S T A T E   O F   N E W   Y O R K
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                                  4466

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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  of  New  York,  city university of New York, and community
  colleges

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

  Section  1.  Section 350 of the education law is amended by adding two
new subdivisions 10 and 11 to read as follows:
  10. "COMMISSION" MEANS THE STATE UNIVERSITY OF NEW YORK'S  INDEPENDENT
COMMISSION ON BOARD OF TRUSTEE'S NOMINATIONS.
  11.  "CANDIDATE"  MEANS A PERSON WHO HAS REQUESTED THAT THE COMMISSION
CONSIDER HIS OR HER QUALIFICATIONS TO SERVE ON THE STATE  UNIVERSITY  OF
NEW  YORK BOARD OF TRUSTEES; OR (A) WHO HAS BEEN RECOMMENDED FOR CONSID-
ERATION BY THE COMMISSION BY ANOTHER PERSON, INCLUDING  A  COMMUNITY  OR
PROFESSIONAL ORGANIZATION; OR (B) WHO HAS AGREED TO BE CONSIDERED BY THE
COMMISSION AT THE COMMISSION'S REQUEST.
  S  2.  The education law is amended by adding four new sections 352-b,
352-c, 352-d and 352-e to read as follows:
  S 352-B. ORGANIZATION OF THE COMMISSION. 1. A STATE UNIVERSITY OF  NEW
YORK  INDEPENDENT COMMISSION ON BOARD OF TRUSTEES' NOMINATIONS IS HEREBY
ESTABLISHED. THE COMMISSION SHALL CONSIST  OF  ELEVEN  MEMBERS  OF  WHOM
THREE  SHALL BE APPOINTED BY THE GOVERNOR AND THREE EACH, BY THE SPEAKER
OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE  EACH
BY  THE  CHAIR OF THE STATE UNIVERSITY OF NEW YORK FACULTY SENATE AND BY
THE PRESIDENT OF THE STUDENT ASSEMBLY OF THE  STATE  UNIVERSITY  OF  NEW
YORK.  OF  THE THREE MEMBERS APPOINTED BY THE GOVERNOR, NO MORE THAN TWO
SHALL BE ENROLLED IN THE SAME POLITICAL PARTY AND TWO  OF  SUCH  MEMBERS
SHALL  BE  GRADUATES  OF THE STATE UNIVERSITY OF NEW YORK.  NO MEMBER OF
THE COMMISSION SHALL HOLD ANY ELECTED PUBLIC OFFICE  OR  OFFICE  IN  ANY
POLITICAL  PARTY  OR SHALL BE AN EMPLOYEE OF OR UNDER THE SUPERVISION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03659-01-3
              

S. 4466                             2

ANY PERSON WHO HOLDS SUCH ELECTED PUBLIC OFFICE OR OFFICE OF A POLITICAL
PARTY. NO MEMBER OF THE COMMISSION SHALL SERVE IN ANY  PUBLIC  OR  POLI-
TICAL  OFFICE  WITHIN  ONE  YEAR  OF THE MEMBER'S PERIOD OF SERVICE. THE
MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE STATE.
  2. THE MEMBERS FIRST APPOINTED BY THE GOVERNOR SHALL HAVE ONE, TWO AND
THREE-YEAR  TERMS,  RESPECTIVELY,  AS  HE  OR  SHE  SHALL DESIGNATE. THE
MEMBERS FIRST APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL  HAVE  ONE,
TWO,  AND  THREE-YEAR TERMS, RESPECTIVELY, AS HE OR SHE SHALL DESIGNATE.
THE MEMBER FIRST APPOINTED BY THE  TEMPORARY  PRESIDENT  OF  THE  SENATE
SHALL  HAVE  ONE,  TWO  AND THREE-YEAR TERMS, RESPECTIVELY, AS HE OR SHE
SHALL DESIGNATE. THE MEMBER FIRST APPOINTED BY THE CHAIR  OF  THE  STATE
UNIVERSITY  OF  NEW YORK FACULTY SENATE SHALL HAVE A TWO-YEAR TERM AS HE
OR SHE SHALL DESIGNATE. THE MEMBER FIRST APPOINTED BY THE  PRESIDENT  OF
THE  STUDENT  ASSEMBLY  OF THE STATE UNIVERSITY OF NEW YORK SHALL HAVE A
ONE-YEAR TERM AS HE OR SHE SHALL DESIGNATE. EACH SUBSEQUENT  APPOINTMENT
SHALL BE FOR A TERM OF ONE YEAR.
  3. A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINTMENT
OR  ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR HER
FOR APPOINTMENT TO, OR MEMBERSHIP ON, THE COMMISSION. A  VACANCY  OCCUR-
RING  FOR ANY REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED BY
THE APPOINTING AUTHORITY FOR THE REMAINDER OF THE UNEXPIRED TERM  PURSU-
ANT TO THE PROVISIONS OF THIS SECTION.
  4.  THE  MEMBERS OF THE COMMISSION SHALL DESIGNATE ONE MEMBER TO SERVE
AS CHAIRPERSON FOR A PERIOD OF TWO YEARS OR UNTIL HIS  OR  HER  TERM  OF
OFFICE EXPIRES, WHICHEVER PERIOD IS SHORTER.
  5.  EACH  MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE HIS OR
HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE  OF  HIS  OR
HER DUTIES.
  6. SEVEN MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
  S 352-C. FUNCTIONS OF THE COMMISSION. 1. THE COMMISSION SHALL:
  (A)  CONSIDER  AND  EVALUATE  THE  QUALIFICATIONS  OF  CANDIDATES  FOR
APPOINTMENT TO THE STATE UNIVERSITY OF NEW YORK BOARD OF  TRUSTEES  AND,
AS  VACANCIES OCCUR ON SUCH BOARD, THE COMMISSION SHALL RECOMMEND TO THE
GOVERNOR PERSONS WHO BY THEIR CHARACTER, TEMPERAMENT, PROFESSIONAL APTI-
TUDE AND EXPERIENCE ARE WELL QUALIFIED TO BE A  MEMBER  OF  SUCH  BOARD.
SUCH  QUALIFICATIONS  SHALL INCLUDE, BUT NOT BE LIMITED TO: (1) A BACCA-
LAUREATE DEGREE AS THE MINIMUM  EDUCATIONAL  CRITERIA;  (2)  FAMILIARITY
WITH  ADDRESSING  POLICY  ISSUES  IN A UNIONIZED ENVIRONMENT; (3) UNDER-
STANDING OF PUBLIC SECTOR INTERGOVERNMENTAL RELATIONS AS THEY RELATE  TO
HIGHER EDUCATION INSTITUTIONS; (4) UNDERSTANDING OF AND FAMILIARITY WITH
THE  KINDS OF ISSUES ARISING IN LARGE COMPLEX ORGANIZATIONS; (5) CURRENT
INTEREST IN THE INSTITUTION; (6) A COMMITMENT TO  PUBLIC  HIGHER  EDUCA-
TION;  (7)  A GENERAL BACKGROUND THAT WOULD ALLOW THEM TO MAKE DECISIONS
IN THE BEST INTERESTS OF THE INSTITUTION; (8) AN  ABILITY  TO  RECOGNIZE
THE  SOMETIMES  AMBIGUOUS DISTINCTION BETWEEN MANAGEMENT AND GOVERNANCE;
AND (9) AN ACTUAL AND PERCEIVED INDEPENDENCE FROM POLITICAL INTERFERENCE
IN THE GOVERNANCE OF THE INSTITUTION.
  (B) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
FIED FOR APPOINTMENT TO THE STATE UNIVERSITY OF NEW YORK BOARD OF  TRUS-
TEES, OTHER THAN THOSE WHO HAVE REQUESTED CONSIDERATION OR WHO HAVE BEEN
RECOMMENDED  FOR  CONSIDERATION  BY  OTHERS BE ENCOURAGED TO AGREE TO BE
CONSIDERED BY THE COMMISSION.
  (C) REQUIRE THE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS  OR  OTHER
EVIDENCE  THAT  IT  MAY  DEEM  RELEVANT OR MATERIAL TO ITS EVALUATION OF
CANDIDATES.

