Bill Text: NY S07735 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the fashion institute of technology.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-13 - COMMITTEE DISCHARGED AND COMMITTED TO HIGHER EDUCATION [S07735 Detail]

Download: New_York-2015-S07735-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7735
                    IN SENATE
                                      May 12, 2016
                                       ___________
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
        AN ACT to amend the civil service law, the education law and the  public
          authorities  law, in relation to changing the designation of the fash-
          ion institute of technology from a community college to  a  four  year
          college;  and repealing certain provisions of the education law relat-
          ing thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  (i)  of  section 35 of civil service law, as
     2  amended by chapter 1167 of the laws of  1971,  is  amended  to  read  as
     3  follows:
     4    (i) all positions in community colleges in the professional service as
     5  defined  in subdivision two of section six thousand three hundred six of
     6  the education law, which shall include all  positions  on  the  instruc-
     7  tional  staffs  of  [the  fashion institute of technology,] the New York
     8  city community college of applied arts and sciences, and of the communi-
     9  ty colleges sponsored by the board of higher education in  the  city  of
    10  New  York  as  [respectively] defined in [sections] section two thousand
    11  five hundred eighty-seven[, six thousand  two  hundred  six-a,  and  six
    12  thousand  two  hundred  six-b]  of  the education law. Such positions in
    13  community colleges other than [the fashion institute of technology,] the
    14  New York city community college of applied arts and sciences, and commu-
    15  nity colleges sponsored by the board of higher education of the city  of
    16  New  York  shall be determined by the board of trustees of such colleges
    17  with the approval of the chancellor of state university,  and  certified
    18  by  each  such  board to the commission or officer which administers the
    19  civil service law for the local sponsor of the community college  admin-
    20  istered by such board. Each such board of trustees shall prescribe qual-
    21  ifications  for appointment for all classes of positions so certified by
    22  it, and shall establish specifications setting forth the  qualifications
    23  for  and the nature and scope of the duties and responsibilities of such
    24  positions. Each such board of trustees shall  file  such  qualifications
    25  for  appointment  and such specifications with the civil service commis-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15420-01-6
        S. 7735                             2
     1  sion and with the commission or officer to which  the  certification  is
     2  made;
     3    §  2. Subdivision 3 of section 352 of the education law, as amended by
     4  chapter 552 of the laws of 1985, is amended to read as follows:
     5    3. The state university shall consist of the four  university  centers
     6  at  Albany, Binghamton, Buffalo and Stony Brook, the designated colleges
     7  of arts and sciences at Brockport, Buffalo, Cortland, Fredonia, Geneseo,
     8  New Paltz, Old  Westbury,  Oneonta,  Oswego,  Plattsburgh,  Potsdam  and
     9  Purchase,  empire state college, the agricultural and technical colleges
    10  at Alfred, Canton, Cobleskill, Delhi, Farmingdale, Fashion Institute  of
    11  Technology  and  Morrisville,  downstate medical center, upstate medical
    12  center, the college of optometry, the college of  environmental  science
    13  and forestry, maritime college, the college of technology at Utica/Rome,
    14  the  statutory  or  contract  colleges  at Cornell university and Alfred
    15  university, and such additional universities, colleges and other  insti-
    16  tutions,  facilities  and research centers as have been or hereafter may
    17  be acquired, established, operated or contracted to be operated for  the
    18  state by the state university trustees.
    19    §  3.  Paragraph  (b)  of subdivision 14 of section 1680 of the public
    20  authorities law, as amended by chapter 332  of  the  laws  of  1975,  is
    21  amended to read as follows:
    22    (b)  The provisions of paragraph [a] (a) of this subdivision shall not
    23  apply to facilities for a locally sponsored  community  college  in  the
    24  city of New York [other than the fashion institute of technology].
    25    §  4.  Paragraph  a  of subdivision 1 of section 2587 of the education
    26  law, as added by chapter 429 of the laws of 1957, is amended to read  as
    27  follows:
    28    a.  For the purposes of this section, "[Community] college" shall mean
    29  fashion institute of technology, [a community college sponsored  by  the
    30  board of education of the city of New York] a four year college, part of
    31  the state university.
    32    §  5.  Paragraph  c  of subdivision 1 of section 2587 of the education
    33  law, as added by chapter 429 of the laws of 1957, is amended to read  as
    34  follows:
    35    c.  "Instructional  staff"  shall  mean  the  persons  employed in the
    36  [community] college in  the  positions  of  president,  dean,  director,
    37  assistant  dean, assistant director, chairman of department or division,
    38  senior instructor,  instructor,  lecturer,  college  registrar,  college
    39  bursar,   laboratory   technician,   college  administrative  assistant,
    40  instructor technologist, college librarian, assistant librarian;  or  in
    41  any position which the board in its discretion may add thereto.
