Bill Text: NY A02418 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the board of regents of the university of the state of New York.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2018-06-06 - held for consideration in education [A02418 Detail]

Download: New_York-2017-A02418-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2418
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced  by  M. of A. RA, LUPINACCI -- Multi-Sponsored by -- M. of A.
          LOPEZ -- read once and referred to the Committee on Education
        AN ACT to amend the education  law  and  the  public  officers  law,  in
          relation to the board of regents of the university of the state of New
          York
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1 and 2 of section 202 of the  education  law,
     2  subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi-
     3  sion  2  as amended by chapter 296 of the laws of 1984 and designated by
     4  chapter 892 of the laws of 1985, are amended to read as follows:
     5    1. The University of the State of New York shall be governed  and  all
     6  its corporate powers exercised by a board of regents the number of whose
     7  members  shall  at  all  times  be four more than the number of the then
     8  existing judicial districts of the state and  shall  not  be  less  than
     9  fifteen.   [The regents in office April first, nineteen hundred seventy-
    10  four shall hold office, in the order of their election, for  such  times
    11  that  the  term of one such regent will expire in each year on the first
    12  day of April.] Commencing April first,  nineteen  hundred  seventy-four,
    13  each  regent  shall be elected for a term of seven years, each such term
    14  to expire on the first day of April. Commencing on April first, nineteen
    15  hundred ninety-four, each regent shall be elected for  a  term  of  five
    16  years,  each  such term to expire on the first day of April.  Regents in
    17  office March thirty-first, two thousand seventeen, whose terms expire on
    18  April first, two thousand seventeen, shall hold office until their terms
    19  are filled as provided in this subdivision.  Commencing April first, two
    20  thousand seventeen, each regent shall be  elected  to  a  term  of  five
    21  years,  each  such  term  to expire on the last day of June. Each regent
    22  shall be elected by the legislature by  concurrent  resolution  [in  the
    23  preceding  March,  on  or  before  the first Tuesday of such month.  If,
    24  however, the legislature fails to agree on such concurrent resolution by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06727-01-7
        A. 2418                             2

     1  the first Tuesday of such month, then the two houses shall meet in joint
     2  session at noon on the second Tuesday of such month and proceed to elect
     3  such regent by joint ballot] on the  third  Tuesday  in  May,  provided,
     4  however,  that  such election shall be held on the second Tuesday in May
     5  if the speaker of the assembly and the temporary president of the senate
     6  certify no later than March first that such election would conflict with
     7  religious observances.   Such election shall be from  a  list  of  three
     8  names  submitted  by  the  commission on regent nomination not less than
     9  thirty days prior to the date chosen  for  the  election.  The  standing
    10  committees  on education and higher education of the senate and assembly
    11  shall conduct public hearings on the nominees submitted by  the  commis-
    12  sion at which nominees shall have the opportunity to be heard, and shall
    13  forward  to the full membership of each house one name for each seat for
    14  which nominees were submitted.  When the term of the regent  serving  as
    15  chancellor  shall  expire and such regent is nominated for another term,
    16  the education and higher education committees shall consider such  nomi-
    17  nee's  record  of  service  as  chancellor  as  well as his service as a
    18  regent.
    19    2. All vacancies in such office, either for full or  unexpired  terms,
    20  shall  be  so filled that there shall always be in the membership of the
    21  board of  regents  at  least  one  resident  of  each  of  the  judicial
    22  districts.  A vacancy in the office of regent for other cause than expi-
    23  ration  of  term of service shall be filled for the unexpired term by an
    24  election at the session of the legislature  immediately  following  such
    25  vacancy  in the manner prescribed in the preceding paragraph, unless the
    26  legislature is in session when such vacancy occurs, in  which  case  the
    27  vacancy  shall be filled by such legislature in the manner prescribed in
    28  the preceding paragraph, except as hereinafter  provided.  However,  [if
    29  such  vacancy  occurs  after  the  second  Tuesday in March and before a
    30  resolution to adjourn sine die has been adopted by  either  house,  then
    31  the  vacancy shall be filled by concurrent resolution, unless the legis-
    32  lature fails to agree on such concurrent resolution within three  legis-
    33  lative days after its passage by one house, in which case the two houses
    34  shall  meet  in  joint  session  at noon on the next legislative day and
    35  proceed to elect such regent by joint ballots; provided, however,  that]
    36  if  the vacancy occur after the adoption by either house of a resolution
    37  to adjourn sine die, then the  vacancy  shall  be  filled  at  the  next
    38  session  of  the  legislature  in the manner prescribed in the preceding
    39  paragraph.
