHAUSTED. THE ELIGIBILITY
   31  FOR REINSTATEMENT OF A PERSON WHOSE NAME APPEARS ON ANY  SUCH  PREFERRED
   32  LIST  SHALL  NOT  CONTINUE  FOR A PERIOD LONGER THAN FOUR YEARS FROM THE
   33  DATE OF SEPARATION OR DEMOTION.
   34    (II) EXCEPT AS  HEREINAFTER  PROVIDED,  THE  NAMES  OF  PERSONS  ON  A
   35  PREFERRED  LIST  SHALL  BE  CERTIFIED  THEREFROM  FOR REINSTATEMENT TO A
   36  VACANCY WITHIN THE AUTHORITY IN AN APPROPRIATE POSITION IN THE ORDER  OF
   37  THEIR ORIGINAL PERMANENT APPOINTMENTS IN ORDER OF SENIORITY AS DESCRIBED
   38  IN  SUBPARAGRAPH (II) OF PARAGRAPH (J) OF THIS SUBDIVISION. WHERE SUCH A
   39  VACANCY EXISTS IN A SEPARATE SUSPENSION AND/OR DEMOTION UNIT, THE  NAMES
   40  OF  PERSONS  SUSPENDED  FROM  OR  DEMOTED  IN  SUCH  UNIT, AND NOT THOSE
   41  SUSPENDED FROM OR DEMOTED IN ANOTHER UNIT OR IN THE AUTHORITY  GENERALLY
   42  SHALL BE CERTIFIED FIRST.
   43    (III)  NOTWITHSTANDING  ANY  OF  THE  PROVISIONS OF THIS PARAGRAPH, NO
   44  PERSON SUSPENDED OR DEMOTED PRIOR TO THE COMPLETION OF HIS OR HER PROBA-
   45  TIONARY TERM SHALL BE CERTIFIED FOR REINSTATEMENT UNTIL  THE  EXHAUSTION
   46  OF  THE  PREFERRED  LIST  OF  ALL  OTHER  ELIGIBLES  THEREON. UPON REIN-
   47  STATEMENT, SUCH PROBATIONER SHALL BE REQUIRED TO  COMPLETE  HIS  OR  HER
   48  PROBATIONARY TERM.
   49    (IV)  THE  PERSONNEL  REVIEW BOARD SHALL ADOPT RULES PROVIDING FOR THE
   50  RELINQUISHMENT OF ELIGIBILITY FOR REINSTATEMENT UPON FAILURE OR  REFUSAL
   51  TO ACCEPT REINSTATEMENT FROM A PREFERRED LIST.
   52    (V)  A  PERSON  REINSTATED  FROM A PREFERRED LIST TO HIS OR HER FORMER
   53  POSITION OR A SIMILAR POSITION IN THE SAME GRADE SHALL RECEIVE AT  LEAST
   54  THE  SAME  SALARY SUCH PERSON WAS RECEIVING AT THE TIME OF SUSPENSION OR
   55  DEMOTION, EXCEPT IN THE EVENT THAT A SALARY REDUCTION  HAS  BEEN  IMPLE-
       A. 5351                            11
    1  MENTED  IN THE FORMER POSITION PRIOR TO THE REINSTATEMENT, IN WHICH CASE
    2  THE SALARY AT REINSTATEMENT MUST INCLUDE THE REDUCTION.
    3    (VI) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE AUTHOR-
    4  ITY  MAY  DISQUALIFY  FOR REINSTATEMENT AND REMOVE FROM A PREFERRED LIST
    5  THE NAME OF ANY ELIGIBLE WHO IS PHYSICALLY OR MENTALLY UNABLE TO PERFORM
    6  THE DUTIES OF THE POSITION FOR WHICH SUCH LIST IS  ESTABLISHED,  OR  WHO
    7  HAS BEEN GUILTY OF SUCH MISCONDUCT AS WOULD WARRANT HIS OR HER DISMISSAL
    8  FROM  THE  PUBLIC SERVICE.   NO PERSON SHALL BE DISQUALIFIED PURSUANT TO
    9  THIS SUBDIVISION UNLESS HE OR SHE IS FIRST GIVEN A WRITTEN STATEMENT  OF
   10  THE  REASONS  THEREFORE  AND  AN OPPORTUNITY FOR A HEARING AT WHICH SUCH
   11  REASONS SHALL BE ESTABLISHED BY APPROPRIATE EVIDENCE, AND AT WHICH  SUCH
   12  PERSON MAY BE REPRESENTED BY COUNSEL AND PRESENT EVIDENCE. THE AUTHORITY
   13  MAY DESIGNATE A PERSON TO HOLD SUCH HEARING AND REPORT THEREON.
   14    (VII)  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF THIS PARAGRAPH, ANY
   15  PERSON MAY VOLUNTARILY REMOVE HIS OR HER NAME FROM A PREFERRED  LIST  BY
   16  APPLICATION TO THE AUTHORITY.
   17    (VIII)  AN  EMPLOYEE  WHO IS ELIGIBLE TO BE PLACED ON A PREFERRED LIST
   18  PURSUANT TO THIS PARAGRAPH AND WHO ELECTS,  AS  A  MEMBER  OF  A  PUBLIC
   19  EMPLOYEE  RETIREMENT  SYSTEM,  TO  RETIRE UPON A SUSPENSION OR DEMOTION,
   20  SHALL BE PLACED ON A PREFERRED LIST AND  SHALL  BE  ELIGIBLE  FOR  REIN-
   21  STATEMENT WITHIN THE AUTHORITY FROM SUCH LIST.
   22    (IX) NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE AUTHORITY TO FILL ANY
