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S09861 Summary:

BILL NOS09861
 
SAME ASNo Same As
 
SPONSORSTAVISKY
 
COSPNSR
 
MLTSPNSR
 
Amd §§6306 & 6310, Ed L
 
Provides for the inclusion of a faculty or staff member on the board of trustees of community colleges elected by and from among the faculty and staff of the college.
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S09861 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9861
 
                    IN SENATE
 
                                      April 9, 2026
                                       ___________
 
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
 
        AN ACT to amend the education law, in relation to including a faculty or
          staff member on the board of trustees of community colleges
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The opening paragraph of subdivision 1 of section 6306 of
     2  the education law, as amended by chapter 268 of the  laws  of  2003,  is
     3  amended to read as follows:
     4    Each  community  college,  except  in  the  city of New York, shall be
     5  administered by a board of trustees of [ten]  eleven  members,  nine  of
     6  whom shall be appointed for terms of seven years in annual rotation, and
     7  [one member] two members elected as herein provided, except that initial
     8  appointments  shall be made for terms of one to nine years respectively.
     9  Five members shall be appointed by the local legislative body or  board,
    10  or  other  appropriate  governing agency, one of whom may be a member of
    11  such local legislative body or board,  or  other  appropriate  governing
    12  agency,  four,  from among persons residing in the sponsoring community,
    13  by the governor and one member elected by and from among the students of
    14  the college who shall serve as a member of  the  board  for  a  one-year
    15  term,  provided,  however,  that  the  term  of the student member first
    16  elected shall be nine months commencing October first, nineteen  hundred
    17  seventy-five,  and  one  of  whom shall be elected by and from among the
    18  faculty and staff of the college, ex-officio and non-voting,  who  shall
    19  serve  a  two-year term, provided, however, that the term of the faculty
    20  or staff member first elected shall commence July  first,  two  thousand
    21  twenty-seven.  The  faculty  or staff member and student member shall be
    22  afforded the same parliamentary privileges as are conferred upon  voting
    23  members,  including  but  not  limited  to  the right to make and second
    24  motions and to place items on the agenda.  Such  faculty  or  staff  and
    25  student  [member]  members  shall  be  subject to every provision of any
    26  general, special or local law, ordinance, charter, code, rule  or  regu-
    27  lation  applying  to  the  members  of  such  board  with respect to the
    28  discharge  of  their  duties  including,  but  not  limited  to,   those
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00418-06-6

        S. 9861                             2
 
     1  provisions  setting  forth  codes of ethics, disclosure requirements and
     2  prohibiting business and professional activities. The  election  of  the
     3  student  member  shall  be  conducted in accordance with rules and regu-
     4  lations  promulgated  by  the  respective  representative campus student
     5  association in accordance  with  guidelines  established  by  the  state
     6  university  trustees.  The election of the faculty or staff member shall
     7  be conducted in accordance with rules and regulations promulgated by the
     8  largest faculty organization on each  campus.  In  the  event  that  the
     9  student  member  ceases  to  be  a student at the institution, [he] they
    10  shall be required to resign. In the event  that  the  faculty  or  staff
    11  member  ceases  to  be  an  employee  at  the institution, they shall be
    12  required to resign. The governor's initial  appointments  shall  be  for
    13  terms  of two, four, six and eight years respectively and those by local
    14  authorities for terms of one, three, five, seven and nine years  respec-
    15  tively. Vacancies shall be filled for unexpired terms in the same manner
    16  as  original  selections  by  the authority responsible for the original
    17  selection. The board shall select its own [chairman]  chair  from  among
    18  its  voting  membership.  Where  two  or more local sponsors join in the
    19  establishment of a community college, the apportionment of the  appoint-
    20  ments  among them shall be made by the state university trustees.  Trus-
    21  tees shall receive no compensation for their services but shall be reim-
    22  bursed for their expenses actually and necessarily incurred by  them  in
    23  the  performance  of  their duties under this article. Members initially
    24  appointed or elected under this subdivision to the board of trustees  of
    25  any community college hereafter established shall take office immediate-
    26  ly upon their selection and qualification, but for purposes of determin-
    27  ing the expiration of their respective terms and the commencement of the
    28  terms  of  their  successors,  the  term  of office of each such initial
    29  member shall be deemed to have commenced on the first day of July of the
    30  year in which such college was established. The terms of office  of  all
    31  members  of  the  boards  of  trustees  of community colleges heretofore
    32  established, appointed or elected as provided in this subdivision, shall
    33  terminate on the thirtieth day of June of the calendar year within which
    34  such terms expire under the provisions of  this  subdivision  as  hereby
    35  amended.  For  the purpose of determining such year all initial terms of
    36  office of appointed members of  the  boards  of  trustees  of  community
    37  colleges heretofore established shall be deemed to have commenced on the
    38  first  day  of  July of the year in which such colleges were established
    39  and the terms of their successors for  full  terms,  if  any,  shall  be
    40  deemed to have commenced upon the expiration of the number of years from
    41  such date for which such initial appointments were made.
    42    § 2. Subdivision 3-a of section 6306 of the education law, as added by
    43  chapter 319 of the laws of 2008, is amended to read as follows:
    44    3-a.  [(a)]  Notwithstanding  the  provisions  of subdivisions one and
    45  three of this section, effective July first, two thousand [eight]  twen-
    46  ty-seven, the fashion institute of technology shall be administered by a
    47  board  of  trustees  of  [twelve] seventeen members. [Six] Eight members
    48  shall be appointed by the local sponsor, one of whom may be a member  of
    49  such  sponsor;  [five]  seven members shall be appointed by the governor
    50  from among persons who reside in the city of New York; [and] one  member
    51  shall be elected by and from among the students of the fashion institute
    52  of technology[.
    53    (b)  The  provisions  of  subdivisions  one  and three of this section
    54  notwithstanding, effective July first, two thousand  nine,  the  fashion
    55  institute  of technology shall be administered by a board of trustees of
    56  fourteen members. Seven members shall be appointed by the local sponsor,

