Posting of All Public Sector City Jobs Required by New York City Council Legislation by Kallos and Gentile

08/15/2016

New York, NY – Patronage appointments for positions that have never been advertised to the public are being targeted for reform by Council Members Ben Kallos and Vincent Gentile. The proposed legislation would force the city government to publicly post any new position or vacancy for at least 14 days before conducting interviews.

 The New York City Department of Investigation recommended in its “Report on the New York City Board of Elections’ Employment Practices, Operations, and Election Administration” report “disseminating notice of all vacant permanent and temporary positions at the BOE through public job posting.” This recommendation has been rejected by the Board of Elections through its actions as well as at numerous public City Council hearings and was the inspiration for this legislation.
 
Three examples of hiring in government without public posting include:
  • Board of Elections – In 2015, the title of “Operations Manager” with a salary of $125,000 was created by Commissioners with a person appointed to the title at the same board meeting without prior public advertisement, according to the Daily News.
  • Board of Elections – In 2014, the sister of a Commissioner of the Board of Elections was hired on the same day her resume was submitted to other commissioners who then voted for the sister to be hired without prior public advertisement, leading to a fine for the Commissioner of $5,500 by the Conflict of Interest Board, according to the Daily News.
  • Department of Education – In 2012, an employee working in the Division of Finance at the New York City Department of Education was fined $15,000 for hiring his wife for a position to which she wasn’t qualified, with a salary higher than appropriate for the title, and without an interview or public posting, according to the New York Times.
“Publicly posting every job in government will add the necessary transparency to make it easier to identify patronage,” said Council Member Ben Kallos, Chair of the Committee on Governmental Operations with oversight of the Board of Elections.
 
“I am proud to join Council Member Kallos as a prime co-sponsor of this legislation which requires city agencies to publicly post job vacancies with appropriate notice. This legislation ensures transparency in government hiring practices by providing the general public a fair opportunity to apply to available positions listed,” said Council Member Vincent J. Gentile, Chair of the Committee on Oversight and Investigations with
 
Text of Legislation: 
Int. No.
 By Council Members Kallos and Gentile
A LOCAL LAW

To amend the New York city charter, in relation to requiring all job vacancies at city agencies to be posted online
 
Be it enacted by the Council as follows:
 
Section I. Paragraphs (19) and (20) of subdivision a of section 815 of chapter 35 of the New York city charter are amended to read as follows:

(19) To establish measures and programs to ensure a fair and effective affirmative employment plan to provide equal employment opportunity for minority group members and women who are employed by, or who seek employment with, the agency and, in accordance with the uniform procedures and standards established by the department of citywide administrative services for this purpose, to adopt and implement an annual plan to accomplish this objective. Copies of such plans shall be filed with the mayor, council, department of citywide administrative services, equal employment practices commission, and city civil service commission and shall be made available for reasonable public inspection; [and]
(20) To provide assistance to minority group members and women interested in being employed by city agencies to ensure that such minority group members and women benefit, to the maximum extent possible, from city employment and educational assistance programs[.]; and
 
§ 2. Subdivision a of section 815 of chapter 35 of the New York city charter is amended
IS by adding a new paragraph (21) to read as follows:
(21) To post all vacant positions 14 days before the first interview, except for those filled using eligible lists pursuant to the civil service law, on a publicly accessible website, the city record, open data portal or all three.
 
§ 3. This local law takes effect immediately.
 
 

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