Bill S5585C-2009

Relates to requiring the board of trustees of SUNY, CUNY and HESC to make publicly available agendas and subsequent meeting records

Relates to requiring the board of trustees of SUNY, CUNY and HESC to make publicly available agendas and subsequent meeting records on their websites.

Details

Actions

  • May 25, 2010: SIGNED CHAP.98
  • May 14, 2010: DELIVERED TO GOVERNOR
  • May 10, 2010: returned to senate
  • May 10, 2010: passed assembly
  • May 10, 2010: ordered to third reading cal.842
  • May 10, 2010: substituted for a9844a
  • May 5, 2010: referred to higher education
  • May 5, 2010: DELIVERED TO ASSEMBLY
  • May 5, 2010: PASSED SENATE
  • Apr 19, 2010: AMENDED ON THIRD READING 5585C
  • Mar 11, 2010: ADVANCED TO THIRD READING
  • Mar 10, 2010: 2ND REPORT CAL.
  • Mar 9, 2010: 1ST REPORT CAL.227
  • Feb 24, 2010: REPORTED AND COMMITTED TO FINANCE
  • Jan 6, 2010: REFERRED TO HIGHER EDUCATION
  • Jun 11, 2009: PRINT NUMBER 5585B
  • Jun 11, 2009: AMEND AND RECOMMIT TO FINANCE
  • Jun 3, 2009: REPORTED AND COMMITTED TO FINANCE
  • May 22, 2009: PRINT NUMBER 5585A
  • May 22, 2009: AMEND AND RECOMMIT TO HIGHER EDUCATION
  • May 19, 2009: REFERRED TO HIGHER EDUCATION

Votes

Memo

BILL NUMBER:S5585C

TITLE OF BILL: An act to amend the education law, in relation to requiring the board of trustees of SUNY, CUNY and HESC to make publicly available agendas and subsequent meeting records

PURPOSE: This bill requires the Board of Trustees of the State University, City University, and Higher Education Services Corporation to make publicly available the agendas of all committees and subcommittees three days before the meeting on their website. The approved minutes, attendance, transcripts or video recording, and voting record of the meeting must be available no later than seven days after their approval by the board, committee or sub-committee. This information must remain available for no less than ten years after the meeting. A summary of resolutions and board actions must be available no later than seven days after the meeting.

If an executive committee meeting has been called, the agenda must be available 24 hours in advance.

JUSTIFICATION: This bill would increase the transparency for the Boards of Trustees of our higher educational institutions in New York State. Since members of these boards are not elected by the general public and do not serve a constituency, their meetings should be open and available at all times so that all New Yorkers have the ability to understand the decision making process that goes into life altering decisions such as tuition increases. The availability of these meetings will open the process to all New Yorkers who wish to be part of, and understand the process of the governing boards of higher education in New York.

LEGISLATIVE HISTORY: Reported out of the Higher Education committee 2009.

FISCAL IMPACT: None.

