Bill Text: NY S06342 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides for the inclusion of a faculty member on the board of trustees of community colleges elected by and from among the faculty and staff of the college.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-06-07 - ordered to third reading rules cal.566 [S06342 Detail]

Download: New_York-2023-S06342-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6342--A
            Cal. No. 375

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 17, 2023
                                       ___________

        Introduced  by  Sens. STAVISKY, HARCKHAM, JACKSON, SKOUFIS -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Higher Education -- recommitted to the Committee on  Higher  Educa-
          tion  in  accordance  with Senate Rule 6, sec. 8 -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
          recalled, vote reconsidered, restored to third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading

        AN ACT to amend the education law, in relation to including a faculty or
          staff member on the board of trustees of community colleges

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph of subdivision 1 of section  6306  of
     2  the  education  law,  as  amended by chapter 268 of the laws of 2003, is
     3  amended to read as follows:
     4    Each community college, except in the  city  of  New  York,  shall  be
     5  administered  by  a  board  of trustees of [ten] eleven members, nine of
     6  whom shall be appointed for terms of seven years in annual rotation, and
     7  [one member] two members elected as herein provided, except that initial
     8  appointments shall be made for terms of one to nine years  respectively.
     9  Five  members shall be appointed by the local legislative body or board,
    10  or other appropriate governing agency, one of whom may be  a  member  of
    11  such  local  legislative  body  or board, or other appropriate governing
    12  agency, four, from among persons residing in the  sponsoring  community,
    13  by the governor and one member elected by and from among the students of
    14  the  college  who  shall  serve  as a member of the board for a one-year
    15  term, provided, however, that the  term  of  the  student  member  first
    16  elected  shall be nine months commencing October first, nineteen hundred
    17  seventy-five, and one of whom shall be elected by  and  from  among  the
    18  faculty  and  staff of the college, ex-officio and non-voting, who shall
    19  serve a two-year term, provided, however, that the term of  the  faculty

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10830-07-4
        S. 6342--A                          2

     1  or  staff  member  first elected shall commence July first, two thousand
     2  twenty-five. The faculty or staff member and  student  member  shall  be
     3  afforded  the same parliamentary privileges as are conferred upon voting
     4  members,  including  but  not  limited  to  the right to make and second
     5  motions and to place items on the agenda.  Such  faculty  or  staff  and
     6  student  member  shall  be  subject  to  every provision of any general,
     7  special or local law,  ordinance,  charter,  code,  rule  or  regulation
     8  applying  to  the members of such board with respect to the discharge of
     9  their duties including, but not limited  to,  those  provisions  setting
    10  forth  codes of ethics, disclosure requirements and prohibiting business
    11  and professional activities. The election of the student member shall be
    12  conducted in accordance with rules and regulations  promulgated  by  the
    13  respective  representative campus student association in accordance with
    14  guidelines established by the state university trustees. The election of
    15  the faculty or staff member shall be conducted in accordance with  rules
    16  and regulations promulgated by  the  respective faculty senate or equiv-
    17  alent  faculty  shared governance body of each campus. In the event that
    18  the student member ceases to be a student at the institution, [he]  they
    19  shall  be  required  to  resign.  In the event that the faculty or staff
    20  member ceases to be an  employee  at  the  institution,  they  shall  be
    21  required  to  resign.  The  governor's initial appointments shall be for
    22  terms of two, four, six and eight years respectively and those by  local
    23  authorities  for terms of one, three, five, seven and nine years respec-
    24  tively. Vacancies shall be filled for unexpired terms in the same manner
    25  as original selections by the authority  responsible  for  the  original
    26  selection.  The  board  shall select its own [chairman] chair from among
    27  its voting membership. Where two or more  local  sponsors  join  in  the
    28  establishment  of a community college, the apportionment of the appoint-
    29  ments among them shall be made by the state university trustees.   Trus-
    30  tees shall receive no compensation for their services but shall be reim-
    31  bursed  for  their expenses actually and necessarily incurred by them in
    32  the performance of their duties under this  article.  Members  initially
    33  appointed  or elected under this subdivision to the board of trustees of
    34  any community college hereafter established shall take office immediate-
    35  ly upon their selection and qualification, but for purposes of determin-
    36  ing the expiration of their respective terms and the commencement of the
    37  terms of their successors, the term  of  office  of  each  such  initial
    38  member shall be deemed to have commenced on the first day of July of the
    39  year  in  which such college was established. The terms of office of all
    40  members of the boards  of  trustees  of  community  colleges  heretofore
    41  established, appointed or elected as provided in this subdivision, shall
    42  terminate on the thirtieth day of June of the calendar year within which
    43  such  terms  expire  under  the provisions of this subdivision as hereby
    44  amended. For the purpose of determining such year all initial  terms  of
    45  office  of  appointed  members  of  the  boards of trustees of community
    46  colleges heretofore established shall be deemed to have commenced on the
    47  first day of July of the year in which such  colleges  were  established
    48  and  the  terms  of  their  successors  for full terms, if any, shall be
    49  deemed to have commenced upon the expiration of the number of years from
    50  such date for which such initial appointments were made.
    51    § 2. This act shall take effect immediately.