S T A T E   O F   N E W   Y O R K
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                                  7735

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law, the education law and the  public
  authorities  law, in relation to changing the designation of the fash-
  ion institute of technology from a community college to  a  four  year
  college;  and repealing certain provisions of the education law relat-
  ing thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  (i)  of  section 35 of civil service law, as
amended by chapter 1167 of the laws of  1971,  is  amended  to  read  as
follows:
  (i) all positions in community colleges in the professional service as
defined  in subdivision two of section six thousand three hundred six of
the education law, which shall include all  positions  on  the  instruc-
tional  staffs  of  [the  fashion institute of technology,] the New York
city community college of applied arts and sciences, and of the communi-
ty colleges sponsored by the board of higher education in  the  city  of
New  York  as  [respectively] defined in [sections] SECTION two thousand
five hundred eighty-seven[, six thousand  two  hundred  six-a,  and  six
thousand  two  hundred  six-b]  of  the education law. Such positions in
community colleges other than [the fashion institute of technology,] the
New York city community college of applied arts and sciences, and commu-
nity colleges sponsored by the board of higher education of the city  of
New  York  shall be determined by the board of trustees of such colleges
with the approval of the chancellor of state university,  and  certified
by  each  such  board to the commission or officer which administers the
civil service law for the local sponsor of the community college  admin-
istered by such board. Each such board of trustees shall prescribe qual-
ifications  for appointment for all classes of positions so certified by
it, and shall establish specifications setting forth the  qualifications
for  and the nature and scope of the duties and responsibilities of such
positions. Each such board of trustees shall  file  such  qualifications
for  appointment  and such specifications with the civil service commis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15420-01-6

S. 7735                             2

sion and with the commission or officer to which  the  certification  is
made;
  S  2. Subdivision 3 of section 352 of the education law, as amended by
chapter 552 of the laws of 1985, is amended to read as follows:
  3. The state university shall consist of the four  university  centers
at  Albany, Binghamton, Buffalo and Stony Brook, the designated colleges
of arts and sciences at Brockport, Buffalo, Cortland, Fredonia, Geneseo,
New Paltz, Old  Westbury,  Oneonta,  Oswego,  Plattsburgh,  Potsdam  and
Purchase,  empire state college, the agricultural and technical colleges
at Alfred, Canton, Cobleskill, Delhi, Farmingdale, FASHION INSTITUTE  OF
TECHNOLOGY  and  Morrisville,  downstate medical center, upstate medical
center, the college of optometry, the college of  environmental  science
and forestry, maritime college, the college of technology at Utica/Rome,
the  statutory  or  contract  colleges  at Cornell university and Alfred
university, and such additional universities, colleges and other  insti-
tutions,  facilities  and research centers as have been or hereafter may
be acquired, established, operated or contracted to be operated for  the
state by the state university trustees.
  S  3.  Paragraph  (b)  of subdivision 14 of section 1680 of the public
authorities law, as amended by chapter 332  of  the  laws  of  1975,  is
amended to read as follows:
  (b)  The provisions of paragraph [a] (A) of this subdivision shall not
apply to facilities for a locally sponsored  community  college  in  the
city of New York [other than the fashion institute of technology].
  S  4.  Paragraph  a  of subdivision 1 of section 2587 of the education
law, as added by chapter 429 of the laws of 1957, is amended to read  as
follows:
  a.  FOR THE PURPOSES OF THIS SECTION, "[Community] college" shall mean
fashion institute of technology, [a community college sponsored  by  the
board of education of the city of New York] A FOUR YEAR COLLEGE, PART OF
THE STATE UNIVERSITY.
  S  5.  Paragraph  c  of subdivision 1 of section 2587 of the education
law, as added by chapter 429 of the laws of 1957, is amended to read  as
follows:
  c.  "Instructional  staff"  shall  mean  the  persons  employed in the
[community] college in  the  positions  of  president,  dean,  director,
assistant  dean, assistant director, chairman of department or division,
senior instructor,  instructor,  lecturer,  college  registrar,  college
bursar,   laboratory   technician,   college  administrative  assistant,
instructor technologist, college librarian, assistant librarian;  or  in
any position which the board in its discretion may add thereto.
  S  6.  Subdivision 3 of section 2587 of the education law, as added by
chapter 429 of the laws of 1957, is amended to read as follows:
  3. The permanent instructional staff shall consist of:
  a. All persons employed on an annual salary basis in  the  [community]
college  in  the  positions  of  senior instructor, librarian, assistant
librarian, college registrar, college bursar or  college  administrative
assistant,  who, on the date on which this section is enacted, are serv-
ing in any of the  positions  enumerated  in  this  paragraph  and  have
completed  at  least  four full years of continuous service on an annual
salary from the date of  their  appointment  to  any  of  the  positions
enumerated  in this paragraph, or who have so served at least three full
years and have been appointed for a fourth full year.
  b. All other persons employed on an annual salary basis in the [commu-
nity] college in the positions of senior instructor, librarian,  assist-
ant librarian, college registrar, college bursar, college administrative

