Legislation
SECTION 356
Councils of state-operated institutions; powers and duties
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 8
§ 356. Councils of state-operated institutions; powers and duties. 1.
Subject to the general management, supervision and control of and in
accordance with rules established by the state university trustees, the
operations and affairs of each state-operated institution of the state
university shall be supervised locally by a council consisting of ten
members, nine of whom shall be appointed by the governor and one of whom
shall be elected by and from among the students of the institution. Such
voting members shall be subject to every provision of any general,
special or local law, ordinance, charter, code, rule or regulation
applying to the voting members of such board with respect to the
discharge of their duties including, but not limited to, those
provisions setting forth codes of ethics, disclosure requirements and
prohibiting business and professional activities. The election of the
student member shall be conducted in accordance with rules and
regulations promulgated by the respective representative campus student
association in accordance with guidelines established by the state
university trustees. One member shall be designated by the governor as
chairman. Where an undergraduate state-operated institution of the state
university is located adjacent to another institution of higher
education and students of such undergraduate state-operated institution
are, under arrangements made by the state university, taking a
substantial portion of their courses at such other institution, the
president or other head of such other institution shall be an ex-officio
member of the council for such undergraduate state-operated institution.
Initial appointments, other than the student member and ex-officio
members, shall be for terms expiring July first, nineteen hundred
fifty-four, July first, nineteen hundred fifty-five, July first,
nineteen hundred fifty-six, July first, nineteen hundred fifty-seven,
July first, nineteen hundred fifty-eight, July first, nineteen hundred
fifty-nine, July first, nineteen hundred sixty, July first, nineteen
hundred sixty-one and, where there is no ex-officio member, July first,
nineteen hundred sixty-two, respectively, and subsequent appointments,
other than the student member, shall be for a full term of nine years
from the first day of July of the calendar year in which the appointment
is made. Vacancies shall be filled for the unexpired term in the same
manner as original selections. The term of office for each council
member appointed on or after April first, nineteen hundred eighty-six
shall be seven years. The term of office for the student member shall be
one year commencing July first of the calendar year in which the
election is conducted, provided, however, that the term of the student
member first elected shall be nine months commencing October first,
nineteen hundred seventy-five and expiring June thirtieth, nineteen
hundred seventy-six. In the event that the student member ceases to be a
student at the institution, such member shall be required to resign.
Members of such councils appointed by the governor may be removed by the
governor. Members of such councils elected by the students of the
institution may be removed by such students in accordance with rules and
regulations promulgated by the respective representative campus student
association in accordance with guidelines promulgated by the state
university trustees. Members of such councils shall receive no
compensation for their services but shall be reimbursed for the expenses
actually and necessarily incurred by them in the performance of their
duties hereunder.
2. The councils of state-operated institutions shall provide for
regular meetings at least four times annually, and the chair, or any
five members by petition, may at any time call a special meeting of the
council and fix the time and place therefor. At least seven days notice
of every meeting shall be mailed to the usual address of each member,
unless such notice be waived by a majority of the council. Resolutions
for the consideration of the councils must be mailed to the usual
address of each council member 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 agenda
for such meetings shall be available three days prior to the meetings
and shall be considered public records. Five members attending shall
constitute a quorum for the transaction of business and the act of a
majority of the members present at any meeting shall be the act of the
council.
3. Subject to the general management, supervision, control and
approval of, and in accordance with rules established by the state
university trustees, the council of each state-operated institution
shall, with respect to the institution or institutions for which it
serves, exercise the following powers:
a. recommend to the state university trustees candidates for
appointment by the state university trustees as head of such
institution;
b. review all major plans of the head of such institution for its more
effective operation and make such recommendations with respect thereto
as it deems appropriate. Such plans shall be submitted for approval by
the state university trustees, together with the recommendations of the
council with respect thereto. The state university trustees shall
determine what constitute such major plans, which are hereby generally
defined to include, among others, plans for the appraisal or improvement
of the faculty and other personnel, expansion or restriction of student
admissions, appraisal or improvement of academic programs and of
standards for the earning of degrees, expansion of institutional plants
and appraisal or improvement of student activities and housing;
c. make regulations governing the care, custody and management of
lands, grounds, buildings and equipment;
d. review the proposed budget requests for such institution prepared
by the head thereof and recommend to the state university trustees a
budget for such institution;
e. foster the development of advisory citizens committees to render
such assistance as the council may request, and to appoint the members
of such citizens' committees. Members of such citizens' committees shall
receive no compensation for their services but shall be reimbursed for
the expenses actually and necessarily incurred by them in the
performance of their duties;
f. name buildings and grounds;
g. make regulations governing the conduct and behavior of students;
h. prescribe for and exercise supervision over student housing and
safety;
i. make an annual report to the state university trustees on or before
September first of each year, and report to them from time to time on
any matter it believes requires their attention;
j. perform such other powers and duties as may be authorized or
required by the state university trustees by general rules or special
directives; and
k. make and establish, and from time to time alter and amend, such
regulations pertaining to the affairs of its institution, not
inconsistent with law or the rules of the state university trustees, as
may be necessary or appropriate to carry out effectively the foregoing
powers and duties.
