Bill Text: NY A02050 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the education law, in relation to creating a committee on nominations to the boards of trustees of the state university of New York and the city university of New York
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2010-01-06 - referred to higher education [A02050 Detail]
Download: New_York-2009-A02050-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2050
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. LIFTON, DINOWITZ, EDDINGTON -- Multi-Sponsored by
-- M. of A. CAHILL, CYMBROWITZ, GLICK, HOOPER, JACOBS, MILLMAN,
PEOPLES, TOWNS -- read once and referred to the Committee on Higher
Education
AN ACT to amend the education law, in relation to creating a committee
on nominations to the boards of trustees of the state university of
New York and the city university of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 353 of the education law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. EVERY MEMBER OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY
4 SHALL, UPON INITIAL APPOINTMENT TO SUCH OFFICE, COMPLETE THE ORIENTATION
5 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTEEN
6 HUNDRED FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD OF
7 TRUSTEES OF THE STATE UNIVERSITY SHALL COMPLETE THE COMPREHENSIVE
8 CONTINUING EDUCATION PROGRAM, ESTABLISHED PURSUANT TO SUBDIVISION FIVE
9 OF SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN ACCORDANCE WITH THE
10 RULES AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES
11 NOMINATIONS.
12 S 2. The education law is amended by adding a new article 25 to read
13 as follows:
14 ARTICLE 25
15 COMMITTEE ON UNIVERSITY BOARDS OF
16 TRUSTEES NOMINATIONS
17 SECTION 1301. LEGISLATIVE INTENT.
18 1302. DEFINITIONS.
19 1303. COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS;
20 ESTABLISHED.
21 1304. POWERS AND DUTIES.
22 1305. RECOMMENDATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05153-01-9
A. 2050 2
1 1306. CANDIDATE QUALIFICATIONS.
2 1307. SUPPORT SERVICES.
3 1308. CONFLICT OF INTEREST.
4 S 1301. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS THAT THERE
5 HAS BEEN A NATIONWIDE TREND OF DECLINING QUALITY OF THE TRUSTEES OF
6 PUBLIC INSTITUTIONS OF HIGHER EDUCATION. SEVERAL STATES HAVE TAKEN
7 LEGISLATIVE OR EXECUTIVE ACTION TO ASSURE HIGHLY QUALIFIED APPOINTMENTS
8 TO THE BOARDS OF TRUSTEES FOR THEIR RESPECTIVE PUBLIC UNIVERSITIES AND
9 COLLEGES. SEVERAL STATES HAVE INITIATED EDUCATIONAL PROGRAMS FOR THEIR
10 TRUSTEES BOTH FOR ORIENTATION AND CONTINUING EDUCATION. IN ORDER TO
11 ASSURE THE CONTINUED SUCCESS AND HIGHEST STANDARDS OF PUBLIC HIGHER
12 EDUCATION IN THE STATE OF NEW YORK, THE LEGISLATURE HEREBY ESTABLISHES
13 THE COMMITTEE ON BOARDS OF TRUSTEES NOMINATIONS, AND ESTABLISHES A
14 MANDATORY ORIENTATION AND CONTINUING EDUCATION REQUIREMENT FOR MEMBERS
15 OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, CITY
16 UNIVERSITY OF NEW YORK AND THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
17 FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
18 S 1302. DEFINITIONS. AS USED IN THIS ARTICLE:
19 1. "CITY UNIVERSITY" SHALL MEAN THE CITY UNIVERSITY OF NEW YORK.
20 2. "COLLEGE" SHALL MEAN THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
