§ 6310. Community college regions - administration and finance. 1.
Each community college region and community college sponsored by such
region shall be administered by a single board of trustees of fourteen
members, thirteen of whom shall be appointed for terms of seven years,
as set forth in this subdivision, and one member elected as herein
provided, except that initial appointments shall be made for terms of
one to nine years respectively. Seven members shall be appointed by the
local legislative bodies or boards of those counties eligible to appoint
members to the community college regional board of trustees. The seven
locally appointed members of such board may include one member from the
local legislative body or board of each county eligible to appoint
members to the community college regional board of trustees. Membership
in a community college regional board of trustees shall be apportioned
among the counties participating in such board in accordance with the
number of full-time equivalent students attending a community college
sponsored by such regional board who are residents of the respective
participating counties, and in accordance with such further regulations
as may be prescribed by the state university trustees. Six members shall
be appointed by the governor and one member elected by and from among
the students of the college who shall serve as a member of the board for
a one-year term, provided, however, that the term of the student member
first elected shall be nine months commencing October first, nineteen
hundred eighty-four. The student member shall be afforded the same
parliamentary privileges as are conferred upon members, including but
not limited to the right to make and second motions and to place items
on the agenda. Such student member shall be subject to every provision
of any general, special or local law, ordinance, charter, code, rule or
regulation applying to the 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. In the event that the student member ceases to be a
student at the institution, he shall be required to resign. The
governor's initial appointments shall be as follows: (a) two individuals
shall be appointed for terms of two and four years respectively; (b) two
individuals for terms of six years and two individuals for terms of
eight years. Appointments by local authorities shall be as follows: (a)
three individuals for terms of one, three and five years, respectively;
(b) two individuals for terms of seven years, and two individuals for
terms of nine years. Vacancies shall be filled for unexpired terms in
the same manner as original selections by the authority responsible for
the original selection. The board shall select its own chairman from
among its voting membership. Trustees shall receive no compensation for
their services but shall be reimbursed for their expenses actually and
necessarily incurred by them in the performance of their duties under
this article. Members initially appointed or elected under this
subdivision to any community college regional board of trustees
hereafter established shall take office immediately upon their selection
and qualification, but for purposes of determining the expiration of
their respective terms and the commencement of the terms of their
successors, the term of office of each such initial member shall be
deemed to have commenced on the first day of July of the year in which
such college was established. The terms of office of all members of
community college regional boards of trustees heretofore established,
appointed or elected as provided in this subdivision, shall terminate on
the thirtieth day of June of the calendar year within which such terms
expire under the provisions of this subdivision as hereby amended. For
the purpose of determining such year all initial terms of office of
appointed members of the community college regional board of trustees
heretofore established shall be deemed to have commenced on the first
day of July of the year in which such community college regions were
established and the terms of their successors for full terms, if any,
shall be deemed to have commenced upon the expiration of the number of
years from such date for which such initial appointments were made.

The one member elected by and from among the students of the college
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.

1-a. Notwithstanding the provisions of subdivision one of this
section, a community college region established to operate as local
sponsor of Jamestown community college shall be administered by a single
board of trustees of fifteen members, fourteen of whom shall be
appointed for terms of seven years, except that the initial appointments
shall be made as set forth in this subdivision, and one member who shall
be elected by and from among the students of the college and shall serve
as set forth in subdivision one of this section. Eight members shall be
appointed by the local governing bodies of the counties and city
eligible to appoint members to the Jamestown community college regional
board of trustees, and six members shall be appointed by the governor.
The eight locally appointed members of such board may include one member
appointed from among the local governing bodies of the counties or city
eligible to appoint members to the regional board of trustees.
Membership in the Jamestown community college regional board of trustees
shall be apportioned in accordance with the number of full-time
equivalent students attending the community college who are residents of
the respective participating counties or city, and in accordance with
such further regulations as may be prescribed by the state university
trustees.

