S T A T E O F N E W Y O R K
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5585--C
Cal. No. 227
2009-2010 Regular Sessions
I N S E N A T E
May 19, 2009
___________
Introduced by Sens. STAVISKY, LAVALLE, THOMPSON -- read twice and
ordered printed, and when printed to be committed to the Committee on
Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee and committed to the Committee on
Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Higher Education in accordance with Senate Rule 6, sec. 8
-- reported favorably from said committee and committed to the Commit-
tee on Finance -- reported favorably from said committee, ordered to
first and second report, ordered to a 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 requiring the board of
trustees of SUNY, CUNY and HESC to make publicly available agendas and
subsequent meeting records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2 and 4 of section 353 of the education law,
as amended by chapter 552 of the laws of 1985, are amended to read as
follows:
2. A. The board may provide for regular meetings, and the chairman, or
the vice-chairman, or any eight members by petition, may at any time
call a special meeting of the board of trustees and fix the time and
place therefor; and at least seven days notice of every meeting shall be
mailed to the usual address of each trustee, unless such notice be
waived by a majority of the board. Resolutions for the consideration of
the board of trustees must be mailed to the usual address of each trus-
tee no less than seven days prior to a meeting, unless the chair shall
make available in writing on the day of the meeting the facts which
necessitate an immediate vote. [The agendas for such meetings shall be
available three days prior to the meetings and shall be considered
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11997-06-0
S. 5585--C 2
public records.] Eight trustees attending shall be a quorum for the
transaction of business and, unless a greater number is required by the
by-laws, the act of a majority of the members present at any meeting
shall be the act of the board. The board shall hold at least two public
hearings each year. One public hearing shall be held during the spring
semester and one public hearing shall be held in the fall semester. The
purpose of such hearings shall be to receive testimony and statements
from concerned individuals about university issues. The board shall fix
the time, place, duration and format of each hearing. At least three
members of the board shall attend each hearing. At least thirty days
notice of the hearing shall be given by the chairman of the board to all
members of the board, to all presidents of state operated campuses, to
the chair of faculty-senate bodies of state operated campuses, to all
student government presidents of state operated campuses, to the certi-
fied or recognized employee organizations representing employees of the
state university and to the media. Such notice shall contain the time
and place of the public hearing.
B. THE AGENDA FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE
ELECTRONICALLY AVAILABLE ON THE STATE UNIVERSITY OF NEW YORK WEBSITE
THREE DAYS PRIOR TO THE MEETINGS UNLESS AN EXECUTIVE COMMITTEE MEETING
HAS BEEN CALLED IN WHICH AN AGENDA MUST BE AVAILABLE TWENTY-FOUR HOURS
IN ADVANCE, AND SHALL BE CONSIDERED A PUBLIC RECORD. A SUMMARY OF RESOL-
UTIONS AND BOARD ACTIONS FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES
SHALL BE ELECTRONICALLY AVAILABLE ON THE STATE UNIVERSITY OF NEW YORK
WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEETING AND SHALL BE CONSID-
ERED A PUBLIC RECORD. THE APPROVED MINUTES, ATTENDANCE, VOTING RECORD
AND EITHER TRANSCRIPTS OR VIDEO RECORD FOR ANY SUCH MEETING MUST BE
POSTED NO LATER THAN SEVEN DAYS FOLLOWING THEIR APPROVAL BY THE BOARD OR
EXECUTIVE COMMITTEE. INFORMATION POSTED ON THE STATE UNIVERSITY OF NEW
YORK WEBSITE REGARDING BOARD OF TRUSTEE MEETINGS SHALL REMAIN ON THE
SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS.
C. ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE CONDUCTED IN
ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
4. A. The board may elect an executive committee of not less than five
members, who, in intervals between meetings of the board may transact
such business of the state university as the board may from time to time
authorize, except to grant degrees or to make removals from office. The
student member of the board shall be a member of such committee. A
majority of the whole of the executive committee, but in any event not
less than four members, attending shall be a quorum for the transaction
of business and the act of a majority of the members of the executive
committee present at any meeting thereof shall be the act of such
committee.
