As public employees in New York State, elected and appointed officials are usually NYSLRS members. However, their compensation generally isn’t based on an hourly rate, and their irregular hours can make a typical timekeeping system impractical. So, how do we fairly and accurately credit their service in our system?
In 1975, Regulation 315.4 of the New York Codes, Rules and Regulations (NYCRR) established a process for reporting time worked by elected and appointed officials, which we’ve used since with periodic revision.
The Reporting Process
- Record of activities (ROA). For three full months, from the start of the term or appointment, the official tracks time spent on work-related activities. This includes things like answering constituent correspondence and phone calls; preparing for and attending board and committee meetings; and attending employer-sponsored forums. They must leave out time spent on call; attending campaign events, political rallies or private meetings; or socializing after board meetings. Officials have 150 days to submit an ROA to the secretary or clerk of the governing board. (Tier 1 members are not required to keep a ROA.)
- Reporting resolution. When the governing board receives the official’s ROA, it checks the ROA against the official duties of the position and excludes any improper entries. Based on this record, the board adopts a resolution establishing both the average number of days worked by the official each month and the length of a standard work day (SWD) for the official.
- Public notice. After passing the resolution, the governing board must post it on the board’s public website for at least 30 days or, if the board has no public website, on the official sign-board or at the main entrance to the clerk’s office. After 30 days, the governing board has 15 days to file the resolution with NYSLRS.
- Next term. An ROA can be valid for up to eight years, but if the official begins a new term or is reappointed before then, NYSLRS needs a new ROA and a new reporting resolution. An official, who feels that the previous ROA still accurately represents the time worked, can certify that in writing in lieu of a new ROA.
Governing boards must keep officials’ ROAs on file for at least 30 years. Any official who does not submit an ROA will receive a warning from NYSLRS. If that goes unheeded, member benefits, including estimates, tier reinstatements and requests for previous service credit will be suspended, and time worked during this period will be excluded from the individual’s pension benefit calculation.
Visit our website for the full details about reporting regulations for elected and appointed officials.