N.Y. Education Law § 6306: Administration of community colleges--boards of trustees

§ 6306. Administration of community colleges--boards of trustees. 1.

Each community college, except in the city of New York, shall be

administered by a board of trustees of ten members, nine of whom shall

be appointed for terms of seven years in annual rotation, and one member

elected as herein provided, except that initial appointments shall be

made for terms of one to nine years respectively. Five members shall be

appointed by the local legislative body or board, or other appropriate

governing agency, one of whom may be a member of such local legislative

body or board, or other appropriate governing agency, four, from among

persons residing in the sponsoring community, by the governor and one

member elected by and from among the students of the college who shall

serve as a member of the board for a one-year term, provided, however,

that the term of the student member first elected shall be nine months

commencing October first, nineteen hundred seventy-five. The student

member shall be afforded the same parliamentary privileges as are

conferred upon voting members, including but not limited to the right to

make and second motions and to place items on the agenda. Such student

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

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

members of such board with respect to the discharge of their duties

including, but not limited to, those provisions setting forth codes of

ethics, disclosure requirements and prohibiting business and

professional activities. The election of the student member shall be

conducted in accordance with rules and regulations promulgated by the

respective representative campus student association in accordance with

guidelines established by the state university trustees. In the event

that the student member ceases to be a student at the institution, he

shall be required to resign. The governor's initial appointments shall

be for terms of two, four, six and eight years respectively and those by

local authorities for terms of one, three, five, seven and nine years

respectively. Vacancies shall be filled for unexpired terms in the same

manner as original selections by the authority responsible for the

original selection. The board shall select its own chairman from among

its voting membership. Where two or more local sponsors join in the

establishment of a community college, the apportionment of the

appointments among them shall be made by the state university trustees.

Trustees shall receive no compensation for their services but shall be

reimbursed for their expenses actually and necessarily incurred by them

in the performance of their duties under this article. Members initially

appointed or elected under this subdivision to the board of trustees of

any community college hereafter established shall take office

immediately upon their selection and qualification, but for purposes of

determining the expiration of their respective terms and the

commencement of the terms of their successors, the term of office of

each such initial member shall be deemed to have commenced on the first

day of July of the year in which such college was established. The terms

of office of all members of the boards of trustees of community colleges

heretofore established, appointed or elected as provided in this

subdivision, shall terminate on the thirtieth day of June of the

calendar year within which such terms expire under the provisions of

this subdivision as hereby amended. For the purpose of determining such

year all initial terms of office of appointed members of the boards of

trustees of community colleges heretofore established shall be deemed to

have commenced on the first day of July of the year in which such

colleges were established and the terms of their successors for full

terms, if any, shall be deemed to have commenced upon the expiration of

the number of years from such date for which such initial appointments

were made.

The one member elected by and from among the students of the college

may be removed by such students in accordance with rules and regulations

promulgated by the respective representative campus student association

in accordance with guidelines promulgated by the state university

trustees. In the case of community colleges in the city of New York the

year in which any such college was established for the purposes of this

subdivision shall mean the year in which it was or may be determined

that its board of trustees be appointed and serve in the manner provided

by this subdivision.

The provisions of this subdivision shall not apply to community

college regional boards of trustees.

1-a. Notwithstanding the provisions of subdivision one of this

section, the term of office of a member of the board of trustees of

Rockland Community College appointed by the local legislative body or

board shall be five years.

2. The board of trustees of each community college shall appoint a

president for the college, subject to approval by the state university

trustees, and it shall appoint or delegate to the president the

appointment of other members of the staff. The staff of a community

college shall consist of the professional service and the

non-professional service. The professional service shall include

positions requiring the performance of educational functions in

agriculture, home economics, liberal and applied arts and sciences,

engineering, technical skills, crafts, business education, medicine,

dentistry, nursing, academic administration, library service, student

activities, student personnel services, and other professions required

to carry on the work of the community colleges. The non-professional

service shall consist of all positions not in the professional service.

