The Honorable the Members of the Board of Regents

PROPOSED AMENDMENT OF SECTIONS 3.8, 3.9 AND 3.15 OF THE RULES OF THE BOARD OF REGENTS PURSUANT TO EDUCATION LAW SECTIONS 101 AND 305, RELATING TO THE CHIEF OPERATING OFFICER OF THE STATE EDUCATION DEPARTMENT

STATEMENT OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY ACTION

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

The recommended action is being proposed as an emergency measure because such action is necessary for the preservation of the general welfare in order to ensure that the Rules of the Board of Regents are immediately brought into conformance with changes in the Department's internal organization, relating to the elimination of the position of Chief Operating Officer, so as to ensure that appropriate Department staff may assume the duties and responsibilities formerly exercised by the Chief Operating Officer in a timely and efficient manner.

It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at their December 8-9, 2005 meeting, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act.

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 October 11, 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 October 11, 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 October 11, 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)  .   .   .