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

                                 9844--A

                          I N  A S S E M B L Y

                            February 3, 2010
                               ___________

Introduced  by  M. of A. GLICK, LUPARDO, JAFFEE, PEOPLES-STOKES, CASTRO,
  N. RIVERA, STIRPE, ENGLEBRIGHT, MAISEL, KAVANAGH,  O'DONNELL,  JACOBS,
  ROSENTHAL -- Multi-Sponsored by -- M. of A. BARRON, BRENNAN, CHRISTEN-
  SEN,  COLTON,  CRESPO, DelMONTE, DUPREY, ERRIGO, ESPAILLAT, GABRYSZAK,
  GALEF, GIBSON, GOTTFRIED, GUNTHER, HEVESI, HIKIND, HYER-SPENCER, LANC-
  MAN, MARKEY, MAYERSOHN, McDONOUGH,  McKEVITT,  MENG,  MILLMAN,  NOLAN,
  PHEFFER,  QUINN,  REILLY,  SAYWARD, SKARTADOS, SPANO, SWEENEY, THIELE,
  TOWNSEND, WEISENBERG, ZEBROWSKI --  read  once  and  referred  to  the
  Committee  on  Higher Education -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to requiring the board of
  trustees of SUNY, CUNY and HESC to make publicly available agendas and
  subsequent meeting records

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

  Section  1.  Subdivisions 2 and 4 of section 353 of the education law,
as amended by chapter 552 of the laws of 1985, are amended  to  read  as
follows:
  2. A. The board may provide for regular meetings, and the chairman, or
the  vice-chairman,  or  any  eight members by petition, may at any time
call a special meeting of the board of trustees and  fix  the  time  and
place therefor; and at least seven days notice of every meeting shall be
mailed  to  the  usual  address  of  each trustee, unless such notice be
waived by a majority of the board. Resolutions for the consideration  of
the  board of trustees must be mailed to the usual address of each trus-
tee no less than seven days prior to a meeting, unless the  chair  shall
make  available  in  writing  on  the day of the meeting the facts which
necessitate an immediate vote. [The agendas for such meetings  shall  be
available  three  days  prior  to  the  meetings and shall be considered
public records.] Eight trustees attending shall  be  a  quorum  for  the
transaction  of business and, unless a greater number is required by the
by-laws, the act of a majority of the members  present  at  any  meeting
shall  be the act of the board. The board shall hold at least two public
hearings each year. One public hearing shall be held during  the  spring

