Bill Text: NY A00243 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates independent commissions to interview and recommend trustee candidates to the state university, CUNY and the community colleges.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A00243 Detail]
Download: New_York-2019-A00243-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 243 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. LUPARDO, PERRY, WEPRIN -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to trustees of the state university of New York, city university of New York, and community colleges The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 350 of the education law is amended by adding two 2 new subdivisions 14 and 15 to read as follows: 3 14. "Commission" means the state university of New York's independent 4 commission on board of trustee's nominations. 5 15. "Candidate" means a person who has requested that the commission 6 consider his or her qualifications to serve on the state university of 7 New York board of trustees; or (a) who has been recommended for consid- 8 eration by the commission by another person, including a community or 9 professional organization; or (b) who has agreed to be considered by the 10 commission at the commission's request. 11 § 2. The education law is amended by adding four new sections 352-b, 12 352-c, 352-d and 352-e to read as follows: 13 § 352-b. Organization of the commission. 1. A state university of New 14 York independent commission on board of trustees' nominations is hereby 15 established. The commission shall consist of eleven members of whom 16 three shall be appointed by the governor and three each, by the speaker 17 of the assembly and the temporary president of the senate, and one each 18 by the chair of the state university of New York faculty senate and by 19 the president of the student assembly of the state university of New 20 York. Of the three members appointed by the governor, no more than two 21 shall be enrolled in the same political party and two of such members 22 shall be graduates of the state university of New York. No member of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01928-01-9A. 243 2 1 the commission shall hold any elected public office or office in any 2 political party or shall be an employee of or under the supervision of 3 any person who holds such elected public office or office of a political 4 party. No member of the commission shall serve in any public or poli- 5 tical office within one year of the member's period of service. The 6 members of the commission shall be residents of the state. 7 2. The members first appointed by the governor shall have one, two and 8 three-year terms, respectively, as he or she shall designate. The 9 members first appointed by the speaker of the assembly shall have one, 10 two, and three-year terms, respectively, as he or she shall designate. 11 The member first appointed by the temporary president of the senate 12 shall have one, two and three-year terms, respectively, as he or she 13 shall designate. The member first appointed by the chair of the state 14 university of New York faculty senate shall have a two-year term as he 15 or she shall designate. The member first appointed by the president of 16 the student assembly of the state university of New York shall have a 17 one-year term as he or she shall designate. Each subsequent appointment 18 shall be for a term of one year. 19 3. A vacancy shall be deemed to occur immediately upon the appointment 20 or election of any member to an office that would disqualify him or her 21 for appointment to, or membership on, the commission. A vacancy occur- 22 ring for any reason other than by expiration of term shall be filled by 23 the appointing authority for the remainder of the unexpired term pursu- 24 ant to the provisions of this section. 25 4. The members of the commission shall designate one member to serve 26 as chairperson for a period of two years or until his or her term of 27 office expires, whichever period is shorter. 28 5. Each member of the commission shall be entitled to receive his or 29 her actual and necessary expenses incurred in the discharge of his or 30 her duties. 31 6. Seven members of the commission shall constitute a quorum. 32 § 352-c. Functions of the commission. 1. The commission shall: 33 (a) Consider and evaluate the qualifications of candidates for 34 appointment to the state university of New York board of trustees and, 35 as vacancies occur on such board, the commission shall recommend to the 36 governor persons who by their character, temperament, professional apti- 37 tude and experience are well qualified to be a member of such board. 38 Such qualifications shall include, but not be limited to: (1) a bacca- 39 laureate degree as the minimum educational criteria; (2) familiarity 40 with addressing policy issues in a unionized environment; (3) under- 41 standing of public sector intergovernmental relations as they relate to 42 higher education institutions; (4) understanding of and familiarity with 43 the kinds of issues arising in large complex organizations; (5) current 44 interest in the institution; (6) a commitment to public higher educa- 45 tion; (7) a general background that would allow them to make decisions 46 in the best interests of the institution; (8) an ability to recognize 47 the sometimes ambiguous distinction between management and governance; 48 and (9) an actual and perceived independence from political interference 49 in the governance of the institution. 50 (b) Establish procedures to assure that persons who may be well quali- 51 fied for appointment to the state university of New York board of trus- 52 tees, other than those who have requested consideration or who have been 53 recommended for consideration by others be encouraged to agree to be 54 considered by the commission.A. 243 3 1 (c) Require the production of any books, records, documents or other 2 evidence that it may deem relevant or material to its evaluation of 3 candidates. 4 (d) Require from any court, department, division, board, bureau, 5 commission, or other agency of the state or political subdivision there- 6 of or any public authority such assistance, information and data, as 7 will enable it properly to evaluate the qualifications of candidates. 8 (e) Require the appearance of any candidate before it and interview 9 any person concerning the qualifications of any candidate. 10 (f) Communicate with the governor concerning the qualifications of any 11 candidate whom it has recommended to the governor, and communicate with 12 the senate concerning the qualifications of any candidate appointed by 13 the governor. 14 (g) Do all other things necessary and convenient to carry out its 15 functions pursuant to this article. 16 2. A recommendation to the governor shall require the concurrence of a 17 quorum of the commission. The recommendations to the governor shall be 18 transmitted to the governor in a single written report, which shall be 19 released to the public by the commission at the time it is submitted to 20 the governor. The report shall be in writing, signed only by the chair- 21 person, and shall include the commission's findings relating to the 22 character, temperament, professional aptitude, experience, qualifica- 23 tions and fitness of each candidate who is recommended to the governor. 24 3. No person shall be recommended to the governor who has not 25 consented to be a candidate, who has not been personally interviewed by 26 a quorum of the membership of the commission as provided for in subdivi- 27 sion six of section three hundred fifty-two-b of this article, and who 28 has not filed a financial statement with the commission, on a form to be 29 prescribed by the commission. The financial statement shall consist of a 30 sworn statement of the candidate's assets, liabilities and sources of 31 income, and any other relevant financial information, which the commis- 32 sion may require. The commission shall transmit to the governor the 33 financial statement filed by each candidate who is recommended. The 34 governor shall make available to the public the financial statement 35 filed by the candidate who is appointed to fill a vacancy. The financial 36 statements filed by all other candidates recommended to the governor, 37 but not appointed by him or her, shall be confidential. 