Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 355-A
Powers and duties of trustees--personnel functions
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 8
§ 355-a. Powers and duties of trustees--personnel functions. 1. (a)
The state university trustees are authorized and empowered to classify
and reclassify all positions in the state university determined pursuant
to section thirty-five of the civil service law to be in the
professional service as defined in subdivision three of this section,
except those of the New York state colleges, schools and experiment
stations administered by Cornell university and Alfred university.

(b) To the fullest extent possible consistent with its authority under
the civil service law, and after consultation with the state university
trustees, the state civil service commission shall consider the unique
educational mission and operating requirements of the state university
when making any determination relating to the jurisdictional
classification of positions in the state university in the classified
service. The director of the classification and compensation division of
the department of civil service shall similarly consider the unique
educational mission and operating requirements of the state university
when making determinations concerning the classification and
reclassification and the allocation and reallocation of the positions in
the state university in the classified service.

2. Subject to the approval of the state university trustees, Cornell
university and Alfred university are authorized and empowered to
allocate and reallocate positions in the non-professional services of
the New York state statutory or contract colleges, schools and
experiment stations administered by such universities, as classified and
reclassified by the respective universities, in accordance with a
schedule of positions and salaries filed by the state university
trustees pursuant to subdivision four of section three hundred
fifty-five of this chapter.

3. a. The professional service shall include positions requiring the
performance of educational functions in teacher education, agriculture,
home economics, forestry, ceramics, liberal and applied arts and
sciences, engineering, technical skills, crafts, business education,
labor and industrial relations, medicine, dentistry, veterinary
medicine, pharmacy, nursing, law, public affairs, maritime officer
training, academic administration, library service, student activities,
student personnel service and other professions required to carry on the
work of the state university and of the colleges, schools, institutes,
research centers, facilities and institutions comprising it. Each
employee in the professional service shall receive an annual salary to
be paid over a period of not less than nine months as determined by the
state university trustees, or by Cornell university and Alfred
university with the approval of the state university trustees for the
New York state colleges, schools and experiment stations administered by
such universities.

b. The non-professional services shall mean all positions at the New
York state statutory or contract colleges, schools and experiment
stations administered by Cornell university and Alfred university which
are not included in the professional service.

4. New appointments in positions allocated to the nonprofessional
services shall be made in accordance with a schedule of positions and
salaries filed by the state university trustees pursuant to subdivision
four of section three hundred fifty-five of this chapter. Any person who
is appointed, promoted, reinstated or transferred from an unallocated
position in the nonprofessional services to a position allocated to a
salary grade, the minimum salary of which is equal to or lower than the
annual rate of compensation then received by such employee, shall, upon
such appointment, promotion, reinstatement or transfer, be paid the
minimum salary of the grade of such allocated position plus the number
of normal performance advancement payments which corresponds to the
number of years of service in such employee's former unallocated
position or positions during which that employee received a salary equal
to or in excess of the minimum salary of the position to which such
employee is appointed, promoted, reinstated or transferred, not to
exceed the salary that employee was receiving in such employee's former
position immediately prior to the date of such appointment, promotion,
reinstatement or transfer and not to exceed the maximum salary of the
new position.

5. Nothing contained in this section shall prevent the employment of
persons who receive part of their compensation from other than state
sources.

6. An employee in the professional service who is assigned to
extension session, summer session or part-time service shall be entitled
to extra compensation for such service provided such service is in
addition to that regularly assigned to his position.

7. Any contribution of food, lodging, or maintenance by the state or
any commutation in lieu of maintenance, except traveling expenses and
field allowances, shall be considered as part of the salary established
in this section. The fair value of such food, lodging, maintenance or
commutation shall be determined by the state university trustees and may
in their discretion be deducted from the salary established by this
section.

