NY Educ L § 6306 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University Article 126 - Community Colleges and State-Aided Four-Year Colleges 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.   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.