S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3602
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 13, 2015
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed 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:
    1    Section  1.  Section 350 of the education law is amended by adding two
    2  new subdivisions 14 and 15 to read as follows:
    3    14. "COMMISSION" MEANS THE STATE UNIVERSITY OF NEW YORK'S  INDEPENDENT
    4  COMMISSION ON BOARD OF TRUSTEE'S NOMINATIONS.
    5    15.  "CANDIDATE"  MEANS A PERSON WHO HAS REQUESTED THAT THE COMMISSION
    6  CONSIDER HIS OR HER QUALIFICATIONS TO SERVE ON THE STATE  UNIVERSITY  OF
    7  NEW  YORK BOARD OF TRUSTEES; OR (A) WHO HAS BEEN RECOMMENDED FOR CONSID-
    8  ERATION BY THE COMMISSION BY ANOTHER PERSON, INCLUDING  A  COMMUNITY  OR
    9  PROFESSIONAL ORGANIZATION; OR (B) WHO HAS AGREED TO BE CONSIDERED BY THE
   10  COMMISSION AT THE COMMISSION'S REQUEST.
   11    S  2.  The education law is amended by adding four new sections 352-b,
   12  352-c, 352-d and 352-e to read as follows:
   13    S 352-B. ORGANIZATION OF THE COMMISSION. 1. A STATE UNIVERSITY OF  NEW
   14  YORK  INDEPENDENT COMMISSION ON BOARD OF TRUSTEES' NOMINATIONS IS HEREBY
   15  ESTABLISHED. THE COMMISSION SHALL CONSIST  OF  ELEVEN  MEMBERS  OF  WHOM
   16  THREE  SHALL BE APPOINTED BY THE GOVERNOR AND THREE EACH, BY THE SPEAKER
   17  OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE  EACH
   18  BY  THE  CHAIR OF THE STATE UNIVERSITY OF NEW YORK FACULTY SENATE AND BY
   19  THE PRESIDENT OF THE STUDENT ASSEMBLY OF THE  STATE  UNIVERSITY  OF  NEW
   20  YORK.  OF  THE THREE MEMBERS APPOINTED BY THE GOVERNOR, NO MORE THAN TWO
   21  SHALL BE ENROLLED IN THE SAME POLITICAL PARTY AND TWO  OF  SUCH  MEMBERS
   22  SHALL  BE  GRADUATES  OF THE STATE UNIVERSITY OF NEW YORK.  NO MEMBER OF
   23  THE COMMISSION SHALL HOLD ANY ELECTED PUBLIC OFFICE  OR  OFFICE  IN  ANY
   24  POLITICAL  PARTY  OR SHALL BE AN EMPLOYEE OF OR UNDER THE SUPERVISION OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06297-01-5
       S. 3602                             2
    1  ANY PERSON WHO HOLDS SUCH ELECTED PUBLIC OFFICE OR OFFICE OF A POLITICAL
    2  PARTY. NO MEMBER OF THE COMMISSION SHALL SERVE IN ANY  PUBLIC  OR  POLI-
    3  TICAL  OFFICE  WITHIN  ONE  YEAR  OF THE MEMBER'S PERIOD OF SERVICE. THE
    4  MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE STATE.
    5    2. THE MEMBERS FIRST APPOINTED BY THE GOVERNOR SHALL HAVE ONE, TWO AND
    6  THREE-YEAR  TERMS,  RESPECTIVELY,  AS  HE  OR  SHE  SHALL DESIGNATE. THE
    7  MEMBERS FIRST APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL  HAVE  ONE,
    8  TWO,  AND  THREE-YEAR TERMS, RESPECTIVELY, AS HE OR SHE SHALL DESIGNATE.
    9  THE MEMBER FIRST APPOINTED BY THE  TEMPORARY  PRESIDENT  OF  THE  SENATE
   10  SHALL  HAVE  ONE,  TWO  AND THREE-YEAR TERMS, RESPECTIVELY, AS HE OR SHE
   11  SHALL DESIGNATE. THE MEMBER FIRST APPOINTED BY THE CHAIR  OF  THE  STATE
   12  UNIVERSITY  OF  NEW YORK FACULTY SENATE SHALL HAVE A TWO-YEAR TERM AS HE
   13  OR SHE SHALL DESIGNATE. THE MEMBER FIRST APPOINTED BY THE  PRESIDENT  OF
   14  THE  STUDENT  ASSEMBLY  OF THE STATE UNIVERSITY OF NEW YORK SHALL HAVE A
   15  ONE-YEAR TERM AS HE OR SHE SHALL DESIGNATE. EACH SUBSEQUENT  APPOINTMENT
   16  SHALL BE FOR A TERM OF ONE YEAR.
   17    3. A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINTMENT
   18  OR  ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR HER
   19  FOR APPOINTMENT TO, OR MEMBERSHIP ON, THE COMMISSION. A  VACANCY  OCCUR-
   20  RING  FOR ANY REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED BY
   21  THE APPOINTING AUTHORITY FOR THE REMAINDER OF THE UNEXPIRED TERM  PURSU-
   22  ANT TO THE PROVISIONS OF THIS SECTION.
   23    4.  THE  MEMBERS OF THE COMMISSION SHALL DESIGNATE ONE MEMBER TO SERVE
   24  AS CHAIRPERSON FOR A PERIOD OF TWO YEARS OR UNTIL HIS  OR  HER  TERM  OF
   25  OFFICE EXPIRES, WHICHEVER PERIOD IS SHORTER.
   26    5.  EACH  MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE HIS OR
   27  HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE  OF  HIS  OR
   28  HER DUTIES.
   29    6. SEVEN MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
   30    S 352-C. FUNCTIONS OF THE COMMISSION. 1. THE COMMISSION SHALL:
   31    (A)  CONSIDER  AND  EVALUATE  THE  QUALIFICATIONS  OF  CANDIDATES  FOR
   32  APPOINTMENT TO THE STATE UNIVERSITY OF NEW YORK BOARD OF  TRUSTEES  AND,
   33  AS  VACANCIES OCCUR ON SUCH BOARD, THE COMMISSION SHALL RECOMMEND TO THE
   34  GOVERNOR PERSONS WHO BY THEIR CHARACTER, TEMPERAMENT, PROFESSIONAL APTI-
   35  TUDE AND EXPERIENCE ARE WELL QUALIFIED TO BE A  MEMBER  OF  SUCH  BOARD.
   36  SUCH  QUALIFICATIONS  SHALL INCLUDE, BUT NOT BE LIMITED TO: (1) A BACCA-
   37  LAUREATE DEGREE AS THE MINIMUM  EDUCATIONAL  CRITERIA;  (2)  FAMILIARITY
   38  WITH  ADDRESSING  POLICY  ISSUES  IN A UNIONIZED ENVIRONMENT; (3) UNDER-
   39  STANDING OF PUBLIC SECTOR INTERGOVERNMENTAL RELATIONS AS THEY RELATE  TO
   40  HIGHER EDUCATION INSTITUTIONS; (4) UNDERSTANDING OF AND FAMILIARITY WITH
   41  THE  KINDS OF ISSUES ARISING IN LARGE COMPLEX ORGANIZATIONS; (5) CURRENT
   42  INTEREST IN THE INSTITUTION; (6) A COMMITMENT TO  PUBLIC  HIGHER  EDUCA-
   43  TION;  (7)  A GENERAL BACKGROUND THAT WOULD ALLOW THEM TO MAKE DECISIONS
   44  IN THE BEST INTERESTS OF THE INSTITUTION; (8) AN  ABILITY  TO  RECOGNIZE
   45  THE  SOMETIMES  AMBIGUOUS DISTINCTION BETWEEN MANAGEMENT AND GOVERNANCE;
   46  AND (9) AN ACTUAL AND PERCEIVED INDEPENDENCE FROM POLITICAL INTERFERENCE
   47  IN THE GOVERNANCE OF THE INSTITUTION.
   48    (B) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
   49  FIED FOR APPOINTMENT TO THE STATE UNIVERSITY OF NEW YORK BOARD OF  TRUS-
   50  TEES, OTHER THAN THOSE WHO HAVE REQUESTED CONSIDERATION OR WHO HAVE BEEN
   51  RECOMMENDED  FOR  CONSIDERATION  BY  OTHERS BE ENCOURAGED TO AGREE TO BE
   52  CONSIDERED BY THE COMMISSION.
   53    (C) REQUIRE THE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS  OR  OTHER
   54  EVIDENCE  THAT  IT  MAY  DEEM  RELEVANT OR MATERIAL TO ITS EVALUATION OF
   55  CANDIDATES.
       S. 3602                             3
    1    (D) REQUIRE FROM  ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,  BUREAU,
    2  COMMISSION, OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
    3  OF  OR  ANY  PUBLIC  AUTHORITY SUCH ASSISTANCE, INFORMATION AND DATA, AS
    4  WILL ENABLE IT PROPERLY TO EVALUATE THE QUALIFICATIONS OF CANDIDATES.
    5    (E)  REQUIRE  THE  APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
    6  ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
    7    (F) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
    8  CANDIDATE WHOM IT HAS RECOMMENDED TO THE GOVERNOR, AND COMMUNICATE  WITH
    9  THE  SENATE  CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE APPOINTED BY
   10  THE GOVERNOR.
   11    (G) DO ALL OTHER THINGS NECESSARY AND  CONVENIENT  TO  CARRY  OUT  ITS
   12  FUNCTIONS PURSUANT TO THIS ARTICLE.
   13    2. A RECOMMENDATION TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF A
