S T A T E   O F   N E W   Y O R K
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                                  5373

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced  by  M. of A. LIFTON, DINOWITZ -- Multi-Sponsored by -- M. of
  A. CAHILL, CYMBROWITZ, GLICK, HOOPER, PEOPLES-STOKES -- 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:

  Section 1. Section 353 of the education law is amended by adding a new
subdivision 5 to read as follows:
  5. EVERY MEMBER OF THE BOARD  OF  TRUSTEES  OF  THE  STATE  UNIVERSITY
SHALL, UPON INITIAL APPOINTMENT TO SUCH OFFICE, COMPLETE THE ORIENTATION
PROGRAM  ESTABLISHED  PURSUANT  TO  SUBDIVISION FOUR OF SECTION THIRTEEN
HUNDRED FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD  OF
TRUSTEES  OF  THE  STATE  UNIVERSITY  SHALL  COMPLETE  THE COMPREHENSIVE
CONTINUING EDUCATION PROGRAM, ESTABLISHED PURSUANT TO  SUBDIVISION  FIVE
OF SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN ACCORDANCE WITH THE
RULES  AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES
NOMINATIONS.
  S 2. The education law is amended by adding a new article 25  to  read
as follows:
                                ARTICLE 25
                    COMMITTEE ON UNIVERSITY BOARDS OF
                          TRUSTEES NOMINATIONS
SECTION 1301. LEGISLATIVE INTENT.
        1302. DEFINITIONS.
        1303.  COMMITTEE  ON  UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS;
               ESTABLISHED.
        1304. POWERS AND DUTIES.
        1305. RECOMMENDATIONS.
        1306. CANDIDATE QUALIFICATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01962-01-5
              

