NY Educ L § 355-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 8 - State University and State Financial Assistance for Higher Education 355-A - Powers and Duties of Trustees--Personnel Functions.

§ 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.