§ 3556. Merit system; merit board. 1. Policy and applicable law. (a)
Positions in the employ of Roswell Park Cancer Institute corporation
shall be subject to section six of article five of the Constitution of
the state of New York.

(b) Except as provided by this title and rules issued pursuant
thereto, the corporation and its employees shall be subject to the
provisions of the civil service law as the same shall be amended from
time-to-time and employees of the corporation shall be deemed to have
the rights of state employees for the purposes of such provisions of the
civil service law.

2. Definitions. When used in this section:

(a) The term "classified service" means all positions in the
corporation which are not in the unclassified service.

(b) The term "merit board" means the committee established by
corporation's board of directors established by this title, which shall
act in the capacity and fulfill the role of the "commission", "civil
service commission" and "municipal civil service commission" for the
purposes of applying the civil service law to positions in the
corporation.

(c) The term "director of classification and compensation" or
"director" means the director of classification and compensation of the
Roswell Park Cancer Institute corporation.

(d) The term "jurisdictional classification" means the assignment of
positions in the classified service to the competitive, noncompetitive,
exempt or labor classes.

(e) The terms "position classification", "classification",
"reclassification", and "classify" mean grouping together under common
and descriptive titles positions that are substantially similar in the
essential character and scope of their duties and responsibilities and
required qualifications.

3. Roswell Park Cancer Institute merit board. (a) Three persons, other
than directors, officers, employees or the president of the corporation,
shall be selected by majority vote of the board for three-year terms and
shall constitute the Roswell Park Cancer Institute merit board. The
terms of the members of the merit board shall be staggered so that the
term of one member expires each year. The members of the merit board
shall annually elect one of the members chairperson.

(b) The members of the merit board shall receive their necessary
travel and other expenses incurred in the performance of the duties of
such office, and shall receive in addition such compensation for
services rendered as members of such merit board as shall be determined
by the board of directors of the corporation by vote of a majority of
the directors.

(c) The merit board shall prescribe and amend rules and regulations
subject to the applicable provisions of article fourteen of the civil
service law, for effecting the provisions of this title and of section
six of article five of the Constitution of the state of New York,
including but not limited to (i) rules for the jurisdictional
classification of offices and positions in the classified service of the
corporation; (ii) rules for examinations, appointments, promotions,
transfers, leaves of absence, resignations and reinstatements; (iii)
rules for sick leaves, vacations, time allowances and other conditions
of employment in the classified service of the corporation; (iv) rules
for the hearing and determination of appeals; and (v) rules designating
positions in the non-competitive class which are confidential or require
the performance of functions influencing policy.

(d) The merit board shall hear and determine appeals instituted by any
person believing himself or herself aggrieved by any action or
determination of the director of classification and compensation, acting
as such; provided, however, that no appeal shall be allowed (i) if the
action or determination involved relates solely to matters of internal
management of the office of the director of classification and
compensation, or (ii) if the action or determination involved was
considered and approved in advance by the merit board. Any appeal
authorized by this subdivision shall be instituted by filing with the
secretary of the merit board a written notice of appeal stating the
action or determination appealed from, the grounds for the appeal, and
signed by the person or persons appealing or their representative; no
particular form of appeal shall be required. Any such appeal shall be
filed within thirty days following the appellant's receipt from the
director of classification and compensation of notice of the action or
determination to be reviewed; the merit board for good cause shown may
waive such thirty-day limitation. The merit board may make such
investigation or inquiry into the facts relative to the action or
determination appealed from as may be deemed advisable, shall afford to
the appellant and his or her representative an opportunity to be heard
in person or in writing and to present evidence and argument. The merit
board may affirm, modify or reverse such action or determination. The
merit board shall decide each appeal filed within thirty days following
the date on which the submission of facts, information and evidence is
deemed complete by the merit board. The person seeking review and his or
her representative shall be furnished a copy of the merit board's
written decision concurrently with its filing with the secretary of the
merit board. A decision of the merit board shall become final and
binding when filed with the secretary of the merit board. Review of any
such final decision shall be by a proceeding authorized by article
seventy-eight of the civil practice law and rules; any such proceeding
must be commenced within four months after the determination to be
reviewed becomes final and binding.

(e) Before adopting any rule the merit board shall publish notice of
the proposed rule no later than thirty days prior to the proposed
effective date of such rule and shall afford an opportunity to any
interested person to comment on the proposed rule.