A. 5373                             2

        1307. SUPPORT SERVICES.
        1308. CONFLICT OF INTEREST.
  S  1301.  LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY FINDS THAT THERE
HAS BEEN A NATIONWIDE TREND OF DECLINING  QUALITY  OF  THE  TRUSTEES  OF
PUBLIC  INSTITUTIONS  OF  HIGHER  EDUCATION.  SEVERAL  STATES HAVE TAKEN
LEGISLATIVE OR EXECUTIVE ACTION TO ASSURE HIGHLY QUALIFIED  APPOINTMENTS
TO  THE  BOARDS OF TRUSTEES FOR THEIR RESPECTIVE PUBLIC UNIVERSITIES AND
COLLEGES. SEVERAL STATES HAVE INITIATED EDUCATIONAL PROGRAMS  FOR  THEIR
TRUSTEES  BOTH  FOR  ORIENTATION  AND  CONTINUING EDUCATION. IN ORDER TO
ASSURE THE CONTINUED SUCCESS AND  HIGHEST  STANDARDS  OF  PUBLIC  HIGHER
EDUCATION  IN  THE STATE OF NEW YORK, THE LEGISLATURE HEREBY ESTABLISHES
THE COMMITTEE ON BOARDS  OF  TRUSTEES  NOMINATIONS,  AND  ESTABLISHES  A
MANDATORY  ORIENTATION  AND CONTINUING EDUCATION REQUIREMENT FOR MEMBERS
OF THE BOARD OF TRUSTEES OF THE  STATE  UNIVERSITY  OF  NEW  YORK,  CITY
UNIVERSITY  OF  NEW  YORK  AND  THE COLLEGE OF ENVIRONMENTAL SCIENCE AND
FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
  S 1302. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "CITY UNIVERSITY" SHALL MEAN THE CITY UNIVERSITY OF NEW YORK.
  2. "COLLEGE" SHALL MEAN  THE  COLLEGE  OF  ENVIRONMENTAL  SCIENCE  AND
FORESTRY OF THE STATE UNIVERSITY OF NEW YORK.
  3.  "COMMITTEE" SHALL MEAN THE COMMITTEE ON UNIVERSITY BOARDS OF TRUS-
TEES NOMINATIONS.
  S 1303. COMMITTEE ON UNIVERSITY BOARDS OF TRUSTEES NOMINATIONS; ESTAB-
LISHED. 1. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT  THE  COMMITTEE
ON  UNIVERSITY  BOARDS  OF  TRUSTEES  NOMINATIONS.  THE  COMMITTEE SHALL
CONSIST OF TWELVE MEMBERS  EACH  APPOINTED  FOR  A  TERM  OF  SIX  YEARS
COMMENCING  ON THE FIRST DAY OF DECEMBER. THE MEMBERS SHALL BE APPOINTED
AS FOLLOWS:
  A. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  B. THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF  THE
SENATE;
  C. THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  D. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
AND
  E.  ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
THE  MEMBERS OF THE COMMITTEE WHOSE TERMS COMMENCE ON THE EFFECTIVE DATE
OF THIS ARTICLE SHALL BE APPOINTED FOR THE FOLLOWING TERMS:
  A. TWO YEARS: ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
SENATE,  ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER
APPOINTED BY THE MINORITY LEADER OF THE SENATE AND ONE MEMBER  APPOINTED
BY THE MINORITY LEADER OF THE ASSEMBLY;
  B.  FOUR  YEARS:  TWO  MEMBERS  APPOINTED  BY THE GOVERNOR, ONE MEMBER
APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  ONE  MEMBER
APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND
  C.  SIX  YEARS:  TWO  MEMBERS  APPOINTED  BY  THE GOVERNOR, ONE MEMBER
APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  ONE  MEMBER
APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  3.  THE TERMS OF ALL MEMBERS OF THE COMMITTEE SHALL END ON THE THIRTI-
ETH DAY OF NOVEMBER IN THE YEAR THE  MEMBER'S  TERM  EXPIRES.  ALL  SUCH
MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSOR IS APPOINTED
AND QUALIFIED. VACANCIES, OCCURRING OTHER THAN BY EXPIRATION OF THE TERM
OF  A  MEMBER OF THE COMMITTEE, SHALL BE FILLED FOR THE REMAINDER OF THE
UNEXPIRED TERM. THE MEMBERS OF THE COMMITTEE MAY BE REMOVED FROM  OFFICE
PURSUANT TO ARTICLE THREE OF THE PUBLIC OFFICERS LAW.

