S T A T E   O F   N E W   Y O R K
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                                   8652
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred 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 14 and 15 to read as follows:
   14.  "COMMISSION" MEANS THE STATE UNIVERSITY OF NEW YORK'S INDEPENDENT
 COMMISSION ON BOARD OF TRUSTEE'S NOMINATIONS.
   15. "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.
   § 2. The education law is amended by adding four new  sections  352-b,
 352-c, 352-d and 352-e to read as follows:
   §  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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14140-01-1
              

 A. 8652                             2
 
 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.
   (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-
 A. 8652                             3

 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
 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
 A. 8652                             4
 
 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
 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
 A. 8652                             5
 
 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.
   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.
 A. 8652                             6
 
   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
 CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALIFICA-
 TIONS AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE GOVERNOR.
 A. 8652                             7

   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.
   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
 A. 8652                             8
 
 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.
   11.  "REGIONAL APPOINTING AUTHORITY." THE REGIONAL LEGISLATIVE BODY OR
 BOARD, OR OTHER  APPROPRIATE  GOVERNING  AGENCY  AUTHORIZED  TO  APPOINT
 A. 8652                             9
 
 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
 THE GOVERNOR AND LOCAL APPOINTING AUTHORITY PERSONS WHO BY THEIR CHARAC-
 TER,  TEMPERAMENT,  PROFESSIONAL APTITUDE AND EXPERIENCE ARE WELL QUALI-
 A. 8652                            10

 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-
 TIONS AND FITNESS OF EACH CANDIDATE WHO  IS  RECOMMENDED  TO  THE  LOCAL
 APPOINTING AUTHORITY.
 A. 8652                            11
 
   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.
   § 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:
 A. 8652                            12
 
   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-
 ing the expiration of their respective terms and the commencement of the
 terms  of  their  successors,  the  term  of office of each such initial
 A. 8652                            13
 
 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
 AUTHORITY SHALL BE FOR A TERM OF FOUR YEARS. THE MEMBER FIRST  APPOINTED
 BY  THE  PRESIDENT  OF  THE  FACULTY COUNCIL OF COMMUNITY COLLEGES SHALL
 A. 8652                            14
 
 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.
   (F) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
 CANDIDATE  WHOM  IT HAS RECOMMENDED TO THE GOVERNOR AND COMMUNICATE WITH
 A. 8652                            15

 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
 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE.  UPON
 REQUEST  OF  ANY  PERSON,  THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
 A. 8652                            16
 
 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
 members shall be appointed by the governor [and one]; PROVIDED, HOWEVER,
 THAT  SUCH TRUSTEES, EXCEPT THE ONE MEMBER ELECTED BY AND FROM AMONG THE
 A. 8652                            17
 
 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.
   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
 A. 8652                            18
 
 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.