8. The state university trustees are further authorized and empowered,
and Cornell university and Alfred university so far as concerns the New
York state statutory or contract colleges, schools and experiment
stations administered by such universities, subject to the approval of
the state university trustees, are also further authorized and
empowered:

a. To except individual positions or groups, titles or classes of
positions from the schedules filed by the state university trustees
pursuant to subdivision four of section three hundred fifty-five of this
chapter.

b. To determine the procedure by which an employee may be promoted on
evidence of continued meritorious service, and to make promotions. If an
employee in the non-professional services in a position allocated to a
salary grade is appointed or promoted to a position in a higher grade,
such employee shall receive a percentage increase in existing basic
salary of one and one-half percent plus one and one-half percent times
the number of grades by which that employee is so advanced, or shall be
paid the minimum salary of the grade of the position to which such
employee is appointed or promoted, whichever results in a higher annual
salary.

c. To transfer positions from one state-operated institution in the
state university to another. Notwithstanding the provisions of the state
finance law, the trustees are hereby authorized to transfer positions
within a unit of the university without the approval of the director of
the budget.

d. To grant leaves of absence to employees for travel, study or other
appropriate purposes, not to exceed one year in seven, at the rate of
not to exceed one-half the regular salary paid, or with salary at full
rate for such leave for one-half year. The balance of salaries
appropriated for such persons, or so much thereof as may be necessary,
may be applied by the state university trustees, Cornell university or
Alfred university, as the case may be, during the period of such absence
for the payment of the salaries of substitutes to take the place of the
persons to whom leaves of absence have been granted as provided herein.

e. To establish regulations providing for the adjustment and
determination of salaries of professional service employees whose
professional obligation is changed as between or within calendar years
or academic years, or whose conditions of appointment are affected by
any other situation unique to state university positions in the
unclassified service.

f. To establish regulations providing for the payment, upon
resignation or retirement, or upon death while in service, for salary or
remuneration due by reason of the completion of required services, or in
settlement for unused vacation, if any, to any incumbent of a position
in the professional service. The state comptroller is hereby authorized
to make such payments in accordance with such regulations from monies
available to state university.

9. The annual salary of a position which is classified or
reclassified, or which is allocated or reallocated to a salary grade
pursuant to this section shall not be reduced for the incumbent by
reason of such allocation, reallocation, classification or
reclassification so long as such position is held by such incumbent.

No employee whose salary would be increased by such allocation,
reallocation, classification or reclassification shall have any claim
for the difference between such increased salary and his former salary
for the period prior to the date such change in title or salary grade
becomes effective.

The state university trustees are further authorized and empowered,
and Cornell university and Alfred university so far as concerns the New
York state statutory or contract colleges, schools and experiment
stations administered by such universities, subject to the approval of
the state university trustees, are also further authorized and empowered
to adjust salaries upon the reallocation of positions as follows:

When any position allocated to a salary grade is reallocated to a
higher salary grade, the annual salary of an incumbent shall be
determined in accordance with the provisions of paragraph b of
subdivision eight of this section.

10. Salary, status, and accumulated leave credits of employees whose
employment changes as between the classified and the unclassified
service:

a. The incumbent of any position in the classified service which is
determined to be in the unclassified service shall, on the effective
date of such change, be paid at an annual salary rate not less than the
former rate. Such person shall retain the rights and privileges of the
classified service jurisdictional classification with respect to
discipline, dismissal and suspension for as long as such person remains
in the redesignated position.

b. Any employee in the classified service who accepts appointment to
an unclassified service position shall thereby relinquish the rights and
privileges of such employee's classified service jurisdictional
classification during the continuance of such employee's service in an
unclassified position and shall acquire the rights and status of such
employee's unclassified position.

c. Any employee in the classified service who accepts appointment to a
position in the unclassified service pursuant to subdivision (h) of
section thirty-five of the civil service law having, as of the effective
date of such change, an accrued balance of annual leave or sick leave
under the attendance rules for the classified service, shall retain such
balances to such employee's credit upon appointment to the professional
service, but shall accrue no further annual or sick leave under the
attendance rules for the classified service. Thereafter any such
employees shall be eligible for annual leave and sick leave as provided
for by the state university trustees. Upon resignation or retirement
from state service such employee shall be paid in cash for any balance
of annual leave in accordance with the regulations applicable to persons
in the professional service; provided however, that in the case of death
while in service, such payment, if any, shall be made to the beneficiary
to whom a survivor's death benefit pursuant to section one hundred
fifty-four of the civil service law, if any, would be payable.

