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
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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:
Section 1. Section 353 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. EVERY MEMBER OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY
SHALL, UPON INITIAL APPOINTMENT TO SUCH OFFICE, COMPLETE THE ORIENTATION
PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTEEN
HUNDRED FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD OF
TRUSTEES OF THE STATE UNIVERSITY SHALL COMPLETE THE COMPREHENSIVE
CONTINUING EDUCATION PROGRAM, ESTABLISHED PURSUANT TO SUBDIVISION FIVE
OF SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN ACCORDANCE WITH THE
RULES AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES
NOMINATIONS.
S 2. The education law is amended by adding a new article 25 to read
as follows:
ARTICLE 25
COMMITTEE ON UNIVERSITY BOARDS OF
TRUSTEES NOMINATIONS
SECTION 1301. LEGISLATIVE INTENT.
1302. DEFINITIONS.
1303. COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS;
ESTABLISHED.
1304. POWERS AND DUTIES.
1305. RECOMMENDATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05153-01-9
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1306. CANDIDATE QUALIFICATIONS.
1307. SUPPORT SERVICES.
1308. CONFLICT OF INTEREST.
S 1301. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS THAT THERE
HAS BEEN A NATIONWIDE TREND OF DECLINING QUALITY OF THE TRUSTEES OF
PUBLIC INSTITUTIONS OF HIGHER EDUCATION. SEVERAL STATES HAVE TAKEN
LEGISLATIVE OR EXECUTIVE ACTION TO ASSURE HIGHLY QUALIFIED APPOINTMENTS
TO THE BOARDS OF TRUSTEES FOR THEIR RESPECTIVE PUBLIC UNIVERSITIES AND
COLLEGES. SEVERAL STATES HAVE INITIATED EDUCATIONAL PROGRAMS FOR THEIR
TRUSTEES BOTH FOR ORIENTATION AND CONTINUING EDUCATION. IN ORDER TO
ASSURE THE CONTINUED SUCCESS AND HIGHEST STANDARDS OF PUBLIC HIGHER
EDUCATION IN THE STATE OF NEW YORK, THE LEGISLATURE HEREBY ESTABLISHES
THE COMMITTEE ON BOARDS OF TRUSTEES NOMINATIONS, AND ESTABLISHES A
MANDATORY ORIENTATION AND CONTINUING EDUCATION REQUIREMENT FOR MEMBERS
OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, CITY
UNIVERSITY OF NEW YORK AND THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
S 1302. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "CITY UNIVERSITY" SHALL MEAN THE CITY UNIVERSITY OF NEW YORK.
2. "COLLEGE" SHALL MEAN THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
3. "COMMITTEE" SHALL MEAN THE COMMITTEE ON UNIVERSITY BOARDS OF TRUS-
TEES NOMINATIONS.
S 1303. COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS; ESTAB-
LISHED. 1. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT THE COMMITTEE
ON UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS. THE COMMITTEE SHALL
CONSIST OF TWELVE MEMBERS EACH APPOINTED FOR A TERM OF SIX YEARS
COMMENCING ON THE FIRST DAY OF DECEMBER. THE MEMBERS SHALL BE APPOINTED
AS FOLLOWS:
A. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
B. THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
C. THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
D. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
AND
E. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE MEMBERS OF THE COMMITTEE WHOSE TERMS COMMENCE ON THE EFFECTIVE DATE
OF THIS ARTICLE SHALL BE APPOINTED FOR THE FOLLOWING TERMS:
A. TWO YEARS: ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE, ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THE MEMBER
APPOINTED BY THE MINORITY LEADER OF THE SENATE AND THE MEMBER APPOINTED
BY THE MINORITY LEADER OF THE ASSEMBLY;
B. FOUR YEARS: TWO MEMBERS APPOINTED BY THE GOVERNOR, ONE MEMBER
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER
APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND
C. SIX YEARS: TWO MEMBERS APPOINTED BY THE GOVERNOR, ONE MEMBER
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER
APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
3. THE TERMS OF ALL MEMBERS OF THE COMMITTEE SHALL END ON THE THIRTI-
ETH DAY OF NOVEMBER IN THE YEAR THE MEMBER'S TERM EXPIRES. ALL SUCH
MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSOR IS APPOINTED
AND QUALIFIED. VACANCIES, OCCURRING OTHER THAN BY EXPIRATION OF THE TERM
OF A MEMBER OF THE COMMITTEE, SHALL BE FILLED FOR THE REMAINDER OF THE
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UNEXPIRED TERM. THE MEMBERS OF THE COMMITTEE MAY BE REMOVED FROM OFFICE
PURSUANT TO ARTICLE THREE OF THE PUBLIC OFFICERS LAW.
