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New York. Mayoral Directive 2023-2

September 14, 2023

To:      The Commissioners of the NYPD, FDNY, DOC, and DSNY
From: Mayor Eric Adams
Re:      Overtime Spending
Date:   September 14, 2023

The City is facing fiscal constraints which require the ongoing monitoring of agency spending. Control of overtime is important for good government and overtime should be approved only in those instances where it is warranted and appropriate.

The Police Department (“NYPD”), the Fire Department (“FDNY”), the Department of Correction (“DOC”), and the Department of Sanitation (“DSNY”) (each, an “Agency” and together, the “Agencies”), represent a disproportionate share of overtime spending.  It is the ongoing responsibility of management of each of the Agencies to ensure that overtime is used responsibly and in accordance with the City’s guidelines. 

Given the ongoing fiscal constraints, this Mayoral Directive sets forth additional procedures regarding overtime spending at the NYPD, FDNY, DOC, and DSNY.

Effective immediately, overtime spending at the Agencies is subject to the following:

  1. Reduction Targets and Detailed Spending Plans. The Office of the First Deputy Mayor (“FDM”), the Office of the Deputy Mayor for Public Safety (“DMPS”) and the Office of Management and Budget (“OMB”) (each an “oversight office”) shall have primary responsibility for the oversight of overtime expenditures of the Agencies as described below. The FDM, in coordination with OMB, shall oversee overtime expenditures for DSNY. The DMPS, in coordination with OMB, shall oversee overtime expenditures for the NYPD, FDNY, and DOC. The oversight offices shall work with their Agencies to develop, and thereafter monitor, detailed overtime reduction plans, including targets for year-over-year overtime reductions for each fiscal year. All of the provisions of this Mayoral Directive apply regardless of whether the Agency employees receive paid overtime or compensatory time.
  2. Monthly Reports. Each of the Agencies shall track overtime earnings against their respective reduction targets and submit a monthly report to each applicable oversight office. Based on their overtime expenditures, the FDM, the DMPS, and OMB may require certain of their Agencies to submit detailed explanations as to any variances from their overtime reduction plans. These detailed explanations, if required, shall be submitted as part of the Agency monthly reports. The FDM, DMPS, and OMB may request from their Agencies any data they determine is necessary to comply with this monthly reporting requirement.
  3. Agency Overtime Compliance Officer. The commissioner of each Agency shall identify a deputy commissioner (or equivalent) who is responsible for compliance with overtime reduction plans.
  4. Unplanned Overtime Expenditures. I direct the commissioner of each Agency to raise specific issues involving unplanned overtime expenditures to the immediate attention of the applicable oversight offices, including those necessary to meet emergency service demands as outlined below in Section 10. OMB, acting in coordination with the applicable oversight office, may prohibit the use of overtime expenditures by an Agency if the Agency continues to overspend against its planned reduction target without prior notification or without sufficient justification. Such overspending may also result in a Mayoral meeting.
  5. Approval of Overtime. Controlling the use of overtime, including paid compensatory time, shall be the direct responsibility of each Agency’s commissioner. Approvals for such time usage may be made only by Agency personnel who report directly to the Agency’s commissioner. A list of personnel in each Agency with the authority to approve such time usage shall be sent to the applicable oversight offices within 10 days of the effective date of this Mayoral Directive.
  6. Overtime Control Plans. Agencies deemed by OMB, acting in coordination with the applicable oversight office, to have excessive overtime expenditures against their planned reduction targets are required to submit detailed remediation plans to the applicable oversight offices.
  7. Commissioner Meetings. The FDM, the DMPS, and OMB shall hold monthly meetings with their Agency commissioners to discuss overtime control issues and problems.
  8. Review of Top Overtime Earners. Agency commissioners shall personally review the top overtime earners in their respective Agencies, at least quarterly, to ensure that overtime is being distributed equitably and to avoid potential abuse. The FDM, the DMPS, and OMB shall also review the top earners of their Agencies and may require additional information from those Agencies, as appropriate
  9. Notifications. Agency commissioners shall promptly notify all staff to ensure that they are aware of these overtime guidelines and that control of overtime spending is a priority of this Administration.
  10. Emergency Services. Nothing contained herein shall be construed as prohibiting the use of overtime to meet emergency service demands. The use of overtime to meet emergency service demands may require a reduction of non-emergency overtime if such emergency costs cause an Agency to overspend against its plan without prior notification.  Routine daily response to emergencies consistent with an Agency’s mission generally does not constitute a necessity requiring the use of overtime unless such use is approved by OMB, acting in coordination with the oversight offices.
  11. Effective Date. This Mayoral Directive takes effect immediately.

Mayoral Directive 2023-2

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