Int. No. 877-B

By Council Members Abreu, De La Rosa, Menin, Louis, Stevens, Hanif, Ung, Richardson Jordan, Farías, Nurse, Brewer, Cabán, Williams, Sanchez, Schulman, Brooks-Powers, Hudson, Riley, Marte, Gutiérrez, Velázquez, Rivera, Narcisse, Won, Lee, Dinowitz and Mealy

A Local Law to amend the administrative code of the city of New York, in relation to exit surveys and interviews for resigning and retiring employees of city agencies

Be it enacted by the Council as follows:

Section 1. Chapter 2 of title 12 of the administrative code of the city of New York is amended by adding a new section 12-216 to read as follows:

§ 12-216 Exit surveys and interviews. a. Definitions. For purposes of this section, the following terms have the following meanings:

Commissioner. The term “commissioner” means the commissioner of citywide administrative services.

Department. The term “department” means the department of citywide administrative services.

Resigning employee. The term “resigning employee” means an employee who has provided notice of resignation from city civil service, but does not include a retiring employee.

Retiring employee. The term “retiring employee” means an employee who has provided notice of retirement from city civil service.

b. No later than January 1, 2024, each agency shall provide to the department copies of any exit surveys or policies that such agency administers in relation to resigning or retiring employees.

c. Upon consideration of any exit surveys or policies received from agencies pursuant to subdivision b of this section, the commissioner shall create a comprehensive exit survey and interview protocol for resigning employees and retiring employees. Such survey and interview protocol shall include, but not be limited to, questions designed to elicit the information required pursuant to subdivision f of this section, including details regarding the quality of the employee’s experience during their employment in city civil service and the employee’s reasons for resigning or retiring from city civil service. 

d. 1. Agencies shall offer electronic exit surveys created pursuant to subdivision c of this section to all resigning employees and retiring employees, to be completed on a voluntary basis.

2. Agencies shall make best efforts to offer to conduct exit interviews pursuant to the protocol required by subdivision c to as many resigning employees and retiring employees as practicable throughout the reporting period, and in accordance with the following:

(a) Each agency with 100,000 employees or more shall offer an exit interview to no fewer than 20 percent of such employees;

(b) Each agency with no fewer than 50,000 employees and no more than 99,999 employees shall offer an exit interview to no fewer than 40 percent of such employees; and

(c) Each agency with fewer than 50,000 employees shall offer an exit interview to all such employees.

3. Exit surveys and interviews shall be offered to resigning employees or retiring employees no later than 1 week before the last day of employment of such resigning employee or retiring employee and, if such employee elects to participate in such survey or interview, shall be conducted on or before such employee’s last day of employment.

e. No later than September 15, 2024, and on or before September 15 annually thereafter, each agency shall provide to the department and the equal employment practices commission data from the exit surveys and interviews administered pursuant to subdivision d of this section in a form and manner to be determined by the commissioner.

f. No later than March 30, 2025, and by March 30 annually thereafter, the department shall submit to the equal employment practices commission and to the speaker of the council: (i) a copy of the comprehensive exit survey and interview protocol required by subdivision c of this section and (ii) a report regarding responses from exit surveys and interviews administered during the reporting period pursuant to this section. Such report shall include, but need not be limited to:

1. The following information on resigning employees and retiring employees for the prior calendar year, disaggregated by agency, civil service title, business title, title classification, managerial status, as applicable, and status as resigning employee or retiring employee:

(a) The number of such employees;

(b) The number of such employees who were offered to complete an exit survey;

(c) The number of such employees who were offered an exit interview;

(d) The number of such employees who completed an exit survey; and

(e) The number of such employees who completed an exit interview.

2. A summary and analysis of information obtained from exit surveys and interviews administered to resigning employees and retiring employees in the prior calendar year. Such summary and analysis shall make best efforts to address the reasons for resignation or retirement given by surveyed and interviewed employees, which may include, but are not limited to: career change; decision to pursue further education; remote work policies; leave policies; caregiving responsibilities; wages and other compensation; conflict with colleagues; conflict with management; perceived unsafe working conditions; concerns about possible harassment or discrimination; workload; loss of city residency; and commute time.

§ 2. This local law takes effect immediately.

Session 12

XC/NC/EA

LS 8504

9/6/2023 4:30pm

Session 11

NJC

LS 14118

9/14/2020