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 Full Board
FROM:	Kathy A. Ahearn
SUBJECT:	Proposed Amendment to the Rules of the Board of Regents relating to the Chief of Staff and the Counsel of the State Education Department
DATE:	October 13, 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 and 3.9 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 November Regents meeting for adoption as a permanent rule.

 

Procedural History

           

The proposed amendment was adopted by emergency action at the September 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 of Staff.  The amendment repeals provisions relating to the Chief of Staff, and designate the Counsel 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 Proposed Rule Making was published in the State Register on September 7, 2005.

 

Recommendation

 

It is recommend that the Board of 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 November 24, 2005.

 

Timetable for Implementation

 

            The emergency adoption became effective on September 13, 2005.  The permanent adoption will become effective on November 24, 2005. 

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 November 24, 2005, as follows:

§ 3.8  [Chief of staff, chief] 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] counsel 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] 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)  .   .   .

(d)  .   .   .

2.  Section 3.9 of the Rules of the Board of Regents is amended, effective November 24, 2005, as follows:

§ 3.9  Appointments. 

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