   23  VACANCY.
   24    (L) WITH RESPECT TO LEAVE FOR ORDINARY DISABILITY, SECTION SEVENTY-TWO
   25  OF  THE  CIVIL  SERVICE LAW SHALL BE APPLIED EXCEPT THAT THE INDEPENDENT
   26  HEARING OFFICER PROVIDED FOR UNDER SUBDIVISION ONE OF SUCH SECTION SHALL
   27  BE SELECTED FROM A PANEL DESIGNATED BY THE AUTHORITY.
   28    5. UPON THE REQUEST OF THE PERSONNEL REVIEW BOARD  OR  THE  AUTHORITY,
   29  THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY SHALL PROVIDE TECHNI-
   30  CAL  ADVICE  AND  ASSISTANCE  IN THE ADMINISTRATION OF THE PROVISIONS OF
   31  THIS SECTION, WITH RESPECT TO ALL MATTERS PENDING ON THE EFFECTIVE  DATE
   32  OF  THIS SECTION. THE AUTHORITY AND SUCH MUNICIPAL CIVIL SERVICE COMMIS-
   33  SION MAY AGREE UPON THE TERMS OF SUCH ADVICE AND  ASSISTANCE.  THEY  MAY
   34  FURTHER  AGREE  UPON THE TERMS AND CONDITIONS OF THE PROVISION OF ADVICE
   35  AND ASSISTANCE WITH RESPECT TO  MATTERS  ARISING  AFTER  SUCH  EFFECTIVE
   36  DATE, AND SUCH AGREEMENT MAY PROVIDE FOR COMPENSATION TO SUCH COMMISSION
   37  FOR SUCH ADVICE AND ASSISTANCE.
   38    6.  NOTWITHSTANDING  ANY  PROVISION  TO  THE CONTRARY CONTAINED IN ANY
   39  GENERAL, SPECIAL OR LOCAL  LAW,  AND  SPECIFICALLY  NOTWITHSTANDING  THE
   40  PROVISIONS OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW:
   41    (A)  THE  AUTHORITY,  WITH  THE  APPROVAL  OF  THE REVIEW BOARD, SHALL
   42  PROPOSE A PLAN TO THE STATE  CIVIL  SERVICE  COMMISSION  TO  REDUCE  THE
   43  NUMBER  OF  PROVISIONAL  EMPLOYEES  IN  THE COMPETITIVE CLASS SERVING IN
   44  EXCESS OF THE AUTHORIZED TIMEFRAMES TO  A  NUMBER  NOT  TO  EXCEED  FIVE
   45  PERCENT  OF  THE  COMPETITIVE CLASS WORKFORCE WITHIN FIVE YEARS FROM THE
   46  EFFECTIVE DATE OF THIS SECTION. THE AUTHORITY SHALL SUBMIT ITS  PLAN  TO
   47  THE  REVIEW  BOARD  WITHIN  SIXTY  DAYS AFTER THE EFFECTIVE DATE OF THIS
   48  SECTION OR WITHIN SIXTY DAYS OF ITS APPOINTMENT, WHICHEVER IS LATER, AND
   49  THE REVIEW BOARD SHALL APPROVE, MODIFY OR REJECT SUCH PLAN WITHIN NINETY
   50  DAYS OF SUCH SUBMISSION. THE STATE CIVIL SERVICE COMMISSION  SHALL  HAVE
   51  THE  POWER  TO  ACCEPT,  REJECT  OR  MODIFY SUCH PLAN, PROVIDED THAT ANY
   52  MODIFICATIONS SHALL BE MADE BY THE COMMISSION ONLY WITH THE  CONSENT  OF
   53  THE  AUTHORITY.  IF THE AUTHORITY DOES NOT CONSENT TO MODIFICATIONS MADE
   54  BY THE COMMISSION WITHIN SIXTY DAYS, THEN THE PLAN MAY BE DISAPPROVED BY
   55  SUCH COMMISSION. SHOULD THE AUTHORITY NOT PROPOSE AN ACCEPTABLE PLAN  TO
   56  SUCH  COMMISSION  WITHIN  EIGHTEEN  MONTHS OF THE EFFECTIVE DATE OF THIS
       A. 5351                            12
    1  SECTION, SUCH COMMISSION MAY CREATE ITS OWN PLAN  AND  APPROVE  A  FINAL
    2  PLAN  AFTER  AFFORDING  THE AUTHORITY AND ITS REVIEW BOARD SIXTY DAYS TO
    3  SUBMIT COMMENTS AND RECOMMENDATIONS.  THE REVIEW BOARD AND SUCH  COMMIS-
    4  SION  SHALL  HAVE  THE  POWER  TO  DIRECT THE AUTHORITY TO TAKE SPECIFIC
    5  ACTIONS TO MEET THE REQUIREMENTS OF THE APPROVED PLAN. THE APPROVED PLAN
    6  MAY BE MODIFIED BY SUCH COMMISSION UPON APPLICATION  BY  THE  AUTHORITY,
    7  MADE  WITH  APPROVAL  OF  THE REVIEW BOARD. MODIFICATION PURSUANT TO THE
    8  PRECEDING SENTENCE MAY EXTEND THE DURATION OF THE PLAN TO A DATE NO MORE
    9  THAN ONE YEAR BEYOND THE FIVE-YEAR PERIOD OTHERWISE AUTHORIZED  BY  THIS
   10  SUBDIVISION.  FAILURE  OF  SUCH COMMISSION TO ACT UPON ANY SUBMISSION BY
   11  THE AUTHORITY PURSUANT TO THIS SUBDIVISION WITHIN SIXTY  DAYS  SHALL  BE
   12  DEEMED  AN  APPROVAL  OF  SUCH SUBMISSION. ANY SUCH SIXTY-DAY TIME FRAME
   13  SHALL BE TOLLED BY A REQUEST BY SUCH COMMISSION FOR ADDITIONAL  INFORMA-
   14  TION  PENDING THE RECEIPT OF SUCH INFORMATION. THE EIGHTEEN-MONTH PERIOD
   15  WITHIN WHICH THE AUTHORITY IS TO  PROPOSE  AN  ACCEPTABLE  PLAN  TO  THE
   16  COMMISSION, AFTER WHICH PERIOD THE COMMISSION MAY CREATE A FINAL PLAN AS
   17  PROVIDED ABOVE, SHALL ALSO BE TOLLED PENDING THE COMMISSION'S RECEIPT OF
   18  SUCH  ADDITIONAL INFORMATION. SUCH COMMISSION SHALL APPROVE THE PLAN AND
   19  ANY MODIFICATION THEREOF IF IT FINDS  THAT,  CONSISTENT  WITH  AVAILABLE
   20  RESOURCES  AND  THE NEED FOR CONTINUITY IN PUBLIC SERVICES, SUCH PLAN OR
   21  MODIFICATION THEREOF PROVIDES A TIMELY  AND  PRACTICABLE  IMPLEMENTATION
   22  SCHEDULE  IN  FURTHERANCE  OF THE PURPOSES OF THIS SUBDIVISION. NOTWITH-
   23  STANDING ANY INCONSISTENT PROVISION OF THIS SUBDIVISION, WHERE A MODIFI-
   24  CATION IS INSUBSTANTIAL, AND WILL NOT MATERIALLY AFFECT THE  ABILITY  OF
   25  THE  AUTHORITY  TO  ACHIEVE  TIMELY SUBSTANTIAL COMPLIANCE WITH THE TIME
   26  PERIODS SET FORTH IN THE PLAN, THE AUTHORITY WITH APPROVAL OF ITS REVIEW
   27  BOARD, MAY SO CERTIFY AND THE MODIFICATION MAY BE IMPLEMENTED AND  SHALL
   28  BE  FILED  BY  THE  AUTHORITY  WITH SUCH COMMISSION WITHIN FIVE BUSINESS
   29  DAYS.
   30    (B) UPON THE EFFECTIVE DATE OF THIS SECTION, THE PROVISIONS OF  SUBDI-
   31  VISIONS TWO, FIVE AND SIX OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW
   32  SHALL NOT APPLY TO AUTHORITY EMPLOYEES DURING THE PERIOD OF DEVELOPMENT,
   33  SUBMISSION,  APPROVAL AND IMPLEMENTATION OF SAID PLAN, AND THE AUTHORITY
   34  SHALL IN NO EVENT BE CONSIDERED A "DCAS EMPLOYER" WITHIN THE MEANING  OF
   35  PARAGRAPH  (A)  OF  SUBDIVISION  FIVE OF SUCH SECTION. THE PROVISIONS OF
   36  SUBDIVISION TWO OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW SHALL  BE
   37  APPLICABLE  TO  ANY PROVISIONAL EMPLOYEE SERVING IN A POSITION FOR WHICH
   38  AN APPROPRIATE ELIGIBLE LIST HAS BEEN ESTABLISHED PURSUANT TO SUCH PLAN,
   39  UNLESS SUCH LIST IS NOT ADEQUATE TO FILL ALL POSITIONS THEN  HELD  ON  A
   40  PROVISIONAL  BASIS  OR IS EXHAUSTED IMMEDIATELY FOLLOWING ITS ESTABLISH-
   41  MENT.
   42    7. EXCEPT AS OTHERWISE PROVIDED IN THIS  TITLE,  AN  EMPLOYEE  OF  THE
   43  AUTHORITY  SHALL  NOT  BE  CONSIDERED  A  STATE OR CITY EMPLOYEE FOR ANY
   44  PURPOSES SET FORTH IN ARTICLES ONE THROUGH NINE  OF  THE  CIVIL  SERVICE
   45  LAW.
   46    8.  THE AUTHORITY AND THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY
   47  OF ITS AFFILIATES OR SUBSIDIARIES ARE AUTHORIZED TO ASSIST OR  COOPERATE
   48  IN  THE  PERFORMANCE  OF  THE RESPONSIBILITIES OR FUNCTIONS SET FORTH IN
   49  THIS SECTION IN SUCH MANNER AS THE AUTHORITY AND THE METROPOLITAN TRANS-
   50  PORTATION AUTHORITY DEEM APPROPRIATE.
   51    9. ALL REFERENCES IN THIS  SECTION  TO  THE  MUNICIPAL  CIVIL  SERVICE
   52  COMMISSION  OF  THE  CITY  SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL THE
   53  POWERS AND DUTIES OF A MUNICIPAL CIVIL SERVICE  COMMISSION  ASSIGNED  TO
   54  THE  COMMISSIONER OF THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES,
   55  THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, THE MAYOR, THE  CITY
   56  CIVIL  SERVICE  COMMISSION  AND/OR  THE  HEADS  OF  THE CITY AGENCIES AS
       A. 5351                            13
    1  PROVIDED IN CHAPTER THIRTY-FIVE OF THE NEW YORK CITY CHARTER AND AS  SET
    2  FORTH IN THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF NEW YORK.
    3    S  5.  Subdivision  1 of section 554 of the public authorities law, as
    4  amended by chapter 1011 of the laws of  1984,  is  amended  to  read  as
    5  follows:
    6    1.  [Officers] EXCEPT AS PROVIDED IN SECTION FIVE HUNDRED FIFTY-FOUR-A
    7  OF THIS TITLE, OFFICERS and employees of any board or department  in  or
    8  of  the  city may be transferred to the authority, and shall be eligible
    9  for such transfer and appointment without  examination  to  offices  and
   10  positions  under  the authority.  Notwithstanding the provisions of this
   11  title, the officers and employees of the city, who are members or  bene-
   12  ficiaries  of  any existing pension or retirement system, shall continue
   13  to have the rights, privileges, obligations and status with  respect  to
   14  such  system  or  systems,  as  are  now prescribed by law; and all such
   15  employees, who have been appointed to positions in the  service  of  the
   16  city  under the rules and classifications of the municipal civil service
   17  commission shall have the same status with respect thereto after  trans-
   18  fer  to the authority as they had under their original appointments. Any
   19  person appointed by the authority under the rules and classifications of
   20  the municipal civil service commission of the  city,  originally  or  by
   21  transfer  or  otherwise,  including  persons  employed  or  eligible for
   22  appointment under the board of education of the city or of any agency of
   23  any kind whatsoever subject to the  rules  and  classifications  of  the
   24  municipal  civil  service  commission  of the city, shall have and shall
   25  continue to have all the rights, privileges, obligations and status with
   26  respect to such pension or retirement systems, including  not  only  the
   27  right  to  admission therein, but continuance and reinstatement therein,
   28  to the same extent and in like manner as though he had  been  appointed,
   29  transferred  or  restored to the civil service of the city, the board of
   30  education or any other agency of any  kind  whatsoever  subject  to  the
   31  rules  and  classifications of the municipal civil service commission of
   32  the city. The appointment and promotion of all employees of the authori-
   33  ty shall be made in accordance with the provisions of the civil  service
   34  law  under the jurisdiction of the municipal civil service commission of
   35  the city.
   36    S 6. The public authorities law is amended by  adding  a  new  section
   37  554-a to read as follows:
   38    S  554-A.  PERSONNEL  SYSTEM; PERSONNEL REVIEW BOARD. 1. THE FOLLOWING
   39  WORDS AND PHRASES, AS USED IN THIS SECTION,  SHALL  HAVE  THE  FOLLOWING
   40  MEANINGS:
   41    (A)  "PERSONNEL  REVIEW  BOARD"  OR  "REVIEW  BOARD"  MEANS  THE  BODY
   42  APPOINTED PURSUANT TO THIS SECTION BY THE BOARD AND  SHALL  ACT  IN  THE
   43  CAPACITY  AND  FULFILL THE ROLES WHICH WOULD BE PERFORMED BY THE COMMIS-
   44  SION, CIVIL SERVICE COMMISSION AND MUNICIPAL  CIVIL  SERVICE  COMMISSION
   45  FOR THE PURPOSES OF APPLYING THE CIVIL SERVICE LAW TO POSITIONS FORMERLY
   46  COVERED BY SECTION FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
   47    (B)  "CLASSIFIED  SERVICE"  MEANS ALL POSITIONS IN THE AUTHORITY WHICH
   48  ARE NOT IN THE UNCLASSIFIED SERVICE.
   49    (C) "JURISDICTIONAL CLASSIFICATION" MEANS THE ASSIGNMENT OF  POSITIONS
   50  IN  THE CLASSIFIED SERVICE TO THE COMPETITIVE, NONCOMPETITIVE, EXEMPT OR
   51  LABOR CLASSES.
   52    (D) "POSITION  CLASSIFICATION",  "CLASSIFICATION",  "RECLASSIFICATION"
