MEMORANDUM OF UNDERSTANDING ON CONTRACTING OUT

ARTICLE A. REDEPLOYMENT CONSIDERATION: PROCESS AND PROCEDURES

The process and procedures contained herein were developed to support the provisions of Article 36 regarding the redeployment of employees affected by the State's right to contract out for goods and/or services. It is the State's intent to redeploy employees to the maximum extent possible in instances where positions will be eliminated as a result of the contracting out for goods and/or services. All campuses will work cooperatively to ensure that every opportunity to redeploy is explored. Employees will be flexible in considering redeployment alternatives.

Section 1. Definitions

§1.1 An "affected employee" or an "employee affected" by contracting out shall mean a current employee whose position will be eliminated as a result of the State's exercise of its right to contract out for goods and/or services provided by that position. An "affected employee" or "an employee affected" is also the least senior employee displaced in accordance with Section 3.2 (f) of Article A of this Memorandum of Understanding.

Employees subjected to the following actions shall not be regarded as affected employees or employees affected by contracting out:

1. Termination of employees serving on temporary or probationary appointments, which may be terminated at any time in accordance with the provisions of Article XI of the Policies of the Board of Trustees.

2. Non-renewal of term appointees where the RFP is issued after the last date on which the notice of non-renewal is required to be issued under Article 32 (Notice of Non Renewal) of the Agreement.

3. Termination of employees pursuant to Article 19 (Disciplinary Procedures) of the Agreement.

4. Termination of employees due to mental or physical incapacity pursuant to Article XV of the Policies of the Board of Trustees.

5. Discontinuation from service under Sections 23.8 (a) and (b) of the Agreement.

6. Employees deemed to have resigned under Section 23.10 of the Agreement.

7. Termination of employees pursuant to Article 35 of the Agreement, unless a Request for Proposal for contracting out of the specific position
   occupied by an employee is issued within the recommended period of notice of retrenchment as set forth in Article 35 of the Agreement.

§1.2 A "fillable vacancy" is a vacant position that the campus has decided to fill, subject to available funding.

§1.3 An "employee separates from employment" when an employee voluntarily resigns employment with the State University or when employment with the State University ceases in accordance with Article A of this Memorandum of Understanding.

§1.4 The term "same position" shall mean a position that is equivalent in its content, duties, responsibilities, requirements and obligations as the position which had been held by the affected employee at the time a Request for Proposal for contracting out was issued.

The determination of whether a position in the same job title is the "same position" for purposes of this Memorandum of Understanding shall be based upon an examination of the employee's most recent position description and performance program as compared to the most recent position description and performance program for the position vacancy under review. In the event the vacancy under review is a new or substantially modified position, such comparison shall be with the new position description and proposed performance program.

§1.5 An employee "meets the qualifications" of the position when:

1. an employee meets the campus' requirements, including but not limited to, educational degree attainment, professional certification, and/or licensure for a particular position, and

2. an employee has the ability as determined by the campus, to perform the content, duties, responsibilities, requirements, and obligations of a position as a result of the employee's job experience, education, and training.

§1.6 The "date a Request for Proposal for contracting out is issued" shall, for all purposes, be regarded as the date a copy of the Request for Proposal is received by UUP. Such copy to UUP shall be transmitted by certified or registered mail, return receipt requested, or by personal service at the time it is sent to potential contractors. Upon personal service, the recipient of such documents, upon request, shall acknowledge, in writing, the receipt thereof. Proof of personal service shall specify the person who was served and the date, place and manner of service.

Concurrent written notification shall be provided by the campus to employees whose positions are likely to be contracted out under such Request for Proposal.