A. 5373                             3

  4.  THE  MEMBERS  OF  THE  COMMITTEE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  S  1304.    POWERS  AND DUTIES. THE COMMITTEE SHALL HAVE THE FOLLOWING
POWERS AND DUTIES:
  1. TO ESTABLISH ADDITIONAL QUALIFICATION CRITERIA FOR  CANDIDATES  FOR
THE  BOARDS  OF  TRUSTEES  OF  THE STATE UNIVERSITY, CITY UNIVERSITY AND
COLLEGE;
  2. DEVELOP A STATEMENT OF ALL CRITERIA TO BE APPLIED AND A DESCRIPTION
OF THE RESPONSIBILITIES AND DUTIES OF MEMBERS OF THE BOARDS OF  TRUSTEES
OF  THE  STATE  UNIVERSITY,  CITY UNIVERSITY AND COLLEGE, AND DISTRIBUTE
SUCH STATEMENT  AND  DESCRIPTION  TO  PROSPECTIVE  CANDIDATES  FOR  SUCH
MEMBERSHIP;
  3.  FOR  EACH  VACANT  POSITION ON THE BOARDS OF TRUSTEES OF THE STATE
UNIVERSITY, CITY UNIVERSITY AND COLLEGE, IDENTIFY AND RECRUIT  QUALIFIED
CANDIDATES  FOR  SUCH POSITION, BASED UPON THE BACKGROUND AND EXPERIENCE
OF THE CANDIDATE, AND THEIR POTENTIAL TO FULFILL THE RESPONSIBILITIES OF
A TRUSTEE;
  4. DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY  UNIVERSITY
AND COLLEGE, A COMPREHENSIVE ORIENTATION PROGRAM TO BE CONDUCTED BY EACH
SUCH  INSTITUTION  FOR TRUSTEES WHO ARE INITIALLY BEING APPOINTED TO THE
BOARD OF TRUSTEES. SUCH ORIENTATION PROGRAM SHALL INCLUDE,  BUT  NOT  BE
LIMITED  TO,  PRESENTATION  OF  INFORMATION  RELATING TO THE APPROPRIATE
INSTITUTION'S MISSION, BUDGET,  PLANS,  POLICIES,  STRENGTHS  AND  WEAK-
NESSES; AND
  5.  DEVELOP, IN COOPERATION WITH THE STATE UNIVERSITY, CITY UNIVERSITY
AND  COLLEGE,  A  COMPREHENSIVE  CONTINUING  EDUCATION  PROGRAM  TO   BE
CONDUCTED BY EACH SUCH INSTITUTION FOR ALL ITS TRUSTEES.
  S 1305. RECOMMENDATIONS. THE COMMITTEE SHALL SUBMIT THE NAMES OF THREE
CANDIDATES FOR EACH VACANCY ON THE BOARD OF TRUSTEES OF:
  1. THE STATE UNIVERSITY OR THE COLLEGE TO THE GOVERNOR, AND
  2. THE CITY UNIVERSITY TO THE MAYOR OF THE CITY OF NEW YORK.
  THE  GOVERNOR AND THE MAYOR OF THE CITY OF NEW YORK SHALL ONLY APPOINT
AS MEMBERS OF A BOARD OF TRUSTEES FROM THOSE CANDIDATES SUBMITTED BY THE
COMMITTEE.
  S 1306. CANDIDATE QUALIFICATIONS. ALL CANDIDATES RECOMMENDED  PURSUANT
TO  SECTION THIRTEEN HUNDRED FIVE OF THIS ARTICLE SHALL HAVE THE FOLLOW-
ING QUALIFICATIONS:
  1. GENERAL QUALIFICATIONS. ALL CANDIDATES RECOMMENDED BY THE COMMITTEE
SHALL POSSESS UNIMPEACHABLE PERSONAL INTEGRITY, INDEPENDENCE,  A  STRONG
COMMITMENT  TO  PUBLIC  HIGHER  EDUCATION,  A  WILLINGNESS TO DEVOTE THE
NECESSARY TIME AND ENERGY TO THE APPROPRIATE BOARD OF  TRUSTEES,  AND  A
WILLINGNESS  TO  FOREGO  ANY  PARTISAN  POLITICAL ACTIVITY THAT COULD BE
DISRUPTIVE OR HARMFUL TO THE INSTITUTION OF HIGHER EDUCATION.
  2. SPECIFIC QUALIFICATIONS. ALL RECOMMENDED CANDIDATES SHALL HAVE:
  A. EARNED A HIGHER EDUCATION DEGREE,  WITH  A  PREFERENCE  GRANTED  TO
CANDIDATES  WHOSE  DEGREE  WAS  CONFERRED BY THE STATE UNIVERSITY OR THE
CITY UNIVERSITY;
  B. DEMONSTRATED EXPERIENCE, EITHER VOLUNTARY OR COMPENSATED, IN PUBLIC
HIGHER EDUCATION;
  C. DEMONSTRATED EXPERIENCE AS THE MEMBER OF  A  BOARD,  COMMISSION  OR
SIMILAR ENTITY;
  D. DEMONSTRATED EXPERIENCE OR EDUCATION RELATED TO THE IDENTIFICATION,
INTERVIEWING AND SELECTION OF PERSONNEL;
  E.  EXPERIENCE  OR  EDUCATION  SUFFICIENT  TO  ENABLE THE CANDIDATE TO
UNDERSTAND PUBLIC HIGHER EDUCATION FINANCE ISSUES;