B. THE AGENDA FOR ANY MEETING OF ANY COMMITTEE AND SUBCOMMITTEE OF THE
BOARD OF TRUSTEES SHALL BE AVAILABLE ELECTRONICALLY ON THE STATE UNIVER-
SITY OF NEW YORK WEBSITE THREE DAYS PRIOR TO THE MEETING UNLESS AN EXEC-
UTIVE COMMITTEE MEETING HAS BEEN CALLED, IN WHICH CASE AN AGENDA MUST BE
AVAILABLE TWENTY-FOUR HOURS IN ADVANCE, AND SHALL BE CONSIDERED A PUBLIC
RECORD. A SUMMARY OF RESOLUTIONS AND ACTIONS BY THE COMMITTEE OR SUBCOM-
MITTEE FOR ANY SUCH MEETING SHALL BE ELECTRONICALLY AVAILABLE ON THE
STATE UNIVERSITY OF NEW YORK WEBSITE NO LATER THAN SEVEN DAYS AFTER THE
MEETING AND SHALL BE CONSIDERED A PUBLIC RECORD. THE APPROVED MINUTES,
ATTENDANCE, VOTING RECORD, AND EITHER TRANSCRIPTS OR VIDEO RECORD, FOR
ANY SUCH MEETING MUST BE POSTED NO LATER THAN SEVEN DAYS FOLLOWING THE
APPROVAL BY THE BOARD, COMMITTEE OR SUBCOMMITTEE. INFORMATION POSTED ON
S. 5585--C 3
THE STATE UNIVERSITY OF NEW YORK WEBSITE REGARDING SUCH MEETINGS SHALL
REMAIN ON THE SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS.
C. ANY SUCH MEETING OF A COMMITTEE OR SUBCOMMITTEE OF THE BOARD OF
TRUSTEES SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE SEVEN OF THE
PUBLIC OFFICERS LAW.
S 2. Subdivision 3 of section 6204 of the education law, as added by
chapter 305 of the laws of 1979, paragraph (a) as amended by chapter 552
of the laws of 1985 and paragraph (c) as amended by chapter 317 of the
laws of 1980, is amended to read as follows:
3. Meetings of the board of trustees. (a) The by-laws of the board of
trustees shall provide for regular meetings. At least seven days notice
of every regular meeting and a copy of the agenda for that meeting shall
be mailed to the usual address of each trustee. Resolutions for the
consideration of the board of trustees must be mailed to the usual
address of each trustee no less than seven days prior to a meeting,
unless the chair shall make available in writing on the day of the meet-
ing the facts which necessitate an immediate vote. The agendas for such
meetings shall be available ELECTRONICALLY ON THE CITY UNIVERSITY OF NEW
YORK WEBSITE three days prior to the meetings UNLESS AN EXECUTIVE
COMMITTEE MEETING HAS BEEN CALLED IN WHICH AN AGENDA MUST BE AVAILABLE
TWENTY-FOUR HOURS IN ADVANCE, and shall be considered public records. A
SUMMARY OF RESOLUTIONS AND BOARD ACTIONS FOR ANY SUCH MEETING OF THE
BOARD OF TRUSTEES SHALL BE ELECTRONICALLY AVAILABLE ON THE CITY UNIVER-
SITY OF NEW YORK WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEETING AND
SHALL BE CONSIDERED PUBLIC RECORDS. THE APPROVED MINUTES, ATTENDANCE,
VOTING RECORD, AND EITHER TRANSCRIPTS OR VIDEO RECORD FOR ANY SUCH MEET-
ING MUST BE POSTED NO LATER THAN SEVEN DAYS FOLLOWING THEIR APPROVAL BY
THE BOARD. INFORMATION POSTED ON THE CITY UNIVERSITY OF NEW YORK
WEBSITE REGARDING BOARD OF TRUSTEE MEETINGS SHALL REMAIN ON THE SITE AS
ARCHIVED DATA FOR A MINIMUM OF TEN YEARS. All meetings shall be held in
accordance with article seven of the public officers law.