38 § 352-d. Rules of the commission. 1. The commission shall adopt, and 39 may amend, written rules of procedure not inconsistent with law. 40 2. Rules of the commission shall be filed with the chancellor of the 41 state university of New York and shall be published in the official 42 compilation of codes, rules and regulations of the state. Upon request 43 of any person, the chancellor of the state university of New York shall 44 furnish a copy of the commission's rules without charge. 45 3. Rules of the commission may prescribe forms and questionnaires to 46 be completed and, if required by the commission, verified by candidates. 47 4. Rules of the commission shall provide that upon the completion by 48 the commission of its consideration and evaluation of the qualifications 49 of a candidate, there shall be no reconsideration of such candidate for 50 the vacancy for which he or she was considered, except with the concur- 51 rence of a quorum of the commission. 52 § 352-e. Confidentiality of proceedings and records. 1. All communi- 53 cations to the commission, and its proceedings, and all applications, 54 correspondence, interviews, transcripts, reports and all other papers, 55 files and records of the commission shall be confidential and privileged 56 and, except for the purposes of article two hundred ten of the penalA. 243 4 1 law, shall not be made available to any person except as otherwise 2 provided in this article. 3 2. The governor shall have access to all papers and information relat- 4 ing to persons recommended to him or her by the commission. The senate 5 shall have access to all papers and information relating to the person 6 appointed by the governor to fill a vacancy. All information that is not 7 publicly disclosed in accordance with subdivisions two and three of 8 section three hundred fifty-two-c of this article, or disclosed in 9 connection with the senate's confirmation of the appointment, shall 10 remain confidential and privileged, except for the purposes of article 11 two hundred ten of the penal law. 12 3. The members of the commission shall not publicly divulge the names 13 of, or any information concerning, any candidate except as otherwise 14 provided in this article. 15 § 3. Subdivision 1 of section 353 of the education law, as amended by 16 chapter 268 of the laws of 2011, is amended to read as follows: 17 1. The state university shall be governed, and all of its corporate 18 powers exercised, by a board of trustees. Such board shall consist of 19 eighteen members, fifteen of whom shall be appointed by the governor 20 with the advice and consent of the senate, one of whom shall be the 21 president of the student assembly of the state university, ex-officio 22 and voting, one of whom shall be the president of the university faculty 23 senate, ex-officio and non-voting, and one of whom shall be the presi- 24 dent of the faculty council of community colleges, ex-officio and non- 25 voting; provided, however, that such trustees, except the president of 26 the student assembly of the state university, ex-officio, have been 27 recommended and approved by the state university of New York's independ- 28 ent commission on board of trustees nominations. No such trustee, except 29 the president of the student assembly of the state university serving as 30 an ex-officio member, shall be an employee of, or under the supervision 31 of such appointing authorities. The senate upon receiving the governor's 32 nomination of a trustee to be considered for confirmation shall consult 33 with the chair of the senate higher education committee and shall publi- 34 cize its consideration of said nominee. The senate shall vote to confirm 35 the nominee no earlier than twenty-one days after the nominee's consid- 36 eration has been publicized. Such ex-officio members shall be subject to 37 every provision of any general, special, or local law, ordinance, char- 38 ter, code, rule, or regulation applying to the voting members of such 39 board with respect to the discharge of their duties, including, but not 40 limited to, those provisions setting forth codes of ethics, disclosure 41 requirements, and prohibiting business and professional activities. One 42 member of the board shall be designated by the governor as chairperson 43 and one as vice-chairperson. Of the members first appointed, two shall 44 be appointed for a term which shall expire on June thirtieth, nineteen 45 hundred fifty-two; one for a term which shall expire on June thirtieth, 46 nineteen hundred fifty-three; two for a term which shall expire on June 47 thirtieth, nineteen hundred fifty-four; one for a term which shall 48 expire on June thirtieth, nineteen hundred fifty-five; two for a term 49 which shall expire on June thirtieth, nineteen hundred fifty-six; one 50 for a term which shall expire on June thirtieth, nineteen hundred 51 fifty-seven; two for a term which shall expire on June thirtieth, nine- 52 teen hundred fifty-eight; one for a term which shall expire on June 53 thirtieth, nineteen hundred fifty-nine; two for a term which shall 54 expire on June thirtieth, nineteen hundred sixty; and one for a term 55 which shall expire on June thirtieth, nineteen hundred sixty-one. Vacan- 56 cies shall be filled for the unexpired term in the same manner asA. 243 5 1 original appointments. The term of office of each trustee appointed on 2 or after April first, nineteen hundred eighty-six shall be seven years, 3 except those of the student member and the faculty members. Trustees 4 shall receive no compensation for their services but shall be reimbursed 5 for their expenses actually and necessarily incurred by them in the 6 performance of their duties under this article. 7 § 4. Section 6202 of the education law is amended by adding two new 8 subdivisions 10 and 11 to read as follows: 9 10. "Commission" means the city university of New York's independent 10 commission on board of trustees' nominations. 11 11. "Candidate" means a person who has requested that the commission 12 consider his or her qualifications to serve on the city university of 13 New York board of trustees; or (a) who has been recommended for consid- 14 eration by the commission by another person, including a community or 15 professional organization; or (b) who has agreed to be considered by the 16 commission at the commission's request. 17 § 5. The education law is amended by adding four new sections 6203-a, 18 6203-b, 6203-c and 6203-d to read as follows: 19 § 6203-a. Organization of the commission. 1. A city university of New 20 York independent commission on board of trustees' nominations is hereby 21 established. The commission shall consist of eleven members of whom 22 three shall be appointed by the governor and two selected by the mayor 23 of the city of New York, and two each, by the speaker of the assembly 24 and the temporary president of the senate, and one each by the chair of 25 the city university of New York faculty senate and by the chairperson of 26 the city university of New York student senate. Of the three members 27 appointed by the governor, no more than two shall be enrolled in the 28 same political party and two of such members shall be graduates of the 29 city university of New York. The two members appointed by the mayor 30 shall not be enrolled in the same political party and one of such 31 members shall be a graduate of the city university of New York. No 32 member of the commission shall hold any elected public office or office 33 in any political party or shall be an employee of or under the super- 34 vision of any person who holds such elected public office or office of a 35 political party. No member of the commission shall serve in any public 36 or political office within one year of the member's period of service. 