New York Public Authorities Code § 3556

Merit system; merit board
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§ 3556. Merit system; merit board. 1. Policy and applicable law. (a)\nPositions in the employ of Roswell Park Cancer Institute corporation\nshall be subject to section six of article five of the Constitution of\nthe state of New York.\n  (b) Except as provided by this title and rules issued pursuant\nthereto, the corporation and its employees shall be subject to the\nprovisions of the civil service law as the same shall be amended from\ntime-to-time and employees of the corporation shall be deemed to have\nthe rights of state employees for the purposes of such provisions of the\ncivil service law.\n  2. Definitions. When used in this section:\n  (a) The term "classified service" means all positions in the\ncorporation which are not in the unclassified service.\n  (b) The term "merit board" means the committee established by\ncorporation's board of directors established by this title, which shall\nact in the capacity and fulfill the role of the "commission", "civil\nservice commission" and "municipal civil service commission" for the\npurposes of applying the civil service law to positions in the\ncorporation.\n  (c) The term "director of classification and compensation" or\n"director" means the director of classification and compensation of the\nRoswell Park Cancer Institute corporation.\n  (d) The term "jurisdictional classification" means the assignment of\npositions in the classified service to the competitive, noncompetitive,\nexempt or labor classes.\n  (e) The terms "position classification", "classification",\n"reclassification", and "classify" mean grouping together under common\nand descriptive titles positions that are substantially similar in the\nessential character and scope of their duties and responsibilities and\nrequired qualifications.\n  3. Roswell Park Cancer Institute merit board. (a) Three persons, other\nthan directors, officers, employees or the president of the corporation,\nshall be selected by majority vote of the board for three-year terms and\nshall constitute the Roswell Park Cancer Institute merit board. The\nterms of the members of the merit board shall be staggered so that the\nterm of one member expires each year. The members of the merit board\nshall annually elect one of the members chairperson.\n  (b) The members of the merit board shall receive their necessary\ntravel and other expenses incurred in the performance of the duties of\nsuch office, and shall receive in addition such compensation for\nservices rendered as members of such merit board as shall be determined\nby the board of directors of the corporation by vote of a majority of\nthe directors.\n  (c) The merit board shall prescribe and amend rules and regulations\nsubject to the applicable provisions of article fourteen of the civil\nservice law, for effecting the provisions of this title and of section\nsix of article five of the Constitution of the state of New York,\nincluding but not limited to (i) rules for the jurisdictional\nclassification of offices and positions in the classified service of the\ncorporation; (ii) rules for examinations, appointments, promotions,\ntransfers, leaves of absence, resignations and reinstatements; (iii)\nrules for sick leaves, vacations, time allowances and other conditions\nof employment in the classified service of the corporation; (iv) rules\nfor the hearing and determination of appeals; and (v) rules designating\npositions in the non-competitive class which are confidential or require\nthe performance of functions influencing policy.\n  (d) The merit board shall hear and determine appeals instituted by any\nperson believing himself or herself aggrieved by any action or\ndetermination of the director of classification and compensation, acting\nas such; provided, however, that no appeal shall be allowed (i) if the\naction or determination involved relates solely to matters of internal\nmanagement of the office of the director of classification and\ncompensation, or (ii) if the action or deter

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