S. 4466                             3

  (D) REQUIRE FROM  ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,  BUREAU,
COMMISSION, OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
OF  OR  ANY  PUBLIC  AUTHORITY SUCH ASSISTANCE, INFORMATION AND DATA, AS
WILL ENABLE IT PROPERLY TO EVALUATE THE QUALIFICATIONS OF CANDIDATES.
  (E)  REQUIRE  THE  APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
  (F) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
CANDIDATE WHOM IT HAS RECOMMENDED TO THE GOVERNOR, AND COMMUNICATE  WITH
THE  SENATE  CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE APPOINTED BY
THE GOVERNOR.
  (G) DO ALL OTHER THINGS NECESSARY AND  CONVENIENT  TO  CARRY  OUT  ITS
FUNCTIONS PURSUANT TO THIS ARTICLE.
  2. A RECOMMENDATION TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF A
QUORUM  OF  THE COMMISSION. THE RECOMMENDATIONS TO THE GOVERNOR SHALL BE
TRANSMITTED TO THE GOVERNOR IN A SINGLE WRITTEN REPORT, WHICH  SHALL  BE
RELEASED  TO THE PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED TO
THE GOVERNOR. THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE  CHAIR-
PERSON,  AND  SHALL  INCLUDE  THE  COMMISSION'S FINDINGS RELATING TO THE
CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALIFICA-
TIONS AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE GOVERNOR.
  3.  NO  PERSON  SHALL  BE  RECOMMENDED  TO  THE  GOVERNOR  WHO HAS NOT
CONSENTED TO BE A CANDIDATE, WHO HAS NOT BEEN PERSONALLY INTERVIEWED  BY
A QUORUM OF THE MEMBERSHIP OF THE COMMISSION AS PROVIDED FOR IN SUBDIVI-
SION  SIX  OF SECTION THREE HUNDRED FIFTY-TWO-B OF THIS ARTICLE, AND WHO
HAS NOT FILED A FINANCIAL STATEMENT WITH THE COMMISSION, ON A FORM TO BE
PRESCRIBED BY THE COMMISSION. THE FINANCIAL STATEMENT SHALL CONSIST OF A
SWORN STATEMENT OF THE CANDIDATE'S ASSETS, LIABILITIES  AND  SOURCES  OF
INCOME,  AND ANY OTHER RELEVANT FINANCIAL INFORMATION, WHICH THE COMMIS-
SION MAY REQUIRE.  THE COMMISSION SHALL TRANSMIT  TO  THE  GOVERNOR  THE
FINANCIAL  STATEMENT  FILED  BY  EACH  CANDIDATE WHO IS RECOMMENDED. THE
GOVERNOR SHALL MAKE AVAILABLE TO  THE  PUBLIC  THE  FINANCIAL  STATEMENT
FILED BY THE CANDIDATE WHO IS APPOINTED TO FILL A VACANCY. THE FINANCIAL
STATEMENTS  FILED  BY  ALL OTHER CANDIDATES RECOMMENDED TO THE GOVERNOR,
BUT NOT APPOINTED BY HIM OR HER, SHALL BE CONFIDENTIAL.
  S 352-D. RULES OF THE COMMISSION. 1. THE COMMISSION SHALL  ADOPT,  AND
MAY AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT WITH LAW.
  2.  RULES  OF THE COMMISSION SHALL BE FILED WITH THE CHANCELLOR OF THE
STATE UNIVERSITY OF NEW YORK AND SHALL  BE  PUBLISHED  IN  THE  OFFICIAL
COMPILATION  OF  CODES, RULES AND REGULATIONS OF THE STATE. UPON REQUEST
OF ANY PERSON, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK  SHALL
FURNISH A COPY OF THE COMMISSION'S RULES WITHOUT CHARGE.
  3.  RULES  OF THE COMMISSION MAY PRESCRIBE FORMS AND QUESTIONNAIRES TO
BE COMPLETED AND, IF REQUIRED BY THE COMMISSION, VERIFIED BY CANDIDATES.
  4. RULES OF THE COMMISSION SHALL PROVIDE THAT UPON THE  COMPLETION  BY
THE COMMISSION OF ITS CONSIDERATION AND EVALUATION OF THE QUALIFICATIONS
OF  A CANDIDATE, THERE SHALL BE NO RECONSIDERATION OF SUCH CANDIDATE FOR
THE VACANCY FOR WHICH HE OR SHE WAS CONSIDERED, EXCEPT WITH THE  CONCUR-
RENCE OF A QUORUM OF THE COMMISSION.
  S  352-E.  CONFIDENTIALITY OF PROCEEDINGS AND RECORDS. 1. ALL COMMUNI-
CATIONS TO THE COMMISSION, AND ITS PROCEEDINGS,  AND  ALL  APPLICATIONS,
CORRESPONDENCE,  INTERVIEWS,  TRANSCRIPTS, REPORTS AND ALL OTHER PAPERS,
FILES AND RECORDS OF THE COMMISSION SHALL BE CONFIDENTIAL AND PRIVILEGED
AND, EXCEPT FOR THE PURPOSES OF ARTICLE TWO HUNDRED  TEN  OF  THE  PENAL
LAW,  SHALL  NOT  BE  MADE  AVAILABLE  TO ANY PERSON EXCEPT AS OTHERWISE
PROVIDED IN THIS ARTICLE.

S. 4466                             4

  2. THE GOVERNOR SHALL HAVE ACCESS TO ALL PAPERS AND INFORMATION RELAT-
ING TO PERSONS RECOMMENDED TO HIM OR HER BY THE COMMISSION.  THE  SENATE
SHALL  HAVE  ACCESS TO ALL PAPERS AND INFORMATION RELATING TO THE PERSON
APPOINTED BY THE GOVERNOR TO FILL A VACANCY. ALL INFORMATION THAT IS NOT
PUBLICLY  DISCLOSED  IN  ACCORDANCE  WITH  SUBDIVISIONS TWO AND THREE OF
SECTION THREE HUNDRED FIFTY-TWO-C  OF  THIS  ARTICLE,  OR  DISCLOSED  IN
CONNECTION  WITH  THE  SENATE'S  CONFIRMATION  OF THE APPOINTMENT, SHALL
REMAIN CONFIDENTIAL AND PRIVILEGED, EXCEPT FOR THE PURPOSES  OF  ARTICLE
TWO HUNDRED TEN OF THE PENAL LAW.
  3.  THE MEMBERS OF THE COMMISSION SHALL NOT PUBLICLY DIVULGE THE NAMES
OF, OR ANY INFORMATION CONCERNING, ANY  CANDIDATE  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS ARTICLE.
  S  3. 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, and one of whom shall be the presi-
dent of the faculty council of community colleges, ex-officio  and  non-
voting;  PROVIDED,  HOWEVER, THAT SUCH TRUSTEES, EXCEPT THE PRESIDENT OF
THE STUDENT ASSEMBLY OF THE  STATE  UNIVERSITY,  EX-OFFICIO,  HAVE  BEEN
RECOMMENDED AND APPROVED BY THE STATE UNIVERSITY OF NEW YORK'S INDEPEND-
ENT COMMISSION ON BOARD OF TRUSTEES NOMINATIONS. NO SUCH TRUSTEE, EXCEPT
THE PRESIDENT OF THE STUDENT ASSEMBLY OF THE STATE UNIVERSITY SERVING AS
AN  EX-OFFICIO MEMBER, SHALL BE AN EMPLOYEE OF, OR UNDER THE SUPERVISION
OF SUCH APPOINTING AUTHORITIES. THE SENATE UPON RECEIVING THE GOVERNOR'S
NOMINATION OF A TRUSTEE TO BE CONSIDERED FOR CONFIRMATION SHALL  CONSULT
WITH THE CHAIR OF THE SENATE HIGHER EDUCATION COMMITTEE AND SHALL PUBLI-
CIZE ITS CONSIDERATION OF SAID NOMINEE. THE SENATE SHALL VOTE TO CONFIRM
THE  NOMINEE NO EARLIER THAN TWENTY-ONE DAYS AFTER THE NOMINEE'S CONSID-
ERATION HAS BEEN PUBLICIZED. Such ex-officio members shall be subject to
every provision of any general, special, or local law, ordinance,  char-
ter,  code,  rule,  or regulation 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  hundred fifty-three; two for a term which shall expire on June
thirtieth, 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,  nine-
teen  hundred  fifty-eight;  one  for  a term which shall expire on June
thirtieth, nineteen hundred fifty-nine;  two  for  a  term  which  shall
expire  on  June  thirtieth,  nineteen hundred sixty; and one for a term
which shall expire on June thirtieth, nineteen hundred sixty-one. Vacan-
cies 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, nineteen hundred eighty-six shall be seven  years,

S. 4466                             5

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  4.  Section  6202 of the education law is amended by adding two new
subdivisions 10 and 11 to read as follows:
  10. "COMMISSION" MEANS THE CITY UNIVERSITY OF NEW  YORK'S  INDEPENDENT
COMMISSION ON BOARD OF TRUSTEES' NOMINATIONS.
  11.  "CANDIDATE"  MEANS A PERSON WHO HAS REQUESTED THAT THE COMMISSION
CONSIDER HIS OR HER QUALIFICATIONS TO SERVE ON THE  CITY  UNIVERSITY  OF
NEW  YORK BOARD OF TRUSTEES; OR (A) WHO HAS BEEN RECOMMENDED FOR CONSID-
ERATION BY THE COMMISSION BY ANOTHER PERSON, INCLUDING  A  COMMUNITY  OR
PROFESSIONAL ORGANIZATION; OR (B) WHO HAS AGREED TO BE CONSIDERED BY THE
COMMISSION AT THE COMMISSION'S REQUEST.
  S  5. The education law is amended by adding four new sections 6203-a,
6203-b, 6203-c and 6203-d to read as follows:
  S 6203-A. ORGANIZATION OF THE COMMISSION. 1. A CITY UNIVERSITY OF  NEW
YORK  INDEPENDENT COMMISSION ON BOARD OF TRUSTEES' NOMINATIONS IS HEREBY
ESTABLISHED. THE COMMISSION SHALL CONSIST  OF  ELEVEN  MEMBERS  OF  WHOM
THREE  SHALL  BE APPOINTED BY THE GOVERNOR AND TWO SELECTED BY THE MAYOR
OF THE CITY OF NEW YORK, AND TWO EACH, BY THE SPEAKER  OF  THE  ASSEMBLY
AND  THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE EACH BY THE CHAIR OF
THE CITY UNIVERSITY OF NEW YORK FACULTY SENATE AND BY THE CHAIRPERSON OF
THE CITY UNIVERSITY OF NEW YORK STUDENT SENATE.  OF  THE  THREE  MEMBERS
APPOINTED  BY  THE  GOVERNOR,  NO MORE THAN TWO SHALL BE ENROLLED IN THE
SAME POLITICAL PARTY AND TWO OF SUCH MEMBERS SHALL BE GRADUATES  OF  THE
CITY  UNIVERSITY  OF  NEW  YORK.  THE TWO MEMBERS APPOINTED BY THE MAYOR
SHALL NOT BE ENROLLED IN THE  SAME  POLITICAL  PARTY  AND  ONE  OF  SUCH
MEMBERS  SHALL  BE  A  GRADUATE  OF THE CITY UNIVERSITY OF NEW YORK.  NO
MEMBER OF THE COMMISSION SHALL HOLD ANY ELECTED PUBLIC OFFICE OR  OFFICE
IN  ANY  POLITICAL  PARTY OR SHALL BE AN EMPLOYEE OF OR UNDER THE SUPER-
VISION OF ANY PERSON WHO HOLDS SUCH ELECTED PUBLIC OFFICE OR OFFICE OF A
POLITICAL PARTY. NO MEMBER OF THE COMMISSION SHALL SERVE IN  ANY  PUBLIC
OR  POLITICAL  OFFICE WITHIN ONE YEAR OF THE MEMBER'S PERIOD OF SERVICE.
THE MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE STATE.
  2. THE MEMBERS FIRST APPOINTED BY THE GOVERNOR SHALL HAVE ONE, TWO AND
THREE-YEAR TERMS, RESPECTIVELY,  AS  HE  OR  SHE  SHALL  DESIGNATE.  THE
MEMBERS  FIRST  APPOINTED  BY  THE  MAYOR  SHALL HAVE TWO AND THREE-YEAR
TERMS, RESPECTIVELY, AS HE OR SHE SHALL  DESIGNATE.  THE  MEMBERS  FIRST
APPOINTED  BY  THE SPEAKER OF THE ASSEMBLY SHALL HAVE TWO AND THREE-YEAR
TERMS, RESPECTIVELY, AS HE OR SHE SHALL  DESIGNATE.  THE  MEMBERS  FIRST
APPOINTED  BY  THE  TEMPORARY PRESIDENT OF THE SENATE SHALL HAVE TWO AND
THREE-YEAR TERMS, RESPECTIVELY, AS HE OR SHE SHALL DESIGNATE. THE MEMBER
FIRST APPOINTED BY THE CHAIR OF THE CITY UNIVERSITY OF NEW YORK  FACULTY
SENATE  SHALL  HAVE  A  TWO-YEAR  TERM AS HE OR SHE SHALL DESIGNATE. THE
MEMBER FIRST APPOINTED BY THE PRESIDENT OF THE CITY  UNIVERSITY  OF  NEW
YORK STUDENT SENATE SHALL HAVE A ONE-YEAR TERM AS HE OR SHE SHALL DESIG-
NATE. EACH SUBSEQUENT APPOINTMENT SHALL BE FOR A TERM OF ONE YEAR.
  3. A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINTMENT
OR  ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR HER
FOR APPOINTMENT TO, OR MEMBERSHIP ON, THE COMMISSION. A  VACANCY  OCCUR-
RING  FOR ANY REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED BY
THE APPOINTING AUTHORITY FOR THE REMAINDER OF THE UNEXPIRED TERM  PURSU-
ANT TO THE PROVISIONS OF THIS SECTION.