37 The members of the commission shall be residents of the state. 38 2. The members first appointed by the governor shall have one, two and 39 three-year terms, respectively, as he or she shall designate. The 40 members first appointed by the mayor shall have two and three-year 41 terms, respectively, as he or she shall designate. The members first 42 appointed by the speaker of the assembly shall have two and three-year 43 terms, respectively, as he or she shall designate. The members first 44 appointed by the temporary president of the senate shall have two and 45 three-year terms, respectively, as he or she shall designate. The member 46 first appointed by the chair of the city university of New York faculty 47 senate shall have a two-year term as he or she shall designate. The 48 member first appointed by the president of the city university of New 49 York student senate shall have a one-year term as he or she shall desig- 50 nate. Each subsequent appointment shall be for a term of one year. 51 3. A vacancy shall be deemed to occur immediately upon the appointment 52 or election of any member to an office that would disqualify him or her 53 for appointment to, or membership on, the commission. A vacancy occur- 54 ring for any reason other than by expiration of term shall be filled by 55 the appointing authority for the remainder of the unexpired term pursu- 56 ant to the provisions of this section.A. 243 6 1 4. The members of the commission shall designate one member to serve 2 as chairperson for a period of two years or until his or her term of 3 office expires, whichever period is shorter. 4 5. Each member of the commission shall be entitled to receive his or 5 her actual and necessary expenses incurred in the discharge of his or 6 her duties. 7 6. Seven members of the commission shall constitute a quorum. 8 § 6203-b. Functions of the commission. 1. The commission shall: 9 (a) Consider and evaluate the qualifications of candidates for 10 appointment to the city university of New York board of trustees and, as 11 vacancies occur on such board, shall recommend to the governor and the 12 mayor of the city of New York, persons who by their character, temper- 13 ament, professional aptitude and experience are well qualified to be a 14 member of such board. Such qualifications shall include, but not be 15 limited to: (1) a baccalaureate degree as the minimum educational crite- 16 ria; (2) familiarity with addressing policy issues in a unionized envi- 17 ronment; (3) understanding of public sector intergovernmental relations 18 as they relate to higher education institutions; (4) understanding of 19 and familiarity with the kinds of issues arising in large complex organ- 20 izations; (5) current interest in the institution; (6) a commitment to 21 public higher education; (7) a general background that would allow them 22 to make decisions in the best interests of the institution; (8) an abil- 23 ity to recognize the sometimes ambiguous distinction between management 24 and governance; and (9) an actual and perceived independence from poli- 25 tical interference in the governance of the institution. 26 (b) Establish procedures to assure that persons who may be well quali- 27 fied for appointment to the city university of New York board of trus- 28 tees, other than those who have requested consideration or who have been 29 recommended for consideration by others be encouraged to agree to be 30 considered by the commission. 31 (c) Require the production of any books, records, documents or other 32 evidence that it may deem relevant or material to its evaluation of 33 candidates. 34 (d) Require from any court, department, division, board, bureau, 35 commission, or other agency of the state or political subdivision there- 36 of or any public authority such assistance, information and data, as 37 will enable it properly to evaluate the qualifications of candidates. 38 (e) Require the appearance of any candidate before it and interview 39 any person concerning the qualifications of any candidate. 40 (f) Communicate with the governor concerning the qualifications of any 41 candidate whom it has recommended to the governor and communicate with 42 the senate concerning the qualifications of any candidate appointed by 43 the governor. 44 (g) Communicate with the mayor of the city of New York concerning the 45 qualifications of any candidate whom it has recommended to the mayor of 46 the city of New York, and communicate with the senate concerning the 47 qualifications of any candidate appointed by the mayor of the city of 48 New York. 49 (h) Do all other things necessary and convenient to carry out its 50 functions pursuant to this article. 51 2. Recommendations to the governor shall require the concurrence of a 52 quorum of the commission. The recommendations to the governor shall be 53 transmitted to the governor in a single written report, which shall be 54 released to the public by the commission at the time it is submitted to 55 the governor. The report shall be in writing, signed only by the chair- 56 person, and shall include the commission's findings relating to theA. 243 7 1 character, temperament, professional aptitude, experience, qualifica- 2 tions and fitness of each candidate who is recommended to the governor. 3 3. Recommendations to the mayor of the city of New York shall require 4 the concurrence of a quorum of the commission. Recommendations to the 5 mayor of the city of New York shall be transmitted to the mayor of the 6 city of New York in a single written report, which shall be released to 7 the public by the commission at the time it is submitted to the mayor of 8 the city of New York. The report shall be in writing, signed only by 9 the chairperson, and shall include the commission's findings relating to 10 the character, temperament, professional aptitude, experience, quali- 11 fications and fitness of each candidate who is recommended to the mayor 12 of the city of New York. 13 4. No person shall be recommended to the governor or the mayor of the 14 city of New York who has not consented to be a candidate, who has not 15 been personally interviewed by a quorum of the membership of the commis- 16 sion as provided for in subdivision six of section sixty-two hundred 17 three-a of this article, and who has not filed a financial statement 18 with the commission, on a form to be prescribed by the commission. The 19 financial statement shall consist of a sworn statement of the candi- 20 date's assets, liabilities and sources of income, and any other relevant 21 financial information, which the commission may require. The commission 22 shall transmit to the governor the financial statement filed by each 23 candidate who is recommended to the governor. The governor shall make 24 available to the public the financial statement filed by the candidate 25 who is appointed to fill a vacancy. The financial statements filed by 26 all other candidates recommended to the governor, but not appointed by 27 him or her shall be confidential. The commission shall transmit to the 28 mayor of the city of New York the financial statement filed by each 29 candidate who is recommended to the mayor of the city of New York. The 30 mayor of the city of New York shall make available to the public the 31 financial statement filed by the candidate who is appointed to fill a 32 vacancy. The financial statements filed by all other candidates recom- 33 mended to the mayor of the city of New York, but not appointed by him or 34 her shall be confidential. 35 § 6203-c. Rules of the commission. 1. The commission shall adopt, and 36 may amend, written rules of procedure not inconsistent with law. 37 2. Rules of the commission shall be filed with the chancellor of the 38 city university of New York and shall be published in the official 39 compilation of codes, rules and regulations of the city and the adminis- 40 trative code of the city of New York. Upon request of any person, the 41 chancellor of the city university of New York shall furnish a copy of 42 the commission's rules without charge. 