S. 7735                             3

assistant,  or  in any position hereafter created which the board in its
discretion may designate as a tenure position, who, after serving on  an
annual salary in any of the positions enumerated or provided for in this
paragraph  for  three  full  years  continuously, have been appointed or
shall be appointed for a fourth full year, except as provided in  subdi-
vision  four  of  this  section, provided that in determining the tenure
rights of such persons time served as an instructor shall be counted.
  c. Any regularly appointed member of the teaching or supervising staff
of the board of education of the city of New York who, on  the  date  on
which  this section is enacted, is serving in the [community] college in
the position  of  senior  instructor,  librarian,  assistant  librarian,
college  registrar,  college bursar or college administrative assistant,
pursuant to an assignment by the superintendent of schools of the  board
of  education  of the city of New York, and has or thereafter shall have
completed three full years of continuous service in any of the positions
enumerated in this paragraph, or in any position hereafter created which
the board may designate as a  tenure  position,  shall  be  entitled  to
become  a member of the permanent instructional staff of the [community]
college with tenure in the position in which he is then serving  in  the
[community]  college  providing  such  person, within three months after
such completion of three full years of continuous service, shall  notify
the  president  of the [community] college in writing of his election to
become a member of the permanent instructional staff of the  [community]
college  with  tenure in the position in which he is then serving in the
[community] college, and provided further that such person shall  within
the  same  period  resign from his position in the board of education of
the city of New  York.  Such  person  shall  have  the  absolute  right,
notwithstanding  his  election  to  become  a  member  of  the permanent
instructional staff of the [community] college with tenure, to  continue
as a member of the retirement system of which he was a member immediate-
ly prior to such election, without any loss or diminution in his rights,
status  or  privileges  in  such  retirement system. Any regular license
issued by the superintendent of schools of the board of education of the
city of New York, held by such person at the time he becomes entitled to
tenure in the [community] college shall continue to be valid during  his
continuance of service in the [community] college.
  S  7.  Subdivision 5 of section 2587 of the education law, as added by
chapter 429 of the laws of 1957, is amended to read as follows:
  5. A certificate of permanent tenure shall be issued by the board upon
the enactment of this section  to  each  person  then  employed  in  the
[community]  college  who,  on  or  prior to the date of such enactment,
shall  have  satisfied  the  requirements  for  entitlement  to   tenure
prescribed  by  this section. In the case of any person now or hereafter
employed in the [community] college, who, after such date of  enactment,
satisfies  such requirements for entitlement to tenure, a certificate of
permanent tenure shall be issued by the board to such person,  upon  the
completion by such person of such requirements.
  S 8. Subdivision 6 of section 2587 of the education law, as amended by
chapter 650 of the laws of 1990, is amended to read as follows:
  6. For the purpose of appointments and promotions in the instructional
staff which may be made after the date on which this section is enacted,
the board shall determine to what extent examinations are practicable to
ascertain  merit  and fitness for each of the positions under its juris-
diction, and, insofar as  examinations  are  deemed  practicable,  shall
determine  to  what  extent it is practicable, that such examinations be
competitive. Any examination held in accordance with the  provisions  of

