Who can act as agency head and their pay

(a) Absence due to illness, incapacity or temporary absence from the city—when vacancy occurs. An agency head may appoint with the approval of the mayor, an officer, or employee in such person’s department, to serve as acting agency head during the agency head’s illness, incapacity, or temporary absence from the city. As acting head, such person shall execute all the powers and duties of the agency head. Vacancies resulting from death, resignation, dismissal, or expiration of term of office of an agency head shall be filled in accordance with applicable provisions pertaining to that agency contained in the Charter. Notwithstanding any other provision to the contrary, any incumbent corporation counsel and prosecuting attorney whose term of office has expired coterminously with that of the appointing authority shall not serve in an acting or interim agency head capacity, unless and until their appointments have been approved by the city council. Any person whose appointment fails to receive council’s confirmation shall not be eligible for another appointment to the same office during the term of the appointing authority. (b) Additional compensation for temporary absence of agency head. Any person designated as acting agency head pursuant to subsection (a) of this section shall not be entitled to the compensation received by the agency head; provided that if an agency head’s illness, incapacity, or temporary absence from the city exceeds 10 continuous working days involving a single occurrence, such acting agency head shall be entitled to compensation paid to the agency head until the agency head returns; provided further, that such additional compensation shall be paid to the acting agency head retroactive to the termination of the 10-day waiting period. (c) Additional compensation when vacancy occurs. Any person designated as acting agency head pursuant to subsection (a) of this section shall not be entitled to the compensation received by the agency head; provided that if such vacancy exceeds 10 continuous working days involving a single occurrence, such acting agency head shall be entitled to compensation paid to the agency head until the position is filled; provided further, that such additional compensation shall be paid to the acting agency head retroactive to the termination of the 10- day waiting period. )