Section 2. Redeployment List Procedures: General Provisions

§2.1 This section shall apply to the following categories of employees who are affected by contracting out:

1. Professional employees with permanent appointments;

2. Professional employees in titles listed in Appendix A to Article XI of the Policies of the Board of Trustees who are serving in five year term appointments;

3. Academic term employees with three or more years consecutive service;

4. Professional term employees with three or more years consecutive service; and

5. Employees who receive notice of non-renewal following first redeployment.

§2.2 Employees in the above listed categories shall be placed on a redeployment list and shall remain on such list until one of the following occurs:

1. the employee is appointed to a position;

2. the employee is removed from a redeployment list in accordance with the provisions of Article A of this Memorandum of Understanding; or

3. the employee separates from employment.

§2.3 Where a fillable vacancy exists and an employee on a redeployment list meets the qualifications for that vacancy, the campus shall offer the position to the employee. In the event that more than one employee meets the qualifications for the position, the campus shall offer the position to the employee who the campus, in its discretion, deems most qualified. However, in such instances, qualified professional employees holding permanent appointments shall be offered positions before professional employees holding term appointments. If the employee deemed most qualified declines the offer, the campus shall offer the position to the next employee who the campus, in its discretion, deems most qualified. The campus may fill the vacancy through other means where no one on a redeployment list meets the qualifications for a vacancy, or where all employees on a redeployment list who were deemed qualified decline offers. Academic employees on term appointments shall be considered for any fillable academic vacancy. Professional employees shall be considered for any fillable professional vacancy.

§2.4 Offers of redeployment shall be in writing and must be accepted in writing within ten working days after receipt of such offer by the employee. An employee who accepts an offer of redeployment shall be appointed to such position. In the event that the position the employee is offered is over 50 miles from either the employee's residence or the work site at the contracting out campus, the employee may decline the offer and remain on a redeployment list until appointed to a position or otherwise separated from employment, whichever occurs first. In the event that the position the employee is offered is 50 miles or less from either the employee's residence or the work site at the contracting out campus, the employee who declines such offer or fails to accept such offer in writing within ten working days shall be removed from a redeployment list and no further redeployment consideration shall be accorded such employee. However, upon expiration of an affected employee's right to remain employed at the contracting out campus as set forth in Sections 3.1, 4.2 (a), or 4.3 (a) of Article A of the Memorandum of Understanding, as appropriate to the employee's term or permanent appointment status, such employee may elect one of the transition benefits in accordance with Article 36.2 of the Agreement.

Section 3. Professional Employees with Permanent Appointments and Professional Employees in Titles Listed in Appendix A to Article XI of the Policies of the Board of Trustees who are Serving in Five Year Term Appointments

§3.1 A professional employee with a permanent appointment, or a professional employee in a title listed in Appendix A to Article XI of the Policies of the Board of Trustees who is serving in a five year term appointment, shall have the right to remain employed at the contracting out campus and shall continue to receive the same basic annual salary for a period of two years from the date the Request for Proposal for contracting out is issued. In addition, these employees shall have the following rights and/or entitlements:

1. The right to be placed on a redeployment list in accordance with Section 2 of Article A of this Memorandum of Understanding.

2. An entitlement to displace the least senior employee in the same job title performing the same position at the contracting out campus in accordance with Section 3.2 of Article A of this Memorandum of Understanding.

3. An entitlement to the same position at the contracting out campus in accordance with Section 3.3 of Article A of this Memorandum of Understanding.

4. An entitlement to the same position at any campus in accordance with Section 3.4 of Article A of this Memorandum of Understanding.

5. Additional rights in accordance with Section 3.5 of Article A of this Memorandum of Understanding if redeployed in a different position at the same campus.

6. Eligibility to be offered a President's Discretionary Redeployment Leave in accordance with Section 6.5 of Article A of this Memorandum of Understanding.

7. In any event, all the above listed rights and entitlements shall cease two years from the date the Request for Proposal for contracting out is issued, unless otherwise specified in Article A of this Memorandum of Understanding.