        S. 9861                             3

     1  one of whom may be a member  of  such  sponsor;  six  members  shall  be
     2  appointed  by  the governor from among persons who reside in the city of
     3  New York; and one member shall be elected by and from among the students
     4  of the fashion institute of technology.
     5    (c)  The  provisions  of  subdivisions  one  and three of this section
     6  notwithstanding, effective July first, two  thousand  ten,  the  fashion
     7  institute  of technology shall be administered by a board of trustees of
     8  sixteen members. Eight members shall be appointed by the local  sponsor,
     9  one  of  whom  may  be  a member of such sponsor; seven members shall be
    10  appointed by the governor from among persons who reside in the  city  of
    11  New York; and one member shall be elected by and from among the students
    12  of  the  fashion institute of technology] who shall serve as a member of
    13  the board for a one-year term; and one of whom shall be elected  by  and
    14  from among the faculty and staff of the college, ex-officio and non-vot-
    15  ing,  who  shall serve a two-year term, provided, however, that the term
    16  of the faculty or staff member first elected shall commence July  first,
    17  two  thousand  twenty-seven.  The  faculty  or  staff member and student
    18  member shall be  afforded  the  same  parliamentary  privileges  as  are
    19  conferred upon voting members, including but not limited to the right to
    20  make  and  second motions and to place items on the agenda. Such faculty
    21  or staff and student members shall be subject to every provision of  any
    22  general,  special  or local law, ordinance, charter, code, rule or regu-
    23  lation applying to the  members  of  such  board  with  respect  to  the
    24  discharge   of  their  duties  including,  but  not  limited  to,  those
    25  provisions setting forth codes of ethics,  disclosure  requirements  and
    26  prohibiting  business  and  professional activities. The election of the
    27  student member shall be conducted in accordance  with  rules  and  regu-
    28  lations  promulgated  by  the  respective  representative campus student
    29  association in accordance  with  guidelines  established  by  the  state
    30  university  trustees.  The election of the faculty or staff member shall
    31  be conducted in accordance with rules and regulations promulgated by the
    32  largest faculty organization on each  campus.  In  the  event  that  the
    33  student  member ceases to be a student at the institution, they shall be
    34  required to resign. In the event that the faculty or staff member ceases
    35  to be an employee at the institution, they shall be required to resign.
    36    § 3. Subdivisions 1 and 1-a of section  6310  of  the  education  law,
    37  subdivision  1 as amended by chapter 268 of the laws of 2003, and subdi-
    38  vision 1-a as added by chapter 144 of the laws of 1996, are  amended  to
    39  read as follows:
    40    1.  Each  community  college region and community college sponsored by
    41  such region shall be administered by  a  single  board  of  trustees  of
    42  [fourteen]  fifteen  members,  thirteen  of  whom shall be appointed for
    43  terms of seven years, as set forth in this subdivision, and  one  member
    44  elected  as  herein  provided, except that initial appointments shall be
    45  made for terms of one to nine years respectively. Seven members shall be
    46  appointed by the local legislative bodies or boards  of  those  counties
    47  eligible  to  appoint members to the community college regional board of
    48  trustees. The seven locally appointed members of such board may  include
    49  one  member  from  the  local  legislative  body or board of each county
    50  eligible to appoint members to the community college regional  board  of
    51  trustees.  Membership  in a community college regional board of trustees
    52  shall be apportioned among the counties participating in such  board  in
    53  accordance  with the number of full-time equivalent students attending a
    54  community college sponsored by such regional board who are residents  of
    55  the  respective  participating  counties,  and  in  accordance with such
    56  further regulations as may be prescribed by the state  university  trus-

