Amd SS202, 203, 204, 205 & 215-a, add SS206-a, 206-b, 211-e & 215-d, Ed L; add S32-a, Pub Off L
Relates to the board of regents of the university of the state of New York; provides a five year term for regents; requires each regent to meet annually with the members of the senate and assembly from his or her region of the state; provides for the removal of members of the board of regents; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
5813
2009-2010 Regular Sessions
IN ASSEMBLY
February 20, 2009
___________
Introduced by M. of A. CONTE, BARRA, CALHOUN, CROUCH, RAIA, SCOZZAFAVA,
TEDISCO, KOLB -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES,
BARCLAY, BURLING, ERRIGO, FITZPATRICK, GIGLIO, JORDAN, McDONOUGH,
McKEVITT, MILLER, MOLINARO, OAKS, O'MARA, QUINN, RABBITT, SAYWARD,
THIELE, TOWNSEND, WALKER -- read once and referred to the Committee on
Higher Education
AN ACT to amend the education law and the public officers law, in
relation to the board of regents of the university of the state of New
York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 202 of the education law,
2 subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi-
3 sion 2 as amended by chapter 296 of the laws of 1984 and designated by
4 chapter 892 of the laws of 1985, are amended to read as follows:
5 1. The University of the State of New York shall be governed and all
6 its corporate powers exercised by a board of regents the number of whose
7 members shall at all times be four more than the number of the then
8 existing judicial districts of the state and shall not be less than
9 fifteen. [The regents in office April first, nineteen hundred seventy-
10 four shall hold office, in the order of their election, for such times
11 that the term of one such regent will expire in each year on the first
12 day of April.] Commencing April first, nineteen hundred seventy-four,
13 each regent shall be elected for a term of seven years, each such term
14 to expire on the first day of April. Commencing on April first, nineteen
15 hundred ninety-four, each regent shall be elected for a term of five
16 years, each such term to expire on the first day of April. Regents in
17 office March thirty-first, two thousand ten, whose terms expire on April
18 first, two thousand ten shall hold office until their terms are filled
19 as provided in this subdivision. Commencing April first, two thousand
20 ten, each regent shall be elected to a term of five years, each such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04326-01-9
A. 5813 2
1 term to expire on the last day of June. Each regent shall be elected by
2 the legislature by concurrent resolution [in the preceding March, on or
3 before the first Tuesday of such month. If, however, the legislature
4 fails to agree on such concurrent resolution by the first Tuesday of
5 such month, then the two houses shall meet in joint session at noon on
6 the second Tuesday of such month and proceed to elect such regent by
7 joint ballot] on the third Tuesday in May, provided, however, that such
8 election shall be held on the second Tuesday in May if the speaker of
9 the assembly and the temporary president of the senate certify no later
10 than March first that such election would conflict with religious obser-
11 vances. Such election shall be from a list of three names submitted by
12 the commission on regent nomination not less than thirty days prior to
13 the date chosen for the election. The standing committees on education
14 and higher education of the senate and assembly shall conduct public
15 hearings on the nominees submitted by the commission, and shall forward
16 to the full membership of each house one name for each seat for which
17 nominees were submitted. When the term of the regent serving as chan-
18 cellor shall expire and such regent is nominated for another term, the
19 education and higher education committees shall consider such nominee's
20 record of service as chancellor as well as his service as a regent.
21 2. All vacancies in such office, either for full or unexpired terms,
22 shall be so filled that there shall always be in the membership of the
23 board of regents at least one resident of each of the judicial
24 districts. A vacancy in the office of regent for other cause than expi-
25 ration of term of service shall be filled for the unexpired term by an
26 election at the session of the legislature immediately following such
27 vacancy in the manner prescribed in the preceding paragraph, unless the
28 legislature is in session when such vacancy occurs, in which case the
29 vacancy shall be filled by such legislature in the manner prescribed in
30 the preceding paragraph, except as hereinafter provided. However, [if
31 such vacancy occurs after the second Tuesday in March and before a
32 resolution to adjourn sine die has been adopted by either house, then
33 the vacancy shall be filled by concurrent resolution, unless the legis-
34 lature fails to agree on such concurrent resolution within three legis-
35 lative days after its passage by one house, in which case the two houses
36 shall meet in joint session at noon on the next legislative day and
37 proceed to elect such regent by joint ballots; provided, however, that]
38 if the vacancy occur after the adoption by either house of a resolution
39 to adjourn sine die, then the vacancy shall be filled at the next
40 session of the legislature in the manner prescribed in the preceding
41 paragraph.