21 FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
22 3. "COMMITTEE" SHALL MEAN THE COMMITTEE ON UNIVERSITY BOARDS OF TRUS-
23 TEES NOMINATIONS.
24 S 1303. COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS; ESTAB-
25 LISHED. 1. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT THE COMMITTEE
26 ON UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS. THE COMMITTEE SHALL
27 CONSIST OF TWELVE MEMBERS EACH APPOINTED FOR A TERM OF SIX YEARS
28 COMMENCING ON THE FIRST DAY OF DECEMBER. THE MEMBERS SHALL BE APPOINTED
29 AS FOLLOWS:
30 A. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
31 B. THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
32 SENATE;
33 C. THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
34 D. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
35 AND
36 E. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
37 BLY.
38 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
39 THE MEMBERS OF THE COMMITTEE WHOSE TERMS COMMENCE ON THE EFFECTIVE DATE
40 OF THIS ARTICLE SHALL BE APPOINTED FOR THE FOLLOWING TERMS:
41 A. TWO YEARS: ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE
42 SENATE, ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THE MEMBER
43 APPOINTED BY THE MINORITY LEADER OF THE SENATE AND THE MEMBER APPOINTED
44 BY THE MINORITY LEADER OF THE ASSEMBLY;
45 B. FOUR YEARS: TWO MEMBERS APPOINTED BY THE GOVERNOR, ONE MEMBER
46 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER
47 APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND
48 C. SIX YEARS: TWO MEMBERS APPOINTED BY THE GOVERNOR, ONE MEMBER
49 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER
50 APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
51 3. THE TERMS OF ALL MEMBERS OF THE COMMITTEE SHALL END ON THE THIRTI-
52 ETH DAY OF NOVEMBER IN THE YEAR THE MEMBER'S TERM EXPIRES. ALL SUCH
53 MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSOR IS APPOINTED
54 AND QUALIFIED. VACANCIES, OCCURRING OTHER THAN BY EXPIRATION OF THE TERM
55 OF A MEMBER OF THE COMMITTEE, SHALL BE FILLED FOR THE REMAINDER OF THE
A. 2050 3
1 UNEXPIRED TERM. THE MEMBERS OF THE COMMITTEE MAY BE REMOVED FROM OFFICE
2 PURSUANT TO ARTICLE THREE OF THE PUBLIC OFFICERS LAW.
3 4. THE MEMBERS OF THE COMMITTEE SHALL RECEIVE NO COMPENSATION FOR
4 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
5 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
6 S 1304. POWERS AND DUTIES. THE COMMITTEE SHALL HAVE THE FOLLOWING
7 POWERS AND DUTIES:
8 1. TO ESTABLISH ADDITIONAL QUALIFICATION CRITERIA FOR CANDIDATES FOR
9 THE BOARDS OF TRUSTEES OF THE STATE UNIVERSITY, CITY UNIVERSITY AND
10 COLLEGE;
11 2. DEVELOP A STATEMENT OF ALL CRITERIA TO BE APPLIED AND A DESCRIPTION
12 OF THE RESPONSIBILITIES AND DUTIES OF MEMBERS OF THE BOARDS OF TRUSTEES
13 OF THE STATE UNIVERSITY, CITY UNIVERSITY AND COLLEGE, AND DISTRIBUTE
14 SUCH STATEMENT AND DESCRIPTION TO PROSPECTIVE CANDIDATES FOR SUCH
15 MEMBERSHIP;
16 3. FOR EACH VACANT POSITION ON THE BOARDS OF TRUSTEES OF THE STATE
17 UNIVERSITY, CITY UNIVERSITY AND COLLEGE, IDENTIFY AND RECRUIT QUALIFIED
18 CANDIDATES FOR SUCH POSITION, BASED UPON THE BACKGROUND AND EXPERIENCE
19 OF THE CANDIDATE, AND THEIR POTENTIAL TO FULFILL THE RESPONSIBILITIES OF
20 A TRUSTEE;
21 4. DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY UNIVERSITY
22 AND COLLEGE, A COMPREHENSIVE ORIENTATION PROGRAM TO BE CONDUCTED BY EACH
23 SUCH INSTITUTION FOR TRUSTEES WHO ARE INITIALLY BEING APPOINTED TO THE
24 BOARD OF TRUSTEES. SUCH ORIENTATION PROGRAM SHALL INCLUDE, BUT NOT BE
25 LIMITED TO, PRESENTATION OF INFORMATION RELATING TO THE APPROPRIATE
26 INSTITUTION'S MISSION, BUDGET, PLANS, POLICIES, STRENGTHS AND WEAK-
27 NESSES; AND
28 5. DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY UNIVERSITY
29 AND COLLEGE, A COMPREHENSIVE CONTINUING EDUCATION PROGRAM TO BE
30 CONDUCTED BY EACH SUCH INSTITUTION FOR ALL ITS TRUSTEES.
31 S 1305. RECOMMENDATIONS. THE COMMITTEE SHALL SUBMIT THE NAMES OF THREE
32 CANDIDATES FOR EACH VACANCY ON THE BOARD OF TRUSTEES OF:
33 1. THE STATE UNIVERSITY OR THE COLLEGE TO THE GOVERNOR, AND
34 2. THE CITY UNIVERSITY TO THE MAYOR OF THE CITY OF NEW YORK.