(i) Publication of notice of proposed rule-making shall be
accomplished by posting a copy on the main bulletin board of the
corporation, by serving a copy of the notice by certified mail return
receipt requested upon the designated representative of any employee
union recognized to represent employees of the corporation and by
mailing the copy of the notice to the temporary president of the senate
and the speaker of the assembly; publication shall be complete upon the
posting and mailing. Notice made pursuant to this subparagraph shall be
deemed to be in compliance with the notice requirements prescribed in
section one hundred one-a of the executive law.

(ii) A notice of proposed rule-making shall contain the complete text
of the proposed rule, and the last date upon which the merit board will
receive comment upon the proposed rule; provided, however, that if the
text of the proposed rule exceeds two thousand words the notice shall
contain only a description of the subject, purpose and substance of such
rule, and shall state from what person the complete text may be
obtained.

(iii) The last date for submission of comments upon a proposed rule
shall be not less than twenty days following the publication of notice
of proposed rule-making.

(iv) The merit board may receive comments on a proposed rule in
writing or, in an appropriate case, may conduct a hearing upon the
proposed rule.

(v) Any rule adopted by the merit board shall take effect when signed
by the chairperson of the merit board and filed with the secretary of
the corporation. Notice of adoption of a rule shall be published
concurrently with its adoption in the same manner as the notice of
proposed rule-making.

(vi) In the exercise of its rule-making authority the merit board
shall not be subject to the provisions of the state administrative
procedure act.

(f) The secretary of the corporation shall be the secretary to the
merit board and shall serve ex officio without vote. The secretary shall
maintain minutes of the meetings of the merit board and shall maintain
complete copies of the rules adopted by the merit board. Such minutes
and rules shall be open to public inspection and copying during all
ordinary business hours of the corporation in accordance with the
applicable provisions of article six of the public officers law.

(g) The merit board shall, subject to the provisions of article seven
of the public officers law, meet annually at the offices of the
corporation, and shall hold such other meetings at such places within
the state as may be required. A majority of the members of the merit
board shall constitute a quorum.

4. Director of classification and compensation. (a) The director of
classification and compensation of the corporation shall be in the
competitive class of the classified service appointed by the president
of the corporation. The director of classification and compensation
shall not be a part of the office of human resources of the corporation.

(b) The director of classification and compensation shall be charged
with the duty and shall have the power, subject to appeal to the merit
board:

(i) to classify and reclassify all positions in the classified service
of the corporation; and

(ii) to allocate and reallocate to an appropriate salary grade all
positions in the competitive, noncompetitive and labor classes of the
classified service of the corporation including temporary and seasonal
positions; provided that notwithstanding any inconsistent provisions of
section one hundred thirty of the civil service law, employees of the
corporation in the classified service of the corporation shall also be
deemed to be in the classified civil service of the state of New York
for purposes of section one hundred thirty of the civil service law.

(c) The principle of fair and equal pay for similar work shall be
followed in the classification and reclassification and the allocation
and reallocation of positions pursuant to this section and all positions
having the same title shall be allocated to the same salary grade.

(d) The director of classification and compensation shall also have
the following powers and duties:

(i) To ascertain and record the duties and responsibilities of all
positions in the classified service of the corporation, establish
adequate specifications showing the qualifications for and the nature
and extent and scope of the duties and responsibilities of such
positions, and assign uniform titles to positions that are so
substantially similar in the essential character and scope of their
duties and responsibilities and in the qualification requirements
thereof that the same descriptive title may be used to designate them;
that the same qualifications for appointment thereto may be reasonably
required; that the same tests of fitness may be established, and that
the same rate of compensation may be reasonably applied;

(ii) To investigate all matters affecting the classification and
compensation of positions, to hear and determine all complaints and
grievances with respect to the classification and compensation of
positions, and from time to time to review the duties, responsibilities,
qualification requirements and compensation of positions and to make
such revisions in the classification or compensation of positions as
changes in the service of the corporation may require;

(iii) To afford to any person aggrieved by the classification or
allocation of a position a reasonable opportunity to present facts in
support of or in relation to such classification or allocation, at a
time and in such manner as may be specified by the director, and to
render and furnish to the person aggrieved a written decision thereon.

(e) Any classification or reclassification of a position and any
allocation or reallocation of a position to a salary grade made by the
director pursuant to this section shall become effective on the date
approved by the president of the corporation.

5. Authority to use services of New York state department of civil
service. The merit board or the director may request of the New York
state department of civil service technical advice and assistance in the
administration of the provisions of this title for consideration,
including but not limited to the preparation and administration of
examinations, and in the absence of an eligible list of the corporation,
may request the New York state department of civil service to furnish it
with the names of persons on an appropriate eligible list. The merit
board or the director shall provide such department with any information
necessary to effectuate the provisions of this section.