Upon the effective date of this subdivision, and notwithstanding any
inconsistent provision of any other law, the current Jamestown community
college board of trustees shall be redesignated the Jamestown community
college regional board of trustees and the terms of the current members
of the Jamestown community college board of trustees shall continue
until their expiration or termination as provided by section sixty-three
hundred six of this chapter. The governor's initial appointments to the
Jamestown community college regional board of trustees shall be as
follows: one individual shall be appointed for a term of three years,
and one individual shall be appointed for a term of five years. Initial
appointments by the local authorities shall be as follows: one
individual shall be appointed for a term of two years, one individual
shall be appointed for a term of four years, and one individual shall be
appointed for a term of six years. Vacancies shall be filled for
unexpired terms in the same manner as original selections by the
authority responsible for the original selection. The board shall select
its own chairman from among its voting membership. Trustees shall
receive no compensation for their services but shall be reimbursed for
their expenses actually and necessarily incurred by them in the
performance of their duties under this article. Members initially
appointed or elected under this subdivision to any community college
regional board of trustees hereafter established shall take office
immediately upon their selection and qualification, but for purposes of
determining the expiration of their respective terms and the
commencement of the terms of their successors, the term of office of
each such initial member shall be deemed to have commenced on the first
day of July of the year in which such college was established. The terms
of office of all members of community college regional boards of
trustees heretofore established, appointed or elected as provided in
this subdivision, shall terminate on the thirtieth day of June of the
calendar year within which such terms expire under the provisions of
this subdivision as hereby amended. For the purpose of determining such
year, all initial terms of office of appointed members of the community
college regional board of trustees heretofore established and the terms
of their successors for full terms, if any, shall be deemed to have
commenced upon the expiration of the number of years from such date for
which such initial appointments were made.

The one member elected by and from among the students of the college
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.

1-b. Notwithstanding any provision of this article to the contrary,
with regard to the operating costs of the Jamestown community college,
the county of Chautauqua, as a local sponsor of such college, may pay
all such operating costs incurred by such county and may also pay all
such operating costs incurred by any city within such county which is a
local sponsor of such college. The county of Chautauqua may pay all such
operating costs pursuant to this subdivision:

(a) without any charge back to any city or town within such county; or

(b) with a charge back of all or any portion of such operating costs
to the cities (including the city of Jamestown) and towns in such
county, in proportion to the number of students attending such community
college each term who were residents of each such city or town at the
beginning of such term.

2. Pursuant to such regulations and limitations as may be established
and prescribed by the state university trustees, the community college
regional board of trustees may enter into any contract or agreement
deemed necessary or appropriate for the effective operation of the
college, including: (a) contracts or agreements entered into with the
federal government to enable participation in federal student loan
programs, including any and all instruments required thereunder; and (b)
contracts with non-profit corporations organized by officers, employees,
alumni or students of the college for the furtherance of its objects and
purposes. Notwithstanding the provisions of any other law, general,
special or local, such contracts entered into with such non-profit
corporation shall not be subject to any requirement that contracts be
let to the lowest responsible bidder after advertisement for bids.
Nothing contained in this subdivision shall be deemed to diminish or
impair any powers or authority otherwise vested in the community college
regional board of trustees.

3. Pursuant to such regulations and limitations as may be established
and prescribed by the state university trustees with the approval of the
director of the budget, the community college regional board of trustees
may participate in cooperative educational programs, services and
arrangements with colleges, universities, school districts, boards of
cooperative educational services, libraries, museums and join any
cooperative association of such educational institutions formed as a
corporation pursuant to section two hundred sixteen of this chapter.

4. The community college regional board of trustees is hereby created
a body corporate. All property which is now vested in, or shall
hereafter be conveyed or transferred to the community college regional
board of trustees, shall be held by them as a corporation.