43 3. Rules of the commission may prescribe forms and questionnaires to 44 be completed and, if required by the commission, verified by candidates. 45 4. Rules of the commission shall provide that upon the completion by 46 the commission of its consideration and evaluation of the qualifications 47 of a candidate, there shall be no reconsideration of such candidate for 48 the vacancy for which he or she was considered, except with the concur- 49 rence of a quorum of the commission. 50 § 6203-d. Confidentiality of proceedings and records. 1. All communi- 51 cations to the commission, and its proceedings, and all applications, 52 correspondence, interviews, transcripts, reports and all other papers, 53 files and records of the commission shall be confidential and privileged 54 and, except for the purposes of article two hundred ten of the penal 55 law, shall not be made available to any person except as otherwise 56 provided in this article.A. 243 8 1 2. The governor and the mayor of the city of New York shall have 2 access to all papers and information relating to persons recommended to 3 him or her by the commission. The senate shall have access to all papers 4 and information relating to the person appointed by the governor and the 5 mayor of the city of New York to fill a vacancy. All information that is 6 not publicly disclosed in accordance with subdivisions two, three and 7 four of section sixty-two hundred three-b of this article, or disclosed 8 in connection with the senate's confirmation of the appointment, shall 9 remain confidential and privileged, except for the purposes of article 10 two hundred ten of the penal law. 11 3. The members of the commission shall not publicly divulge the names 12 of, or any information concerning, any candidate except as otherwise 13 provided in this article. 14 § 6. Paragraph (a) of subdivision 2 of section 6204 of the education 15 law, as added by chapter 305 of the laws of 1979, is amended to read as 16 follows: 17 (a) The board of trustees shall consist of seventeen trustees. Ten of 18 the trustees shall be appointed by the governor with the advice and 19 consent of the senate; provided, however, that no such trustees shall be 20 an employee of, or under the supervision of, any of such appointing 21 authorities. Five of the trustees shall be appointed by the mayor of 22 the city of New York with the advice and consent of the senate; 23 provided, however, that no such trustee shall be an employee of, or 24 under the supervision of, any of such appointing authorities. The senate 25 upon receiving the governor's nomination of a trustee to be considered 26 for confirmation shall consult with the chair of the senate higher 27 education committee and shall publicize its consideration of said nomi- 28 nee. The senate shall vote to confirm the nominee no earlier than twen- 29 ty-one days after the nominee's consideration has been publicized. One 30 ex-officio trustee shall be the chairperson of the university student 31 senate. One ex-officio non-voting trustee shall be the chairperson of 32 the university faculty senate. Such trustees, except the chairperson of 33 the university student senate, ex-officio, and the chairperson of the 34 faculty senate, ex-officio, must be recommended and approved by the city 35 university of New York's independent commission on board of trustees 36 nominations. 37 § 7. Section 6301 of the education law is amended by adding five new 38 subdivisions 7, 8, 9, 10 and 11 to read as follows: 39 7. "Commissions." The state university of New York's community college 40 independent commission on local board of trustees nominations. 41 8. "Regional commissions." The state university of New York's regional 42 community college independent commissions on local board of trustees 43 nominations. 44 9. "Candidate." A person who has requested that the commission or the 45 regional commission consider his or her qualifications to serve on the 46 local board of trustees of a state university of New York community 47 college or regional community college; or (a) who has been recommended 48 for consideration by the commission or regional commission by another 49 person, including a community or professional organization; or (b) who 50 has agreed to be considered by the commission or regional commission at 51 such commission's request. 52 10. "Local appointing authority." The local legislative body or board, 53 or other appropriate governing agency authorized to appoint members to a 54 state university community college board of trustees pursuant to section 55 sixty-three hundred six of this article.A. 243 9 1 11. "Regional appointing authority." The regional legislative body or 2 board, or other appropriate governing agency authorized to appoint 3 members to a state university regional community college board of trus- 4 tees pursuant to section sixty-three hundred ten of this article. 5 § 8. The education law is amended by adding four new sections 6306-a, 6 6306-b, 6306-c and 6306-d to read as follows: 7 § 6306-a. Organization of the commissions. 1. For each community 8 college, excluding those in the city of New York except for the fashion 9 institute of technology, there is hereby established a state university 10 of New York community college independent commission on local board of 11 trustees nominations. Each commission shall consist of eleven members of 12 whom four shall be appointed by the governor, five members shall be 13 appointed by the local appointing authority, one member appointed by the 14 president of the faculty council of community colleges, and one member 15 elected by and from among the students of the college. Of the four 16 members appointed by the governor, no more than two shall be enrolled in 17 the same political party and two of such members shall be graduates of 18 the state university system. Of the five members appointed by the local 19 appointing authority no more than three shall be enrolled in the same 20 political party. No member of a commission shall hold any elected public 21 office or office in any political party or shall be an employee of or 22 under the supervision of any person who holds such elected public office 23 or office of a political party. No member of a commission shall serve in 24 any public or political office within one year of the member's period of 25 service. The members of each commission shall be residents of the state. 26 2. Of the members first appointed by the governor, two members shall 27 have a two-year term and two members shall have a three-year term as he 28 or she shall designate. Of the members first appointed by the local 29 appointing authority, two members shall be appointed for a two-year 30 term, two members shall be appointed for a three-year term and one 31 member shall be appointed for a four-year term, as such local appointing 32 authority shall designate. Each subsequent appointment by the governor 33 and the local appointing authority shall serve a term for four years. 34 The member first appointed by the president of the faculty council of 35 community colleges shall serve a two-year term. Each subsequent appoint- 36 ment by the president of the faculty council shall be for a term of four 37 years. The member first elected by and from among the students of the 38 college shall serve a one-year term. Each subsequent term for the 39 elected member shall be a one-year term. 40 3. A vacancy shall be deemed to occur immediately upon the appointment 41 or election of any member to an office that would disqualify him or her 42 for appointment to, or membership on, a commission. A vacancy occurring 43 for any reason other than by expiration of term shall be filled by the 44 appointing authority for the remainder of the unexpired term pursuant to 45 the provisions of this section. 