Article 13: Appointments and Reappointments in the Higher Education Officer (HEO) Series

13.1 The normal appointment year for employees in the HEO series shall be July 1 through June 30.

13.2 An employee serving in a multiple‑year appointment as of July 1, 1988 pursuant to the provisions of Article 13, sections 13.2 and 13.3, of the 1984‑87 Agreement and the 1982‑84 Agreement shall continue to serve until the expiration of that appointment. Further reappointments, if granted, shall be subject to Sections 13.7, 13.8, or 13.9 below, as appropriate. Appointments made under Section 13.3b of the 1982‑84 and 1984‑87 Agreements shall continue in effect.

13.3 Employees Hired Effective September 1, 1987 or Later Who Continue to Serve in the Same HEO Series Title

Employees hired effective September 1, 1987 or later who continue to serve in the same title in the Higher Education Officer series shall be subject to the following appointment and reappointment schedule:

(a) Terms of appointment and reappointment

(b) Upon recommendation of the President and approval of the Board of Trustees, an employee who is granted a subsequent reappointment shall receive a Certificate of Continual Administrative Service. Such employee shall not be subject to annual or multiple‑year reappointments.

13.4 Employees Serving in the Higher Education Aide Title

(a) Effective January 1, 1988, no new appointments shall be made to the title Higher Education Aide (HE Aide). Effective January 1, 1993 employees in the title HE Aide shall have their titles converted to Assistant to Higher Education Officer and shall be placed on the Assistant to Higher Education Officer I salary schedule on the step equal to their current salary, or, if there is no equal salary step, then on the next higher salary step of the Assistant to HEO I salary schedule, except that employees converted from the HE Aide title who possess or thereafter attain all of the qualifications set forth in the Bylaws of The City University of New York for the position of Assistant to Higher Education Officer shall be placed on the salary step equal to their current salary, or, if there is no equal salary step, then on the next higher step of the Assistant to HEO schedule.

(b) The schedule of reappointment for all employees whose titles are converted from HE Aide to the Assistant to HEO title shall be in accordance with Section 13.7 below.

13.5 Employees Serving in a Title in the Registrar Series

(a) Effective January 1, 1988, no new appointments will be made to titles in the Registrar series, and no promotions will be made to titles in the Registrar series after January 1, 1988. An employee who has tenure in a Registrar series title shall maintain his or her title and status during satisfactory service while continuing to perform job duties consistent with the Registrar series title held. An employee in the Registrar series accruing time toward tenure shall maintain his or her title and status, subject to the regular reappointment processes and satisfactory service, while continuing to perform job duties consistent with the Registrar series title held.

Appointment to a higher‑level position with increased duties and greater responsibility shall be made to a Higher Education Officer series title. In the event the employee appointed to a HEO series title has tenure in a Registrar series title, the employee shall be placed on leave of absence from the Registrar series title. A tenured member of the Registrar series who accepts, on or after January 1, 1988, a HEO series title at a college other than the college at which he or she was awarded tenure shall retain his or her tenure in the college in which it was awarded until the effective date of the second reappointment in the HEO series title, at which time the tenure shall transfer to the new college.

(b) The first full‑year appointment of a tenured member of the Registrar series to a HEO series title shall be for a one‑year period, and the first and second reappointments shall each be for a one‑year period. A subsequent reappointment, if granted, shall be in accordance with Section 13.3b above.

(c) The schedule of appointment and reappointment for non‑tenured members of the Registrar series appointed to titles in the HEO series shall be in accordance with Section 13.8 below.

13.6 Any interruption of paid service, following a determination by the college that the demands of service permit such interruption, other than a child care leave, for any employee in a Higher Education Officer series title, of more than 60 calendar days during a period when an appointment is in effect shall break service, and the appointment effective as of the next July 1, if recommended, shall be deemed to be the employee’s first appointment under section 13.3a, provided however, that:

(a) if the interruption of paid service occurs during the first year of a multiple year appointment, the second year of the multiple year appointment shall be deemed to be the employee’s first appointment under Section 13.3a; and

(b) if the interruption of paid service occurs during the reappointment period in which the employee would normally be considered for a 13.3b appointment, then prior service shall be bridged if the duration of the interruption of paid services does not exceed six months. A full one year appointment following the return from the interruption of paid service, if granted, shall be required for consideration for a 13.3b appointment, and a subsequent reappointment, if granted, shall be in accordance with Section 13.3b above.