4-a. (a) A community college regional board of trustees shall have the
authority to appoint security officers for the community college and, in
its discretion, to designate or to revoke the designation of one or more
than one security officer as a peace officer. A security officer so
designated shall have the powers of a peace officer as set forth in
section 2.20 of the criminal procedure law. A security officer
designated as a peace officer must have satisfactorily completed or
complete, within one year of the date of such designation, a course of
law enforcement training prescribed by the municipal police training
council in consultation with the state university board of trustees. A
peace officer so designated may possess and carry a firearm as a part of
on duty employment only if authorized to do so by the president of the
community college. The geographical area of employment of a peace
officer so designated is the campus and other property of the community
college at which the peace officer serves, including that portion of a
public highway which crosses or abuts such property, and residential or
other facilities owned, operated, or maintained by a not-for-profit
entity associated with the community college for which such college
provides security.

(b) The appointment of security officers at a community college shall
be governed by and conform with civil service laws, rules and
regulations, if applicable to the community college and its employees.
The designation of a security officer as a peace officer shall be based
on qualifications established by the community college board of
trustees, and in accordance with seniority. For purposes of this
subdivision, "seniority" means total employment service with the
community college making such designation.

(c) A security officer who has been designated a peace officer may
have such designation suspended or removed pursuant to procedures
established by the community college or in compliance with any local
collective bargaining agreement, if applicable to the community college
and its employees.

(d) The designation of peace officers pursuant to this subdivision
shall not be deemed to supersede in any way the authority of other peace
officers and police officers.

(e) Nothing contained in this section shall be construed to: (i) alter
any existing collective bargaining agreement; (ii) diminish the rights
of employees pursuant to an existing collective bargaining agreement;
(iii) affect existing law with respect to an application to the public
employment relations board seeking designation by the board that certain
persons are managerial or confidential; or (iv) alter or restrict the
power of a county or community college sponsor or employee organization
to negotiate with respect to an alternate method of appointment or
promotion of security officers.

5. Two or more eligible counties appointing members to a community
college regional board of trustees shall divide the local share of the
capital costs of a community college sponsored by such community college
region according to the respective equalized assessed valuations of such
counties or such other factors as may be prescribed by the state
university trustees. The local share of the operating expenses of a
community college sponsored by a community college region shall be
apportioned among those counties appointing members to the community
college regional board of trustees on the basis of operating shares.
Such operating shares shall be allocated in proportion to the number of
students attending the community college who are residents of the
respective counties participating on the community college regional
board, calculated on the basis of full-time equivalent students, in the
same manner as the allocable portion of the local sponsor's share of
operating costs pursuant to section sixty-three hundred five of this
chapter, and such other factors as may be prescribed by the state
university trustees. Any community college sponsored by a community
college region may, under the provisions of section six thousand three
hundred five of this chapter, elect to charge an allocable portion of
the operating costs incurred by the regional sponsor, and a further sum
on account of the regional sponsor's share of capital costs, to the
counties of residence of students attending such college who are
non-residents of the community college region.

6. The final budget of the community college region as adopted by the
regional board of trustees and approved by the state university trustees
shall be a charge against all of the counties appointing members to such
board. The regional board of trustees, after approval of its budget,
shall certify to the legislative body or board of all counties
appointing members to such regional board the respective proportionate
share of the capital and operating costs required to be raised by each
county. The counties shall add such costs, as certified, to their own
budgets and provide such certified costs by appropriations from general
revenues or from funds derived from special tax levies earmarked in part
or whole for such purposes, by the use of gifts of money or, with the
consent of the state university trustees, by the use of property, gifts
of property or by the furnishing of services. Where a county provides
all or a portion of its share of capital or operating costs in real or
personal property or in services, the valuation of such property and
services for the purpose of determining the amount of state aid shall be
made by the state university trustees with the approval of the director
of the budget. Such funds shall be turned over to the treasurer of the
community college sponsored by the community college region within the
fiscal year of such region. Notwithstanding any other provision of this
subdivision, all counties appointing members to a community college
regional board of trustees may require that any budget proposed by such
regional board, which would result in an increase in the level of
contributions to college revenues by such counties over the level of
contributions required for the previous college fiscal year, shall be
approved by the legislative body or board of all such counties.