The board of trustees of each community college shall adopt curricula,

subject to the approval of the state university trustees, prepare a

budget and, with the exception of community college regional boards of

trustees, submit such budget for approval by the local legislative body

or board, or other appropriate governing agency and, subject to the

general supervision of the state university trustees, discharge such

other duties as may be appropriate or necessary for the effective

operation of the college. Where the city of New York is the local

sponsor of a community college, salaries fixed by the board of trustees

of such college shall be in accordance with salary schedules approved by

the mayor of that city.

3. In the city of New York, upon the establishment of a community

college sponsored by the board of education, the sponsoring board shall

be the trustees and shall be vested with the powers of a board of

trustees of a community college, or upon the application of the

sponsoring board, approved by the state university trustees, the board

of trustees of such community college may be appointed and serve in the

manner provided by subdivision one of this section; and upon the

establishment and continuance of a community college sponsored by the

city of New York, the local sponsor may designate the board of education

in that city as the trustee to be vested with the powers of a board of

trustees of a community college, or the local sponsor may provide that

the board of trustees of such community college shall be appointed and

serve in the manner provided by subdivision one of this section. In the

event that the board of education serves as the board of trustees of a

community college in the city of New York, its powers and duties in

relation thereto shall be as prescribed in this article for boards of

trustees of community colleges. In the city of New York, the board of

trustees of the fashion institute of technology shall, under such

by-laws as such board deems appropriate, provide for the eligibility for

sabbatical leaves of absence to members of its permanent instructional

staff; provided, however, that when such leaves are for one-half year,

they shall be at full pay, and when such leaves are for one year, they

shall be at half pay.

3-a. (a) Notwithstanding the provisions of subdivisions one and three

of this section, effective July first, two thousand eight, the fashion

institute of technology shall be administered by a board of trustees of

twelve members. Six members shall be appointed by the local sponsor, one

of whom may be a member of such sponsor; five members shall be appointed

by the governor from among persons who reside in the city of New York;

and one member shall be elected by and from among the students of the

fashion institute of technology.

(b) The provisions of subdivisions one and three of this section

notwithstanding, effective July first, two thousand nine, the fashion

institute of technology shall be administered by a board of trustees of

fourteen members. Seven members shall be appointed by the local sponsor,

one of whom may be a member of such sponsor; six members shall be

appointed by the governor from among persons who reside in the city of

New York; and one member shall be elected by and from among the students

of the fashion institute of technology.

(c) The provisions of subdivisions one and three of this section

notwithstanding, effective July first, two thousand ten, the fashion

institute of technology shall be administered by a board of trustees of

sixteen members. Eight members shall be appointed by the local sponsor,

one of whom may be a member of such sponsor; seven members shall be

appointed by the governor from among persons who reside in the city of

New York; and one member shall be elected by and from among the students

of the fashion institute of technology.

3-b. The board of trustees of each community college, and those

provided for in the city of New York by subdivision three of this

section, shall adopt a policy for admission of students who have

completed an online high school program located within the United States

consistent with the provisions of subparagraph eleven of paragraph h of

subdivision two of section three hundred fifty-five of this chapter.

4. The board of trustees of each community college may acquire by

deed, gift, devise, bequest or lease, real or personal property suitable

for carrying out the program and purposes of the college, and pursuant

to regulations prescribed by the state university trustees may apply any

income that may be derived therefrom to the maintenance thereof; but no

lands, grounds, buildings, facilities or equipment shall be purchased or

leased unless an appropriation has been made, therefor, or unless

otherwise authorized by law. Title to personal property so acquired

shall vest in such board of trustees in its own name and such property

shall be held and used by such board for college purposes. Title to real

property so acquired shall vest in and be held by the local sponsor in

trust for the uses and purposes of the community college. Where a

community college region is the local sponsor of a community college,

title to real and personal property shall vest in the community college

regional board of trustees. The use of real or personal property given

to the board of trustees of any community college, or of the income

therefrom, to provide any part of the local sponsor's share of capital

or operating costs shall be subject to the consent of the state

university trustees and such regulations as they may prescribe.