   14  QUORUM  OF  THE COMMISSION. THE RECOMMENDATIONS TO THE GOVERNOR SHALL BE
   15  TRANSMITTED TO THE GOVERNOR IN A SINGLE WRITTEN REPORT, WHICH  SHALL  BE
   16  RELEASED  TO THE PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED TO
   17  THE GOVERNOR. THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE  CHAIR-
   18  PERSON,  AND  SHALL  INCLUDE  THE  COMMISSION'S FINDINGS RELATING TO THE
   19  CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALIFICA-
   20  TIONS AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE GOVERNOR.
   21    3.  NO  PERSON  SHALL  BE  RECOMMENDED  TO  THE  GOVERNOR  WHO HAS NOT
   22  CONSENTED TO BE A CANDIDATE, WHO HAS NOT BEEN PERSONALLY INTERVIEWED  BY
   23  A QUORUM OF THE MEMBERSHIP OF THE COMMISSION AS PROVIDED FOR IN SUBDIVI-
   24  SION  SIX  OF SECTION THREE HUNDRED FIFTY-TWO-B OF THIS ARTICLE, AND WHO
   25  HAS NOT FILED A FINANCIAL STATEMENT WITH THE COMMISSION, ON A FORM TO BE
   26  PRESCRIBED BY THE COMMISSION. THE FINANCIAL STATEMENT SHALL CONSIST OF A
   27  SWORN STATEMENT OF THE CANDIDATE'S ASSETS, LIABILITIES  AND  SOURCES  OF
   28  INCOME,  AND ANY OTHER RELEVANT FINANCIAL INFORMATION, WHICH THE COMMIS-
   29  SION MAY REQUIRE.  THE COMMISSION SHALL TRANSMIT  TO  THE  GOVERNOR  THE
   30  FINANCIAL  STATEMENT  FILED  BY  EACH  CANDIDATE WHO IS RECOMMENDED. THE
   31  GOVERNOR SHALL MAKE AVAILABLE TO  THE  PUBLIC  THE  FINANCIAL  STATEMENT
   32  FILED BY THE CANDIDATE WHO IS APPOINTED TO FILL A VACANCY. THE FINANCIAL
   33  STATEMENTS  FILED  BY  ALL OTHER CANDIDATES RECOMMENDED TO THE GOVERNOR,
   34  BUT NOT APPOINTED BY HIM OR HER, SHALL BE CONFIDENTIAL.
   35    S 352-D. RULES OF THE COMMISSION. 1. THE COMMISSION SHALL  ADOPT,  AND
   36  MAY AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT WITH LAW.
   37    2.  RULES  OF THE COMMISSION SHALL BE FILED WITH THE CHANCELLOR OF THE
   38  STATE UNIVERSITY OF NEW YORK AND SHALL  BE  PUBLISHED  IN  THE  OFFICIAL
   39  COMPILATION  OF  CODES, RULES AND REGULATIONS OF THE STATE. UPON REQUEST
   40  OF ANY PERSON, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK  SHALL
   41  FURNISH A COPY OF THE COMMISSION'S RULES WITHOUT CHARGE.
   42    3.  RULES  OF THE COMMISSION MAY PRESCRIBE FORMS AND QUESTIONNAIRES TO
   43  BE COMPLETED AND, IF REQUIRED BY THE COMMISSION, VERIFIED BY CANDIDATES.
   44    4. RULES OF THE COMMISSION SHALL PROVIDE THAT UPON THE  COMPLETION  BY
   45  THE COMMISSION OF ITS CONSIDERATION AND EVALUATION OF THE QUALIFICATIONS
   46  OF  A CANDIDATE, THERE SHALL BE NO RECONSIDERATION OF SUCH CANDIDATE FOR
   47  THE VACANCY FOR WHICH HE OR SHE WAS CONSIDERED, EXCEPT WITH THE  CONCUR-
   48  RENCE OF A QUORUM OF THE COMMISSION.
   49    S  352-E.  CONFIDENTIALITY OF PROCEEDINGS AND RECORDS. 1. ALL COMMUNI-
   50  CATIONS TO THE COMMISSION, AND ITS PROCEEDINGS,  AND  ALL  APPLICATIONS,
   51  CORRESPONDENCE,  INTERVIEWS,  TRANSCRIPTS, REPORTS AND ALL OTHER PAPERS,
   52  FILES AND RECORDS OF THE COMMISSION SHALL BE CONFIDENTIAL AND PRIVILEGED
   53  AND, EXCEPT FOR THE PURPOSES OF ARTICLE TWO HUNDRED  TEN  OF  THE  PENAL
   54  LAW,  SHALL  NOT  BE  MADE  AVAILABLE  TO ANY PERSON EXCEPT AS OTHERWISE
   55  PROVIDED IN THIS ARTICLE.
       S. 3602                             4
    1    2. THE GOVERNOR SHALL HAVE ACCESS TO ALL PAPERS AND INFORMATION RELAT-
    2  ING TO PERSONS RECOMMENDED TO HIM OR HER BY THE COMMISSION.  THE  SENATE
    3  SHALL  HAVE  ACCESS TO ALL PAPERS AND INFORMATION RELATING TO THE PERSON
    4  APPOINTED BY THE GOVERNOR TO FILL A VACANCY. ALL INFORMATION THAT IS NOT
    5  PUBLICLY  DISCLOSED  IN  ACCORDANCE  WITH  SUBDIVISIONS TWO AND THREE OF
    6  SECTION THREE HUNDRED FIFTY-TWO-C  OF  THIS  ARTICLE,  OR  DISCLOSED  IN
    7  CONNECTION  WITH  THE  SENATE'S  CONFIRMATION  OF THE APPOINTMENT, SHALL
    8  REMAIN CONFIDENTIAL AND PRIVILEGED, EXCEPT FOR THE PURPOSES  OF  ARTICLE
    9  TWO HUNDRED TEN OF THE PENAL LAW.
   10    3.  THE MEMBERS OF THE COMMISSION SHALL NOT PUBLICLY DIVULGE THE NAMES
   11  OF, OR ANY INFORMATION CONCERNING, ANY  CANDIDATE  EXCEPT  AS  OTHERWISE
   12  PROVIDED IN THIS ARTICLE.
   13    S  3. Subdivision 1 of section 353 of the education law, as amended by
   14  chapter 268 of the laws of 2011, is amended to read as follows:
   15    1. The state university shall be governed, and all  of  its  corporate
   16  powers  exercised,  by  a board of trustees. Such board shall consist of
   17  eighteen members, fifteen of whom shall be  appointed  by  the  governor
   18  with  the  advice  and  consent  of the senate, one of whom shall be the
   19  president of the student assembly of the  state  university,  ex-officio
   20  and voting, one of whom shall be the president of the university faculty
   21  senate,  ex-officio  and non-voting, and one of whom shall be the presi-
   22  dent of the faculty council of community colleges, ex-officio  and  non-
   23  voting;  PROVIDED,  HOWEVER, THAT SUCH TRUSTEES, EXCEPT THE PRESIDENT OF
   24  THE STUDENT ASSEMBLY OF THE  STATE  UNIVERSITY,  EX-OFFICIO,  HAVE  BEEN
   25  RECOMMENDED AND APPROVED BY THE STATE UNIVERSITY OF NEW YORK'S INDEPEND-
   26  ENT COMMISSION ON BOARD OF TRUSTEES NOMINATIONS. NO SUCH TRUSTEE, EXCEPT
   27  THE PRESIDENT OF THE STUDENT ASSEMBLY OF THE STATE UNIVERSITY SERVING AS
   28  AN  EX-OFFICIO MEMBER, SHALL BE AN EMPLOYEE OF, OR UNDER THE SUPERVISION
   29  OF SUCH APPOINTING AUTHORITIES. THE SENATE UPON RECEIVING THE GOVERNOR'S
   30  NOMINATION OF A TRUSTEE TO BE CONSIDERED FOR CONFIRMATION SHALL  CONSULT
   31  WITH THE CHAIR OF THE SENATE HIGHER EDUCATION COMMITTEE AND SHALL PUBLI-
   32  CIZE ITS CONSIDERATION OF SAID NOMINEE. THE SENATE SHALL VOTE TO CONFIRM
   33  THE  NOMINEE NO EARLIER THAN TWENTY-ONE DAYS AFTER THE NOMINEE'S CONSID-
   34  ERATION HAS BEEN PUBLICIZED. Such ex-officio members shall be subject to
   35  every provision of any general, special, or local law, ordinance,  char-
   36  ter,  code,  rule,  or regulation applying to the voting members of such
   37  board with respect to the discharge of their duties, including, but  not
   38  limited  to,  those provisions setting forth codes of ethics, disclosure
   39  requirements, and prohibiting business and professional activities.  One
   40  member  of  the board shall be designated by the governor as chairperson
   41  and one as vice-chairperson. Of the members first appointed,  two  shall
   42  be  appointed  for a term which shall expire on June thirtieth, nineteen
   43  hundred fifty-two; one for a term which shall expire on June  thirtieth,
   44  nineteen  hundred fifty-three; two for a term which shall expire on June
   45  thirtieth, nineteen hundred fifty-four;  one  for  a  term  which  shall
   46  expire  on  June  thirtieth, nineteen hundred fifty-five; two for a term
   47  which shall expire on June thirtieth, nineteen  hundred  fifty-six;  one
   48  for  a  term  which  shall  expire  on  June thirtieth, nineteen hundred
   49  fifty-seven; two for a term which shall expire on June thirtieth,  nine-
   50  teen  hundred  fifty-eight;  one  for  a term which shall expire on June
   51  thirtieth, nineteen hundred fifty-nine;  two  for  a  term  which  shall
   52  expire  on  June  thirtieth,  nineteen hundred sixty; and one for a term
   53  which shall expire on June thirtieth, nineteen hundred sixty-one. Vacan-
   54  cies shall be filled for the  unexpired  term  in  the  same  manner  as
   55  original  appointments.  The term of office of each trustee appointed on
   56  or after April first, nineteen hundred eighty-six shall be seven  years,
       S. 3602                             5
    1  except  those  of  the  student member and the faculty members. Trustees
    2  shall receive no compensation for their services but shall be reimbursed
    3  for their expenses actually and necessarily  incurred  by  them  in  the
    4  performance of their duties under this article.
    5    S  4.  Section  6202 of the education law is amended by adding two new
    6  subdivisions 10 and 11 to read as follows:
    7    10. "COMMISSION" MEANS THE CITY UNIVERSITY OF NEW  YORK'S  INDEPENDENT
    8  COMMISSION ON BOARD OF TRUSTEES' NOMINATIONS.
    9    11.  "CANDIDATE"  MEANS A PERSON WHO HAS REQUESTED THAT THE COMMISSION
   10  CONSIDER HIS OR HER QUALIFICATIONS TO SERVE ON THE  CITY  UNIVERSITY  OF
   11  NEW  YORK BOARD OF TRUSTEES; OR (A) WHO HAS BEEN RECOMMENDED FOR CONSID-
   12  ERATION BY THE COMMISSION BY ANOTHER PERSON, INCLUDING  A  COMMUNITY  OR
   13  PROFESSIONAL ORGANIZATION; OR (B) WHO HAS AGREED TO BE CONSIDERED BY THE
   14  COMMISSION AT THE COMMISSION'S REQUEST.
   15    S  5. The education law is amended by adding four new sections 6203-a,
   16  6203-b, 6203-c and 6203-d to read as follows:
   17    S 6203-A. ORGANIZATION OF THE COMMISSION. 1. A CITY UNIVERSITY OF  NEW
   18  YORK  INDEPENDENT COMMISSION ON BOARD OF TRUSTEES' NOMINATIONS IS HEREBY
   19  ESTABLISHED. THE COMMISSION SHALL CONSIST  OF  ELEVEN  MEMBERS  OF  WHOM
   20  THREE  SHALL  BE APPOINTED BY THE GOVERNOR AND TWO SELECTED BY THE MAYOR
   21  OF THE CITY OF NEW YORK, AND TWO EACH, BY THE SPEAKER  OF  THE  ASSEMBLY
   22  AND  THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE EACH BY THE CHAIR OF
   23  THE CITY UNIVERSITY OF NEW YORK FACULTY SENATE AND BY THE CHAIRPERSON OF
   24  THE CITY UNIVERSITY OF NEW YORK STUDENT SENATE.  OF  THE  THREE  MEMBERS
   25  APPOINTED  BY  THE  GOVERNOR,  NO MORE THAN TWO SHALL BE ENROLLED IN THE
   26  SAME POLITICAL PARTY AND TWO OF SUCH MEMBERS SHALL BE GRADUATES  OF  THE
   27  CITY  UNIVERSITY  OF  NEW  YORK.  THE TWO MEMBERS APPOINTED BY THE MAYOR
   28  SHALL NOT BE ENROLLED IN THE  SAME  POLITICAL  PARTY  AND  ONE  OF  SUCH
   29  MEMBERS  SHALL  BE  A  GRADUATE  OF THE CITY UNIVERSITY OF NEW YORK.  NO
   30  MEMBER OF THE COMMISSION SHALL HOLD ANY ELECTED PUBLIC OFFICE OR  OFFICE
   31  IN  ANY  POLITICAL  PARTY OR SHALL BE AN EMPLOYEE OF OR UNDER THE SUPER-
   32  VISION OF ANY PERSON WHO HOLDS SUCH ELECTED PUBLIC OFFICE OR OFFICE OF A
   33  POLITICAL PARTY. NO MEMBER OF THE COMMISSION SHALL SERVE IN  ANY  PUBLIC
   34  OR  POLITICAL  OFFICE WITHIN ONE YEAR OF THE MEMBER'S PERIOD OF SERVICE.
   35  THE MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE STATE.
   36    2. THE MEMBERS FIRST APPOINTED BY THE GOVERNOR SHALL HAVE ONE, TWO AND
   37  THREE-YEAR TERMS, RESPECTIVELY,  AS  HE  OR  SHE  SHALL  DESIGNATE.  THE
   38  MEMBERS  FIRST  APPOINTED  BY  THE  MAYOR  SHALL HAVE TWO AND THREE-YEAR
   39  TERMS, RESPECTIVELY, AS HE OR SHE SHALL  DESIGNATE.  THE  MEMBERS  FIRST
   40  APPOINTED  BY  THE SPEAKER OF THE ASSEMBLY SHALL HAVE TWO AND THREE-YEAR
   41  TERMS, RESPECTIVELY, AS HE OR SHE SHALL  DESIGNATE.  THE  MEMBERS  FIRST
   42  APPOINTED  BY  THE  TEMPORARY PRESIDENT OF THE SENATE SHALL HAVE TWO AND
   43  THREE-YEAR TERMS, RESPECTIVELY, AS HE OR SHE SHALL DESIGNATE. THE MEMBER
   44  FIRST APPOINTED BY THE CHAIR OF THE CITY UNIVERSITY OF NEW YORK  FACULTY
   45  SENATE  SHALL  HAVE  A  TWO-YEAR  TERM AS HE OR SHE SHALL DESIGNATE. THE
   46  MEMBER FIRST APPOINTED BY THE PRESIDENT OF THE CITY  UNIVERSITY  OF  NEW
   47  YORK STUDENT SENATE SHALL HAVE A ONE-YEAR TERM AS HE OR SHE SHALL DESIG-
   48  NATE. EACH SUBSEQUENT APPOINTMENT SHALL BE FOR A TERM OF ONE YEAR.
   49    3. A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINTMENT
   50  OR  ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR HER
   51  FOR APPOINTMENT TO, OR MEMBERSHIP ON, THE COMMISSION. A  VACANCY  OCCUR-
   52  RING  FOR ANY REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED BY
   53  THE APPOINTING AUTHORITY FOR THE REMAINDER OF THE UNEXPIRED TERM  PURSU-
   54  ANT TO THE PROVISIONS OF THIS SECTION.
       S. 3602                             6
    1    4.  THE  MEMBERS OF THE COMMISSION SHALL DESIGNATE ONE MEMBER TO SERVE
    2  AS CHAIRPERSON FOR A PERIOD OF TWO YEARS OR UNTIL HIS  OR  HER  TERM  OF
    3  OFFICE EXPIRES, WHICHEVER PERIOD IS SHORTER.
    4    5.  EACH  MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE HIS OR
    5  HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE  OF  HIS  OR
    6  HER DUTIES.
    7    6. SEVEN MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
    8    S 6203-B. FUNCTIONS OF THE COMMISSION. 1. THE COMMISSION SHALL:
    9    (A)  CONSIDER    AND  EVALUATE  THE  QUALIFICATIONS  OF CANDIDATES FOR
   10  APPOINTMENT TO THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES AND, AS
   11  VACANCIES OCCUR ON SUCH BOARD, SHALL RECOMMEND TO THE GOVERNOR  AND  THE
   12  MAYOR  OF  THE CITY OF NEW YORK, PERSONS WHO BY THEIR CHARACTER, TEMPER-
   13  AMENT, PROFESSIONAL APTITUDE AND EXPERIENCE ARE WELL QUALIFIED TO  BE  A
   14  MEMBER  OF  SUCH  BOARD.  SUCH  QUALIFICATIONS SHALL INCLUDE, BUT NOT BE
   15  LIMITED TO: (1) A BACCALAUREATE DEGREE AS THE MINIMUM EDUCATIONAL CRITE-
   16  RIA; (2) FAMILIARITY WITH ADDRESSING POLICY ISSUES IN A UNIONIZED  ENVI-
   17  RONMENT;  (3) UNDERSTANDING OF PUBLIC SECTOR INTERGOVERNMENTAL RELATIONS
   18  AS THEY RELATE TO HIGHER EDUCATION INSTITUTIONS;  (4)  UNDERSTANDING  OF
   19  AND FAMILIARITY WITH THE KINDS OF ISSUES ARISING IN LARGE COMPLEX ORGAN-
   20  IZATIONS;  (5)  CURRENT INTEREST IN THE INSTITUTION; (6) A COMMITMENT TO
   21  PUBLIC HIGHER EDUCATION; (7) A GENERAL BACKGROUND THAT WOULD ALLOW  THEM
   22  TO MAKE DECISIONS IN THE BEST INTERESTS OF THE INSTITUTION; (8) AN ABIL-
   23  ITY  TO RECOGNIZE THE SOMETIMES AMBIGUOUS DISTINCTION BETWEEN MANAGEMENT
   24  AND GOVERNANCE; AND (9) AN ACTUAL AND PERCEIVED INDEPENDENCE FROM  POLI-
   25  TICAL INTERFERENCE IN THE GOVERNANCE OF THE INSTITUTION.
   26    (B) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
   27  FIED  FOR  APPOINTMENT TO THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUS-
   28  TEES, OTHER THAN THOSE WHO HAVE REQUESTED CONSIDERATION OR WHO HAVE BEEN
   29  RECOMMENDED FOR CONSIDERATION BY OTHERS BE ENCOURAGED  TO  AGREE  TO  BE
   30  CONSIDERED BY THE COMMISSION.
   31    (C)  REQUIRE  THE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS OR OTHER
   32  EVIDENCE THAT IT MAY DEEM RELEVANT OR  MATERIAL  TO  ITS  EVALUATION  OF
   33  CANDIDATES.
   34    (D)  REQUIRE  FROM  ANY  COURT,  DEPARTMENT,  DIVISION, BOARD, BUREAU,
   35  COMMISSION, OR OTHER AGENCY OF THE STATE OR POLITICAL SUBDIVISION THERE-
   36  OF OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE,  INFORMATION  AND  DATA,  AS
   37  WILL ENABLE IT PROPERLY TO EVALUATE THE QUALIFICATIONS OF CANDIDATES.
   38    (E)  REQUIRE  THE  APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
   39  ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
   40    (F) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
   41  CANDIDATE WHOM IT HAS RECOMMENDED TO THE GOVERNOR AND  COMMUNICATE  WITH
   42  THE  SENATE  CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE APPOINTED BY
   43  THE GOVERNOR.
   44    (G) COMMUNICATE WITH THE MAYOR OF THE CITY OF NEW YORK CONCERNING  THE
   45  QUALIFICATIONS  OF ANY CANDIDATE WHOM IT HAS RECOMMENDED TO THE MAYOR OF
   46  THE CITY OF NEW YORK, AND COMMUNICATE WITH  THE  SENATE  CONCERNING  THE
   47  QUALIFICATIONS  OF  ANY  CANDIDATE APPOINTED BY THE MAYOR OF THE CITY OF
   48  NEW YORK.
   49    (H) DO ALL OTHER THINGS NECESSARY AND  CONVENIENT  TO  CARRY  OUT  ITS
   50  FUNCTIONS PURSUANT TO THIS ARTICLE.
   51    2.  RECOMMENDATIONS TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF A