   53  AND  "CLASSIFY"  MEAN  GROUPING  TOGETHER  UNDER  COMMON AND DESCRIPTIVE
   54  TITLES THOSE POSITIONS THAT ARE SUBSTANTIALLY SIMILAR IN  THE  ESSENTIAL
   55  CHARACTER  AND  SCOPE  OF THEIR DUTIES AND RESPONSIBILITIES AND REQUIRED
   56  QUALIFICATIONS.
       A. 5351                            14
    1    2. THE APPOINTMENT, PROMOTION AND CONTINUATION OF  EMPLOYMENT  OF  ALL
    2  EMPLOYEES  OF  THE  AUTHORITY SHALL BE GOVERNED BY THE CIVIL SERVICE LAW
    3  AND THE RULES AND REGULATIONS PRESCRIBED BY THE PERSONNEL  REVIEW  BOARD
    4  WHICH  SHALL  ASSUME  THE POWERS PREVIOUSLY EXERCISED BY THE COMMISSION,
    5  CIVIL  SERVICE  COMMISSION AND BY THE MUNICIPAL CIVIL SERVICE COMMISSION
    6  OF THE CITY.  UNTIL SUCH TIME AS RULES ARE PROMULGATED BY THE  PERSONNEL
    7  REVIEW  BOARD,  THE  AUTHORITY  SHALL  ADMINISTER  ITS PERSONNEL ACTIONS
    8  PURSUANT TO RULES AND REGULATIONS, CLASS  SPECIFICATIONS  AND  PERSONNEL
    9  ORDERS  OF  THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY IN EFFECT
   10  ON THE EFFECTIVE DATE OF THIS SUBDIVISION. SUCH RULES  AND  REGULATIONS,
   11  SPECIFICATIONS AND ORDERS SHALL COLLECTIVELY BE DEEMED TO CONSTITUTE THE
   12  RULES  AND REGULATIONS OF THE REVIEW BOARD UNTIL SUCH TIME AS THE REVIEW
   13  BOARD PROMULGATES ITS OWN RULES AND REGULATIONS. DURING SUCH PERIOD, ANY
   14  REFERENCE TO THE MUNICIPAL CIVIL SERVICE COMMISSION, THE COMMISSIONER OF
   15  CITYWIDE ADMINISTRATIVE SERVICES, THE DEPARTMENT OF CITYWIDE ADMINISTRA-
   16  TIVE SERVICES OR ANY OTHER GOVERNMENTAL  OFFICER,  EMPLOYEE,  AGENCY  OR
   17  OFFICE  CONTAINED  IN  SUCH  RULES  AND  REGULATIONS, SPECIFICATIONS AND
   18  ORDERS SHALL BE DEEMED TO REFER  TO  THE  PERSONNEL  REVIEW  BOARD,  THE
   19  AUTHORITY  OR  SUCH OTHER POSITION OR PERSON AS MAY BE DESIGNATED BY THE
   20  PERSONNEL REVIEW BOARD.
   21    (A) NOTWITHSTANDING ANY PROVISION TO THE  CONTRARY  CONTAINED  IN  ANY
   22  GENERAL,  SPECIAL  OR LOCAL LAW, AND EXCEPT AS PROVIDED IN THIS SUBDIVI-
   23  SION, PERMANENT EMPLOYEES OF THE AUTHORITY SHALL CONTINUE TO HOLD  THEIR
   24  POSITIONS  WITHOUT FURTHER EXAMINATION AND SHALL HAVE ALL THE RIGHTS AND
   25  PRIVILEGES OF THE JURISDICTIONAL CLASS TO WHICH SUCH  POSITIONS  MAY  BE
   26  ALLOCATED, EXCEPT THAT EFFECTIVE WITH THE ENACTMENT OF THIS SECTION, ALL
   27  MANAGERIAL POSITIONS THAT REPORT TO THE EXECUTIVE OFFICER OF THE AUTHOR-
   28  ITY,  THEIR  DIRECT REPORTS, AND THE DIVISION HEADS THAT REPORT TO THESE
   29  DIRECT REPORTS SHALL BE DESIGNATED  AS  NON-COMPETITIVE  IN  RECOGNITION
   30  THAT  IT IS NOT PRACTICABLE TO ASCERTAIN THE MERIT AND FITNESS FOR THESE
   31  POSITIONS BY COMPETITIVE EXAMINATION.  THIS PROVISION SHALL NOT  ACT  TO
   32  CHANGE THE NON-COMPETITIVE CLASSIFICATION OF ANY OTHER POSITION OR TITLE
   33  CLASSIFIED  AS NON-COMPETITIVE AS OF THE EFFECTIVE DATE OF THIS SECTION.
   34  FURTHER, NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN  ANY
   35  GENERAL,  SPECIAL OR LOCAL LAW, OR ANY OTHER PROVISION CONTAINED IN THIS
   36  SECTION, WITHIN ONE YEAR FROM THE APPOINTMENT OF THE REVIEW  BOARD,  THE
   37  AUTHORITY MAY REQUEST THAT THE REVIEW BOARD APPROVE THE RECLASSIFICATION
   38  OR CREATION OF OTHER POSITIONS AND TITLES WITHIN THE AUTHORITY'S MANAGE-
   39  RIAL  WORK FORCE AS NON-COMPETITIVE WITHOUT THE NECESSITY OF ANY FURTHER
   40  REVIEW IN RECOGNITION THAT IT IS NOT PRACTICABLE TO ASCERTAIN THE  MERIT
   41  AND  FITNESS  FOR  THESE  POSITIONS THROUGH COMPETITIVE EXAMINATIONS, SO
   42  LONG AS THE POSITIONS REQUESTED TO BE CLASSIFIED AS NON-COMPETITIVE  ARE
   43  NOT  MORE  THAN  FIVE REPORTING LEVELS FROM THE EXECUTIVE OFFICER OF THE
   44  AUTHORITY.  SUCH REQUEST SHALL INCLUDE A DESCRIPTION OF  THE  DUTIES  OF
   45  SUCH  POSITIONS  AND AN EXPLANATION OF THE JUSTIFICATION FOR THE CLASSI-
   46  FICATION AS NON-COMPETITIVE. THE REVIEW BOARD SHALL HAVE  THE  POWER  TO
   47  DESIGNATE SUCH POSITIONS AS NON-COMPETITIVE UPON RECEIPT OF SUCH REQUEST
   48  OR  WITHIN  SUCH  TIME  AS  IT FINDS APPROPRIATE. THIS SECTION SHALL NOT
   49  PRECLUDE ANY OTHER APPLICATION FOR CLASSIFICATION OF POSITIONS OR TITLES
   50  AS NON-COMPETITIVE IN ACCORDANCE WITH THE PROCEDURES OTHERWISE  APPLICA-
   51  BLE TO CLASSIFICATIONS.
   52    (B)  THE  OFFICERS AND EMPLOYEES OF THE AUTHORITY SHALL CONTINUE TO BE
   53  SUBJECT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND  FOR  ALL  SUCH
   54  PURPOSES  SHALL  BE  DEEMED  "PUBLIC  EMPLOYEES".    NOTWITHSTANDING ANY
   55  PROVISION TO THE CONTRARY IN ARTICLE FOURTEEN OF THE CIVIL  SERVICE  LAW
   56  OR  ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY MATTER CONSIDERED TO BE
       A. 5351                            15
    1  A TERM AND CONDITION OF EMPLOYMENT THAT HAD BEEN  WITHIN  THE  EXCLUSIVE
    2  AUTHORITY  OF  THE  MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY ON OR
    3  PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT  WAS  NOT  A  MANDATORY
    4  SUBJECT OF BARGAINING UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AS
    5  A  RESULT  OF  SUCH  EXCLUSIVE  AUTHORITY  SHALL  REMAIN A NON-MANDATORY
    6  SUBJECT OF BARGAINING FOR THE AUTHORITY AFTER, AND  REGARDLESS  OF,  THE
    7  CHANGES SET FORTH IN THIS SECTION.
    8    (C)  NOTHING  CONTAINED  IN  THIS SUBDIVISION SHALL SUPERSEDE, EXPAND,
    9  IMPAIR OR DIMINISH THE RIGHTS OF ANY OFFICER OR EMPLOYEE OF THE AUTHORI-
   10  TY UNDER OR PURSUANT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW,  OR
   11  LIMIT  EMPLOYEE RIGHTS TO INSTITUTE PROCEEDINGS AGAINST THE AUTHORITY IN
   12  ACCORDANCE WITH ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
   13  RULES.
   14    3.  (A) THE BOARD SHALL APPOINT A PERSONNEL REVIEW BOARD CONSISTING OF
   15  THREE PERSONS. THE BOARD AND THE BOARD OF  THE  NEW  YORK  CITY  TRANSIT
   16  AUTHORITY  SHALL  JOINTLY APPOINT BY SEPARATE RESOLUTIONS THE MEMBERS OF
   17  THE PERSONNEL REVIEW BOARD, AND SUCH MEMBERS SHALL  ALSO  SERVE  AS  THE
   18  PERSONNEL REVIEW BOARD THAT IS ESTABLISHED UNDER PARAGRAPH (A) OF SUBDI-
   19  VISION  THREE  OF  SECTION TWELVE HUNDRED TEN-B OF THIS CHAPTER. PERSONS
   20  APPOINTED TO THE PERSONNEL REVIEW BOARD  MAY  NOT  BE  CURRENT  MEMBERS,
   21  OFFICERS  OR  EMPLOYEES  OF  THE  AUTHORITY,  THE  NEW YORK CITY TRANSIT
   22  AUTHORITY,  OR  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY,  INCLUDING
   23  AFFILIATES  AND/OR SUBSIDIARIES OF SUCH AUTHORITIES, OR CURRENT OFFICERS
   24  OR AGENTS OF ANY  LABOR  ORGANIZATION  REPRESENTING  EMPLOYEES  OF  SUCH
   25  AUTHORITIES, AFFILIATES, AND/OR SUBSIDIARIES.
   26    (I)  THE  MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL BE APPOINTED FOR