S. 4466                             6

  4.  THE  MEMBERS OF THE COMMISSION SHALL DESIGNATE ONE MEMBER TO SERVE
AS CHAIRPERSON FOR A PERIOD OF TWO YEARS OR UNTIL HIS  OR  HER  TERM  OF
OFFICE EXPIRES, WHICHEVER PERIOD IS SHORTER.
  5.  EACH  MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE HIS OR
HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE  OF  HIS  OR
HER DUTIES.
  6. SEVEN MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
  S 6203-B. FUNCTIONS OF THE COMMISSION. 1. THE COMMISSION SHALL:
  (A)  CONSIDER    AND  EVALUATE  THE  QUALIFICATIONS  OF CANDIDATES FOR
APPOINTMENT TO THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES AND, AS
VACANCIES OCCUR ON SUCH BOARD, SHALL RECOMMEND TO THE GOVERNOR  AND  THE
MAYOR  OF  THE CITY OF NEW YORK, PERSONS WHO BY THEIR CHARACTER, TEMPER-
AMENT, PROFESSIONAL APTITUDE AND EXPERIENCE ARE WELL QUALIFIED TO  BE  A
MEMBER  OF  SUCH  BOARD.  SUCH  QUALIFICATIONS SHALL INCLUDE, BUT NOT BE
LIMITED TO: (1) A BACCALAUREATE DEGREE AS THE MINIMUM EDUCATIONAL CRITE-
RIA; (2) FAMILIARITY WITH ADDRESSING POLICY ISSUES IN A UNIONIZED  ENVI-
RONMENT;  (3) UNDERSTANDING OF PUBLIC SECTOR INTERGOVERNMENTAL RELATIONS
AS THEY RELATE TO HIGHER EDUCATION INSTITUTIONS;  (4)  UNDERSTANDING  OF
AND FAMILIARITY WITH THE KINDS OF ISSUES ARISING IN LARGE COMPLEX ORGAN-
IZATIONS;  (5)  CURRENT INTEREST IN THE INSTITUTION; (6) A COMMITMENT TO
PUBLIC HIGHER EDUCATION; (7) A GENERAL BACKGROUND THAT WOULD ALLOW  THEM
TO MAKE DECISIONS IN THE BEST INTERESTS OF THE INSTITUTION; (8) AN ABIL-
ITY  TO RECOGNIZE THE SOMETIMES AMBIGUOUS DISTINCTION BETWEEN MANAGEMENT
AND GOVERNANCE; AND (9) AN ACTUAL AND PERCEIVED INDEPENDENCE FROM  POLI-
TICAL INTERFERENCE IN THE GOVERNANCE OF THE INSTITUTION.
  (B) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
FIED  FOR  APPOINTMENT TO THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUS-
TEES, OTHER THAN THOSE WHO HAVE REQUESTED CONSIDERATION OR WHO HAVE BEEN
RECOMMENDED FOR CONSIDERATION BY OTHERS BE ENCOURAGED  TO  AGREE  TO  BE
CONSIDERED BY THE COMMISSION.
  (C)  REQUIRE  THE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS OR OTHER
EVIDENCE THAT IT MAY DEEM RELEVANT OR  MATERIAL  TO  ITS  EVALUATION  OF
CANDIDATES.
  (D)  REQUIRE  FROM  ANY  COURT,  DEPARTMENT,  DIVISION, BOARD, BUREAU,
COMMISSION, OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
OF OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE,  INFORMATION  AND  DATA,  AS
WILL ENABLE IT PROPERLY TO EVALUATE THE QUALIFICATIONS OF CANDIDATES.
  (E)  REQUIRE  THE  APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
  (F) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
CANDIDATE WHOM IT HAS RECOMMENDED TO THE GOVERNOR AND  COMMUNICATE  WITH
THE  SENATE  CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE APPOINTED BY
THE GOVERNOR.
  (G) COMMUNICATE WITH THE MAYOR OF THE CITY OF NEW YORK CONCERNING  THE
QUALIFICATIONS  OF ANY CANDIDATE WHOM IT HAS RECOMMENDED TO THE MAYOR OF
THE CITY OF NEW YORK, AND COMMUNICATE WITH  THE  SENATE  CONCERNING  THE
QUALIFICATIONS  OF  ANY  CANDIDATE APPOINTED BY THE MAYOR OF THE CITY OF
NEW YORK.
  (H) DO ALL OTHER THINGS NECESSARY AND  CONVENIENT  TO  CARRY  OUT  ITS
FUNCTIONS PURSUANT TO THIS ARTICLE.
  2.  RECOMMENDATIONS TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF A
QUORUM OF THE COMMISSION.  THE RECOMMENDATIONS TO THE GOVERNOR SHALL  BE
TRANSMITTED  TO  THE GOVERNOR IN A SINGLE WRITTEN REPORT, WHICH SHALL BE
RELEASED TO THE PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED  TO
THE GOVERNOR.  THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE CHAIR-
PERSON,  AND  SHALL  INCLUDE  THE  COMMISSION'S FINDINGS RELATING TO THE

S. 4466                             7

CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALIFICA-
TIONS AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE GOVERNOR.
  3.  RECOMMENDATIONS TO THE MAYOR OF THE CITY OF NEW YORK SHALL REQUIRE
THE CONCURRENCE OF A QUORUM OF THE COMMISSION.   RECOMMENDATIONS TO  THE
MAYOR  OF  THE CITY OF NEW YORK SHALL BE TRANSMITTED TO THE MAYOR OF THE
CITY OF NEW YORK IN A SINGLE WRITTEN REPORT, WHICH SHALL BE RELEASED  TO
THE PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED TO THE MAYOR OF
THE  CITY  OF NEW YORK.   THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY
THE CHAIRPERSON, AND SHALL INCLUDE THE COMMISSION'S FINDINGS RELATING TO
THE CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALI-
FICATIONS  AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE MAYOR
OF THE CITY OF NEW YORK.
  4. NO PERSON SHALL BE RECOMMENDED TO THE GOVERNOR OR THE MAYOR OF  THE
CITY  OF  NEW  YORK WHO HAS NOT CONSENTED TO BE A CANDIDATE, WHO HAS NOT
BEEN PERSONALLY INTERVIEWED BY A QUORUM OF THE MEMBERSHIP OF THE COMMIS-
SION AS PROVIDED FOR IN SUBDIVISION SIX  OF  SECTION  SIXTY-TWO  HUNDRED
THREE-A  OF  THIS  ARTICLE,  AND WHO HAS NOT FILED A FINANCIAL STATEMENT
WITH THE COMMISSION, ON A FORM TO BE PRESCRIBED BY THE  COMMISSION.  THE
FINANCIAL  STATEMENT  SHALL  CONSIST  OF A SWORN STATEMENT OF THE CANDI-
DATE'S ASSETS, LIABILITIES AND SOURCES OF INCOME, AND ANY OTHER RELEVANT
FINANCIAL INFORMATION, WHICH THE COMMISSION MAY REQUIRE.  THE COMMISSION
SHALL TRANSMIT TO THE GOVERNOR THE FINANCIAL  STATEMENT  FILED  BY  EACH
CANDIDATE  WHO  IS  RECOMMENDED TO THE GOVERNOR. THE GOVERNOR SHALL MAKE
AVAILABLE TO THE PUBLIC THE FINANCIAL STATEMENT FILED BY  THE  CANDIDATE
WHO  IS  APPOINTED  TO FILL A VACANCY. THE FINANCIAL STATEMENTS FILED BY
ALL OTHER CANDIDATES RECOMMENDED TO THE GOVERNOR, BUT NOT  APPOINTED  BY
HIM  OR  HER SHALL BE CONFIDENTIAL. THE COMMISSION SHALL TRANSMIT TO THE
MAYOR OF THE CITY OF NEW YORK THE  FINANCIAL  STATEMENT  FILED  BY  EACH
CANDIDATE  WHO  IS RECOMMENDED TO THE MAYOR OF THE CITY OF NEW YORK. THE
MAYOR OF THE CITY OF NEW YORK SHALL MAKE AVAILABLE  TO  THE  PUBLIC  THE
FINANCIAL  STATEMENT  FILED  BY THE CANDIDATE WHO IS APPOINTED TO FILL A
VACANCY. THE FINANCIAL STATEMENTS FILED BY ALL OTHER  CANDIDATES  RECOM-
MENDED TO THE MAYOR OF THE CITY OF NEW YORK, BUT NOT APPOINTED BY HIM OR
HER SHALL BE CONFIDENTIAL.
  S  6203-C. RULES OF THE COMMISSION. 1. THE COMMISSION SHALL ADOPT, AND
MAY AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT WITH LAW.
  2. RULES OF THE COMMISSION SHALL BE FILED WITH THE CHANCELLOR  OF  THE
CITY  UNIVERSITY  OF  NEW  YORK  AND  SHALL BE PUBLISHED IN THE OFFICIAL
COMPILATION OF CODES, RULES AND REGULATIONS OF THE CITY AND THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK. UPON REQUEST OF  ANY  PERSON,  THE
CHANCELLOR  OF  THE  CITY UNIVERSITY OF NEW YORK SHALL FURNISH A COPY OF
THE COMMISSION'S RULES WITHOUT CHARGE.
  3. RULES OF THE COMMISSION MAY PRESCRIBE FORMS AND  QUESTIONNAIRES  TO
BE COMPLETED AND, IF REQUIRED BY THE COMMISSION, VERIFIED BY CANDIDATES.
  4.  RULES  OF THE COMMISSION SHALL PROVIDE THAT UPON THE COMPLETION BY
THE COMMISSION OF ITS CONSIDERATION AND EVALUATION OF THE QUALIFICATIONS
OF A CANDIDATE, THERE SHALL BE NO RECONSIDERATION OF SUCH CANDIDATE  FOR
THE  VACANCY FOR WHICH HE OR SHE WAS CONSIDERED, EXCEPT WITH THE CONCUR-
RENCE OF A QUORUM OF THE COMMISSION.
  S 6203-D. CONFIDENTIALITY OF PROCEEDINGS AND RECORDS. 1. ALL  COMMUNI-
CATIONS  TO  THE  COMMISSION, AND ITS PROCEEDINGS, AND ALL APPLICATIONS,
CORRESPONDENCE, INTERVIEWS, TRANSCRIPTS, REPORTS AND ALL  OTHER  PAPERS,
FILES AND RECORDS OF THE COMMISSION SHALL BE CONFIDENTIAL AND PRIVILEGED
AND,  EXCEPT  FOR  THE  PURPOSES OF ARTICLE TWO HUNDRED TEN OF THE PENAL
LAW, SHALL NOT BE MADE AVAILABLE  TO  ANY  PERSON  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS ARTICLE.