(b) The chairperson, the vice chairperson or any five trustees acting
by petition, may at any time call a special meeting of the board of
trustees and fix the time and place therefor. Each trustee shall receive
telephonic or written notice of a special meeting at least [two days]
TWENTY-FOUR HOURS prior to the special meeting. AN AGENDA FOR SUCH
MEETING, INCLUDING MEETINGS OF ANY COMMITTEES AND SUBCOMMITTEES UNDER
THE PURVIEW OF THE BOARD OF TRUSTEES, SHALL BE AVAILABLE ELECTRONICALLY
ON THE CITY UNIVERSITY OF NEW YORK WEBSITE TWENTY-FOUR HOURS PRIOR TO
THE SPECIAL MEETING OF THE BOARD AND SHALL BE CONSIDERED A PUBLIC
RECORD. A SUMMARY OF RESOLUTIONS AND BOARD ACTIONS FOR ANY SUCH MEETING
OF THE BOARD OF TRUSTEES SHALL BE ELECTRONICALLY AVAILABLE ON THE CITY
UNIVERSITY OF NEW YORK WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEET-
ING AND SHALL BE CONSIDERED A PUBLIC RECORD. THE APPROVED MINUTES,
ATTENDANCE, VOTING RECORD, AND EITHER TRANSCRIPTS OR VIDEO RECORD FOR
ANY SUCH MEETING MUST BE POSTED NO LATER THAN SEVEN DAYS FOLLOWING THEIR
APPROVAL BY THE BOARD. INFORMATION POSTED ON THE CITY UNIVERSITY OF NEW
YORK WEBSITE REGARDING BOARD OF TRUSTEE MEETINGS SHALL REMAIN ON THE
SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS. ANY SUCH MEETING OF
THE BOARD OF TRUSTEES SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE
SEVEN OF THE PUBLIC OFFICERS LAW.
(c) [The notice provisions of paragraphs (a) and (b) hereof may in any
instance be waived by written waiver of at least twelve voting members
of the board of trustees.
(d)] Nine trustees attending a meeting shall constitute a quorum for
the transaction of business by the board of trustees.
S. 5585--C 4
[(e)] (D) (i) The board of trustees shall hold at least one public
hearing each year in each of the five boroughs of the city of New York.
The purpose of such hearing shall be to receive testimony and statements
from concerned individuals about university issues.
(ii) The board of trustees shall fix the time, place, duration and
format of each hearing.
(iii) At least thirty days notice of the hearing shall be given by the
chairperson of the board of trustees to all of the trustees, to all
presidents of educational units, to the chair of faculty-senate bodies
of educational units, to all student government presidents of educa-
tional units, to the borough president, the members of the city council,
the members of the board of estimate, the local community boards of the
borough where the hearing is to be held and to the media. The notice
shall contain the time, place and date of the public hearing. SUCH
INFORMATION SHALL BE MADE ELECTRONICALLY AVAILABLE ON THE CITY UNIVERSI-
TY OF NEW YORK WEBSITE. ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL
BE CONDUCTED IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS
LAW.
(iv) At least three trustees shall attend each hearing.
S 3. Subdivision 7 of section 652 of the education law, as added by
chapter 942 of the laws of 1974, is amended to read as follows:
7. A. The board of trustees shall provide for the holding of regular
meetings and such special meetings at the call of the chairman, as may
be necessary. A majority of the trustees shall constitute a quorum for
the transaction of any business and the act of the majority of the trus-
tees present at any meeting shall be deemed the act of the board.
B. THE AGENDA FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE
AVAILABLE ELECTRONICALLY ON THE HIGHER EDUCATION SERVICES CORPORATION
WEBSITE THREE DAYS PRIOR TO THE MEETINGS AND SHALL BE CONSIDERED A
PUBLIC RECORD. THE ATTENDANCE, MINUTES, VOTING RECORD, AND EITHER TRAN-
SCRIPTS OR VIDEO RECORD, FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES
SHALL BE ELECTRONICALLY AVAILABLE ON THE HIGHER EDUCATION SERVICES
CORPORATION WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEETING AND SHALL
BE CONSIDERED PUBLIC RECORDS. INFORMATION POSTED ON THE HIGHER EDUCATION
SERVICES CORPORATION WEBSITE REGARDING BOARD OF TRUSTEE MEETINGS SHALL
REMAIN ON THE SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS.
C. ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE CONDUCTED IN
ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
S 4. This act shall take effect immediately.