&§3.2 Using the inverse order of appointment within each affected group of employees as set forth in Article 35.2 (a) and (b) of the Agreement, an employee shall be entitled to displace the least senior employee in the same job title performing the same position at the contracting out campus. Where an employee is entitled to displace as set forth herein, the following shall apply:

1. An employee with permanent appointment redeployed to the same position at the same campus shall retain permanent appointment.

2. An employee in a title listed in Appendix A of Article XI of the Policies of the Board of Trustees who is serving in a five year term appointment, redeployed in the same position at the same campus, shall retain the balance of the employee's term appointment at the time of redeployment or shall receive a two year term appointment, whichever is longer.

3. An employee redeployed under this provision shall continue to receive the same basic annual salary that such employee was receiving immediately prior to the time of redeployment. In the event such basic annual salary exceeds the normal maximum of the salary level for the professional title in which the employee is redeployed, such employee shall be ineligible for any general salary increases until such time the employee's basic annual salary is equal to or less than the normal maximum of the salary level for the employee's professional title.

4. Notice of right to displace shall be provided by the contracting out campus in writing to the employee. Following the employee's receipt of such notice, the employee shall have ten working days to accept or decline, in writing, such right of displacement.

5. In the event an employee declines to displace the least senior employee or fails to accept in writing within ten working days, such employee shall have no further displacement right, but shall be placed on a redeployment list in accordance with Section 2 of Article A of this Memorandum of Understanding and shall be subject to the provisions thereof.

6. The least senior employee displaced as a consequence of this provision shall be considered the affected employee for purposes of Article 36 of the Agreement and this Memorandum of Understanding.

§3.3 An employee shall be entitled to be redeployed to the same position at the same campus, where a fillable vacancy exists. Such redeployment shall be in accordance with Section 2 of Article A of this Memorandum of Understanding. Where an employee is redeployed to the same position at the same campus, the following shall apply:

1. An employee with permanent appointment redeployed to the same position at the same campus shall retain permanent appointment.

2. An employee in a title listed in Appendix A of Article XI of the Policies of the Board of Trustees who is serving in a five year term appointment, redeployed to the same position at the same campus, shall retain the balance of the employee's term appointment at the time of redeployment or shall receive a two year term appointment, whichever is longer.

3. An employee redeployed under this provision shall continue to receive the same basic annual salary that such employee was receiving immediately prior to the time of redeployment. In the event such basic annual salary exceeds the normal maximum of the salary level for the professional title in which the employee is redeployed, such employee shall be ineligible for any general salary increases until such time the employee's basic annual salary is equal to or less than the normal maximum of the salary level for the employee's professional title.

4. Notice of right to a fillable vacancy shall be provided by the contracting out campus in writing to the employee. Following the employee's receipt of such notice, the employee shall have ten working days to accept or decline, in writing, such fillable vacancy.

5. In the event an employee declines the fillable vacancy or fails to accept in writing within ten working days, such employee shall be placed on a redeployment list in accordance with Section 2 of Article A of this Memorandum of Understanding and shall be subject to the provisions thereof.

§3.4 An employee shall be entitled to be redeployed to the same position at any campus, where a fillable vacancy exists. Such redeployment shall be in accordance with Section 2 of Article A of this Memorandum of Understanding. Where an employee is redeployed to the same position at any campus, the following shall apply:

1. Such employee shall receive a one year term appointment at the new campus.

2. Upon the employee's completion of six months service in the position, the employee shall be notified that: (i) upon expiration of the initial one year term appointment, a two year term appointment shall be granted; or (ii) the employee's current term appointment shall not be renewed following its expiration.

3. In the event of non-renewal, the employee may elect one of the transition benefits in accordance with Article 36.2 of the Agreement.

4. An employee granted the subsequent two year term appointment shall receive a review for permanent appointment, or a five year term appointment, as may be appropriate, prior to expiration of that appointment. Written notice that a permanent appointment shall be recommended, or that a five year term appointment will be granted, or that a term appointment is not to be renewed following its expiration is to be given to the employee by the College President or designee not less than one year prior to the end of the two year term appointment.

