N.Y. Education Law § 6310: Community college regions - administration and finance

§ 6310. Community college regions - administration and finance. 1.

Each community college region and community college sponsored by such

region shall be administered by a single board of trustees of fourteen

members, thirteen of whom shall be appointed for terms of seven years,

as set forth in this subdivision, and one member elected as herein

provided, except that initial appointments shall be made for terms of

one to nine years respectively. Seven members shall be appointed by the

local legislative bodies or boards of those counties eligible to appoint

members to the community college regional board of trustees. The seven

locally appointed members of such board may include one member from the

local legislative body or board of each county eligible to appoint

members to the community college regional board of trustees. Membership

in a community college regional board of trustees shall be apportioned

among the counties participating in such board in accordance with the

number of full-time equivalent students attending a community college

sponsored by such regional board who are residents of the respective

participating counties, and in accordance with such further regulations

as may be prescribed by the state university trustees. Six members shall

be appointed 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 eighty-four. The student member shall be afforded the same

parliamentary privileges as are conferred upon 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 as follows: (a) two individuals

shall be appointed for terms of two and four years respectively; (b) two

individuals for terms of six years and two individuals for terms of

eight years. Appointments by local authorities shall be as follows: (a)

three individuals for terms of one, three and five years, respectively;

(b) two individuals for terms of seven years, and two individuals for

terms of nine years. 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. 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 any community college regional board of trustees

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

community college regional boards of trustees 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 community college regional board of trustees

heretofore established shall be deemed to have commenced on the first

day of July of the year in which such community college regions 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.

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

section, a community college region established to operate as local

sponsor of Jamestown community college shall be administered by a single

board of trustees of fifteen members, fourteen of whom shall be

appointed for terms of seven years, except that the initial appointments

shall be made as set forth in this subdivision, and one member who shall

be elected by and from among the students of the college and shall serve

as set forth in subdivision one of this section. Eight members shall be

appointed by the local governing bodies of the counties and city

eligible to appoint members to the Jamestown community college regional

board of trustees, and six members shall be appointed by the governor.

The eight locally appointed members of such board may include one member

appointed from among the local governing bodies of the counties or city

eligible to appoint members to the regional board of trustees.

Membership in the Jamestown community college regional board of trustees

shall be apportioned in accordance with the number of full-time

equivalent students attending the community college who are residents of

the respective participating counties or city, and in accordance with

such further regulations as may be prescribed by the state university

trustees.

Upon the effective date of this subdivision, and notwithstanding any

inconsistent provision of any other law, the current Jamestown community

college board of trustees shall be redesignated the Jamestown community

college regional board of trustees and the terms of the current members

of the Jamestown community college board of trustees shall continue

until their expiration or termination as provided by section sixty-three

hundred six of this chapter. The governor's initial appointments to the

Jamestown community college regional board of trustees shall be as

follows: one individual shall be appointed for a term of three years,

and one individual shall be appointed for a term of five years. Initial

appointments by the local authorities shall be as follows: one

individual shall be appointed for a term of two years, one individual

shall be appointed for a term of four years, and one individual shall be

appointed for a term of six years. 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. 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 any community college

regional board of trustees 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 community college regional boards of

trustees 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 community

college regional board of trustees heretofore 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.

1-b. Notwithstanding any provision of this article to the contrary,

with regard to the operating costs of the Jamestown community college,

the county of Chautauqua, as a local sponsor of such college, may pay

all such operating costs incurred by such county and may also pay all

such operating costs incurred by any city within such county which is a

local sponsor of such college. The county of Chautauqua may pay all such

operating costs pursuant to this subdivision:

(a) without any charge back to any city or town within such county; or

(b) with a charge back of all or any portion of such operating costs

to the cities (including the city of Jamestown) and towns in such

county, in proportion to the number of students attending such community

college each term who were residents of each such city or town at the

beginning of such term.

2. Pursuant to such regulations and limitations as may be established

and prescribed by the state university trustees, the community college

regional board of trustees may enter into any contract or agreement

deemed necessary or appropriate for the effective operation of the

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

federal government to enable participation in federal student loan

programs, including any and all instruments required thereunder; and (b)

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 community college

regional board of trustees.

3. 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 community college regional board of trustees

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.

4. The community college regional board of trustees is hereby created

a body corporate. All property which is now vested in, or shall

hereafter be conveyed or transferred to the community college regional

board of trustees, shall be held by them as a corporation.

4-a. (a) A community college regional board of trustees 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 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. Two or more eligible counties appointing members to a community

college regional board of trustees shall divide the local share of the

capital costs of a community college sponsored by such community college

region according to the respective equalized assessed valuations of such

counties or such other factors as may be prescribed by the state

university trustees. The local share of the operating expenses of a

community college sponsored by a community college region shall be

apportioned among those counties appointing members to the community

college regional board of trustees on the basis of operating shares.