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

                                                           LBD11997-07-0

A. 9844--A                          2

semester  and one public hearing shall be held in the fall semester. The
purpose of such hearings shall be to receive  testimony  and  statements
from  concerned individuals about university issues. The board shall fix
the  time,  place,  duration  and format of each hearing. At least three
members of the board shall attend each hearing.  At  least  thirty  days
notice of the hearing shall be given by the chairman of the board to all
members  of  the board, to all presidents of state operated campuses, to
the chair of faculty-senate bodies of state operated  campuses,  to  all
student  government presidents of state operated campuses, to the certi-
fied or recognized employee organizations representing employees of  the
state  university  and  to the media. Such notice shall contain the time
and place of the public hearing.
  B. THE AGENDA FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES  SHALL  BE
ELECTRONICALLY  AVAILABLE  ON  THE  STATE UNIVERSITY OF NEW YORK WEBSITE
THREE DAYS PRIOR TO THE MEETINGS UNLESS AN EXECUTIVE  COMMITTEE  MEETING
HAS  BEEN  CALLED IN WHICH AN AGENDA MUST BE AVAILABLE TWENTY-FOUR HOURS
IN ADVANCE, AND SHALL BE CONSIDERED A PUBLIC RECORD. A SUMMARY OF RESOL-
UTIONS AND BOARD ACTIONS FOR ANY SUCH MEETING OF THE BOARD  OF  TRUSTEES
SHALL  BE  ELECTRONICALLY  AVAILABLE ON THE STATE UNIVERSITY OF NEW YORK
WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEETING AND SHALL BE  CONSID-
ERED  A  PUBLIC RECORD.  THE APPROVED MINUTES, ATTENDANCE, VOTING RECORD
AND EITHER TRANSCRIPTS OR VIDEO RECORD FOR  ANY  SUCH  MEETING  MUST  BE
POSTED NO LATER THAN SEVEN DAYS FOLLOWING THEIR APPROVAL BY THE BOARD OR
EXECUTIVE  COMMITTEE.  INFORMATION POSTED ON THE STATE UNIVERSITY OF NEW
YORK WEBSITE REGARDING BOARD OF TRUSTEE MEETINGS  SHALL  REMAIN  ON  THE
SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS.
  C.  ANY  SUCH  MEETING  OF THE BOARD OF TRUSTEES SHALL BE CONDUCTED IN
ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  4. A. The board may elect an executive committee of not less than five
members, who, in intervals between meetings of the  board  may  transact
such business of the state university as the board may from time to time
authorize,  except to grant degrees or to make removals from office. The
student member of the board shall be  a  member  of  such  committee.  A
majority  of  the whole of the executive committee, but in any event not
less than four members, attending shall be a quorum for the  transaction
of  business  and  the act of a majority of the members of the executive
committee present at any meeting  thereof  shall  be  the  act  of  such
committee.
  B. THE AGENDA FOR ANY MEETING OF ANY COMMITTEE AND SUBCOMMITTEE OF THE
BOARD OF TRUSTEES SHALL BE AVAILABLE ELECTRONICALLY ON THE STATE UNIVER-
SITY OF NEW YORK WEBSITE THREE DAYS PRIOR TO THE MEETING UNLESS AN EXEC-
UTIVE COMMITTEE MEETING HAS BEEN CALLED, IN WHICH CASE AN AGENDA MUST BE
AVAILABLE TWENTY-FOUR HOURS IN ADVANCE, AND SHALL BE CONSIDERED A PUBLIC
RECORD. A SUMMARY OF RESOLUTIONS AND ACTIONS BY THE COMMITTEE OR SUBCOM-
MITTEE  FOR  ANY  SUCH  MEETING SHALL BE ELECTRONICALLY AVAILABLE ON THE
STATE UNIVERSITY OF NEW YORK WEBSITE NO LATER THAN SEVEN DAYS AFTER  THE
MEETING  AND  SHALL BE CONSIDERED A PUBLIC RECORD. THE APPROVED MINUTES,
ATTENDANCE, VOTING RECORD, AND EITHER TRANSCRIPTS OR VIDEO  RECORD,  FOR
ANY  SUCH  MEETING MUST BE POSTED NO LATER THAN SEVEN DAYS FOLLOWING THE
APPROVAL BY THE BOARD, COMMITTEE OR SUBCOMMITTEE. INFORMATION POSTED  ON
THE  STATE  UNIVERSITY OF NEW YORK WEBSITE REGARDING SUCH MEETINGS SHALL
REMAIN ON THE SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS.
  C. ANY SUCH MEETING OF A COMMITTEE OR SUBCOMMITTEE  OF  THE  BOARD  OF
TRUSTEES  SHALL  BE  CONDUCTED  IN  ACCORDANCE WITH ARTICLE SEVEN OF THE
PUBLIC OFFICERS LAW.

A. 9844--A                          3

  S 2. Subdivision 3 of section 6204 of the education law, as  added  by
chapter 305 of the laws of 1979, paragraph (a) as amended by chapter 552
of  the  laws of 1985 and paragraph (c) as amended by chapter 317 of the
laws of 1980, is amended to read as follows:
  3.  Meetings of the board of trustees. (a) The by-laws of the board of
trustees shall provide for regular meetings. At least seven days  notice
of every regular meeting and a copy of the agenda for that meeting shall
be  mailed  to  the  usual  address of each trustee. Resolutions for the
consideration of the board of trustees  must  be  mailed  to  the  usual
address  of  each  trustee  no  less than seven days prior to a meeting,
unless the chair shall make available in writing on the day of the meet-
ing the facts which necessitate an immediate vote. The agendas for  such
meetings shall be available ELECTRONICALLY ON THE CITY UNIVERSITY OF NEW
YORK  WEBSITE  three  days  prior  to  the  meetings UNLESS AN EXECUTIVE
COMMITTEE MEETING HAS BEEN CALLED IN WHICH AN AGENDA MUST  BE  AVAILABLE
TWENTY-FOUR HOURS IN ADVANCE, and shall be considered public records.  A
SUMMARY  OF  RESOLUTIONS  AND  BOARD ACTIONS FOR ANY SUCH MEETING OF THE
BOARD OF TRUSTEES SHALL BE ELECTRONICALLY AVAILABLE ON THE CITY  UNIVER-
SITY  OF NEW YORK WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEETING AND
SHALL BE CONSIDERED PUBLIC RECORDS.  THE APPROVED  MINUTES,  ATTENDANCE,
VOTING RECORD, AND EITHER TRANSCRIPTS OR VIDEO RECORD FOR ANY SUCH MEET-
ING  MUST BE POSTED NO LATER THAN SEVEN DAYS FOLLOWING THEIR APPROVAL BY
THE BOARD.   INFORMATION POSTED ON  THE  CITY  UNIVERSITY  OF  NEW  YORK
WEBSITE  REGARDING BOARD OF TRUSTEE MEETINGS SHALL REMAIN ON THE SITE AS
ARCHIVED DATA FOR A MINIMUM OF TEN YEARS. All meetings shall be held  in
accordance with article seven of the public officers law.
  (b)  The chairperson, the vice chairperson or any five trustees acting
by petition, may at any time call a special  meeting  of  the  board  of
trustees and fix the time and place therefor. Each trustee shall receive
telephonic  or  written  notice of a special meeting at least [two days]
TWENTY-FOUR HOURS prior to the special meeting.    AN  AGENDA  FOR  SUCH
MEETING,  INCLUDING  MEETINGS  OF ANY COMMITTEES AND SUBCOMMITTEES UNDER
THE PURVIEW OF THE BOARD OF TRUSTEES, SHALL BE AVAILABLE  ELECTRONICALLY
ON  THE  CITY  UNIVERSITY OF NEW YORK WEBSITE TWENTY-FOUR HOURS PRIOR TO
THE SPECIAL MEETING OF THE  BOARD  AND  SHALL  BE  CONSIDERED  A  PUBLIC
RECORD.  A SUMMARY OF RESOLUTIONS AND BOARD ACTIONS FOR ANY SUCH MEETING
OF THE BOARD OF TRUSTEES SHALL BE ELECTRONICALLY AVAILABLE ON  THE  CITY
UNIVERSITY  OF NEW YORK WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEET-
ING AND SHALL BE CONSIDERED A PUBLIC  RECORD.    THE  APPROVED  MINUTES,
ATTENDANCE,  VOTING  RECORD,  AND EITHER TRANSCRIPTS OR VIDEO RECORD FOR
ANY SUCH MEETING MUST BE POSTED NO LATER THAN SEVEN DAYS FOLLOWING THEIR
APPROVAL BY THE BOARD.  INFORMATION POSTED ON THE CITY UNIVERSITY OF NEW
YORK WEBSITE REGARDING BOARD OF TRUSTEE MEETINGS  SHALL  REMAIN  ON  THE
SITE  AS  ARCHIVED  DATA FOR A MINIMUM OF TEN YEARS. ANY SUCH MEETING OF
THE BOARD OF TRUSTEES SHALL BE  CONDUCTED  IN  ACCORDANCE  WITH  ARTICLE
SEVEN OF THE PUBLIC OFFICERS LAW.
  (c) [The notice provisions of paragraphs (a) and (b) hereof may in any
instance  be  waived by written waiver of at least twelve voting members
of the board of trustees.
  (d)] Nine trustees attending a meeting shall constitute a  quorum  for
the transaction of business by the board of trustees.
  [(e)]  (D)  (i)  The  board of trustees shall hold at least one public
hearing each year in each of the five boroughs of the city of New  York.
The purpose of such hearing shall be to receive testimony and statements
from concerned individuals about university issues.