    42    §  6.  Subdivision 3 of section 2587 of the education law, as added by
    43  chapter 429 of the laws of 1957, is amended to read as follows:
    44    3. The permanent instructional staff shall consist of:
    45    a. All persons employed on an annual salary basis in  the  [community]
    46  college  in  the  positions  of  senior instructor, librarian, assistant
    47  librarian, college registrar, college bursar or  college  administrative
    48  assistant,  who, on the date on which this section is enacted, are serv-
    49  ing in any of the  positions  enumerated  in  this  paragraph  and  have
    50  completed  at  least  four full years of continuous service on an annual
    51  salary from the date of  their  appointment  to  any  of  the  positions
    52  enumerated  in this paragraph, or who have so served at least three full
    53  years and have been appointed for a fourth full year.
    54    b. All other persons employed on an annual salary basis in the [commu-
    55  nity] college in the positions of senior instructor, librarian,  assist-
    56  ant librarian, college registrar, college bursar, college administrative
        S. 7735                             3
     1  assistant,  or  in any position hereafter created which the board in its
     2  discretion may designate as a tenure position, who, after serving on  an
     3  annual salary in any of the positions enumerated or provided for in this
     4  paragraph  for  three  full  years  continuously, have been appointed or
     5  shall be appointed for a fourth full year, except as provided in  subdi-
     6  vision  four  of  this  section, provided that in determining the tenure
     7  rights of such persons time served as an instructor shall be counted.
     8    c. Any regularly appointed member of the teaching or supervising staff
     9  of the board of education of the city of New York who, on  the  date  on
    10  which  this section is enacted, is serving in the [community] college in
    11  the position  of  senior  instructor,  librarian,  assistant  librarian,
    12  college  registrar,  college bursar or college administrative assistant,
    13  pursuant to an assignment by the superintendent of schools of the  board
    14  of  education  of the city of New York, and has or thereafter shall have
    15  completed three full years of continuous service in any of the positions
    16  enumerated in this paragraph, or in any position hereafter created which
    17  the board may designate as a  tenure  position,  shall  be  entitled  to
    18  become  a member of the permanent instructional staff of the [community]
    19  college with tenure in the position in which he is then serving  in  the
    20  [community]  college  providing  such  person, within three months after
    21  such completion of three full years of continuous service, shall  notify
    22  the  president  of the [community] college in writing of his election to
    23  become a member of the permanent instructional staff of the  [community]
    24  college  with  tenure in the position in which he is then serving in the
    25  [community] college, and provided further that such person shall  within
    26  the  same  period  resign from his position in the board of education of
    27  the city of New  York.  Such  person  shall  have  the  absolute  right,
    28  notwithstanding  his  election  to  become  a  member  of  the permanent
    29  instructional staff of the [community] college with tenure, to  continue
    30  as a member of the retirement system of which he was a member immediate-
    31  ly prior to such election, without any loss or diminution in his rights,
    32  status  or  privileges  in  such  retirement system. Any regular license
    33  issued by the superintendent of schools of the board of education of the
    34  city of New York, held by such person at the time he becomes entitled to
    35  tenure in the [community] college shall continue to be valid during  his
    36  continuance of service in the [community] college.
    37    §  7.  Subdivision 5 of section 2587 of the education law, as added by
    38  chapter 429 of the laws of 1957, is amended to read as follows:
    39    5. A certificate of permanent tenure shall be issued by the board upon
    40  the enactment of this section  to  each  person  then  employed  in  the
    41  [community]  college  who,  on  or  prior to the date of such enactment,
    42  shall  have  satisfied  the  requirements  for  entitlement  to   tenure
    43  prescribed  by  this section. In the case of any person now or hereafter
    44  employed in the [community] college, who, after such date of  enactment,
    45  satisfies  such requirements for entitlement to tenure, a certificate of
    46  permanent tenure shall be issued by the board to such person,  upon  the
    47  completion by such person of such requirements.
    48    § 8. Subdivision 6 of section 2587 of the education law, as amended by
    49  chapter 650 of the laws of 1990, is amended to read as follows:
    50    6. For the purpose of appointments and promotions in the instructional
    51  staff which may be made after the date on which this section is enacted,
    52  the board shall determine to what extent examinations are practicable to
    53  ascertain  merit  and fitness for each of the positions under its juris-
    54  diction, and, insofar as  examinations  are  deemed  practicable,  shall
    55  determine  to  what  extent it is practicable, that such examinations be
    56  competitive. Any examination held in accordance with the  provisions  of
        S. 7735                             4
     1  this  subdivision shall be set and administered through any agency which
     2  the board may from time to time create or designate. The  superintendent
     3  of  schools  of the board of education of the city of New York may, upon
     4  the  request  of  the  president  of the [community] college, direct the
     5  medical board of the board of education of  the  city  of  New  York  to
     6  render  such  service  as  the  president of the [community] college may
     7  request to assist the board and the president of the [community] college
     8  in the ascertainment of merit and fitness for appointment to or relative
     9  to service in instructional positions in the [community] college.