Such operating shares shall be allocated in proportion to the number of

students attending the community college who are residents of the

respective counties participating on the community college regional

board, calculated on the basis of full-time equivalent students, in the

same manner as the allocable portion of the local sponsor's share of

operating costs pursuant to section sixty-three hundred five of this

chapter, and such other factors as may be prescribed by the state

university trustees. Any community college sponsored by a community

college region may, under the provisions of section six thousand three

hundred five of this chapter, elect to charge an allocable portion of

the operating costs incurred by the regional sponsor, and a further sum

on account of the regional sponsor's share of capital costs, to the

counties of residence of students attending such college who are

non-residents of the community college region.

6. The final budget of the community college region as adopted by the

regional board of trustees and approved by the state university trustees

shall be a charge against all of the counties appointing members to such

board. The regional board of trustees, after approval of its budget,

shall certify to the legislative body or board of all counties

appointing members to such regional board the respective proportionate

share of the capital and operating costs required to be raised by each

county. The counties shall add such costs, as certified, to their own

budgets and provide such certified costs by appropriations from general

revenues or from funds derived from special tax levies earmarked in part

or whole for such purposes, by the use of gifts of money or, with the

consent of the state university trustees, by the use of property, gifts

of property or by the furnishing of services. Where a county provides

all or a portion of its share of capital or operating costs in real or

personal property or in services, the valuation of such property and

services for the purpose of determining the amount of state aid shall be

made by the state university trustees with the approval of the director

of the budget. Such funds shall be turned over to the treasurer of the

community college sponsored by the community college region within the

fiscal year of such region. Notwithstanding any other provision of this

subdivision, all counties appointing members to a community college

regional board of trustees may require that any budget proposed by such

regional board, which would result in an increase in the level of

contributions to college revenues by such counties over the level of

contributions required for the previous college fiscal year, shall be

approved by the legislative body or board of all such counties.

7. Notwithstanding the provisions of any general, special or local law

to the contrary, the fiscal year of a community college sponsored by a

community college region shall begin with the first day of September and

end with the thirty-first day of August in each year. All of the

provisions of law fixing times or dates within which or by which certain

acts shall be performed in relation to the preparation and adoption of

the budget of a county, including but not limited to submission of a

budget estimate, filing of a tentative budget, public hearing and

adoption of a budget, shall apply to the budget of a community

college-sponsored by a community college region but shall be

correspondingly changed, as to time, to relate to the commencement of

the fiscal year of the community college region; provided, however, that

after the budget for the community college region shall have been

adopted, the counties appointing members to a community college regional

board of trustees shall provide for the raising of taxes required by

such budget, without any decrease in amount, in the same manner and at

the same time prescribed by law for the annual levy of taxes by or for

the county.

8. Moneys raised by taxation for maintenance of a community college

region and moneys received from all other sources for purposes of the

community college region shall be kept separate and distinct from any

other moneys of the counties appointing members to the community college

regional board of trustees and shall not be used for any other purpose.

The amount of taxes levied for maintenance of a community college region

shall be credited thereto and made available therefor within the fiscal

year of such community college region.

9. The community college regional board of trustees shall direct that

payment of amounts for maintenance of the college be made in whole or in

part to the treasurer of the community college sponsored by such region

for expenditure by such officer, subject to such regulations regarding

the custody, deposit, audit and payment thereof as such board of

trustees may deem proper.

The board of trustees may authorize the treasurer of the college to

establish a bank account or accounts in the name of the college and

deposit therein moneys received or collected by the college, including

moneys appropriated and paid by the counties appointing members to the

community college regional board of trustees, moneys received from

tuition, fees, charges, sales of products and services, and from all

other sources. The board of trustees may authorize the treasurer to pay

all proper bills and accounts of the college, including salaries and

wages, from funds in its custody. The treasurer shall execute a bond or

official undertaking to the community college regional board of trustees

in such sum and with such sureties as that board shall require, the

expense of which shall be a college charge.

The community college regional board of trustees similarly may

authorize the treasurer to establish and maintain petty cash funds, not

in excess of two hundred dollars each, for specified college purposes or

undertakings, from which may be paid, in advance of audit, properly

itemized and verified or certified bills for materials, supplies or

services furnished to the college for the conduct of its affairs and

upon terms calling for the payment of cash to the vendor upon the

delivery of any such materials or supplies or the rendering of any such

services. Lists of all expenditures made from such petty cash funds

shall be presented to the board of trustees at each regular meeting

thereof, together with the bills supporting such expenditures, for audit

and the board shall direct reimbursement of such petty cash funds from

the appropriate budgetary item or items in an amount equal to the total

of such bills which it shall so audit and allow. Any of such bills or

any portion of any of such bills as shall be disallowed upon audit shall

be the personal responsibility of the treasurer and such official shall

forthwith reimburse such petty cash fund in the amount of such

disallowances.