A. 5373                             4

  F. MET THE REQUIREMENTS ESTABLISHED FOR THE APPROPRIATE BOARD OF TRUS-
TEES PURSUANT TO SECTION THREE HUNDRED FIFTY-THREE, SIX  THOUSAND  THREE
OR SIXTY-TWO HUNDRED FOUR OF THIS CHAPTER; AND
  G.  MET  SUCH  ADDITIONAL CRITERIA AS THE COMMITTEE SHALL ESTABLISH BY
RULE OR REGULATION.
  S 1307. SUPPORT SERVICES. ALL EXPENSES OF THE COMMITTEE SHALL BE  PAID
AND  ALL  SUPPORT NEEDED BY THE COMMITTEE SHALL BE PROVIDED BY THE STATE
UNIVERSITY AND THE CITY UNIVERSITY IN PROPORTION TO  THE  APPROPRIATIONS
MADE TO EACH SUCH UNIVERSITY.
  S  1308.  CONFLICT  OF INTEREST. NO MEMBER OF THE BOARD OF TRUSTEES OF
THE STATE UNIVERSITY, CITY UNIVERSITY OR COLLEGE NOR ANY IMMEDIATE FAMI-
LY MEMBER THEREOF SHALL BE EMPLOYED FOR COMPENSATION AT ANY  INSTITUTION
GOVERNED BY THE BOARD OF TRUSTEES OF WHICH SUCH MEMBER IS A MEMBER. WORK
STUDY AND OTHER FORMS OF WORK RELATING TO A BONA FIDE COURSE OF STUDY OR
FINANCIAL  ASSISTANCE FOR SUCH COURSE OF STUDY SHALL NOT BE DEEMED TO BE
EMPLOYMENT FOR COMPENSATION FOR THE PURPOSES OF THIS SECTION.
  S 3. Section 6003 of the education law is  amended  by  adding  a  new
closing paragraph to read as follows:
  EVERY  MEMBER OF THE BOARD OF TRUSTEES SHALL, UPON INITIAL APPOINTMENT
TO SUCH OFFICE, COMPLETE THE ORIENTATION PROGRAM ESTABLISHED PURSUANT TO
SUBDIVISION FOUR OF SECTION  THIRTEEN  HUNDRED  FOUR  OF  THIS  CHAPTER.
FURTHERMORE,  EVERY  MEMBER  OF THE BOARD OF TRUSTEES SHALL COMPLETE THE
COMPREHENSIVE  CONTINUING  EDUCATION  PROGRAM  ESTABLISHED  PURSUANT  TO
SUBDIVISION  FIVE  OF  SECTION THIRTEEN HUNDRED FOUR OF THIS CHAPTER, IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE COMMITTEE ON UNIVERSITY
BOARDS OF TRUSTEES NOMINATIONS.
  S 4. Section 6204 of the education law is  amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  TRAINING OF TRUSTEES. EVERY MEMBER OF THE BOARD OF TRUSTEES SHALL,
UPON INITIAL  APPOINTMENT  TO  SUCH  OFFICE,  COMPLETE  THE  ORIENTATION
PROGRAM  ESTABLISHED  PURSUANT  TO  SUBDIVISION FOUR OF SECTION THIRTEEN
HUNDRED FOUR OF THIS CHAPTER. FURTHERMORE, EVERY MEMBER OF THE BOARD  OF
TRUSTEES  SHALL COMPLETE THE COMPREHENSIVE CONTINUING EDUCATION PROGRAM,
ESTABLISHED PURSUANT TO SUBDIVISION FIVE  OF  SECTION  THIRTEEN  HUNDRED
FOUR  OF  THIS  CHAPTER, IN ACCORDANCE WITH THE RULES AND REGULATIONS OF
THE COMMITTEE.
  S 5. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law; provided, however, all
members of the committee on university boards  of  trustees  nominations
shall  be  appointed  pursuant  to section 1303 of the education law, as
added by section two of this act, on or before such effective date.