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
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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.