A05373 Summary:

BILL NO    A05373 

SAME AS    SAME AS S01035

SPONSOR    Lifton (MS)

COSPNSR    Dinowitz

MLTSPNSR   Cahill, Cymbrowitz, Glick, Hooper, Peoples-Stokes

Amd SS353, 6003 & 6204, add Art 25 SS1301 - 1308, Ed L

Establishes the committee on university boards of trustees nominations to
recommend candidates who must be considered for appointment to fill vacancies
on the board of trustees of the state university of New York, the city
university of New York and the college of environmental science and forestry of
the state university of New York; establishes qualifications for such
candidates; establishes orientation education program and continuing education
program for members of such boards of trustees, and establishes conflict of
interest provisions relating to such members.
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A05373 Actions:

BILL NO    A05373 

02/20/2015 referred to higher education
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A05373 Votes:

There are no votes for this bill in this legislative session.
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A05373 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5373

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 20, 2015
                                      ___________

       Introduced  by  M. of A. LIFTON, DINOWITZ -- Multi-Sponsored by -- M. of
         A. CAHILL, CYMBROWITZ, GLICK, HOOPER, PEOPLES-STOKES -- 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:

    1    Section 1. Section 353 of the education law is amended by adding a new
    2  subdivision 5 to read as follows:
    3    5. EVERY MEMBER OF THE BOARD  OF  TRUSTEES  OF  THE  STATE  UNIVERSITY
    4  SHALL, UPON INITIAL APPOINTMENT TO SUCH OFFICE, COMPLETE THE ORIENTATION
    5  PROGRAM  ESTABLISHED  PURSUANT  TO  SUBDIVISION FOUR OF SECTION THIRTEEN
    6  HUNDRED FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD  OF
    7  TRUSTEES  OF  THE  STATE  UNIVERSITY  SHALL  COMPLETE  THE COMPREHENSIVE
    8  CONTINUING EDUCATION PROGRAM, ESTABLISHED PURSUANT TO  SUBDIVISION  FIVE
    9  OF SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN ACCORDANCE WITH THE
   10  RULES  AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES
   11  NOMINATIONS.
   12    S 2. The education law is amended by adding a new article 25  to  read
   13  as follows:
   14                                  ARTICLE 25
   15                      COMMITTEE ON UNIVERSITY BOARDS OF
   16                            TRUSTEES NOMINATIONS
   17  SECTION 1301. LEGISLATIVE INTENT.
   18          1302. DEFINITIONS.
   19          1303.  COMMITTEE  ON  UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS;
   20                 ESTABLISHED.
   21          1304. POWERS AND DUTIES.
   22          1305. RECOMMENDATIONS.
   23          1306. CANDIDATE QUALIFICATIONS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01962-01-5
       A. 5373                             2

