§ 355-A — Powers and duties of trustees--personnel functions

§ 355-a. Powers and duties of trustees--personnel functions. 1. (a)\nThe state university trustees are authorized and empowered to classify\nand reclassify all positions in the state university determined pursuant\nto section thirty-five of the civil service law to be in the\nprofessional service as defined in subdivision three of this section,\nexcept those of the New York state colleges, schools and experiment\nstations administered by Cornell university and Alfred university.\n (b) To the fullest extent possible consistent with its authority under\nthe civil service law, and after consultation with the state university\ntrustees, the state civil service commission shall consider the unique\neducational mission and operating requirements of the state university\nwhen making any determination relating to the jurisdictional\nclassification of positions in the state university in the classified\nservice. The director of the classification and compensation division of\nthe department of civil service shall similarly consider the unique\neducational mission and operating requirements of the state university\nwhen making determinations concerning the classification and\nreclassification and the allocation and reallocation of the positions in\nthe state university in the classified service.\n 2. Subject to the approval of the state university trustees, Cornell\nuniversity and Alfred university are authorized and empowered to\nallocate and reallocate positions in the non-professional services of\nthe New York state statutory or contract colleges, schools and\nexperiment stations administered by such universities, as classified and\nreclassified by the respective universities, in accordance with a\nschedule of positions and salaries filed by the state university\ntrustees pursuant to subdivision four of section three hundred\nfifty-five of this chapter.\n 3. a. The professional service shall include positions requiring the\nperformance of educational functions in teacher education, agriculture,\nhome economics, forestry, ceramics, liberal and applied arts and\nsciences, engineering, technical skills, crafts, business education,\nlabor and industrial relations, medicine, dentistry, veterinary\nmedicine, pharmacy, nursing, law, public affairs, maritime officer\ntraining, academic administration, library service, student activities,\nstudent personnel service and other professions required to carry on the\nwork of the state university and of the colleges, schools, institutes,\nresearch centers, facilities and institutions comprising it. Each\nemployee in the professional service shall receive an annual salary to\nbe paid over a period of not less than nine months as determined by the\nstate university trustees, or by Cornell university and Alfred\nuniversity with the approval of the state university trustees for the\nNew York state colleges, schools and experiment stations administered by\nsuch universities.\n b. The non-professional services shall mean all positions at the New\nYork state statutory or contract colleges, schools and experiment\nstations administered by Cornell university and Alfred university which\nare not included in the professional service.\n 4. New appointments in positions allocated to the nonprofessional\nservices shall be made in accordance with a schedule of positions and\nsalaries filed by the state university trustees pursuant to subdivision\nfour of section three hundred fifty-five of this chapter. Any person who\nis appointed, promoted, reinstated or transferred from an unallocated\nposition in the nonprofessional services to a position allocated to a\nsalary grade, the minimum salary of which is equal to or lower than the\nannual rate of compensation then received by such employee, shall, upon\nsuch appointment, promotion, reinstatement or transfer, be paid the\nminimum salary of the grade of such allocated position plus the number\nof normal performance advancement payments which corresponds to the\nnumber of years of service in such employee's former unallocated\nposition or positions during which that employee received a salary equal\nto or in excess of the minimum salary of the position to which such\nemployee is appointed, promoted, reinstated or transferred, not to\nexceed the salary that employee was receiving in such employee's former\nposition immediately prior to the date of such appointment, promotion,\nreinstatement or transfer and not to exceed the maximum salary of the\nnew position.\n 5. Nothing contained in this section shall prevent the employment of\npersons who receive part of their compensation from other than state\nsources.\n 6. An employee in the professional service who is assigned to\nextension session, summer session or part-time service shall be entitled\nto extra compensation for such service provided such service is in\naddition to that regularly assigned to his position.\n 7. Any contribution of food, lodging, or maintenance by the state or\nany commutation in lieu of maintenance, except traveling expenses and\nfield allowances, shall be considered as part of the salary established\nin this section. The fair value of such food, lodging, maintenance or\ncommutation shall be determined by the state university trustees and may\nin their discretion be deducted from the salary established by this\nsection.\n 8. The state university trustees are further authorized and empowered,\nand Cornell university and Alfred university so far as concerns the New\nYork state statutory or contract colleges, schools and experiment\nstations administered by such universities, subject to the approval of\nthe state university trustees, are also further authorized and\nempowered:\n a. To except individual positions or groups, titles or classes of\npositions from the schedules filed by the state university trustees\npursuant to subdivision four of section three hundred fifty-five of this\nchapter.