Any such employee having accrued overtime or personal leave balance
shall forfeit such credit, except that such employee shall be paid in
cash for an accrued balance of overtime on the basis of the annual
salary in that employee's classified service position at the time of
such employee's appointment to the unclassified service. Hereafter, any
such employee shall be subject to the provisions made by the state
university trustees with respect to vacation and other leave except as
herein provided.

d. Any employee in the unclassified service pursuant to subdivision
(h) of section thirty-five of the civil service law who accepts
appointment to a classified service position having, as of the effective
date of such change, eligibility for vacation or sick leave under the
provisions made by the state university trustees shall be credited with
such balance under the attendance rules for the classified service;
provided however, that not more than thirty days of annual leave and two
hundred days of sick leave shall be so credited. Thereafter such
employee shall accrue annual leave and sick leave credits in accordance
with the attendance rules for the classified service, except that (i)
that employee's previous state service shall be considered in
determining the rate at which the employee shall accumulate annual leave
under such rules and (ii) such service shall be considered in allowing
any sick leave at one-half salary for which the employee may be
otherwise eligible under such rules. For the purpose of establishing an
anniversary date for computing personal leave credit, such employee
shall be deemed to have been appointed on the effective date of that
employee's appointment to the classified service from the unclassified
service. Thereafter such employee shall be subject to the attendance
rules for the classified service except as herein provided.

11. Whenever a salary for a position in the professional service
results in an annual salary rate in an amount other than a whole dollar
amount, said rate shall be increased to the next higher whole dollar.

12. Nothing in this section shall be construed to limit the powers
heretofore conferred on Cornell university or Alfred university except
as expressly provided for herein.

13. The expenditure of moneys appropriated to support a group
disability insurance program for employees in the professional service
shall not exceed sixty percent of salary plus contributions for annuity
contracts not to exceed the rates of employer contributions pursuant to
article eight-B of this chapter plus adjustment for cost of living
increases reduced by any amount for which the employee is eligible
pursuant to compensation or benefit paid for, by or on behalf of the
state or state university and any normal contribution to a retirement
program made by the state or the state university on the employee's
behalf while eligible for benefits under such program in accordance with
regulations of the state university trustees relating to eligibility and
other terms, conditions and limitations of coverage and benefits and
administration of program.

13. Notwithstanding subdivisions one through thirteen of section one
hundred thirty and section one hundred thirty-five of the civil service
law or any other provisions of law, rule or regulations to the contrary:

a. Whenever a representative study of peer institutions in private or
other public hospitals in the same geographic area as a state university
hospital shows that wage rates and/or pay differentials of nurses
employed in such peer institutions are higher than the wage rates and/or
pay differentials paid by the state to teaching and research center
nurses of the state university, the state university trustees may
authorize and prescribe pay differentials which may be added as
adjustments to the hiring rate, the job rate and the longevity steps of
the salary grade or grades and/or shift differentials for teaching and
research center nurses in the classified civil service at the state
university hospitals, clinics or other ancillary health care facilities
in such areas or locations. In each case, pay differentials under this
subdivision shall be percentages or fixed dollar amounts. Such
differentials shall be in addition to and not in lieu of an employee's
basic annual salary. Any performance advancement payments, performance
awards, longevity payments or other rights or benefits to which an
employee may be entitled shall be calculated from a combined base of
annual salary plus differential payments. Any differential payable
pursuant to this subdivision shall be included as compensation for
retirement purposes. A pay differential shall be terminated for any
employee when the employee ceases to be employed in a position, or area,
or location for which such pay differential was authorized. Otherwise, a
pay differential shall remain in effect for each such employee and
future pay differentials shall be authorized pursuant to this
subdivision.

b. Teaching and research center nurses who on April first, nineteen
hundred ninety-five are receiving additional compensation as a result of
a previous determination by the director of classification and
compensation of the department of civil service to authorize a
geographic area pay differential shall continue to receive such
additional compensation while employed in the position for which such
differential was authorized unless modified pursuant to this
subdivision.

c. The state comptroller is hereby authorized to make the payments
allowed under this subdivision from monies available to the state
university from health care revenues.

d. The compensation described herein is limited to those nurses in the
classified civil service employed at university health care facilities
at the health science center at Syracuse, university hospital at the
health science center at Brooklyn, and university hospital at the state
university of New York at Stony Brook.