2023 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.