5. Any further employment in a position where permanent appointment may be granted may only be on the basis of a permanent appointment, after completion of three consecutive years of service in such position.

6. Transition benefits in accordance with Article 36.2 of the Agreement shall not be applicable where an employee on a two year term appointment is non-renewed.

7. An employee redeployed under this provision shall continue to receive the same basic annual salary that such employee was receiving immediately prior to the time of redeployment, but in no event shall such basic annual salary exceed the normal maximum of the salary level for the professional title in which the employee is redeployed.

8. In all events, the employee shall retain the right to return to employment at the contracting out campus and continue to receive the same basic annual salary for any portion of the two year period referred to in Section 3.1 above, which may be remaining at the effective date of non-renewal.

§3.5 If as a result of redeployment in accordance with Section 2 of Article A of this Memorandum of Understanding, an employee is offered a different position at the same campus, the following shall apply:

1. Such employee shall receive an initial one year term appointment at the contracting out campus with a review for permanent appointment, or a five year term appointment, as may be appropriate, prior to the expiration of that appointment.

2. The employee appointed from a redeployment list shall receive the basic annual salary and title as listed in the vacancy announcement prepared by the campus.

3. Upon the employee's completion of six months service, the employee shall be notified in writing by the College President or designee that permanent appointment shall be recommended or that a five year term appointment will be granted, upon expiration of the initial one year term appointment, or a notice of non-renewal shall be issued.

4. Non-renewal shall be effective upon completion of the initial one year term appointment and the employee may elect one of the transition benefits in accordance with Article 36.2 of the Agreement.

5. In all events, the employee shall have the right to remain employed at the contracting out campus and continue to receive the same basic annual salary for any portion of the two year period referred to in Section 3.1 above, which may be remaining at the effective date of non-renewal.

§3.6 If as a result of redeployment in accordance with Section 2 of Article A of this Memorandum of Understanding, an employee is offered a different position at a different campus, the following shall apply:

1. Such employee shall receive a one year term appointment in the new position.

2. The employee appointed from a redeployment list shall receive the basic annual salary and title as listed in the vacancy announcement prepared by the campus.

3. Upon the employee's completion of six months of service in the new position: (i) the campus shall notify the employee in writing of whether an additional term appointment shall be granted; or (ii) the campus shall issue a notice of non-renewal.

4. Non-renewal shall be effective upon expiration of the one year term appointment provided for in Section 3.6 (a) above and the employee may elect one of the transition benefits in accordance with Article 36.2 of the Agreement.

5. In all events, the employee shall retain the right to return to employment at the contracting out campus and continue to receive the same basic annual salary for any portion of the two year period referred to in Section 3.1 above which may be remaining at the effective date of non-renewal.

6. If the non-renewed employee is subsequently appointed to a position as a result of a redeployment list, any severance previously paid shall be subject to the provisions of Article C of this Memorandum of Understanding, Severance Option. Notwithstanding the above, under no circumstance may more than one severance payment be received.

7. There shall be no eligibility for further redeployment consideration following a second redeployment.

Section 4. Employees Serving on the Basis of a Term Appointment

§4.1 This Section shall apply to an affected academic employee or an affected professional employee serving on the basis of a term appointment, other than professional employees in titles listed in Appendix A to Article XI of the Policies of the Board of Trustees serving in five year term appointments.

§4.2 If the employee has completed fewer than 3 years of consecutive service at the contracting out campus on the date that the Request for Proposal for contracting out is issued:

1. Such employee shall have the right to remain employed at the contracting out campus for one year from the date the Request for Proposal for contracting out is issued, or the balance of the employee's term appointment, whichever is greater.

2. Upon expiration of an affected employee's right to remain employed at the contracting out campus as set forth in Section 4.2 (a) above, such employee may elect one of the transition benefits in accordance with Article 36.2 of the Agreement.