    1          1307. SUPPORT SERVICES.
    2          1308. CONFLICT OF INTEREST.
    3    S  1301.  LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY FINDS THAT THERE
    4  HAS BEEN A NATIONWIDE TREND OF DECLINING  QUALITY  OF  THE  TRUSTEES  OF
    5  PUBLIC  INSTITUTIONS  OF  HIGHER  EDUCATION.  SEVERAL  STATES HAVE TAKEN
    6  LEGISLATIVE OR EXECUTIVE ACTION TO ASSURE HIGHLY QUALIFIED  APPOINTMENTS
    7  TO  THE  BOARDS OF TRUSTEES FOR THEIR RESPECTIVE PUBLIC UNIVERSITIES AND
    8  COLLEGES. SEVERAL STATES HAVE INITIATED EDUCATIONAL PROGRAMS  FOR  THEIR
    9  TRUSTEES  BOTH  FOR  ORIENTATION  AND  CONTINUING EDUCATION. IN ORDER TO
   10  ASSURE THE CONTINUED SUCCESS AND  HIGHEST  STANDARDS  OF  PUBLIC  HIGHER
   11  EDUCATION  IN  THE STATE OF NEW YORK, THE LEGISLATURE HEREBY ESTABLISHES
   12  THE COMMITTEE ON BOARDS  OF  TRUSTEES  NOMINATIONS,  AND  ESTABLISHES  A
   13  MANDATORY  ORIENTATION  AND CONTINUING EDUCATION REQUIREMENT FOR MEMBERS
   14  OF THE BOARD OF TRUSTEES OF THE  STATE  UNIVERSITY  OF  NEW  YORK,  CITY
   15  UNIVERSITY  OF  NEW  YORK  AND  THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
   16  FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
   17    S 1302. DEFINITIONS. AS USED IN THIS ARTICLE:
   18    1. "CITY UNIVERSITY" SHALL MEAN THE CITY UNIVERSITY OF NEW YORK.
   19    2. "COLLEGE" SHALL MEAN  THE  COLLEGE  OF  ENVIRONMENTAL  SCIENCE  AND
   20  FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
   21    3.  "COMMITTEE" SHALL MEAN THE COMMITTEE ON UNIVERSITY BOARDS OF TRUS-
   22  TEES NOMINATIONS.
   23    S 1303. COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS; ESTAB-
   24  LISHED. 1. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT  THE  COMMITTEE
   25  ON  UNIVERSITY  BOARDS  OF  TRUSTEES  NOMINATIONS.  THE  COMMITTEE SHALL
   26  CONSIST OF TWELVE MEMBERS  EACH  APPOINTED  FOR  A  TERM  OF  SIX  YEARS
   27  COMMENCING  ON THE FIRST DAY OF DECEMBER. THE MEMBERS SHALL BE APPOINTED
   28  AS FOLLOWS:
   29    A. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
   30    B. THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF  THE
   31  SENATE;
   32    C. THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   33    D. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
   34  AND
   35    E.  ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
   36  BLY.
   37    2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
   38  THE  MEMBERS OF THE COMMITTEE WHOSE TERMS COMMENCE ON THE EFFECTIVE DATE
   39  OF THIS ARTICLE SHALL BE APPOINTED FOR THE FOLLOWING TERMS:
   40    A. TWO YEARS: ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
   41  SENATE,  ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER
   42  APPOINTED BY THE MINORITY LEADER OF THE SENATE AND ONE MEMBER  APPOINTED
   43  BY THE MINORITY LEADER OF THE ASSEMBLY;
   44    B.  FOUR  YEARS:  TWO  MEMBERS  APPOINTED  BY THE GOVERNOR, ONE MEMBER
   45  APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  ONE  MEMBER
   46  APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND
   47    C.  SIX  YEARS:  TWO  MEMBERS  APPOINTED  BY  THE GOVERNOR, ONE MEMBER
   48  APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  ONE  MEMBER
   49  APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   50    3.  THE TERMS OF ALL MEMBERS OF THE COMMITTEE SHALL END ON THE THIRTI-
   51  ETH DAY OF NOVEMBER IN THE YEAR THE  MEMBER'S  TERM  EXPIRES.  ALL  SUCH
   52  MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSOR IS APPOINTED
   53  AND QUALIFIED. VACANCIES, OCCURRING OTHER THAN BY EXPIRATION OF THE TERM
   54  OF  A  MEMBER OF THE COMMITTEE, SHALL BE FILLED FOR THE REMAINDER OF THE
   55  UNEXPIRED TERM. THE MEMBERS OF THE COMMITTEE MAY BE REMOVED FROM  OFFICE
   56  PURSUANT TO ARTICLE THREE OF THE PUBLIC OFFICERS LAW.
       A. 5373                             3