6. Classes of position established. The classified service of the
corporation shall comprise all offices and positions not included in the
unclassified service. The offices and positions in the classified
service of the corporation shall be divided into four classes designated
as the exempt class, the non-competitive class, the competitive class,
and the labor class.

(a) The exempt class shall consist of such positions and offices which
the merit board shall determine to be impracticable to fill by
competitive or non-competitive examination.

(b) The non-competitive class shall include all positions that are not
in the exempt class or labor class and for which it is found by the
merit board to be not practicable to ascertain the merit and fitness of
applicants by competitive examination.

(c) The labor class shall comprise all unskilled laborers in the
service of the corporation.

(d) The competitive class shall include all positions for which it is
found by the merit board to be practicable to determine the merit and
fitness of applicants by competitive examination, and shall include all
positions in the classified service of the corporation except such
positions as are in the exempt class, the non-competitive class or the
labor class.

7. Examinations. (a) The merit and fitness of applicants for positions
which are classified in the competitive class shall be ascertained by
such examinations as may be prescribed by the merit board. The merit
board shall issue an announcement of each competitive examination or
promotional examination, setting forth the minimum qualifications
required, the subjects of the examination, and such other information as
they may deem necessary, and shall advertise such examination in such
manner as the nature of the examination may require.

(b) The merit board, acting by the director, shall require prospective
applicants to file during a prescribed time a formal application in
which the applicant shall state such information as may reasonably be
required, touching upon the applicant's background, experience and
qualifications for the position sought and his or her merit and fitness
for service. The application shall be subscribed by the applicant and
shall contain an affirmation by the applicant that the statements
therein are true under the penalties of perjury. Application forms shall
be furnished without charge to all persons requesting them.

8. Abolition of positions; demotion. (a) Where, because of economy,
consolidation or abolition of functions, curtailment of activities or
otherwise, positions in the competitive class of service of the
corporation are abolished or reduced in rank or salary grade, suspension
or demotion as the case may be among incumbents holding the same or
similar positions within the same jurisdictional classification shall be
made in the inverse order of original appointment on a permanent basis
in the grade or title; provided, however, that upon the abolition or
reduction of positions in the competitive class of service of the
corporation incumbents holding the same or similar positions within the
same jurisdictional classification who have not completed their
probationary service shall be suspended or demoted as the case may be
before any permanent incumbents, and among such probationary employees
the order of suspension or demotion shall be determined as if such
employees were permanent incumbents.

(b) Where, because of economy, consolidation or abolition of
functions, curtailment of activities or otherwise, positions in the
non-competitive class of service of the corporation are abolished or
reduced in rank or salary grade, suspension or demotion as the case may
be among incumbents holding the same or similar positions within the
same jurisdictional classification shall be made in the inverse order of
original appointment on a permanent basis in the grade or title;
provided, however, that upon the abolition or reduction of positions in
the non-competitive class of service of the corporation incumbents
holding the same or similar positions within the same jurisdictional
classification who have not completed their probationary service shall
be suspended or demoted as the case may be before any permanent
incumbents, and among such probationary employees the order of
suspension or demotion shall be determined as if such employees were
permanent incumbents.

(c) Upon the abolition or reduction of positions in the service of the
corporation, suspension or demotion shall be made from among employees
holding the same or similar positions within the same jurisdictional
classification in the entirety of the corporation.

(d) In any case where an employee of the corporation is suspended or
demoted because of economy, consolidation or abolition of functions,
curtailment of activities or otherwise, the director of classification
and compensation shall, upon such suspension or demotion, furnish to the
merit board a statement showing the employee's name, title or position,
date of appointment and the date of and reason for suspension or
demotion. The merit board shall place the name of such employee upon a
preferred list together with others who may have been suspended or
demoted from the same or similar positions in the same jurisdictional
class in the service of the corporation, and shall certify such list for
filling vacancies in the same jurisdictional class, first, in the same
or similar position, second, in any position in a lower grade in line of
promotion, and third, in any comparable position.

(e) For purposes of the civil service law, the date of original
appointment of employees of the corporation shall be the date of
original appointment on a permanent basis in the classified service of
the corporation; except that for those employees who transfer from state
service to the service of the corporation pursuant to section
thirty-five hundred fifty-seven of this title, the date of original
appointment shall be the date of original appointment on a permanent
basis in the civil service of the state of New York.

9. Notwithstanding any inconsistent provision of section eighty-one of
the civil service law, employees of the state who transfer to the
corporation pursuant to subdivision one of section thirty-five hundred
fifty-seven of this title shall be considered to be state employees
under the jurisdiction of the state civil service commission for
purposes of placement on and employment from preferred lists established
by the state civil service commission.

