|SAME AS||SAME AS S02212|
|Amd §356, Ed L|
|Mandates attendance by members appointed by the governor at meetings of councils of state-operated institutions.|
|06/06/2017||referred to higher education|
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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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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. LBD07869-01-7A. 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 institutionA. 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.