Appointment of Employees; Eligibility
NY-ADR
4/28/21 N.Y. St. Reg. SUN-17-21-00015-EP
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 17
April 28, 2021
RULE MAKING ACTIVITIES
STATE UNIVERSITY OF NEW YORK
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. SUN-17-21-00015-EP
Filing No. 419
Filing Date. Apr. 13, 2021
Effective Date. Apr. 13, 2021
Appointment of Employees; Eligibility
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Amendment of section 335.4(d) of Title 8 NYCRR.
Statutory authority:
Education Law, sections 353 and 355
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
The COVID-19 disease outbreak has caused significant disruption to the careers of SUNY faculty, and most significantly to those faculty working toward achievement of continuing appointment (tenure). Given this significant disruption, SUNY adopted emergency regulations on May 6, 2020, to allow for a one-time, added year of service for all non-tenured faculty in specified academic ranks as of that date. The emergency rule was finalized on January 20, 2021. To respond to the ongoing health crisis, this emergency regulation would allow for the same one-time added year of service to eligible non-tenured faculty hired between May 6, 2020 and June 30, 2021. Amendment of these regulations needs to proceed on an emergency basis in the face of the ongoing public health crisis to allow for timely implementation of these changes and to provide necessary flexibility to our faculty in this uncertain time.
Subject:
Appointment of Employees; Eligibility.
Purpose:
To allow for the addition of one year to the service limits for faculty hired between May 20, 2020 - June 30, 2021.
Text of emergency/proposed rule:
Section 335.4(d). Eligibility.
(5) Each employee who was hired between May 6, 2020 and June 30, 2021 and appointed to a position of academic rank, who has not yet attained continuing appointment status, and who is not currently under review, shall have an automatic one-year extension of the time to continuing appointment without change in title, full-time equivalent or other employment status. Any employee in a position of academic rank who has not yet attained continuing appointment status may opt out of the automatic one-year extension referenced above and be considered for continuing appointment based on their original schedule by submitting a request, in writing, to their Department Chair, with copy to their Dean and Provost. Timelines for such submission shall be determined at each campus. These provisions shall not apply to any employee in a position of academic rank who has already been provided with a notice of non-renewal.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire July 11, 2021.
Text of rule and any required statements and analyses may be obtained from:
Lisa S. Campo, State University of New York, State University Plaza, Albany, NY, (518) 320-1400, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Education Law §§ 353 and 355 authorizes the State University Trustees to make rules and regulations relating to appointment of employees.
2. Legislative objectives: The present measure makes amendments to the State University of New York regulations regarding appointment of employees.
3. Needs and benefits: Given the significant disruption caused by the COVID-19 disease outbreak, the amendments are necessary to provide necessary flexibility to our faculty in this uncertain time. This amendment would allow for the addition of one year to the service limits before attaining continuing appointment for non-tenured faculty hired between May 6, 2020 and June 30, 2021. The one-year extension would be automatic, but eligible employees may opt out of the extension and be considered for continuing appointment based on their original schedule by written request.
4. Costs: None.
5. Local government mandates: None.
6. Paperwork: None.
7. Duplication: None.
8. Alternatives: There are no viable alternatives.
9. Federal standards: There are no related Federal standards.
10. Compliance schedule: Immediate.
Regulatory Flexibility Analysis
No regulatory flexibility analysis is submitted with this notice because the proposed rule does not impose any requirements on small businesses and local governments. This proposed rule making will not impose any adverse economic impact on small businesses and local governments or impose any reporting, recordkeeping or other compliance requirements on small businesses and local governments.
Rural Area Flexibility Analysis
No rural area flexibility analysis is submitted with this notice because the proposed rule does not impose any requirements on rural areas. The rule will not impose any adverse economic impact on rural areas or impose any reporting, recordkeeping, professional services or other compliance requirements on rural areas.
Job Impact Statement
No job impact statement is submitted with this notice because the proposed rule does not impose any adverse economic impact on existing jobs, employment opportunities, or self-employment. This regulation governs appointment of employees for State University of New York and will not have any adverse impact on the number of jobs or employment.
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