N.Y. Education Law § 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.

* NB There are 2 sb 13's

* 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.

* NB There are 2 sb 13's

* 14. (a) The use of artificial intelligence systems, as defined by

section one hundred three-e of the state technology law, shall not

affect (i) the existing rights of employees pursuant to a 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 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 duties and functions currently performed by employees

of the state university of New York to an artificial intelligence

system.

(c) The use of an artificial intelligence system shall not alter the

rights or benefits, and privileges, including but not limited to terms

and conditions of employment, civil service status, and collective

bargaining unit membership status of all existing employees of the state

university of New York shall be preserved and protected.

* NB Repealed July 1, 2028