STATE OF NEW YORK
________________________________________________________________________
3906
2011-2012 Regular Sessions
IN ASSEMBLY
January 28, 2011
___________
Introduced by M. of A. MORELLE, GANTT -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to authorizing the chan-
cellor of the state university system to remove the board of trustees
of community colleges and establishing the removal procedure
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6306 of the education law is amended by adding a
2 new subdivision 1-b to read as follows:
3 1-b. Notwithstanding any law, rule or regulation to the contrary, one
4 or more members of the board of trustees of a community college may be
5 removed by the chancellor of the state university system in accordance
6 with the provisions of this subdivision.
7 a. The faculty, staff and students of a community college may petition
8 the board of trustees of the state university system to remove one or
9 more members of the board of trustees of the community college provided
10 that such petition has been approved by (i) a majority vote of the
11 student government of the community college and (ii) a majority vote of
12 any assembled body of full-time faculty and staff of the community
13 college, which body shall represent no less than twenty-five percent of
14 the full-time faculty and staff at such college.
15 b. Upon receipt of such petition and verification of its validity, the
16 board of trustees of the state university system shall cause notice to
17 be served upon each affected community college trustee either personally
18 or, upon a finding that he or she cannot be served personally, by regis-
19 tered mail, at his or her address last known to the board of trustees of
20 the state university system, to appear before such board to show cause
21 why he or she should not be removed from office. Thereafter, and no
22 sooner than fourteen days after service of the notice, the trustees of
23 the state university system shall afford the affected trustees of the
24 community college a reasonable opportunity to be heard.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05494-01-1
A. 3906 2
1 c. If, after granting the affected community college trustee or trus-
2 tees a reasonable opportunity to be heard, the board of trustees of the
3 state university system, by a three-fifths vote of all its members,
4 finds that one or more members of the board of trustees of the community
5 college has violated any law or duly enacted rule or regulation relat-
6 ing to such community college, or has continued unauthorized or unsafe
7 practices in conducting the business of such college, has authorized or
8 engaged in acts that are detrimental or hostile to the interests of the
9 community college, or has otherwise acted inappropriately, the board of
10 trustees of the state university system, in its discretion, by a three-
11 fifths vote of all its members, may recommend to the chancellor of the
12 state university system that the trustee or trustees of the community
13 college be removed from office. The votes of the trustees of the state
14 university system shall be entered into the record of the minutes of the
15 meeting at which the votes are taken and shall be attached to such
16 minutes and become part of the record. Within ten days thereafter, the
17 board of trustees of the state university system shall submit to the
18 chancellor a written recommendation that one or more members of the
19 board of trustees of the community college be removed, and shall set
20 forth therein the reasons for recommendation of removal. A copy of such
21 recommendation and reasons shall be provided to each affected community
22 college trustee.
23 d. Within thirty days of receipt of the recommendation of the board of
24 trustees of the state university system that one or more members of the
25 board of trustees of the community college be removed, the chancellor
26 shall determine whether to remove the affected trustee or trustees of
27 the community college, and shall provide written notice of his determi-
28 nation to the board of trustees of the state university system and to
29 each affected trustee of the community college.
30 e. A trustee who has been removed pursuant to the provisions of this
31 subdivision shall not be eligible for re-election.
32 § 2. Paragraph c of subdivision 1 of section 355 of the education law,
33 as amended by chapter 552 of the laws of 1985, is amended to read as
34 follows:
35 c. The approval of the establishment of community colleges and four
36 year colleges authorized by article one hundred twenty-six of this chap-
37 ter, in conformance with the master plan; the provision of standards and
38 regulations covering the organization and operation of their programs,
39 courses and curricula, financing arrangements, state financial assist-
40 ance, tuition charges and fees, the removal of the trustees of such
41 colleges as provided in subdivision one-b of section sixty-three hundred
42 six of this chapter, and such other matters as may be involved in the
43 operation of such colleges.
44 § 3. This act shall take effect immediately.