    40    § 2. Section 203 of the education law is amended to read as follows:
    41    § 203. Officers. The [elective officers of the university shall  be  a
    42  chancellor  and  a  vice-chancellor  who shall serve without salary, and
    43  such other officers as are deemed necessary by the regents, all of whom]
    44  university shall be presided over by a chancellor and a  vice-chancellor
    45  who  shall  be designated from among the members of the board of regents
    46  by the governor with the advice and consent of the  senate.  They  shall
    47  serve  without  salary.  Additionally, such other officers as are deemed
    48  necessary by the regents shall be chosen by ballot by  the  regents  and
    49  shall  hold  office  during  their pleasure; but no election, removal or
    50  change of salary of an elective officer shall be made by [less than  six
    51  votes]    a  vote of less than a majority of the members of the board of
    52  regents in favor thereof. Each regent and each elective  officer  shall,
    53  before entering on his duties, take and file with the secretary of state
    54  the oath of office required of state officers.
    55    The  chancellor  shall preside at all convocations and at all meetings
    56  of the regents, and confer all degrees which they shall authorize.    In
        A. 2418                             3
     1  his  absence  or inability to act, the vice-chancellor, or if he be also
     2  absent, the senior regent present, shall perform all the duties and have
     3  all the powers of the chancellor.
     4    §  3.  Section  204 of the education law, as amended by chapter 317 of
     5  the laws of 2016, is amended to read as follows:
     6    § 204. Meetings and absences. [1. (a)] The  regents  may  provide  for
     7  regular  meetings [of the board of regents and any committee, subcommit-
     8  tee, task force, or other subgroups thereof. Notice of  time  and  place
     9  for  all regular public meetings of the board of regents and any commit-
    10  tee, subcommittee, task force,  or  other  subgroups  thereof  shall  be
    11  publicly  provided  at least seven days in advance of such meeting. Such
    12  notice of time, place and agenda shall be distributed  via  the  board's
    13  official  internet website and specifically distributed by United States
    14  postal service to all regents at their usual addresses and, if a meeting
    15  of a committee, subcommittee, task force, or other subgroups thereof, by
    16  such means, including but  not  limited  to  the  United  States  postal
    17  service  or electronic means, as determined by the committee, subcommit-
    18  tee, task force, or other subgroups thereof. An  agenda  for  a  regular
    19  public meeting of the board shall be comprised of a list of all items to
    20  be considered with a description of the subject matter of each such item
    21  and  shall  be  posted  at  least  three days in advance of the meeting;
    22  provided however, that in an instance of a health or public safety emer-
    23  gency, the board may include additional items to the  agenda  with  less
    24  than  three  days  notice.  In  an instance of a health or public safety
    25  emergency, the board shall use best efforts to make public  any  changes
    26  to  the agenda prior to the regular meeting. The notice and agenda shall
    27  be considered a public record.
    28    (b) The], and  the  chancellor,  or  the  commissioner,  or  any  five
    29  regents,  may at any time call a special meeting of the board of regents
    30  and fix the time and place therefor[. Notice of time, place  and  agenda
    31  for all special public meetings of the board of regents shall be public-
    32  ly  provided at least three days in advance of such meeting. Such notice
    33  of time, place and agenda shall be distributed via the board's  official
    34  internet  website and specifically circulated according to the rules and
    35  regulations of the regents to all regents. The board of regents  special
    36  public  meeting  agenda  shall be comprised of a list of all items to be
    37  considered with a description of the subject matter of each  such  item;
    38  provided however, that in an instance of a health or public safety emer-
    39  gency,  the  board  may include additional items to the agenda with less
    40  than three days notice. In an instance of  a  health  or  public  safety
    41  emergency,  the  board shall use best efforts to make public any changes
    42  to the agenda prior to the special meeting. The notice and agenda  shall
    43  be considered a public record.
    44    2.  Any  meeting of the board of regents and any committee, subcommit-
    45  tee, task force, or  other  subgroups  thereof  shall  be  conducted  in
    46  accordance with article seven of the public officers law.
    47    3.  A  summary of committee reports, any other minutes, and attendance
    48  of the board of regents for either regular or special meetings shall  be
    49  electronically available on the board of regents website at the close of
    50  each  board  meeting  and shall be considered a public record. The video
    51  recording of any regular full board meeting shall  be  posted  no  later
    52  than five days following the meeting of the board. Any meeting summaries
    53  and actions taken shall be posted on the board of regents website within
    54  five  days  of approval by the board. Information posted on the board of
    55  regents website shall remain on the site as archived data for a  minimum
    56  of ten years.