The community college regional board of trustees shall provide for

periodic audits of all accounts maintained at its direction and render

such reports respecting any and all receipts and expenditures of the

college as the local legislative body or board, or other appropriate

governing agency, may direct.

10. All proposals for the acquisition or construction, including new

construction, additions or reconstruction of college facilities adopted

by a community college regional board of trustees shall be approved by

the legislative body or board of all counties appointing members to such

board of trustees, and the state university trustees. Upon such

approvals, each participating county may finance its proportionate share

of the cost of acquisition of such facilities either from any current

funds legally available therefor, or by the issuance of obligations

pursuant to the local finance law. All counties participating in such

regional board of trustees may together issue joint obligations pledging

the full faith and credit for all participating counties jointly and

that each such county shall pay a specified share of annual debt service

on such joint obligations in accordance with the provisions of article

five-g of the general municipal law and applicable provisions of the

local finance law.

10-a. Notwithstanding the provisions of subdivision ten of this

section, upon receipt of the approvals set forth in such subdivision,

the board of trustees of the community college region may finance a duly

authorized specific object or purpose or class of objects or purposes by

the issuance of bonds, notes or other evidence of indebtedness or

pursuant to a financing transaction of the community college region with

the dormitory authority in accordance with the provisions of article

eight of title four of the public authorities law.

11. The community college regional board of trustees, for the purpose

of administering the state civil service law, shall be deemed to be a

municipal employer. No civil service rights of an employee of any

community college or local sponsor shall be lost, impaired or affected

by reason of the enactment of this section and related amendments of

this article into law.

12. For the purposes of article fourteen of the civil service law, the

community college regional board of trustees shall be deemed to be the

public employer and as such shall negotiate with and enter into written

agreements with employee organizations representing the instructional

staff and non-instructional staff of the community colleges that have

been certified or recognized under such article. For purposes of such

article, the president of the community college shall be deemed to be

the chief executive officer, the chief legal officer of the community

college shall be chief legal officer, and the community college regional

board of trustees shall be deemed to be the legislative body of the

government. The state public employment relations board shall have

exclusive jurisdiction for the purpose of administering the provisions

of such article.

13. For the purpose of this section, all references in this section to

a "county" or "counties" shall be deemed to include a city or cities, or

a school district or school districts, as the case may be.

14. a. The following terms, when used or referred to in this

subdivision, shall have the following meaning:

(i) "Credit card" means any credit card, credit plate, charge card,

charge plate, courtesy card, debit card, other identification card,

value transfer device as defined by the state comptroller or device

issued by a person to another person which may be used to obtain a cash

advance or a loan or credit, or to purchase or lease property or

services on the credit of the person issuing the credit card or a person

who has agreed with the issuer to pay obligations arising from the use

of a credit card issued to another person.

(ii) "Card issuer" means an issuer of a credit card, charge card or

other value transfer device.

(iii) "Financing agency" means any agency defined as such in

subdivision eighteen of section four hundred one of the personal

property law.

(iv) "Person" means an individual, partnership, corporation or any

other legal or commercial entity.

b. The community college regional board of trustees of any community

college may determine, by resolution, that it is in the public interest

to authorize such community college to enter into agreements with one or

more financing agencies or card issuers to provide for the acceptance,

by such officers of the community college as may be designated pursuant

to this subdivision, of credit cards as a means of payment of tuition,

expenses, fees, charges, revenue, financial obligations or other amounts

owed by students to the community college. Any such agreement shall

govern the terms and conditions upon which a credit card proffered as a

means of payment of tuition, expenses, fees, charges, revenue, financial

obligations or other amounts shall be accepted or declined and the

manner in and conditions upon which the financing agency or card issuer

shall pay to such community college the amount of tuition, expenses,

fees, charges, revenue, financial obligations or other amounts paid by

means of a credit card pursuant to such agreement. Any such agreement

may provide for the payment by such community college to such financing

agency or card issuer of fees for the services provided by such

financing agency or card issuer pursuant to such agreement, which fees

may consist of a discount deducted from or payable in respect of the

amount of each such tuition, expenses, fee, charge, revenue, financial

obligation or other amount. If fees are paid by such a discount, they

shall be post-audited by the officer or board of the community college

responsible for auditing claims against the community college.

c. Any community college which has entered into an agreement with a

financing agency or card issuer as authorized by this subdivision may

accept credit cards as a means of payment of tuition, expenses, fees,

charges, revenue, financial obligations or other amounts, as provided in

such agreement and may pay such fees as are specified in such agreement

to such financing agency or card issuer in consideration of the services

rendered by such financing agency or card issuer thereunder.