46 4. The members of a commission shall designate one member to serve as 47 chairperson for a period of two years or until his or her term of office 48 expires, whichever period is shorter. 49 5. Each member of a commission shall be entitled to receive his or her 50 actual and necessary expenses incurred in the discharge of his or her 51 duties. 52 6. Seven members of a commission shall constitute a quorum. 53 § 6306-b. Functions of the commissions. 1. Each commission shall: 54 (a) Consider and evaluate the qualifications of candidates for 55 appointment to their state university community college local board of 56 trustees and, as vacancies occur on a local board, shall recommend toA. 243 10 1 the governor and local appointing authority persons who by their charac- 2 ter, temperament, professional aptitude and experience are well quali- 3 fied to be a member of such state university community college local 4 board of trustees. Such qualifications shall include, but not be limited 5 to: (1) a baccalaureate degree as the minimum educational criteria; (2) 6 familiarity with addressing policy issues in a unionized environment; 7 (3) understanding of public sector intergovernmental relations as they 8 relate to higher education institutions; (4) understanding of and famil- 9 iarity with the kinds of issues arising in large complex organizations; 10 (5) current interest in the institution; (6) a commitment to public 11 higher education; (7) a general background that would allow them to make 12 decisions in the best interests of the institution; (8) an ability to 13 recognize the sometimes ambiguous distinction between management and 14 governance; and (9) an actual and perceived independence from political 15 interference in the governance of the institution. 16 (b) Establish procedures to assure that persons who may be well quali- 17 fied for appointment to a state university community college local board 18 of trustees, other than those who have requested consideration or who 19 have been recommended for consideration by others be encouraged to agree 20 to be considered by the commission. 21 (c) Require the production of any books, records, documents or other 22 evidence that it may deem relevant or material to its evaluation of 23 candidates. 24 (d) Require from any court, department, division, board, bureau, 25 commission, or other agency of the state, local government or munici- 26 pality, or political subdivision thereof or any public authority such 27 assistance, information and data, as will enable it properly to evaluate 28 the qualifications of candidates. 29 (e) Require the appearance of any candidate before it and interview 30 any person concerning the qualifications of any candidate. 31 (f) Communicate with the governor concerning the qualifications of any 32 candidate whom it has recommended to the governor and communicate with 33 the senate concerning the qualifications of any candidate appointed by 34 the governor. 35 (g) Communicate with the local appointing authority concerning the 36 qualifications of any candidate whom it has recommended to the local 37 appointing authority. 38 (h) Do all other things necessary and convenient to carry out its 39 functions pursuant to this article. 40 2. A recommendation to the governor shall require the concurrence of a 41 quorum of a commission. The recommendations to the governor shall be 42 transmitted to the governor in a single written report, which shall be 43 released to the public by the commission at the time it is submitted to 44 the governor. The report shall be in writing, signed only by the chair- 45 person, and shall include the commission's findings relating to the 46 character, temperament, professional aptitude, experience, qualifica- 47 tions and fitness of each candidate who is recommended to the governor. 48 3. A recommendation to a local appointing authority shall require the 49 concurrence of a quorum of a commission. Recommendations to a local 50 appointing authority shall be transmitted to the local appointing 51 authority in a single written report, which shall be released to the 52 public by the commission at the time it is submitted to the local 53 appointing authority. The report shall be in writing, signed only by the 54 chairperson, and shall include the commission's findings relating to the 55 character, temperament, professional aptitude, experience, qualifica-A. 243 11 1 tions and fitness of each candidate who is recommended to the local 2 appointing authority. 3 4. No person shall be recommended to the governor or a local appoint- 4 ing authority who has not consented to be a candidate, who has not been 5 personally interviewed by a quorum of the membership of a commission as 6 provided in subdivision six of section sixty-three hundred six-a of this 7 article, and who has not filed a financial statement with a commission, 8 on a form to be prescribed by the commission. The financial statement 9 shall consist of a sworn statement of the candidate's assets, liabil- 10 ities and sources of income, and any other relevant financial informa- 11 tion, which a commission may require. Each commission shall transmit to 12 the governor the financial statement filed by each candidate who is 13 recommended to the governor. The governor shall make available to the 14 public the financial statement filed by the candidate who is appointed 15 to fill a vacancy. The financial statements filed by all other candi- 16 dates recommended to the governor, but not appointed by him or her shall 17 be confidential. The commission shall transmit to the local appointing 18 authority the financial statement filed by each candidate who is recom- 19 mended to the local appointing authority. The local appointing authority 20 shall make available to the public the financial statement filed by the 21 candidate who is appointed to fill a vacancy. The financial statements 22 filed by all other candidates recommended to the local appointing 23 authority, but not appointed by such authority, shall be confidential. 24 § 6306-c. Rules of the commissions. 1. Each commission shall adopt, 25 and may amend, written rules of procedure not inconsistent with law. 26 2. Rules of each commission shall be filed with the chancellor of the 27 state university of New York and shall be published in the official 28 compilation of codes, rules and regulations of the state. Upon request 29 of any person, the chancellor of the state university of New York shall 30 furnish a copy of any commission's rules without charge. 31 3. Rules of each commission may prescribe forms and questionnaires to 32 be completed and, if required by any commission, verified by candidates. 33 4. Rules of each commission shall provide that upon the completion by 34 the commission of its consideration and evaluation of the qualifications 35 of a candidate, there shall be no reconsideration of such candidate for 36 the vacancy for which he or she was considered, except with the concur- 37 rence of a quorum of the commission. 38 § 6306-d. Confidentiality of proceedings and records. 1. All communi- 39 cations to each commission, and their proceedings, and all applications, 40 correspondence, interviews, transcripts, reports and all other papers, 41 files and records of each commission shall be confidential and privi- 42 leged and, except for the purposes of article two hundred ten of the 43 penal law, shall not be made available to any person except as otherwise 44 provided in this article. 