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What is NYC AC § 21-116?

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This section allows the commissioner to establish commissaries at camp LaGuardia and the Neponsit home for the aged for the benefit of residents and employees. It outlines the management of funds, expenditures, and employee appointments related to these commissaries. Applies to the management of commissary operations in specific facilities.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 21-116 Commissaries.

AC § 21-116

a. The commissioner may establish a commissary at camp LaGuardia and a commissary at the Neponsit home for the aged for the use and benefit of the residents and employees thereof. All moneys received from the sales in such commissaries shall be paid over semimonthly to the commissioner of finance without deduction. The provisions of section 12-114 of the code shall apply to every officer or employee who receives such money in the performance of his or her duties in such commissaries. The accounts of the commissaries shall be subject to supervision, examination and audit by the comptroller and all other powers of the comptroller in accordance with the provisions of the charter and code. b. All moneys received from the sales in such commissaries shall be kept in a separate and distinct fund to be known as the commissary fund. Such fund shall be used for: 1. The purchase of all merchandise for resale in such commissaries; 2. The purchase of supplies, materials, and equipment for such commissaries; 3. The furnishing of work or labor to be done for such commissaries; 4. The salaries of all employees of the Neponsit home for the aged commissary and the incentive allowance authorized by certificate of the director of the budget to be paid to the residents of camp LaGuardia who are permitted to work in the camp LaGuardia commissary; and 5. All other costs and expenses of operating such commissaries. c. Any surplus remaining in the commissary fund after deducting all items described in subdivision b hereof shall be used for the general welfare of the residents of camp LaGuardia and the Neponsit home for the aged. In the event such fund at any time exceeds ten thousand dollars, the excess shall be transferred to the general fund. d. All expenditures for items described in paragraph one of subdivision b of this section shall be made upon vouchers issued by the commissioner and subject to audit by the comptroller. All other expenditures described in subdivision b and subdivision c of this section shall be made by the commissioner in accordance with schedules approved by the mayor or of the director of the budget acting in accordance with a delegation of power from the mayor. All supplies, materials, equipment and merchandise to be furnished and all work or labor to be done, the cost of which is payable from the commissary fund, shall be furnished or provided in accordance with the provisions of chapter thirteen of the charter and chapter one of title thirteen of the code. e. All appointments to positions in the Neponsit home for the aged commissary shall be made in accordance with the civil service law and rules. The salaries of employees of such commissary shall be fixed by the mayor. Such salaries and all pension contributions required to be made by the city on behalf of such employees shall be paid from the commissary fund. f. Any officer, employee or resident, whose duties in connection with the commissary fund involve possession of or control over funds, shall execute a bond to the city for the faithful performance of his or her duties in such sum as may be fixed and with sureties to be approved by the comptroller, or shall in the alternative be included in the coverage of a blanket bond insuring the city for the faithful performance of his or her duties in such sum as may be fixed and with sureties to be approved by the comptroller.

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