Notwithstanding any other provision of law to the contrary, it shall be

the option of the community college regional board of trustees of the

community college to require, as a condition of accepting payment by

credit card, that such person offering payment by credit or charge card

pay a service fee to the community college not exceeding costs incurred

by the community college in connection with the credit or charge card

payment transaction, including any fee owed by the community college to

the financing agency or card issuer arising from that transaction.

d. Contracts entered into pursuant to this subdivision between a

community college and financing agencies or card issuers shall be

awarded in accordance with the community college's written internal

policies and procedures governing procurements.

e. The underlying debt, lien, obligation, bill, account or other

amount owed by the student to the community college for which payment by

credit card is accepted by the community college shall not be expunged,

cancelled, released, discharged or satisfied, and any receipt or other

evidence of payment shall be deemed conditional, until the community

college has received final and unconditional payment of the full amount

due from the financing agency or card issuer for such credit card

transaction.

f. The community college regional board of trustees, in enacting a

resolution pursuant to this subdivision, shall designate which of its

officers, charged with the duty of collecting or receiving moneys on

behalf of the community college, shall be authorized to accept credit

cards as a means of payment of tuition, expenses, fees, charges,

revenue, financial obligations and other amounts.

g. Under circumstances where community colleges are otherwise

authorized by law to contract for the collection of tuition, expenses,

fees, charges, revenue, financial obligations or other amounts, such

contract shall provide that the contractor accept credit cards as a

mechanism for payment.

15. a. Notwithstanding any other law to the contrary, whenever an

officer of a community college is authorized pursuant to law to disburse

or transfer on behalf of the community college funds in the custody of

the officer, that officer shall be authorized to disburse or transfer

such funds by means of electronic or wire transfer. Such disbursements

shall be otherwise subject to applicable laws, provided that:

(i) the community college regional board of trustees of the community

college has entered into a written agreement with the bank or trust

company in which such funds have been deposited, prescribing the manner

in which electronic or wire transfer of such funds shall be

accomplished, identifying by number and name those accounts from which

electronic or wire transfers may be made, identifying which officer or

officers are authorized to order the electronic or wire transfer of

funds from those accounts, and implementing a security procedure as

defined in section 4-A-201 of the uniform commercial code; and

(ii) the bank or trust company processing the transfer shall provide

to the officer ordering the electronic or wire transfer of funds written

confirmation of each such transaction no later than the business day

following the day on which the funds are transmitted.

b. It shall be the duty of the community college regional board of

trustees of the community college to adopt a system of internal controls

for the documentation and reporting of all transfers or disbursements of

funds accomplished by electronic or wire transfer.

16. a. The community college regional board of trustees of any

community college, may determine, by resolution, that it is in the

public interest and authorize such community college to provide for the

acceptance of tuition, expenses, fees, charges, revenue, financial

obligations or other amounts via a community college internet website.

However, submission via the internet may not be required as the sole

method for the collection of tuition, expenses, fees, charges and other

amounts. Such payments shall be accepted via the internet in a manner

and condition defined by such community college. Any method used to

receive internet payments shall comply with article one of the state

technology law and any rules and regulations promulgated and guidelines

developed thereunder and, at a minimum must:

(i) authenticate the identity of the sender; and

(ii) ensure the security of the information transmitted.

b. Payments received via the internet shall be considered received by

the appropriate officer and paid by the payor at the time the internet

transaction is completed and sent by the payor.

c. The underlying debt, lien, obligation, bill, account or other

amount owed by the student to the community college for which payment by

internet is accepted by the community college shall not be expunged,

cancelled, released, discharged or satisfied, and any receipt or other

evidence of payment shall be deemed conditional, until the community

college has received final and unconditional payment of the full amount

due.

d. The community college regional board of trustees, in enacting a

resolution pursuant to this subdivision, shall designate which of its

officers, charged with the duty of collecting or receiving moneys on

behalf of the community college, shall be authorized to accept such

payments via the internet.

17. Notwithstanding any provision of this chapter to the contrary, a

community college regional board of trustees of a community college

region shall be the local sponsor of such community college for the

purposes of entering into agreements with the dormitory authority of the

state of New York on behalf of the community college pursuant to

subdivisions nine, ten, eleven, twelve, thirteen, fourteen and sixteen

of section sixteen hundred eighty of the public authorities law and

shall have full authority to perform, on behalf of such community

college, all obligations of the college under its agreements with the

dormitory authority.