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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:	The Honorable the Members of the Board of Regents
FROM:	Erin M. O'Grady-Parent
COMMITTEE:	Full Board
TITLE OF ITEM:	Proposed Amendment to the Rules of the Board of Regents relating to the appointment of a chief of staff and a chief operating officer
DATE OF SUBMISSION:	December 17, 2003
PROPOSED HANDLING:	Approval
RATIONALE FOR ITEM:	Implementation of Regents Policy
STRATEGIC GOAL:	Goals 5 and 6
AUTHORIZATION(S):

SUMMARY:

Attached is a proposed amendment of sections 3.8 and 3.9 of the Rules of the Board of Regents submitted for approval. The proposed amendment was adopted as an emergency measure at your October meeting and is now being proposed for adoption as a permanent rule. Supporting materials are available upon request from the Secretary to the Board of Regents.

The purpose of the proposed amendment is to provide for the appointment of a chief of staff; to specify the duties of the chief of staff and the chief operating officer; and to designate the chief of staff as the deputy commissioner of education as specified in Education Law section 101, who, in the absence or disability of the Commissioner or when a vacancy exists in the office of Commissioner, shall exercise and perform the functions, powers and duties of the Commissioner.

A Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on November 5, 2003. In addition to adopting the amendment as a permanent rule, a second emergency adoption is necessary to ensure that the emergency rule adopted in October remains continuously in effect until the effective date of its adoption as a permanent rule. A Statement of the Facts and Circumstances Which Necessitate Emergency Action is attached.

RECOMMENDATION: It is recommended that the Rules of the Board of Regents be amended in accordance with the attached draft and that the Regents take the following action:

VOTED: That sections 3.8 and 3.9 of the Rules of the Board of Regents be amended, as submitted, effective January 16, 2004, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the amendment remains continuously in effect until the effective date of its adoption as a permanent rule.

VOTED: That sections 3.8 and 3.9 of the Rules of the Board of Regents be amended, as submitted, effective February 5, 2004.

Attachment

AMENDMENT OF THE RULES OF THE BOARD OF REGENTS

Pursuant to section 101 of the Education Law.

1. Section 3.8 of the Rules of the Board of Regents is amended, effective February 5, 2004, as follows:

§ 3.8 Chief of staff, chief operating officer, counsel and other personnel.

(a) There shall be a chief of staff, a chief operating officer, a counsel to the Education Department and the University and such other personnel as may be appointed from time to time by the commissioner.

(b) The chief of staff shall be the deputy commissioner of education as specified in section 101 of the Education Law and shall advise the commissioner on policy, coordinate action across the Department on policy issues, facilitate internal and external communications in support of policy, and perform special assignments as directed by the commissioner. In the absence or disability of the commissioner or when a vacancy exists in the office of commissioner, the chief of staff shall exercise and perform the functions, powers and duties conferred or imposed on the commissioner by statute and by rule of the Regents.

(c) The chief operating officer [shall be the deputy commissioner of education as specified in section 101 of the Education Law and] shall advise the commissioner on the formulation and review of policy, budget planning and development, legislative program developments, and program planning and evaluation, shall supervise the administration of specific department programs as delegated by the commissioner, and shall perform special assignments as directed by the commissioner. [In the absence or disability of the commissioner or when a vacancy exists in the office of commissioner, the chief operating officer shall exercise and perform the functions, powers and duties conferred or imposed on the commissioner by statute and by rule of the Regents.]

[(c)] (d) There shall be in the department, in addition to the divisions established by statute, such other divisions and such bureaus as shall be established by the commissioner with the approval of the Regents.

2. Section 3.9 of the Rules of the Board of Regents is amended, effective February 5, 2004, as follows:

§ 3.9 Appointments.

The commissioner shall appoint all officers and employees of the department, except the [chief operating officer] chief of staff. Appointments to the positions of chief operating officer, deputy commissioner, associate commissioner, assistant commissioner and director of the Office of Professional Discipline shall be made with approval of the Board of Regents.

AMENDMENT OF THE RULES OF THE BOARD OF REGENTS

Pursuant to section 101 of the Education Law.

1. Section 3.8 of the Rules of the Board of Regents is amended, effective January 16, 2004, as follows:

§ 3.8 Chief of staff, chief operating officer, counsel and other personnel.

2. Section 3.9 of the Rules of the Board of Regents is amended, effective January 16, 2004, as follows:

§ 3.9 Appointments.

PROPOSED AMENDMENT OF SECTIONS 3.8 AND 3.9 OF THE RULES OF THE BOARD OF REGENTS PURSUANT TO SECTION 101 OF THE EDUCATION LAW, RELATING TO THE CHIEF OF STAFF AND THE CHIEF OPERATING OFFICER

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

In order to ensure the successful attainment of the goals of the State Education Department's Strategic Plan, the Board of Regents and the Commissioner of Education have determined that a new position of Chief of Staff should be created, with responsibility for ensuring that the policies and positions of the Board of Regents and the Commissioner of Education are reflected in the Department's activities

The proposed rule provides for the appointment of a chief of staff; specifies the duties of the chief of staff and the chief operating officer; and designates the chief of staff as the deputy commissioner of education as specified in Education Law section 101, who, in the absence or disability of the Commissioner or when a vacancy exists in the office of Commissioner, shall exercise and perform the functions, powers and duties of the Commissioner.

The proposed rule was adopted at the October 8-9, 2003 Regents meeting, as an emergency measure effective October 25, 2003, to ensure that the Rules of the Board of Regents were immediately brought into conformance with changes in the Department's internal organization so that the Chief of Staff and the Chief Operating Officer could assume the duties of their respective positions in a timely and efficient manner.

The proposed rule is being presented to the Board of Regents for adoption as a permanent rule at their January 12, 2004 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act. Pursuant to SAPA section 202(5), the permanent adoption cannot become effective until after its publication in the State Register on February 4, 2004. However, the October emergency adoption will expire on January 18, 2004, 90 days after its filing with the Department of State on October 21, 2003. A second emergency adoption is therefore necessary to ensure that the rule remains continuously in effect until the effective date of its adoption as a permanent rule.

The Honorable the Members of the Board of Regents