§4.3 If the employee has completed 3 or more years of consecutive service at the contracting out campus on the date that the Request for Proposal for contracting out is issued:

1. Such employee shall have the right to remain employed at the contracting out campus for one year from the date the Request for Proposal is issued, or the balance of the employee's term appointment, whichever is greater.

2. In addition, such employee shall be placed on a redeployment list and receive redeployment consideration in accordance with Section 2 of Article A of this Memorandum of Understanding for one year from the date the Request for Proposal for contracting out is issued, or the balance of the employee's term appointment, whichever is greater.

3. Upon expiration of an affected employee's right to remain employed at the contracting out campus as set forth in Section 4.3 (a) above, such employee may elect one of the transition benefits in accordance with Article 36.2 of the Agreement.

§4.4 A permanent or continuing appointment can only be granted by the Chancellor. In no event shall the extension of a term appointment under this section render a term employee eligible for consideration for either a permanent or continuing appointment.

Section 5. Academic Employees with Continuing Appointments

§ 5.1 An academic employee with a continuing appointment shall retain continuing appointment, the same title, and the same basic annual salary at the time a Request for Proposal for contracting out is issued.

§5.2 An academic employee with a continuing appointment shall be offered redeployment at the contracting out campus or elsewhere within the State University system.

§5.3 The redeployment offer shall be in writing and the employee must accept or decline the offer in writing within ten working days after the employee's receipt of such offer.

1. If the employee accepts the offer of redeployment, the employee shall retain the academic title which the employee held immediately prior to the time of redeployment. In addition, the employee shall retain continuing appointment and shall continue to receive the same basic annual salary that such employee was receiving immediately prior to the time of redeployment.

2. If the employee declines an offer of redeployment or fails to accept in writing within ten working days, no further redeployment consideration shall be accorded the employee. The employee shall be terminated from employment effective 30 calendar days from the date the employee declines the redeployment offer if such offer is for a position at the contracting out campus. In the event that the offer is for a position other than at the contracting out campus, the employee shall be terminated from employment effective 180 calendar days from the date the employee declines such redeployment offer. Upon termination, the employee may elect one of the transition benefits in accordance with Article 36.2 of theAgreement.

Section 6. General Rules

§6.1 Notification to the Union Prior to the Request for Proposal for Contracting Out

The State University shall provide written notification to the United University Professions (UUP) where positions currently held by PSNU employees will be eliminated as a result of the State's exercise of its right to contract out for goods and/or services. Such notification shall be provided at least two weeks prior to the issuance of the Request for Proposal for contracting out and shall be required only in instances where current employees will be affected. Upon UUP's receipt of such written notification, UUP may request a meeting to discuss the campus' plan to contract out for goods and/or services.

§6.2 Work Force Impact Plan

At the time a Request for Proposal for contracting out is issued, the contracting out campus shall forward in writing to the Tripartite Redeployment Committee a Work Force Impact Plan. The Work Force Impact Plan shall specify the goods and/or services to be contracted out, identify the employees who will be affected by contracting out, and describe the measures the campus expects to undertake to redeploy affected employees to the maximum extent possible, including any campus retraining initiatives that might facilitate redeployment.

§6.3 Redeployment Hiring Incentive

A redeployment hiring incentive of 90 calendar days salary support shall be paid by the contracting out campus to a hiring campus for each employee redeployed in accordance with this Article A of this Memorandum of Understanding.

§6.4 Reemployment in a Contracting Out Situation

Notwithstanding the above, in the event a specific position eliminated due to contracting out is restored in its entirety at the contracting out campus within two years of issuance of the Request for Proposal for contracting out, the employee who held that specific position at the time of issuance of the Request for Proposal shall be offered reemployment in such position. An offer of reemployment shall be made by the campus in writing to the employee and must be accepted in writing within ten working days after receipt of such offer by the employee. The employee's failure to accept such offer within ten working days shall constitute a declination.