   52  QUORUM OF THE COMMISSION.  THE RECOMMENDATIONS TO THE GOVERNOR SHALL  BE
   53  TRANSMITTED  TO  THE GOVERNOR IN A SINGLE WRITTEN REPORT, WHICH SHALL BE
   54  RELEASED TO THE PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED  TO
   55  THE GOVERNOR.  THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE CHAIR-
   56  PERSON,  AND  SHALL  INCLUDE  THE  COMMISSION'S FINDINGS RELATING TO THE
       S. 3602                             7
    1  CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALIFICA-
    2  TIONS AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE GOVERNOR.
    3    3.  RECOMMENDATIONS TO THE MAYOR OF THE CITY OF NEW YORK SHALL REQUIRE
    4  THE CONCURRENCE OF A QUORUM OF THE COMMISSION.   RECOMMENDATIONS TO  THE
    5  MAYOR  OF  THE CITY OF NEW YORK SHALL BE TRANSMITTED TO THE MAYOR OF THE
    6  CITY OF NEW YORK IN A SINGLE WRITTEN REPORT, WHICH SHALL BE RELEASED  TO
    7  THE PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED TO THE MAYOR OF
    8  THE  CITY  OF NEW YORK.   THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY
    9  THE CHAIRPERSON, AND SHALL INCLUDE THE COMMISSION'S FINDINGS RELATING TO
   10  THE CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALI-
   11  FICATIONS  AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE MAYOR
   12  OF THE CITY OF NEW YORK.
   13    4. NO PERSON SHALL BE RECOMMENDED TO THE GOVERNOR OR THE MAYOR OF  THE
   14  CITY  OF  NEW  YORK WHO HAS NOT CONSENTED TO BE A CANDIDATE, WHO HAS NOT
   15  BEEN PERSONALLY INTERVIEWED BY A QUORUM OF THE MEMBERSHIP OF THE COMMIS-
   16  SION AS PROVIDED FOR IN SUBDIVISION SIX  OF  SECTION  SIXTY-TWO  HUNDRED
   17  THREE-A  OF  THIS  ARTICLE,  AND WHO HAS NOT FILED A FINANCIAL STATEMENT
   18  WITH THE COMMISSION, ON A FORM TO BE PRESCRIBED BY THE  COMMISSION.  THE
   19  FINANCIAL  STATEMENT  SHALL  CONSIST  OF A SWORN STATEMENT OF THE CANDI-
   20  DATE'S ASSETS, LIABILITIES AND SOURCES OF INCOME, AND ANY OTHER RELEVANT
   21  FINANCIAL INFORMATION, WHICH THE COMMISSION MAY REQUIRE.  THE COMMISSION
   22  SHALL TRANSMIT TO THE GOVERNOR THE FINANCIAL  STATEMENT  FILED  BY  EACH
   23  CANDIDATE  WHO  IS  RECOMMENDED TO THE GOVERNOR. THE GOVERNOR SHALL MAKE
   24  AVAILABLE TO THE PUBLIC THE FINANCIAL STATEMENT FILED BY  THE  CANDIDATE
   25  WHO  IS  APPOINTED  TO FILL A VACANCY. THE FINANCIAL STATEMENTS FILED BY
   26  ALL OTHER CANDIDATES RECOMMENDED TO THE GOVERNOR, BUT NOT  APPOINTED  BY
   27  HIM  OR  HER SHALL BE CONFIDENTIAL. THE COMMISSION SHALL TRANSMIT TO THE
   28  MAYOR OF THE CITY OF NEW YORK THE  FINANCIAL  STATEMENT  FILED  BY  EACH
   29  CANDIDATE  WHO  IS RECOMMENDED TO THE MAYOR OF THE CITY OF NEW YORK. THE
   30  MAYOR OF THE CITY OF NEW YORK SHALL MAKE AVAILABLE  TO  THE  PUBLIC  THE
   31  FINANCIAL  STATEMENT  FILED  BY THE CANDIDATE WHO IS APPOINTED TO FILL A
   32  VACANCY. THE FINANCIAL STATEMENTS FILED BY ALL OTHER  CANDIDATES  RECOM-
   33  MENDED TO THE MAYOR OF THE CITY OF NEW YORK, BUT NOT APPOINTED BY HIM OR
   34  HER SHALL BE CONFIDENTIAL.
   35    S  6203-C. RULES OF THE COMMISSION. 1. THE COMMISSION SHALL ADOPT, AND
   36  MAY AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT WITH LAW.
   37    2. RULES OF THE COMMISSION SHALL BE FILED WITH THE CHANCELLOR  OF  THE
   38  CITY  UNIVERSITY  OF  NEW  YORK  AND  SHALL BE PUBLISHED IN THE OFFICIAL
   39  COMPILATION OF CODES, RULES AND REGULATIONS OF THE CITY AND THE ADMINIS-
   40  TRATIVE CODE OF THE CITY OF NEW YORK. UPON REQUEST OF  ANY  PERSON,  THE
   41  CHANCELLOR  OF  THE  CITY UNIVERSITY OF NEW YORK SHALL FURNISH A COPY OF
   42  THE COMMISSION'S RULES WITHOUT CHARGE.
   43    3. RULES OF THE COMMISSION MAY PRESCRIBE FORMS AND  QUESTIONNAIRES  TO
   44  BE COMPLETED AND, IF REQUIRED BY THE COMMISSION, VERIFIED BY CANDIDATES.
   45    4.  RULES  OF THE COMMISSION SHALL PROVIDE THAT UPON THE COMPLETION BY
   46  THE COMMISSION OF ITS CONSIDERATION AND EVALUATION OF THE QUALIFICATIONS
   47  OF A CANDIDATE, THERE SHALL BE NO RECONSIDERATION OF SUCH CANDIDATE  FOR
   48  THE  VACANCY FOR WHICH HE OR SHE WAS CONSIDERED, EXCEPT WITH THE CONCUR-
   49  RENCE OF A QUORUM OF THE COMMISSION.
   50    S 6203-D. CONFIDENTIALITY OF PROCEEDINGS AND RECORDS. 1. ALL  COMMUNI-
   51  CATIONS  TO  THE  COMMISSION, AND ITS PROCEEDINGS, AND ALL APPLICATIONS,
   52  CORRESPONDENCE, INTERVIEWS, TRANSCRIPTS, REPORTS AND ALL  OTHER  PAPERS,
   53  FILES AND RECORDS OF THE COMMISSION SHALL BE CONFIDENTIAL AND PRIVILEGED
   54  AND,  EXCEPT  FOR  THE  PURPOSES OF ARTICLE TWO HUNDRED TEN OF THE PENAL
   55  LAW, SHALL NOT BE MADE AVAILABLE  TO  ANY  PERSON  EXCEPT  AS  OTHERWISE
   56  PROVIDED IN THIS ARTICLE.
       S. 3602                             8
    1    2.  THE  GOVERNOR  AND  THE  MAYOR  OF THE CITY OF NEW YORK SHALL HAVE
    2  ACCESS TO ALL PAPERS AND INFORMATION RELATING TO PERSONS RECOMMENDED  TO
    3  HIM OR HER BY THE COMMISSION. THE SENATE SHALL HAVE ACCESS TO ALL PAPERS
    4  AND INFORMATION RELATING TO THE PERSON APPOINTED BY THE GOVERNOR AND THE
    5  MAYOR OF THE CITY OF NEW YORK TO FILL A VACANCY. ALL INFORMATION THAT IS
    6  NOT  PUBLICLY  DISCLOSED  IN ACCORDANCE WITH SUBDIVISIONS TWO, THREE AND
    7  FOUR OF SECTION SIXTY-TWO HUNDRED THREE-B OF THIS ARTICLE, OR  DISCLOSED
    8  IN  CONNECTION  WITH THE SENATE'S CONFIRMATION OF THE APPOINTMENT, SHALL
    9  REMAIN CONFIDENTIAL AND PRIVILEGED, EXCEPT FOR THE PURPOSES  OF  ARTICLE
   10  TWO HUNDRED TEN OF THE PENAL LAW.
   11    3.  THE MEMBERS OF THE COMMISSION SHALL NOT PUBLICLY DIVULGE THE NAMES
   12  OF, OR ANY INFORMATION CONCERNING, ANY  CANDIDATE  EXCEPT  AS  OTHERWISE
   13  PROVIDED IN THIS ARTICLE.
   14    S  6.  Paragraph (a) of subdivision 2 of section 6204 of the education
   15  law, as added by chapter 305 of the laws of 1979, is amended to read  as
   16  follows:
   17    (a)  The board of trustees shall consist of seventeen trustees. Ten of
   18  the trustees shall be appointed by the  governor  with  the  advice  and
   19  consent of the senate; PROVIDED, HOWEVER, THAT NO SUCH TRUSTEES SHALL BE
   20  AN  EMPLOYEE  OF,  OR  UNDER  THE SUPERVISION OF, ANY OF SUCH APPOINTING
   21  AUTHORITIES.  Five of the trustees shall be appointed by  the  mayor  of
   22  the  city  of  New  York  with  the  advice  and  consent of the senate;
   23  PROVIDED, HOWEVER, THAT NO SUCH TRUSTEE SHALL  BE  AN  EMPLOYEE  OF,  OR
   24  UNDER THE SUPERVISION OF, ANY OF SUCH APPOINTING AUTHORITIES. THE SENATE
   25  UPON  RECEIVING  THE GOVERNOR'S NOMINATION OF A TRUSTEE TO BE CONSIDERED
   26  FOR CONFIRMATION SHALL CONSULT WITH  THE  CHAIR  OF  THE  SENATE  HIGHER
   27  EDUCATION  COMMITTEE AND SHALL PUBLICIZE ITS CONSIDERATION OF SAID NOMI-
   28  NEE. THE SENATE SHALL VOTE TO CONFIRM THE NOMINEE NO EARLIER THAN  TWEN-
   29  TY-ONE  DAYS AFTER THE NOMINEE'S CONSIDERATION HAS BEEN PUBLICIZED.  One
   30  ex-officio trustee shall be the chairperson of  the  university  student
   31  senate.  One  ex-officio  non-voting trustee shall be the chairperson of
   32  the university faculty senate.  SUCH TRUSTEES, EXCEPT THE CHAIRPERSON OF
   33  THE UNIVERSITY STUDENT SENATE, EX-OFFICIO, AND THE  CHAIRPERSON  OF  THE
   34  FACULTY SENATE, EX-OFFICIO, MUST BE RECOMMENDED AND APPROVED BY THE CITY
   35  UNIVERSITY  OF  NEW  YORK'S  INDEPENDENT COMMISSION ON BOARD OF TRUSTEES
   36  NOMINATIONS.
   37    S 7. Section 6301 of the education law is amended by adding  five  new
   38  subdivisions 7, 8, 9, 10 and 11 to read as follows:
   39    7. "COMMISSIONS." THE STATE UNIVERSITY OF NEW YORK'S COMMUNITY COLLEGE
   40  INDEPENDENT COMMISSION ON LOCAL BOARD OF TRUSTEES NOMINATIONS.
   41    8. "REGIONAL COMMISSIONS." THE STATE UNIVERSITY OF NEW YORK'S REGIONAL
   42  COMMUNITY  COLLEGE  INDEPENDENT  COMMISSIONS  ON LOCAL BOARD OF TRUSTEES
   43  NOMINATIONS.
   44    9. "CANDIDATE." A PERSON WHO HAS REQUESTED THAT THE COMMISSION OR  THE
   45  REGIONAL  COMMISSION  CONSIDER HIS OR HER QUALIFICATIONS TO SERVE ON THE
   46  LOCAL BOARD OF TRUSTEES OF A STATE  UNIVERSITY  OF  NEW  YORK  COMMUNITY
   47  COLLEGE  OR  REGIONAL COMMUNITY COLLEGE; OR (A) WHO HAS BEEN RECOMMENDED
   48  FOR CONSIDERATION BY THE COMMISSION OR REGIONAL  COMMISSION  BY  ANOTHER
   49  PERSON,  INCLUDING  A COMMUNITY OR PROFESSIONAL ORGANIZATION; OR (B) WHO
   50  HAS AGREED TO BE CONSIDERED BY THE COMMISSION OR REGIONAL COMMISSION  AT
   51  SUCH COMMISSION'S REQUEST.
   52    10. "LOCAL APPOINTING AUTHORITY." THE LOCAL LEGISLATIVE BODY OR BOARD,
   53  OR OTHER APPROPRIATE GOVERNING AGENCY AUTHORIZED TO APPOINT MEMBERS TO A
   54  STATE UNIVERSITY COMMUNITY COLLEGE BOARD OF TRUSTEES PURSUANT TO SECTION
   55  SIXTY-THREE HUNDRED SIX OF THIS ARTICLE.
       S. 3602                             9
    1    11.  "REGIONAL APPOINTING AUTHORITY." THE REGIONAL LEGISLATIVE BODY OR
    2  BOARD, OR OTHER  APPROPRIATE  GOVERNING  AGENCY  AUTHORIZED  TO  APPOINT
    3  MEMBERS  TO A STATE UNIVERSITY REGIONAL COMMUNITY COLLEGE BOARD OF TRUS-
    4  TEES PURSUANT TO SECTION SIXTY-THREE HUNDRED TEN OF THIS ARTICLE.
    5    S  8. The education law is amended by adding four new sections 6306-a,
    6  6306-b, 6306-c and 6306-d to read as follows:
    7    S 6306-A. ORGANIZATION OF  THE  COMMISSIONS.  1.  FOR  EACH  COMMUNITY
    8  COLLEGE,  EXCLUDING THOSE IN THE CITY OF NEW YORK EXCEPT FOR THE FASHION
    9  INSTITUTE OF TECHNOLOGY, THERE IS HEREBY ESTABLISHED A STATE  UNIVERSITY
   10  OF  NEW  YORK COMMUNITY COLLEGE INDEPENDENT COMMISSION ON LOCAL BOARD OF
   11  TRUSTEES NOMINATIONS. EACH COMMISSION SHALL CONSIST OF ELEVEN MEMBERS OF
   12  WHOM FOUR SHALL BE APPOINTED BY THE  GOVERNOR,  FIVE  MEMBERS  SHALL  BE
   13  APPOINTED BY THE LOCAL APPOINTING AUTHORITY, ONE MEMBER APPOINTED BY THE
   14  PRESIDENT  OF  THE FACULTY COUNCIL OF COMMUNITY COLLEGES, AND ONE MEMBER
   15  ELECTED BY AND FROM AMONG THE STUDENTS  OF  THE  COLLEGE.  OF  THE  FOUR
   16  MEMBERS APPOINTED BY THE GOVERNOR, NO MORE THAN TWO SHALL BE ENROLLED IN
   17  THE  SAME  POLITICAL PARTY AND TWO OF SUCH MEMBERS SHALL BE GRADUATES OF
   18  THE STATE UNIVERSITY SYSTEM. OF THE FIVE MEMBERS APPOINTED BY THE  LOCAL
   19  APPOINTING  AUTHORITY  NO  MORE THAN THREE SHALL BE ENROLLED IN THE SAME
   20  POLITICAL PARTY. NO MEMBER OF A COMMISSION SHALL HOLD ANY ELECTED PUBLIC
   21  OFFICE OR OFFICE IN ANY POLITICAL PARTY OR SHALL BE AN  EMPLOYEE  OF  OR
   22  UNDER THE SUPERVISION OF ANY PERSON WHO HOLDS SUCH ELECTED PUBLIC OFFICE
   23  OR OFFICE OF A POLITICAL PARTY. NO MEMBER OF A COMMISSION SHALL SERVE IN
   24  ANY PUBLIC OR POLITICAL OFFICE WITHIN ONE YEAR OF THE MEMBER'S PERIOD OF
   25  SERVICE. THE MEMBERS OF EACH COMMISSION SHALL BE RESIDENTS OF THE STATE.
   26    2.  OF  THE MEMBERS FIRST APPOINTED BY THE GOVERNOR, TWO MEMBERS SHALL
   27  HAVE A TWO-YEAR TERM AND TWO MEMBERS SHALL HAVE A THREE-YEAR TERM AS  HE
   28  OR  SHE  SHALL  DESIGNATE.  OF  THE MEMBERS FIRST APPOINTED BY THE LOCAL
   29  APPOINTING AUTHORITY, TWO MEMBERS SHALL  BE  APPOINTED  FOR  A  TWO-YEAR
   30  TERM,  TWO  MEMBERS  SHALL  BE  APPOINTED  FOR A THREE-YEAR TERM AND ONE
   31  MEMBER SHALL BE APPOINTED FOR A FOUR-YEAR TERM, AS SUCH LOCAL APPOINTING
   32  AUTHORITY SHALL DESIGNATE. EACH SUBSEQUENT APPOINTMENT BY  THE  GOVERNOR
   33  AND  THE  LOCAL  APPOINTING AUTHORITY SHALL SERVE A TERM FOR FOUR YEARS.
   34  THE MEMBER FIRST APPOINTED BY THE PRESIDENT OF THE  FACULTY  COUNCIL  OF
   35  COMMUNITY COLLEGES SHALL SERVE A TWO-YEAR TERM. EACH SUBSEQUENT APPOINT-
   36  MENT BY THE PRESIDENT OF THE FACULTY COUNCIL SHALL BE FOR A TERM OF FOUR
   37  YEARS.  THE  MEMBER  FIRST ELECTED BY AND FROM AMONG THE STUDENTS OF THE
   38  COLLEGE SHALL SERVE A  ONE-YEAR  TERM.  EACH  SUBSEQUENT  TERM  FOR  THE
   39  ELECTED MEMBER SHALL BE A ONE-YEAR TERM.
   40    3. A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINTMENT
   41  OR  ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR HER
   42  FOR APPOINTMENT TO, OR MEMBERSHIP ON, A COMMISSION. A VACANCY  OCCURRING
   43  FOR  ANY  REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED BY THE
   44  APPOINTING AUTHORITY FOR THE REMAINDER OF THE UNEXPIRED TERM PURSUANT TO
   45  THE PROVISIONS OF THIS SECTION.
   46    4. THE MEMBERS OF A COMMISSION SHALL DESIGNATE ONE MEMBER TO SERVE  AS
   47  CHAIRPERSON FOR A PERIOD OF TWO YEARS OR UNTIL HIS OR HER TERM OF OFFICE
   48  EXPIRES, WHICHEVER PERIOD IS SHORTER.
   49    5. EACH MEMBER OF A COMMISSION SHALL BE ENTITLED TO RECEIVE HIS OR HER
   50  ACTUAL  AND  NECESSARY  EXPENSES INCURRED IN THE DISCHARGE OF HIS OR HER
   51  DUTIES.
   52    6. SEVEN MEMBERS OF A COMMISSION SHALL CONSTITUTE A QUORUM.
   53    S 6306-B. FUNCTIONS OF THE COMMISSIONS. 1. EACH COMMISSION SHALL:
   54    (A)  CONSIDER  AND  EVALUATE  THE  QUALIFICATIONS  OF  CANDIDATES  FOR
   55  APPOINTMENT  TO  THEIR STATE UNIVERSITY COMMUNITY COLLEGE LOCAL BOARD OF
   56  TRUSTEES AND, AS VACANCIES OCCUR ON A LOCAL BOARD,  SHALL  RECOMMEND  TO
       S. 3602                            10
    1  THE GOVERNOR AND LOCAL APPOINTING AUTHORITY PERSONS WHO BY THEIR CHARAC-
    2  TER,  TEMPERAMENT,  PROFESSIONAL APTITUDE AND EXPERIENCE ARE WELL QUALI-
    3  FIED TO BE A MEMBER OF SUCH STATE  UNIVERSITY  COMMUNITY  COLLEGE  LOCAL
    4  BOARD OF TRUSTEES. SUCH QUALIFICATIONS SHALL INCLUDE, BUT NOT BE LIMITED
    5  TO:  (1) A BACCALAUREATE DEGREE AS THE MINIMUM EDUCATIONAL CRITERIA; (2)
    6  FAMILIARITY WITH ADDRESSING POLICY ISSUES IN  A  UNIONIZED  ENVIRONMENT;
    7  (3)  UNDERSTANDING  OF PUBLIC SECTOR INTERGOVERNMENTAL RELATIONS AS THEY
    8  RELATE TO HIGHER EDUCATION INSTITUTIONS; (4) UNDERSTANDING OF AND FAMIL-
    9  IARITY WITH THE KINDS OF ISSUES ARISING IN LARGE COMPLEX  ORGANIZATIONS;
   10  (5)  CURRENT  INTEREST  IN  THE  INSTITUTION; (6) A COMMITMENT TO PUBLIC
   11  HIGHER EDUCATION; (7) A GENERAL BACKGROUND THAT WOULD ALLOW THEM TO MAKE
   12  DECISIONS IN THE BEST INTERESTS OF THE INSTITUTION; (8)  AN  ABILITY  TO
   13  RECOGNIZE  THE  SOMETIMES  AMBIGUOUS  DISTINCTION BETWEEN MANAGEMENT AND
   14  GOVERNANCE; AND (9) AN ACTUAL AND PERCEIVED INDEPENDENCE FROM  POLITICAL
   15  INTERFERENCE IN THE GOVERNANCE OF THE INSTITUTION.
   16    (B) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
   17  FIED FOR APPOINTMENT TO A STATE UNIVERSITY COMMUNITY COLLEGE LOCAL BOARD
   18  OF  TRUSTEES,  OTHER  THAN THOSE WHO HAVE REQUESTED CONSIDERATION OR WHO
   19  HAVE BEEN RECOMMENDED FOR CONSIDERATION BY OTHERS BE ENCOURAGED TO AGREE
   20  TO BE CONSIDERED BY THE COMMISSION.
   21    (C) REQUIRE THE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS  OR  OTHER
   22  EVIDENCE  THAT  IT  MAY  DEEM  RELEVANT OR MATERIAL TO ITS EVALUATION OF
   23  CANDIDATES.
   24    (D) REQUIRE FROM  ANY  COURT,  DEPARTMENT,  DIVISION,  BOARD,  BUREAU,
   25  COMMISSION,  OR  OTHER  AGENCY OF THE STATE, LOCAL GOVERNMENT OR MUNICI-
   26  PALITY, OR POLITICAL SUBDIVISION THEREOF OR ANY  PUBLIC  AUTHORITY  SUCH
   27  ASSISTANCE, INFORMATION AND DATA, AS WILL ENABLE IT PROPERLY TO EVALUATE
   28  THE QUALIFICATIONS OF CANDIDATES.
   29    (E)  REQUIRE  THE  APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
   30  ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
   31    (F) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
   32  CANDIDATE WHOM IT HAS RECOMMENDED TO THE GOVERNOR AND  COMMUNICATE  WITH
   33  THE  SENATE  CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE APPOINTED BY
   34  THE GOVERNOR.
   35    (G) COMMUNICATE WITH THE LOCAL  APPOINTING  AUTHORITY  CONCERNING  THE
   36  QUALIFICATIONS  OF  ANY  CANDIDATE WHOM IT  HAS RECOMMENDED TO THE LOCAL
   37  APPOINTING AUTHORITY.
   38    (H) DO ALL OTHER THINGS NECESSARY AND  CONVENIENT  TO  CARRY  OUT  ITS
   39  FUNCTIONS PURSUANT TO THIS ARTICLE.
   40    2. A RECOMMENDATION TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF A