    1    4.  THE  MEMBERS  OF  THE  COMMITTEE SHALL RECEIVE NO COMPENSATION FOR
    2  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
    3  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
    4    S  1304.    POWERS  AND DUTIES. THE COMMITTEE SHALL HAVE THE FOLLOWING
    5  POWERS AND DUTIES:
    6    1. TO ESTABLISH ADDITIONAL QUALIFICATION CRITERIA FOR  CANDIDATES  FOR
    7  THE  BOARDS  OF  TRUSTEES  OF  THE STATE UNIVERSITY, CITY UNIVERSITY AND
    8  COLLEGE;
    9    2. DEVELOP A STATEMENT OF ALL CRITERIA TO BE APPLIED AND A DESCRIPTION
   10  OF THE RESPONSIBILITIES AND DUTIES OF MEMBERS OF THE BOARDS OF  TRUSTEES
   11  OF  THE  STATE  UNIVERSITY,  CITY UNIVERSITY AND COLLEGE, AND DISTRIBUTE
   12  SUCH STATEMENT  AND  DESCRIPTION  TO  PROSPECTIVE  CANDIDATES  FOR  SUCH
   13  MEMBERSHIP;
   14    3.  FOR  EACH  VACANT  POSITION ON THE BOARDS OF TRUSTEES OF THE STATE
   15  UNIVERSITY, CITY UNIVERSITY AND COLLEGE, IDENTIFY AND RECRUIT  QUALIFIED
   16  CANDIDATES  FOR  SUCH POSITION, BASED UPON THE BACKGROUND AND EXPERIENCE
   17  OF THE CANDIDATE, AND THEIR POTENTIAL TO FULFILL THE RESPONSIBILITIES OF
   18  A TRUSTEE;
   19    4. DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY  UNIVERSITY
   20  AND COLLEGE, A COMPREHENSIVE ORIENTATION PROGRAM TO BE CONDUCTED BY EACH
   21  SUCH  INSTITUTION  FOR TRUSTEES WHO ARE INITIALLY BEING APPOINTED TO THE
   22  BOARD OF TRUSTEES. SUCH ORIENTATION PROGRAM SHALL INCLUDE,  BUT  NOT  BE
   23  LIMITED  TO,  PRESENTATION  OF  INFORMATION  RELATING TO THE APPROPRIATE
   24  INSTITUTION'S MISSION, BUDGET,  PLANS,  POLICIES,  STRENGTHS  AND  WEAK-
   25  NESSES; AND
   26    5.  DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY UNIVERSITY
   27  AND  COLLEGE,  A  COMPREHENSIVE  CONTINUING  EDUCATION  PROGRAM  TO   BE
   28  CONDUCTED BY EACH SUCH INSTITUTION FOR ALL ITS TRUSTEES.
   29    S 1305. RECOMMENDATIONS. THE COMMITTEE SHALL SUBMIT THE NAMES OF THREE
   30  CANDIDATES FOR EACH VACANCY ON THE BOARD OF TRUSTEES OF:
   31    1. THE STATE UNIVERSITY OR THE COLLEGE TO THE GOVERNOR, AND
   32    2. THE CITY UNIVERSITY TO THE MAYOR OF THE CITY OF NEW YORK.
   33    THE  GOVERNOR AND THE MAYOR OF THE CITY OF NEW YORK SHALL ONLY APPOINT
   34  AS MEMBERS OF A BOARD OF TRUSTEES FROM THOSE CANDIDATES SUBMITTED BY THE
   35  COMMITTEE.
   36    S 1306. CANDIDATE QUALIFICATIONS. ALL CANDIDATES RECOMMENDED  PURSUANT
   37  TO  SECTION THIRTEEN HUNDRED FIVE OF THIS ARTICLE SHALL HAVE THE FOLLOW-
   38  ING QUALIFICATIONS:
   39    1. GENERAL QUALIFICATIONS. ALL CANDIDATES RECOMMENDED BY THE COMMITTEE
   40  SHALL POSSESS UNIMPEACHABLE PERSONAL INTEGRITY, INDEPENDENCE,  A  STRONG
   41  COMMITMENT  TO  PUBLIC  HIGHER  EDUCATION,  A  WILLINGNESS TO DEVOTE THE
   42  NECESSARY TIME AND ENERGY TO THE APPROPRIATE BOARD OF  TRUSTEES,  AND  A
   43  WILLINGNESS  TO  FOREGO  ANY  PARTISAN  POLITICAL ACTIVITY THAT COULD BE
   44  DISRUPTIVE OR HARMFUL TO THE INSTITUTION OF HIGHER EDUCATION.
   45    2. SPECIFIC QUALIFICATIONS. ALL RECOMMENDED CANDIDATES SHALL HAVE:
   46    A. EARNED A HIGHER EDUCATION DEGREE,  WITH  A  PREFERENCE  GRANTED  TO
   47  CANDIDATES  WHOSE  DEGREE  WAS  CONFERRED BY THE STATE UNIVERSITY OR THE
   48  CITY UNIVERSITY;
   49    B. DEMONSTRATED EXPERIENCE, EITHER VOLUNTARY OR COMPENSATED, IN PUBLIC
   50  HIGHER EDUCATION;
   51    C. DEMONSTRATED EXPERIENCE AS THE MEMBER OF  A  BOARD,  COMMISSION  OR
   52  SIMILAR ENTITY;
   53    D. DEMONSTRATED EXPERIENCE OR EDUCATION RELATED TO THE IDENTIFICATION,
   54  INTERVIEWING AND SELECTION OF PERSONNEL;
   55    E.  EXPERIENCE  OR  EDUCATION  SUFFICIENT  TO  ENABLE THE CANDIDATE TO
   56  UNDERSTAND PUBLIC HIGHER EDUCATION FINANCE ISSUES;
       A. 5373                             4