10. Notwithstanding any inconsistent provisions of sections
eighty-one-a and eighty-one-b of the civil service law, employees of the
state who transfer to the corporation pursuant to subdivision one of
section thirty-five hundred fifty-seven of this title shall be
considered to be state employees for purposes of placement upon and
employment from reemployment rosters pursuant to section eighty-one-a of
the civil service law and for purposes of placement upon and employment
from placement rosters pursuant to section eighty-one-b of the civil
service law.

11. Reemployment rosters within the corporation. (a) Where an employee
is to be suspended or demoted in accordance with subdivision eight of
this section, the president of the corporation shall, upon such
employee's suspension or demotion place the name of such employee upon a
reemployment roster for filling vacancies in any comparable position as
determined by the director of classification and compensation, except
that employees suspended or demoted from positions in the
non-competitive and labor classes may not be certified to fill vacancies
in the competitive class. Such reemployment roster shall be certified
for filling a vacancy in any such position before certification is made
from any other list, including a promotion eligible list, but not prior
to a preferred list. Eligibility for reinstatement of a person whose
name appears on any such reemployment roster shall not continue for a
period longer than four years from the date of suspension or demotion
provided, however, in no event shall eligibility for reinstatement from
a reemployment roster continue once the person is no longer eligible for
reinstatement from a preferred list.

(b) The names of persons on a reemployment roster shall be certified
therefrom with equal ranking for reinstatement.

(c) All reinstatements from a reemployment roster shall require
completion of a probationary term in accordance with rules promulgated
by the merit board pursuant to subdivision two of section sixty-three of
the civil service law.

(d) The merit board shall adopt rules providing for the relinquishment
of eligibility for reinstatement upon reinstatement or upon failure or
refusal to accept reinstatement from a preferred list or a reemployment
roster.

(e) Notwithstanding any other provision of this title, the corporation
may disqualify for reinstatement and remove from a reemployment roster
the name of any otherwise eligible person who, by reason of physical or
mental incapacity, is found to be unable to satisfactorily perform the
duties of the position for which such roster has been established, or
who has engaged in such misconduct as would warrant their dismissal from
public employment, except that a person who is not completely physically
incapacitated and who is suspended or demoted pursuant to section eighty
of the civil service law because their position has been abolished or
reduced, but who is certified for reinstatement to any position having
the same physical requirements as the position from which such person
was suspended or demoted, shall not be disqualified because of their
incapacity, unless upon medical examination their incapacity has
worsened to a degree that they would not be able to satisfactorily
perform in such position. No person shall be disqualified pursuant to
this subdivision unless they are first given a written statement of the
reasons therefor and an opportunity to be heard at a hearing at which
satisfactory proof of such reasons must be established by appropriate
evidence, and at which such person may present independent evidence and
be entitled to representation by counsel. The corporation shall
designate a person to hold such hearing and report thereon.

(f) Notwithstanding any other provision of this title, any person may
voluntarily remove his or her name from a reemployment roster by
application to the corporation.

12. Placement rosters within the corporation. (a) Where an employee is
to be suspended or demoted in accordance with subdivision eight of this
section, the president of the corporation shall, upon such employee's
suspension or demotion place the name of such employee upon a
reemployment roster for filling vacancies in any comparable position as
determined by the director of classification and compensation except
that employees suspended or demoted from position in the non-competitive
and labor classes may not be certified to fill vacancies in the
competitive class. Such placement roster shall be certified for filling
a vacancy in any such position before certification is made from any
other list, including a promotion eligible list, but not prior to a
preferred list or a reemployment roster. Eligibility for appointment of
an employee whose name appears on any such placement roster shall
terminate at such time as the employee is suspended or demoted in
accordance with the provisions of subdivision eight of this section.
Upon such employee's suspension or demotion, the corporation shall place
the name of such employee upon a preferred list, and a reemployment
roster as appropriate, in accordance with the provisions of subdivision
eight of this section.

(b) The names of employees on a placement roster shall be certified
therefrom with equal ranking for appointment.

(c) All appointments from a placement roster shall require completion
of a probationary term in accordance with rules promulgated by the civil
service commission pursuant to subdivision two of section sixty-three of
the civil service law.

(d) The merit board shall adopt rules providing for the relinquishment
of eligibility for appointment upon appointment or upon failure or
refusal to accept appointment from a placement roster.

(e) Notwithstanding any other provision of this title, any employee
may voluntarily remove his or her name from a placement roster by
application to the corporation.