7. Notwithstanding the provisions of any general, special or local law
to the contrary, the fiscal year of a community college sponsored by a
community college region shall begin with the first day of September and
end with the thirty-first day of August in each year. All of the
provisions of law fixing times or dates within which or by which certain
acts shall be performed in relation to the preparation and adoption of
the budget of a county, including but not limited to submission of a
budget estimate, filing of a tentative budget, public hearing and
adoption of a budget, shall apply to the budget of a community
college-sponsored by a community college region but shall be
correspondingly changed, as to time, to relate to the commencement of
the fiscal year of the community college region; provided, however, that
after the budget for the community college region shall have been
adopted, the counties appointing members to a community college regional
board of trustees shall provide for the raising of taxes required by
such budget, without any decrease in amount, in the same manner and at
the same time prescribed by law for the annual levy of taxes by or for
the county.

8. Moneys raised by taxation for maintenance of a community college
region and moneys received from all other sources for purposes of the
community college region shall be kept separate and distinct from any
other moneys of the counties appointing members to the community college
regional board of trustees and shall not be used for any other purpose.
The amount of taxes levied for maintenance of a community college region
shall be credited thereto and made available therefor within the fiscal
year of such community college region.

9. The community college regional board of trustees shall direct that
payment of amounts for maintenance of the college be made in whole or in
part to the treasurer of the community college sponsored by such region
for expenditure by such officer, subject to such regulations regarding
the custody, deposit, audit and payment thereof as such board of
trustees may deem proper.

The board of trustees may authorize the treasurer of the college to
establish a bank account or accounts in the name of the college and
deposit therein moneys received or collected by the college, including
moneys appropriated and paid by the counties appointing members to the
community college regional board of trustees, moneys received from
tuition, fees, charges, sales of products and services, and from all
other sources. The board of trustees may authorize the treasurer to pay
all proper bills and accounts of the college, including salaries and
wages, from funds in its custody. The treasurer shall execute a bond or
official undertaking to the community college regional board of trustees
in such sum and with such sureties as that board shall require, the
expense of which shall be a college charge.

The community college regional board of trustees similarly may
authorize the treasurer to establish and maintain petty cash funds, not
in excess of two hundred dollars each, for specified college purposes or
undertakings, from which may be paid, in advance of audit, properly
itemized and verified or certified bills for materials, supplies or
services furnished to the college for the conduct of its affairs and
upon terms calling for the payment of cash to the vendor upon the
delivery of any such materials or supplies or the rendering of any such
services. Lists of all expenditures made from such petty cash funds
shall be presented to the board of trustees at each regular meeting
thereof, together with the bills supporting such expenditures, for audit
and the board shall direct reimbursement of such petty cash funds from
the appropriate budgetary item or items in an amount equal to the total
of such bills which it shall so audit and allow. Any of such bills or
any portion of any of such bills as shall be disallowed upon audit shall
be the personal responsibility of the treasurer and such official shall
forthwith reimburse such petty cash fund in the amount of such
disallowances.

The community college regional board of trustees shall provide for
periodic audits of all accounts maintained at its direction and render
such reports respecting any and all receipts and expenditures of the
college as the local legislative body or board, or other appropriate
governing agency, may direct.

10. All proposals for the acquisition or construction, including new
construction, additions or reconstruction of college facilities adopted
by a community college regional board of trustees shall be approved by
the legislative body or board of all counties appointing members to such
board of trustees, and the state university trustees. Upon such
approvals, each participating county may finance its proportionate share
of the cost of acquisition of such facilities either from any current
funds legally available therefor, or by the issuance of obligations
pursuant to the local finance law. All counties participating in such
regional board of trustees may together issue joint obligations pledging
the full faith and credit for all participating counties jointly and
that each such county shall pay a specified share of annual debt service
on such joint obligations in accordance with the provisions of article
five-g of the general municipal law and applicable provisions of the
local finance law.

