N.Y. Education Law § 356: Councils of state-operated institutions; powers and duties

§ 356. Councils of state-operated institutions; powers and duties. 1.

Subject to the general management, supervision and control of and in

accordance with rules established by the state university trustees, the

operations and affairs of each state-operated institution of the state

university shall be supervised locally by a council consisting of ten

members, nine of whom shall be appointed by the governor and one of whom

shall be elected by and from among the students of the institution. Such

voting 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. 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. One member shall be designated by the governor as

chairman. Where an undergraduate state-operated institution of the state

university is located adjacent to another institution of higher

education and students of such undergraduate state-operated institution

are, under arrangements made by the state university, taking a

substantial portion of their courses at such other institution, the

president or other head of such other institution shall be an ex-officio

member of the council for such undergraduate state-operated institution.

Initial appointments, other than the student member and ex-officio

members, shall be for terms expiring July first, nineteen hundred

fifty-four, July first, nineteen hundred fifty-five, July first,

nineteen hundred fifty-six, July first, nineteen hundred fifty-seven,

July first, nineteen hundred fifty-eight, July first, nineteen hundred

fifty-nine, July first, nineteen hundred sixty, July first, nineteen

hundred sixty-one and, where there is no ex-officio member, July first,

nineteen hundred sixty-two, respectively, and subsequent appointments,

other than the student member, shall be for a full term of nine years

from the first day of July of the calendar year in which the appointment

is made. Vacancies shall be filled for the unexpired term in the same

manner as original selections. The term of office for each council

member appointed on or after April first, nineteen hundred eighty-six

shall be seven years. The term of office for the student member shall be

one year commencing July first of the calendar year in which the

election is conducted, provided, however, that the term of the student

member first elected shall be nine months commencing October first,

nineteen hundred seventy-five and expiring June thirtieth, nineteen

hundred seventy-six. In the event that the student member ceases to be a

student at the institution, such member shall be required to resign.

Members of such councils appointed by the governor may be removed by the

governor. Members of such councils elected by the students of the

institution 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 trustees. Members of such councils shall receive no

compensation for their services but shall be reimbursed for the expenses

actually and necessarily incurred by them in the performance of their

duties hereunder.

2. The councils of state-operated institutions shall provide for

regular meetings at least four times annually, and the chair, or any

five members by petition, may at any time call a special meeting of the

council and fix the time and place therefor. At least seven days notice

of every meeting shall be mailed to the usual address of each member,

unless such notice be waived by a majority of the council. Resolutions

for the consideration of the councils must be mailed to the usual

address of each council member no less than seven days prior to a

meeting, unless the chair shall make available in writing on the day of

the meeting the facts which necessitate an immediate vote. The agenda

for such meetings shall be available three days prior to the meetings

and shall be considered public records. Five members attending shall

constitute a quorum for the transaction of business and the act of a

majority of the members present at any meeting shall be the act of the

council.

3. Subject to the general management, supervision, control and

approval of, and in accordance with rules established by the state

university trustees, the council of each state-operated institution

shall, with respect to the institution or institutions for which it

serves, exercise the following powers:

a. recommend to the state university trustees candidates for

appointment by the state university trustees as head of such

institution;

b. review all major plans of the head of such institution for its more

effective operation and make such recommendations with respect thereto

as it deems appropriate. Such plans shall be submitted for approval by

the state university trustees, together with the recommendations of the

council with respect thereto. The state university trustees shall

determine what constitute such major plans, which are hereby generally

defined to include, among others, plans for the appraisal or improvement

of the faculty and other personnel, expansion or restriction of student

admissions, appraisal or improvement of academic programs and of

standards for the earning of degrees, expansion of institutional plants

and appraisal or improvement of student activities and housing;

c. make regulations governing the care, custody and management of

lands, grounds, buildings and equipment;

d. review the proposed budget requests for such institution prepared

by the head thereof and recommend to the state university trustees a

budget for such institution;

e. foster the development of advisory citizens committees to render

such assistance as the council may request, and to appoint the members

of such citizens' committees. Members of such citizens' committees shall

receive no compensation for their services but shall be reimbursed for

the expenses actually and necessarily incurred by them in the

performance of their duties;

f. name buildings and grounds;

g. make regulations governing the conduct and behavior of students;

h. prescribe for and exercise supervision over student housing and

safety;

i. make an annual report to the state university trustees on or before

September first of each year, and report to them from time to time on

any matter it believes requires their attention;

j. perform such other powers and duties as may be authorized or

required by the state university trustees by general rules or special

directives; and

k. make and establish, and from time to time alter and amend, such

regulations pertaining to the affairs of its institution, not

inconsistent with law or the rules of the state university trustees, as

may be necessary or appropriate to carry out effectively the foregoing

powers and duties.