42 § 2. Section 203 of the education law is amended to read as follows:
43 § 203. Officers. The [elective officers of the university shall be a
44 chancellor and a vice-chancellor who shall serve without salary, and
45 such other officers as are deemed necessary by the regents, all of whom]
46 university shall be presided over by a chancellor and a vice-chancellor
47 who shall be designated from among the members of the board of regents
48 by the governor with the advice and consent of the senate. They shall
49 serve without salary. Additionally, such other officers as are deemed
50 necessary by the regents shall be chosen by ballot by the regents and
51 shall hold office during their pleasure; but no election, removal or
52 change of salary of an elective officer shall be made by [less than six
53 votes] a vote of less than a majority of the members of the board of
54 regents in favor thereof. Each regent and each elective officer shall,
55 before entering on his duties, take and file with the secretary of state
56 the oath of office required of state officers.
A. 5813 3
1 The chancellor shall preside at all convocations and at all meetings
2 of the regents, and confer all degrees which they shall authorize. In
3 his absence or inability to act, the vice-chancellor, or if he be also
4 absent, the senior regent present, shall perform all the duties and have
5 all the powers of the chancellor.
6 § 3. Section 204 of the education law is amended to read as follows:
7 § 204. Meetings and absences. The regents may provide for regular
8 meetings, and the chancellor, or the commissioner [of education], or any
9 five regents, may at any time call a special meeting of the board of
10 regents and fix the time and place therefor; and at least ten days'
11 notice of every meeting shall be mailed to the usual address of each
12 regent. Meetings of the board of regents shall be governed by sections
13 one hundred through one hundred eleven of the public officers law relat-
14 ing to open meetings. A verbatim transcript of each meeting shall be
15 maintained. If any regent shall fail to attend three consecutive meet-
16 ings, without excuse accepted as satisfactory by the regents, he may be
17 deemed to have resigned and the regents shall then report the vacancy to
18 the legislature, which shall fill it.
19 § 4. Section 205 of the education law is amended to read as follows:
20 § 205. Quorum. [Seven] A majority of the regents [attending] shall
21 be a quorum for the transaction of business.
22 § 5. The education law is amended by adding a new section 206-a to
23 read as follows:
24 § 206-a. Local public hearings. Notwithstanding the provisions of
25 section two hundred six of this article, each regent shall conduct at
26 least one public hearing each year in his or her judicial district to
27 solicit public comment on issues relevant to the board's role in setting
28 education policy in the state. Regents elected at-large may conduct such
29 hearings at any location within the state. Each regent shall submit a
30 report to the board on such hearing.
31 § 6. The education law is amended by adding a new section 206-b to
32 read as follows:
33 § 206-b. Education advisory committees. There is hereby created in
34 each judicial district an education advisory committee to actively
35 assist and advise the regent representing that judicial district in the
36 analysis and development of education policy in New York state. Each
37 committee shall be broadly representative of the education community and
38 shall consist of not less than eleven members who shall be residents of
39 the judicial district. The initial members of the advisory committee
40 shall include a representative appointed by the New York State Congress
41 of Parents and Teachers, New York State United Teachers, National Educa-
42 tion Association of New York, Council of School Superintendents, Confer-
43 ence of Big Five School Districts, New York Library Association, New
44 York State Catholic Conference, United Federation of Teachers, Business
45 Council of New York, School Boards Association, and the Association of
46 Colleges and Universities of the State of New York. The advisory commit-
47 tee may be expanded as necessary to incorporate other interests in the
48 analysis and development of education policy in New York state. Addi-
49 tionally, each member of the senate and assembly may appoint one member
50 who shall be a resident of the judicial district in which the senator or
51 assembly member lives. Each advisory committee member shall serve at
52 the pleasure of the legislator or entity which designated it.
53 Members of the committee shall serve without compensation. The regent
54 from that judicial district shall serve as chair of the advisory commit-
55 tee.
A. 5813 4
1 Each committee shall meet at least twice each year. At least thirty
2 days notice of each meeting shall be given by the chair. Such notice
3 shall contain the time and place of the public meeting. The chair of
4 each committee shall submit a report annually on the work of the commit-
5 tee to the board of regents and to the legislature.
6 § 7. The education law is amended by adding a new section 211-e to
7 read as follows:
8 § 211-e. Commission on regent nomination. 1. Definitions. For the
9 purpose of this article, the following terms shall have the following
10 meanings:
11 (a) "Commission" means the commission on regent nomination.
12 (b) "Candidate" means a person who is eligible to serve as a member of
13 the board of regents and (1) who has requested the commission to consid-
14 er his qualifications to serve on such board; or (2) who has been recom-
15 mended for consideration by the commission by another person, including
16 a community or professional organization; or (3) who has agreed to be
17 considered by the commission at the commission's request.