10-a. Notwithstanding the provisions of subdivision ten of this
section, upon receipt of the approvals set forth in such subdivision,
the board of trustees of the community college region may finance a duly
authorized specific object or purpose or class of objects or purposes by
the issuance of bonds, notes or other evidence of indebtedness or
pursuant to a financing transaction of the community college region with
the dormitory authority in accordance with the provisions of article
eight of title four of the public authorities law.

11. The community college regional board of trustees, for the purpose
of administering the state civil service law, shall be deemed to be a
municipal employer. No civil service rights of an employee of any
community college or local sponsor shall be lost, impaired or affected
by reason of the enactment of this section and related amendments of
this article into law.

12. For the purposes of article fourteen of the civil service law, the
community college regional board of trustees shall be deemed to be the
public employer and as such shall negotiate with and enter into written
agreements with employee organizations representing the instructional
staff and non-instructional staff of the community colleges that have
been certified or recognized under such article. For purposes of such
article, the president of the community college shall be deemed to be
the chief executive officer, the chief legal officer of the community
college shall be chief legal officer, and the community college regional
board of trustees shall be deemed to be the legislative body of the
government. The state public employment relations board shall have
exclusive jurisdiction for the purpose of administering the provisions
of such article.

13. For the purpose of this section, all references in this section to
a "county" or "counties" shall be deemed to include a city or cities, or
a school district or school districts, as the case may be.

14. a. The following terms, when used or referred to in this
subdivision, shall have the following meaning:

(i) "Credit card" means any credit card, credit plate, charge card,
charge plate, courtesy card, debit card, other identification card,
value transfer device as defined by the state comptroller or device
issued by a person to another person which may be used to obtain a cash
advance or a loan or credit, or to purchase or lease property or
services on the credit of the person issuing the credit card or a person
who has agreed with the issuer to pay obligations arising from the use
of a credit card issued to another person.

(ii) "Card issuer" means an issuer of a credit card, charge card or
other value transfer device.

(iii) "Financing agency" means any agency defined as such in
subdivision eighteen of section four hundred one of the personal
property law.

(iv) "Person" means an individual, partnership, corporation or any
other legal or commercial entity.

b. The community college regional board of trustees of any community
college may determine, by resolution, that it is in the public interest
to authorize such community college to enter into agreements with one or
more financing agencies or card issuers to provide for the acceptance,
by such officers of the community college as may be designated pursuant
to this subdivision, of credit cards as a means of payment of tuition,
expenses, fees, charges, revenue, financial obligations or other amounts
owed by students to the community college. Any such agreement shall
govern the terms and conditions upon which a credit card proffered as a
means of payment of tuition, expenses, fees, charges, revenue, financial
obligations or other amounts shall be accepted or declined and the
manner in and conditions upon which the financing agency or card issuer
shall pay to such community college the amount of tuition, expenses,
fees, charges, revenue, financial obligations or other amounts paid by
means of a credit card pursuant to such agreement. Any such agreement
may provide for the payment by such community college to such financing
agency or card issuer of fees for the services provided by such
financing agency or card issuer pursuant to such agreement, which fees
may consist of a discount deducted from or payable in respect of the
amount of each such tuition, expenses, fee, charge, revenue, financial
obligation or other amount. If fees are paid by such a discount, they
shall be post-audited by the officer or board of the community college
responsible for auditing claims against the community college.

c. Any community college which has entered into an agreement with a
financing agency or card issuer as authorized by this subdivision may
accept credit cards as a means of payment of tuition, expenses, fees,
charges, revenue, financial obligations or other amounts, as provided in
such agreement and may pay such fees as are specified in such agreement
to such financing agency or card issuer in consideration of the services
rendered by such financing agency or card issuer thereunder.
Notwithstanding any other provision of law to the contrary, it shall be
the option of the community college regional board of trustees of the
community college to require, as a condition of accepting payment by
credit card, that such person offering payment by credit or charge card
pay a service fee to the community college not exceeding costs incurred
by the community college in connection with the credit or charge card
payment transaction, including any fee owed by the community college to
the financing agency or card issuer arising from that transaction.

