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A08297 Summary:

BILL NOA08297
 
SAME ASSAME AS S02212
 
SPONSORHyndman
 
COSPNSR
 
MLTSPNSR
 
Amd 356, Ed L
 
Mandates attendance by members appointed by the governor at meetings of councils of state-operated institutions.
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A08297 Actions:

BILL NOA08297
 
06/06/2017referred to higher education
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A08297 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8297
 
SPONSOR: Hyndman
  TITLE OF BILL: An act to amend the education law, in relation to meetings of councils of state-operated institutions   SUMMARY OF PROVISIONS: This bill amends section 356 of the education law, which provides for councils of state-operated colleges and universities. Sub-section one:amends the law to establish that council members who do 11,A attend and have not been excused from three of the four meets as required by this section shall no longer serve as members of the council and shall notify the governor in writing of such vacancy. Sub-section 2-a:added to require that one of the four regular meetings be conducted during the fall semester at which time the president of the campus shall report on the state of the college. Section 4: adds a provision stating that each council may establish sub-committees which would assist the council with duties outlined in Section 3 of this bill.   JUSTIFICATION: Under section 356 of the education law each of the state-operated insti- tutions is supervised locally by a college council consistent with the rules established by the SUNY Board of Trustees. The college councils provide local oversight of the institutions opera- tion. They are responsible to review and make recommendations regarding changes in institutional plans, regulations regarding the care and management of buildings and the conduct of students. This legislation is intended to encourage members to take a more structured and active role in the general operation and governance of the respective college campuses. Many of the college council members bring varied experiences and resources to the college and can provide insight and guidance from a local and regional perspective. This legislation supports the expansion of those efforts and provides a structure to encourage members to use their expertise and management to the betterment of the college.   LEGISLATIVE HISTORY: 2015-16 S.229; 2013-14 S.1555/A.6819; 2011-12 1809; 2009-10 S.1445; 2007-2008, S.3905; 2005--2006, S.7614-A.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Thy act shall take effect immediately.
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A08297 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8297
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 6, 2017
                                       ___________
 
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Higher Education
 
        AN ACT to amend the education law, in relation to meetings  of  councils
          of state-operated institutions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 356 of the education law, as amended by chapter 552
     2  of the laws of 1985, is amended to read as follows:
     3    § 356. Councils of state-operated institutions; powers and duties.  1.
     4  Subject  to  the  general  management, supervision and control of and in
     5  accordance with rules established by the state university trustees,  the
     6  operations  and  affairs of each state-operated institution of the state
     7  university shall be supervised locally by a council  consisting  of  ten
     8  members, nine of whom shall be appointed by the governor and one of whom
     9  shall be elected by and from among the students of the institution. Such
    10  voting  members  shall  be  subject  to  every provision of any general,
    11  special or local law,  ordinance,  charter,  code,  rule  or  regulation
    12  applying  to  the  voting  members  of  such  board  with respect to the
    13  discharge  of  their  duties  including,  but  not  limited  to,   those
    14  provisions  setting  forth  codes of ethics, disclosure requirements and
    15  prohibiting business and professional activities. The  election  of  the
    16  student  member  shall  be  conducted in accordance with rules and regu-
    17  lations promulgated by  the  respective  representative  campus  student
    18  association  in  accordance  with  guidelines  established  by the state
    19  university trustees. One member shall be designated by the  governor  as
    20  chairman. Where an undergraduate state-operated institution of the state
    21  university  is  located adjacent to another institution of higher educa-
    22  tion and students of such undergraduate state-operated institution  are,
    23  under  arrangements  made  by the state university, taking a substantial
    24  portion of their courses at such other  institution,  the  president  or
    25  other  head  of  such other institution shall be an ex-officio member of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07869-01-7