§6.5 President's Discretionary Redeployment Leave

The President's Discretionary Redeployment Leave shall be applicable in the following two instances:

1. At any time following the issuance of a Request for Proposal for contracting out, the College President may elect, in the President's discretion, to offer an affected employee a President's Discretionary Redeployment Leave. Such leave may be offered at full salary or reduced salary. A leave granted pursuant to this provision may be for any period, but in any event shall cease two years from the date a Request for Proposal for contracting out is issued. The employee's election to accept or decline such offer must be in writing and is final and binding and may not thereafter be withdrawn. Failure to accept in writing within ten working days shall be considered a declination and such employee shall remain on the redeployment list until appointed to a position or otherwise separated from employment, whichever occurs first. Upon expiration of such leave, the employee may elect one of the transition benefits in accordance with Article 36.2 of the Agreement.

   OR,

2. b. Where an affected employee has not been redeployed in accordance with Article A of this Memorandum of Understanding at the time thecontractor commences operation, a President's Discretionary Redeployment Leave shall be granted at full salary. A leave granted pursuant tothis provision shall cease upon the same date that the affected employee's employment at the contracting out campus would have ceased as set forth in Sections 3.1, 4.2 (a) or 4.3 (a) of Article A of this Memorandum of Understanding, as appropriate to the employee's term or permanent appointment status; or until the affected employee commences other State employment. The employee's election to accept or decline such offer must be in writing and is final and binding and may not thereafter be withdrawn. Failure to accept in writing within ten working days shall be considered a declination. Upon expiration of such leave, the employee may elect one of the transition benefits in accordance with Article 36.2 of the Agreement.

§6.6 Transition Benefits

Transition Benefits as set forth in Article 36.2 (a) and (b) of the Agreement shall be payable by the contracting out campus.

ARTICLE B. EDUCATION STIPEND

Section 1. Eligibility

§1.1 The education stipend shall solely apply to affected employees who have agreed to accept the terms as set forth in this Article of the Memorandum of Understanding and who have been notified of their acceptance by the State.

§1.2 Employees who have exercised one of the options described in Article 36.2(b) or (c) of the Agreement shall be ineligible for the education stipend set forth herein.

Section 2. Stipend

An employee may elect to receive an education stipend for full tuition and fees at an educational institution or organization of the employee's choosing to pursue course work or training offered by such institution or organization provided, however, that the employee meets the entrance and/or course enrollment requirements. The maximum stipend cannot exceed the one year (two semesters) SUNY tuition maximum for Resident Graduate Students. Such tuition will be paid by the State directly to the institution in which the employee is pursuing course work, subject to review and verification of the employee's training plan by the campus.

ARTICLE C. SEVERANCE OPTION

Section 1. Definitions

§1.1 The definition of the terms "affected employee" and "employee affected" are found in Article A, Section 1.1 of this Memorandum of Understanding.

§1.2. The term "Service" shall mean an employee's State service as determined by the State University.

Section 2. Eligibility

§2.1 The severance benefits provided by this Severance Option shall apply solely to affected employees:

1. a. who are eligible pursuant to Article 36.2 of the Agreement, and

2. b. who have agreed to accept the terms as set forth herein, have been notified of their acceptance by the State, and who have executed a Severance Agreement.

Section 3. Payment Schedule

§3.1 All affected employees with at least six (6) months, but less than one year of service, other than those covered under Section 3.2 below, are eligible to receive $2,000 or two weeks' base pay, whichever is greater.

Each additional year of service will result in a $600 increase per year to a maximum of $15,000. However, employees in the following categories will receive the amount specified if that amount exceeds that which would be otherwise payable.

