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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

Reporting Elected and Appointed Officials

About the Record of Activities

  1. Our judges are on call every third weekend. Can they claim all of that time because they cannot do other things?
  2. What do I do if an elected or appointed official refuses to submit an ROA? It’s been more than 180 days since the official took office, and I still haven’t received the record of activities.
  3. Does an elected or appointed official need to keep an ROA each time he/she begins a new term?
  4. What if an official takes a two-week vacation during the time period he or she is keeping a record of work related activities?
  5. Do I need to file the ROA prepared by our elected and appointed officials with the Comptroller’s office?
  6. What happens if someone is appointed mid-term as a replacement?
  7. Most of our employees who are appointed officials already keep records showing their actual hours worked. Would they still be required to complete an ROA?
  8. One of our appointed officials does not have a term of office. Can I leave the current term begin and end date column blank on the Resolution?
  9. 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 an ROA to me since she’s already receiving full-time credit?
  10. How do I establish a standard work day for an official who participates in a time-keeping system?
  11. Is travel time considered appropriate or inappropriate for an elected official’s ROA?
  12. Do Tier 1 elected and appointed officials need to keep an ROA?
  13. Our tax collector works more hours from January through April than she does for the rest of the calendar year. What months should she use to complete her ROA?
 
  1. 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 ROA. They may only record the time actually spent performing a work-related activity.

  2. What do I do if an elected or appointed official refuses to submit an ROA? It’s been more than 180 days since the official took office, and I still haven’t received the record of activities.

    Employers should inform NYSLRS which officials have not submitted an ROA by either checking the “Not Submitted” checkbox on the Standard Work Day and Reporting Resolution for Elected and Appointed Officials form (RS2417-A) Adobe pdf, or by sending us a letter with the official’s name, registration number and term of office. Once notified, NYSLRS will write to the official, (and send a copy to the employer), informing him or her of the requirement to submit an ROA and the consequences of not submitting.

    Continued refusal to submit an ROA will result in the suspension of membership benefits, including Member Annual Statements, tier reinstatement, requests for previous service credit, accrual of additional service credit, benefit estimates and pension benefits. 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.

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

    Not necessarily. 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 Standard Recertification of the Record of Activities form (RS2419) 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.

  4. 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 period of his or her ROA by the amount of time used for vacations, illness, holidays or other reasons during the three-month period so that a full three months of active working days are reflected on the ROA.

  5. Do I need to file the ROA prepared by our elected and appointed officials with the Comptroller’s office?

    No, but you must retain records for at least 30 years and provide full and complete copies to the Office of the State Comptroller upon request.

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

    That person should complete a record of activities for three consecutive months within 150 days of taking office. The employer must then adopt a Standard Workday and Reporting Resolution within 30 days of submission of the ROA.

  7. Most of our employees who are appointed officials already keep records showing their actual hours worked. Would they still be required to complete an ROA?

    No. Since these appointed officials already keep records showing their actual hours worked, they would not be required to keep a separate ROA; however, an average of a three-month time period should be listed on the Resolution and used for reporting purposes.

  8. One of our appointed officials does not have a term of office. Can I leave the current term begin and end date column blank on the Resolution?

    No. All officials listed on the Resolution must have a specified “Term End Date.” If the official does not have a designated term, use the current term of the official who appointed them to the position. If they are appointed by the governing board, use the begin and end dates of the chair of the board’s term.

  9. 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 an ROA to me since she’s already receiving full-time credit?

    Yes. 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 ROA for employment with your town.

  10. How do I establish a standard work day for an official who participates in a time-keeping system?

    The governing board can establish a standard work day for the position by board resolution or by completing the Standard Work Day Resolution for Employees form (RS2418) Adobe pdf. The standard work day cannot be less than six hours or more than eight. For more information, read the Establishing the Standard Work Day section of the Employer’s Guide Adobe pdf.

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

    That depends. If the elected official is traveling from his/her official work place 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 place, those hours cannot be counted.

  12. Do Tier 1 elected and appointed officials need to keep an ROA?

    No. 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 an ROA, please note that if a Tier 1 official is replaced by a NYSLRS member in a different tier, that individual will have to comply with Regulation 315.4 and maintain an ROA if he or she does not participate in the employer’s time-keeping system.

  13. Our tax collector works more hours from January through April than she does for the rest of the calendar year. What months should she use to complete her ROA?

    If an employee, like a tax collector, works all year round but has a busier season, he or she should keep an extended ROA. It can be up to a full year, or the ROA can, for example, cover two months during the busy season and two months of the less-busy season to get an accurate average.

Rev. 5/19

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