N.Y. Education Law § 6204: Board of trustees

§ 6204. Board of trustees. 1. The board of trustees shall govern and

administer the city university. The control of the educational work of

the city university shall rest solely in the board of trustees which

shall govern and administer all educational units of the city

university.

2. Structure of the board of trustees:

(a) The board of trustees shall consist of seventeen trustees. Ten of

the trustees shall be appointed by the governor with the advice and

consent of the senate. Five of the trustees shall be appointed by the

mayor of the city of New York with the advice and consent of the senate.

One ex-officio trustee shall be the chairperson of the university

student senate. One ex-officio non-voting trustee shall be the

chairperson of the university faculty senate.

(b) The ex-officio trustees shall be afforded the same parliamentary

privileges as are conferred upon the appointed trustees. The ex-officio

trustees shall be subject to every provision of any general, special or

local law, ordinance, charter, code, rule or regulation applying to the

appointed trustees of the 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 chair of the university faculty senate

shall not participate as a voting trustee in any matter.

(c) Except as provided in subparagraphs (i), (ii) and (iii) of this

paragraph, the term of office of each appointed trustee shall be seven

years renewable solely for one additional term of seven years.

(i) The members of the board of higher education in the city of New

York shall be and constitute the members of the board of trustees for

the period beginning July first, nineteen hundred seventy-nine and

ending December thirty-first, nineteen hundred seventy-nine.

(ii) Effective January first, nineteen hundred eighty, the governor

shall appoint one trustee to a term which expires on June thirtieth,

nineteen hundred eighty, two trustees to terms which expire on June

thirtieth, nineteen hundred eighty-one, one trustee to a term which

expires on June thirtieth, nineteen hundred eighty-two, two trustees to

terms which expire on June thirtieth, nineteen hundred eighty-three, one

trustee to a term which expires on June thirtieth, nineteen hundred

eighty-four, two trustees to terms which expire on June thirtieth,

nineteen hundred eighty-five, and one trustee to a term which expires on

June thirtieth, nineteen hundred eighty-six. Upon expirations of these

terms, the governor shall appoint trustees to full seven year terms.

(iii) Effective January first, nineteen hundred eighty, the mayor

shall appoint one trustee to a term which expires on June thirtieth,

nineteen hundred eighty, one trustee to a term which expires on June

thirtieth, nineteen hundred eighty-two, one trustee to a term which

expires on June thirtieth, nineteen hundred eighty-three, one trustee to

a term which expires on June thirtieth, nineteen hundred eighty-five,

and one trustee to a term which expires on June thirtieth, nineteen

hundred eighty-six. Upon expiration of the terms the mayor shall

appoint trustees to full seven year terms.

(d) A chairperson and a vice chairperson of the board of trustees

shall be appointed by and shall serve at the pleasure of the governor.

(e) At least four of the trustees initially appointed by the governor

and two of the trustees initially appointed by the mayor pursuant to

this subdivision shall be selected from among the persons serving on the

board of higher education in the city of New York, on and after January

first, nineteen hundred seventy-nine.

(f) The five trustees appointed by the mayor shall include at least

one resident of each of the five boroughs of the city of New York.

(g) The trustees appointed by the governor shall include at least one

resident of each of the five boroughs of the city of New York.

(h) The trustees appointed by the mayor shall include at least one

alumnus of an educational unit in the city university. The trustees

appointed by the governor shall include at least two alumnae of an

educational unit in the city university including at least one other

alumnus of a community college.

(i) In the event of a vacancy occurring in the office of trustee by

death, resignation or otherwise, a successor shall be chosen in the same

manner as was the trustee whose office became vacant, to serve for the

balance of the term.

(j) Any trustee appointed by the governor may be removed by the

governor and any trustee appointed by the mayor may be removed by the

mayor. Removal of a trustee by the governor or the mayor shall be upon

proof of (i) official misconduct or neglect of official duties; or (ii)

mental or physical inability to perform his duties. Before the removal

of a trustee, the trustee shall receive due and timely written notice of

the charges and a copy of the charges. The trustee shall be entitled to

a hearing on the charges pursuant to due and timely notice before the

governor or the mayor, as the case may be, and to the assistance of

counsel on such hearing.

(k) Trustees shall receive no compensation for their services but

shall be reimbursed for their actual and necessary expenses incurred by

them in the performance of their duties under this article.

3. Meetings of the board of trustees. (a) The by-laws of the board of

trustees shall provide for regular meetings. At least seven days notice

of every regular meeting and a copy of the agenda for that meeting shall

be mailed to the usual address of each trustee. Resolutions for the

consideration of the board of trustees must be mailed to the usual

address of each trustee 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 agendas for

such meetings shall be available electronically on the city university

of New York website three days prior to the meetings unless an executive

committee meeting has been called in which an agenda must be available

twenty-four hours in advance, and shall be considered public records. A

summary of resolutions and board actions for any such meeting of the

board of trustees shall be electronically available on the city

university of New York website no later than seven days after the

meeting and shall be considered public records. The approved minutes,

attendance, voting record, and either transcripts or video record for

any such meeting must be posted no later than seven days following their

approval by the board. Information posted on the city university of New

York website regarding board of trustee meetings shall remain on the

site as archived data for a minimum of ten years. All meetings shall be

held in accordance with article seven of the public officers law.

(b) The chairperson, the vice chairperson or any five trustees acting

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

trustees and fix the time and place therefor. Each trustee shall receive

telephonic or written notice of a special meeting at least twenty-four

hours prior to the special meeting. An agenda for such meeting,

including meetings of any committees and subcommittees under the purview

of the board of trustees, shall be available electronically on the city

university of New York website twenty-four hours prior to the special

meeting of the board and shall be considered a public record. A summary

of resolutions and board actions for any such meeting of the board of

trustees shall be electronically available on the city university of New

York website no later than seven days after the meeting and shall be

considered a public record. The approved minutes, attendance, voting

record, and either transcripts or video record for any such meeting must

be posted no later than seven days following their approval by the

board. Information posted on the city university of New York website

regarding board of trustee meetings shall remain on the site as archived

data for a minimum of ten years. Any such meeting of the board of

trustees shall be conducted in accordance with article seven of the

public officers law.

(c) Nine trustees attending a meeting shall constitute a quorum for

the transaction of business by the board of trustees.

(d) (i) The board of trustees shall hold at least one public hearing

each year in each of the five boroughs of the city of New York. The

purpose of such hearing shall be to receive testimony and statements

from concerned individuals about university issues.

(ii) The board of trustees shall fix the time, place, duration and

format of each hearing.

(iii) At least thirty days notice of the hearing shall be given by the

chairperson of the board of trustees to all of the trustees, to all

presidents of educational units, to the chair of faculty-senate bodies

of educational units, to all student government presidents of

educational units, to the borough president, the members of the city

council, the members of the board of estimate, the local community

boards of the borough where the hearing is to be held and to the media.

The notice shall contain the time, place and date of the public hearing.

Such information shall be made electronically available on the city

university of New York website. Any such meeting of the board of

trustees shall be conducted in accordance with article seven of the

public officers law.

(iv) At least three trustees shall attend each hearing.