Subject to the general management, supervision and control of and in
accordance with rules established by the state university trustees, the
operations and affairs of each state-operated institution of the state
university shall be supervised locally by a council consisting of ten
members, nine of whom shall be appointed by the governor and one of whom
shall be elected by and from among the students of the institution. Such
voting members shall be subject to every provision of any general,
special or local law, ordinance, charter, code, rule or regulation
applying to the voting members of such board with respect to the
discharge of their duties including, but not limited to, those
provisions setting forth codes of ethics, disclosure requirements and
prohibiting business and professional activities. The election of the
student member shall be conducted in accordance with rules and
regulations promulgated by the respective representative campus student
association in accordance with guidelines established by the state
university trustees. One member shall be designated by the governor as
chairman. Where an undergraduate state-operated institution of the state
university is located adjacent to another institution of higher
education and students of such undergraduate state-operated institution
are, under arrangements made by the state university, taking a
substantial portion of their courses at such other institution, the
president or other head of such other institution shall be an ex-officio
member of the council for such undergraduate state-operated institution.
Initial appointments, other than the student member and ex-officio
members, shall be for terms expiring July first, nineteen hundred
fifty-four, July first, nineteen hundred fifty-five, July first,
nineteen hundred fifty-six, July first, nineteen hundred fifty-seven,
July first, nineteen hundred fifty-eight, July first, nineteen hundred
fifty-nine, July first, nineteen hundred sixty, July first, nineteen
hundred sixty-one and, where there is no ex-officio member, July first,
nineteen hundred sixty-two, respectively, and subsequent appointments,
other than the student member, shall be for a full term of nine years
from the first day of July of the calendar year in which the appointment
is made. Vacancies shall be filled for the unexpired term in the same
manner as original selections. The term of office for each council
member appointed on or after April first, nineteen hundred eighty-six
shall be seven years. The term of office for the student member shall be
one year commencing July first of the calendar year in which the
election is conducted, provided, however, that the term of the student
member first elected shall be nine months commencing October first,
nineteen hundred seventy-five and expiring June thirtieth, nineteen
hundred seventy-six. In the event that the student member ceases to be a
student at the institution, such member shall be required to resign.
Members of such councils appointed by the governor may be removed by the
governor. Members of such councils elected by the students of the
institution may be removed by such students in accordance with rules and
regulations promulgated by the respective representative campus student
association in accordance with guidelines promulgated by the state
university trustees. Members of such councils shall receive no
compensation for their services but shall be reimbursed for the expenses
actually and necessarily incurred by them in the performance of their
duties hereunder.
2. The councils of state-operated institutions shall provide for
regular meetings at least four times annually, and the chair, or any
five members by petition, may at any time call a special meeting of the
council and fix the time and place therefor. At least seven days notice
of every meeting shall be mailed to the usual address of each member,
unless such notice be waived by a majority of the council. Resolutions
for the consideration of the councils must be mailed to the usual
address of each council member 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 agenda
for such meetings shall be available three days prior to the meetings
and shall be considered public records. Five members attending shall
constitute a quorum for the transaction of business and the act of a
majority of the members present at any meeting shall be the act of the
council.
3. Subject to the general management, supervision, control and
approval of, and in accordance with rules established by the state
university trustees, the council of each state-operated institution
shall, with respect to the institution or institutions for which it
serves, exercise the following powers:
a. recommend to the state university trustees candidates for
appointment by the state university trustees as head of such
institution;
b. review all major plans of the head of such institution for its more
effective operation and make such recommendations with respect thereto
as it deems appropriate. Such plans shall be submitted for approval by
the state university trustees, together with the recommendations of the
council with respect thereto. The state university trustees shall
determine what constitute such major plans, which are hereby generally
defined to include, among others, plans for the appraisal or improvement
of the faculty and other personnel, expansion or restriction of student
admissions, appraisal or improvement of academic programs and of
standards for the earning of degrees, expansion of institutional plants
and appraisal or improvement of student activities and housing;
c. make regulations governing the care, custody and management of
lands, grounds, buildings and equipment;
d. review the proposed budget requests for such institution prepared
by the head thereof and recommend to the state university trustees a
budget for such institution;
e. foster the development of advisory citizens committees to render
such assistance as the council may request, and to appoint the members
of such citizens' committees. Members of such citizens' committees shall
receive no compensation for their services but shall be reimbursed for
the expenses actually and necessarily incurred by them in the
performance of their duties;
f. name buildings and grounds;
g. make regulations governing the conduct and behavior of students;
h. prescribe for and exercise supervision over student housing and
safety;
i. make an annual report to the state university trustees on or before
September first of each year, and report to them from time to time on
any matter it believes requires their attention;
j. perform such other powers and duties as may be authorized or
required by the state university trustees by general rules or special
directives; and
k. make and establish, and from time to time alter and amend, such
regulations pertaining to the affairs of its institution, not
inconsistent with law or the rules of the state university trustees, as
may be necessary or appropriate to carry out effectively the foregoing
powers and duties.