Legislation

§ 3013. Abolition of office or position. 1. If a trustee, board of
trustees, board of education or board of cooperative educational
services abolishes an office or position and creates another office or
position for the performance of duties similar to those performed in the
office or position abolished, the person filling such office or position
at the time of its abolishment shall be appointed to the office or
position thus created without reduction in salary or increment, provided
the record of such person has been one of faithful, competent service in
the office or position he or she has filled.

2. Whenever a trustee, board of trustee, board of education or board
of cooperative educational services abolishes a position under this
chapter, the services of the teacher having the least seniority in the
system within the tenure of the position abolished shall be
discontinued.

3. (a) If an office or position is abolished or if it is consolidated
with another position without creating a new position, the person
filling such position at the time of its abolishment or consolidation
shall be placed upon a preferred eligible list of candidates for
appointment to a vacancy that then exists or that may thereafter occur
in an office or position similar to the one which such person filled
without reduction in salary or increment, provided the record of such
person has been one of faithful, competent service in the office or
position he or she has filled. The persons on such preferred list shall
be reinstated or appointed to such vacancies in such corresponding or
similar positions in the order of their length of service in the system
at any time within seven years from the date of abolition or
consolidation of such office or position.

(b) The persons on such preferred list shall be reinstated, in
accordance with the terms of paragraph (a) of this subdivision, to such
substitute positions of five months or more in duration, as may from
time to time occur without losing their preferred status on such list.
Declination of such reinstatement shall not adversely affect the
persons' preferred eligibility status.

4.(a) The use of artificial intelligence systems as defined by section
one hundred three-e of the state technology law and automated
decision-making tools as defined by section five hundred one of the
state technology law shall not affect (i) the existing rights of
employees pursuant to an existing collective bargaining agreement, or
(ii) the existing representational relationships among employee
organizations or the bargaining relationships between the employer and
an employee organization.

(b) The use of such artificial intelligence systems and automated
decision-making tools shall not result in the: (i) discharge,
displacement or loss of position, including partial displacement such as
a reduction in the hours of non-overtime work, wages, or employment
benefits, or result in the impairment of existing collective bargaining
agreements; or (ii) transfer of existing duties and functions currently
performed by employees of the state or any agency or public authority
thereof to an artificial intelligence system or automated
decision-making tool.

(c) The use of such artificial intelligence system and automated
decision-making tool shall not alter the rights or benefits, and
privileges, including but not limited to terms and conditions of
employment and civil service status. The collective bargaining unit
membership status of all existing employees of the board of education,
board of cooperative educational services, or board of trustees thereof
shall be preserved and protected.