   41  QUORUM  OF  A  COMMISSION.  THE RECOMMENDATIONS TO THE GOVERNOR SHALL BE
   42  TRANSMITTED TO THE GOVERNOR IN A SINGLE WRITTEN REPORT, WHICH  SHALL  BE
   43  RELEASED  TO THE PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED TO
   44  THE GOVERNOR. THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE  CHAIR-
   45  PERSON,  AND  SHALL  INCLUDE  THE  COMMISSION'S FINDINGS RELATING TO THE
   46  CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALIFICA-
   47  TIONS AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE GOVERNOR.
   48    3.  A RECOMMENDATION TO A LOCAL APPOINTING AUTHORITY SHALL REQUIRE THE
   49  CONCURRENCE OF A QUORUM OF A  COMMISSION.  RECOMMENDATIONS  TO  A  LOCAL
   50  APPOINTING  AUTHORITY  SHALL  BE  TRANSMITTED  TO  THE  LOCAL APPOINTING
   51  AUTHORITY IN A SINGLE WRITTEN REPORT, WHICH SHALL  BE  RELEASED  TO  THE
   52  PUBLIC  BY  THE  COMMISSION  AT  THE  TIME  IT IS SUBMITTED TO THE LOCAL
   53  APPOINTING AUTHORITY. THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE
   54  CHAIRPERSON, AND SHALL INCLUDE THE COMMISSION'S FINDINGS RELATING TO THE
   55  CHARACTER, TEMPERAMENT, PROFESSIONAL  APTITUDE,  EXPERIENCE,  QUALIFICA-
       S. 3602                            11
    1  TIONS  AND  FITNESS  OF  EACH  CANDIDATE WHO IS RECOMMENDED TO THE LOCAL
    2  APPOINTING AUTHORITY.
    3    4.  NO PERSON SHALL BE RECOMMENDED TO THE GOVERNOR OR A LOCAL APPOINT-
    4  ING AUTHORITY WHO HAS NOT CONSENTED TO BE A CANDIDATE, WHO HAS NOT  BEEN
    5  PERSONALLY  INTERVIEWED BY A QUORUM OF THE MEMBERSHIP OF A COMMISSION AS
    6  PROVIDED IN SUBDIVISION SIX OF SECTION SIXTY-THREE HUNDRED SIX-A OF THIS
    7  ARTICLE, AND WHO HAS NOT FILED A FINANCIAL STATEMENT WITH A  COMMISSION,
    8  ON  A  FORM  TO BE PRESCRIBED BY THE COMMISSION. THE FINANCIAL STATEMENT
    9  SHALL CONSIST OF A SWORN STATEMENT OF THE  CANDIDATE'S  ASSETS,  LIABIL-
   10  ITIES  AND  SOURCES OF INCOME, AND ANY OTHER RELEVANT FINANCIAL INFORMA-
   11  TION, WHICH A COMMISSION MAY REQUIRE. EACH COMMISSION SHALL TRANSMIT  TO
   12  THE  GOVERNOR  THE  FINANCIAL  STATEMENT  FILED BY EACH CANDIDATE WHO IS
   13  RECOMMENDED TO THE GOVERNOR. THE GOVERNOR SHALL MAKE  AVAILABLE  TO  THE
   14  PUBLIC  THE  FINANCIAL STATEMENT FILED BY THE CANDIDATE WHO IS APPOINTED
   15  TO FILL A VACANCY. THE FINANCIAL STATEMENTS FILED BY  ALL  OTHER  CANDI-
   16  DATES RECOMMENDED TO THE GOVERNOR, BUT NOT APPOINTED BY HIM OR HER SHALL
   17  BE  CONFIDENTIAL.  THE COMMISSION SHALL TRANSMIT TO THE LOCAL APPOINTING
   18  AUTHORITY THE FINANCIAL STATEMENT FILED BY EACH CANDIDATE WHO IS  RECOM-
   19  MENDED TO THE LOCAL APPOINTING AUTHORITY. THE LOCAL APPOINTING AUTHORITY
   20  SHALL  MAKE AVAILABLE TO THE PUBLIC THE FINANCIAL STATEMENT FILED BY THE
   21  CANDIDATE WHO IS APPOINTED TO FILL A VACANCY. THE  FINANCIAL  STATEMENTS
   22  FILED  BY  ALL  OTHER  CANDIDATES  RECOMMENDED  TO  THE LOCAL APPOINTING
   23  AUTHORITY, BUT NOT APPOINTED BY SUCH AUTHORITY, SHALL BE CONFIDENTIAL.
   24    S 6306-C. RULES OF THE COMMISSIONS. 1. EACH  COMMISSION  SHALL  ADOPT,
   25  AND MAY AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT WITH LAW.
   26    2.  RULES OF EACH COMMISSION SHALL BE FILED WITH THE CHANCELLOR OF THE
   27  STATE UNIVERSITY OF NEW YORK AND SHALL  BE  PUBLISHED  IN  THE  OFFICIAL
   28  COMPILATION  OF  CODES, RULES AND REGULATIONS OF THE STATE. UPON REQUEST
   29  OF ANY PERSON, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK  SHALL
   30  FURNISH A COPY OF ANY COMMISSION'S RULES WITHOUT CHARGE.
   31    3.  RULES OF EACH COMMISSION MAY PRESCRIBE FORMS AND QUESTIONNAIRES TO
   32  BE COMPLETED AND, IF REQUIRED BY ANY COMMISSION, VERIFIED BY CANDIDATES.
   33    4. RULES OF EACH COMMISSION SHALL PROVIDE THAT UPON THE COMPLETION  BY
   34  THE COMMISSION OF ITS CONSIDERATION AND EVALUATION OF THE QUALIFICATIONS
   35  OF  A CANDIDATE, THERE SHALL BE NO RECONSIDERATION OF SUCH CANDIDATE FOR
   36  THE VACANCY FOR WHICH HE OR SHE WAS CONSIDERED, EXCEPT WITH THE  CONCUR-
   37  RENCE OF A QUORUM OF THE COMMISSION.
   38    S  6306-D. CONFIDENTIALITY OF PROCEEDINGS AND RECORDS. 1. ALL COMMUNI-
   39  CATIONS TO EACH COMMISSION, AND THEIR PROCEEDINGS, AND ALL APPLICATIONS,
   40  CORRESPONDENCE, INTERVIEWS, TRANSCRIPTS, REPORTS AND ALL  OTHER  PAPERS,
   41  FILES  AND  RECORDS  OF EACH COMMISSION SHALL BE CONFIDENTIAL AND PRIVI-
   42  LEGED AND, EXCEPT FOR THE PURPOSES OF ARTICLE TWO  HUNDRED  TEN  OF  THE
   43  PENAL LAW, SHALL NOT BE MADE AVAILABLE TO ANY PERSON EXCEPT AS OTHERWISE
   44  PROVIDED IN THIS ARTICLE.
   45    2. THE GOVERNOR SHALL HAVE ACCESS TO ALL PAPERS AND INFORMATION RELAT-
   46  ING  TO CANDIDATES RECOMMENDED TO HIM OR HER BY EACH COMMISSION. A LOCAL
   47  APPOINTING AUTHORITY SHALL HAVE ACCESS TO  ALL  PAPERS  AND  INFORMATION
   48  RELATING  TO  CANDIDATES RECOMMENDED TO IT BY A COMMISSION. ALL INFORMA-
   49  TION THAT IS NOT PUBLICLY DISCLOSED IN ACCORDANCE WITH SUBDIVISIONS TWO,
   50  THREE AND FOUR OF SECTION SIXTY-THREE HUNDRED  SIX-B  OF  THIS  ARTICLE,
   51  SHALL  REMAIN  CONFIDENTIAL  AND  PRIVILEGED, EXCEPT FOR THE PURPOSES OF
   52  ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
   53    3. THE MEMBERS OF EACH COMMISSION SHALL NOT PUBLICLY DIVULGE THE NAMES
   54  OF, OR ANY INFORMATION CONCERNING, ANY  CANDIDATE  EXCEPT  AS  OTHERWISE
   55  PROVIDED IN THIS ARTICLE.
       S. 3602                            12
    1    S 9. Subdivision 1 of section 6306 of the education law, as amended by
    2  chapter 268 of the laws of 2003, is amended to read as follows:
    3    1.    Each community college, except in the city of New York, shall be
    4  administered by a board of trustees of ten members, nine of  whom  shall
    5  be appointed for terms of seven years in annual rotation, and one member
    6  elected  as  herein  provided, except that initial appointments shall be
    7  made for terms of one to nine years respectively. Five members shall  be
    8  appointed  by  the local legislative body or board, or other appropriate
    9  governing agency[, one of whom may be a member of such local legislative
   10  body or board, or other appropriate governing agency, four,];  PROVIDED,
   11  HOWEVER,  THAT  SUCH TRUSTEES, EXCEPT THE ONE MEMBER ELECTED BY AND FROM
   12  AMONG THE STUDENTS OF THE COLLEGE,  HAVE  BEEN  APPROVED  BY  THE  STATE
   13  UNIVERSITY  OF  NEW  YORK'S  COMMUNITY COLLEGE INDEPENDENT COMMISSION ON
   14  LOCAL BOARD OF TRUSTEES NOMINATIONS. NO SUCH  TRUSTEE,  EXCEPT  THE  ONE
   15  MEMBER  ELECTED  BY AND FROM AMONG THE STUDENTS OF THE COLLEGE, SHALL BE
   16  AN EMPLOYEE OF, OR UNDER THE SUPERVISION  OF,  ANY  OF  SUCH  APPOINTING
   17  AUTHORITIES. FOUR MEMBERS SHALL BE APPOINTED from among persons residing
   18  in the sponsoring community, by the governor [and one]; PROVIDED, HOWEV-
   19  ER,  THAT SUCH TRUSTEES, EXCEPT THE ONE MEMBER ELECTED BY AND FROM AMONG
   20  THE STUDENTS OF THE COLLEGE, HAVE BEEN APPROVED BY THE STATE  UNIVERSITY
   21  OF NEW YORK'S COMMUNITY COLLEGE INDEPENDENT COMMISSION ON LOCAL BOARD OF
   22  TRUSTEES  NOMINATIONS. NO SUCH TRUSTEE, EXCEPT THE ONE MEMBER ELECTED BY
   23  AND FROM AMONG THE STUDENTS OF THE COLLEGE, SHALL BE AN EMPLOYEE OF,  OR
   24  UNDER THE SUPERVISION OF, ANY OF SUCH APPOINTING AUTHORITIES. ONE member
   25  SHALL BE elected by and from among the students of the college who shall
   26  serve  as  a member of the board for a one-year term, provided, however,
   27  that the term of the student member first elected shall be  nine  months
   28  commencing  October  first,  nineteen  hundred seventy-five. The student
   29  member shall be  afforded  the  same  parliamentary  privileges  as  are
   30  conferred upon voting members, including but not limited to the right to
   31  make  and  second motions and to place items on the agenda. Such student
   32  member shall be subject to every provision of any  general,  special  or
   33  local  law, ordinance, charter, code, rule or regulation applying to the
   34  members of such board with respect to  the  discharge  of  their  duties
   35  including,  but  not limited to, those provisions setting forth codes of
   36  ethics, disclosure requirements and  prohibiting  business  and  profes-
   37  sional activities. The election of the student member shall be conducted
   38  in  accordance  with rules and regulations promulgated by the respective
   39  representative campus student association in accordance with  guidelines
   40  established  by  the  state  university  trustees. In the event that the
   41  student member ceases to be a student at the institution,  he  shall  be
   42  required  to  resign.  The  governor's initial appointments shall be for
   43  terms of two, four, six and eight years respectively and those by  local
   44  authorities  for terms of one, three, five, seven and nine years respec-
   45  tively. Vacancies shall be filled for unexpired terms in the same manner
   46  as original selections by the authority  responsible  for  the  original
   47  selection.  The  board  shall select its own [chairman] CHAIRPERSON from
   48  among its voting membership. Where two or more local  sponsors  join  in
   49  the  establishment  of  a  community  college,  the apportionment of the
   50  appointments among them shall be made by the state university  trustees.
   51  Trustees  shall  receive no compensation for their services but shall be
   52  reimbursed for their expenses actually and necessarily incurred by  them
   53  in the performance of their duties under this article. Members initially
   54  appointed  or elected under this subdivision to the board of trustees of
   55  any community college hereafter established shall take office immediate-
   56  ly upon their selection and qualification, but for purposes of determin-
       S. 3602                            13
    1  ing the expiration of their respective terms and the commencement of the
    2  terms of their successors, the term  of  office  of  each  such  initial
    3  member shall be deemed to have commenced on the first day of July of the
    4  year  in  which such college was established. The terms of office of all
    5  members of the boards  of  trustees  of  community  colleges  heretofore
    6  established, appointed or elected as provided in this subdivision, shall
    7  terminate on the thirtieth day of June of the calendar year within which
    8  such  terms  expire  under  the provisions of this subdivision as hereby
    9  amended. For the purpose of determining such year all initial  terms  of
   10  office  of  appointed  members  of  the  boards of trustees of community
   11  colleges heretofore established shall be deemed to have commenced on the
   12  first day of July of the year in which such  colleges  were  established
   13  and  the  terms  of  their  successors  for full terms, if any, shall be
   14  deemed to have commenced upon the expiration of the number of years from
   15  such date for which such initial appointments were made.
   16    The one member elected by and from among the students of  the  college
   17  may be removed by such students in accordance with rules and regulations
   18  promulgated  by the respective representative campus student association
   19  in accordance with guidelines promulgated by the state university  trus-
   20  tees. In the case of community colleges in the city of New York the year
   21  in  which  any  such  college  was  established for the purposes of this
   22  subdivision shall mean the year in which it was  or  may  be  determined
   23  that its board of trustees be appointed and serve in the manner provided
   24  by this subdivision.
   25    The  provisions  of  this  subdivision  shall  not  apply to community
   26  college regional boards of trustees.
   27    S 10. The education law is amended by adding four new sections 6310-a,
   28  6310-b, 6310-c and 6310-d to read as follows:
   29    S 6310-A.  ORGANIZATION OF REGIONAL COMMISSIONS. 1. FOR EACH COMMUNITY
   30  COLLEGE REGION AND COMMUNITY COLLEGE SPONSORED BY SUCH REGION, THERE  IS
   31  HEREBY  ESTABLISHED  A  STATE  UNIVERSITY OF NEW YORK REGIONAL COMMUNITY
   32  COLLEGE INDEPENDENT COMMISSION ON LOCAL BOARD OF  TRUSTEES  NOMINATIONS.
   33  EACH  COMMISSION  SHALL  CONSIST OF ELEVEN MEMBERS OF WHOM FOUR SHALL BE
   34  APPOINTED BY THE GOVERNOR,  FIVE  MEMBERS  SHALL  BE  APPOINTED  BY  THE
   35  REGIONAL  APPOINTING AUTHORITY, ONE MEMBER APPOINTED BY THE PRESIDENT OF
   36  THE FACULTY COUNCIL OF COMMUNITY COLLEGES AND ONE MEMBER ELECTED BY  AND
   37  FROM AMONG THE STUDENTS OF THE COLLEGE. OF THE FOUR MEMBERS APPOINTED BY
   38  THE  GOVERNOR,  NO MORE THAN TWO SHALL BE ENROLLED IN THE SAME POLITICAL
   39  PARTY AND TWO OF SUCH MEMBERS SHALL BE GRADUATES OF THE STATE UNIVERSITY
   40  SYSTEM. OF THE FIVE MEMBERS APPOINTED BY THE REGIONAL APPOINTING AUTHOR-
   41  ITY NO MORE THAN THREE SHALL BE ENROLLED IN THE SAME POLITICAL PARTY. NO
   42  MEMBER OF A REGIONAL COMMISSION SHALL HOLD ANY ELECTED PUBLIC OFFICE  OR
   43  OFFICE  IN  ANY  POLITICAL PARTY OR SHALL BE AN EMPLOYEE OF OR UNDER THE
   44  SUPERVISION OF ANY PERSON WHO HOLDS SUCH ELECTED PUBLIC OFFICE OR OFFICE
   45  OF A POLITICAL PARTY. NO MEMBER OF A REGIONAL COMMISSION SHALL SERVE  IN
   46  ANY  PUBLIC OR POLITICAL PARTY. NO MEMBER OF A REGIONAL COMMISSION SHALL
   47  SERVE IN ANY PUBLIC OR POLITICAL OFFICE WITHIN ONE YEAR OF THE  MEMBER'S
   48  PERIOD  OF  SERVICE.    THE MEMBERS OF EACH REGIONAL COMMISSION SHALL BE
   49  RESIDENTS OF THE STATE.
   50    2. OF THE MEMBERS FIRST APPOINTED BY THE GOVERNOR, TWO  MEMBERS  SHALL
   51  SERVE  A  TWO-YEAR TERM AND TWO MEMBERS SHALL SERVE A THREE-YEAR TERM AS
   52  HE OR SHE SHALL  DESIGNATE.  OF  THE  MEMBERS  FIRST  APPOINTED  BY  THE
   53  REGIONAL  APPOINTING AUTHORITY, TWO MEMBERS SHALL SERVE A TWO-YEAR TERM,
   54  TWO MEMBERS SHALL SERVE A THREE-YEAR TERM AND ONE MEMBER SHALL  SERVE  A
   55  FOUR-YEAR TERM, AS SUCH LOCAL APPOINTING AUTHORITY SHALL DESIGNATE. EACH
   56  SUBSEQUENT  APPOINTMENT  BY  THE  GOVERNOR  AND  THE REGIONAL APPOINTING
       S. 3602                            14
    1  AUTHORITY SHALL BE FOR A TERM OF FOUR YEARS. THE MEMBER FIRST  APPOINTED
    2  BY  THE  PRESIDENT  OF  THE  FACULTY COUNCIL OF COMMUNITY COLLEGES SHALL
    3  SERVE A TWO-YEAR TERM. EACH SUBSEQUENT APPOINTMENT BY THE  PRESIDENT  OF
    4  THE  FACULTY  COUNCIL  SHALL  SERVE FOR A TERM OF FOUR YEARS. THE MEMBER
    5  FIRST ELECTED BY AND FROM AMONG THE STUDENTS OF THE COLLEGE SHALL  SERVE
    6  A  ONE-YEAR TERM. EACH SUBSEQUENT TERM FOR THE ELECTED MEMBER SHALL BE A
    7  ONE-YEAR TERM.
    8    3. A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINTMENT
    9  OR ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR  HER
   10  FOR  APPOINTMENT  TO, OR MEMBERSHIP ON, A REGIONAL COMMISSION. A VACANCY
   11  OCCURRING FOR ANY REASON OTHER THAN  BY  EXPIRATION  OF  TERM  SHALL  BE
   12  FILLED  BY  THE  REGIONAL  APPOINTING AUTHORITY FOR THE REMAINDER OF THE
   13  UNEXPIRED TERM PURSUANT TO THE PROVISIONS OF THIS SECTION.
   14    4. THE MEMBERS OF EACH REGIONAL COMMISSION SHALL DESIGNATE ONE  MEMBER
   15  TO  SERVE  AS  CHAIRPERSON FOR A PERIOD OF TWO YEARS OR UNTIL HIS OR HER
   16  TERM OF OFFICE EXPIRES, WHICHEVER PERIOD IS SHORTER.
   17    5. EACH MEMBER OF A REGIONAL COMMISSION SHALL BE ENTITLED  TO  RECEIVE
   18  HIS  OR  HER  ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF
   19  HIS OR HER DUTIES.
   20    6. SEVEN MEMBERS OF A REGIONAL COMMISSION SHALL CONSTITUTE A QUORUM.
   21    S 6310-B. FUNCTIONS OF REGIONAL COMMISSIONS. 1. EACH REGIONAL  COMMIS-
   22  SION:
   23    (A)  SHALL  CONSIDER AND EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR
   24  APPOINTMENT TO THEIR STATE UNIVERSITY REGIONAL COMMUNITY  COLLEGE  LOCAL
   25  BOARD  OF  TRUSTEES  AND,  AS VACANCIES OCCUR ON A REGIONAL LOCAL BOARD,
   26  SHALL RECOMMEND  TO  THE  GOVERNOR  AND  REGIONAL  APPOINTING  AUTHORITY
   27  PERSONS  WHO  BY THEIR CHARACTER, TEMPERAMENT, PROFESSIONAL APTITUDE AND
   28  EXPERIENCE ARE WELL QUALIFIED TO BE A MEMBER OF  SUCH  STATE  UNIVERSITY
   29  REGIONAL  COMMUNITY COLLEGE LOCAL BOARD OF TRUSTEES. SUCH QUALIFICATIONS
   30  SHALL INCLUDE, BUT NOT BE LIMITED TO: (1) A BACCALAUREATE DEGREE AS  THE
   31  MINIMUM  EDUCATIONAL  CRITERIA;  (2)  FAMILIARITY WITH ADDRESSING POLICY
   32  ISSUES IN A UNIONIZED ENVIRONMENT; (3) UNDERSTANDING  OF  PUBLIC  SECTOR
   33  INTERGOVERNMENTAL  RELATIONS  AS  THEY RELATE TO HIGHER EDUCATION INSTI-
   34  TUTIONS; (4) UNDERSTANDING OF AND FAMILIARITY WITH THE KINDS  OF  ISSUES
   35  ARISING  IN  LARGE  COMPLEX  ORGANIZATIONS;  (5) CURRENT INTEREST IN THE
   36  INSTITUTION; (6) A COMMITMENT TO PUBLIC HIGHER EDUCATION; (7) A  GENERAL
   37  BACKGROUND THAT WOULD ALLOW THEM TO MAKE DECISIONS IN THE BEST INTERESTS
   38  OF  THE INSTITUTION; (8) AN ABILITY TO RECOGNIZE THE SOMETIMES AMBIGUOUS
   39  DISTINCTION BETWEEN MANAGEMENT AND GOVERNANCE; AND  (9)  AN  ACTUAL  AND
   40  PERCEIVED  INDEPENDENCE FROM POLITICAL INTERFERENCE IN THE GOVERNANCE OF
   41  THE INSTITUTION.
   42    (B) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
   43  FIED FOR APPOINTMENT TO A STATE UNIVERSITY  REGIONAL  COMMUNITY  COLLEGE
   44  LOCAL  BOARD  OF TRUSTEES, OTHER THAN THOSE WHO HAVE REQUESTED CONSIDER-
   45  ATION OR WHO HAVE BEEN RECOMMENDED  FOR  CONSIDERATION  BY  OTHERS,  ARE
   46  ENCOURAGED TO AGREE TO BE CONSIDERED BY THE REGIONAL COMMISSION.
   47    (C)  REQUIRE  THE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS OR OTHER