d. Contracts entered into pursuant to this subdivision between a
community college and financing agencies or card issuers shall be
awarded in accordance with the community college's written internal
policies and procedures governing procurements.

e. The underlying debt, lien, obligation, bill, account or other
amount owed by the student to the community college for which payment by
credit card is accepted by the community college shall not be expunged,
cancelled, released, discharged or satisfied, and any receipt or other
evidence of payment shall be deemed conditional, until the community
college has received final and unconditional payment of the full amount
due from the financing agency or card issuer for such credit card
transaction.

f. The community college regional board of trustees, in enacting a
resolution pursuant to this subdivision, shall designate which of its
officers, charged with the duty of collecting or receiving moneys on
behalf of the community college, shall be authorized to accept credit
cards as a means of payment of tuition, expenses, fees, charges,
revenue, financial obligations and other amounts.

g. Under circumstances where community colleges are otherwise
authorized by law to contract for the collection of tuition, expenses,
fees, charges, revenue, financial obligations or other amounts, such
contract shall provide that the contractor accept credit cards as a
mechanism for payment.

15. a. Notwithstanding any other law to the contrary, whenever an
officer of a community college is authorized pursuant to law to disburse
or transfer on behalf of the community college funds in the custody of
the officer, that officer shall be authorized to disburse or transfer
such funds by means of electronic or wire transfer. Such disbursements
shall be otherwise subject to applicable laws, provided that:

(i) the community college regional board of trustees of the community
college has entered into a written agreement with the bank or trust
company in which such funds have been deposited, prescribing the manner
in which electronic or wire transfer of such funds shall be
accomplished, identifying by number and name those accounts from which
electronic or wire transfers may be made, identifying which officer or
officers are authorized to order the electronic or wire transfer of
funds from those accounts, and implementing a security procedure as
defined in section 4-A-201 of the uniform commercial code; and

(ii) the bank or trust company processing the transfer shall provide
to the officer ordering the electronic or wire transfer of funds written
confirmation of each such transaction no later than the business day
following the day on which the funds are transmitted.

b. It shall be the duty of the community college regional board of
trustees of the community college to adopt a system of internal controls
for the documentation and reporting of all transfers or disbursements of
funds accomplished by electronic or wire transfer.

16. a. The community college regional board of trustees of any
community college, may determine, by resolution, that it is in the
public interest and authorize such community college to provide for the
acceptance of tuition, expenses, fees, charges, revenue, financial
obligations or other amounts via a community college internet website.
However, submission via the internet may not be required as the sole
method for the collection of tuition, expenses, fees, charges and other
amounts. Such payments shall be accepted via the internet in a manner
and condition defined by such community college. Any method used to
receive internet payments shall comply with article one of the state
technology law and any rules and regulations promulgated and guidelines
developed thereunder and, at a minimum must:

(i) authenticate the identity of the sender; and

(ii) ensure the security of the information transmitted.

b. Payments received via the internet shall be considered received by
the appropriate officer and paid by the payor at the time the internet
transaction is completed and sent by the payor.

c. The underlying debt, lien, obligation, bill, account or other
amount owed by the student to the community college for which payment by
internet is accepted by the community college shall not be expunged,
cancelled, released, discharged or satisfied, and any receipt or other
evidence of payment shall be deemed conditional, until the community
college has received final and unconditional payment of the full amount
due.

d. The community college regional board of trustees, in enacting a
resolution pursuant to this subdivision, shall designate which of its
officers, charged with the duty of collecting or receiving moneys on
behalf of the community college, shall be authorized to accept such
payments via the internet.

17. Notwithstanding any provision of this chapter to the contrary, a
community college regional board of trustees of a community college
region shall be the local sponsor of such community college for the
purposes of entering into agreements with the dormitory authority of the
state of New York on behalf of the community college pursuant to
subdivisions nine, ten, eleven, twelve, thirteen, fourteen and sixteen
of section sixteen hundred eighty of the public authorities law and
shall have full authority to perform, on behalf of such community
college, all obligations of the college under its agreements with the
dormitory authority.