   27  THREE-YEAR TERMS, EXCEPT THAT THE TERMS OF THE MEMBERS OF THE  PERSONNEL
   28  REVIEW  BOARD  SHALL BE STAGGERED SO THAT THE TERM OF ONE MEMBER EXPIRES
   29  EACH YEAR, WITH THE INITIAL TERM OF THE FIRST  MEMBER  EXPIRING  AT  THE
   30  CONCLUSION  OF THE THIRD YEAR FOLLOWING APPOINTMENT, THE INITIAL TERM OF
   31  THE SECOND MEMBER EXPIRING AT THE CONCLUSION OF THE FOURTH YEAR AND  THE
   32  INITIAL TERM OF THE THIRD MEMBER EXPIRING AT THE CONCLUSION OF THE FIFTH
   33  YEAR.
   34    (II)  ANY MEMBER OF THE PERSONNEL REVIEW BOARD MAY BE REMOVED PURSUANT
   35  TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION TWENTY-FOUR OF THE CIVIL
   36  SERVICE LAW. IN THE EVENT OF SUCH A REMOVAL, OR OF A  RESIGNATION  BY  A
   37  MEMBER OF THE PERSONNEL REVIEW BOARD, THE BOARD OF THE TRIBOROUGH BRIDGE
   38  AND TUNNEL AUTHORITY, IN CONJUNCTION WITH THE BOARD OF THE NEW YORK CITY
   39  TRANSIT  AUTHORITY,  SHALL APPOINT A SUCCESSOR FOR THE UNEXPIRED TERM OF
   40  THE MEMBER IN ACCORDANCE WITH THE REQUIREMENTS AND PROCEDURES SET  FORTH
   41  IN PARAGRAPH (A) OF THIS SUBDIVISION.
   42    (III)  THE  MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL ANNUALLY ELECT
   43  ONE OF THE MEMBERS TO SERVE AS CHAIR.
   44    (B) (I) THE PERSONNEL REVIEW BOARD SHALL PRESCRIBE AND AMEND RULES AND
   45  REGULATIONS CONSISTENT WITH  THE  APPLICABLE  PROVISIONS  OF  THE  CIVIL
   46  SERVICE LAW, FOR EFFECTING THE PROVISIONS OF THIS SECTION, INCLUDING BUT
   47  NOT LIMITED TO RULES FOR:
   48    (A)  THE JURISDICTIONAL CLASSIFICATION OF OFFICES AND POSITIONS IN THE
   49  CLASSIFIED SERVICE OF THE AUTHORITY;
   50    (B)  EXAMINATIONS,  APPOINTMENTS,  PROMOTIONS,  TRANSFERS,  AND  REIN-
   51  STATEMENTS;
   52    (C) RULES FOR THE HEARING AND DETERMINATION OF APPEALS;
   53    (D)  THE  DESIGNATION  OF POSITIONS IN THE NON-COMPETITIVE CLASS WHICH
   54  ARE CONFIDENTIAL OR REQUIRE THE  PERFORMANCE  OF  FUNCTIONS  INFLUENCING
   55  POLICY; AND
       A. 5351                            16
    1    (E)  THE DESIGNATION AS SEPARATE UNITS FOR SUSPENSION OR DEMOTION UPON
    2  THE ABOLITION OR REDUCTION OF POSITIONS IN ANY DEPARTMENT,  DIVISION  OR
    3  SUBDIVISION OF THE AUTHORITY.
    4    (II)  THE  PERSONNEL  REVIEW  BOARD  SHALL  HEAR AND DETERMINE APPEALS
    5  INSTITUTED BY ANY PERSON BELIEVING HIMSELF OR HERSELF AGGRIEVED  BY  ANY
    6  ACTION  OR  DETERMINATION OF THE AUTHORITY ALLEGED TO BE IN VIOLATION OF
    7  THE APPLICABLE REVIEW BOARD RULES  OR  APPLICABLE  PERSONNEL  RULES  AND
    8  REGULATIONS,  CLASS  SPECIFICATIONS  AND PERSONNEL ORDERS OF THE CITY OF
    9  NEW YORK AND ALL OTHER APPLICABLE PROVISIONS OF LOCAL  OR  GENERAL  LAWS
   10  RELATING  TO  CIVIL  SERVICE PERSONNEL UNTIL SUCH REVIEW BOARD RULES ARE
   11  ADOPTED; PROVIDED, HOWEVER, THAT NO SUCH APPEAL SHALL BE ALLOWED IF  THE
   12  ACTION  OR DETERMINATION INVOLVED WAS CONSIDERED AND APPROVED IN ADVANCE
   13  BY THE PERSONNEL REVIEW BOARD.
   14    (III) UPON SUBMISSION OF A NOTICE OF APPEAL FROM ANY INDIVIDUAL OR HIS
   15  OR HER REPRESENTATIVE, THE PERSONNEL REVIEW BOARD SHALL REVIEW THE CLAIM
   16  AND DETERMINE IF THE ACTION VIOLATED THE REVIEW BOARD RULES, PROMULGATED
   17  UNDER THE POWERS GRANTED HEREIN, INCLUDING, BUT  NOT  LIMITED  TO  RULES
   18  FOR:
   19    (A)  THE JURISDICTIONAL CLASSIFICATION OF OFFICES AND POSITIONS IN THE
   20  CLASSIFIED SERVICE OF THE AUTHORITY;
   21    (B)  EXAMINATIONS,  APPOINTMENTS,  PROMOTIONS,  TRANSFERS,  AND  REIN-
   22  STATEMENTS; AND
   23    (C)  THE  DESIGNATION  OF POSITIONS IN THE NON-COMPETITIVE CLASS WHICH
   24  ARE CONFIDENTIAL OR REQUIRE THE  PERFORMANCE  OF  FUNCTIONS  INFLUENCING
   25  POLICY.
   26    (IV)  THE  PERSONNEL  REVIEW  BOARD SHALL HAVE THE POWER TO ADMINISTER
   27  OATHS AND TO ISSUE SUBPOENAS TO REQUIRE THE ATTENDANCE IN THIS STATE  OF
   28  WITNESSES  AND  THE  PRODUCTION  OF  BOOKS  AND  PAPERS PERTINENT TO THE
   29  APPEAL. FOR THIS PURPOSE THE PERSONNEL REVIEW BOARD  SHALL  POSSESS  ALL
   30  THE  POWERS  CONFERRED BY THE CIVIL PRACTICE LAW AND RULES UPON A BOARD,
   31  COMMISSION OR COMMITTEE.  THE PERSONNEL REVIEW BOARD AND ANY OFFICER  OR
   32  EMPLOYEE  DESIGNATED IN WRITING BY THE AUTHORITY TO ACT ON BEHALF OF THE
   33  PERSONNEL REVIEW BOARD MAY INVOKE THE POWER OF ANY COURT  OF  RECORD  IN
   34  THE  STATE  TO COMPEL WITNESSES TO ATTEND, TESTIFY AND PRODUCE BOOKS AND
   35  PAPERS.
   36    (C) THE SECRETARY OF THE AUTHORITY, OR SUCH OTHER PERSON  EMPLOYED  BY
   37  THE  AUTHORITY  OR  THE METROPOLITAN TRANSPORTATION AUTHORITY, ITS OTHER
   38  AFFILIATES OR SUBSIDIARIES AS MAY BE DESIGNATED BY THE EXECUTIVE  DIREC-
   39  TOR, SHALL SERVE AS SECRETARY OF THE PERSONNEL REVIEW BOARD.
   40    (D) THE MEMBERS OF THE PERSONNEL REVIEW BOARD SHALL RECEIVE THE NECES-
   41  SARY TRAVEL AND OTHER EXPENSES INCURRED IN THE PERFORMANCE OF THE DUTIES
   42  OF  SUCH  OFFICE,  AND  SHALL  RECEIVE  IN  ADDITION  A PER DIEM FEE FOR
   43  SERVICES RENDERED AS SHALL BE DETERMINED BY THE BOARD.
   44    (E) (I) ANY APPEAL AUTHORIZED BY THIS SUBDIVISION SHALL BE  INSTITUTED
   45  BY  FILING  WITH  THE  PERSONNEL REVIEW BOARD A WRITTEN NOTICE OF APPEAL
   46  STATING THE RULE AND REGULATION, ACTION OR DETERMINATION  WHICH  IS  THE
   47  SUBJECT  OF  THE  APPEAL,  THE  GROUNDS FOR THE APPEAL, AND THE RULE AND
   48  REGULATION CLAIMED TO BE VIOLATED AND SIGNED BY THE  PERSON  OR  PERSONS
   49  APPEALING OR THEIR REPRESENTATIVE.
   50    (II)  ANY  SUCH  APPEAL  SHALL  BE  FILED WITHIN THIRTY DAYS FOLLOWING
   51  NOTICE BY THE AUTHORITY OF THE ACTION OR DETERMINATION TO  BE  REVIEWED;
   52  EXCEPT  THAT  THE  PERSONNEL REVIEW BOARD FOR GOOD CAUSE SHOWN MAY WAIVE
   53  SUCH THIRTY-DAY LIMITATION.
   54    (III) THE PERSONNEL REVIEW BOARD MAY INVESTIGATE OR INQUIRE  INTO  THE
   55  FACTS  RELATIVE  TO  THE ACTION OR DETERMINATION APPEALED FROM AS MAY BE
   56  DEEMED ADVISABLE AND SHALL AFFORD THE APPELLANT AND/OR HIS OR HER REPRE-
       A. 5351                            17
    1  SENTATIVE AN OPPORTUNITY TO BE HEARD IN PERSON OR IN WRITING TO  PRESENT
    2  EVIDENCE  AND ARGUMENT. THE PERSONNEL REVIEW BOARD MAY AFFIRM, MODIFY OR
    3  REVERSE SUCH ACTION OR DETERMINATION.
    4    (IV)  THE PERSONNEL REVIEW BOARD SHALL DECIDE EACH APPEAL FILED WITHIN
    5  SIXTY DAYS FOLLOWING THE DATE ON WHICH THE SUBMISSION OF FACTS, INFORMA-
    6  TION AND EVIDENCE IS DEEMED COMPLETE BY THE PERSONNEL REVIEW BOARD.
    7    (V) THE PERSON SEEKING REVIEW AND HIS OR HER REPRESENTATIVE  SHALL  BE
    8  FURNISHED  A  COPY  OF  THE  PERSONNEL  REVIEW  BOARD'S WRITTEN DECISION
    9  CONCURRENTLY WITH ITS FILING WITH THE SECRETARY OF THE PERSONNEL  REVIEW
   10  BOARD.  A  DECISION OF THE PERSONNEL REVIEW BOARD SHALL BECOME FINAL AND
   11  BINDING WHEN FILED WITH THE SECRETARY OF  THE  PERSONNEL  REVIEW  BOARD.
   12  REVIEW OF ANY SUCH FINAL DECISION SHALL BE BY A PROCEEDING AUTHORIZED BY
   13  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   14    (F)  BEFORE  ADOPTING  ANY  RULE OR REGULATION AFFECTING THE RIGHTS OF