45 2. The governor shall have access to all papers and information relat- 46 ing to candidates recommended to him or her by each commission. A local 47 appointing authority shall have access to all papers and information 48 relating to candidates recommended to it by a commission. All informa- 49 tion that is not publicly disclosed in accordance with subdivisions two, 50 three and four of section sixty-three hundred six-b of this article, 51 shall remain confidential and privileged, except for the purposes of 52 article two hundred ten of the penal law. 53 3. The members of each commission shall not publicly divulge the names 54 of, or any information concerning, any candidate except as otherwise 55 provided in this article.A. 243 12 1 § 9. Subdivision 1 of section 6306 of the education law, as amended by 2 chapter 268 of the laws of 2003, is amended to read as follows: 3 1. Each community college, except in the city of New York, shall be 4 administered by a board of trustees of ten members, nine of whom shall 5 be appointed for terms of seven years in annual rotation, and one member 6 elected as herein provided, except that initial appointments shall be 7 made for terms of one to nine years respectively. Five members shall be 8 appointed by the local legislative body or board, or other appropriate 9 governing agency[, one of whom may be a member of such local legislative10body or board, or other appropriate governing agency, four,]; provided, 11 however, that such trustees, except the one member elected by and from 12 among the students of the college, have been approved by the state 13 university of New York's community college independent commission on 14 local board of trustees nominations. No such trustee, except the one 15 member elected by and from among the students of the college, shall be 16 an employee of, or under the supervision of, any of such appointing 17 authorities. Four members shall be appointed from among persons residing 18 in the sponsoring community, by the governor [and one]; provided, howev- 19 er, that such trustees, except the one member elected by and from among 20 the students of the college, have been approved by the state university 21 of New York's community college independent commission on local board of 22 trustees nominations. No such trustee, except the one member elected by 23 and from among the students of the college, shall be an employee of, or 24 under the supervision of, any of such appointing authorities. One member 25 shall be elected by and from among the students of the college who shall 26 serve as a member of the board for a one-year term, provided, however, 27 that the term of the student member first elected shall be nine months 28 commencing October first, nineteen hundred seventy-five. The student 29 member shall be afforded the same parliamentary privileges as are 30 conferred upon voting members, including but not limited to the right to 31 make and second motions and to place items on the agenda. Such student 32 member shall be subject to every provision of any general, special or 33 local law, ordinance, charter, code, rule or regulation applying to the 34 members of such board with respect to the discharge of their duties 35 including, but not limited to, those provisions setting forth codes of 36 ethics, disclosure requirements and prohibiting business and profes- 37 sional activities. The election of the student member shall be conducted 38 in accordance with rules and regulations promulgated by the respective 39 representative campus student association in accordance with guidelines 40 established by the state university trustees. In the event that the 41 student member ceases to be a student at the institution, he shall be 42 required to resign. The governor's initial appointments shall be for 43 terms of two, four, six and eight years respectively and those by local 44 authorities for terms of one, three, five, seven and nine years respec- 45 tively. Vacancies shall be filled for unexpired terms in the same manner 46 as original selections by the authority responsible for the original 47 selection. The board shall select its own [chairman] chairperson from 48 among its voting membership. Where two or more local sponsors join in 49 the establishment of a community college, the apportionment of the 50 appointments among them shall be made by the state university trustees. 51 Trustees shall receive no compensation for their services but shall be 52 reimbursed for their expenses actually and necessarily incurred by them 53 in the performance of their duties under this article. Members initially 54 appointed or elected under this subdivision to the board of trustees of 55 any community college hereafter established shall take office immediate- 56 ly upon their selection and qualification, but for purposes of determin-A. 243 13 1 ing the expiration of their respective terms and the commencement of the 2 terms of their successors, the term of office of each such initial 3 member shall be deemed to have commenced on the first day of July of the 4 year in which such college was established. The terms of office of all 5 members of the boards of trustees of community colleges heretofore 6 established, appointed or elected as provided in this subdivision, shall 7 terminate on the thirtieth day of June of the calendar year within which 8 such terms expire under the provisions of this subdivision as hereby 9 amended. For the purpose of determining such year all initial terms of 10 office of appointed members of the boards of trustees of community 11 colleges heretofore established shall be deemed to have commenced on the 12 first day of July of the year in which such colleges were established 13 and the terms of their successors for full terms, if any, shall be 14 deemed to have commenced upon the expiration of the number of years from 15 such date for which such initial appointments were made. 16 The one member elected by and from among the students of the college 17 may be removed by such students in accordance with rules and regulations 18 promulgated by the respective representative campus student association 19 in accordance with guidelines promulgated by the state university trus- 20 tees. In the case of community colleges in the city of New York the year 21 in which any such college was established for the purposes of this 22 subdivision shall mean the year in which it was or may be determined 23 that its board of trustees be appointed and serve in the manner provided 24 by this subdivision. 25 The provisions of this subdivision shall not apply to community 26 college regional boards of trustees. 27 § 10. The education law is amended by adding four new sections 6310-a, 28 6310-b, 6310-c and 6310-d to read as follows: 29 § 6310-a. Organization of regional commissions. 1. For each community 30 college region and community college sponsored by such region, there is 31 hereby established a state university of New York regional community 32 college independent commission on local board of trustees nominations. 33 Each commission shall consist of eleven members of whom four shall be 34 appointed by the governor, five members shall be appointed by the 35 regional appointing authority, one member appointed by the president of 36 the faculty council of community colleges and one member elected by and 37 from among the students of the college. Of the four members appointed by 38 the governor, no more than two shall be enrolled in the same political 39 party and two of such members shall be graduates of the state university 40 system. Of the five members appointed by the regional appointing author- 41 ity no more than three shall be enrolled in the same political party. No 42 member of a regional commission shall hold any elected public office or 43 office in any political party or shall be an employee of or under the 44 supervision of any person who holds such elected public office or office 45 of a political party. No member of a regional commission shall serve in 46 any public or political party. No member of a regional commission shall 47 serve in any public or political office within one year of the member's 48 period of service. The members of each regional commission shall be 49 residents of the state. 50 2. Of the members first appointed by the governor, two members shall 51 serve a two-year term and two members shall serve a three-year term as 52 he or she shall designate. Of the members first appointed by the 53 regional appointing authority, two members shall serve a two-year term, 54 two members shall serve a three-year term and one member shall serve a 55 four-year term, as such local appointing authority shall designate. Each 56 subsequent appointment by the governor and the regional appointingA. 