S. 4466                             8

  2.  THE  GOVERNOR  AND  THE  MAYOR  OF THE CITY OF NEW YORK SHALL HAVE
ACCESS TO ALL PAPERS AND INFORMATION RELATING TO PERSONS RECOMMENDED  TO
HIM OR HER BY THE COMMISSION. THE SENATE SHALL HAVE ACCESS TO ALL PAPERS
AND INFORMATION RELATING TO THE PERSON APPOINTED BY THE GOVERNOR AND THE
MAYOR OF THE CITY OF NEW YORK TO FILL A VACANCY. ALL INFORMATION THAT IS
NOT  PUBLICLY  DISCLOSED  IN ACCORDANCE WITH SUBDIVISIONS TWO, THREE AND
FOUR OF SECTION SIXTY-TWO HUNDRED THREE-B OF THIS ARTICLE, OR  DISCLOSED
IN  CONNECTION  WITH THE SENATE'S CONFIRMATION OF THE APPOINTMENT, SHALL
REMAIN CONFIDENTIAL AND PRIVILEGED, EXCEPT FOR THE PURPOSES  OF  ARTICLE
TWO HUNDRED TEN OF THE PENAL LAW.
  3.  THE MEMBERS OF THE COMMISSION SHALL NOT PUBLICLY DIVULGE THE NAMES
OF, OR ANY INFORMATION CONCERNING, ANY  CANDIDATE  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS ARTICLE.
  S  6.  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, HOWEVER, THAT NO SUCH TRUSTEES SHALL BE
AN  EMPLOYEE  OF,  OR  UNDER  THE SUPERVISION OF, ANY OF SUCH APPOINTING
AUTHORITIES.  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, HOWEVER, THAT NO SUCH TRUSTEE SHALL  BE  AN  EMPLOYEE  OF,  OR
UNDER THE SUPERVISION OF, ANY OF SUCH APPOINTING AUTHORITIES. THE SENATE
UPON  RECEIVING  THE GOVERNOR'S NOMINATION OF A TRUSTEE TO BE CONSIDERED
FOR CONFIRMATION SHALL CONSULT WITH  THE  CHAIR  OF  THE  SENATE  HIGHER
EDUCATION  COMMITTEE AND SHALL PUBLICIZE ITS CONSIDERATION OF SAID NOMI-
NEE. THE SENATE SHALL VOTE TO CONFIRM THE NOMINEE NO EARLIER THAN  TWEN-
TY-ONE  DAYS AFTER THE NOMINEE'S CONSIDERATION HAS BEEN PUBLICIZED.  One
ex-officio 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.  SUCH TRUSTEES, EXCEPT THE CHAIRPERSON OF
THE UNIVERSITY STUDENT SENATE, EX-OFFICIO, AND THE  CHAIRPERSON  OF  THE
FACULTY SENATE, EX-OFFICIO, MUST BE RECOMMENDED AND APPROVED BY THE CITY
UNIVERSITY  OF  NEW  YORK'S  INDEPENDENT COMMISSION ON BOARD OF TRUSTEES
NOMINATIONS.
  S 7. Section 6301 of the education law is amended by adding  five  new
subdivisions 6, 7, 8, 9 and 10 to read as follows:
  6. "COMMISSIONS." THE STATE UNIVERSITY OF NEW YORK'S COMMUNITY COLLEGE
INDEPENDENT COMMISSION ON LOCAL BOARD OF TRUSTEES NOMINATIONS.
  7. "REGIONAL COMMISSIONS." THE STATE UNIVERSITY OF NEW YORK'S REGIONAL
COMMUNITY  COLLEGE  INDEPENDENT  COMMISSIONS  ON LOCAL BOARD OF TRUSTEES
NOMINATIONS.
  8. "CANDIDATE." A PERSON WHO HAS REQUESTED THAT THE COMMISSION OR  THE
REGIONAL  COMMISSION  CONSIDER HIS OR HER QUALIFICATIONS TO SERVE ON THE
LOCAL BOARD OF TRUSTEES OF A STATE  UNIVERSITY  OF  NEW  YORK  COMMUNITY
COLLEGE  OR  REGIONAL COMMUNITY COLLEGE; OR (A) WHO HAS BEEN RECOMMENDED
FOR CONSIDERATION BY THE COMMISSION OR REGIONAL  COMMISSION  BY  ANOTHER
PERSON,  INCLUDING  A COMMUNITY OR PROFESSIONAL ORGANIZATION; OR (B) WHO
HAS AGREED TO BE CONSIDERED BY THE COMMISSION OR REGIONAL COMMISSION  AT
SUCH COMMISSION'S REQUEST.
  9.  "LOCAL APPOINTING AUTHORITY." THE LOCAL LEGISLATIVE BODY OR BOARD,
OR OTHER APPROPRIATE GOVERNING AGENCY AUTHORIZED TO APPOINT MEMBERS TO A
STATE UNIVERSITY COMMUNITY COLLEGE BOARD OF TRUSTEES PURSUANT TO SECTION
SIXTY-THREE HUNDRED SIX OF THIS ARTICLE.

S. 4466                             9

  10. "REGIONAL APPOINTING AUTHORITY." THE REGIONAL LEGISLATIVE BODY  OR
BOARD,  OR  OTHER  APPROPRIATE  GOVERNING  AGENCY  AUTHORIZED TO APPOINT
MEMBERS TO A STATE UNIVERSITY REGIONAL COMMUNITY COLLEGE BOARD OF  TRUS-
TEES PURSUANT TO SECTION SIXTY-THREE HUNDRED TEN OF THIS ARTICLE.
  S  8. The education law is amended by adding four new sections 6306-a,
6306-b, 6306-c and 6306-d to read as follows:
  S 6306-A. ORGANIZATION OF  THE  COMMISSIONS.  1.  FOR  EACH  COMMUNITY
COLLEGE,  EXCLUDING THOSE IN THE CITY OF NEW YORK EXCEPT FOR THE FASHION
INSTITUTE OF TECHNOLOGY, THERE IS HEREBY ESTABLISHED A STATE  UNIVERSITY
OF  NEW  YORK COMMUNITY COLLEGE INDEPENDENT COMMISSION ON LOCAL BOARD OF
TRUSTEES NOMINATIONS. EACH COMMISSION SHALL CONSIST OF ELEVEN MEMBERS OF
WHOM FOUR SHALL BE APPOINTED BY THE  GOVERNOR,  FIVE  MEMBERS  SHALL  BE
APPOINTED BY THE LOCAL APPOINTING AUTHORITY, ONE MEMBER APPOINTED BY THE
PRESIDENT  OF  THE FACULTY COUNCIL OF COMMUNITY COLLEGES, AND ONE MEMBER
ELECTED BY AND FROM AMONG THE STUDENTS  OF  THE  COLLEGE.  OF  THE  FOUR
MEMBERS APPOINTED BY THE GOVERNOR, NO MORE THAN TWO SHALL BE ENROLLED IN
THE  SAME  POLITICAL PARTY AND TWO OF SUCH MEMBERS SHALL BE GRADUATES OF
THE STATE UNIVERSITY SYSTEM. OF THE FIVE MEMBERS APPOINTED BY THE  LOCAL
APPOINTING  AUTHORITY  NO  MORE THAN THREE SHALL BE ENROLLED IN THE SAME
POLITICAL PARTY. NO MEMBER OF A COMMISSION SHALL HOLD ANY ELECTED PUBLIC
OFFICE OR OFFICE IN ANY POLITICAL PARTY OR SHALL BE AN  EMPLOYEE  OF  OR
UNDER THE SUPERVISION OF ANY PERSON WHO HOLDS SUCH ELECTED PUBLIC OFFICE
OR OFFICE OF A POLITICAL PARTY. NO MEMBER OF A COMMISSION SHALL SERVE IN
ANY PUBLIC OR POLITICAL OFFICE WITHIN ONE YEAR OF THE MEMBER'S PERIOD OF
SERVICE. THE MEMBERS OF EACH COMMISSION SHALL BE RESIDENTS OF THE STATE.
  2.  OF  THE MEMBERS FIRST APPOINTED BY THE GOVERNOR, TWO MEMBERS SHALL
HAVE A TWO-YEAR TERM AND TWO MEMBERS SHALL HAVE A THREE-YEAR TERM AS  HE
OR  SHE  SHALL  DESIGNATE.  OF  THE MEMBERS FIRST APPOINTED BY THE LOCAL
APPOINTING AUTHORITY, TWO MEMBERS SHALL  BE  APPOINTED  FOR  A  TWO-YEAR
TERM,  TWO  MEMBERS  SHALL  BE  APPOINTED  FOR A THREE-YEAR TERM AND ONE
MEMBER SHALL BE APPOINTED FOR A FOUR-YEAR TERM, AS SUCH LOCAL APPOINTING
AUTHORITY SHALL DESIGNATE. EACH SUBSEQUENT APPOINTMENT BY  THE  GOVERNOR
AND  THE  LOCAL  APPOINTING AUTHORITY SHALL SERVE A TERM FOR FOUR YEARS.
THE MEMBER FIRST APPOINTED BY THE PRESIDENT OF THE  FACULTY  COUNCIL  OF
COMMUNITY COLLEGES SHALL SERVE A TWO-YEAR TERM. EACH SUBSEQUENT APPOINT-
MENT BY THE PRESIDENT OF THE FACULTY COUNCIL SHALL BE FOR A TERM OF FOUR
YEARS.  THE  MEMBER  FIRST ELECTED BY AND FROM AMONG THE STUDENTS OF THE
COLLEGE SHALL SERVE A  ONE-YEAR  TERM.  EACH  SUBSEQUENT  TERM  FOR  THE
ELECTED MEMBER SHALL BE A ONE-YEAR TERM.
  3. A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINTMENT
OR  ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR HER
FOR APPOINTMENT TO, OR MEMBERSHIP ON, A COMMISSION. A VACANCY  OCCURRING
FOR  ANY  REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED BY THE
APPOINTING AUTHORITY FOR THE REMAINDER OF THE UNEXPIRED TERM PURSUANT TO
THE PROVISIONS OF THIS SECTION.
  4. THE MEMBERS OF A COMMISSION SHALL DESIGNATE ONE MEMBER TO SERVE  AS
CHAIRPERSON FOR A PERIOD OF TWO YEARS OR UNTIL HIS OR HER TERM OF OFFICE
EXPIRES, WHICHEVER PERIOD IS SHORTER.
  5. EACH MEMBER OF A COMMISSION SHALL BE ENTITLED TO RECEIVE HIS OR HER
ACTUAL  AND  NECESSARY  EXPENSES INCURRED IN THE DISCHARGE OF HIS OR HER
DUTIES.
  6. SEVEN MEMBERS OF A COMMISSION SHALL CONSTITUTE A QUORUM.
  S 6306-B. FUNCTIONS OF THE COMMISSIONS. 1. EACH COMMISSION SHALL:
  (A)  CONSIDER  AND  EVALUATE  THE  QUALIFICATIONS  OF  CANDIDATES  FOR
APPOINTMENT  TO  THEIR STATE UNIVERSITY COMMUNITY COLLEGE LOCAL BOARD OF
TRUSTEES AND, AS VACANCIES OCCUR ON A LOCAL BOARD,  SHALL  RECOMMEND  TO