§3.2 Affected employees 50 years of age and over may elect to receive payment pursuant to either the schedule in Section 3.1 above or are eligible to receive the following:

1. with 10 years of service, but less than 15, 20% of base annual salary;

2. with 15 years of service, but less than 20, 30% of base annual salary;

3. with 20 years of service, but less than 25, 40% of base annual salary;

4. with 25 years of service or more, 50% of base annual salary.

Section 4. Payment Conditions

§4.1 All payments made to affected employees under the Severance Option shall be reduced by such amounts as are required to be withheld with respect thereto under all federal, state and local tax laws and regulations and any other applicable laws and regulations. In addition, the severance payment made pursuant to Section 3 of this Severance Option shall not be considered as part of salary or wages for the purposes of determining State and member pension contributions and for the purposes of computing all benefits administered by the New York State Employees Retirement System, New York State Teachers' Retirement System or the Optional Retirement Program.

§4.2 All payments made to affected employees under this Severance Option are considered to be one-time payments and shall not be pensionable. Each affected employee must execute a Severance Agreement as set forth in Article D of this Memorandum of Understanding prior to separation from State service in order to be eligible to receive said payment.

§4.3 In no event shall an affected employee who returns to State service receive severance pay in an amount that would exceed that which he or she would otherwise have received as base annual salary during the period of separation from State service. Should the severance pay exceed the amount of base annual pay otherwise earned during the period of separation from State service, said employee shall repay the difference pursuant to the following rules:

1. Any affected employee who resumes State service shall repay such excess payments received within one (1) year of the employee's return to payroll, by payroll deductions in equal amounts.

2. Nothing in this Section 4.3 shall affect the State's right to recover the full amount of the monetary severance payment by other lawful means if it has not recovered the full amount by payroll deduction pursuant to Section 4.3 (a) above.

Section 5. Savings Clause

§5.1 If any provision of this Severance Option is found to be invalid by a decision of a tribunal of competent jurisdiction, then such specific provision or part thereof specified in such decision shall be of no force and effect, but the remainder of this Severance Option shall continue in full force and effect.

ARTICLE D. SEVERANCE AGREEMENT

I hereby apply for the severance benefits as described in the Severance Option as set forth in Article C of the Memorandum of Understanding on Contracting Out as set forth in the 1995-99 Collective Bargaining Agreement between the parties and agree to accept such benefits if my application is approved by the State of New York. I understand that the State of New York shall approve applications of all employees who are eligible to apply for such benefits pursuant to the provisions of Article 36.2 (b) of the 1995-99 Collective Bargaining Agreement.

I understand that by accepting these severance benefits, I agree to be bound by the terms and conditions set forth in Article C of the Memorandum of Understanding on Contracting Out, which is incorporated herein by reference. These terms and conditions include the following:

I understand that I shall not be required to make any payment on account of the monetary severance payment and/or any other benefits I receive pursuant to this agreement into any retirement or pension system or plan of which I am or may become a member, nor shall any such payment be permitted.

I understand that the State of New York shall not be required to make any contribution or payment into any retirement or pension system or plan of which I am or may hereafter become a member based upon the cash severance payment, and/or any other benefits I receive pursuant to this agreement.

I understand that any monetary severance payment and/or other benefits paid to me pursuant to this agreement shall not be considered in determining rights, benefits or allowances to which I or my beneficiaries or heirs may be entitled under any Retirement or Pension System or Plan of which I am or may hereafter become a member.

I understand that, in exchange for my agreement to all the terms and conditions set forth in Article C of the Memorandum of Understanding on Contracting Out, the State will do the following:

The State will pay me a monetary severance payment in the amount determined in accordance with my length of service, as described in Article C of the Memorandum of Understanding on Contracting Out.

This written agreement, including Article C of the Memorandum of Understanding on Contracting Out referenced herein, contains all the terms and conditions agreed upon by the parties. In the event that the terms of this agreement conflict with the 1995-99 Collective Bargaining Agreement between the State and the United University Professions, the terms of the 1995-99 Collective Bargaining Agreement shall prevail.