243 14 1 authority shall be for a term of four years. The member first appointed 2 by the president of the faculty council of community colleges shall 3 serve a two-year term. Each subsequent appointment by the president of 4 the faculty council shall serve for a term of four years. The member 5 first elected by and from among the students of the college shall serve 6 a one-year term. Each subsequent term for the elected member shall be a 7 one-year term. 8 3. A vacancy shall be deemed to occur immediately upon the appointment 9 or election of any member to an office that would disqualify him or her 10 for appointment to, or membership on, a regional commission. A vacancy 11 occurring for any reason other than by expiration of term shall be 12 filled by the regional appointing authority for the remainder of the 13 unexpired term pursuant to the provisions of this section. 14 4. The members of each regional commission shall designate one member 15 to serve as chairperson for a period of two years or until his or her 16 term of office expires, whichever period is shorter. 17 5. Each member of a regional commission shall be entitled to receive 18 his or her actual and necessary expenses incurred in the discharge of 19 his or her duties. 20 6. Seven members of a regional commission shall constitute a quorum. 21 § 6310-b. Functions of regional commissions. 1. Each regional commis- 22 sion: 23 (a) Shall consider and evaluate the qualifications of candidates for 24 appointment to their state university regional community college local 25 board of trustees and, as vacancies occur on a regional local board, 26 shall recommend to the governor and regional appointing authority 27 persons who by their character, temperament, professional aptitude and 28 experience are well qualified to be a member of such state university 29 regional community college local board of trustees. Such qualifications 30 shall include, but not be limited to: (1) a baccalaureate degree as the 31 minimum educational criteria; (2) familiarity with addressing policy 32 issues in a unionized environment; (3) understanding of public sector 33 intergovernmental relations as they relate to higher education insti- 34 tutions; (4) understanding of and familiarity with the kinds of issues 35 arising in large complex organizations; (5) current interest in the 36 institution; (6) a commitment to public higher education; (7) a general 37 background that would allow them to make decisions in the best interests 38 of the institution; (8) an ability to recognize the sometimes ambiguous 39 distinction between management and governance; and (9) an actual and 40 perceived independence from political interference in the governance of 41 the institution. 42 (b) Establish procedures to assure that persons who may be well quali- 43 fied for appointment to a state university regional community college 44 local board of trustees, other than those who have requested consider- 45 ation or who have been recommended for consideration by others, are 46 encouraged to agree to be considered by the regional commission. 47 (c) Require the production of any books, records, documents or other 48 evidence that it may deem relevant or material to its evaluation of 49 candidates. 50 (d) Require from any court, department, division, board, bureau, 51 commission, or other agency of the state, local government or munici- 52 pality, or political subdivision thereof or any public authority such 53 assistance, information and data, as will enable it properly to evaluate 54 the qualifications of candidates. 55 (e) Require the appearance of any candidate before it and interview 56 any person concerning the qualifications of any candidate.A. 243 15 1 (f) Communicate with the governor concerning the qualifications of any 2 candidate whom it has recommended to the governor and communicate with 3 the senate concerning the qualifications of any candidate appointed by 4 the governor. 5 (g) Communicate with the regional appointing authority concerning the 6 qualifications of any candidate whom it has recommended to the regional 7 appointing authority. 8 (h) Do all other things necessary and convenient to carry out its 9 functions pursuant to this article. 10 2. A recommendation to the governor shall require the concurrence of a 11 quorum of a regional commission. The recommendations to the governor 12 shall be transmitted to the governor in a single written report, which 13 shall be released to the public by the commission at the time it is 14 submitted to the governor. The report shall be in writing, signed only 15 by the chairperson, and shall include the commission's findings relating 16 to the character, temperament, professional aptitude, experience, quali- 17 fications and fitness of each candidate who is recommended to the gover- 18 nor. 19 3. A recommendation to a regional appointing authority shall require 20 the concurrence of a quorum of a regional commission. Recommendations to 21 a regional appointing authority shall be transmitted to the regional 22 appointing authority in a single written report, which shall be released 23 to the public by the regional commission at the time it is submitted to 24 the regional appointing authority. The report shall be in writing, 25 signed only by the chairperson, and shall include the regional commis- 26 sion's findings relating to the character, temperament, professional 27 aptitude, experience, qualifications and fitness of each candidate who 28 is recommended to a regional appointing authority. 29 4. No person shall be recommended to the governor or a regional 30 appointing authority who has not consented to be a candidate, who has 31 not been personally interviewed by a quorum of the membership of a 32 regional commission as provided for by subdivision six of section 33 sixty-three hundred ten-a of this article, and who has not filed a 34 financial statement with a regional commission, on a form to be 35 prescribed by the regional commission. The financial statement shall 36 consist of a sworn statement of the candidate's assets, liabilities and 37 sources of income, and any other relevant financial information, which a 38 regional commission may require. Each regional commission shall transmit 39 to the governor the financial statement filed by each candidate who is 40 recommended to the governor. The governor shall make available to the 41 public the financial statement filed by the candidate who is appointed 42 to fill a vacancy. The financial statements filed by all other candi- 43 dates recommended to the governor, but not appointed by him or her shall 44 be confidential. The regional commission shall transmit to the regional 45 appointing authority the financial statement filed by each candidate who 46 is recommended to the regional appointing authority. The regional 47 appointing authority shall make available to the public the financial 48 statement filed by the candidate who is appointed to fill a vacancy. The 49 financial statements filed by all other candidates recommended to the 50 regional appointing authority, but not appointed by such authority, 51 shall be confidential. 52 § 6310-c. Rules of regional commissions. 1. Each regional commission 53 shall adopt, and may amend, written rules of procedure not inconsistent 54 with law. 55 2. Rules of each regional commission shall be filed with the chancel- 56 lor of the state university of New York and shall be published in theA. 243 16 1 official compilation of codes, rules and regulations of the state. Upon 2 request of any person, the chancellor of the state university of New 3 York shall furnish a copy of any regional commission's rules without 4 charge. 5 3. Rules of each regional commission may prescribe forms and question- 6 naires to be completed and, if required by any regional commission, 7 verified by candidates. 