Section 3013. Abolition of office or position  


Latest version.
  • 1. If a trustee, board of
      trustees,  board  of  education  or  board  of  cooperative  educational
      services  abolishes  an office or position and creates another office or
      position for the performance of duties similar to those performed in the
      office or position abolished, the person filling such office or position
      at the time of its abolishment shall  be  appointed  to  the  office  or
      position thus created without reduction in salary or increment, provided
      the record of such person has been one of faithful, competent service in
      the office or position he or she has filled.
        2.  Whenever  a trustee, board of trustee, board of education or board
      of cooperative educational services  abolishes  a  position  under  this
      chapter,  the  services of the teacher having the least seniority in the
      system  within  the  tenure  of  the   position   abolished   shall   be
      discontinued.
        3.  (a) If an office or position is abolished or if it is consolidated
      with another position  without  creating  a  new  position,  the  person
      filling  such  position  at the time of its abolishment or consolidation
      shall be placed  upon  a  preferred  eligible  list  of  candidates  for
      appointment  to  a vacancy that then exists or that may thereafter occur
      in an office or position similar to the one  which  such  person  filled
      without  reduction  in  salary or increment, provided the record of such
      person has been one of faithful, competent  service  in  the  office  or
      position  he or she has filled. The persons on such preferred list shall
      be reinstated or appointed to such vacancies in  such  corresponding  or
      similar  positions in the order of their length of service in the system
      at  any  time  within  seven  years  from  the  date  of  abolition   or
      consolidation of such office or position.
        (b)  The  persons  on  such  preferred  list  shall  be reinstated, in
      accordance with the terms of paragraph (a) of this subdivision, to  such
      substitute  positions  of  five  months or more in duration, as may from
      time to time occur without losing their preferred status on  such  list.
      Declination  of  such  reinstatement  shall  not  adversely  affect  the
      persons' preferred eligibility status.