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     1    4.]; and at least ten days' notice of every meeting shall be mailed to
     2  the usual address of each regent. Meetings of the board of regents shall
     3  be  governed  by  sections one hundred through one hundred eleven of the
     4  public officers law relating to open meetings. A verbatim transcript  of
     5  each  meeting  shall  be  maintained. If any regent shall fail to attend
     6  three consecutive meetings, without excuse accepted as  satisfactory  by
     7  the  regents,  [that  regent]  he may be deemed to have resigned and the
     8  regents shall then report the vacancy to the  legislature,  which  shall
     9  fill it.
    10    § 4. Section 205 of the education law is amended to read as follows:
    11    §  205.   Quorum.  [Seven] A majority of the regents [attending] shall
    12  be a quorum for the transaction of business.
    13    § 5. The education law is amended by adding a  new  section  206-a  to
    14  read as follows:
    15    §  206-a.  Local  public  hearings.  Notwithstanding the provisions of
    16  section two hundred six of this article, each regent  shall  conduct  at
    17  least  one  public  hearing each year in his or her judicial district to
    18  solicit public comment on issues relevant to the board's role in setting
    19  education policy in the state. Regents elected at-large may conduct such
    20  hearings at any location within the state. Each regent  shall  submit  a
    21  report to the board on such hearing.
    22    §  6.  The  education  law is amended by adding a new section 206-b to
    23  read as follows:
    24    § 206-b. Education advisory committees. There  is  hereby  created  in
    25  each  judicial  district  an  education  advisory  committee to actively
    26  assist and advise the regent representing that judicial district in  the
    27  analysis  and  development  of  education policy in New York state. Each
    28  committee shall be broadly representative of the education community and
    29  shall consist of not less than eleven members who shall be residents  of
    30  the  judicial  district.  The  initial members of the advisory committee
    31  shall include a representative appointed by the New York State  Congress
    32  of Parents and Teachers, New York State United Teachers, National Educa-
    33  tion Association of New York, Council of School Superintendents, Confer-
    34  ence  of  Big  Five  School Districts, New York Library Association, New
    35  York State Catholic Conference, United Federation of Teachers,  Business
    36  Council  of  New York, School Boards Association, and the Association of
    37  Colleges and Universities of the State of New York. The advisory commit-
    38  tee may be expanded as necessary to incorporate other interests  in  the
    39  analysis  and  development  of education policy in New York state. Addi-
    40  tionally, each member of the senate and assembly may appoint one  member
    41  who shall be a resident of the judicial district in which the senator or
    42  assembly  member  lives.   Each advisory committee member shall serve at
    43  the pleasure of the legislator or entity which designated it.
    44    Members of the committee shall serve without compensation. The  regent
    45  from that judicial district shall serve as chair of the advisory commit-
    46  tee.
    47    Each  committee  shall  meet at least twice each year. At least thirty
    48  days notice of each meeting shall be given by  the  chair.  Such  notice
    49  shall  contain  the  time  and place of the public meeting. The chair of
    50  each committee shall submit a report annually on the work of the commit-
    51  tee to the board of regents and to the legislature.
    52    § 7. The education law is amended by adding a new section 200 to  read
    53  as follows:
    54    §  200. Definitions. 1. For the purpose of this article, the following
    55  terms shall have the  following meanings:
    56    (a) "Commission" means the commission on regent nomination.
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     1    (b) "Candidate" means a person who is eligible to serve as a member of
     2  the board of regents and (1) who has requested the commission to consid-
     3  er his qualifications to serve on such board; or (2) who has been recom-
     4  mended for consideration by the commission by another person,  including
     5  a  community  or  professional organization; or (3) who has agreed to be
     6  considered by the commission at the commission's request.
     7    2. Organization of the commission. (a) A commission  on  regent  nomi-
     8  nation  is  hereby  established.  The  commission shall consist of eight
     9  members of whom two shall be appointed by the speaker of  the  assembly,
    10  two by the temporary president of the senate, two by the minority leader
    11  of the senate, and two by the minority leader of the assembly. No member
    12  of  the commission shall hold or have held any elected public office for
    13  which he or she receives  compensation  during  his  or  her  period  of
    14  service.  No member of the commission shall hold any office in any poli-
    15  tical party. No member of the commission shall be eligible for  appoint-
    16  ment  to  the  board of regents during the member's period of service or
    17  within one year thereafter. The members of the commission shall be resi-
    18  dents of the state.
    19    (b) The members first appointed by  the  temporary  president  of  the
    20  senate  and the speaker of the assembly shall have respectively two-year
    21  and four-year terms as  the  appointing  officer  shall  designate.  The
    22  members  first appointed by the minority leader of the senate shall have
    23  one-year and three-year terms, respectively. The members first appointed
    24  by the minority leader of the assembly shall have  one-year  and  three-
    25  year  terms,  respectively.  Each  subsequent appointment shall be for a
    26  term of four years.