5. The board of trustees shall have the care, custody, control and

management of the lands, grounds, buildings, facilities and equipment

used for the purposes of such college and of all other property

belonging to such college and used for carrying out its purposes, and it

shall have power to protect, preserve and improve the same.

5-a. a. The board of trustees of each community college shall have the

authority to appoint security officers for the community college and, in

its discretion, to designate or to revoke the designation of one or more

than one security officer as a peace officer. A security officer so

designated shall have the powers of a peace officer as set forth in

section 2.20 of the criminal procedure law. A security officer

designated as a peace officer must have satisfactorily completed or

complete, within one year of the date of such designation, a course of

law enforcement training prescribed by the municipal police training

council in consultation with the state university board of trustees. A

peace officer so designated may possess and carry a firearm as a part of

on duty employment only if authorized to do so by the president of the

community college. The geographical area of employment of a peace

officer so designated is the campus and other property of the community

college at which the peace officer serves, including that portion of a

public highway which crosses or abuts such property, and residential or

other facilities owned, operated, or maintained by a not-for-profit

entity associated with the community college for which such community

college provides security.

b. The appointment of security officers at a community college shall

be governed by and conform with civil service laws, rules and

regulations, if applicable to the community college and its employees.

The designation of a security officer as a peace officer shall be based

on qualifications established by the community college board of

trustees, and in accordance with seniority. For purposes of this

subdivision, "seniority" means total employment service with the

community college making such designation.

c. A security officer who has been designated a peace officer may have

such designation suspended or removed pursuant to procedures established

by the community college or in compliance with any local collective

bargaining agreement, if applicable to the community college and its

employees.

d. The designation of peace officers pursuant to this subdivision

shall not be deemed to supersede in any way the authority of other peace

officers and police officers.

e. Nothing contained in this section shall be construed to: (i) alter

any existing collective bargaining agreement; (ii) diminish the rights

of employees pursuant to an existing collective bargaining agreement;

(iii) affect existing law with respect to an application to the public

employment relations board seeking designation by the board that certain

persons are managerial or confidential; or (iv) alter or restrict the

power of a county or community college sponsor or employee organization

to negotiate with respect to an alternate method of appointment or

promotion of security officers.

5-b. Subject to the approval of the board of regents, the board of

trustees shall have the authority to grant honorary associate degrees.

6. The board of trustees shall have such other powers and perform such

other duties as may be provided by law or prescribed by the state

university trustees.

7. Subject to the approval of the local sponsor acting through its

local legislative body or board, or other appropriate governing agency,

and pursuant to such regulations and limitations as may be established

and prescribed by the state university trustees, the board of trustees

of each community college may enter into any contract or agreement

deemed necessary or appropriate for the effective operation of the

college, (1) including contracts or agreements entered into with the

federal government to enable participation in federal student loan

programs, including any and all instruments required thereunder;

provided, however, that the sponsor shall not be liable for any portion

of any defaults which it has agreed to assume pursuant to any such

agreement in an amount in excess of money appropriated or otherwise

lawfully available therefor at the time the liability for payment

arises, and (2) including contracts with non-profit corporations

organized by officers, employees, alumni or students of the college for

the furtherance of its objects and purposes. Notwithstanding the

provisions of any other law, general, special or local, such contracts

entered into with such non-profit corporation shall not be subject to

any requirement that contracts be let to the lowest responsible bidder

after advertisement for bids. Nothing contained in this subdivision

shall be deemed to diminish or impair any powers or authority otherwise

vested in the board of trustees of any community college. The provisions

of this subdivision shall not apply to community college regional boards

of trustees.

8. Subject to the approval of the local sponsor acting through its

local legislative body or board, or other appropriate governing agency,

and pursuant to such regulations and limitations as may be established

and prescribed by the state university trustees with the approval of the

director of the budget, the board of trustees of each community college

may participate in cooperative educational programs, services and

arrangements with colleges, universities, school districts, boards of

cooperative educational services, libraries, museums and join any

cooperative association of such educational institutions formed as a

corporation pursuant to section two hundred sixteen of this chapter. The

provisions of this subdivision shall not apply to community college

regional boards of trustees.