13.7 Employees Serving Prior to June 30, 1988 in a Single Title

Effective July 1, 1988, employees with at least one full year of continuous full‑time service in a single title in the HEO series shall be subject to the following reappointment schedule upon the expiration of their current appointments:

Reappointment Periods Upon Expiration
of Current Appointment in Effect on
September 1, 1987
(To be Read Across)

13.8 Employees Appointed to a Higher Title in the HEO Series on or after September 1, 1987

When an employee with at least one full year of continuous full‑time service in a HEO, Business Manager, or Registrar series title is appointed to a higher HEO series title on or after September 1, 1987, the appointment and reappointment schedules, effective with the first full year appointment, shall be as follows:

Reappointment Periods
in New Titles
(To be Read Across)

13.9 Employees Appointed to a Higher Title prior to September 1, 1987

Effective with the appointment or reappointment beginning July 1, 1988, employees with continuous full‑time service in the HEO or Business Manager series who were appointed to a higher title prior to September 1, 1987 and have served for at least one full year in the higher title shall have the following reappointment schedule applied upon the expiration of their current appointments:

Reappointment Periods Upon Expiration
of Current Appointment
(To be Read Across)

Other Provisions

13.10 When an employee in a HEO series title serving in a multiple-year appointment or in an appointment with a Certificate of Continual Administrative Service is appointed to a higher title, only a substitute may be employed in the lower title and function during the full‑year appointment and one full‑year reappointment, if any, in the higher title. In the event the employee appointed to the higher title does not receive a reappointment in the higher title he/she shall be permitted to return to the lower title with either Certificate of Continual Administrative Service status, if applicable, or for the remaining period, if any, of the multiple-year appointment in the lower title. An employee with a Certificate of Continual Administrative Service, who after serving one full year in the higher title is reappointed in that title shall have a Certificate of Continual Administrative Service in the higher title.

13.11 During the period of service in the first appointment, first reappointment, second reappointment, and third reappointment in each title in the HEO series, the provisions of Sections 9.9, 9.10, and 9.11 of the Agreement shall not apply to employees covered by this Article. If, however, an employee has been appointed to a higher title in the HEO series (or in the Business Manager series prior to January 1, 1988), and has served continuously for a total of four or more full years in these titles, the provisions of Articles 9.9, 9.10, and 9.11 shall be applicable to the employee.

For purposes of Section 13.11, continuous service in the Registrar title series, immediately preceding appointment to a HEO series title, shall be treated as if it were service in a HEO series title, except as folIows:

1. If the person has achieved tenure, the provisions of Sections 9.9, 9.10, and 9.11 shall not apply during the first appointment and first reappointment in the HEO series title;

or

2. If the person is untenured and has served continuously for a total of four or more full years, the provisions of Sections 9.9, 9.10, and 9.11 shall not apply during the first appointment in the HEO series title.

13.12. (a) An employee with a Certificate of Continual Administrative Service may be terminated after three consecutive unsatisfactory annual evaluations in three successive fiscal years (July 1‑June 30) or after three consecutive annual evaluations in three successive years in which institutional factors specified in such evaluations indicate abolition of the function performed by the individual should occur.

Annual evaluations for HEO series personnel shall state whether the evaluation is satisfactory or unsatisfactory.

(b) When a decision to terminate an employee is made under Section 13.12.a., the President or his/her designee shall advise the candidate in writing that his/her employment shall be terminated 120 calendar days from the date of such communication.

13.13 Notice of non‑reappointment shall be given on or before April 1 in respect of the first and second reappointments, except in the case of persons who assume the duties of the position on October 1 or later in which case the notice of non‑reappointment date shall be May 1. For all subsequent reappointments, employees shall be given notice of non‑reappointment on or before March 1.

Effective with the start of the 2016-2017 academic year, the notice of non-reappointment shall be given to employees on or before April 1, except that employees who first assumed their position at a given college on or after October 1 of the preceding year shall be given notice on or before May 1 (for the first reappointment only).

13.14 Partial year appointments may be made in the following circumstances:

(a) when an initial appointment is made after July 1 for a year ending June 30;

or

(b) when an employee announces a bona fide intention to retire and meets applicable conditions contained in section 3107 of the Education Law.

Appointments effective on or after July 1 but on or before September 1 shall be considered as if they were full‑year appointments for purposes of applying this article.

13.15 Except as provided in 13.5, nothing contained in this article shall abrogate or diminish the University’s right and authority to assign and/or reassign individuals in the HEO series or to discontinue employees consistent with Article 32.