EFFECTIVE DATE: This bill shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5585--C Cal. No. 227 2009-2010 Regular Sessions IN SENATE May 19, 2009 ___________
Introduced by Sens. STAVISKY, LAVALLE, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Commit- tee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to requiring the board of trustees of SUNY, CUNY and HESC to make publicly available agendas and subsequent meeting records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 4 of section 353 of the education law, as amended by chapter 552 of the laws of 1985, are amended to read as follows: 2. A. The board may provide for regular meetings, and the chairman, or the vice-chairman, or any eight members by petition, may at any time call a special meeting of the board of trustees and fix the time and place therefor; and at least seven days notice of every meeting shall be mailed to the usual address of each trustee, unless such notice be waived by a majority of the board. Resolutions for the consideration of the board of trustees must be mailed to the usual address of each trus- tee 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 three days prior to the meetings and shall be considered
public records.]
Eight trustees attending shall be a quorum for the transaction of business and, unless a greater number is required by the by-laws, the act of a majority of the members present at any meeting shall be the act of the board. The board shall hold at least two public hearings each year. One public hearing shall be held during the spring semester and one public hearing shall be held in the fall semester. The purpose of such hearings shall be to receive testimony and statements from concerned individuals about university issues. The board shall fix the time, place, duration and format of each hearing. At least three members of the board shall attend each hearing. At least thirty days notice of the hearing shall be given by the chairman of the board to all members of the board, to all presidents of state operated campuses, to the chair of faculty-senate bodies of state operated campuses, to all student government presidents of state operated campuses, to the certi- fied or recognized employee organizations representing employees of the state university and to the media. Such notice shall contain the time and place of the public hearing. B. THE AGENDA FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE ELECTRONICALLY AVAILABLE ON THE STATE 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 A PUBLIC RECORD. A SUMMARY OF RESOL- UTIONS AND BOARD ACTIONS FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE ELECTRONICALLY AVAILABLE ON THE STATE UNIVERSITY OF NEW YORK WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEETING AND SHALL BE CONSID- ERED 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 OR EXECUTIVE COMMITTEE. INFORMATION POSTED ON THE STATE UNIVERSITY OF NEW YORK WEBSITE REGARDING BOARD OF TRUSTEE MEETINGS SHALL REMAIN ON THE SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS. C. ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. 4. A. The board may elect an executive committee of not less than five members, who, in intervals between meetings of the board may transact such business of the state university as the board may from time to time authorize, except to grant degrees or to make removals from office. The student member of the board shall be a member of such committee. A majority of the whole of the executive committee, but in any event not less than four members, attending shall be a quorum for the transaction of business and the act of a majority of the members of the executive committee present at any meeting thereof shall be the act of such committee. B. THE AGENDA FOR ANY MEETING OF ANY COMMITTEE AND SUBCOMMITTEE OF THE BOARD OF TRUSTEES SHALL BE AVAILABLE ELECTRONICALLY ON THE STATE UNIVER- SITY OF NEW YORK WEBSITE THREE DAYS PRIOR TO THE MEETING UNLESS AN EXEC- UTIVE COMMITTEE MEETING HAS BEEN CALLED, IN WHICH CASE AN AGENDA MUST BE AVAILABLE TWENTY-FOUR HOURS IN ADVANCE, AND SHALL BE CONSIDERED A PUBLIC RECORD. A SUMMARY OF RESOLUTIONS AND ACTIONS BY THE COMMITTEE OR SUBCOM- MITTEE FOR ANY SUCH MEETING SHALL BE ELECTRONICALLY AVAILABLE ON THE STATE 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 THE APPROVAL BY THE BOARD, COMMITTEE OR SUBCOMMITTEE. INFORMATION POSTED ON
THE STATE UNIVERSITY OF NEW YORK WEBSITE REGARDING SUCH MEETINGS SHALL REMAIN ON THE SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS. C. ANY SUCH MEETING OF A COMMITTEE OR SUBCOMMITTEE OF THE BOARD OF TRUSTEES SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. S 2. Subdivision 3 of section 6204 of the education law, as added by chapter 305 of the laws of 1979, paragraph (a) as amended by chapter 552 of the laws of 1985 and paragraph (c) as amended by chapter 317 of the laws of 1980, is amended to read as follows: 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 meet- ing 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 UNIVER- SITY 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 MEET- ING 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 seven 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 [two days] 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 MEET- ING 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 SEVEN OF THE PUBLIC OFFICERS LAW. (c) [The notice provisions of paragraphs (a) and (b) hereof may in any instance be waived by written waiver of at least twelve voting members of the board of trustees. (d)] Nine trustees attending a meeting shall constitute a quorum for the transaction of business by the board of trustees.
[(e)] (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 educa- tional 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 UNIVERSI- TY OF NEW YORK WEBSITE. ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. (iv) At least three trustees shall attend each hearing. S 3. Subdivision 7 of section 652 of the education law, as added by chapter 942 of the laws of 1974, is amended to read as follows: 7. A. The board of trustees shall provide for the holding of regular meetings and such special meetings at the call of the chairman, as may be necessary. A majority of the trustees shall constitute a quorum for the transaction of any business and the act of the majority of the trus- tees present at any meeting shall be deemed the act of the board. B. THE AGENDA FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE AVAILABLE ELECTRONICALLY ON THE HIGHER EDUCATION SERVICES CORPORATION WEBSITE THREE DAYS PRIOR TO THE MEETINGS AND SHALL BE CONSIDERED A PUBLIC RECORD. THE ATTENDANCE, MINUTES, VOTING RECORD, AND EITHER TRAN- SCRIPTS OR VIDEO RECORD, FOR ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE ELECTRONICALLY AVAILABLE ON THE HIGHER EDUCATION SERVICES CORPORATION WEBSITE NO LATER THAN SEVEN DAYS AFTER THE MEETING AND SHALL BE CONSIDERED PUBLIC RECORDS. INFORMATION POSTED ON THE HIGHER EDUCATION SERVICES CORPORATION WEBSITE REGARDING BOARD OF TRUSTEE MEETINGS SHALL REMAIN ON THE SITE AS ARCHIVED DATA FOR A MINIMUM OF TEN YEARS. C. ANY SUCH MEETING OF THE BOARD OF TRUSTEES SHALL BE CONDUCTED IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. S 4. This act shall take effect immediately.

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