8-a. a. The board of trustees shall, on or before January first, two

thousand, adopt and implement a plan providing for the investigation of

any violent felony offense occurring at or on the grounds of each such

institution, and providing for the investigation of a report of any

missing student. Such plans shall provide for the coordination of the

investigation of such crimes and reports with local law enforcement

agencies. Such plans shall include, but not be limited to, written

agreements with appropriate local law enforcement agencies providing for

the prompt investigation of such crimes and reports and a requirement

that the institution shall notify the appropriate law enforcement agency

as soon as practicable but in no case more than twenty-four hours after

a report of a violent felony or that a student who resides in housing

owned or operated by such institution is missing; provided that each

institution shall: (1) inform each victim of a sexual offense of their

options to notify proper law enforcement authorities, including

on-campus and local police; (2) inform the victim of a sexual offense of

the right to report or not to report such offense to the local law

enforcement agencies; and (3) offer the option to be assisted by campus

authorities in notifying such authorities, if the victim of sexual

assault so chooses, all in compliance with applicable federal law,

including, but not limited to, the federal Campus Sexual Assault

Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).

b. As used in this subdivision, the following terms shall have the

following meanings:

(i) "Local law enforcement agencies" means any agency or agencies

employing peace officers or police officers for the enforcement of the

laws of the state, and which has or have jurisdiction under provisions

of the criminal procedure law over offenses occurring at or on the

grounds of any institution subject to the provisions of this

subdivision.

(ii) "Missing student" means any student of an institution subject to

the provisions of this subdivision, who resides in a facility owned or

operated by such institution and who is reported to such institution as

missing from his or her residence.

(iii) "Violent felony offense" means a violent felony offense as

defined in subdivision one of section 70.02 of the penal law.

9. In the case of colleges sponsored by community college regions,

references in subdivisions two, four, five, six and eight-a of this

section to the board of trustees of a community college shall mean the

community college regional board of trustees.

10. The boards of trustees of the state university of New York

community colleges shall consult with boards of cooperative educational

services (BOCES) to identify new or existing programs offered to

students that would allow a student to pursue an associate of

occupational studies (AOS) degree from a community college upon high

school graduation. Once identified, BOCES in collaboration with the

community college boards of trustees shall make such path, identified

programs, and AOS degree options known to ensure that students are aware

that such options exist. Such notification shall begin in the eighth

grade, and include the provision of materials on AOS degree options to

school counselors in each school district in such region. Provided

however, that such boards and BOCES shall not take any action to direct

or suggest that a student should pursue a particular degree or pathway.

11. The board of trustees of each community college shall adopt

written policies requiring that all public single-occupancy bathroom

facilities be designated as gender neutral for use by no more than one

occupant at a time or for family or assisted use. Such gender neutral

bathroom facilities shall be clearly designated by the posting of such

on or near the entry door of each facility. For purposes of this

section, "single-occupancy bathroom" shall have the same meaning as

paragraph (d) of subdivision one of section one hundred forty-five of

the public buildings law.

* 12. (a) The use of artificial intelligence systems, as defined by

section one hundred three-e of the state technology law, shall not

affect (i) the existing rights of employees pursuant to a collective

bargaining agreement; or (ii) the existing representational

relationships among employee organizations or the bargaining

relationships between the employer and an employee organization.

(b) The use of such artificial intelligence systems shall not result

in the: (i) discharge, displacement or loss of position, including

partial displacement such as a reduction in the hours of non-overtime

work, wages, or employment benefits, or result in the impairment of

collective bargaining agreements; or

(ii) transfer of existing duties and functions currently performed by

employees of each community college to an artificial intelligence

system.

(c) The use of an artificial intelligence system shall not alter the

rights or benefits, and privileges, including but not limited to terms

and conditions of employment, civil service status, and collective

bargaining unit membership status of all existing employees of each

community college shall be preserved and protected.

* NB Repealed July 1, 2028