Int. No. 2090
By Council Members Chin and Louis
A Local Law to amend the administrative code of the city of New York, in relation to requiring an exit interview for departing and retiring municipal employees
Be it enacted by the Council as follows:
Section 1. Chapter two of title 12 of the administrative code of the city of New York is amended by adding a new section 12-209 to read as follows:
§ 12-209 Retirement exit interviews. a. Definitions. For purposes of this section, the following terms have the following meaning:
Agency. The term “agency” has the same meaning as such term is defined in section 1150 of the charter.
Departing employee. The term “departing employee” means an individual who was directly employed by a city agency and who has voluntarily left city service for reasons other than retirement.
b. By January 1, 2021, each agency, to the extent the department of citywide administrative services does not already have such information, shall provide to the department any exit surveys or policies that they currently administer to departing employees.
c. The commissioner of citywide administrative services, in consultation with the New York city commission on human rights and based on the exit surveys received from agencies, shall develop a comprehensive exit survey for departing and retiring municipal employees. Such survey shall include, at a minimum, but not be limited to, questions about:
1. Whether the employee is leaving city service or retiring;
2. Whether their departure or retirement is voluntary;
2. Promotions or increases in salary not due to cost-of-living adjustment at their current agency and any other agencies they might have worked for previously throughout their municipal career;
3. Changes in personnel status other than promotions or increases in salary at their current agency and any other agencies they might have worked for previously throughout their municipal career;
4. Their experience during their municipal career, including questions designed to ascertain whether they faced any perceived discrimination in their most recent position and/or any other agencies they might have worked for previously;
5. Their reasons for leaving or retiring from municipal service; and
6. Whether their departure or retirement was voluntary.
d. Each agency shall administer the exit survey developed in subsection c to each departing and retiring municipal employee within two weeks of such employee’s last day of service.
e. No later than September 15, 2021, and on or before September 15 annually thereafter, each agency shall provide to the department of citywide administrative services all compiled data from the exit surveys conducted pursuant to subdivision d of this section.
f. Not later than March 30, 2022, and by March 30th annually thereafter, the department shall submit to the New York city commission on human rights and to the speaker of the council a report on its findings, including, but not limited to:
1. An enumeration of the following, each disaggregated by reporting agency and position title:
A. The total number of departing municipal employees and the total number of retiring municipal employees over the past calendar year;
B. The number that have departed and the number that have retired for each of the top five categorized or grouped reasons given in the exit survey;
C. The number of departed employees and the number of retired that have worked at other agencies during their careers;
D. The number of departed employees and the number of retired that have had at least one promotion during their municipal careers;
E. The number of departed employees and the number of retired that asked for a promotion, but did not receive one;
F. The number of departed employees and the number of retired that indicated age discrimination in the exit survey;
G. The number of departed employees and the number of retired that indicated age discrimination and any other type of discrimination in the exit survey;
H. The number of departed employees and the number of retired that have described or indicated age discrimination for each of the top fivce categorized or groups reasons given in the exit survey;
I. The number of departed employees and the number of retired that have ever been demoted, transferred or experienced any of the other changes in personnel categories during their municipal careers;
J. The number of departed employees and the number of retired that indicated their departure or retirement was voluntarily;
K. The number of departed employees and the number of retired that indicated their departure or retirement was not voluntarily;
L. The number that have involuntarily departed and the number that have involuntarily retired for each of the top five categorized or grouped reasons given in the exit survey;
M. The number whose departure was planned and the number whose retirement was planned;
N. The number whose departure was unexpected and the number whose retirement was unexpected;
O. The number of departed employees and the number of retired that transferred their job knowledge and experiences to other employees before their departure or retirement;
2. For each reporting agency, a list and description of all reasons given during the exit survey for any involuntary departure or retirement; and
3. For each reporting agency, a list and description of any reported discrimination or challenges indicated during the exit survey, including, but not limited to, perceived discrimination based on race, gender, disability, and age.
§ 2. This local law takes effect immediately.
NJC
LS 14118
9/14/2020