A. 9844--A                          4

  (ii)  The  board  of  trustees shall fix the time, place, duration and
format of each hearing.
  (iii) At least thirty days notice of the hearing shall be given by the
chairperson  of  the  board  of  trustees to all of the trustees, to all
presidents of educational units, to the chair of  faculty-senate  bodies
of  educational  units,  to  all student government presidents of educa-
tional units, to the borough president, the members of the city council,
the members of the board of estimate, the local community boards of  the
borough  where  the  hearing is to be held and to the media.  The notice
shall contain the time, place and date of  the  public  hearing.    SUCH
INFORMATION SHALL BE MADE ELECTRONICALLY AVAILABLE ON THE CITY UNIVERSI-
TY  OF NEW YORK WEBSITE. ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL
BE CONDUCTED IN ACCORDANCE WITH ARTICLE SEVEN  OF  THE  PUBLIC  OFFICERS
LAW.
  (iv) At least three trustees shall attend each hearing.
  S  3.  Subdivision  7 of section 652 of the education law, as added by
chapter 942 of the laws of 1974, is amended to read as follows:
  7. A. The board of trustees shall provide for the holding  of  regular
meetings  and  such special meetings at the call of the chairman, as may
be necessary. A majority of the trustees shall constitute a  quorum  for
the transaction of any business and the act of the majority of the trus-
tees present at any meeting shall be deemed the act of the board.
  B.   THE AGENDA FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE
AVAILABLE ELECTRONICALLY ON THE HIGHER  EDUCATION  SERVICES  CORPORATION
WEBSITE  THREE  DAYS  PRIOR  TO  THE  MEETINGS AND SHALL BE CONSIDERED A
PUBLIC RECORD. THE ATTENDANCE, MINUTES, VOTING RECORD, AND EITHER  TRAN-
SCRIPTS  OR  VIDEO RECORD, FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES
SHALL BE ELECTRONICALLY  AVAILABLE  ON  THE  HIGHER  EDUCATION  SERVICES
CORPORATION WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEETING AND SHALL
BE CONSIDERED PUBLIC RECORDS. INFORMATION POSTED ON THE HIGHER EDUCATION
SERVICES  CORPORATION  WEBSITE REGARDING BOARD OF TRUSTEE MEETINGS SHALL
REMAIN ON THE SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS.
  C. ANY SUCH MEETING OF THE BOARD OF TRUSTEES  SHALL  BE  CONDUCTED  IN
ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  S 4. This act shall take effect immediately.