\n b. To determine the procedure by which an employee may be promoted on\nevidence of continued meritorious service, and to make promotions. If an\nemployee in the non-professional services in a position allocated to a\nsalary grade is appointed or promoted to a position in a higher grade,\nsuch employee shall receive a percentage increase in existing basic\nsalary of one and one-half percent plus one and one-half percent times\nthe number of grades by which that employee is so advanced, or shall be\npaid the minimum salary of the grade of the position to which such\nemployee is appointed or promoted, whichever results in a higher annual\nsalary.\n c. To transfer positions from one state-operated institution in the\nstate university to another. Notwithstanding the provisions of the state\nfinance law, the trustees are hereby authorized to transfer positions\nwithin a unit of the university without the approval of the director of\nthe budget.\n d. To grant leaves of absence to employees for travel, study or other\nappropriate purposes, not to exceed one year in seven, at the rate of\nnot to exceed one-half the regular salary paid, or with salary at full\nrate for such leave for one-half year. The balance of salaries\nappropriated for such persons, or so much thereof as may be necessary,\nmay be applied by the state university trustees, Cornell university or\nAlfred university, as the case may be, during the period of such absence\nfor the payment of the salaries of substitutes to take the place of the\npersons to whom leaves of absence have been granted as provided herein.\n e. To establish regulations providing for the adjustment and\ndetermination of salaries of professional service employees whose\nprofessional obligation is changed as between or within calendar years\nor academic years, or whose conditions of appointment are affected by\nany other situation unique to state university positions in the\nunclassified service.\n f. To establish regulations providing for the payment, upon\nresignation or retirement, or upon death while in service, for salary or\nremuneration due by reason of the completion of required services, or in\nsettlement for unused vacation, if any, to any incumbent of a position\nin the professional service. The state comptroller is hereby authorized\nto make such payments in accordance with such regulations from monies\navailable to state university.\n 9. The annual salary of a position which is classified or\nreclassified, or which is allocated or reallocated to a salary grade\npursuant to this section shall not be reduced for the incumbent by\nreason of such allocation, reallocation, classification or\nreclassification so long as such position is held by such incumbent.\n No employee whose salary would be increased by such allocation,\nreallocation, classification or reclassification shall have any claim\nfor the difference between such increased salary and his former salary\nfor the period prior to the date such change in title or salary grade\nbecomes effective.\n The state university trustees are further authorized and empowered,\nand Cornell university and Alfred university so far as concerns the New\nYork state statutory or contract colleges, schools and experiment\nstations administered by such universities, subject to the approval of\nthe state university trustees, are also further authorized and empowered\nto adjust salaries upon the reallocation of positions as follows:\n When any position allocated to a salary grade is reallocated to a\nhigher salary grade, the annual salary of an incumbent shall be\ndetermined in accordance with the provisions of paragraph b of\nsubdivision eight of this section.\n 10. Salary, status, and accumulated leave credits of employees whose\nemployment changes as between the classified and the unclassified\nservice:\n a. The incumbent of any position in the classified service which is\ndetermined to be in the unclassified service shall, on the effective\ndate of such change, be paid at an annual salary rate not less than the\nformer rate. Such person shall retain the rights and privileges of the\nclassified service jurisdictional classification with respect to\ndiscipline, dismissal and suspension for as long as such person remains\nin the redesignated position.\n b. Any employee in the classified service who accepts appointment to\nan unclassified service position shall thereby relinquish the rights and\nprivileges of such employee's classified service jurisdictional\nclassification during the continuance of such employee's service in an\nunclassified position and shall acquire the rights and status of such\nemployee's unclassified position.\n c. Any employee in the classified service who accepts appointment to a\nposition in the unclassified service pursuant to subdivision (h) of\nsection thirty-five of the civil service law having, as of the effective\ndate of such change, an accrued balance of annual leave or sick leave\nunder the attendance rules for the classified service, shall retain such\nbalances to such employee's credit upon appointment to the professional\nservice, but shall accrue no further annual or sick leave under the\nattendance rules for the classified service. Thereafter any such\nemployees shall be eligible for annual leave and sick leave as provided\nfor by the state university trustees. Upon resignation or retirement\nfrom state service such employee shall be paid in cash for any balance\nof annual leave in accordance with the regulations applicable to persons\nin the professional service; provided however, that in the case of death\nwhile in service, such payment, if any, shall be made to the beneficiary\nto whom a survivor's death benefit pursuant to section one hundred\nfifty-four of the civil service law, if any, would be payable.