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Elected and Appointed Officials

About the Record of Work-Related Activities (ROA)

  1. What are the requirements for keeping a record of work-related activities (ROA) under Regulation 315.4?
  2. If one official submits a three-month ROA but others still have one-month ROAs on file, is it alright to submit one Standard Work Day and Reporting Resolution?
  3. What activities should not be included on the Record of Activities (ROA)?
  4. Our judges are on call every third weekend. Can they claim all of that time because they cannot do other things?
  5. What do I do if an elected or appointed official refuses to submit a ROA?
  6. Does an elected or appointed official need to keep an ROA each time he/she begins a new term?
  7. What if an official takes a two week vacation during the time period he or she is keeping a record of work related activities?
  8. Do I need to file the records of activities prepared by our elected and appointed officials with the Comptroller’s office?
  9. What happens if someone is appointed mid-term as a replacement?
  10. Once the governing board approves it, what happens to the record of activities?
  11. An elected official submitted a three-month record of activities showing 291 hours worked which was approved by the governing board. The official has a seven hour standard work day. How many days worked should be reported on the Standard Work Day & Reporting Resolution?
  12. Most of our employees who are appointed officials already keep records of the time they work (time sheets). Would they still be required to complete a Record of Activities?
  13. The elected board of supervisors in our county receive compensation from us, but they get paid by the respective towns in the county, as well. Do these officials have to prepare and submit separate records of work-related activities for both the county and the town? Would both the county and town have to pass the Standard Work Day and Reporting Resolution and submit separate Affidavits of Posting?
  14. One of the elected officials who I report took office in February 2009. It’s now been more than 180 days since he took office, and I still haven’t received a record of activities from him. What should I do?
  15. Our superintendent of public works is appointed by the town board but he does not have an official term of office. He is appointed at our organizational meeting, in January, every year. He is expected to work 40 hours per week and our board has passed a resolution giving him a standard day of 8 hours. Does he need to keep a record of activities?
  16. One of our elected town assessors, who also has a full-time job with another public employer, already receives full-time service credit from that employer. I report four days of credit each month for this individual. Does she need to prepare and submit a record of work-related activities to me since she’s already receiving full-time credit?
  17. If our appointed officials have a one-month record of activities from last year on file and are re-appointed for 2010, do they still need to prepare and submit a three-month record of work-related activities in 2010 and every year after that if they continue to be appointed?
  18. Most of the elected and appointed officials for our village work set hours and account for their time through our time and attendance system. Do they need to submit a Record of Activities? Do we need to pass a resolution stating the time that is set as the standard work day for their positions?
  19. Is travel time considered appropriate or inappropriate for an elected official’s ROA?
  20. Do Tier 1 elected and appointed officials need to keep a record of their activities since their service credit is calculated differently from Tier 2, 3, 4, 5 and 6 members?
 
  1. What are the requirements for keeping a record of work-related activities (ROA) under Regulation 315.4?

    Each elected and appointed official must prepare a record for three consecutive months within 150 days of the start of a new term or appointment. The official must submit the record to the clerk or secretary of the governing board no later than 180 days of taking office. Advise your elected and appointed officials to consult this decision tree if they need help figuring out what to do and when to do it.

  2. If one official submits a three-month ROA but others still have one-month ROAs on file, is it alright to submit one Standard Work Day and Reporting Resolution?

    Yes. The resolution can reflect days worked based on one-month ROAs for some officials and three-month ROAs for others.

  3. What activities should not be included on the Record of Activities (ROA)?

    Activities that would not be considered work-related include time attending electoral and campaign events, time spent socializing after town board meetings, attendance at a candidates forum and on call time.

  4. Our judges are on call every third weekend. Can they claim all of that time because they cannot do other things?

    No. On call time is not to be included on the record of work-related activities.

  5. What do I do if an elected or appointed official refuses to submit an ROA?

    Employers should inform NYSLRS of officials who have not submitted an ROA by either checking the “Not Submitted” checkbox on Form RS2417-A, or by sending us a letter with the name, registration number and term of the individual(s) who has not submitted. Once notified, NYSLRS will write to the individual, and cc the employer, informing them of the requirement to submit an ROA and the consequences of not submitting. Continued refusal to submit an ROA could result in the suspension of membership benefits including Member Annual Statements, estimates, tier reinstatements and requests for previous service credit. Since retirement credit can only be given for actual time worked, service credit accrued during the time for which there is no ROA would be excluded from the individual’s pension benefit calculation.

    Note: if an ROA is not submitted, there should be no days listed in the Days/Month (based on Record of Activities) column.

  6. Does an elected or appointed official need to keep an ROA each time he/she begins a new term?

    If an elected or appointed official feels a previously submitted three-month ROA is still representative of the time he/she actually worked, the official can certify in writing that duties, responsibilities and hours have not changed substantially (we have provided a Recertification of the Record of Activities (RS2419) form Adobe pdf for your convenience). He/she would submit his/her written certification to the governing board no later than 180 days of taking office. A record of activities can be valid for up to eight years.

  7. What if an official takes a two week vacation during the time period he or she is keeping a record of work related activities?

    The official should extend the time period of the record by two weeks.

  8. Do I need to file the records of activities prepared by our elected and appointed officials with the Comptroller’s office?

    No, but you must retain records for at least ten years and provide full and complete copies to the Office of the State Comptroller upon request.

  9. What happens if someone is appointed mid-term as a replacement?

    The person should prepare a record for three-consecutive months within 150 days of taking office. The employer must then either adopt a resolution no later than 180 days after the term begins which attests that the record has been received, or revise the existing resolution.