S. 4466                            10

THE GOVERNOR AND LOCAL APPOINTING AUTHORITY PERSONS WHO BY THEIR CHARAC-
TER,  TEMPERAMENT,  PROFESSIONAL APTITUDE AND EXPERIENCE ARE WELL QUALI-
FIED TO BE A MEMBER OF SUCH STATE  UNIVERSITY  COMMUNITY  COLLEGE  LOCAL
BOARD OF TRUSTEES. SUCH QUALIFICATIONS SHALL INCLUDE, BUT NOT BE LIMITED
TO:  (1) A BACCALAUREATE DEGREE AS THE MINIMUM EDUCATIONAL CRITERIA; (2)
FAMILIARITY WITH ADDRESSING POLICY ISSUES IN  A  UNIONIZED  ENVIRONMENT;
(3)  UNDERSTANDING  OF PUBLIC SECTOR INTERGOVERNMENTAL RELATIONS AS THEY
RELATE TO HIGHER EDUCATION INSTITUTIONS; (4) UNDERSTANDING OF AND FAMIL-
IARITY WITH THE KINDS OF ISSUES ARISING IN LARGE COMPLEX  ORGANIZATIONS;
(5)  CURRENT  INTEREST  IN  THE  INSTITUTION; (6) A COMMITMENT TO PUBLIC
HIGHER EDUCATION; (7) A GENERAL BACKGROUND THAT WOULD ALLOW THEM TO MAKE
DECISIONS IN THE BEST INTERESTS OF THE INSTITUTION; (8)  AN  ABILITY  TO
RECOGNIZE  THE  SOMETIMES  AMBIGUOUS  DISTINCTION BETWEEN MANAGEMENT AND
GOVERNANCE; AND (9) AN ACTUAL AND PERCEIVED INDEPENDENCE FROM  POLITICAL
INTERFERENCE IN THE GOVERNANCE OF THE INSTITUTION.
  (B) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
FIED FOR APPOINTMENT TO A STATE UNIVERSITY COMMUNITY COLLEGE LOCAL BOARD
OF  TRUSTEES,  OTHER  THAN THOSE WHO HAVE REQUESTED CONSIDERATION OR WHO
HAVE BEEN RECOMMENDED FOR CONSIDERATION BY OTHERS BE ENCOURAGED TO AGREE
TO BE CONSIDERED BY THE COMMISSION.
  (C) REQUIRE THE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS  OR  OTHER
EVIDENCE  THAT  IT  MAY  DEEM  RELEVANT OR MATERIAL TO ITS EVALUATION OF
CANDIDATES.
  (D) REQUIRE FROM  ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,  BUREAU,
COMMISSION,  OR  OTHER  AGENCY OF THE STATE, LOCAL GOVERNMENT OR MUNICI-
PALITY, OR POLITICAL SUBDIVISION THEREOF OR ANY  PUBLIC  AUTHORITY  SUCH
ASSISTANCE, INFORMATION AND DATA, AS WILL ENABLE IT PROPERLY TO EVALUATE
THE QUALIFICATIONS OF CANDIDATES.
  (E)  REQUIRE  THE  APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
  (F) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
CANDIDATE WHOM IT HAS RECOMMENDED TO THE GOVERNOR AND  COMMUNICATE  WITH
THE  SENATE  CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE APPOINTED BY
THE GOVERNOR.
  (G) COMMUNICATE WITH THE LOCAL  APPOINTING  AUTHORITY  CONCERNING  THE
QUALIFICATIONS  OF  ANY  CANDIDATE WHOM IT  HAS RECOMMENDED TO THE LOCAL
APPOINTING AUTHORITY.
  (H) DO ALL OTHER THINGS NECESSARY AND  CONVENIENT  TO  CARRY  OUT  ITS
FUNCTIONS PURSUANT TO THIS ARTICLE.
  2. A RECOMMENDATION TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF A
QUORUM  OF  A  COMMISSION.  THE RECOMMENDATIONS TO THE GOVERNOR SHALL BE
TRANSMITTED TO THE GOVERNOR IN A SINGLE WRITTEN REPORT, WHICH  SHALL  BE
RELEASED  TO THE PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED TO
THE GOVERNOR. THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE  CHAIR-
PERSON,  AND  SHALL  INCLUDE  THE  COMMISSION'S FINDINGS RELATING TO THE
CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALIFICA-
TIONS AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE GOVERNOR.
  3.  A RECOMMENDATION TO A LOCAL APPOINTING AUTHORITY SHALL REQUIRE THE
CONCURRENCE OF A QUORUM OF A  COMMISSION.  RECOMMENDATIONS  TO  A  LOCAL
APPOINTING  AUTHORITY  SHALL  BE  TRANSMITTED  TO  THE  LOCAL APPOINTING
AUTHORITY IN A SINGLE WRITTEN REPORT, WHICH SHALL  BE  RELEASED  TO  THE
PUBLIC  BY  THE  COMMISSION  AT  THE  TIME  IT IS SUBMITTED TO THE LOCAL
APPOINTING AUTHORITY. THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE
CHAIRPERSON, AND SHALL INCLUDE THE COMMISSION'S FINDINGS RELATING TO THE
CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALIFICA-

S. 4466                            11

TIONS  AND  FITNESS  OF  EACH  CANDIDATE WHO IS RECOMMENDED TO THE LOCAL
APPOINTING AUTHORITY.
  4.  NO PERSON SHALL BE RECOMMENDED TO THE GOVERNOR OR A LOCAL APPOINT-
ING AUTHORITY WHO HAS NOT CONSENTED TO BE A CANDIDATE, WHO HAS NOT  BEEN
PERSONALLY  INTERVIEWED BY A QUORUM OF THE MEMBERSHIP OF A COMMISSION AS
PROVIDED IN SUBDIVISION SIX OF SECTION SIXTY-THREE HUNDRED SIX-A OF THIS
ARTICLE, AND WHO HAS NOT FILED A FINANCIAL STATEMENT WITH A  COMMISSION,
ON  A  FORM  TO BE PRESCRIBED BY THE COMMISSION. THE FINANCIAL STATEMENT
SHALL CONSIST OF A SWORN STATEMENT OF THE  CANDIDATE'S  ASSETS,  LIABIL-
ITIES  AND  SOURCES OF INCOME, AND ANY OTHER RELEVANT FINANCIAL INFORMA-
TION, WHICH A COMMISSION MAY REQUIRE. EACH COMMISSION SHALL TRANSMIT  TO
THE  GOVERNOR  THE  FINANCIAL  STATEMENT  FILED BY EACH CANDIDATE WHO IS
RECOMMENDED TO THE GOVERNOR. THE GOVERNOR SHALL MAKE  AVAILABLE  TO  THE
PUBLIC  THE  FINANCIAL STATEMENT FILED BY THE CANDIDATE WHO IS APPOINTED
TO FILL A VACANCY. THE FINANCIAL STATEMENTS FILED BY  ALL  OTHER  CANDI-
DATES RECOMMENDED TO THE GOVERNOR, BUT NOT APPOINTED BY HIM OR HER SHALL
BE  CONFIDENTIAL.  THE COMMISSION SHALL TRANSMIT TO THE LOCAL APPOINTING
AUTHORITY THE FINANCIAL STATEMENT FILED BY EACH CANDIDATE WHO IS  RECOM-
MENDED TO THE LOCAL APPOINTING AUTHORITY. THE LOCAL APPOINTING AUTHORITY
SHALL  MAKE AVAILABLE TO THE PUBLIC THE FINANCIAL STATEMENT FILED BY THE
CANDIDATE WHO IS APPOINTED TO FILL A VACANCY. THE  FINANCIAL  STATEMENTS
FILED  BY  ALL  OTHER  CANDIDATES  RECOMMENDED  TO  THE LOCAL APPOINTING
AUTHORITY, BUT NOT APPOINTED BY SUCH AUTHORITY, SHALL BE CONFIDENTIAL.
  S 6306-C. RULES OF THE COMMISSIONS. 1. EACH  COMMISSION  SHALL  ADOPT,
AND MAY AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT WITH LAW.
  2.  RULES OF EACH COMMISSION SHALL BE FILED WITH THE CHANCELLOR OF THE
STATE UNIVERSITY OF NEW YORK AND SHALL  BE  PUBLISHED  IN  THE  OFFICIAL
COMPILATION  OF  CODES, RULES AND REGULATIONS OF THE STATE. UPON REQUEST
OF ANY PERSON, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK  SHALL
FURNISH A COPY OF ANY COMMISSION'S RULES WITHOUT CHARGE.
  3.  RULES OF EACH COMMISSION MAY PRESCRIBE FORMS AND QUESTIONNAIRES TO
BE COMPLETED AND, IF REQUIRED BY ANY COMMISSION, VERIFIED BY CANDIDATES.
  4. RULES OF EACH COMMISSION SHALL PROVIDE THAT UPON THE COMPLETION  BY
THE COMMISSION OF ITS CONSIDERATION AND EVALUATION OF THE QUALIFICATIONS
OF  A CANDIDATE, THERE SHALL BE NO RECONSIDERATION OF SUCH CANDIDATE FOR
THE VACANCY FOR WHICH HE OR SHE WAS CONSIDERED, EXCEPT WITH THE  CONCUR-
RENCE OF A QUORUM OF THE COMMISSION.
  S  6306-D. CONFIDENTIALITY OF PROCEEDINGS AND RECORDS. 1. ALL COMMUNI-
CATIONS TO EACH COMMISSION, AND THEIR PROCEEDINGS, AND ALL APPLICATIONS,
CORRESPONDENCE, INTERVIEWS, TRANSCRIPTS, REPORTS AND ALL  OTHER  PAPERS,
FILES  AND  RECORDS  OF EACH COMMISSION SHALL BE CONFIDENTIAL AND PRIVI-
LEGED AND, EXCEPT FOR THE PURPOSES OF ARTICLE TWO  HUNDRED  TEN  OF  THE
PENAL LAW, SHALL NOT BE MADE AVAILABLE TO ANY PERSON EXCEPT AS OTHERWISE
PROVIDED IN THIS ARTICLE.
  2. THE GOVERNOR SHALL HAVE ACCESS TO ALL PAPERS AND INFORMATION RELAT-
ING  TO CANDIDATES RECOMMENDED TO HIM OR HER BY EACH COMMISSION. A LOCAL
APPOINTING AUTHORITY SHALL HAVE ACCESS TO  ALL  PAPERS  AND  INFORMATION
RELATING  TO  CANDIDATES RECOMMENDED TO IT BY A COMMISSION. ALL INFORMA-
TION THAT IS NOT PUBLICLY DISCLOSED IN ACCORDANCE WITH SUBDIVISIONS TWO,
THREE AND FOUR OF SECTION SIXTY-THREE HUNDRED  SIX-B  OF  THIS  ARTICLE,
SHALL  REMAIN  CONFIDENTIAL  AND  PRIVILEGED, EXCEPT FOR THE PURPOSES OF
ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
  3. THE MEMBERS OF EACH COMMISSION SHALL NOT PUBLICLY DIVULGE THE NAMES
OF, OR ANY INFORMATION CONCERNING, ANY  CANDIDATE  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS ARTICLE.