   15  EMPLOYEES, THE PERSONNEL  REVIEW  BOARD  SHALL  PUBLISH  NOTICE  OF  THE
   16  PROPOSED  RULE  CHANGES  NO LATER THAN THIRTY DAYS PRIOR TO THE PROPOSED
   17  EFFECTIVE DATE.
   18    (I) PUBLICATION OF THE NOTICE OF PROPOSED RULE-MAKING SHALL BE  ACCOM-
   19  PLISHED  BY  POSTING  A  COPY  AT  APPROPRIATE FACILITIES THROUGHOUT THE
   20  AUTHORITY AS DETERMINED BY THE AUTHORITY AND BY SERVING A  COPY  OF  THE
   21  NOTICE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED UPON THE UNIONS CERTI-
   22  FIED  OR RECOGNIZED TO REPRESENT EMPLOYEES OF THE AUTHORITY. PUBLICATION
   23  SHALL BE COMPLETE UPON THE POSTING AND  MAILING  AS  DESCRIBED  IN  THIS
   24  SUBPARAGRAPH.
   25    (II)  A  NOTICE OF THE PROPOSED RULE-MAKING SHALL CONTAIN THE COMPLETE
   26  TEXT OF THE PROPOSED RULE OR RULES, AND THE LAST  DATE  UPON  WHICH  THE
   27  PERSONNEL  REVIEW  BOARD  WILL RECEIVE COMMENT UPON THE PROPOSED RULE OR
   28  RULES; PROVIDED, HOWEVER, THAT IF THE TEXT OF THE PROPOSED RULE  EXCEEDS
   29  TWO  THOUSAND  WORDS, THE NOTICE SHALL CONTAIN ONLY A DESCRIPTION OF THE
   30  SUBJECT, PURPOSE AND SUBSTANCE OF SUCH RULE, AND SHALL STATE  FROM  WHAT
   31  PERSON THE COMPLETE TEXT MAY BE OBTAINED.
   32    (III)  THE  PERSONNEL  REVIEW BOARD MAY RECEIVE COMMENTS ON A PROPOSED
   33  RULE OR RULES IN WRITING OR, IN AN APPROPRIATE CASE, MAY CONDUCT A HEAR-
   34  ING UPON THE PROPOSED RULE.
   35    (IV) ANY RULE ADOPTED BY THE PERSONNEL REVIEW BOARD SHALL TAKE  EFFECT
   36  WHEN  SIGNED BY THE CHAIRPERSON OF THE PERSONNEL REVIEW BOARD. NOTICE OF
   37  ADOPTION OF A RULE SHALL BE PUBLISHED WITHIN TEN BUSINESS  DAYS  OF  ITS
   38  ADOPTION IN THE SAME MANNER AS THE NOTICE OF PROPOSED RULE-MAKING.
   39    (V) IN PROMULGATING ITS RULES, THE PERSONNEL REVIEW BOARD SHALL NOT BE
   40  SUBJECT TO THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT, THE
   41  EXECUTIVE  LAW,  OR  THE  PROCEDURE  FOR ADOPTING RULES CONTAINED IN THE
   42  CIVIL SERVICE LAW.
   43    (VI) THE SECRETARY  TO  THE  PERSONNEL  REVIEW  BOARD  SHALL  MAINTAIN
   44  MINUTES OF THE MEETINGS OF THE PERSONNEL REVIEW BOARD AND SHALL MAINTAIN
   45  COMPLETE  COPIES  OF  THE RULES AND REGULATIONS ADOPTED BY THE PERSONNEL
   46  REVIEW BOARD. SUCH MINUTES AND RULES SHALL BE OPEN TO PUBLIC  INSPECTION
   47  AND  COPYING  DURING  ALL  ORDINARY  BUSINESS  HOURS OF THE AUTHORITY IN
   48  ACCORDANCE WITH THE APPLICABLE PROVISIONS OF ARTICLE SIX OF  THE  PUBLIC
   49  OFFICERS LAW.
   50    4.  (A)  THE  AUTHORITY  SHALL  HAVE  THE POWER TO PREPARE AND PROPOSE
   51  PERSONNEL RULES  AND  REGULATIONS  FOR  CONSIDERATION  AND  ADOPTION  OR
   52  MODIFICATION  BY  THE  PERSONNEL  REVIEW BOARD. SUCH ADOPTED RULES SHALL
   53  GUIDE THE AUTHORITY IN THE ADMINISTRATION OF PERSONNEL SERVICE.
   54    (B) THE AUTHORITY SHALL DETERMINE THE MERIT AND FITNESS OF  CANDIDATES
   55  FOR  COMPETITIVE  CLASS  POSITIONS  THROUGH THE PREPARATION AND ADMINIS-
   56  TRATION OF CONTENT BASED EXAMINATIONS FOR ENTRY  LEVEL  AND  PROMOTIONAL
       A. 5351                            18
    1  POSITIONS. THE AUTHORITY'S RESPONSIBILITIES INCLUDE, BUT ARE NOT LIMITED
    2  TO:
    3    (I)  CONDUCTING  JOB ANALYSES TO IDENTIFY ESSENTIAL JOB DUTIES FOR THE
    4  PREPARATION OF CONTENT BASED EXAMINATIONS AND ADMINISTERING  SUCH  EXAM-
    5  INATIONS;
    6    (II)  ISSUING  NOTICES OF EXAMINATION SETTING FORTH MINIMUM QUALIFICA-
    7  TIONS REQUIRED, THE SUBJECTS OF THE EXAMINATION AND SUCH OTHER  INFORMA-
    8  TION AS IS APPROPRIATE;
    9    (III) DETERMINING CANDIDATES' ELIGIBILITY FOR EXAMINATION;
   10    (IV)  ESTABLISHING  ELIGIBLE  LISTS BASED UPON THE RATINGS RECEIVED BY
   11  CANDIDATES FOR HIRE AND PROMOTION; AND
   12    (V) CERTIFICATION AND APPOINTMENT IN ACCORDANCE WITH THE REVIEW  BOARD
   13  RULES.
   14    (C)  THE  AUTHORITY SHALL ESTABLISH REVIEW PROCEDURES FOR EXAMINATIONS
   15  AND WHERE, FOLLOWING THE DULY ESTABLISHED PROCEDURES, A  FINAL  DETERMI-
   16  NATION  IS  MADE  AS  TO THE ANSWERS THAT ARE ACCEPTABLE ON A PARTICULAR
   17  EXAMINATION, COURT REVIEW SHALL BE LIMITED TO A DETERMINATION OF WHETHER
   18  SUCH DULY ESTABLISHED REVIEW PROCEDURES  WERE  FOLLOWED,  AND  NO  COURT
   19  SHALL  HAVE AUTHORITY TO DETERMINE WHETHER THE AUTHORITY'S DETERMINATION
   20  WAS CORRECT.
   21    (D) THE AUTHORITY SHALL HAVE THE  POWER,  SUBJECT  TO  APPEAL  TO  THE
   22  PERSONNEL  REVIEW  BOARD  OF  ANY  CLAIMED VIOLATION OF THE REVIEW BOARD
   23  RULES:
   24    (I) TO CLASSIFY AND/OR RECLASSIFY  ANY  POSITIONS  IN  THE  CLASSIFIED
   25  SERVICE OF THE AUTHORITY; AND
   26    (II)  TO  ALLOCATE  AND  REALLOCATE TO AN APPROPRIATE SALARY GRADE ALL
   27  POSITIONS IN THE EXEMPT, COMPETITIVE, NON-COMPETITIVE AND LABOR  CLASSES
   28  OF  THE  CLASSIFIED  SERVICE  OF  THE AUTHORITY, INCLUDING TEMPORARY AND
   29  SEASONAL POSITIONS.
   30    (E) THE AUTHORITY SHALL ALSO HAVE THE FOLLOWING POWERS AND DUTIES: (I)