    27    (c) A vacancy shall be deemed to occur immediately upon  the  appoint-
    28  ment or election of any member to an office that would disqualify him or
    29  her  for  appointment  to,  or  membership on, the commission. A vacancy
    30  occurring for any reason other than  by  expiration  of  term  shall  be
    31  filled  by  the  appointing  officer  for the remainder of the unexpired
    32  term.
    33    (d) The members shall designate one of their number to serve as chair-
    34  man for a period of two years or  until  his  term  of  office  expires,
    35  whichever period is shorter.
    36    (e)  Each member of the commission shall be entitled to receive his or
    37  her actual and necessary expenses incurred in the discharge  of  his  or
    38  her duties.
    39    (f) Six members of the commission shall constitute a quorum.
    40    3.  Functions of the commission. (a) The commission shall consider and
    41  evaluate the qualifications of candidates for election to the  board  of
    42  regents  and,  as  each  term expires or a vacancy occurs on such board,
    43  shall recommend to the legislature three persons who by their character,
    44  temperament, professional aptitude and experience are well qualified  to
    45  serve on such board.
    46    (b)  A recommendation to the legislature shall require the concurrence
    47  of six members of the commission. The recommendations shall be transmit-
    48  ted to the temporary president of the senate, the speaker of the  assem-
    49  bly,  the  minority  leader of the senate and the minority leader of the
    50  assembly in a single written report  which  shall  be  released  to  the
    51  public by the commission at the time it is submitted to the legislature.
    52  The  report  shall be in writing, signed only by the chairman, and shall
    53  include the commission's findings relating  to  the  character,  temper-
    54  ament, professional aptitude, experience, qualifications and fitness for
    55  office of each candidate who is recommended to the legislature.
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     1    (c)  No  person  shall  be  recommended to the legislature who has not
     2  consented to be a candidate, who has not been personally interviewed  by
     3  a  quorum  of  the membership of the commission, and who has not filed a
     4  financial statement with the commission, on a form to be  prescribed  by
     5  the  commission. The financial statement shall consist of a sworn state-
     6  ment of the person's assets, liabilities and sources of income, and  any
     7  other  relevant  financial information which the commission may require.
     8  The commission shall transmit to the temporary president of  the  senate
     9  and  the  speaker  of the assembly the financial statement filed by each
    10  person who is recommended. The financial statement filed by  the  person
    11  who  is  appointed  to  fill  a  vacancy  shall be made available to the
    12  public. The financial statements filed by all other persons  recommended
    13  to  the  legislature,  but not elected to the board of regents, shall be
    14  confidential.
    15    (d) In considering whether to recommend a candidate for service  as  a
    16  regent,  the  commission  shall consider whether the candidate's profes-
    17  sional interests might create a conflict  of  interest  or  whether  the
    18  board's  ability  to  maintain a quorum for action on business before it
    19  might be in jeopardy if the member abstained from voting.
    20    4. Additional functions of the commission. The commission  shall  have
    21  the following functions, powers and duties:
    22    (a) Establish procedures to assure that persons who may be well quali-
    23  fied  for  service  on  the  board of regents, other than those who have
    24  requested consideration or who have been recommended  for  consideration
    25  by others, are encouraged to agree to be considered by the commission.
    26    (b)  Require  the  appearance of any candidate before it and interview
    27  any person concerning the qualifications of any candidate.
    28    (c) Communicate with the legislature concerning the qualifications  of
    29  any person whom it has recommended for service on the board of regents.
    30    (d)  The commission may appoint, and at pleasure remove, a counsel and
    31  such other staff as it may require from  time  to  time,  and  prescribe
    32  their  powers  and  duties. The commission shall fix the compensation of
    33  its staff and provide for reimbursement of  their  expenses  within  the
    34  amounts appropriated by law.
    35    (e)  Do  all  other  things  necessary and convenient to carry out its
    36  functions pursuant to this article.
    37    5. Rules of the commission. (a) The commission shall  adopt,  and  may
    38  amend, written rules of procedure not inconsistent with law.
    39    (b) Rules of the commission shall be filed with the secretary of state
    40  and  shall  be published in the official compilation of codes, rules and
    41  regulations of the state. Upon request of any person, the  secretary  of
    42  state shall furnish a copy of the commission's rules without charge.
    43    (c)  Rules of the commission may prescribe forms and questionnaires to
    44  be completed and, if required by the commission, verified by candidates.