18 2. Organization of the commission. (a) A commission on regent nomi-
19 nation is hereby established. The commission shall consist of twelve
20 members of whom four shall be appointed by the speaker of the assembly,
21 four by the temporary president of the senate, two by the minority lead-
22 er of the senate, and two by the minority leader of the assembly. No
23 member of the commission shall hold or have held any elected public
24 office for which he or she receives compensation during his or her peri-
25 od of service. No member of the commission shall hold any office in any
26 political party. No member of the commission shall be eligible for
27 appointment to the board of regents during the member's period of
28 service or within one year thereafter. The members of the commission
29 shall be residents of the state.
30 (b) The members first appointed by the temporary president of the
31 senate and the speaker of the assembly shall have respectively one, two,
32 three and four-year terms as the appointing officer shall designate. The
33 members first appointed by the minority leader of the senate shall have
34 two-year and four-year terms, respectively. The members first appointed
35 by the minority leader of the assembly shall have one-year and three-
36 year terms, respectively. Each subsequent appointment shall be for a
37 term of four years.
38 (c) A vacancy shall be deemed to occur immediately upon the appoint-
39 ment or election of any member to an office that would disqualify him or
40 her for appointment to, or membership on, the commission. A vacancy
41 occurring for any reason other than by expiration of term shall be
42 filled by the appointing officer for the remainder of the unexpired
43 term.
44 (d) The members shall designate one of their number to serve as chair-
45 man for a period of two years or until his term of office expires,
46 whichever period is shorter.
47 (e) Each member of the commission shall be entitled to receive his or
48 her actual and necessary expenses incurred in the discharge of his or
49 her duties.
50 (f) Ten members of the commission shall constitute a quorum.
51 3. Functions of the commission. (a) The commission shall consider and
52 evaluate the qualifications of candidates for election to the board of
53 regents and, as each term expires or a vacancy occurs on such board,
54 shall recommend to the legislature three persons who by their character,
55 temperament, professional aptitude and experience are well qualified to
56 serve on such board.
A. 5813 5
1 (b) A recommendation to the legislature shall require the concurrence
2 of nine members of the commission. The recommendations shall be trans-
3 mitted to the temporary president of the senate and the speaker of the
4 assembly in a single written report which shall be released to the
5 public by the commission at the time it is submitted to the legislature.
6 The report shall be in writing, signed only by the chairman, and shall
7 include the commission's findings relating to the character, temper-
8 ament, professional aptitude, experience, qualifications and fitness for
9 office of each candidate who is recommended to the legislature.
10 (c) No person shall be recommended to the legislature who has not
11 consented to be a candidate, who has not been personally interviewed by
12 a quorum of the membership of the commission, and who has not filed a
13 financial statement with the commission, on a form to be prescribed by
14 the commission. The financial statement shall consist of a sworn state-
15 ment of the person's assets, liabilities and sources of income, and any
16 other relevant financial information which the commission may require.
17 The commission shall transmit to the temporary president of the senate
18 and the speaker of the assembly the financial statement filed by each
19 person who is recommended. The financial statement filed by the person
20 who is appointed to fill a vacancy shall be made available to the
21 public. The financial statements filed by all other persons recommended
22 to the legislature, but not elected to the board of regents, shall be
23 confidential.
24 (d) In considering whether to recommend a candidate for service as a
25 regent, the commission shall consider whether the candidate's profes-
26 sional interests might create a conflict of interest or whether the
27 board's ability to maintain a quorum for action on business before it
28 might be in jeopardy if the member abstained from voting.
29 4. Additional functions of the commission. The commission shall have
30 the following functions, powers and duties:
31 (a) Establish procedures to assure that persons who may be well quali-
32 fied for service on the board of regents, other than those who have
33 requested consideration or who have been recommended for consideration
34 by others, are encouraged to agree to be considered by the commission.
35 (b) Require the appearance of any candidate before it and interview
36 any person concerning the qualifications of any candidate.
37 (c) Communicate with the legislature concerning the qualifications of
38 any person whom it has recommended for service on the board of regents.
39 (d) The commission may appoint, and at pleasure remove, a counsel and
40 such other staff as it may require from time to time, and prescribe
41 their powers and duties. The commission shall fix the compensation of
42 its staff and provide for reimbursement of their expenses within the
43 amounts appropriated by law.
44 (e) Do all other things necessary and convenient to carry out its
45 functions pursuant to this article.
46 5. Rules of the commission. (a) The commission shall adopt, and may
47 amend, written rules of procedure not inconsistent with law.
