SUNY HR Manual - Orientation-Parking

SUNY University-Wide Human Resources Manual
Orientation - Parking

last updated: Thursday, July 1, 2004

Powers to Regulate Traffic on University Grounds are authorized in Article 8, Section 360 of the Education Law subject to limitations imposed by collective bargaining agreements. The law empowers the SUNY Board of Trustees which has delegated most of these powers to individual campuses.

These powers include:

to adopt and enforce campus rules and regulations not inconsistent with the vehicle and traffic law relating to parking, vehicular and pedestrian traffic, and safety,
to establish rules and regulations for the disposition of abandoned vehicles,
to establish rules and regulations for the removal by towing or otherwise of vehicles parked in violation of such rules at the expense of the owner,
to establish rules and regulations for the payment of fees for the registration or parking of such vehicles, and
to assess administrative fines upon, and collect such fines from, the owner or operator of such vehicles for each violation of the regulations.

Fines may not be imposed without a hearing or an opportunity to be heard conducted by an officer or board designated by the board of trustees. Individual campuses have established their own hearing procedures with the approval of the board of trustees.

Important note:
There are three types of fees related to parking:

parking registration fees,
parking fees for the privilege of parking,
and fees/fines for violations

It is extremely important to segregate these fees in the accounting systems on campuses because of collective bargaining agreements relating to parking.

Campuses may charge parking fees for employees not represented by a collective bargaining agent. However, for represented-employees, campuses that have not previously implemented a "fee for parking" may not do so without negotiating with the collective bargaining agents for the various groups of represented employees. Campuses may collect "parking registration fees" to cover the administrative cost of registering vehicles and also may determine the fees/fines to collect for violations. However, for employees represented by a collective bargaining agent, it is important that the campus's accounting of "parking registration fees" can clearly demonstrate that the fee assessment closely approximates the actual cost of registering vehicles.

Following is an example of the collective bargaining restriction related to "parking fees" from the agreement with the SUNY Professional Services Unit currently represented by UUP.

§38.3 The status quo will be maintained for parking facilities presently provided without charge and no existing charge for parking facilities shall be increased or decreased without negotiations pursuant to this Article.

Article 8, Section 360 of the Education Law authorizes some enforcement measures for employees and students who do not pay their parking fines after having been afforded an opportunity for a hearing:

In the case of an officer or employee of State University, such fines may be deducted from the salary or wages of such officer or employee found in violation of such regulations.

In the case of a student of State University found in violation of such regulations, the university may withhold his/her grades and transcripts until such time as any fine is paid.

Reference(s):

Collective Bargaining Agreement Parking Provisions (See parking in appropriate agreement)
http://www.goer.state.ny.us/CNA/agreement.html (old)
http://www.goer.state.ny.us/cna/bucenter/index.html

Payroll Deduction for Collection of Traffic Fines (Section 152, SUNY Procedures Manual)
http://www.suny.edu/FinanceandBusiness/FBAdmProc.cfm

Powers to Regulate Traffic (NYS Law, scroll to Section 360)
http://assembly.state.ny.us/leg/?cl=30&a=15

SUNY University-Wide Human Resources Manual Orientation - Parking

SUNY University-Wide Human Resources Manual
Orientation - Parking