4. THE MEMBERS OF THE COMMITTEE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
S 1304. POWERS AND DUTIES. THE COMMITTEE SHALL HAVE THE FOLLOWING
POWERS AND DUTIES:
1. TO ESTABLISH ADDITIONAL QUALIFICATION CRITERIA FOR CANDIDATES FOR
THE BOARDS OF TRUSTEES OF THE STATE UNIVERSITY, CITY UNIVERSITY AND
COLLEGE;
2. DEVELOP A STATEMENT OF ALL CRITERIA TO BE APPLIED AND A DESCRIPTION
OF THE RESPONSIBILITIES AND DUTIES OF MEMBERS OF THE BOARDS OF TRUSTEES
OF THE STATE UNIVERSITY, CITY UNIVERSITY AND COLLEGE, AND DISTRIBUTE
SUCH STATEMENT AND DESCRIPTION TO PROSPECTIVE CANDIDATES FOR SUCH
MEMBERSHIP;
3. FOR EACH VACANT POSITION ON THE BOARDS OF TRUSTEES OF THE STATE
UNIVERSITY, CITY UNIVERSITY AND COLLEGE, IDENTIFY AND RECRUIT QUALIFIED
CANDIDATES FOR SUCH POSITION, BASED UPON THE BACKGROUND AND EXPERIENCE
OF THE CANDIDATE, AND THEIR POTENTIAL TO FULFILL THE RESPONSIBILITIES OF
A TRUSTEE;
4. DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY UNIVERSITY
AND COLLEGE, A COMPREHENSIVE ORIENTATION PROGRAM TO BE CONDUCTED BY EACH
SUCH INSTITUTION FOR TRUSTEES WHO ARE INITIALLY BEING APPOINTED TO THE
BOARD OF TRUSTEES. SUCH ORIENTATION PROGRAM SHALL INCLUDE, BUT NOT BE
LIMITED TO, PRESENTATION OF INFORMATION RELATING TO THE APPROPRIATE
INSTITUTION'S MISSION, BUDGET, PLANS, POLICIES, STRENGTHS AND WEAK-
NESSES; AND
5. DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY UNIVERSITY
AND COLLEGE, A COMPREHENSIVE CONTINUING EDUCATION PROGRAM TO BE
CONDUCTED BY EACH SUCH INSTITUTION FOR ALL ITS TRUSTEES.
S 1305. RECOMMENDATIONS. THE COMMITTEE SHALL SUBMIT THE NAMES OF THREE
CANDIDATES FOR EACH VACANCY ON THE BOARD OF TRUSTEES OF:
1. THE STATE UNIVERSITY OR THE COLLEGE TO THE GOVERNOR, AND
2. THE CITY UNIVERSITY TO THE MAYOR OF THE CITY OF NEW YORK.
THE GOVERNOR AND THE MAYOR OF THE CITY OF NEW YORK SHALL ONLY APPOINT
AS MEMBERS OF A BOARD OF TRUSTEES FROM THOSE CANDIDATES SUBMITTED BY THE
COMMITTEE.
S 1306. CANDIDATE QUALIFICATIONS. ALL CANDIDATES RECOMMENDED PURSUANT
TO SECTION THIRTEEN HUNDRED FIVE OF THIS ARTICLE SHALL HAVE THE FOLLOW-
ING QUALIFICATIONS:
1. GENERAL QUALIFICATIONS. ALL CANDIDATES RECOMMENDED BY THE COMMITTEE
SHALL POSSESS UNIMPEACHABLE PERSONAL INTEGRITY, INDEPENDENCE, A STRONG
COMMITMENT TO PUBLIC HIGHER EDUCATION, A WILLINGNESS TO DEVOTE THE
NECESSARY TIME AND ENERGY TO THE APPROPRIATE BOARD OF TRUSTEES, AND A
WILLINGNESS TO FOREGO ANY PARTISAN POLITICAL ACTIVITY THAT COULD BE
DISRUPTIVE OR HARMFUL TO THE INSTITUTION OF HIGHER EDUCATION.