I accept the severance benefits as described in Article C of the Memorandum of Understanding on Contracting Out as set forth in the 1995-99 Collective Bargaining Agreement between the United University Professions and the State of New York.

Please print:

Employee's Name____________________________________

Employee's Social Security No. ____________________________

Employee's Campus ______________________________

Employee's Official State Title _____________________________

Signed __________________________________

Date _________________________________

Sworn to before me this _________________date of

_____________, 19_____

________________________ Notary Public

Dr. William E. Scheuerman, President
United University Professions
159 Wolf Road
Albany, New York 12205

RE: Contracting Out/Preferential Consideration With Contractor

Dear Dr. Scheuerman:

This will confirm the understanding reached during negotiations of the 1995-99 State/UUP Agreement regarding transition benefit of Article 36.2 (c) of the Agreement concerning preferential employment with the contractor.

In an effort to create possible placement opportunities with the contractor, the State University will include as part of the Request for Proposal a requirement that the contractor give preferential consideration to affected employees for positions with the contractor on such project, if available.

The contracting campus shall be responsible for making affected employees aware of any job opportunities with the contractor which the contractor notifies the campus are available. This responsibility may include providing names of interested employees to the contractor, arranging interviews, and otherwise providing information and assistance regarding contractor hiring. Such responsibility shall cease at such time as either the affected employees have gained employment with either the State or the contractor or have selected and received a transition benefit from Article 36.2 (a) or (b).

Also, the State will seek legislation which shall permit employees to exercise this option without violation of the revolving door provisions of the State Ethics Law.

Sincerely,
s/ Linda Angello, Director
Governor's Office of Employee Relations

Dear Dr. Scheuerman:

Should the State University contract out for services currently performed by employees represented by the United University Professions (UUP), this shall confirm that the following information will be provided by the campus upon the union's written request:

• Copy of the proposal submitted by the vendor awarded the contract in response to the campus' Request for Proposal (RFP) but excluding any proprietary information or confidential trade secrets;

• Copy of the fully executed and approved contract between the campus and the vendor selected to provide the services specified in the RFP;

• Copy of any fully executed and approved amendments during the term of the original contract;

• Copy of any other fully executed and approved contracts between the campus and the selected vendor for goods and/or services in addition to those specified in the RFP; and a

• Copy of any audits/evaluations conducted by an organization external to the State University of the services provided by the selected vendor under the contract.

Sincerely,
s/ Linda Angello, Director
Governor's Office of Employee Relations

Dear Dr. Scheuerman:

This is to confirm our mutual understanding that with respect to the State's right to contract out for goods or services as provided for in Article 36 of the Agreement, the provisions of the Ethics Law, as set forth in Public Officers Law Sections 73 and 74, must be adhered to. When the State is contracting for goods or services performed by PSNU employees, the contract bidding process and any contract must comply with the provisions of the Ethics Law. In this regard, the parties agree that the bidding process and the contract must conform to the Ethics Law provisions concerning potential and actual conflicts of interest.

The parties acknowledge that any subsequent amendments or exception to and/or changes in the Ethics Law, or the application thereof, are binding on the parties.

Sincerely,
Linda Angello, Director
Governor's Office of Employee Relations

Dear Dr. Scheuerman:

This is to confirm our mutual understanding that the State's right to contract out as specified in Article 36 of the Agreement shall apply to all positions, including vacancies. However, in the event current PSNU employees would be affected, the State shall not contract out for goods or services performed by PSNU employees with the following organizations: the Research Foundation, any campus foundation, the SUNY Construction Fund, University Auxiliary Services Corporation, or any Faculty Student Association.

Furthermore, with respect to vacant positions, the State shall not contract out with the aforementioned organizations for goods and/or services which have been exclusively performed by PSNU employees.

Sincerely,
Linda Angello, Director
Governor's Office of Employee Relations