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THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
The Honorable the Members of the Board of Regents |
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FROM: |
Kathy A.
Ahearn |
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SUBJECT: |
Proposed Amendment to the Rules of the
Board of Regents relating to the Chief Operating
Officer |
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DATE: |
November 14,
2005 |
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STRATEGIC
GOAL: |
Goals 5 and
6 |
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AUTHORIZATION(S): |
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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)
. . .