48 (b) Rules of the commission shall be filed with the secretary of state
49 and shall be published in the official compilation of codes, rules and
50 regulations of the state. Upon request of any person, the secretary of
51 state shall furnish a copy of the commission's rules without charge.
52 (c) Rules of the commission may prescribe forms and questionnaires to
53 be completed and, if required by the commission, verified by candidates.
54 (d) Rules of the commission shall provide that upon the completion by
55 the commission of its consideration and evaluation of the qualifications
56 of a candidate, there shall be no reconsideration of such candidate for
A. 5813 6
1 the vacancy for which he was considered, except with the concurrence of
2 nine members of the commission.
3 § 8. Subdivision 1 of section 215-a of the education law, as amended
4 by chapter 44 of the laws of 2000, is amended to read as follows:
5 1. The regents of the university of the state of New York shall
6 prepare and submit to the governor, the temporary president of the
7 senate, and the speaker of the assembly, not later than the first day of
8 January, nineteen hundred eighty-nine, nineteen hundred ninety and nine-
9 teen hundred ninety-one and the fifteenth day of February of each year
10 thereafter, a report concerning the schools of the state which shall set
11 forth with respect to the preceding school year: enrollment trends;
12 indicators of student achievement in reading, writing, mathematics,
13 science and vocational courses; graduation, college attendance and
14 employment rates; such other indicators of student performance as the
15 regents shall determine; information concerning teacher and administra-
16 tor preparation, turnover, in-service education and performance; infor-
17 mation concerning school library expenditures and school library media
18 specialist employment; expenditure per pupil on regular education and
19 expenditure per pupil on special education and such other information as
20 requested by the governor, the temporary president of the senate, or the
21 speaker of the assembly. To the extent practicable, all such information
22 shall be displayed on both a statewide and individual district basis and
23 by racial/ethnic group and gender. The regents are authorized to require
24 school districts, boards of cooperative educational services and nonpub-
25 lic schools to provide such information as is necessary to prepare the
26 report. In preparing the report, the regents shall consult with other
27 interested parties, including local school districts, teachers' and
28 faculty organizations, school administrators, parents and students. The
29 education and higher education committees of the senate and assembly
30 shall conduct at least one public hearing at which the chancellor,
31 commissioner, and other members of the board of regents shall discuss
32 and defend the report.
33 § 9. The education law is amended by adding a new section 215-d to
34 read as follows:
35 § 215-d. Meetings with the legislature. Each regent shall meet at
36 least once each year with the members of the senate and assembly from
37 his or her region of the state. In addition, any committee or subcommit-
38 tee of the board of regents shall meet at least annually with the chairs
39 of the appropriate standing committees of the senate and assembly.
40 § 10. The temporary president of the senate and the speaker of the
41 assembly shall commission an independent management study of the organ-
42 ization of the board of regents and the state education department. Such
43 study shall include recommendations on reorganization and streamlining
44 the department of education and on the scope of responsibilities of the
45 board of regents, and shall be presented to the temporary president of
46 the senate and the speaker of the assembly no later than July 1, 2010.
47 § 11. The public officers law is amended by adding a new section 32-a
48 to read as follows:
49 § 32-a. Removal of members of the board of regents. Members of the
50 board of regents may be removed as provided herein by the legislature
51 for misconduct or malversation in office. No such removal shall be made
52 unless the person who is sought to be removed shall have been served
53 with a copy of the charges against him or her and have an opportunity of
54 being heard. The senate and assembly shall have power to make such joint
55 rules as they may see fit for the practice before them. At the time
56 appointed for the investigation, the education and higher education
A. 5813 7
1 committees of the senate and assembly shall proceed to hear and try the
2 charges against such officer, and may take proofs in relation thereto.
3 Any recommendation for removal shall require a vote of two-thirds of
4 the members of the education and higher education committees of the
5 senate and assembly. Such recommendation shall be approved if two-thirds
6 of all the members elected to the senate and assembly shall concur ther-
7 ein. On the question of removal, the yeas and nays shall be entered on
8 the journal.
9 If the senate and assembly shall reject a recommendation of removal
10 the secretary of the senate and the clerk of the assembly shall, by a
11 writing signed by them and by the president of the senate and speaker of
12 the assembly, communicate the fact of such rejection to the regent. If
13 the senate and assembly shall concur in such a recommendation the
14 removal shall take effect upon the passage of the resolution of concur-
15 rence, and duplicate copies of such resolution, certified by the secre-
16 tary and president of the senate and the clerk and speaker of the assem-
17 bly, shall be executed and delivered by such secretary to the regent and
18 the chancellor of the board of regents.
19 § 12. This act shall take effect immediately.