   31  TO ASCERTAIN AND RECORD THE DUTIES AND RESPONSIBILITIES OF ALL POSITIONS
   32  IN THE CLASSIFIED SERVICE OF THE AUTHORITY, TO ESTABLISH ADEQUATE  SPEC-
   33  IFICATIONS SHOWING THE QUALIFICATIONS FOR, AND THE NATURE AND EXTENT AND
   34  SCOPE  OF  THE  DUTIES  AND  RESPONSIBILITIES  OF SUCH POSITIONS, AND TO
   35  ASSIGN UNIFORM TITLES TO POSITIONS THAT ARE SO SUBSTANTIALLY SIMILAR  IN
   36  THEIR  ESSENTIAL  CHARACTER  AND SCOPE OF THEIR DUTIES, RESPONSIBILITIES
   37  AND QUALIFICATION REQUIREMENTS THAT THE SAME DESCRIPTIVE  TITLE  MAY  BE
   38  USED  TO  DESIGNATE THEM, AND TO ASSURE THAT THE SAME QUALIFICATIONS FOR
   39  APPOINTMENT THERETO MAY BE REASONABLY REQUIRED, THAT THE SAME  TESTS  OF
   40  FITNESS  MAY  BE ESTABLISHED, AND THAT THE SAME RATE OF COMPENSATION MAY
   41  BE REASONABLY APPLIED;
   42    (II) TO INVESTIGATE  ALL  MATTERS  AFFECTING  THE  CLASSIFICATION  AND
   43  COMPENSATION  OF  POSITIONS,  TO  HEAR AND DETERMINE ALL COMPLAINTS WITH
   44  RESPECT TO THE CLASSIFICATION AND COMPENSATION OF  POSITIONS,  AND  FROM
   45  TIME  TO  TIME  TO  REVIEW  THE  DUTIES, RESPONSIBILITIES, QUALIFICATION
   46  REQUIREMENTS AND COMPENSATION OF POSITIONS AND TO MAKE SUCH REVISIONS IN
   47  THE CLASSIFICATION OR  COMPENSATION  OF  POSITIONS  AS  CHANGES  IN  THE
   48  SERVICE OF THE AUTHORITY MAY REQUIRE;
   49    (III)  TO  PROVIDE  TO  ANY  PERSON AGGRIEVED BY THE CLASSIFICATION OR
   50  ALLOCATION OF A POSITION A REASONABLE OPPORTUNITY TO  PRESENT  FACTS  IN
   51  SUPPORT  OF  OR  IN  RELATION TO SUCH CLASSIFICATION OR ALLOCATION, AT A
   52  TIME AND IN SUCH MANNER AS IT MAY SPECIFY, AND TO RENDER AND FURNISH  TO
   53  THE PERSON AGGRIEVED A WRITTEN DECISION THEREON; AND
   54    (IV)  FOR  THE  PURPOSES OF SECTIONS FORTY-TWO AND SEVENTY-FIVE OF THE
   55  CIVIL SERVICE LAW, AND NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF
   56  SUCH SECTIONS, AND SUBJECT TO THE REVIEW BOARD RULES, TO DESIGNATE POSI-
       A. 5351                            19
    1  TIONS  IN  THE  NON-COMPETITIVE  CLASS AS CONFIDENTIAL AND REQUIRING THE
    2  PERFORMANCE OF FUNCTIONS INFLUENCING POLICY. THIS  PROVISION  SHALL  NOT
    3  AFFECT  THE  CLASSIFICATION OF ANY POSITION IN THE NON-COMPETITIVE CLASS
    4  AS  CONFIDENTIAL  OR  REQUIRING THE PERFORMANCE OF FUNCTIONS INFLUENCING
    5  POLICY MADE BY THE APPROPRIATE CIVIL SERVICE  COMMISSION  PRIOR  TO  THE
    6  ADOPTION OF THE REVIEW BOARD RULES.
    7    (F) ANY CLASSIFICATION OR RECLASSIFICATION OF A POSITION MADE PURSUANT
    8  TO  THE REVIEW BOARD RULES AND ANY ALLOCATION OR REALLOCATION OF A POSI-
    9  TION TO A SALARY GRADE MADE BY THE AUTHORITY PURSUANT  TO  THIS  SECTION
   10  SHALL  BECOME EFFECTIVE ON THE DATE APPROVED BY THE EXECUTIVE OFFICER OF
   11  THE AUTHORITY OR HIS OR HER DESIGNEE.
   12    (G) THE CLASSIFIED SERVICE OF THE AUTHORITY SHALL COMPRISE  ALL  POSI-
   13  TIONS  NOT  INCLUDED  IN  THE UNCLASSIFIED SERVICE. THE POSITIONS IN THE
   14  CLASSIFIED SERVICE OF THE AUTHORITY SHALL BE DIVIDED INTO  FOUR  CLASSES
   15  DESIGNATED  AS  THE EXEMPT CLASS, THE NON-COMPETITIVE CLASS, THE COMPET-
   16  ITIVE CLASS, AND THE LABOR CLASS.
   17    (I) THE EXEMPT CLASS SHALL CONSIST OF SUCH POSITIONS AND OFFICES WHICH
   18  THE AUTHORITY SHALL DETERMINE TO BE IMPRACTICABLE TO FILL BY COMPETITIVE
   19  OR NON-COMPETITIVE EXAMINATION.
   20    (II) THE NON-COMPETITIVE CLASS SHALL INCLUDE ALL  POSITIONS  THAT  ARE
   21  NOT  IN  THE  EXEMPT  CLASS  OR  LABOR CLASS AND FOR WHICH THE AUTHORITY
   22  CANNOT PRACTICALLY ASCERTAIN THE MERIT  AND  FITNESS  OF  APPLICANTS  BY
   23  COMPETITIVE EXAMINATION.
   24    (III)  THE  LABOR  CLASS  SHALL COMPRISE ALL UNSKILLED LABORERS IN THE
   25  SERVICE OF THE AUTHORITY.  THE AUTHORITY MAY DETERMINE THAT A  TITLE  IN
   26  THE  LABOR CLASS IS APPROPRIATE TO PARTICIPATE IN A PROMOTIONAL EXAMINA-
   27  TION FOR A HIGHER TITLE IN THE COMPETITIVE CLASS.
   28    (IV) THE COMPETITIVE CLASS  SHALL  INCLUDE  ALL  POSITIONS  WHERE  THE
   29  AUTHORITY HAS DETERMINED THAT THE MERIT AND FITNESS OF APPLICANTS MAY BE
   30  DETERMINED  BY  COMPETITIVE EXAMINATION, AND SHALL INCLUDE ALL POSITIONS
   31  IN THE CLASSIFIED SERVICE OF THE AUTHORITY EXCEPT SUCH POSITIONS AS  ARE
   32  IN THE EXEMPT CLASS, THE NON-COMPETITIVE CLASS OR THE LABOR CLASS.
   33    (H)  (I) ALL APPLICANTS SHALL BE SUBJECT TO BACKGROUND INVESTIGATIONS,
   34  INCLUDING BUT NOT LIMITED TO THE CRIMINAL HISTORY OF ALL APPLICANTS  FOR
   35  EMPLOYMENT  TO  DETERMINE THE SUITABILITY OF SUCH APPLICANTS FOR EMPLOY-
   36  MENT. SUCH INVESTIGATION SHALL INCLUDE BUT NOT BE LIMITED TO THE  TAKING
   37  OF  FINGERPRINTS  OF  SUCH  OFFICERS AND EMPLOYEES AS A PREREQUISITE FOR
   38  EMPLOYMENT; PROVIDED, HOWEVER, THAT  EVERY  SET  OF  FINGERPRINTS  TAKEN
   39  PURSUANT  TO  THIS  PARAGRAPH  EITHER SHALL BE PROMPTLY SUBMITTED TO THE
   40  DIVISION OF CRIMINAL JUSTICE SERVICES, OR ITS SUCCESSOR, WHERE IT  SHALL
   41  BE APPROPRIATELY PROCESSED AND FORWARDED TO THE FEDERAL BUREAU OF INVES-
   42  TIGATION,  OR  ITS  SUCCESSOR,  AT  A RATE REQUIRED BY SUCH AGENCIES FOR
   43  STATE AND NATIONAL CRIMINAL HISTORY RECORD CHECKS OR THE  AUTHORITY  MAY
   44  USE  SUCH ALTERNATIVE MEANS TO PROCESS FINGERPRINTS FOR THE PURPOSE OF A
   45  CRIMINAL HISTORY RECORDS CHECK AS IT MAY DEEM APPROPRIATE.
   46    (II) THE AUTHORITY MAY ALSO AUTHORIZE THE METROPOLITAN  TRANSPORTATION
   47  AUTHORITY  OR  ANY  SUBSIDIARY  OR  AFFILIATE OF THE AUTHORITY OR OF THE
   48  METROPOLITAN TRANSPORTATION AUTHORITY, ON BEHALF OF WHICH THE  AUTHORITY
   49  PROCESSES  APPLICANTS, TO OBTAIN THE FINGERPRINTS OF SUCH APPLICANTS AND
   50  THAT AUTHORITY SHALL CONDUCT THE BACKGROUND INVESTIGATION AS  SET  FORTH
   51  IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   52    (I) (I) THE AUTHORITY IS AUTHORIZED TO ESTABLISH AND COLLECT FEES FROM
