S T A T E O F N E W Y O R K
________________________________________________________________________
8035
2015-2016 Regular Sessions
I N A S S E M B L Y
June 4, 2015
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Introduced by M. of A. CRESPO, RAMOS, RODRIGUEZ, SEPULVEDA, ARROYO,
DAVILA, DILAN, RIVERA, ROZIC, PICHARDO, MOYA, LINARES -- read once and
referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to requiring the hiring
of a professional search firm with a history of recruiting minority
candidates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding a new section 355-d
2 to read as follows:
3 S 355-D. PROFESSIONAL SEARCH FIRM SELECTION. 1. FOR ANY POSITION AT A
4 STATE-OPERATED INSTITUTION IN THE STATE UNIVERSITY THAT REQUIRES THE
5 HIRING OF A PROFESSIONAL SEARCH FIRM TO ASSIST IN THE RECRUITMENT OF
6 CANDIDATES, THE HIRING INSTITUTION SHALL SELECT A PROFESSIONAL SEARCH
7 FIRM WITH A DEMONSTRATED HISTORY OF RECRUITING MINORITY CANDIDATES. SUCH
8 SEARCH FIRM SHALL BE APPROVED BY THE STATE UNIVERSITY TRUSTEES. THE
9 STATE UNIVERSITY TRUSTEES SHALL PROVIDE FOR THE APPROVAL PROCESS FOR
10 SUCH SEARCH FIRMS.
11 2. POTENTIAL SEARCH FIRMS SHALL BE REQUIRED TO PROVIDE TO THE STATE
12 UNIVERSITY TRUSTEES ANY DOCUMENTS DETAILING HOW SUCH FIRMS ENSURE AND
13 PURSUE DIVERSITY IN RECRUITING CANDIDATES FOR POSITIONS IN HIGHER EDUCA-
14 TION AS WELL AS OTHER EMPLOYMENT SECTORS. SUCH DOCUMENTS SHALL INCLUDE
15 THE ETHNIC AND RACIAL BREAKDOWN OF ALL POTENTIAL CANDIDATES SUBMITTED BY
16 THE FIRMS TO THEIR CLIENTS FOR NO LESS THAN THE PRECEDING FIVE YEARS.
17 SEARCH FIRMS SHALL ALSO PROVIDE THE ETHNIC AND RACIAL BREAKDOWN OF THE
18 FINAL CANDIDATE HIRED BY THEIR CLIENTS. THE NAMES OF CANDIDATES AND THE
19 SEARCH FIRMS' CLIENTS PROVIDED TO THE STATE UNIVERSITY TRUSTEES MAY BE
20 REDACTED IF A SEARCH FIRM'S CONTRACT WITH A CLIENT IS CONFIDENTIAL OR IF
21 CANDIDATES HAVE REQUESTED THEIR NAMES BE KEPT CONFIDENTIAL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10930-01-5
A. 8035 2
1 S 2. Paragraph g of subdivision 2 of section 355 of the education law,
2 as amended by chapter 552 of the laws of 1985, is amended to read as
3 follows:
4 g. To appoint the head of each state-operated institution in the state
5 university upon the recommendation made to them by the council of such
6 institution in accordance with the rules and standards established by
7 the state university trustees; or if such recommendation is not made or
8 does not comply with such rules and standards, then to make such
9 appointment as is by them deemed necessary; to prescribe the functions,
10 powers, and duties of the head of each such institution; and to appoint
11 or provide for the appointment of the members of the instructional and
12 administrative staffs, and such other employees as may be necessary, at
13 each state-operated institution upon the recommendation of the head
14 thereof and prescribe or provide for the prescription of their duties;
15 AND TO PROVIDE FOR THE PROCESS OF SELECTION OF A PROFESSIONAL SEARCH
16 FIRM AS NEEDED TO ASSIST IN THE RECRUITMENT OF SUCH POSITIONS AND THE
17 APPROVAL OF SUCH FIRM BY THE STATE UNIVERSITY TRUSTEES PURSUANT TO
18 SECTION THREE HUNDRED FIFTY-FIVE-D OF THIS ARTICLE.
19 S 3. This act shall take effect immediately.