S. 4466                            12

  S 9. Subdivision 1 of section 6306 of the education law, as amended by
chapter 268 of the laws of 2003, is amended to read as follows:
  1.    Each community college, except in the city of New York, shall be
administered by a board of trustees of ten members, nine of  whom  shall
be appointed for terms of seven years in annual rotation, and one member
elected  as  herein  provided, except that initial appointments shall be
made for terms of one to nine years respectively. Five members shall  be
appointed  by  the local legislative body or board, or other appropriate
governing agency[, one of whom may be a member of such local legislative
body or board, or other appropriate governing agency, four,];  PROVIDED,
HOWEVER,  THAT  SUCH TRUSTEES, EXCEPT THE ONE MEMBER ELECTED BY AND FROM
AMONG THE STUDENTS OF THE COLLEGE,  HAVE  BEEN  APPROVED  BY  THE  STATE
UNIVERSITY  OF  NEW  YORK'S  COMMUNITY COLLEGE INDEPENDENT COMMISSION ON
LOCAL BOARD OF TRUSTEES NOMINATIONS. NO SUCH  TRUSTEE,  EXCEPT  THE  ONE
MEMBER  ELECTED  BY AND FROM AMONG THE STUDENTS OF THE COLLEGE, SHALL BE
AN EMPLOYEE OF, OR UNDER THE SUPERVISION  OF,  ANY  OF  SUCH  APPOINTING
AUTHORITIES. FOUR MEMBERS SHALL BE APPOINTED from among persons residing
in the sponsoring community, by the governor [and one]; PROVIDED, HOWEV-
ER,  THAT SUCH TRUSTEES, EXCEPT THE ONE MEMBER ELECTED BY AND FROM AMONG
THE STUDENTS OF THE COLLEGE, HAVE BEEN APPROVED BY THE STATE  UNIVERSITY
OF NEW YORK'S COMMUNITY COLLEGE INDEPENDENT COMMISSION ON LOCAL BOARD OF
TRUSTEES  NOMINATIONS. NO SUCH TRUSTEE, EXCEPT THE ONE MEMBER ELECTED BY
AND FROM AMONG THE STUDENTS OF THE COLLEGE, SHALL BE AN EMPLOYEE OF,  OR
UNDER THE SUPERVISION OF, ANY OF SUCH APPOINTING AUTHORITIES. ONE member
SHALL BE elected by and from among the students of the college who shall
serve  as  a member of the board for a one-year term, provided, however,
that the term of the student member first elected shall be  nine  months
commencing  October  first,  nineteen  hundred seventy-five. The student
member shall be  afforded  the  same  parliamentary  privileges  as  are
conferred upon voting members, including but not limited to the right to
make  and  second motions and to place items on the agenda. Such student
member shall be subject to every provision of any  general,  special  or
local  law, ordinance, charter, code, rule or regulation applying to the
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  profes-
sional activities. The election of the student member shall be conducted
in  accordance  with rules and regulations promulgated by the respective
representative campus student association in accordance with  guidelines
established  by  the  state  university  trustees. In the event that the
student member ceases to be a student at the institution,  he  shall  be
required  to  resign.  The  governor's initial appointments shall be for
terms of two, four, six and eight years respectively and those by  local
authorities  for terms of one, three, five, seven and nine years respec-
tively. Vacancies shall be filled for unexpired terms in the same manner
as original selections by the authority  responsible  for  the  original
selection.  The  board  shall select its own [chairman] CHAIRPERSON from
among its voting membership. Where two or more local  sponsors  join  in
the  establishment  of  a  community  college,  the apportionment of the
appointments among them shall be made by the state university  trustees.
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. Members initially
appointed  or elected under this subdivision to the board of trustees of
any community college hereafter established shall take office immediate-
ly upon their selection and qualification, but for purposes of determin-

S. 4466                            13

ing the expiration of their respective terms and the commencement of the
terms of their successors, the term  of  office  of  each  such  initial
member shall be deemed to have commenced on the first day of July of the
year  in  which such college was established. The terms of office of all
members of the boards  of  trustees  of  community  colleges  heretofore
established, appointed or elected as provided in this subdivision, shall
terminate on the thirtieth day of June of the calendar year within which
such  terms  expire  under  the provisions of this subdivision as hereby
amended. For the purpose of determining such year all initial  terms  of
office  of  appointed  members  of  the  boards of trustees of community
colleges heretofore established shall be deemed to have commenced on the
first day of July of the year in which such  colleges  were  established
and  the  terms  of  their  successors  for full terms, if any, shall be
deemed to have commenced upon the expiration of the number of years from
such date for which such initial appointments were made.
  The one member elected by and from among the students of  the  college
may be removed by such students in accordance with rules and regulations
promulgated  by the respective representative campus student association
in accordance with guidelines promulgated by the state university  trus-
tees. In the case of community colleges in the city of New York the year
in  which  any  such  college  was  established for the purposes of this
subdivision shall mean the year in which it was  or  may  be  determined
that its board of trustees be appointed and serve in the manner provided
by this subdivision.
  The  provisions  of  this  subdivision  shall  not  apply to community
college regional boards of trustees.
  S 10. The education law is amended by adding four new sections 6310-a,
6310-b, 6310-c and 6310-d to read as follows:
  S 6310-A.  ORGANIZATION OF REGIONAL COMMISSIONS. 1. FOR EACH COMMUNITY
COLLEGE REGION AND COMMUNITY COLLEGE SPONSORED BY SUCH REGION, THERE  IS
HEREBY  ESTABLISHED  A  STATE  UNIVERSITY OF NEW YORK REGIONAL COMMUNITY
COLLEGE INDEPENDENT COMMISSION ON LOCAL BOARD OF  TRUSTEES  NOMINATIONS.
EACH  COMMISSION  SHALL  CONSIST OF ELEVEN MEMBERS OF WHOM FOUR SHALL BE
APPOINTED BY THE GOVERNOR,  FIVE  MEMBERS  SHALL  BE  APPOINTED  BY  THE
REGIONAL  APPOINTING AUTHORITY, ONE MEMBER APPOINTED BY THE PRESIDENT OF
THE FACULTY COUNCIL OF COMMUNITY COLLEGES AND ONE MEMBER ELECTED BY  AND
FROM AMONG THE STUDENTS OF THE COLLEGE. OF THE FOUR MEMBERS APPOINTED BY
THE  GOVERNOR,  NO MORE THAN TWO SHALL BE ENROLLED IN THE SAME POLITICAL
PARTY AND TWO OF SUCH MEMBERS SHALL BE GRADUATES OF THE STATE UNIVERSITY
SYSTEM. OF THE FIVE MEMBERS APPOINTED BY THE REGIONAL APPOINTING AUTHOR-
ITY NO MORE THAN THREE SHALL BE ENROLLED IN THE SAME POLITICAL PARTY. NO
MEMBER OF A REGIONAL COMMISSION SHALL HOLD ANY ELECTED PUBLIC OFFICE  OR
OFFICE  IN  ANY  POLITICAL PARTY OR SHALL BE AN EMPLOYEE OF OR UNDER THE
SUPERVISION OF ANY PERSON WHO HOLDS SUCH ELECTED PUBLIC OFFICE OR OFFICE
OF A POLITICAL PARTY. NO MEMBER OF A REGIONAL COMMISSION SHALL SERVE  IN
ANY  PUBLIC OR POLITICAL PARTY. NO MEMBER OF A REGIONAL COMMISSION SHALL
SERVE IN ANY PUBLIC OR POLITICAL OFFICE WITHIN ONE YEAR OF THE  MEMBER'S
PERIOD  OF  SERVICE.    THE MEMBERS OF EACH REGIONAL COMMISSION SHALL BE
RESIDENTS OF THE STATE.
  2. OF THE MEMBERS FIRST APPOINTED BY THE GOVERNOR, TWO  MEMBERS  SHALL
SERVE  A  TWO-YEAR TERM AND TWO MEMBERS SHALL SERVE A THREE-YEAR TERM AS
HE OR SHE SHALL  DESIGNATE.  OF  THE  MEMBERS  FIRST  APPOINTED  BY  THE
REGIONAL  APPOINTING AUTHORITY, TWO MEMBERS SHALL SERVE A TWO-YEAR TERM,
TWO MEMBERS SHALL SERVE A THREE-YEAR TERM AND ONE MEMBER SHALL  SERVE  A
FOUR-YEAR TERM, AS SUCH LOCAL APPOINTING AUTHORITY SHALL DESIGNATE. EACH
SUBSEQUENT  APPOINTMENT  BY  THE  GOVERNOR  AND  THE REGIONAL APPOINTING