        A. 8297                             2
 
     1  the council for such undergraduate state-operated institution.   Initial
     2  appointments,  other  than  the  student  member and ex-officio members,
     3  shall be for terms expiring July  first,  nineteen  hundred  fifty-four,
     4  July  first,  nineteen  hundred fifty-five, July first, nineteen hundred
     5  fifty-six, July first, nineteen hundred fifty-seven, July  first,  nine-
     6  teen  hundred fifty-eight, July first, nineteen hundred fifty-nine, July
     7  first, nineteen hundred sixty, July first,  nineteen  hundred  sixty-one
     8  and,  where  there is no ex-officio member, July first, nineteen hundred
     9  sixty-two, respectively, and subsequent  appointments,  other  than  the
    10  student  member,  shall  be for a full term of nine years from the first
    11  day of July of the calendar year in which the  appointment  is  made.  A
    12  member  of  the  council appointed by the governor who has three or more
    13  absences from the regular meetings held annually and described in subdi-
    14  vision two of this section, which have not been excused  by  the  chair,
    15  shall be considered to have vacated his or her membership. When applica-
    16  ble,  the  chair shall notify the governor, in writing, of such vacancy.
    17  Vacancies shall be filled for the unexpired term in the same  manner  as
    18  original  selections.  The  term  of  office  for  each  council  member
    19  appointed on or after April first, nineteen hundred eighty-six shall  be
    20  seven years. The term of office for the student member shall be one year
    21  commencing  July  first  of  the  calendar year in which the election is
    22  conducted, provided, however, that the term of the student member  first
    23  elected  shall be nine months commencing October first, nineteen hundred
    24  seventy-five and expiring June thirtieth, nineteen hundred  seventy-six.
    25  In  the  event  that  the  student  member ceases to be a student at the
    26  institution, such member shall be required to resign.   Members of  such
    27  councils  appointed  by  the  governor  may  be removed by the governor.
    28  Members of such councils elected by the students of the institution  may
    29  be  removed  by  such  students in accordance with rules and regulations
    30  promulgated by the respective representative campus student  association
    31  in  accordance with guidelines promulgated by the state university trus-
    32  tees. Members of such councils shall receive no compensation  for  their
    33  services but shall be reimbursed for the expenses actually and necessar-
    34  ily incurred by them in the performance of their duties hereunder.
    35    2. The councils of state-operated institutions shall provide for regu-
    36  lar  meetings  at  least four times annually, and the chair, or any five
    37  members by petition, may at any time call a special meeting of the coun-
    38  cil and fix the time and place therefor. At least seven days  notice  of
    39  every  meeting  shall  be  mailed  to  the usual address of each member,
    40  unless such notice be waived by a majority of the  council.  Resolutions
    41  for  the  consideration  of  the  councils  must  be mailed to the usual
    42  address of each council member no less than seven days prior to a  meet-
    43  ing,  unless the chair shall make available in writing on the day of the
    44  meeting the facts which necessitate an immediate vote.  The  agenda  for
    45  such  meetings  shall  be available three days prior to the meetings and
    46  shall be considered public records. Five members attending shall consti-
    47  tute a quorum for the transaction of business and the act of a  majority
    48  of the members present at any meeting shall be the act of the council.
    49    2-a.  At  least one of the four regular meetings set forth in subdivi-
    50  sion two of this section shall be conducted on the college campus during
    51  the fall semester. During such meeting  the  president  of  the  college
    52  shall report to the council on the state of the college.
    53    3.  Subject  to  the  general  management,  supervision,  control  and
    54  approval of, and in accordance  with  rules  established  by  the  state
    55  university  trustees,  the  council  of  each state-operated institution

        A. 8297                             3
 
     1  shall, with respect to the institution  or  institutions  for  which  it
     2  serves, exercise the following powers:
     3    a.  recommend to the state university trustees candidates for appoint-
     4  ment by the state university trustees as head of such institution;
     5    b. review all major plans of the head of such institution for its more
     6  effective operation and make such recommendations with  respect  thereto
     7  as  it  deems appropriate. Such plans shall be submitted for approval by
     8  the state university trustees, together with the recommendations of  the
     9  council with respect thereto. The state university trustees shall deter-
    10  mine  what  constitute  such  major  plans,  which  are hereby generally
    11  defined to include, among others, plans for the appraisal or improvement
    12  of the faculty and other personnel, expansion or restriction of  student
    13  admissions,  appraisal or improvement of academic programs and of stand-
    14  ards for the earning of degrees, expansion of institutional  plants  and
    15  appraisal or improvement of student activities and housing;
    16    c.  make  regulations  governing  the  care, custody and management of
    17  lands, grounds, buildings and equipment;
    18    d. review the proposed budget requests for such  institution  prepared
    19  by  the  head  thereof  and recommend to the state university trustees a
    20  budget for such institution;
    21    e. foster the development of advisory citizens  committees  to  render
    22  such  assistance  as the council may request, and to appoint the members
    23  of such citizens' committees. Members of such citizens' committees shall
    24  receive no compensation for their services but shall be  reimbursed  for
    25  the  expenses  actually and necessarily incurred by them in the perform-
    26  ance of their duties;
    27    f. name buildings and grounds;
    28    g. make regulations governing the conduct and behavior of students;
    29    h. prescribe for and exercise supervision  over  student  housing  and
    30  safety;
    31    i. make an annual report to the state university trustees on or before
    32  September  first  of  each year, and report to them from time to time on
    33  any matter it believes requires their attention;
    34    j. perform such other powers  and  duties  as  may  be  authorized  or
    35  required  by  the  state university trustees by general rules or special
    36  directives; and
    37    k. make and establish, and from time to time  alter  and  amend,  such
    38  regulations pertaining to the affairs of its institution, not inconsist-
    39  ent  with  law  or the rules of the state university trustees, as may be
    40  necessary or appropriate to carry out effectively the  foregoing  powers
    41  and duties.
    42    4.  Subject  to  the rules and regulations established by the board of
    43  trustees, the chair of each college council may establish  subcommittees
    44  to assist in carrying out the duties of the council pursuant to subdivi-
    45  sion three of this section.
    46    § 2. This act shall take effect immediately.
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