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
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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
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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
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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.