35 THE GOVERNOR AND THE MAYOR OF THE CITY OF NEW YORK SHALL ONLY APPOINT
36 AS MEMBERS OF A BOARD OF TRUSTEES FROM THOSE CANDIDATES SUBMITTED BY THE
37 COMMITTEE.
38 S 1306. CANDIDATE QUALIFICATIONS. ALL CANDIDATES RECOMMENDED PURSUANT
39 TO SECTION THIRTEEN HUNDRED FIVE OF THIS ARTICLE SHALL HAVE THE FOLLOW-
40 ING QUALIFICATIONS:
41 1. GENERAL QUALIFICATIONS. ALL CANDIDATES RECOMMENDED BY THE COMMITTEE
42 SHALL POSSESS UNIMPEACHABLE PERSONAL INTEGRITY, INDEPENDENCE, A STRONG
43 COMMITMENT TO PUBLIC HIGHER EDUCATION, A WILLINGNESS TO DEVOTE THE
44 NECESSARY TIME AND ENERGY TO THE APPROPRIATE BOARD OF TRUSTEES, AND A
45 WILLINGNESS TO FOREGO ANY PARTISAN POLITICAL ACTIVITY THAT COULD BE
46 DISRUPTIVE OR HARMFUL TO THE INSTITUTION OF HIGHER EDUCATION.
47 2. SPECIFIC QUALIFICATIONS. ALL RECOMMENDED CANDIDATES SHALL HAVE:
48 A. EARNED A HIGHER EDUCATION DEGREE, WITH A PREFERENCE GRANTED TO
49 CANDIDATES WHOSE DEGREE WAS CONFERRED BY THE STATE UNIVERSITY OR THE
50 CITY UNIVERSITY;
51 B. DEMONSTRATED EXPERIENCE, EITHER VOLUNTARY OR COMPENSATED, IN PUBLIC
52 HIGHER EDUCATION;
53 C. DEMONSTRATED EXPERIENCE AS THE MEMBER OF A BOARD, COMMISSION OR
54 SIMILAR ENTITY;
55 D. DEMONSTRATED EXPERIENCE OR EDUCATION RELATED TO THE IDENTIFICATION,
56 INTERVIEWING AND SELECTION OF PERSONNEL;
A. 2050 4
1 E. EXPERIENCE OR EDUCATION SUFFICIENT TO ENABLE THE CANDIDATE TO
2 UNDERSTAND PUBLIC HIGHER EDUCATION FINANCE ISSUES;
3 F. MET THE REQUIREMENTS ESTABLISHED FOR THE APPROPRIATE BOARD OF TRUS-
4 TEES PURSUANT TO SECTION THREE HUNDRED FIFTY-THREE, SIX THOUSAND THREE
5 OR SIXTY-TWO HUNDRED FOUR OF THIS CHAPTER; AND
6 G. MET SUCH ADDITIONAL CRITERIA AS THE COMMITTEE SHALL ESTABLISH BY
7 RULE OR REGULATION.
8 S 1307. SUPPORT SERVICES. ALL EXPENSES OF THE COMMITTEE SHALL BE PAID
9 AND ALL SUPPORT NEEDED BY THE COMMITTEE SHALL BE PROVIDED BY THE STATE
10 UNIVERSITY AND THE CITY UNIVERSITY IN PROPORTION TO THE APPROPRIATIONS
11 MADE TO EACH SUCH UNIVERSITY.
12 S 1308. CONFLICT OF INTEREST. NO MEMBER OF THE BOARD OF TRUSTEES OF
13 THE STATE UNIVERSITY, CITY UNIVERSITY OR COLLEGE NOR ANY IMMEDIATE FAMI-
14 LY MEMBER THEREOF SHALL BE EMPLOYED FOR COMPENSATION AT ANY INSTITUTION
15 GOVERNED BY THE BOARD OF TRUSTEES OF WHICH SUCH MEMBER IS A MEMBER. WORK
16 STUDY AND OTHER FORMS OF WORK RELATING TO A BONA FIDE COURSE OF STUDY OR
17 FINANCIAL ASSISTANCE FOR SUCH COURSE OF STUDY SHALL NOT BE DEEMED TO BE
18 EMPLOYMENT FOR COMPENSATION FOR THE PURPOSES OF THIS SECTION.
19 S 3. Section 6003 of the education law is amended by adding a new
20 closing paragraph to read as follows:
21 EVERY MEMBER OF THE BOARD OF TRUSTEES SHALL, UPON INITIAL APPOINTMENT
22 TO SUCH OFFICE, COMPLETE THE ORIENTATION PROGRAM ESTABLISHED PURSUANT TO
23 SUBDIVISION FOUR OF SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER.
24 FURTHERMORE, EVERY MEMBER OF THE BOARD OF TRUSTEES SHALL COMPLETE THE
25 COMPREHENSIVE CONTINUING EDUCATION PROGRAM ESTABLISHED PURSUANT TO
26 SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN
27 ACCORDANCE WITH THE RULES AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY
28 BOARDS OF TRUSTEES NOMINATIONS.
29 S 4. Section 6204 of the education law is amended by adding a new
30 subdivision 4 to read as follows:
31 4. TRAINING OF TRUSTEES. EVERY MEMBER OF THE BOARD OF TRUSTEES SHALL,
32 UPON INITIAL APPOINTMENT TO SUCH OFFICE, COMPLETE THE ORIENTATION
33 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTEEN
34 HUNDRED FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD OF
35 TRUSTEES SHALL COMPLETE THE COMPREHENSIVE CONTINUING EDUCATION PROGRAM,
36 ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED
37 FOUR OF THIS CHAPTER, IN ACCORDANCE WITH THE RULES AND REGULATIONS OF
38 THE COMMITTEE.
39 S 5. This act shall take effect on the first of December next succeed-
40 ing the date on which it shall have become a law; provided, however, all
41 members of the committee on university boards of trustees nominations
42 shall be appointed pursuant to section 1303 of the education law, as
43 added by section two of this act, on or before such effective date.