8 4. Rules of each regional commission shall provide that upon the 9 completion by the regional commission of its consideration and evalu- 10 ation of the qualifications of a candidate, there shall be no reconsid- 11 eration of such candidate for the vacancy for which he or she was 12 considered, except with the concurrence of a quorum of the regional 13 commission. 14 § 6310-d. Confidentiality of proceedings and records. 1. All communi- 15 cations to each regional commission, and their proceedings, and all 16 applications, correspondence, interviews, transcripts, reports and all 17 other papers, files and records of each regional commission shall be 18 confidential and privileged and, except for the purposes of article two 19 hundred ten of the penal law, shall not be made available to any person 20 except as otherwise provided in this article. 21 2. The governor shall have access to all papers and information relat- 22 ing to candidates recommended to him or her by each regional commission. 23 A regional appointing authority shall have access to all papers and 24 information relating to candidates recommended to it by a regional 25 commission. All information that is not publicly disclosed in accordance 26 with subdivisions two, three and four of section sixty-three hundred 27 ten-b of this article, shall remain confidential and privileged, except 28 for the purposes of article two hundred ten of the penal law. 29 3. The members of each regional commission shall not publicly divulge 30 the names of, or any information concerning, any candidate except as 31 otherwise provided in this article. 32 § 11. Subdivision 1 of section 6310 of the education law, as amended 33 by chapter 268 of the laws of 2003, is amended to read as follows: 34 1. Each community college region and community college sponsored by 35 such region shall be administered by a single board of trustees of four- 36 teen members, thirteen of whom shall be appointed for terms of seven 37 years, as set forth in this subdivision, and one member elected as here- 38 in provided, except that initial appointments shall be made for terms of 39 one to nine years respectively. Seven members shall be appointed by the 40 local legislative bodies or boards of those counties eligible to appoint 41 members to the community college regional board of trustees; provided, 42 however, that such trustees, except the one member elected by and from 43 among the students of the college, have been recommended and approved by 44 the state university of New York's regional independent commission on 45 local board of trustees nominations. No such trustee, except the one 46 member elected by and from among the students of the college, shall be 47 an employee of, or under the supervision of such appointing authorities. 48 [The seven locally appointed members of such board may include one49member from the local legislative body or board of each county eligible50to appoint members to the community college regional board of trustees.] 51 Membership in a community college regional board of trustees shall be 52 apportioned among the counties participating in such board in accordance 53 with the number of full-time equivalent students attending a community 54 college sponsored by such regional board who are residents of the 55 respective participating counties, and in accordance with such further 56 regulations as may be prescribed by the state university trustees. SixA. 243 17 1 members shall be appointed by the governor [and one]; provided, however, 2 that such trustees, except the one member elected by and from among the 3 students of the college, have been approved by the state university of 4 New York's regional community college independent commission on local 5 board of trustees nominations. No such trustee, except the one member 6 elected by and from among the students of the college, shall be an 7 employee of, or under the supervision of, any of such appointing author- 8 ities. One member shall be elected by and from among the students of the 9 college who shall serve as a member of the board for a one-year term, 10 provided, however, that the term of the student member first elected 11 shall be nine months commencing October first, nineteen hundred eighty- 12 four. The student member shall be afforded the same parliamentary privi- 13 leges as are conferred upon members, including but not limited to the 14 right to make and second motions and to place items on the agenda. Such 15 student member shall be subject to every provision of any general, 16 special or local law, ordinance, charter, code, rule or regulation 17 applying to the members of such board with respect to the discharge of 18 their duties including, but not limited to, those provisions setting 19 forth codes of ethics, disclosure requirements and prohibiting business 20 and professional activities. The election of the student member shall be 21 conducted in accordance with rules and regulations promulgated by the 22 respective representative campus student association in accordance with 23 guidelines established by the state university trustees. In the event 24 that the student member ceases to be a student at the institution, he 25 shall be required to resign. The governor's initial appointments shall 26 be as follows: (a) two individuals shall be appointed for terms of two 27 and four years respectively; (b) two individuals for terms of six years 28 and two individuals for terms of eight years. Appointments by local 29 authorities shall be as follows: (a) three individuals for terms of one, 30 three and five years, respectively; (b) two individuals for terms of 31 seven years, and two individuals for terms of nine years. Vacancies 32 shall be filled for unexpired terms in the same manner as original 33 selections by the authority responsible for the original selection. The 34 board shall select its own [chairman] chairperson from among its voting 35 membership. Trustees shall receive no compensation for their services 36 but shall be reimbursed for their expenses actually and necessarily 37 incurred by them in the performance of their duties under this article. 38 Members initially appointed or elected under this subdivision to any 39 community college regional board of trustees hereafter established shall 40 take office immediately upon their selection and qualification, but for 41 purposes of determining the expiration of their respective terms and the 42 commencement of the terms of their successors, the term of office of 43 each such initial member shall be deemed to have commenced on the first 44 day of July of the year in which such college was established. The terms 45 of office of all members of community college regional boards of trus- 46 tees heretofore established, appointed or elected as provided in this 47 subdivision, shall terminate on the thirtieth day of June of the calen- 48 dar year within which such terms expire under the provisions of this 49 subdivision as hereby amended. For the purpose of determining such year 50 all initial terms of office of appointed members of the community 51 college regional board of trustees heretofore established shall be 52 deemed to have commenced on the first day of July of the year in which 53 such community college regions were established and the terms of their 54 successors for full terms, if any, shall be deemed to have commenced 55 upon the expiration of the number of years from such date for which such 56 initial appointments were made.A. 243 18 1 The one member elected by and from among the students of the college 2 may be removed by such students in accordance with rules and regulations 3 promulgated by the respective representative campus student association 4 in accordance with guidelines promulgated by the state university trus- 5 tees. 6 § 12. This act shall take effect on the one hundred eightieth day 7 after it shall have become a law and shall apply to appointments made on 8 or after such effective date.
