STATE UNIVERSITY OF NEW YORK AT BINGHAMTON

OFFICE OF THE VICE PRESIDENT FOR ADMINISTRATION

Policy Type:
Personnel and Payroll

Policy Number:
615

Last Date Revised:
3/27/14
Policy Title:
Permanent Appointment, Professional Employees (UUP)
The following office is responsible for the accuracy of the information contained in this policy:

Human Resources


INTRODUCTION

Permanent appointment should be viewed as a positive encouragement to qualified professional employees in whom the University entrusts the future effectiveness of a wide variety of support activities.  Permanent appointment is a privilege granted by management as described in the Policies of the Board of Trustees.  The process of permanent appointment consideration provides the University with the opportunity for careful self-examination and future planning of human resources.

ELIGIBILITY

A professional employee, except one serving in a position designated as management/confidential or one serving in a professional budget title listed in Appendix A, B or C of the Policies, shall be eligible for permanent appointment upon completion of seven consecutive years of full-time University service, providing the last two or more years of such service are in the same professional budget title.  Permanent appointment shall be effective at the end of the term appointment in which the employee completes the required service and only upon approval by the Chancellor of a recommendation by the University President.

PROCEDURE

The Human Resources Office will assume responsibility for monitoring the professional employee's progression toward permanency using the SUNY HR system.  Upon hire, HR staff will enter the anticipated date of permanent appointment.  In addition, HR will change the permanency date as dictated by various transactions subsequent to appointment to ensure accuracy.  Designated staff in departments who are charged with their area's personnel responsibilities are urged to take an active part in understanding the timetable associated with required performance evaluations and permanent appointment. Currently, personnel data on professional employees is provided by HR regularly, and more frequently upon request from departments. HR will remind departments of professional employees nearing permanency consideration so as to prepare the department as needed.  Thorough and adequate performance evaluations should occur on an annual basis for all professional employees and are often the basis for decisions regarding renewal, non-renewal and permanent appointment.  It is important to understand that any considerations of non-renewal of professional employees must be discussed with the Director or the Associate Director of Human Resources WELL IN ADVANCE, and decisions should not be delayed until the seventh year of employment.  There are a variety of contractual caveats within the UUP Agreement and the Policies of the Board of Trustees, which dictate proper procedures to be followed in cases of non-renewal.  Thus, working directly with the Director is critical to assure the accomplishment of management's needs and employee rights.

The professional employee must receive one year's notice from the President prior to the end of their term appointment recommending either permanent status or non-renewal. The supervisor must begin the recommendation process for either permanent status or non-renewal no later than 60 days prior to the one year notice date to ensure the recommendation is made within the contractual requirements. The immediate supervisor must fully support and justify a recommendation for permanent appointment giving due consideration to the following factors:

1.       Does the employee exhibit the motivation, professional expertise, creativity and interpersonal skills to continue the personal growth pattern established in the past?

2.         Do the employee's past performance evaluations illustrate ability to attain established goals and objectives as described in their performance program?

3.         Has the employee demonstrated the ability and the capacity to initiate and/or respond to innovation and change in a manner which effectively serves the University?

4.         Is the employee's potential for future contributions consistent with the goals of the unit and objectives of the University?

5.         Can the University provide professional growth opportunities to meet the employee's career plans and objectives?

6.         How is the employee's contribution perceived by those with whom and for whom the employee works?

7.         How does this employee's demonstrated abilities compare with those of others available for this position?  

The immediate supervisor's letter of recommendation regarding permanent appointment should be sent, along with a thorough, complete and timely evaluation, to the Dean (for academic units) or Director (for administrative units) to Vice President of the division via the Human Resources Office.  Copies of the recommendation letter should be also sent to the employee at the time it is prepared.   Often, copies of past employee evaluations and other supportive documentation prepared by the employee and/or supervisor accompany the packet of information and the supervisor's letter.  Such supportive documentation and materials are encouraged, since the permanent appointment decision is an important one for both the employee and the University.  Once the permanency decision has been made, the department should submit the appropriate HR forms: these include the final term renewal, followed by the change in status from term to permanent upon the permanency date, as confirmed by Human Resources.

Where there is any disagreement between the immediate supervisor's recommendation and the recommendation and comments of those above the immediate supervisor, the President or President's designee may hold an informal review of the recommendation.  Such an informal review may take the form of a meeting of the parties (the immediate supervisor, the immediate supervisor's superiors, the President or the President's designee) during which the areas of disagreement should be discussed and if possible resolved.  The purpose of this review should be an attempt to reach a unanimous recommendation and/or to clarify the positions of the parties in order to assist the President with his or her final decision.   

Copies of the presidential letter will also be given to the employee and supervisor.  

Non-Renewal Recommendations  

In the event that the immediate supervisor does not recommend permanent appointment, but rather recommends non-renewal of the professional employee, as noted earlier, a meeting in this regard must be held with the Director of Human Resources or his/her designee to review procedure.  The employee must have been evaluated, based on an appropriately conceived and issued performance program, within the last year in order to substantiate non-renewal and a rating of either satisfactory or unsatisfactory may be given.  Sometimes, an employee may be performing in a satisfactory manner, but programmatic or operational needs dictate change in staffing.  In cases of non-renewal, the immediate supervisor will prepare a cover memorandum so recommending and append that to the employee evaluation.  The cover memo should be directed to the next administrative level, with copies to the employee, the Director of Human Resources, the Dean/Director of the area, the Vice President of the division and the President.  The Director of Human Resources will assure that all contractual UUP requirements and the Policies of the Board of Trustees provisions are met regarding the proposed non-renewal.  

Upon receipt of the recommendation of non-renewal, the Vice President will make his or her recommendation regarding the matter to the President, again, copying all parties listed above.  The Human Resources Office, then, acting on the President's behalf will contact the professional employee, informing them of their right to review their file as per the UUP Agreement prior to the President making his/her final decision.  Finally, after the employee has been extended their contractual rights, the President will consider the case in its totality and make his/her final decision.  The Human Resources Office will prepare the necessary correspondence on behalf of the President notifying the employee of the disposition of the case.  

Contact persons:  

Associate Director of Human Resources, 7-4939
Director of Human Resources, 7-2187

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