Section 14.1. NON-INSTRUCTIONAL STAFF - DEFINITION AND DUTIES.

The non-instructional staff shall consist of all positions in the classified civil service of New York City, classified under one of the four jurisdictional classes - exempt, competitive, non-competitive, and labor - and shall be comprised of the following:

1. The administrative staff shall consist of all employees in the classified service whose duties and responsibilities are primarily of a managerial, clerical, secretarial, professional or semi-professional nature.

2. The buildings and grounds staff shall consist of all employees in the classified service whose duties and responsibilities involve primarily the maintenance and operation of physical facilities. It shall include those engaged in the skilled trades, those whose primary function is the operation of vehicles, those who serve as watchman or attendant and those who perform duties primarily of a physical nature. It shall not include those employees responsible primarily for administrative direction, management and clerical supportive services involved in the maintenance and operation of physical facilities.

3. Office titles may be used unofficially at the direction or with the consent of the president of the college, or the person in administrative charge of a unit of the board. Office titles shall not entitle the person to extra compensation.

Section 14.2. TERMS AND CONDITIONS OF EMPLOYMENT OF NON-INSTRUCTIONAL STAFF.

Hours of employment, vacations, leaves of absence and other terms and conditions of employment for members of the non-instructional staff shall be those established by law or by resolution of the board, or by appropriate collective bargaining agreements or determinations of the comptroller of the city of New York in appropriate cases.

Section 14.3. NON-INSTRUCTIONAL STAFF POSITIONS.

Qualifications:

The qualification requirements for non-instructional staff positions shall be those established by the appropriate position specification or civil service examination announcement, or standards established by the CUNY civil service commission.

Section 14.4. NON-INSTRUCTIONAL STAFF REMOVAL OR DISCIPLINE.

In cases of incompetency or misconduct, permanent members of the non-instructional staff employed in titles in the competitive class or veterans or volunteer firemen employed in titles in the non-competitive or labor class may, after a hearing, be removed or otherwise subjected to a disciplinary penalty.

Section 14.5. HEARING PROCEDURE.

1. Charges may be made by the chancellor, president, dean, principal, department chairperson, business manager, administrative head of a unit of the board, a member of the board, a committee of the board, the board itself, or any person having administrative or supervisory responsibility for the employee by filing a copy thereof with the president of the college concerned, or in the case of other board units, with the person in administrative charge of the unit who will transmit it to the chancellor. However, no removal or disciplinary action shall be commenced more than three years after the occurrence of the alleged incompetency or misconduct except in those cases where the incompetency or misconduct would, if proved in a court of appropriate jurisdiction, constitute a crime.

2. Upon the making or receiving of charges, the president or chancellor, as the case may be, shall, if he/she determines that a hearing shall be held, forthwith transmit the charges to the chairperson of the hearing committee.

3. Pending the hearing and determination of the charges the accused may be suspended with or without pay. If the suspension is without pay, the suspension shall not exceed thirty calendar days.

4. There shall be a hearing committee for each college and unit of the board which shall consist of one member who shall be the permanent chairperson and two additional members, all of whom shall be appointed by the president or chancellor, as the case may be, from among the members of the permanent staffs of the college or other board unit. The names of the members of the hearing committee for each college and board unit shall be reported in writing to the secretary of the board.

5. The hearing committee shall have the responsibility and authority to conduct the hearing, to keep a record of the hearing proceedings, to prepare a written report on the proceedings, and to make recommendations at the termination of the hearing.

6. The chairperson for the hearing committee shall have responsibility and authority as follows:
   1. He/she shall notify the accused in writing of the charges against him/her.

   2. After consultation with the other members of the hearing committee, he/she shall fix a time, not less than eight days after service for the accused to answer such charges in writing. Where personal service has been attempted and failed, notifications shall be made by registered mail to the last known address of the employee.

   3. Upon receipt of the accused's answer or it the accused defaults in answering he/she, after consultation with the other members of the hearing committee, shall fix the time and place of the hearing.

   4. He/she shall preside at the hearing.

   5. He/she shall furnish to the president of the college or in the case of other board units, the chancellor, the committee's recommendations together with copies of the hearing consisting of the charges, the answer, and the transcript.

7. The hearing shall be conducted by the hearing committee which shall have full powers of the board during the conduct of the hearing. It shall not be necessary to follow technical rules of evidence during the hearing. A duly qualified stenographer shall be called upon to keep a record of the hearing. The accused shall be entitled to be represented by counsel, to have witnesses summoned in his/her behalf, and to cross-examine witnesses in support of the charges. The burden of proving incompetency or misconduct shall be upon the person making the charges.

8. The president or chancellor, as the case may be, shall review the recommendations and record, and submit them together with his/her own recommendations to the board of trustees which shall take final action thereon.

9. If the accused is acquitted of the charges, he/she shall be restored to his/her position with full pay for the period of suspension if the suspension be without pay, less the amount of compensation which he/she may have earned in any other employment or occupation and any unemployment insurance benefits he/she may have received during the period of suspension.

10. If the employee is found guilty, the following penalties may be imposed:
    1. A reprimand.

    2. A fine not to exceed one hundred dollars to be deducted from the wages or salary of the accused.

    3. Suspension without pay for a period not to exceed two months.

    4. Demotion in grade and title.

    5. Dismissal.

    The time during which an officer or employee is suspended without pay may be considered as part of the penalty.

11. Furthermore, if the determination be adverse to the accused, a copy of the hearing record together with all subsequent actions thereon shall be forwarded to the city civil service commission. In such case, upon request of the accused or his/her representative, a copy of the transcript of the hearing shall be furnished without charge.

12. If the penalty imposed exceeds suspension without pay for more than ten days or a fine of over fifty dollars, the accused may appeal to the city civil service commission or he/she may apply to the court in accordance with the provisions of article seventy-eight of the civil practice law and rules. An appeal to the civil service commission must be filed within twenty days after receiving written notice of the decision.