        S. 9861                             4
 
     1  tees.  Six  members shall be appointed by the governor [and], one member
     2  shall be elected by and from among the students of the college who shall
     3  serve as a member of the board for a one-year term,  provided,  however,
     4  that  the  term of the student member first elected shall be nine months
     5  commencing October first, nineteen hundred eighty-four, and  one  member
     6  who  shall  be  elected  by  and from among the faculty and staff of the
     7  college, ex-officio and non-voting, who shall  serve  a  two-year  term,
     8  provided,  however,  that  the term of the faculty or staff member first
     9  elected shall commence July  first,  two  thousand  twenty-seven.    The
    10  faculty or staff and student [member] members shall be afforded the same
    11  parliamentary  privileges  as  are conferred upon members, including but
    12  not limited to the right to make and second motions and to  place  items
    13  on  the agenda. Such faculty or staff and student [member] members shall
    14  be subject to every provision of any  general,  special  or  local  law,
    15  ordinance,  charter, code, rule or regulation applying to the members of
    16  such board with respect to the discharge of their duties including,  but
    17  not  limited to, those provisions setting forth codes of ethics, disclo-
    18  sure requirements and prohibiting business and professional  activities.
    19  The election of the student member shall be conducted in accordance with
    20  rules  and  regulations  promulgated  by  the  respective representative
    21  campus student association in accordance with guidelines established  by
    22  the  state  university  trustees.   The election of the faculty or staff
    23  member shall be conducted  in  accordance  with  rules  and  regulations
    24  promulgated  by  the largest faculty organization on each campus. In the
    25  event that the student member ceases to be a student at the institution,
    26  [he] they shall be required to resign.  In the event that the faculty or
    27  staff member ceases to be an employee at the institution, they shall  be
    28  required  to  resign.  The  governor's  initial appointments shall be as
    29  follows: (a) two individuals shall be appointed for  terms  of  two  and
    30  four  years respectively; (b) two individuals for terms of six years and
    31  two individuals for terms of eight years. Appointments by local authori-
    32  ties shall be as follows: (a) three individuals for terms of one,  three
    33  and  five  years,  respectively;  (b) two individuals for terms of seven
    34  years, and two individuals for terms of nine years. Vacancies  shall  be
    35  filled  for unexpired terms in the same manner as original selections by
    36  the authority responsible for the original selection.  The  board  shall
    37  select  its own [chairman] chair from among its voting membership. Trus-
    38  tees shall receive no compensation for their services but shall be reim-
    39  bursed for their expenses actually and necessarily incurred by  them  in
    40  the  performance  of  their duties under this article. Members initially
    41  appointed or elected under this subdivision  to  any  community  college
    42  regional board of trustees hereafter established shall take office imme-
    43  diately  upon  their  selection  and  qualification, but for purposes of
    44  determining the expiration of their respective terms and  the  commence-
    45  ment  of  the terms of their successors, the term of office of each such
    46  initial member shall be deemed to have commenced on  the  first  day  of
    47  July  of  the  year  in which such college was established. The terms of
    48  office of all members of community college regional boards  of  trustees
    49  heretofore  established, appointed or elected as provided in this subdi-
    50  vision, shall terminate on the thirtieth day of  June  of  the  calendar
    51  year  within which such terms expire under the provisions of this subdi-
    52  vision as hereby amended. For the purpose of determining such  year  all
    53  initial  terms  of  office of appointed members of the community college
    54  regional board of trustees heretofore established  shall  be  deemed  to
    55  have commenced on the first day of July of the year in which such commu-
    56  nity  college regions were established and the terms of their successors

