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Labor & Employment Law

: New York Public Personnel Law

New rules for reporting the ?standard work day? of elected and appointed officers proposed

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New rules for reporting the ?standard work day? of elected and appointed officers proposed
Source: State Reporter -- October 15, 2008, I.D. No. AAC-42-08-00002-P

The State Comptroller is proposing to amend regulations [2 NYCRR 315.4 et seq.] that would set out ?additional reporting requirements" for elected and appointed officials with respect to "the service, salary and deductions information" for all member-employees of employers that participate in the New York State Employees' Retirement System and the New York State Police and Fire Retirement System.

The key elements of the proposed regulation as amended:

At each reorganization meeting held on or after January 1, 2009, the governing board of the participating employer is to adopt a resolution setting out the standard work day for each elective or appointive office.

In the event the participating employer does not maintain daily time records for an elective or appointive office, the officer is required to keep a record of activities for a period of three consecutive months and submit it to the governing board.

The participating employer is to maintain a copy of the record of activities for a period of ten years.

Based upon the previously established standard work day and the record of activities, the governing board shall then authorize, by resolution, the maximum total number of days per month to be reported for the official.

Finally, the amendment would require:

1. the submission of the record of activities by the member;

2. the public posting of the resolutions on the employer's website or other public place; and

3. the filing of certified copies with the Comptroller;

all within established time periods.

Failure to satisfy these requirements would result in the suspension of service crediting and retirement system membership benefits for the official.

Text of proposed rule and any required statements may be obtained from and data, views or arguments may be submitted to: Jamie Elacqua, Office of the State Comptroller, 110 State St., Albany, NY 12236, (518) 474-9024, email: JElacqua@osc.state.ny.us

Public comment will be received until 45 days after publication in the State Reporter. [Published in the State Reporter on October 15, 2008]

Full post as published by New York Public Personnel Law on October 16, 2008 (boomark / email).

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