senate Bill S638

Relates to qualifications for certain appointed positions with the board of trustees for the state university and CUNY

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

Relates to qualifications for certain appointed positions with the board of trustees for the state university and CUNY; prohibits trustees from being employees of the appointing authority.

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Bill Details

Versions:
S638
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง353 & 6204, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1217A
2009-2010: S1736B

Sponsor Memo

BILL NUMBER:S638

TITLE OF BILL:
An act
to amend the education law, in relation to trustees of the state
university and city university

PURPOSE:
To ensure that the trustees of the Boards of Trustees of the state
university and the city university serve with objectivity.

SUMMARY OF PROVISIONS:
(State University) Subdivision 1 of section 353 of the education law,
as amended by chapter 268 of the laws of 2011, is amended as follows:
Such board shall consist of eighteen members, fifteen of whom shall
be appointed by the governor with the advice and consent of the
senate, and one of whom shall be the president of the student
assembly of the state university, ex-officio and voting, one of whom
shall be the president of the university faculty senate, ex-officio
and non-voting; provided that no such member, except the president of
the student assembly of the state university or any classified civil
service employee, shall be the employee of, or under the supervision
of the governor.

(City University) Paragraph (a) of subdivision 2 of section 6204 of
the education law as added by chapter 305 of the laws of 1979 is
amended to read as follows: The board of trustees shall consist of
seventeen trustees. Ten of the trustees shall be appointed by the
governor with the advice and consent of the senate provided that no
such trustee, except any classified civil service employee, shall be
an employee of or under the supervision of the governor.

Five of the trustees shall be appointed by the mayor of New York City
with the advice and consent of the senate provided that no such
trustee, except any classified civil service employee of the city of
New York, shall be an employee of or under the supervision of the
mayor of the city of New York.

JUSTIFICATION:
This bill hopes to ensure the objectivity of both the Board Members of
the state university and the Trustees of the city university by
limiting the appointments to those who are independent of the
appointing authority.. The governing of the City and State University
should be expedited without political motivation.

LEGISLATIVE HISTORY
Previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately and shall apply to board members of the
state university of New York and trustees of the city university of
New York appointed on or after such effective date.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   638

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 trustees of the  state
  university and city university

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section  353  of  the  education  law,  as
amended  by  chapter  268  of  the  laws  of 2011, is amended to read as
follows:
  1. The state university shall be governed, and all  of  its  corporate
powers  exercised,  by  a board of trustees. Such board shall consist of
eighteen members, fifteen of whom shall be  appointed  by  the  governor
with  the  advice  and  consent  of the senate, one of whom shall be the
president of the student assembly of the  state  university,  ex-officio
and voting, one of whom shall be the president of the university faculty
senate,  ex-officio and non-voting; PROVIDED THAT NO SUCH MEMBER, EXCEPT
THE PRESIDENT OF THE STUDENT ASSEMBLY OF THE  STATE  UNIVERSITY  OR  ANY
CLASSIFIED  CIVIL  SERVICE  EMPLOYEE, SHALL BE THE EMPLOYEE OF, OR UNDER
THE SUPERVISION OF, THE GOVERNOR, and one of whom shall be the president
of the faculty council of community colleges, ex-officio and non-voting.
Such ex-officio members shall be  subject  to  every  provision  of  any
general, special, or local law, ordinance, charter, code, rule, or regu-
lation  applying to the voting members of such board with respect to the
discharge  of  their  duties,  including,  but  not  limited  to,  those
provisions  setting  forth codes of ethics, disclosure requirements, and
prohibiting business and professional  activities.  One  member  of  the
board  shall  be  designated  by  the governor as chairperson and one as
vice-chairperson. Of the members first appointed, two shall be appointed
for a term which  shall  expire  on  June  thirtieth,  nineteen  hundred
fifty-two; one for a term which shall expire on June thirtieth, nineteen

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03568-01-3

S. 638                              2

hundred  fifty-three;  two for a term which shall expire on June thirti-
eth, nineteen hundred fifty-four; one for a term which shall  expire  on
June  thirtieth, nineteen hundred fifty-five; two for a term which shall
expire  on  June  thirtieth,  nineteen hundred fifty-six; one for a term
which shall expire on June thirtieth, nineteen hundred fifty-seven;  two
for  a  term  which  shall  expire  on  June thirtieth, nineteen hundred
fifty-eight; one for a term which shall expire on June thirtieth,  nine-
teen hundred fifty-nine; two for a term which shall expire on June thir-
tieth,  nineteen hundred sixty; and one for a term which shall expire on
June thirtieth, nineteen hundred sixty-one. Vacancies  shall  be  filled
for  the unexpired term in the same manner as original appointments. The
term of office of each trustee appointed on or after April first,  nine-
teen  hundred  eighty-six  shall  be  seven  years,  except those of the
student member and  the  faculty  members.  Trustees  shall  receive  no
compensation  for  their  services  but  shall  be  reimbursed for their
expenses actually and necessarily incurred by them in the performance of
their duties under this article.
  S 2. Paragraph (a) of subdivision  2 of section 6204 of the  education
law,  as added by chapter 305 of the laws of 1979, is amended to read as
follows:
  (a) The board of trustees shall consist of seventeen trustees. Ten  of
the  trustees  shall  be  appointed  by the governor with the advice and
consent of the senate; PROVIDED THAT NO SUCH TRUSTEE, EXCEPT ANY CLASSI-
FIED CIVIL SERVICE EMPLOYEE, SHALL BE  AN  EMPLOYEE  OF,  OR  UNDER  THE
SUPERVISION  OF,  THE GOVERNOR.  Five of the trustees shall be appointed
by the mayor of the city of New York with the advice and consent of  the
senate;  PROVIDED  THAT  NO  SUCH  TRUSTEE,  EXCEPT ANY CLASSIFIED CIVIL
SERVICE EMPLOYEE OF THE CITY OF NEW YORK, SHALL BE AN  EMPLOYEE  OF,  OR
UNDER THE SUPERVISION OF, THE MAYOR OF THE CITY OF NEW YORK.  One ex-of-
ficio trustee shall be the chairperson of the university student senate.
One  ex-officio  non-voting  trustee  shall  be  the  chairperson of the
university faculty senate.
  S 3. This act shall take effect immediately and shall apply  to  board
members  of  the  state  university of New York and trustees of the city
university of New York appointed on or after such effective date.

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