The commissioner of human resources shall be the head of the
department of human resources.
Before a commissioner of human resources is appointed, the mayor
shall appoint a search committee of no more than five (5) city residents
with professional training or experience in human resource matters,
at least one of whom shall have such training or experience in the
public sector, which committee shall recommend candidates for the
position of commissioner of human resources. The mayor shall appoint,
subject to confirmation by the common council, one of said candidates
as commissioner of human resources for a term of six (6) years. The
commissioner shall not be removed by the mayor except for inadequate
performance or other cause shown after a hearing upon stated charges.
The commissioner of human resources shall have a bachelor's
degree from an accredited college or university, and shall have a
minimum of five (5) years of senior human resource management experience.
The commissioner of human resources shall have the duties and
powers of a municipal civil service commission as provided by the
civil service law. He or she shall be responsible for all personnel
matters including, but not limited to, the recruitment of candidates
to fill all appointive positions, the negotiation and administration
of all collective bargaining agreements, the supervision of all employee
training and evaluation programs, the enforcement of all residency
requirements of state and local law, the coordination of all programs
which seek city wide compliance with the requirements of affirmative
action and the Americans with disabilities act, and the administration
of all city compensation and benefits programs.
The commissioner of human resources shall also be responsible
for the formulation of a uniform performance review system and a merit
based compensation system for all city employees, and shall work with
the commissioners of each city department to assist in the implementation
of such systems in their respective departments to the fullest extent
possible under current law and existing collective bargaining agreements.
The commissioner of human resources shall, no later than sixty
(60) calendar days after the execution of a collective bargaining
agreement, prepare a report stating the total estimated costs and
budgetary and economic impact of such agreement, and file same within
said period with the common council.
The commissioner of human resources shall report directly to
the mayor on all matters affecting the department.
The commissioner of human resources shall be an ex officio member
of the citizens salary review commission.
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001]
There shall be in the department of human resources the following
divisions:
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001]
The head of the division of personnel shall be the director
of personnel. He or she shall be appointed by, and serve at the pleasure
of, the commissioner of human resources. The director shall have a
minimum of five (5) years experience in senior personnel management
position, with recruitment or training specialization, and should
possess a bachelor's degree from an accredited college or university.
[Amended 12-26-2000 by L.L. No. 1-2001, effective 1-9-2001; 4-1-2003 by L.L. No.
2-2003, effective 4-9-2003]
The director of personnel shall be a deputy of the commissioner
of human resources, and shall have authority to act generally for
and in place of the commissioner. He or she shall be responsible for
the uniform enforcement of all requirements on residency and affirmative
action and Americans with disabilities act. He or she shall review
and investigate complaints from employees on policies and procedures,
prepare workshops for newly hired employees, coordinate training and
civil service examination preparation, develop and implement recruiting
efforts for city employment, manage employee communications, create
and maintain policy manuals and employee handbooks to encourage effective
communication between management and employees, prepare and conduct
training programs for current employees for sensitivity, sexual harassment,
occupational safety and any other related personnel issues, including
implementing any city wide performance review programs and merit based
compensation systems and other duties as may be delegated by the commissioner
of human resources.
The director of personnel shall also be responsible for analyzing
staffing levels of each city department, including filled and unfilled
positions, the number of temporary and provisional positions, and
the preparation of a comprehensive report with recommendations for
the reduction or consolidation of positions which shall balance budgetary
savings with effective city operations. This report shall be prepared
annually, submitted to the mayor, and filed with the common council
prior to the last day of January of each year. He or she shall analyze
statistical data and other information concerning all aspects of employment
functions in order to identify and determine causes of personnel problems
and submit recommendations for improvement related to the city's employment
policies and procedures.
The mayor shall designate a person to assume the duties of the
equal employment opportunity coordinator as established by the equal
employment opportunity program of the city of Buffalo pursuant to
item number two hundred seventy-eight of the common council proceedings
of July eighth, nineteen hundred seventy-five, and item number three
hundred twenty-five of the common council proceedings of July twenty-second,
nineteen hundred seventy-five.[1]
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Division of Compensation and Benefits
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[1]
Editor's Note: The former Division of Employee Relations, which immediately followed, comprised of § 11-9, Director of Employee Relations; Appointment; Qualifications, and former § 11-10, Duties and Powers of Director, as amended, was repealed 6-8-2010 by L.L. No. 2-2010, effective 6-28-2010. This local law also redesignated former §§ 11-11 through 11-17 as §§ 11-9 through 11-15, respectively.
The head of the division of compensation and benefits shall
be the director of compensation and benefits. The director shall be
appointed by, and serve at the pleasure of, the commissioner of human
resources. The director shall have a minimum of five (5) years experience
in the administration of compensation and benefits, and should possess
a bachelor's degree from an accredited college or university.
The director of compensation and benefits shall be a deputy
of the commissioner of human resources, and shall have the authority
to act generally for and in place of the commissioner. The director
shall be responsible for the administration and coordination of all
employee benefit and wellness programs, and for the establishment
of salary surveys and merit pay programs consistent with the city's
performance appraisal system including, where possible, incentive
pay programs designed to provide competitive pay in order to attract
highly qualified persons.
[Added 4-1-2003 by L.L. No. 2-2003, effective 4-9-2003]
The head of the division of civil service shall be the administrative
director of civil service. He or she shall be appointed by, and serve
at the pleasure of, the commissioner of human resources. The administrative
director shall have five (5) years of full time experience in the
field of personnel, public administration or law, two years of which
must have been in a responsible supervisory capacity and should possess
a bachelor's degree from an accredited college or university.
The administrative director shall be a deputy of the commissioner
of human resources and shall have the authority to act generally for
or in place of the commissioner. He or she shall be responsible for
the interpretation and enforcement of the provisions of civil service
law and rules for the classified civil service of the city of Buffalo
and the administration of the city's civil service examination program
and job classification plan.
The administrative director shall also be responsible for certification
of eligible, payroll certifications, preparation and maintenance of
job specifications and personnel records and shall act as an advisor
to legislators, department heads, employees and the general public
on the interpretation of civil service law, related rules and regulations
and the procedures to be followed in order to conform with civil service
law and rules.
The commissioner of human resources shall promulgate rules for
the administration of classified civil service in the city of Buffalo
as authorized by the civil service law of New York and approved by
the New York state civil service commission. Such rules shall include
provisions for appeals to be heard by a civil service appeals board
with authority to render advisory rulings to the commissioner of human
resources.
Any administrative decision involving the interpretation or
application of such rules shall, at the request of any person involved
in or aggrieved by such a decision, be referred to the civil service
appeals board. The matter shall be heard by the civil service appeals
board and upon the conclusion of the hearing, the said board shall
render a written opinion and recommendation to the commissioner of
human resources. The civil service appeals board shall consist of
six (6) unsalaried citizens of the city of Buffalo appointed by the
mayor who shall also designate one of the appointees to serve as chairman.
All appointments by the mayor shall be subject to confirmation by
the common council. The term of each of the members of the appeal
board shall be three (3) years except that in appointing members to
the initial board, the mayor shall appoint two members for a one year
term, two members for a two year term and two members for a three
year term so that in each succeeding year, the terms of two members
of the appeals board shall expire. Each member shall continue to serve
until the appointment and qualification of that member's successor.
Vacancies on said board occurring other than by expiration of the
term shall be filled for the unexpired term.
The existing municipal civil service commission shall continue
to administer the provisions of the civil service law until the first
day of July, 2001, at which time the commissioner of human resources
will be responsible for administering the provisions of the civil
service law. All other provisions of this article shall become effective
on the first day of July, 2000.