   53  EVERY  APPLICANT FOR EXAMINATION FOR A POSITION IN THE COMPETITIVE CLASS
   54  OR FOR APPOINTMENT IN THE LABOR CLASS AND FROM EVERY APPOINTEE UPON  ANY
   55  PROVISIONAL  APPOINTMENT  OR  UPON  APPOINTMENT  IN  THE NON-COMPETITIVE
   56  CLASS, AS SET FORTH IN THE REVIEW BOARD RULES.
       A. 5351                            20
    1    (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS  PARA-
    2  GRAPH,  THE  EXECUTIVE OFFICER OF THE AUTHORITY, SUBJECT TO THE APPROVAL
    3  OF THE EXECUTIVE DIRECTOR, MAY ELECT TO WAIVE APPLICATION  FEES,  OR  TO
    4  ABOLISH  FEES FOR SPECIFIC CLASSES OF POSITIONS OR TYPES OF EXAMINATIONS
    5  OR CANDIDATES.
    6    (III)  ALL  FEES COLLECTED HEREUNDER BY THE AUTHORITY SHALL CONSTITUTE
    7  REVENUE FOR THE AUTHORITY.
    8    (J) (I) WHERE, BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNC-
    9  TIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE, POSITIONS IN THE  COMPET-
   10  ITIVE  CLASS  OF  SERVICE  OF THE AUTHORITY, ARE ABOLISHED OR REDUCED IN
   11  RANK OR SALARY GRADE, INCUMBENTS HOLDING THE SAME OR  SIMILAR  POSITIONS
   12  WITHIN THE SAME JURISDICTIONAL CLASSIFICATION WITHIN THE AUTHORITY SHALL
   13  BE  SUSPENDED OR DEMOTED IN THE INVERSE ORDER OF ORIGINAL APPOINTMENT ON
   14  A PERMANENT BASIS IN THE CLASSIFIED SERVICE AS SET FORTH IN SUBPARAGRAPH
   15  (II) OF THIS PARAGRAPH; PROVIDED, HOWEVER, THAT INCUMBENTS  HOLDING  THE
   16  SAME  OR SIMILAR POSITIONS WITHIN THE SAME JURISDICTIONAL CLASSIFICATION
   17  WITHIN THE AUTHORITY WHO HAVE NOT COMPLETED THEIR  PROBATIONARY  SERVICE
   18  SHALL  BE  SUSPENDED  OR DEMOTED AS THE CASE MAY BE BEFORE ANY PERMANENT
   19  INCUMBENTS, AND AMONG SUCH PROBATIONARY EMPLOYEES THE ORDER  OF  SUSPEN-
   20  SION OR DEMOTION SHALL BE DETERMINED AS IF SUCH EMPLOYEES WERE PERMANENT
   21  INCUMBENTS.  THE PERSONNEL REVIEW BOARD MAY, BY RULE, DESIGNATE AS SEPA-
   22  RATE UNITS FOR SUSPENSION AND/OR DEMOTION UNDER THE PROVISIONS  OF  THIS
   23  SUBSECTION  ANY DEPARTMENT, DIVISION OR SUBDIVISION OF THE AUTHORITY AND
   24  UPON THE ABOLITION OR REDUCTION OF POSITIONS IN SUCH SERVICE, SUSPENSION
   25  AND/OR DEMOTION SHALL BE MADE FROM AMONG INCUMBENTS HOLDING THE SAME  OR
   26  SIMILAR POSITIONS IN SUCH SEPARATE UNIT.
   27    (II)  THE  DATE  OF ORIGINAL APPOINTMENT OF EMPLOYEES OF THE AUTHORITY
   28  SHALL BE THE DATE OF ORIGINAL APPOINTMENT ON A PERMANENT  BASIS  IN  THE
   29  CLASSIFIED  SERVICE  OF THE AUTHORITY, FOLLOWED BY CONTINUOUS SERVICE IN
   30  THE AUTHORITY UP TO THE TIME OF SUSPENSION OR DEMOTION; EXCEPT THAT  FOR
   31  THOSE  EMPLOYEES  WHO  WERE  IN THE COMPETITIVE AND LABOR CLASSES OF THE
   32  AUTHORITY ON THE EFFECTIVE DATE OF THIS SECTION, THE  DATE  OF  ORIGINAL
   33  APPOINTMENT  SHALL  BE  THE  DATE OF ORIGINAL APPOINTMENT ON A PERMANENT
   34  BASIS IN THE CIVIL SERVICE OF THE CITY OF NEW YORK FOLLOWED  BY  CONTIN-
   35  UOUS SERVICE IN THE CIVIL SERVICE OF THE CITY OF NEW YORK OR THE AUTHOR-
   36  ITY  UP  TO THE TIME OF SUSPENSION OR DEMOTION. FOR THE PURPOSES OF THIS
   37  SUBPARAGRAPH, AN EMPLOYEE WHO RESIGNED AND WAS REINSTATED OR REAPPOINTED
   38  IN THE CLASSIFIED SERVICE WITHIN ONE YEAR OF THE RESIGNATION, OR WHO WAS
   39  TERMINATED BECAUSE OF AN  OCCUPATIONAL  DISABILITY  AND  WAS  AFTERWARDS
   40  REINSTATED, SHALL BE DEEMED TO HAVE CONTINUOUS SERVICE.
   41    (III)  THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY SHALL SUPPLY
   42  SUCH INFORMATION AS IS NECESSARY FOR THE  DETERMINATION  OF  RIGHTS  FOR
   43  RETENTION,  ABOLITION  OF POSITIONS, REDUCTIONS IN RANK OR REINSTATEMENT
   44  OF EMPLOYEES OF THE AUTHORITY WHOSE ORIGINAL APPOINTMENT  WAS  PRIOR  TO
   45  THE  ENACTMENT OF THIS SECTION, OR ANY OTHER SUCH INFORMATION OR ASSIST-
   46  ANCE NEEDED BY THE AUTHORITY OR BY THE PERSONNEL REVIEW BOARD  IN  ORDER
   47  TO  TAKE  OVER THE FUNCTIONS PREVIOUSLY PERFORMED BY THE MUNICIPAL CIVIL
   48  SERVICE COMMISSION.
   49    (IV) IN ANY CASE WHERE AN EMPLOYEE OF THE AUTHORITY  IS  SUSPENDED  OR
   50  DEMOTED  BECAUSE  OF  ABOLITION OR REDUCTION OF POSITIONS, THE AUTHORITY
   51  SHALL NOTIFY THE EMPLOYEE OR HIS OR HER REPRESENTATIVE  OF  THE  PENDING
   52  ACTION.
   53    (K)  (I)  PREFERRED  LISTS  SHALL  BE  ESTABLISHED  AS FOLLOWS: WHERE,
   54  BECAUSE OF ECONOMY, CONSOLIDATION OR ABOLITION OF FUNCTIONS, CURTAILMENT
   55  OF ACTIVITIES OR OTHERWISE, AN EMPLOYEE  IN  THE  COMPETITIVE  CLASS  OF
   56  SERVICE  OF  THE  AUTHORITY IS SUSPENDED OR DEMOTED, THE AUTHORITY SHALL
       A. 5351                            21
    1  PLACE THE NAME OF SUCH EMPLOYEE UPON A  PREFERRED  LIST,  TOGETHER  WITH
    2  OTHERS  WHO  MAY HAVE BEEN SUSPENDED OR DEMOTED FROM THE SAME OR SIMILAR
    3  POSITIONS IN THE SAME JURISDICTIONAL CLASS, AND CERTIFY  SUCH  LIST,  AS
    4  HEREINAFTER  PROVIDED, FOR FILLING VACANCIES WITHIN THE AUTHORITY IN THE
    5  SAME JURISDICTIONAL CLASS IN THE FOLLOWING ORDER: FIRST, IN THE SAME  OR
    6  SIMILAR  POSITION;  SECOND,  IN ANY POSITION IN A LOWER GRADE IN LINE OF
    7  PROMOTION; AND THIRD, IN ANY COMPARABLE POSITION AS  DETERMINED  BY  THE
    8  AUTHORITY.  SUCH PREFERRED LIST SHALL BE CERTIFIED FOR FILLING A VACANCY
    9  IN ANY SUCH POSITION BEFORE CERTIFICATION IS MADE FROM ANY  OTHER  LIST,
   10  INCLUDING  A PROMOTION ELIGIBLE LIST, NOTWITHSTANDING THE FACT THAT NONE
   11  OF THE PERSONS ON SUCH PREFERRED LIST WAS SUSPENDED FROM OR  DEMOTED  IN
   12  THE  DEPARTMENT  OR  SUSPENSION  AND DEMOTION UNIT IN WHICH SUCH VACANCY
   13  EXISTS. NO OTHER NAME SHALL BE CERTIFIED FROM ANY  OTHER  LIST  FOR  ANY
   14  SUCH  POSITION  UNTIL  SUCH PREFERRED LIST IS EXHAUSTED. THE ELIGIBILITY
   15  FOR REINSTATEMENT OF A PERSON WHOSE NAME APPEARS ON ANY  SUCH  PREFERRED
   16  LIST  SHALL  NOT  CONTINUE  FOR A PERIOD LONGER THAN FOUR YEARS FROM THE
   17  DATE OF SEPARATION OR DEMOTION.
   18    (II) EXCEPT AS  HEREINAFTER  PROVIDED,  THE  NAMES  OF  PERSONS  ON  A
   19  PREFERRED  LIST  SHALL  BE  CERTIFIED  THEREFROM  FOR REINSTATEMENT TO A
   20  VACANCY WITHIN THE AUTHORITY IN AN APPROPRIATE POSITION IN THE ORDER  OF
   21  THEIR ORIGINAL PERMANENT APPOINTMENTS IN ORDER OF SENIORITY AS DESCRIBED
   22  IN  SUBPARAGRAPH  (II)  OF  PARAGRAPH (J) OF THIS SUBDIVISION.  NOTWITH-
   23  STANDING THE ABOVE, WHERE SUCH A VACANCY EXISTS IN A SEPARATE SUSPENSION
   24  AND/OR DEMOTION UNIT, THE NAMES OF PERSONS SUSPENDED FROM OR DEMOTED  IN
   25  SUCH UNIT, AND NOT THOSE SUSPENDED FROM OR DEMOTED IN ANOTHER UNIT OR IN
   26  THE AUTHORITY GENERALLY SHALL BE CERTIFIED FIRST.
   27    (III)  NOTWITHSTANDING  ANY  OF  THE  PROVISIONS OF THIS PARAGRAPH, NO
   28  PERSON SUSPENDED OR DEMOTED PRIOR TO THE COMPLETION OF HIS OR HER PROBA-
   29  TIONARY TERM SHALL BE CERTIFIED FOR REINSTATEMENT UNTIL  THE  EXHAUSTION
   30  OF  THE  PREFERRED  LIST  OF  ALL  OTHER  ELIGIBLES  THEREON. UPON REIN-
   31  STATEMENT, SUCH PROBATIONER SHALL BE REQUIRED TO  COMPLETE  HIS  OR  HER
   32  PROBATIONARY TERM.
   33    (IV)  THE  PERSONNEL  REVIEW BOARD SHALL ADOPT RULES PROVIDING FOR THE
   34  RELINQUISHMENT OF ELIGIBILITY FOR REINSTATEMENT UPON FAILURE OR  REFUSAL
   35  TO ACCEPT REINSTATEMENT FROM A PREFERRED LIST.
   36    (V)  A  PERSON  REINSTATED  FROM A PREFERRED LIST TO HIS OR HER FORMER
   37  POSITION OR A SIMILAR POSITION IN THE SAME GRADE SHALL RECEIVE AT  LEAST
   38  THE  SAME  SALARY SUCH PERSON WAS RECEIVING AT THE TIME OF SUSPENSION OR
   39  DEMOTION, EXCEPT IN THE EVENT THAT A SALARY REDUCTION  HAS  BEEN  IMPLE-
   40  MENTED  IN THE FORMER POSITION PRIOR TO THE REINSTATEMENT, IN WHICH CASE
   41  THE SALARY AT REINSTATEMENT MUST INCLUDE THE REDUCTION.
   42    (VI) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE AUTHOR-
   43  ITY MAY DISQUALIFY FOR REINSTATEMENT AND REMOVE FROM  A  PREFERRED  LIST
   44  THE NAME OF ANY ELIGIBLE WHO IS PHYSICALLY OR MENTALLY UNABLE TO PERFORM
   45  THE  DUTIES  OF  THE POSITION FOR WHICH SUCH LIST IS ESTABLISHED, OR WHO
   46  HAS BEEN GUILTY OF SUCH MISCONDUCT AS WOULD WARRANT HIS OR HER DISMISSAL
   47  FROM THE PUBLIC SERVICE.  NO PERSON SHALL BE  DISQUALIFIED  PURSUANT  TO
   48  THIS  SUBDIVISION UNLESS HE OR SHE IS FIRST GIVEN A WRITTEN STATEMENT OF
   49  THE REASONS THEREFORE AND AN OPPORTUNITY FOR A  HEARING  AT  WHICH  SUCH
   50  REASONS  SHALL BE ESTABLISHED BY APPROPRIATE EVIDENCE, AND AT WHICH SUCH
   51  PERSON MAY BE REPRESENTED BY COUNSEL AND PRESENT EVIDENCE. THE AUTHORITY
   52  MAY DESIGNATE A PERSON TO HOLD SUCH HEARING AND REPORT THEREON.
   53    (VII) NOTWITHSTANDING ANY OTHER  PROVISIONS  OF  THIS  PARAGRAPH,  ANY
   54  PERSON  MAY  VOLUNTARILY REMOVE HIS OR HER NAME FROM A PREFERRED LIST BY
   55  APPLICATION TO THE AUTHORITY.
       A. 5351                            22
    1    (VIII) AN EMPLOYEE WHO IS ELIGIBLE TO BE PLACED ON  A  PREFERRED  LIST
    2  PURSUANT  TO  THIS  PARAGRAPH  AND  WHO  ELECTS, AS A MEMBER OF A PUBLIC
    3  EMPLOYEE RETIREMENT SYSTEM, TO RETIRE UPON  A  SUSPENSION  OR  DEMOTION,
    4  SHALL  BE  PLACED  ON  A  PREFERRED LIST AND SHALL BE ELIGIBLE FOR REIN-
    5  STATEMENT WITHIN THE AUTHORITY FROM SUCH LIST.
    6    (IX) NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE AUTHORITY TO FILL ANY