S. 4466                            14

AUTHORITY SHALL BE FOR A TERM OF FOUR YEARS. THE MEMBER FIRST  APPOINTED
BY  THE  PRESIDENT  OF  THE  FACULTY COUNCIL OF COMMUNITY COLLEGES SHALL
SERVE A TWO-YEAR TERM. EACH SUBSEQUENT APPOINTMENT BY THE  PRESIDENT  OF
THE  FACULTY  COUNCIL  SHALL  SERVE FOR A TERM OF FOUR YEARS. THE MEMBER
FIRST ELECTED BY AND FROM AMONG THE STUDENTS OF THE COLLEGE SHALL  SERVE
A  ONE-YEAR TERM. EACH SUBSEQUENT TERM FOR THE ELECTED MEMBER SHALL BE A
ONE-YEAR TERM.
  3. A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINTMENT
OR ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR  HER
FOR  APPOINTMENT  TO, OR MEMBERSHIP ON, A REGIONAL COMMISSION. A VACANCY
OCCURRING FOR ANY REASON OTHER THAN  BY  EXPIRATION  OF  TERM  SHALL  BE
FILLED  BY  THE  REGIONAL  APPOINTING AUTHORITY FOR THE REMAINDER OF THE
UNEXPIRED TERM PURSUANT TO THE PROVISIONS OF THIS SECTION.
  4. THE MEMBERS OF EACH REGIONAL COMMISSION SHALL DESIGNATE ONE  MEMBER
TO  SERVE  AS  CHAIRPERSON FOR A PERIOD OF TWO YEARS OR UNTIL HIS OR HER
TERM OF OFFICE EXPIRES, WHICHEVER PERIOD IS SHORTER.
  5. EACH MEMBER OF A REGIONAL COMMISSION SHALL BE ENTITLED  TO  RECEIVE
HIS  OR  HER  ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF
HIS OR HER DUTIES.
  6. SEVEN MEMBERS OF A REGIONAL COMMISSION SHALL CONSTITUTE A QUORUM.
  S 6310-B. FUNCTIONS OF REGIONAL COMMISSIONS. 1. EACH REGIONAL  COMMIS-
SION:
  (A)  SHALL  CONSIDER AND EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR
APPOINTMENT TO THEIR STATE UNIVERSITY REGIONAL COMMUNITY  COLLEGE  LOCAL
BOARD  OF  TRUSTEES  AND,  AS VACANCIES OCCUR ON A REGIONAL LOCAL BOARD,
SHALL RECOMMEND  TO  THE  GOVERNOR  AND  REGIONAL  APPOINTING  AUTHORITY
PERSONS  WHO  BY THEIR CHARACTER, TEMPERAMENT, PROFESSIONAL APTITUDE AND
EXPERIENCE ARE WELL QUALIFIED TO BE A MEMBER OF  SUCH  STATE  UNIVERSITY
REGIONAL  COMMUNITY COLLEGE LOCAL BOARD OF TRUSTEES. SUCH QUALIFICATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO: (1) A BACCALAUREATE DEGREE AS  THE
MINIMUM  EDUCATIONAL  CRITERIA;  (2)  FAMILIARITY WITH ADDRESSING POLICY
ISSUES IN A UNIONIZED ENVIRONMENT; (3) UNDERSTANDING  OF  PUBLIC  SECTOR
INTERGOVERNMENTAL  RELATIONS  AS  THEY RELATE TO HIGHER EDUCATION INSTI-
TUTIONS; (4) UNDERSTANDING OF AND FAMILIARITY WITH THE KINDS  OF  ISSUES
ARISING  IN  LARGE  COMPLEX  ORGANIZATIONS;  (5) CURRENT INTEREST IN THE
INSTITUTION; (6) A COMMITMENT TO PUBLIC HIGHER EDUCATION; (7) A  GENERAL
BACKGROUND THAT WOULD ALLOW THEM TO MAKE DECISIONS IN THE BEST INTERESTS
OF  THE INSTITUTION; (8) AN ABILITY TO RECOGNIZE THE SOMETIMES AMBIGUOUS
DISTINCTION BETWEEN MANAGEMENT AND GOVERNANCE; AND  (9)  AN  ACTUAL  AND
PERCEIVED  INDEPENDENCE FROM POLITICAL INTERFERENCE IN THE GOVERNANCE OF
THE INSTITUTION.
  (B) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
FIED FOR APPOINTMENT TO A STATE UNIVERSITY  REGIONAL  COMMUNITY  COLLEGE
LOCAL  BOARD  OF TRUSTEES, OTHER THAN THOSE WHO HAVE REQUESTED CONSIDER-
ATION OR WHO HAVE BEEN RECOMMENDED  FOR  CONSIDERATION  BY  OTHERS,  ARE
ENCOURAGED TO AGREE TO BE CONSIDERED BY THE REGIONAL COMMISSION.
  (C)  REQUIRE  THE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS OR OTHER
EVIDENCE THAT IT MAY DEEM RELEVANT OR  MATERIAL  TO  ITS  EVALUATION  OF
CANDIDATES.
  (D)  REQUIRE  FROM  ANY  COURT,  DEPARTMENT,  DIVISION, BOARD, BUREAU,
COMMISSION, OR OTHER AGENCY OF THE STATE, LOCAL  GOVERNMENT  OR  MUNICI-
PALITY,  OR  POLITICAL  SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY SUCH
ASSISTANCE, INFORMATION AND DATA, AS WILL ENABLE IT PROPERLY TO EVALUATE
THE QUALIFICATIONS OF CANDIDATES.
  (E) REQUIRE THE APPEARANCE OF ANY CANDIDATE BEFORE  IT  AND  INTERVIEW
ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.

S. 4466                            15

  (F) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
CANDIDATE  WHOM  IT HAS RECOMMENDED TO THE GOVERNOR AND COMMUNICATE WITH
THE SENATE CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE  APPOINTED  BY
THE GOVERNOR.
  (G)  COMMUNICATE WITH THE REGIONAL APPOINTING AUTHORITY CONCERNING THE
QUALIFICATIONS OF ANY CANDIDATE WHOM IT HAS RECOMMENDED TO THE  REGIONAL
APPOINTING AUTHORITY.
  (H)  DO  ALL  OTHER  THINGS  NECESSARY AND CONVENIENT TO CARRY OUT ITS
FUNCTIONS PURSUANT TO THIS ARTICLE.
  2. A RECOMMENDATION TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF A
QUORUM OF A REGIONAL COMMISSION. THE  RECOMMENDATIONS  TO  THE  GOVERNOR
SHALL  BE  TRANSMITTED TO THE GOVERNOR IN A SINGLE WRITTEN REPORT, WHICH
SHALL BE RELEASED TO THE PUBLIC BY THE COMMISSION  AT  THE  TIME  IT  IS
SUBMITTED  TO  THE GOVERNOR. THE REPORT SHALL BE IN WRITING, SIGNED ONLY
BY THE CHAIRPERSON, AND SHALL INCLUDE THE COMMISSION'S FINDINGS RELATING
TO THE CHARACTER, TEMPERAMENT, PROFESSIONAL APTITUDE, EXPERIENCE, QUALI-
FICATIONS AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE GOVER-
NOR.
  3. A RECOMMENDATION TO A REGIONAL APPOINTING AUTHORITY  SHALL  REQUIRE
THE CONCURRENCE OF A QUORUM OF A REGIONAL COMMISSION. RECOMMENDATIONS TO
A  REGIONAL  APPOINTING  AUTHORITY  SHALL BE TRANSMITTED TO THE REGIONAL
APPOINTING AUTHORITY IN A SINGLE WRITTEN REPORT, WHICH SHALL BE RELEASED
TO THE PUBLIC BY THE REGIONAL COMMISSION AT THE TIME IT IS SUBMITTED  TO
THE  REGIONAL  APPOINTING  AUTHORITY.  THE  REPORT  SHALL BE IN WRITING,
SIGNED ONLY BY THE CHAIRPERSON, AND SHALL INCLUDE THE  REGIONAL  COMMIS-
SION'S  FINDINGS  RELATING  TO  THE CHARACTER, TEMPERAMENT, PROFESSIONAL
APTITUDE, EXPERIENCE, QUALIFICATIONS AND FITNESS OF EACH  CANDIDATE  WHO
IS RECOMMENDED TO A REGIONAL APPOINTING AUTHORITY.
  4.  NO  PERSON  SHALL  BE  RECOMMENDED  TO  THE GOVERNOR OR A REGIONAL
APPOINTING AUTHORITY WHO HAS NOT CONSENTED TO BE A  CANDIDATE,  WHO  HAS
NOT  BEEN  PERSONALLY  INTERVIEWED  BY  A  QUORUM OF THE MEMBERSHIP OF A
REGIONAL COMMISSION AS  PROVIDED  FOR  BY  SUBDIVISION  SIX  OF  SECTION
SIXTY-THREE  HUNDRED  TEN-A  OF  THIS  ARTICLE,  AND WHO HAS NOT FILED A
FINANCIAL STATEMENT  WITH  A  REGIONAL  COMMISSION,  ON  A  FORM  TO  BE
PRESCRIBED  BY  THE  REGIONAL  COMMISSION. THE FINANCIAL STATEMENT SHALL
CONSIST OF A SWORN STATEMENT OF THE CANDIDATE'S ASSETS, LIABILITIES  AND
SOURCES OF INCOME, AND ANY OTHER RELEVANT FINANCIAL INFORMATION, WHICH A
REGIONAL COMMISSION MAY REQUIRE. EACH REGIONAL COMMISSION SHALL TRANSMIT
TO  THE  GOVERNOR THE FINANCIAL STATEMENT FILED BY EACH CANDIDATE WHO IS
RECOMMENDED TO THE GOVERNOR.  THE GOVERNOR SHALL MAKE AVAILABLE  TO  THE
PUBLIC  THE  FINANCIAL STATEMENT FILED BY THE CANDIDATE WHO IS APPOINTED
TO FILL A VACANCY. THE FINANCIAL STATEMENTS FILED BY  ALL  OTHER  CANDI-
DATES RECOMMENDED TO THE GOVERNOR, BUT NOT APPOINTED BY HIM OR HER SHALL
BE  CONFIDENTIAL. THE REGIONAL COMMISSION SHALL TRANSMIT TO THE REGIONAL
APPOINTING AUTHORITY THE FINANCIAL STATEMENT FILED BY EACH CANDIDATE WHO
IS RECOMMENDED  TO  THE  REGIONAL  APPOINTING  AUTHORITY.  THE  REGIONAL
APPOINTING  AUTHORITY  SHALL  MAKE AVAILABLE TO THE PUBLIC THE FINANCIAL
STATEMENT FILED BY THE CANDIDATE WHO IS APPOINTED TO FILL A VACANCY. THE
FINANCIAL STATEMENTS FILED BY ALL OTHER CANDIDATES  RECOMMENDED  TO  THE
REGIONAL  APPOINTING  AUTHORITY,  BUT  NOT  APPOINTED BY SUCH AUTHORITY,
SHALL BE CONFIDENTIAL.
  S 6310-C. RULES OF REGIONAL COMMISSIONS. 1. EACH  REGIONAL  COMMISSION
SHALL  ADOPT, AND MAY AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT
WITH LAW.
  2. RULES OF EACH REGIONAL COMMISSION SHALL BE FILED WITH THE  CHANCEL-
LOR  OF  THE  STATE UNIVERSITY OF NEW YORK AND SHALL BE PUBLISHED IN THE

