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:

Kathy A. Ahearn

SUBJECT:

Proposed Amendment to the Rules of the Board of Regents relating to the Chief Operating Officer

 

DATE:

November 14, 2005

 

STRATEGIC GOAL:

Goals 5 and 6

 

AUTHORIZATION(S):

 

 

 

 

Summary

 

Issue for Decision

 

            Should the Board of Regents adopt as a permanent rule the proposed amendment of sections 3.8, 3.9  and 3.15 of the Rules of the Board of Regents?

 

Reason(s) for Consideration

 

     Implementation of Regents policy.

 

Proposed Handling

 

            The proposed amendment will come before the Full Board at the December  Regents meeting for adoption as a permanent rule.

 

Procedural History

           

The proposed amendment was adopted by emergency action at the October Regents meeting, and is now being proposed for adoption as a permanent rule.

 

 

Background Information

 

The proposed amendment is necessary to conform the Regents Rules to changes in the internal organization of the State Education Department, regarding the elimination of the position of Chief Operating Officer. 

 

A Notice of Proposed Rule Making was published in the State Register on October 5, 2005.

 

Recommendation

 

It is recommend that the Board of Regents take the following action:

 

VOTED: That sections 3.8, 3.9 and 3.15 of the Rules of the Board of Regents be amended, as submitted, effective December 29, 2005.

 

Timetable for Implementation

 

            The emergency adoption became effective on October 11, 2005.  The permanent adoption will become effective on December 29, 2005. 


AMENDMENT OF THE RULES OF THE BOARD OF REGENTS

Pursuant to Education Law sections 101 and 305

1.  Section 3.8 of the Rules of the Board of Regents is amended, effective December 29, 2005, as follows:

3.8  [Chief operating officer, counsel] Counsel and other personnel. 

(a)  There shall be [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 counsel shall be the deputy commissioner of education as specified in section 101 of the Education Law.  In the absence or disability of the commissioner or when a vacancy exists in the office of commissioner, the counsel 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 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.]

[(d)]  (c)  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 December 29, 2005, as follows:

3.9  Appointments. 

The commissioner shall appoint all officers and employees of the department.  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.

3.  Section 3.15 of the Rules of the Board of Regents is amended, effective December 29, 2005, as follows:

3.15  Authorization to execute contracts. 

(a)  The following persons only are authorized to execute contracts on behalf of the State Education Department:

(1)  Commissioner of Education;

[(2)  Chief Operating Officer;]

[(3)] (2)  Counsel and Deputy Commissioner for Legal Affairs;

[(4)] (3)  Deputy Counsel; and

[(5)] (4)  Assistant Counsel.

(b)  .   .   .