    10    § 9. Subdivisions 7 and 8 of section 2587 of  the  education  law,  as
    11  added  by  chapter  429  of  the  laws  of  1957, are amended to read as
    12  follows:
    13    7. Neither tenure as conferred through the operation of  this  section
    14  nor the period requisite for the achievement of tenure shall be affected
    15  by  transfer  within  the  [community]  college,  or by promotion, or by
    16  change of title, except that a person  upon  whom  tenure  is  conferred
    17  through  the operation of this section and who may be transferred to any
    18  position in the [community] college, or who may be  promoted,  or  whose
    19  title  may  be  changed, shall have tenure in his new position, provided
    20  such position is not one of those enumerated in subdivision four of this
    21  section.  Nothing herein contained shall be  construed  to  prevent  the
    22  board  from  assigning any person having tenure to any appropriate posi-
    23  tion on the staff,  but  no  such  assignment  shall  carry  with  it  a
    24  reduction in rank or a reduction in salary other than the elimination of
    25  any additional emolument provided for administrative positions.
    26    8.  A  position held by a person upon whom tenure is conferred through
    27  the operation of this section may be abolished or  discontinued  by  the
    28  board  for  reasons  which  are  not discriminatory against a particular
    29  person or persons. In the event that a position in a  specified  subject
    30  is  to  be abolished or discontinued, such position shall be that of the
    31  person last appointed to such  position;  provided,  however,  that  all
    32  persons in such position upon whom tenure is not conferred by the opera-
    33  tion of this section shall be dismissed before the position of any other
    34  person  in such subject is abolished or discontinued. If the board abol-
    35  ishes or discontinues the position of  a  person  upon  whom  tenure  is
    36  conferred through the operation of this section and can find no position
    37  in  the  [community] college which can be efficiently and capably filled
    38  by such person, then his name shall be placed and shall remain for three
    39  years on a preferred eligible list of candidates  for  reappointment  to
    40  fill  a  vacancy  that  may  thereafter occur in a position which can be
    41  efficiently and capably filled by such person or to fill a newly created
    42  position which can be efficiently and capably  filled  by  such  person.
    43  Reappointment from such preferred eligible list to a position in a spec-
    44  ified  subject shall be made in the order of the original appointment of
    45  the persons on such preferred eligible list. Any person reappointed from
    46  such preferred eligible list shall be reappointed at a salary  not  less
    47  than  that  which  he  was  receiving when his position was abolished or
    48  discontinued. Any person whose name is placed on such preferred eligible
    49  list as hereinbefore provided shall, for the purpose of maintaining  his
    50  status in any retirement system of which he is a member, be deemed to be
    51  on leave of absence without pay.
    52    § 10. Subdivision 10 of section 6305 of the education law is REPEALED.
    53    §  11.  Subdivision 3 of section 6306 of the education law, as amended
    54  by chapter 552 of the laws of 1984, is amended to read as follows:
    55    3. In the city of New York, upon  the  establishment  of  a  community
    56  college  sponsored by the board of education, the sponsoring board shall
        S. 7735                             5
     1  be the trustees and shall be vested with the powers of a board of  trus-
     2  tees  of  a community college, or upon the application of the sponsoring
     3  board, approved by the state university trustees, the board of  trustees
     4  of  such  community  college  may  be  appointed and serve in the manner
     5  provided by subdivision one of this section; and upon the  establishment
     6  and  continuance  of  a  community  college sponsored by the city of New
     7  York, the local sponsor may designate the board  of  education  in  that
     8  city  as the trustee to be vested with the powers of a board of trustees
     9  of a community college, or the local sponsor may provide that the  board
    10  of  trustees  of  such community college shall be appointed and serve in
    11  the manner provided by subdivision one of this  section.  In  the  event
    12  that  the board of education serves as the board of trustees of a commu-
    13  nity college in the city of New York, its powers and duties in  relation
    14  thereto shall be as prescribed in this article for boards of trustees of
    15  community  colleges.  [In the city of New York, the board of trustees of
    16  the fashion institute of technology shall, under such  by-laws  as  such
    17  board  deems  appropriate,  provide  for  the eligibility for sabbatical
    18  leaves of absence to  members  of  its  permanent  instructional  staff;
    19  provided,  however,  that  when  such leaves are for one-half year, they
    20  shall be at full pay, and when such leaves are for one year, they  shall
    21  be at half pay.]
    22    §  12.  Subdivision  3-a  of  section  6306  of  the  education law is
    23  REPEALED.
    24    § 13. This act shall take effect immediately.