2. SPECIFIC QUALIFICATIONS. ALL RECOMMENDED CANDIDATES SHALL HAVE:
A. EARNED A HIGHER EDUCATION DEGREE, WITH A PREFERENCE GRANTED TO
CANDIDATES WHOSE DEGREE WAS CONFERRED BY THE STATE UNIVERSITY OR THE
CITY UNIVERSITY;
B. DEMONSTRATED EXPERIENCE, EITHER VOLUNTARY OR COMPENSATED, IN PUBLIC
HIGHER EDUCATION;
C. DEMONSTRATED EXPERIENCE AS THE MEMBER OF A BOARD, COMMISSION OR
SIMILAR ENTITY;
D. DEMONSTRATED EXPERIENCE OR EDUCATION RELATED TO THE IDENTIFICATION,
INTERVIEWING AND SELECTION OF PERSONNEL;
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E. EXPERIENCE OR EDUCATION SUFFICIENT TO ENABLE THE CANDIDATE TO
UNDERSTAND PUBLIC HIGHER EDUCATION FINANCE ISSUES;
F. MET THE REQUIREMENTS ESTABLISHED FOR THE APPROPRIATE BOARD OF TRUS-
TEES PURSUANT TO SECTION THREE HUNDRED FIFTY-THREE, SIX THOUSAND THREE
OR SIXTY-TWO HUNDRED FOUR OF THIS CHAPTER; AND
G. MET SUCH ADDITIONAL CRITERIA AS THE COMMITTEE SHALL ESTABLISH BY
RULE OR REGULATION.
S 1307. SUPPORT SERVICES. ALL EXPENSES OF THE COMMITTEE SHALL BE PAID
AND ALL SUPPORT NEEDED BY THE COMMITTEE SHALL BE PROVIDED BY THE STATE
UNIVERSITY AND THE CITY UNIVERSITY IN PROPORTION TO THE APPROPRIATIONS
MADE TO EACH SUCH UNIVERSITY.
S 1308. CONFLICT OF INTEREST. NO MEMBER OF THE BOARD OF TRUSTEES OF
THE STATE UNIVERSITY, CITY UNIVERSITY OR COLLEGE NOR ANY IMMEDIATE FAMI-
LY MEMBER THEREOF SHALL BE EMPLOYED FOR COMPENSATION AT ANY INSTITUTION
GOVERNED BY THE BOARD OF TRUSTEES OF WHICH SUCH MEMBER IS A MEMBER. WORK
STUDY AND OTHER FORMS OF WORK RELATING TO A BONA FIDE COURSE OF STUDY OR
FINANCIAL ASSISTANCE FOR SUCH COURSE OF STUDY SHALL NOT BE DEEMED TO BE
EMPLOYMENT FOR COMPENSATION FOR THE PURPOSES OF THIS SECTION.
S 3. Section 6003 of the education law is amended by adding a new
closing paragraph to read as follows:
EVERY MEMBER OF THE BOARD OF TRUSTEES SHALL, UPON INITIAL APPOINTMENT
TO SUCH OFFICE, COMPLETE THE ORIENTATION PROGRAM ESTABLISHED PURSUANT TO
SUBDIVISION FOUR OF SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER.
FURTHERMORE, EVERY MEMBER OF THE BOARD OF TRUSTEES SHALL COMPLETE THE
COMPREHENSIVE CONTINUING EDUCATION PROGRAM ESTABLISHED PURSUANT TO
SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY
BOARDS OF TRUSTEES NOMINATIONS.
S 4. Section 6204 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. TRAINING OF TRUSTEES. EVERY MEMBER OF THE BOARD OF TRUSTEES SHALL,
UPON INITIAL APPOINTMENT TO SUCH OFFICE, COMPLETE THE ORIENTATION
PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION THIRTEEN
HUNDRED FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD OF
TRUSTEES SHALL COMPLETE THE COMPREHENSIVE CONTINUING EDUCATION PROGRAM,
ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF SECTION THIRTEEN HUNDRED
FOUR OF THIS CHAPTER, IN ACCORDANCE WITH THE RULES AND REGULATIONS OF
THE COMMITTEE.
S 5. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law; provided, however, all
members of the committee on university boards of trustees nominations
shall be appointed pursuant to section 1303 of the education law, as
added by section two of this act, on or before such effective date.