    45    (d) 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 was considered, except with the concurrence  of
    49  nine members of the commission.
    50    §  8.  Subdivision 1 of section 215-a of the education law, as amended
    51  by chapter 44 of the laws of 2000, is amended to read as follows:
    52    1. The regents of the university  of  the  state  of  New  York  shall
    53  prepare  and  submit  to  the  governor,  the temporary president of the
    54  senate, and the speaker of the assembly, not later than the first day of
    55  January, nineteen hundred eighty-nine, nineteen hundred ninety and nine-
    56  teen hundred ninety-one and the fifteenth day of February of  each  year
        A. 2418                             7
     1  thereafter, a report concerning the schools of the state which shall set
     2  forth  with  respect  to  the  preceding school year: enrollment trends;
     3  indicators of student  achievement  in  reading,  writing,  mathematics,
     4  science  and  vocational  courses;  graduation,  college  attendance and
     5  employment rates; such other indicators of student  performance  as  the
     6  regents  shall determine; information concerning teacher and administra-
     7  tor preparation, turnover, in-service education and performance;  infor-
     8  mation  concerning  school library expenditures and school library media
     9  specialist employment; expenditure per pupil on  regular  education  and
    10  expenditure per pupil on special education and such other information as
    11  requested by the governor, the temporary president of the senate, or the
    12  speaker of the assembly. To the extent practicable, all such information
    13  shall be displayed on both a statewide and individual district basis and
    14  by racial/ethnic group and gender. The regents are authorized to require
    15  school districts, boards of cooperative educational services and nonpub-
    16  lic  schools  to provide such information as is necessary to prepare the
    17  report. In preparing the report, the regents shall  consult  with  other
    18  interested  parties,  including  local  school  districts, teachers' and
    19  faculty organizations, school administrators, parents and students.  The
    20  education and higher education committees of  the  senate  and  assembly
    21  shall  conduct  at  least  one  public  hearing at which the chancellor,
    22  commissioner, and other members of the board of  regents  shall  discuss
    23  and defend the report.
    24    §  9.  The  education  law is amended by adding a new section 215-e to
    25  read as follows:
    26    § 215-e. Meetings with the legislature.  Each  regent  shall  meet  at
    27  least  once  each  year with the members of the senate and assembly from
    28  his or her region of the state. In addition, any committee or subcommit-
    29  tee of the board of regents shall meet at least annually with the chairs
    30  of the appropriate standing committees of the senate and assembly.
    31    § 10. The temporary president of the senate and  the  speaker  of  the
    32  assembly  shall commission an independent management study of the organ-
    33  ization of the board of regents and the state education department. Such
    34  study shall include recommendations on reorganization  and  streamlining
    35  the  department of education and on the scope of responsibilities of the
    36  board of regents, and shall be presented to the temporary  president  of
    37  the senate and the speaker of the assembly no later than July 1, 2018.
    38    §  11. The public officers law is amended by adding a new section 32-a
    39  to read as follows:
    40    § 32-a. Removal of members of the board of  regents.  Members  of  the
    41  board  of  regents  may be removed as provided herein by the legislature
    42  for misconduct or malversation in office. No such removal shall be  made
    43  unless  the  person  who  is sought to be removed shall have been served
    44  with a copy of the charges against him or her and have an opportunity of
    45  being heard. The senate and assembly shall have power to make such joint
    46  rules as they may see fit for the practice  before  them.  At  the  time
    47  appointed  for  the  investigation,  the  education and higher education
    48  committees of the senate and assembly shall proceed to hear and try  the
    49  charges against such officer, and may take proofs in relation thereto.
    50    Any  recommendation  for removal shall require a vote of two-thirds of
    51  the members of the education and  higher  education  committees  of  the
    52  senate and assembly. Such recommendation shall be approved if two-thirds
    53  of all the members elected to the senate and assembly shall concur ther-
    54  ein.  On  the question of removal, the yeas and nays shall be entered on
    55  the journal.
        A. 2418                             8
     1    If the senate and assembly shall reject a  recommendation  of  removal
     2  the  secretary  of  the senate and the clerk of the assembly shall, by a
     3  writing signed by them and by the president of the senate and speaker of
     4  the assembly, communicate the fact of such rejection to the  regent.  If
     5  the  senate  and  assembly  shall  concur  in  such a recommendation the
     6  removal shall take effect upon the passage of the resolution of  concur-
     7  rence,  and duplicate copies of such resolution, certified by the secre-
     8  tary and president of the senate and the clerk and speaker of the assem-
     9  bly, shall be executed and delivered by such secretary to the regent and
    10  the chancellor of the board of regents.
    11    § 12. This act shall take effect immediately.