    7  VACANCY.
    8    (L) WITH RESPECT TO LEAVE FOR ORDINARY DISABILITY, SECTION SEVENTY-TWO
    9  OF  THE  CIVIL  SERVICE LAW SHALL BE APPLIED EXCEPT THAT THE INDEPENDENT
   10  HEARING OFFICER PROVIDED FOR UNDER SUBDIVISION ONE OF SUCH SECTION SHALL
   11  BE SELECTED FROM A PANEL DESIGNATED BY THE AUTHORITY.
   12    5. UPON THE REQUEST OF THE PERSONNEL REVIEW BOARD  OR  THE  AUTHORITY,
   13  THE MUNICIPAL CIVIL SERVICE COMMISSION OF THE CITY SHALL PROVIDE TECHNI-
   14  CAL  ADVICE  AND  ASSISTANCE  IN THE ADMINISTRATION OF THE PROVISIONS OF
   15  THIS SECTION WITH RESPECT TO ALL MATTERS PENDING ON THE  EFFECTIVE  DATE
   16  OF  THIS SECTION. THE AUTHORITY AND SUCH MUNICIPAL CIVIL SERVICE COMMIS-
   17  SION MAY AGREE UPON THE TERMS OF SUCH ADVICE AND  ASSISTANCE.  THEY  MAY
   18  FURTHER  AGREE  UPON THE TERMS AND CONDITIONS OF THE PROVISION OF ADVICE
   19  AND ASSISTANCE WITH RESPECT TO  MATTERS  ARISING  AFTER  SUCH  EFFECTIVE
   20  DATE, AND SUCH AGREEMENT MAY PROVIDE FOR COMPENSATION TO SUCH COMMISSION
   21  FOR SUCH ADVICE AND ASSISTANCE.
   22    6.  NOTWITHSTANDING  ANY  PROVISION  TO  THE CONTRARY CONTAINED IN ANY
   23  GENERAL, SPECIAL OR LOCAL  LAW,  AND  SPECIFICALLY  NOTWITHSTANDING  THE
   24  PROVISIONS OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW:
   25    (A)  THE  AUTHORITY,  WITH  THE  APPROVAL  OF  THE REVIEW BOARD, SHALL
   26  PROPOSE A PLAN TO THE STATE  CIVIL  SERVICE  COMMISSION  TO  REDUCE  THE
   27  NUMBER  OF  PROVISIONAL  EMPLOYEES  IN  THE COMPETITIVE CLASS SERVING IN
   28  EXCESS OF THE AUTHORIZED TIMEFRAMES TO  A  NUMBER  NOT  TO  EXCEED  FIVE
   29  PERCENT  OF  THE  COMPETITIVE CLASS WORKFORCE WITHIN FIVE YEARS FROM THE
   30  EFFECTIVE DATE OF THIS SECTION. THE AUTHORITY SHALL SUBMIT ITS  PLAN  TO
   31  THE  REVIEW  BOARD  WITHIN  SIXTY  DAYS AFTER THE EFFECTIVE DATE OF THIS
   32  SECTION OR WITHIN SIXTY DAYS OF ITS APPOINTMENT, WHICHEVER IS LATER, AND
   33  THE REVIEW BOARD SHALL APPROVE, MODIFY OR REJECT SUCH PLAN WITHIN NINETY
   34  DAYS OF SUCH SUBMISSION. THE STATE CIVIL SERVICE COMMISSION  SHALL  HAVE
   35  THE  POWER  TO  ACCEPT,  REJECT  OR  MODIFY SUCH PLAN, PROVIDED THAT ANY
   36  MODIFICATIONS SHALL BE MADE BY THE COMMISSION ONLY WITH THE  CONSENT  OF
   37  THE  AUTHORITY.  IF THE AUTHORITY DOES NOT CONSENT TO MODIFICATIONS MADE
   38  BY THE COMMISSION WITHIN SIXTY DAYS, THEN THE PLAN MAY BE DISAPPROVED BY
   39  SUCH COMMISSION. SHOULD THE AUTHORITY NOT PROPOSE AN ACCEPTABLE PLAN  TO
   40  SUCH  COMMISSION  WITHIN  EIGHTEEN  MONTHS OF THE EFFECTIVE DATE OF THIS
   41  SECTION, SUCH COMMISSION MAY CREATE  AND  APPROVE  A  FINAL  PLAN  AFTER
   42  AFFORDING  THE  AUTHORITY  SIXTY DAYS TO SUBMIT COMMENTS AND RECOMMENDA-
   43  TIONS. THE REVIEW BOARD AND SUCH COMMISSION  SHALL  HAVE  THE  POWER  TO
   44  DIRECT  THE  AUTHORITY TO TAKE SPECIFIC ACTIONS TO MEET THE REQUIREMENTS
   45  OF THE APPROVED PLAN. THE APPROVED PLAN MAY BE MODIFIED BY SUCH  COMMIS-
   46  SION UPON APPLICATION BY THE AUTHORITY, MADE WITH APPROVAL OF THE REVIEW
   47  BOARD.  MODIFICATION  PURSUANT  TO THE PRECEDING SENTENCE MAY EXTEND THE
   48  DURATION OF THE PLAN TO  A  DATE  NO  MORE  THAN  ONE  YEAR  BEYOND  THE
   49  FIVE-YEAR  PERIOD  OTHERWISE  AUTHORIZED BY THIS SUBDIVISION. FAILURE OF
   50  SUCH COMMISSION TO ACT UPON ANY SUBMISSION BY THE AUTHORITY PURSUANT  TO
   51  THIS  SUBDIVISION  WITHIN SIXTY DAYS SHALL BE DEEMED AN APPROVAL OF SUCH
   52  SUBMISSION. ANY SUCH SIXTY-DAY TIME FRAME SHALL BE TOLLED BY  A  REQUEST
   53  BY  SUCH  COMMISSION  FOR  ADDITIONAL INFORMATION PENDING THE RECEIPT OF
   54  SUCH INFORMATION. THE EIGHTEEN-MONTH PERIOD WITHIN WHICH  THE  AUTHORITY
   55  IS  TO  PROPOSE AN ACCEPTABLE PLAN TO THE COMMISSION, AFTER WHICH PERIOD
   56  THE COMMISSION MAY CREATE A FINAL PLAN AS PROVIDED ABOVE, SHALL ALSO  BE
       A. 5351                            23
    1  TOLLED  PENDING THE COMMISSION'S RECEIPT OF SUCH ADDITIONAL INFORMATION.
    2  SUCH COMMISSION SHALL APPROVE THE PLAN AND ANY MODIFICATION  THEREOF  IF
    3  IT  FINDS  THAT,  CONSISTENT  WITH  AVAILABLE RESOURCES AND THE NEED FOR
    4  CONTINUITY  IN  PUBLIC  SERVICES,  SUCH  PLAN  OR  MODIFICATION  THEREOF
    5  PROVIDES A TIMELY AND PRACTICABLE IMPLEMENTATION SCHEDULE IN FURTHERANCE
    6  OF THE PURPOSES OF THIS SUBDIVISION.   NOTWITHSTANDING ANY  INCONSISTENT
    7  PROVISION  OF  THIS  SUBDIVISION, WHERE A MODIFICATION IS INSUBSTANTIAL,
    8  AND WILL NOT MATERIALLY AFFECT THE ABILITY OF THE AUTHORITY  TO  ACHIEVE
    9  TIMELY  SUBSTANTIAL  COMPLIANCE  WITH  THE TIME PERIODS SET FORTH IN THE
   10  PLAN, THE AUTHORITY WITH APPROVAL OF ITS REVIEW BOARD,  MAY  SO  CERTIFY
   11  AND  THE  MODIFICATION  MAY  BE  IMPLEMENTED  AND  SHALL BE FILED BY THE
   12  AUTHORITY WITH SUCH COMMISSION WITHIN FIVE BUSINESS DAYS.
   13    (B) UPON THE EFFECTIVE DATE OF THIS SECTION, THE PROVISIONS OF  SUBDI-
   14  VISIONS TWO, FIVE AND SIX OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW
   15  SHALL NOT APPLY TO AUTHORITY EMPLOYEES DURING THE PERIOD OF DEVELOPMENT,
   16  SUBMISSION,  APPROVAL AND IMPLEMENTATION OF SAID PLAN, AND THE AUTHORITY
   17  SHALL IN NO EVENT BE CONSIDERED A "DCAS EMPLOYER" WITHIN THE MEANING  OF
   18  PARAGRAPH  (A)  OF  SUBDIVISION  FIVE OF SUCH SECTION. THE PROVISIONS OF
   19  SUBDIVISION TWO OF SECTION SIXTY-FIVE OF THE CIVIL SERVICE LAW SHALL  BE
   20  APPLICABLE  TO  ANY PROVISIONAL EMPLOYEE SERVING IN A POSITION FOR WHICH
   21  AN APPROPRIATE ELIGIBLE LIST HAS BEEN ESTABLISHED PURSUANT TO SUCH PLAN,
   22  UNLESS SUCH LIST IS NOT ADEQUATE TO FILL ALL POSITIONS THEN  HELD  ON  A
   23  PROVISIONAL  BASIS  OR IS EXHAUSTED IMMEDIATELY FOLLOWING ITS ESTABLISH-
   24  MENT.
   25    7. EXCEPT AS OTHERWISE PROVIDED IN THIS  TITLE,  AN  EMPLOYEE  OF  THE
   26  AUTHORITY  SHALL  NOT  BE  CONSIDERED  A  STATE OR CITY EMPLOYEE FOR ANY
   27  PURPOSES SET FORTH IN ARTICLES ONE THROUGH NINE  OF  THE  CIVIL  SERVICE
   28  LAW.
   29    8.  THE AUTHORITY AND THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY
   30  OF ITS AFFILIATES OR SUBSIDIARIES ARE AUTHORIZED TO ASSIST OR  COOPERATE
   31  IN  THE  PERFORMANCE  OF  THE RESPONSIBILITIES OR FUNCTIONS SET FORTH IN
   32  THIS SECTION IN SUCH MANNER AS THE AUTHORITY AND THE METROPOLITAN TRANS-
   33  PORTATION AUTHORITY DEEM APPROPRIATE.
   34    9. ALL REFERENCES IN THIS  SECTION  TO  THE  MUNICIPAL  CIVIL  SERVICE
   35  COMMISSION  OF  THE  CITY  SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL THE
   36  POWERS AND DUTIES OF A MUNICIPAL CIVIL SERVICE  COMMISSION  ASSIGNED  TO
   37  THE  COMMISSIONER OF THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES,
   38  THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, THE MAYOR, THE  CITY
   39  CIVIL  SERVICE  COMMISSION  AND/OR  THE  HEADS  OF  THE CITY AGENCIES AS
   40  PROVIDED IN CHAPTER THIRTY-FIVE OF THE NEW YORK CITY CHARTER AND AS  SET
   41  FORTH IN THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF NEW YORK.
   42    S  7.  This  act shall take effect on the ninetieth day after it shall
   43  have become a law; provided, however, that the  New  York  city  transit
   44  authority, the triborough bridge and tunnel authority, the New York city
   45  department  of  citywide administrative services, and all other affected
   46  agencies, officers and employees shall take all  actions  necessary  for
   47  the  timely  implementation  of  this  act upon its effective date. Such
   48  actions are hereby authorized to include, but need not  be  limited  to,
   49  the appointment of a personnel review board pursuant to subdivision 3 of
   50  section 1210-b and subdivision 3 of section 554-a of the public authori-
   51  ties law, as added by sections four and six of this act, respectively.