S. 4466                            16

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE.  UPON
REQUEST  OF  ANY  PERSON,  THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
YORK SHALL FURNISH A COPY OF ANY  REGIONAL  COMMISSION'S  RULES  WITHOUT
CHARGE.
  3. RULES OF EACH REGIONAL COMMISSION MAY PRESCRIBE FORMS AND QUESTION-
NAIRES  TO  BE  COMPLETED  AND,  IF REQUIRED BY ANY REGIONAL COMMISSION,
VERIFIED BY CANDIDATES.
  4. RULES OF EACH REGIONAL  COMMISSION  SHALL  PROVIDE  THAT  UPON  THE
COMPLETION  BY  THE  REGIONAL COMMISSION OF ITS CONSIDERATION AND EVALU-
ATION OF THE QUALIFICATIONS OF A CANDIDATE, THERE SHALL BE NO  RECONSID-
ERATION  OF  SUCH  CANDIDATE  FOR  THE  VACANCY  FOR WHICH HE OR SHE WAS
CONSIDERED, EXCEPT WITH THE CONCURRENCE OF  A  QUORUM  OF  THE  REGIONAL
COMMISSION.
  S  6310-D. CONFIDENTIALITY OF PROCEEDINGS AND RECORDS. 1. ALL COMMUNI-
CATIONS TO EACH REGIONAL COMMISSION,  AND  THEIR  PROCEEDINGS,  AND  ALL
APPLICATIONS,  CORRESPONDENCE,  INTERVIEWS, TRANSCRIPTS, REPORTS AND ALL
OTHER PAPERS, FILES AND RECORDS OF EACH  REGIONAL  COMMISSION  SHALL  BE
CONFIDENTIAL  AND PRIVILEGED AND, EXCEPT FOR THE PURPOSES OF ARTICLE TWO
HUNDRED TEN OF THE PENAL LAW, SHALL NOT BE MADE AVAILABLE TO ANY  PERSON
EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE.
  2. THE GOVERNOR SHALL HAVE ACCESS TO ALL PAPERS AND INFORMATION RELAT-
ING TO CANDIDATES RECOMMENDED TO HIM OR HER BY EACH REGIONAL COMMISSION.
A  REGIONAL  APPOINTING  AUTHORITY  SHALL  HAVE ACCESS TO ALL PAPERS AND
INFORMATION RELATING TO CANDIDATES  RECOMMENDED  TO  IT  BY  A  REGIONAL
COMMISSION. ALL INFORMATION THAT IS NOT PUBLICLY DISCLOSED IN ACCORDANCE
WITH  SUBDIVISIONS  TWO,  THREE  AND FOUR OF SECTION SIXTY-THREE HUNDRED
TEN-B OF THIS ARTICLE, SHALL REMAIN CONFIDENTIAL AND PRIVILEGED,  EXCEPT
FOR THE PURPOSES OF ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
  3.  THE MEMBERS OF EACH REGIONAL COMMISSION SHALL NOT PUBLICLY DIVULGE
THE NAMES OF, OR ANY INFORMATION CONCERNING,  ANY  CANDIDATE  EXCEPT  AS
OTHERWISE PROVIDED IN THIS ARTICLE.
  S  11.  Subdivision 1 of section 6310 of the education law, as amended
by chapter 268 of the laws of 2003, is amended to read as follows:
  1. Each community college region and community  college  sponsored  by
such region shall be administered by a single board of trustees of four-
teen  members,  thirteen  of  whom shall be appointed for terms of seven
years, as set forth in this subdivision, and one member elected as here-
in provided, except that initial appointments shall be made for terms of
one to nine years respectively. Seven members shall be appointed by  the
local legislative bodies or boards of those counties eligible to appoint
members  to  the community college regional board of trustees; PROVIDED,
HOWEVER, THAT SUCH TRUSTEES, EXCEPT THE ONE MEMBER ELECTED BY  AND  FROM
AMONG THE STUDENTS OF THE COLLEGE, HAVE BEEN RECOMMENDED AND APPROVED BY
THE  STATE  UNIVERSITY  OF NEW YORK'S REGIONAL INDEPENDENT COMMISSION ON
LOCAL BOARD OF TRUSTEES NOMINATIONS. NO SUCH  TRUSTEE,  EXCEPT  THE  ONE
MEMBER  ELECTED  BY AND FROM AMONG THE STUDENTS OF THE COLLEGE, SHALL BE
AN EMPLOYEE OF, OR UNDER THE SUPERVISION OF SUCH APPOINTING AUTHORITIES.
[The seven locally appointed members  of  such  board  may  include  one
member  from the local legislative body or board of each county eligible
to appoint members to the community college regional board of trustees.]
Membership in a community college regional board of  trustees  shall  be
apportioned among the counties participating in such board in accordance
with  the  number of full-time equivalent students attending a community
college sponsored by such  regional  board  who  are  residents  of  the
respective  participating  counties, and in accordance with such further
regulations as may be prescribed by the state university  trustees.  Six

S. 4466                            17

members shall be appointed by the governor [and one]; PROVIDED, HOWEVER,
THAT  SUCH TRUSTEES, EXCEPT THE ONE MEMBER ELECTED BY AND FROM AMONG THE
STUDENTS OF THE COLLEGE, HAVE BEEN APPROVED BY THE STATE  UNIVERSITY  OF
NEW  YORK'S  REGIONAL  COMMUNITY COLLEGE INDEPENDENT COMMISSION ON LOCAL
BOARD OF TRUSTEES NOMINATIONS. NO SUCH TRUSTEE, EXCEPT  THE  ONE  MEMBER
ELECTED  BY  AND  FROM  AMONG  THE  STUDENTS OF THE COLLEGE, SHALL BE AN
EMPLOYEE OF, OR UNDER THE SUPERVISION OF, ANY OF SUCH APPOINTING AUTHOR-
ITIES. ONE member SHALL BE elected by and from among the students of the
college who shall serve as a member of the board for  a  one-year  term,
provided,  however,  that  the  term of the student member first elected
shall be nine months commencing October first, nineteen hundred  eighty-
four. The student member shall be afforded the same parliamentary privi-
leges  as  are  conferred upon members, including but not limited to the
right to make and second motions and to place items on the agenda.  Such
student  member  shall  be  subject  to  every provision of any general,
special or local law,  ordinance,  charter,  code,  rule  or  regulation
applying  to  the 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. The election of the student member shall be
conducted in accordance with rules and regulations  promulgated  by  the
respective  representative campus student association in accordance with
guidelines established by the state university trustees.  In  the  event
that  the  student  member ceases to be a student at the institution, he
shall be required to resign. The governor's initial  appointments  shall
be  as  follows: (a) two individuals shall be appointed for terms of two
and four years respectively; (b) two individuals for terms of six  years
and  two  individuals  for  terms  of eight years. Appointments by local
authorities shall be as follows: (a) three individuals for terms of one,
three and five years, respectively; (b) two  individuals  for  terms  of
seven  years,  and  two  individuals  for terms of nine years. Vacancies
shall be filled for unexpired terms  in  the  same  manner  as  original
selections  by the authority responsible for the original selection. The
board shall select its own [chairman] CHAIRPERSON from among its  voting
membership.  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.
Members initially appointed or elected under  this  subdivision  to  any
community college regional board of trustees hereafter established shall
take  office immediately upon their selection and qualification, but for
purposes of determining the expiration of their respective terms and the
commencement of the terms of their successors, the  term  of  office  of
each  such initial member shall be deemed to have commenced on the first
day of July of the year in which such college was established. The terms
of office of all members of community college regional boards  of  trus-
tees  heretofore  established,  appointed or elected as provided in this
subdivision, shall terminate on the thirtieth day of June of the  calen-
dar  year  within  which  such terms expire under the provisions of this
subdivision as hereby amended. For the purpose of determining such  year
all  initial  terms  of  office  of  appointed  members of the community
college regional board  of  trustees  heretofore  established  shall  be
deemed  to  have commenced on the first day of July of the year in which
such community college regions were established and the terms  of  their
successors  for  full  terms,  if any, shall be deemed to have commenced
upon the expiration of the number of years from such date for which such
initial appointments were made.

S. 4466                            18

  The one member elected by and from among the students of  the  college
may be removed by such students in accordance with rules and regulations
promulgated  by the respective representative campus student association
in accordance with guidelines promulgated by the state university  trus-
tees.
  S  12.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law and shall apply to appointments made on
or after such effective date.