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.
Terms Used In N.Y. Education Law 6204
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- board of trustees: means the board of trustees of the city university of New York. See N.Y. Education Law 6202
- city university: shall mean the city university of New York, including each senior college and each community college. See N.Y. Education Law 6202
- community college: shall mean an institution of higher education in the city of New York, which is governed and administered as such, by the board of trustees on July first, nineteen hundred seventy-nine, whose primary purpose is providing certificate and associate degree post secondary programs in general and technical educational subjects, and is receiving financial assistance from the state as a community college. See N.Y. Education Law 6202
- mayor: shall mean the mayor of the city of New York. See N.Y. Education Law 6202
- Quorum: The number of legislators that must be present to do business.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trustee: A person or institution holding and administering property in trust.
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 7 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 7 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 7 of the public officers law.
(iv) At least three trustees shall attend each hearing.