\n Any such employee having accrued overtime or personal leave balance\nshall forfeit such credit, except that such employee shall be paid in\ncash for an accrued balance of overtime on the basis of the annual\nsalary in that employee's classified service position at the time of\nsuch employee's appointment to the unclassified service. Hereafter, any\nsuch employee shall be subject to the provisions made by the state\nuniversity trustees with respect to vacation and other leave except as\nherein provided.\n d. Any employee in the unclassified service pursuant to subdivision\n(h) of section thirty-five of the civil service law who accepts\nappointment to a classified service position having, as of the effective\ndate of such change, eligibility for vacation or sick leave under the\nprovisions made by the state university trustees shall be credited with\nsuch balance under the attendance rules for the classified service;\nprovided however, that not more than thirty days of annual leave and two\nhundred days of sick leave shall be so credited. Thereafter such\nemployee shall accrue annual leave and sick leave credits in accordance\nwith the attendance rules for the classified service, except that (i)\nthat employee's previous state service shall be considered in\ndetermining the rate at which the employee shall accumulate annual leave\nunder such rules and (ii) such service shall be considered in allowing\nany sick leave at one-half salary for which the employee may be\notherwise eligible under such rules. For the purpose of establishing an\nanniversary date for computing personal leave credit, such employee\nshall be deemed to have been appointed on the effective date of that\nemployee's appointment to the classified service from the unclassified\nservice. Thereafter such employee shall be subject to the attendance\nrules for the classified service except as herein provided.\n 11. Whenever a salary for a position in the professional service\nresults in an annual salary rate in an amount other than a whole dollar\namount, said rate shall be increased to the next higher whole dollar.\n 12. Nothing in this section shall be construed to limit the powers\nheretofore conferred on Cornell university or Alfred university except\nas expressly provided for herein.\n 13. The expenditure of moneys appropriated to support a group\ndisability insurance program for employees in the professional service\nshall not exceed sixty percent of salary plus contributions for annuity\ncontracts not to exceed the rates of employer contributions pursuant to\narticle eight-B of this chapter plus adjustment for cost of living\nincreases reduced by any amount for which the employee is eligible\npursuant to compensation or benefit paid for, by or on behalf of the\nstate or state university and any normal contribution to a retirement\nprogram made by the state or the state university on the employee's\nbehalf while eligible for benefits under such program in accordance with\nregulations of the state university trustees relating to eligibility and\nother terms, conditions and limitations of coverage and benefits and\nadministration of program.\n 13. Notwithstanding subdivisions one through thirteen of section one\nhundred thirty and section one hundred thirty-five of the civil service\nlaw or any other provisions of law, rule or regulations to the contrary:\n a. Whenever a representative study of peer institutions in private or\nother public hospitals in the same geographic area as a state university\nhospital shows that wage rates and/or pay differentials of nurses\nemployed in such peer institutions are higher than the wage rates and/or\npay differentials paid by the state to teaching and research center\nnurses of the state university, the state university trustees may\nauthorize and prescribe pay differentials which may be added as\nadjustments to the hiring rate, the job rate and the longevity steps of\nthe salary grade or grades and/or shift differentials for teaching and\nresearch center nurses in the classified civil service at the state\nuniversity hospitals, clinics or other ancillary health care facilities\nin such areas or locations. In each case, pay differentials under this\nsubdivision shall be percentages or fixed dollar amounts. Such\ndifferentials shall be in addition to and not in lieu of an employee's\nbasic annual salary. Any performance advancement payments, performance\nawards, longevity payments or other rights or benefits to which an\nemployee may be entitled shall be calculated from a combined base of\nannual salary plus differential payments. Any differential payable\npursuant to this subdivision shall be included as compensation for\nretirement purposes. A pay differential shall be terminated for any\nemployee when the employee ceases to be employed in a position, or area,\nor location for which such pay differential was authorized. Otherwise, a\npay differential shall remain in effect for each such employee and\nfuture pay differentials shall be authorized pursuant to this\nsubdivision.\n b. Teaching and research center nurses who on April first, nineteen\nhundred ninety-five are receiving additional compensation as a result of\na previous determination by the director of classification and\ncompensation of the department of civil service to authorize a\ngeographic area pay differential shall continue to receive such\nadditional compensation while employed in the position for which such\ndifferential was authorized unless modified pursuant to this\nsubdivision.\n c. The state comptroller is hereby authorized to make the payments\nallowed under this subdivision from monies available to the state\nuniversity from health care revenues.\n d. The compensation described herein is limited to those nurses in the\nclassified civil service employed at university health care facilities\nat the health science center at Syracuse, university hospital at the\nhealth science center at Brooklyn, and university hospital at the state\nuniversity of New York at Stony Brook.\n