Appointment of Employees, Eligibility
NY-ADR
12/9/20 N.Y. St. Reg. SUN-37-20-00002-E
NEW YORK STATE REGISTER
VOLUME XLII, ISSUE 49
December 09, 2020
RULE MAKING ACTIVITIES
STATE UNIVERSITY OF NEW YORK
EMERGENCY RULE MAKING
I.D No. SUN-37-20-00002-E
Filing No. 759
Filing Date. Nov. 20, 2020
Effective Date. Nov. 20, 2020
Appointment of Employees, Eligibility
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
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 has reached an agreement with the United University Professions (UUP) to allow for a one-time, added year of service for all current non-tenured faculty in these academic ranks. Amendment of these regulations needs to proceed on an emergency basis in the face of the ongoing public health crisis 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 current faculty to attain continuing appointment.
Text of emergency rule:
Section 335.4(d). Eligibility.
(4) Each employee who as of May 6, 2020 is currently serving in 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 only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. SUN-37-20-00002-EP, Issue of September 16, 2020. The emergency rule will expire January 18, 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 12246, (518) 320-1400, email: [email protected]
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, and to comply with an agreement with the United University Professions (UUP) to allow for a one-time, added year of service for all current non-tenured faculty in these academic ranks.
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: Compliance should be 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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