13. Establishment of redeployment lists in the corporation; general
provisions. (a) Notwithstanding any inconsistent provision of section
seventy-nine of the civil service law, where, and to the extent that an
agreement between the state and an employee organization entered into
pursuant to article fourteen of the civil service law so provides,
employees of the corporation shall be considered to be employees in
state service for purposes of primary and secondary redeployment
pursuant to section seventy-nine of the civil service law and the
applicable collective bargaining agreement.

(b) Where, an employee in the corporation is to be suspended or
demoted in accordance with the provisions of subdivision eight of this
section by reason of the corporation's exercise of its right to contract
out for goods and services, and receipt of the information required
pursuant to subdivision eleven of this section for purposes of
establishing reemployment rosters, at least ninety days prior to the
suspension or demotion of an affected employee, the corporation shall
place the name of the employee upon a redeployment list. Such
redeployment list shall be certified for filling positions in the same
title or in any comparable title, as determined by the director of
classification and compensation, before certification is made from any
other eligible list, placement roster, reemployment roster or preferred
list.

(c) The names of persons on a redeployment list shall be certified
therefrom for appointment in the order of their original appointments,
in accordance with the provisions of paragraph (e) of subdivision eight
of this section.

(d) A person appointed from a redeployment list shall receive at least
the same salary such person was receiving in the position from which he
or she is to be or has been suspended or demoted.

(e) Probationers who are appointed from a redeployment list to a
position in the same title will be required to complete their
probationary term. Employees who are appointed from a redeployment list
to a position in a comparable title shall be required to complete a
probationary term in accordance with the rules promulgated by the merit
board pursuant to subdivision two of section sixty-three of the civil
service law.

(f) Eligibility for appointment of an employee whose name appears on a
redeployment list shall terminate at such time as the employee is
redeployed pursuant to the provisions of this section to a position in
the same salary grade as the position from which they have been
suspended or demoted, or has exercised their reemployment rights
pursuant to the provisions of section eighty-one or eighty-one-a of the
civil service law, provided, however, that eligibility for appointment
shall terminate no later than six months following the suspension or
demotion of such employee in accordance with the provisions of section
eighty of the civil service law. Upon such employee's suspension or
demotion, the corporation shall place the name of such employee upon a
preferred list, and a reemployment roster, as appropriate, in accordance
with the provisions of subdivision eight of this section.

(g) Notwithstanding any other provision of this chapter, any employee
may voluntarily remove his or her name from a redeployment list by
application to the corporation.

(h) (1) In the event the corporation determines, in accordance with
the provisions of paragraph (b) of this subdivision, that there are no
positions in the same title or any comparable title to which an employee
to be suspended or demoted by reason of the state's exercise of its
right to contract out for goods and services can be redeployed, the
corporation may place the name of such employee on a special
reemployment roster, for filling positions in titles for which the
employee meets the essential tests and qualifications. Such special
reemployment roster may be certified immediately upon the employee's
placement on the roster for filling a position before certification is
made from any other eligible list, including a promotion eligible list,
but not prior to a redeployment list or preferred list.

(2) Eligibility for appointment of an employee whose name appears on a
special reemployment roster shall not continue for a period longer than
four years from the date of suspension or demotion, provided, however,
that eligibility for appointment of an employee whose name appears on
any such special reemployment roster shall terminate at such time as the
employee is redeployed pursuant to the provisions of this section and,
in no event, shall eligibility for appointment from a special
reemployment roster continue once the employee is no longer eligible for
reinstatement from a preferred list.

(3) Employees placed on a special reemployment roster in accordance
with the provisions of this section, shall have all the rights and
privileges provided employees placed on reemployment rosters in
accordance with subdivision eleven of this section.

(i) The merit board shall adopt rules for carrying into effect the
provisions of this section, including rules providing for the
relinquishment of eligibility for appointment upon appointment or upon
failure or refusal to accept appointment from a redeployment list.
Additionally, notwithstanding any inconsistent provision of law, rule,
or regulation, an agreement between the corporation and an employee
organization recognized or certified pursuant to article fourteen of the
civil service law can provide employment security rights and benefits
where the state has exercised its right to contract out for goods and
services. The merit board upon receipt of a written request of the
director of the corporation is authorized to implement provisions of
such agreement consistent with the terms thereof and, to the extent
necessary, may adopt rules and regulations providing for the benefits to
be thereunder provided. The merit board, with the approval of the
president of the corporation, may extend such benefits in whole or in
part, to corporation employees excluded from collective negotiating
units.