§ 3013 — Abolition of office or position

§ 3013. Abolition of office or position. 1. If a trustee, board of\ntrustees, board of education or board of cooperative educational\nservices abolishes an office or position and creates another office or\nposition for the performance of duties similar to those performed in the\noffice or position abolished, the person filling such office or position\nat the time of its abolishment shall be appointed to the office or\nposition thus created without reduction in salary or increment, provided\nthe record of such person has been one of faithful, competent service in\nthe office or position he or she has filled.\n 2. Whenever a trustee, board of trustee, board of education or board\nof cooperative educational services abolishes a position under this\nchapter, the services of the teacher having the least seniority in the\nsystem within the tenure of the position abolished shall be\ndiscontinued.\n 3. (a) If an office or position is abolished or if it is consolidated\nwith another position without creating a new position, the person\nfilling such position at the time of its abolishment or consolidation\nshall be placed upon a preferred eligible list of candidates for\nappointment to a vacancy that then exists or that may thereafter occur\nin an office or position similar to the one which such person filled\nwithout reduction in salary or increment, provided the record of such\nperson has been one of faithful, competent service in the office or\nposition he or she has filled. The persons on such preferred list shall\nbe reinstated or appointed to such vacancies in such corresponding or\nsimilar positions in the order of their length of service in the system\nat any time within seven years from the date of abolition or\nconsolidation of such office or position.\n (b) The persons on such preferred list shall be reinstated, in\naccordance with the terms of paragraph (a) of this subdivision, to such\nsubstitute positions of five months or more in duration, as may from\ntime to time occur without losing their preferred status on such list.\nDeclination of such reinstatement shall not adversely affect the\npersons' preferred eligibility status.\n 4.(a) The use of artificial intelligence systems as defined by section\none hundred three-e of the state technology law and automated\ndecision-making tools as defined by section five hundred one of the\nstate technology law shall not affect (i) the existing rights of\nemployees pursuant to an existing collective bargaining agreement, or\n(ii) the existing representational relationships among employee\norganizations or the bargaining relationships between the employer and\nan employee organization.\n (b) The use of such artificial intelligence systems and automated\ndecision-making tools shall not result in the: (i) discharge,\ndisplacement or loss of position, including partial displacement such as\na reduction in the hours of non-overtime work, wages, or employment\nbenefits, or result in the impairment of existing collective bargaining\nagreements; or (ii) transfer of existing duties and functions currently\nperformed by employees of the state or any agency or public authority\nthereof to an artificial intelligence system or automated\ndecision-making tool.\n (c) The use of such artificial intelligence system and automated\ndecision-making tool shall not alter the rights or benefits, and\nprivileges, including but not limited to terms and conditions of\nemployment and civil service status. The collective bargaining unit\nmembership status of all existing employees of the board of education,\nboard of cooperative educational services, or board of trustees thereof\nshall be preserved and protected.\n