        S. 9861                             5
 
     1  for full terms, if any, shall be deemed to have commenced upon the expi-
     2  ration of the number of years from such  date  for  which  such  initial
     3  appointments were made.
     4    The  one  member elected by and from among the students of the college
     5  may be removed by such students in accordance with rules and regulations
     6  promulgated by the respective representative campus student  association
     7  in  accordance with guidelines promulgated by the state university trus-
     8  tees.
     9    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    10  section,  a  community  college  region  established to operate as local
    11  sponsor of Jamestown community college shall be administered by a single
    12  board of trustees of [fifteen] sixteen members, fourteen of  whom  shall
    13  be  appointed for terms of seven years, except that the initial appoint-
    14  ments shall be made as set forth in this subdivision, [and]  one  member
    15  who  shall  be elected by and from among the students of the college and
    16  shall serve as set forth in subdivision one of  this  section,  and  one
    17  member  who  shall be elected by and from among the faculty and staff of
    18  the college and shall serve as set forth  in  subdivision  one  of  this
    19  section.  Eight members shall be appointed by the local governing bodies
    20  of  the  counties  and city eligible to appoint members to the Jamestown
    21  community college regional board of trustees, and six members  shall  be
    22  appointed  by  the governor. The eight locally appointed members of such
    23  board may include one member appointed from among  the  local  governing
    24  bodies  of  the  counties  or  city  eligible  to appoint members to the
    25  regional board  of  trustees.  Membership  in  the  Jamestown  community
    26  college  regional  board  of trustees shall be apportioned in accordance
    27  with the number of full-time equivalent students attending the community
    28  college who are residents of the respective  participating  counties  or
    29  city,  and  in  accordance  with  such  further  regulations  as  may be
    30  prescribed by the state university trustees.
    31    Upon the effective date of this subdivision, and  notwithstanding  any
    32  inconsistent provision of any other law, the current Jamestown community
    33  college  board of trustees shall be redesignated the Jamestown community
    34  college regional board of trustees and the terms of the current  members
    35  of  the  Jamestown  community  college  board of trustees shall continue
    36  until their expiration or termination as provided by section sixty-three
    37  hundred six of this chapter. The governor's initial appointments to  the
    38  Jamestown  community  college  regional  board  of  trustees shall be as
    39  follows: one individual shall be appointed for a term  of  three  years,
    40  and  one individual shall be appointed for a term of five years. Initial
    41  appointments by the local authorities shall be as follows: one  individ-
    42  ual  shall be appointed for a term of two years, one individual shall be
    43  appointed for a  term  of  four  years,  and  one  individual  shall  be
    44  appointed  for  a term of six years. Vacancies shall be filled for unex-
    45  pired terms in the same manner as original selections by  the  authority
    46  responsible  for  the original selection. The board shall select its own
    47  [chairman] chair  from  among  its  voting  membership.  Trustees  shall
    48  receive  no  compensation for their services but shall be reimbursed for
    49  their expenses actually and necessarily incurred by them in the perform-
    50  ance of their duties under this article. Members initially appointed  or
    51  elected  under  this subdivision to any community college regional board
    52  of trustees hereafter established shall  take  office  immediately  upon
    53  their  selection  and qualification, but for purposes of determining the
    54  expiration of their respective terms and the commencement of  the  terms
    55  of  their  successors,  the  term  of office of each such initial member
    56  shall be deemed to have commenced on the first day of July of  the  year

        S. 9861                             6
 
     1  in  which  such  college  was  established.  The  terms of office of all
     2  members of community college  regional  boards  of  trustees  heretofore
     3  established, appointed or elected as provided in this subdivision, shall
     4  terminate on the thirtieth day of June of the calendar year within which
     5  such  terms  expire  under  the provisions of this subdivision as hereby
     6  amended. For the purpose of determining such year, all initial terms  of
     7  office  of  appointed members of the community college regional board of
     8  trustees heretofore established and the terms of  their  successors  for
     9  full  terms,  if any, shall be deemed to have commenced upon the expira-
    10  tion of the number of years  from  such  date  for  which  such  initial
    11  appointments were made.
    12    The  one  member elected by and from among the students of the college
    13  may be removed by such students in accordance with rules and regulations
    14  promulgated by the respective representative campus student  association
    15  in  accordance with guidelines promulgated by the state university trus-
    16  tees.
    17    In the event that the student member ceases to be  a  student  at  the
    18  institution,  they  shall  be  required to resign. In the event that the
    19  faculty or staff member ceases to be an  employee  at  the  institution,
    20  they shall be required to resign.
    21    § 4. This act shall take effect immediately.
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