   48  EVIDENCE THAT IT MAY DEEM RELEVANT OR  MATERIAL  TO  ITS  EVALUATION  OF
   49  CANDIDATES.
   50    (D)  REQUIRE  FROM  ANY  COURT,  DEPARTMENT,  DIVISION, BOARD, BUREAU,
   51  COMMISSION, OR OTHER AGENCY OF THE STATE, LOCAL  GOVERNMENT  OR  MUNICI-
   52  PALITY,  OR  POLITICAL  SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY SUCH
   53  ASSISTANCE, INFORMATION AND DATA, AS WILL ENABLE IT PROPERLY TO EVALUATE
   54  THE QUALIFICATIONS OF CANDIDATES.
   55    (E) REQUIRE THE APPEARANCE OF ANY CANDIDATE BEFORE  IT  AND  INTERVIEW
   56  ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
       S. 3602                            15
    1    (F) COMMUNICATE WITH THE GOVERNOR CONCERNING THE QUALIFICATIONS OF ANY
    2  CANDIDATE  WHOM  IT HAS RECOMMENDED TO THE GOVERNOR AND COMMUNICATE WITH
    3  THE SENATE CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE  APPOINTED  BY
    4  THE GOVERNOR.
    5    (G)  COMMUNICATE WITH THE REGIONAL APPOINTING AUTHORITY CONCERNING THE
    6  QUALIFICATIONS OF ANY CANDIDATE WHOM IT HAS RECOMMENDED TO THE  REGIONAL
    7  APPOINTING AUTHORITY.
    8    (H)  DO  ALL  OTHER  THINGS  NECESSARY AND CONVENIENT TO CARRY OUT ITS
    9  FUNCTIONS PURSUANT TO THIS ARTICLE.
   10    2. A RECOMMENDATION TO THE GOVERNOR SHALL REQUIRE THE CONCURRENCE OF A
   11  QUORUM OF A REGIONAL COMMISSION. THE  RECOMMENDATIONS  TO  THE  GOVERNOR
   12  SHALL  BE  TRANSMITTED TO THE GOVERNOR IN A SINGLE WRITTEN REPORT, WHICH
   13  SHALL BE RELEASED TO THE PUBLIC BY THE COMMISSION  AT  THE  TIME  IT  IS
   14  SUBMITTED  TO  THE GOVERNOR. THE REPORT SHALL BE IN WRITING, SIGNED ONLY
   15  BY THE CHAIRPERSON, AND SHALL INCLUDE THE COMMISSION'S FINDINGS RELATING
   16  TO THE CHARACTER, TEMPERAMENT, PROFESSIONAL APTITUDE, EXPERIENCE, QUALI-
   17  FICATIONS AND FITNESS OF EACH CANDIDATE WHO IS RECOMMENDED TO THE GOVER-
   18  NOR.
   19    3. A RECOMMENDATION TO A REGIONAL APPOINTING AUTHORITY  SHALL  REQUIRE
   20  THE CONCURRENCE OF A QUORUM OF A REGIONAL COMMISSION. RECOMMENDATIONS TO
   21  A  REGIONAL  APPOINTING  AUTHORITY  SHALL BE TRANSMITTED TO THE REGIONAL
   22  APPOINTING AUTHORITY IN A SINGLE WRITTEN REPORT, WHICH SHALL BE RELEASED
   23  TO THE PUBLIC BY THE REGIONAL COMMISSION AT THE TIME IT IS SUBMITTED  TO
   24  THE  REGIONAL  APPOINTING  AUTHORITY.  THE  REPORT  SHALL BE IN WRITING,
   25  SIGNED ONLY BY THE CHAIRPERSON, AND SHALL INCLUDE THE  REGIONAL  COMMIS-
   26  SION'S  FINDINGS  RELATING  TO  THE CHARACTER, TEMPERAMENT, PROFESSIONAL
   27  APTITUDE, EXPERIENCE, QUALIFICATIONS AND FITNESS OF EACH  CANDIDATE  WHO
   28  IS RECOMMENDED TO A REGIONAL APPOINTING AUTHORITY.
   29    4.  NO  PERSON  SHALL  BE  RECOMMENDED  TO  THE GOVERNOR OR A REGIONAL
   30  APPOINTING AUTHORITY WHO HAS NOT CONSENTED TO BE A  CANDIDATE,  WHO  HAS
   31  NOT  BEEN  PERSONALLY  INTERVIEWED  BY  A  QUORUM OF THE MEMBERSHIP OF A
   32  REGIONAL COMMISSION AS  PROVIDED  FOR  BY  SUBDIVISION  SIX  OF  SECTION
   33  SIXTY-THREE  HUNDRED  TEN-A  OF  THIS  ARTICLE,  AND WHO HAS NOT FILED A
   34  FINANCIAL STATEMENT  WITH  A  REGIONAL  COMMISSION,  ON  A  FORM  TO  BE
   35  PRESCRIBED  BY  THE  REGIONAL  COMMISSION. THE FINANCIAL STATEMENT SHALL
   36  CONSIST OF A SWORN STATEMENT OF THE CANDIDATE'S ASSETS, LIABILITIES  AND
   37  SOURCES OF INCOME, AND ANY OTHER RELEVANT FINANCIAL INFORMATION, WHICH A
   38  REGIONAL COMMISSION MAY REQUIRE. EACH REGIONAL COMMISSION SHALL TRANSMIT
   39  TO  THE  GOVERNOR THE FINANCIAL STATEMENT FILED BY EACH CANDIDATE WHO IS
   40  RECOMMENDED TO THE GOVERNOR.  THE GOVERNOR SHALL MAKE AVAILABLE  TO  THE
   41  PUBLIC  THE  FINANCIAL STATEMENT FILED BY THE CANDIDATE WHO IS APPOINTED
   42  TO FILL A VACANCY. THE FINANCIAL STATEMENTS FILED BY  ALL  OTHER  CANDI-
   43  DATES RECOMMENDED TO THE GOVERNOR, BUT NOT APPOINTED BY HIM OR HER SHALL
   44  BE  CONFIDENTIAL. THE REGIONAL COMMISSION SHALL TRANSMIT TO THE REGIONAL
   45  APPOINTING AUTHORITY THE FINANCIAL STATEMENT FILED BY EACH CANDIDATE WHO
   46  IS RECOMMENDED  TO  THE  REGIONAL  APPOINTING  AUTHORITY.  THE  REGIONAL
   47  APPOINTING  AUTHORITY  SHALL  MAKE AVAILABLE TO THE PUBLIC THE FINANCIAL
   48  STATEMENT FILED BY THE CANDIDATE WHO IS APPOINTED TO FILL A VACANCY. THE
   49  FINANCIAL STATEMENTS FILED BY ALL OTHER CANDIDATES  RECOMMENDED  TO  THE
   50  REGIONAL  APPOINTING  AUTHORITY,  BUT  NOT  APPOINTED BY SUCH AUTHORITY,
   51  SHALL BE CONFIDENTIAL.
   52    S 6310-C. RULES OF REGIONAL COMMISSIONS. 1. EACH  REGIONAL  COMMISSION
   53  SHALL  ADOPT, AND MAY AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT
   54  WITH LAW.
   55    2. RULES OF EACH REGIONAL COMMISSION SHALL BE FILED WITH THE  CHANCEL-
   56  LOR  OF  THE  STATE UNIVERSITY OF NEW YORK AND SHALL BE PUBLISHED IN THE
       S. 3602                            16
    1  OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE.  UPON
    2  REQUEST  OF  ANY  PERSON,  THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
    3  YORK SHALL FURNISH A COPY OF ANY  REGIONAL  COMMISSION'S  RULES  WITHOUT
    4  CHARGE.
    5    3. RULES OF EACH REGIONAL COMMISSION MAY PRESCRIBE FORMS AND QUESTION-
    6  NAIRES  TO  BE  COMPLETED  AND,  IF REQUIRED BY ANY REGIONAL COMMISSION,
    7  VERIFIED BY CANDIDATES.
    8    4. RULES OF EACH REGIONAL  COMMISSION  SHALL  PROVIDE  THAT  UPON  THE
    9  COMPLETION  BY  THE  REGIONAL COMMISSION OF ITS CONSIDERATION AND EVALU-
   10  ATION OF THE QUALIFICATIONS OF A CANDIDATE, THERE SHALL BE NO  RECONSID-
   11  ERATION  OF  SUCH  CANDIDATE  FOR  THE  VACANCY  FOR WHICH HE OR SHE WAS
   12  CONSIDERED, EXCEPT WITH THE CONCURRENCE OF  A  QUORUM  OF  THE  REGIONAL
   13  COMMISSION.
   14    S  6310-D. CONFIDENTIALITY OF PROCEEDINGS AND RECORDS. 1. ALL COMMUNI-
   15  CATIONS TO EACH REGIONAL COMMISSION,  AND  THEIR  PROCEEDINGS,  AND  ALL
   16  APPLICATIONS,  CORRESPONDENCE,  INTERVIEWS, TRANSCRIPTS, REPORTS AND ALL
   17  OTHER PAPERS, FILES AND RECORDS OF EACH  REGIONAL  COMMISSION  SHALL  BE
   18  CONFIDENTIAL  AND PRIVILEGED AND, EXCEPT FOR THE PURPOSES OF ARTICLE TWO
   19  HUNDRED TEN OF THE PENAL LAW, SHALL NOT BE MADE AVAILABLE TO ANY  PERSON
   20  EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE.
   21    2. THE GOVERNOR SHALL HAVE ACCESS TO ALL PAPERS AND INFORMATION RELAT-
   22  ING TO CANDIDATES RECOMMENDED TO HIM OR HER BY EACH REGIONAL COMMISSION.
   23  A  REGIONAL  APPOINTING  AUTHORITY  SHALL  HAVE ACCESS TO ALL PAPERS AND
   24  INFORMATION RELATING TO CANDIDATES  RECOMMENDED  TO  IT  BY  A  REGIONAL
   25  COMMISSION. ALL INFORMATION THAT IS NOT PUBLICLY DISCLOSED IN ACCORDANCE
   26  WITH  SUBDIVISIONS  TWO,  THREE  AND FOUR OF SECTION SIXTY-THREE HUNDRED
   27  TEN-B OF THIS ARTICLE, SHALL REMAIN CONFIDENTIAL AND PRIVILEGED,  EXCEPT
   28  FOR THE PURPOSES OF ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
   29    3.  THE MEMBERS OF EACH REGIONAL COMMISSION SHALL NOT PUBLICLY DIVULGE
   30  THE NAMES OF, OR ANY INFORMATION CONCERNING,  ANY  CANDIDATE  EXCEPT  AS
   31  OTHERWISE PROVIDED IN THIS ARTICLE.
   32    S  11.  Subdivision 1 of section 6310 of the education law, as amended
   33  by chapter 268 of the laws of 2003, is amended to read as follows:
   34    1. Each community college region and community  college  sponsored  by
   35  such region shall be administered by a single board of trustees of four-
   36  teen  members,  thirteen  of  whom shall be appointed for terms of seven
   37  years, as set forth in this subdivision, and one member elected as here-
   38  in provided, except that initial appointments shall be made for terms of
   39  one to nine years respectively. Seven members shall be appointed by  the
   40  local legislative bodies or boards of those counties eligible to appoint
   41  members  to  the community college regional board of trustees; PROVIDED,
   42  HOWEVER, THAT SUCH TRUSTEES, EXCEPT THE ONE MEMBER ELECTED BY  AND  FROM
   43  AMONG THE STUDENTS OF THE COLLEGE, HAVE BEEN RECOMMENDED AND APPROVED BY
   44  THE  STATE  UNIVERSITY  OF NEW YORK'S REGIONAL INDEPENDENT COMMISSION ON
   45  LOCAL BOARD OF TRUSTEES NOMINATIONS. NO SUCH  TRUSTEE,  EXCEPT  THE  ONE
   46  MEMBER  ELECTED  BY AND FROM AMONG THE STUDENTS OF THE COLLEGE, SHALL BE
   47  AN EMPLOYEE OF, OR UNDER THE SUPERVISION OF SUCH APPOINTING AUTHORITIES.
   48  [The seven locally appointed members  of  such  board  may  include  one
   49  member  from the local legislative body or board of each county eligible
   50  to appoint members to the community college regional board of trustees.]
   51  Membership in a community college regional board of  trustees  shall  be
   52  apportioned among the counties participating in such board in accordance
   53  with  the  number of full-time equivalent students attending a community
   54  college sponsored by such  regional  board  who  are  residents  of  the
   55  respective  participating  counties, and in accordance with such further
   56  regulations as may be prescribed by the state university  trustees.  Six
       S. 3602                            17
    1  members shall be appointed by the governor [and one]; PROVIDED, HOWEVER,
    2  THAT  SUCH TRUSTEES, EXCEPT THE ONE MEMBER ELECTED BY AND FROM AMONG THE
    3  STUDENTS OF THE COLLEGE, HAVE BEEN APPROVED BY THE STATE  UNIVERSITY  OF
    4  NEW  YORK'S  REGIONAL  COMMUNITY COLLEGE INDEPENDENT COMMISSION ON LOCAL
    5  BOARD OF TRUSTEES NOMINATIONS. NO SUCH TRUSTEE, EXCEPT  THE  ONE  MEMBER
    6  ELECTED  BY  AND  FROM  AMONG  THE  STUDENTS OF THE COLLEGE, SHALL BE AN
    7  EMPLOYEE OF, OR UNDER THE SUPERVISION OF, ANY OF SUCH APPOINTING AUTHOR-
    8  ITIES. ONE member SHALL BE elected by and from among the students of the
    9  college who shall serve as a member of the board for  a  one-year  term,
   10  provided,  however,  that  the  term of the student member first elected
   11  shall be nine months commencing October first, nineteen hundred  eighty-
   12  four. The student member shall be afforded the same parliamentary privi-
   13  leges  as  are  conferred upon members, including but not limited to the
   14  right to make and second motions and to place items on the agenda.  Such
   15  student  member  shall  be  subject  to  every provision of any general,
   16  special or local law,  ordinance,  charter,  code,  rule  or  regulation
   17  applying  to  the members of such board with respect to the discharge of
   18  their duties including, but not limited  to,  those  provisions  setting
   19  forth  codes of ethics, disclosure requirements and prohibiting business
   20  and professional activities. The election of the student member shall be
   21  conducted in accordance with rules and regulations  promulgated  by  the
   22  respective  representative campus student association in accordance with
   23  guidelines established by the state university trustees.  In  the  event
   24  that  the  student  member ceases to be a student at the institution, he
   25  shall be required to resign. The governor's initial  appointments  shall
   26  be  as  follows: (a) two individuals shall be appointed for terms of two
   27  and four years respectively; (b) two individuals for terms of six  years
   28  and  two  individuals  for  terms  of eight years. Appointments by local
   29  authorities shall be as follows: (a) three individuals for terms of one,
   30  three and five years, respectively; (b) two  individuals  for  terms  of
   31  seven  years,  and  two  individuals  for terms of nine years. Vacancies
   32  shall be filled for unexpired terms  in  the  same  manner  as  original
   33  selections  by the authority responsible for the original selection. The
   34  board shall select its own [chairman] CHAIRPERSON from among its  voting
   35  membership.  Trustees  shall  receive no compensation for their services
   36  but shall be reimbursed for  their  expenses  actually  and  necessarily
   37  incurred  by them in the performance of their duties under this article.
   38  Members initially appointed or elected under  this  subdivision  to  any
   39  community college regional board of trustees hereafter established shall
   40  take  office immediately upon their selection and qualification, but for
   41  purposes of determining the expiration of their respective terms and the
   42  commencement of the terms of their successors, the  term  of  office  of
   43  each  such initial member shall be deemed to have commenced on the first
   44  day of July of the year in which such college was established. The terms
   45  of office of all members of community college regional boards  of  trus-
   46  tees  heretofore  established,  appointed or elected as provided in this
   47  subdivision, shall terminate on the thirtieth day of June of the  calen-
   48  dar  year  within  which  such terms expire under the provisions of this
   49  subdivision as hereby amended. For the purpose of determining such  year
   50  all  initial  terms  of  office  of  appointed  members of the community
   51  college regional board  of  trustees  heretofore  established  shall  be
   52  deemed  to  have commenced on the first day of July of the year in which
   53  such community college regions were established and the terms  of  their
   54  successors  for  full  terms,  if any, shall be deemed to have commenced
   55  upon the expiration of the number of years from such date for which such
   56  initial appointments were made.
       S. 3602                            18
    1    The one member elected by and from among the students of  the  college
    2  may be removed by such students in accordance with rules and regulations
    3  promulgated  by the respective representative campus student association
    4  in accordance with guidelines promulgated by the state university  trus-
    5  tees.
    6    S  12.  This  act  shall  take effect on the one hundred eightieth day
    7  after it shall have become a law and shall apply to appointments made on
    8  or after such effective date.