Create Trustee Selection Commissions

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 consideration 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01417-01-7

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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 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 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 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 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 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 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 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 qualified for appointment to the state university of New York 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.

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(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 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) 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 chairperson, and shall include the commission's findings relating to the character, temperament, professional aptitude, experience, qualifications 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 subdivision 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 commission 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 concurrence of a quorum of the commission.

§ 352-e. Confidentiality of proceedings and records. 1. All communications 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

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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 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 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 president of the faculty council of community colleges, ex-officio and nonvoting; 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 independent 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 publicize its consideration of said nominee. The senate shall vote to confirm the nominee no earlier than twenty-one days after the nominee's consideration has been publicized. Such ex-officio members shall be subject to every provision of any general, special, or local law, ordinance, charter, 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, nineteen 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. Vacancies shall be filled for the unexpired term in the same manner as

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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.