  10. Once the governing board approves it, what happens to the record of activities?

    It must be kept on file for at least ten years for future review.

  11. An elected official submitted a three-month record of activities showing 291 hours worked which was approved by the governing board. The official has a seven hour standard work day. How many days worked should be reported on the Standard Work Day & Reporting Resolution?

    13.86

    To understand how the above figure was determined, please view the Calculating Days Worked section of our presentation.

  12. Most of our employees who are appointed officials already keep records showing their actual hours worked. Would they still be required to complete a Record of Activities?

    Any elected or appointed official who is a member of the Retirement System and does not use your time keeping system that shows hours worked (This includes systems that keep track of accruals and attest that, other than time charged to accruals, full hours were worked.) needs to keep a separate Record of Activities. Since these appointed officials already keep records showing their actual hours worked, they would not be required to keep a separate ROA.

  13. The elected board of supervisors in our county receive compensation from us, but they get paid by the respective towns in the county, as well. Do these officials have to prepare and submit separate records of work-related activities for both the county and the town? Would both the county and town have to pass the Standard Work Day and Reporting Resolution and submit separate Affidavits of Posting?

    Yes, based on their own employment relationship with each town and county, the elected and appointed official must prepare a record for three consecutive months within 150 days of the start of a new term or appointment. The official must then submit the record to the clerk or secretary of the governing board no later than 180 days of taking office. Further, each employer (the County and the Town) should comply with the regulation independently, as if they were not aware of the employment arrangement with the other entity. Each would have to prepare and submit separate Standard Work Day and Reporting Resolutions and Affidavits of Posting.

  14. One of the elected officials who I report took office in February 2009. It’s now been more than 180 days since he took office, and I still haven’t received a record of activities from him. What should I do?

    Strictly speaking, since 1976, every elected or appointed official who is a member of the Retirement System and does not use your time keeping system that shows hours worked (this includes systems that keep track of accruals used and attest that, other than time charged to accruals, full hours were worked) has been required to submit to his/her governing board an example of a daily ROA for a one-month period. You should still encourage the person to keep this ROA but, since the regulation took effect on August 12, 2009, the first time the requirements will affect those who are currently serving as elected or appointed officials will be the start of the term after their next election/appointment to office.

  15. Our superintendent of public works is appointed by the town board but he does not have an official term of office. He is appointed at our organizational meeting, in January, every year. He is expected to work 40 hours per week and our board has passed a resolution giving him a standard day of eight hours. Does he need to keep a record of activities?

    Yes. Since your superintendent of public works is appointed by the town board at your organizational meeting in January each year, it would appear that he has a one-year term of office. The superintendent of public works is required to keep the three-month record of activities if he or she does not participate in your time and attendance system.

  16. One of our elected town assessors, who also has a full-time job with another public employer, already receives full-time service credit from that employer. I report four days of credit each month for this individual. Does she need to prepare and submit a record of work-related activities to me since she’s already receiving full-time credit?

    Even though the elected assessor has a full-time job with another public employer where she already receives full-time service credit, she is still required to prepare and submit the three-month record of activities for employment with your town.

  17. If our appointed officials have a one-month record of activities from last year on file and are re-appointed for 2010, do they still need to prepare and submit a three-month record of work-related activities in 2010 and every year after that if they continue to be appointed?

    Yes, they will need to keep a three-month Record of Activities after they are re-appointed in 2010. In subsequent years, the individual may certify in writing to the governing board within 180 days of taking office that the responsibilities and hours documented in the 2010 Record of Activities remain substantially unchanged. By certifying that a previously submitted three-month ROA is still representative of time worked, officials elected or appointed to new terms will not have to keep a new ROA for up to eight years.

  18. Most of the elected and appointed officials for our village work set hours and account for their time through our time and attendance system. Do they need to submit a Record of Activities? Do we need to pass a resolution stating the time that is set as the standard work day for their positions?

    Any elected or appointed official who is a member of the Retirement System and does not use your time keeping system that shows hours worked (this includes systems that keep track of accruals used and attest that, other than time charged to accruals, full hours were worked.) is required to record and submit an ROA. Elected and appointed officials who already keep records of their actual time worked using their employer’s time and attendance system do not need to keep a Record of Activities. To determine the number of hours to report for an individual, the governing board must establish a standard work day for the position by board resolution (if this has not already been done). The standard work day cannot be less than six nor more than eight hours per day. The total number of hours worked in a report period should be divided by the established standard work day. The resulting days worked figure should then be reported monthly or as required by your reporting cycle. The same number of days should be reported every month or reporting cycle to correspond with the salary reported.

  19. Is travel time considered appropriate or inappropriate for an elected official’s ROA?

    If the elected official is traveling from his/her official work station or home to a meeting in another location, those hours can appropriately be counted as time worked. If, however, the elected official is traveling from his/her home to and from the official work station, those hours cannot be counted.

  20. Do Tier 1 elected and appointed officials need to keep a record of their activities since their service credit is calculated differently from Tier 2, 3, 4, 5 and 6 members?

    While the regulation does not distinguish between tiers, the original regulation was enacted in response to Tier 2 service crediting requirements and applies to Tier 2 and all tiers enacted after Tier 2.

    Although Tier 1 members are not required to keep a record of activities, please note that if a Tier 1 official is replaced by a member of the Retirement System who is not in Tier 1, that individual will be required to comply with Regulation 315.4 and maintain a record of activities if he or she does not participate in the employer’s time keeping system.

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