S. 7735                             4

this  subdivision shall be set and administered through any agency which
the board may from time to time create or designate. The  superintendent
of  schools  of the board of education of the city of New York may, upon
the  request  of  the  president  of the [community] college, direct the
medical board of the board of education of  the  city  of  New  York  to
render  such  service  as  the  president of the [community] college may
request to assist the board and the president of the [community] college
in the ascertainment of merit and fitness for appointment to or relative
to service in instructional positions in the [community] college.
  S 9. Subdivisions 7 and 8 of section 2587 of  the  education  law,  as
added  by  chapter  429  of  the  laws  of  1957, are amended to read as
follows:
  7. Neither tenure as conferred through the operation of  this  section
nor the period requisite for the achievement of tenure shall be affected
by  transfer  within  the  [community]  college,  or by promotion, or by
change of title, except that a person  upon  whom  tenure  is  conferred
through  the operation of this section and who may be transferred to any
position in the [community] college, or who may be  promoted,  or  whose
title  may  be  changed, shall have tenure in his new position, provided
such position is not one of those enumerated in subdivision four of this
section.  Nothing herein contained shall be  construed  to  prevent  the
board  from  assigning any person having tenure to any appropriate posi-
tion on the staff,  but  no  such  assignment  shall  carry  with  it  a
reduction in rank or a reduction in salary other than the elimination of
any additional emolument provided for administrative positions.
  8.  A  position held by a person upon whom tenure is conferred through
the operation of this section may be abolished or  discontinued  by  the
board  for  reasons  which  are  not discriminatory against a particular
person or persons. In the event that a position in a  specified  subject
is  to  be abolished or discontinued, such position shall be that of the
person last appointed to such  position;  provided,  however,  that  all
persons in such position upon whom tenure is not conferred by the opera-
tion of this section shall be dismissed before the position of any other
person  in such subject is abolished or discontinued. If the board abol-
ishes or discontinues the position of  a  person  upon  whom  tenure  is
conferred through the operation of this section and can find no position
in  the  [community] college which can be efficiently and capably filled
by such person, then his name shall be placed and shall remain for three
years on a preferred eligible list of candidates  for  reappointment  to
fill  a  vacancy  that  may  thereafter occur in a position which can be
efficiently and capably filled by such person or to fill a newly created
position which can be efficiently and capably  filled  by  such  person.
Reappointment from such preferred eligible list to a position in a spec-
ified  subject shall be made in the order of the original appointment of
the persons on such preferred eligible list. Any person reappointed from
such preferred eligible list shall be reappointed at a salary  not  less
than  that  which  he  was  receiving when his position was abolished or
discontinued. Any person whose name is placed on such preferred eligible
list as hereinbefore provided shall, for the purpose of maintaining  his
status in any retirement system of which he is a member, be deemed to be
on leave of absence without pay.
  S 10. Subdivision 10 of section 6305 of the education law is REPEALED.
  S  11.  Subdivision 3 of section 6306 of the education law, as amended
by chapter 552 of the laws of 1984, is amended to read as follows:
  3. In the city of New York, upon  the  establishment  of  a  community
college  sponsored by the board of education, the sponsoring board shall

S. 7735                             5

be the trustees and shall be vested with the powers of a board of  trus-
tees  of  a community college, or upon the application of the sponsoring
board, approved by the state university trustees, the board of  trustees
of  such  community  college  may  be  appointed and serve in the manner
provided by subdivision one of this section; and upon the  establishment
and  continuance  of  a  community  college sponsored by the city of New
York, the local sponsor may designate the board  of  education  in  that
city  as the trustee to be vested with the powers of a board of trustees
of a community college, or the local sponsor may provide that the  board
of  trustees  of  such community college shall be appointed and serve in
the manner provided by subdivision one of this  section.  In  the  event
that  the board of education serves as the board of trustees of a commu-
nity college in the city of New York, its powers and duties in  relation
thereto shall be as prescribed in this article for boards of trustees of
community  colleges.  [In the city of New York, the board of trustees of
the fashion institute of technology shall, under such  by-laws  as  such
board  deems  appropriate,  provide  for  the eligibility for sabbatical
leaves of absence to  members  of  its  permanent  instructional  staff;
provided,  however,  that  when  such leaves are for one-half year, they
shall be at full pay, and when such leaves are for one year, they  shall
be at half pay.]
  S  12.  Subdivision  3-a  of  section  6306  of  the  education law is
REPEALED.
  S 13. This act shall take effect immediately.