    1    F. MET THE REQUIREMENTS ESTABLISHED FOR THE APPROPRIATE BOARD OF TRUS-
    2  TEES PURSUANT TO SECTION THREE HUNDRED FIFTY-THREE, SIX  THOUSAND  THREE
    3  OR SIXTY-TWO HUNDRED FOUR OF THIS CHAPTER; AND
    4    G.  MET  SUCH  ADDITIONAL CRITERIA AS THE COMMITTEE SHALL ESTABLISH BY
    5  RULE OR REGULATION.
    6    S 1307. SUPPORT SERVICES. ALL EXPENSES OF THE COMMITTEE SHALL BE  PAID
    7  AND  ALL  SUPPORT NEEDED BY THE COMMITTEE SHALL BE PROVIDED BY THE STATE
    8  UNIVERSITY AND THE CITY UNIVERSITY IN PROPORTION TO  THE  APPROPRIATIONS
    9  MADE TO EACH SUCH UNIVERSITY.
   10    S  1308.  CONFLICT  OF INTEREST. NO MEMBER OF THE BOARD OF TRUSTEES OF
   11  THE STATE UNIVERSITY, CITY UNIVERSITY OR COLLEGE NOR ANY IMMEDIATE FAMI-
   12  LY MEMBER THEREOF SHALL BE EMPLOYED FOR COMPENSATION AT ANY  INSTITUTION
   13  GOVERNED BY THE BOARD OF TRUSTEES OF WHICH SUCH MEMBER IS A MEMBER. WORK
   14  STUDY AND OTHER FORMS OF WORK RELATING TO A BONA FIDE COURSE OF STUDY OR
   15  FINANCIAL  ASSISTANCE FOR SUCH COURSE OF STUDY SHALL NOT BE DEEMED TO BE
   16  EMPLOYMENT FOR COMPENSATION FOR THE PURPOSES OF THIS SECTION.
   17    S 3. Section 6003 of the education law is  amended  by  adding  a  new
   18  closing paragraph to read as follows:
   19    EVERY  MEMBER OF THE BOARD OF TRUSTEES SHALL, UPON INITIAL APPOINTMENT
   20  TO SUCH OFFICE, COMPLETE THE ORIENTATION PROGRAM ESTABLISHED PURSUANT TO
   21  SUBDIVISION FOUR OF SECTION  THIRTEEN  HUNDRED  FOUR  OF  THIS  CHAPTER.
   22  FURTHERMORE,  EVERY  MEMBER  OF THE BOARD OF TRUSTEES SHALL COMPLETE THE
   23  COMPREHENSIVE  CONTINUING  EDUCATION  PROGRAM  ESTABLISHED  PURSUANT  TO
   24  SUBDIVISION  FIVE  OF  SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN
   25  ACCORDANCE WITH THE RULES AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY
   26  BOARDS OF TRUSTEES NOMINATIONS.
   27    S 4. Section 6204 of the education law is  amended  by  adding  a  new
   28  subdivision 4 to read as follows:
   29    4.  TRAINING OF TRUSTEES. EVERY MEMBER OF THE BOARD OF TRUSTEES SHALL,
   30  UPON INITIAL  APPOINTMENT  TO  SUCH  OFFICE,  COMPLETE  THE  ORIENTATION
   31  PROGRAM  ESTABLISHED  PURSUANT  TO  SUBDIVISION FOUR OF SECTION THIRTEEN
   32  HUNDRED FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD  OF
   33  TRUSTEES  SHALL COMPLETE THE COMPREHENSIVE CONTINUING EDUCATION PROGRAM,
   34  ESTABLISHED PURSUANT TO SUBDIVISION FIVE  OF  SECTION  THIRTEEN  HUNDRED
   35  FOUR  OF  THIS  CHAPTER, IN ACCORDANCE WITH THE RULES AND REGULATIONS OF
   36  THE COMMITTEE.
   37    S 5. This act shall take effect on the first of December next succeed-
   38  ing the date on which it shall have become a law; provided, however, all
   39  members of the committee on university boards  of  trustees  nominations
   40  shall  be  appointed  pursuant  to section 1303 of the education law, as
   41  added by section two of this act, on or before such effective date.
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