Bill Text: NY A02455 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2012-01-04 - referred to higher education [A02455 Detail]
Download: New_York-2011-A02455-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2455 2011-2012 Regular Sessions I N A S S E M B L Y 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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 S 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.