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Education Law of New York §356
Councils of state-operated institutions: powers and duties
- 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.
- 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.
- 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:
- recommend to the state university trustees candidates for appointment
by the state university trustees as head of such institution;
- 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;
- make regulations governing the care, custody and management
of lands, grounds, buildings and equipment;
- 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;
- 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;
- name buildings and grounds;
- make regulations governing the conduct and behavior of students;
- prescribe for and exercise supervision over student housing
and safety;
- 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;
- perform such other powers and duties as may be authorized or
required by the state university trustees by general rules or
special directives; and
- 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.
(As amended L.1975, c. 587, § 2; L.1977, c. 164, § 2; L.1979, c. 406,
§ 2; L.1984, c. 296, § 6; L.1985, c. 552, § 8.)
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