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.
STATE OF NEW YORK
________________________________________________________________________
2455
2011-2012 Regular Sessions
IN ASSEMBLY
January 18, 2011
___________
Introduced by M. of A. LIFTON, DINOWITZ -- Multi-Sponsored by -- M. of
A. CAHILL, CYMBROWITZ, GLICK, HOOPER, JACOBS, MILLMAN, PEOPLES-STOKES,
TOWNS -- 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 § 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.
LBD06318-01-1
A. 2455 2
1 1307. Support services.
2 1308. Conflict of interest.
3 § 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 § 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 § 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. 2455 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 § 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 § 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 § 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. 2455 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 § 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 § 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 § 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 § 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 § 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.
