[ ] is old law to be omitted.
LBD01417-01-7
A. 118 2
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
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.
§ 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.
A. 118 3
(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) 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.
§ 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.
§ 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
A. 118 4
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 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.
§ 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
A. 118 5
original appointments. The term of office of each trustee appointed on
or after April first, nineteen 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.
§ 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.
§ 5. The education law is amended by adding four new sections 6203-a,
6203-b, 6203-c and 6203-d to read as follows:
§ 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.
A. 118 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.
§ 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
A. 118 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.
§ 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.
§ 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.
A. 118 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.
§ 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.
§ 7. Section 6301 of the education law is amended by adding five new
subdivisions 7, 8, 9, 10 and 11 to read as follows:
7. "COMMISSIONS." THE STATE UNIVERSITY OF NEW YORK'S COMMUNITY COLLEGE
INDEPENDENT COMMISSION ON LOCAL BOARD OF TRUSTEES NOMINATIONS.
8. "REGIONAL COMMISSIONS." THE STATE UNIVERSITY OF NEW YORK'S REGIONAL
COMMUNITY COLLEGE INDEPENDENT COMMISSIONS ON LOCAL BOARD OF TRUSTEES
NOMINATIONS.
9. "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.
10. "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.
A. 118 9
11. "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.
§ 8. The education law is amended by adding four new sections 6306-a,
6306-b, 6306-c and 6306-d to read as follows:
§ 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.
§ 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
A. 118 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-
A. 118 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.
§ 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.
§ 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.
A. 118 12
§ 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-
A. 118 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.
§ 10. The education law is amended by adding four new sections 6310-a,
6310-b, 6310-c and 6310-d to read as follows:
§ 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
A. 118 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.
§ 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.
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(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.
§ 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
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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.
§ 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.
§ 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
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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.
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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.
§ 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.