STATE UNIVERSITY OF NEW YORK
Minutes of Meetings of the Executive Committee
of Board of Trustees of State University of New York
January 10, 2011
(Subject-to-Correction)
      
      The Executive Committee of the Board of Trustees of State University of New York met on January 10, 2011 at 5:00 pm at the SUNY Global Center, Board Room, New York, New York, pursuant to calls sent by the Office of the Secretary of the University on January 3, 2011.

January 10, 2011
5:00 p.m.

Executive Committee Members present:  Mr. Hayden, Chairman, Ms. Gondar, Mr. Hunt, Mr. McCall, Mr. Murad, Mr. Spielvogel, Mr. Staller, Ms. Warren-Merrick 
      
      Other Trustees present:  Dr. Noguera
      
      Also present:  Chancellor Zimpher, Mr. O’Connor, Marti Anne Ellermann

January 10, 2011

      1.	CONVENING OF PUBLIC MEETING
      Mr. Hayden convened the Public Meeting at 5:10 p.m. on January 10, 2011 which was held in the Board Room, SUNY Global Center, New York, New York.  Mr. Hayden began the meeting by asking Chancellor Zimpher to present the resolution titled Amendments to Section 328.15 of 8 NYCRR (University Officers).  Mr. O’Connor explained that this resolution would delegate authority to the Chancellor for appointments of Executive Officers other than Vice Chancellors and Deputy Chancellors.  After a lengthy discussion, it was determined that no action will be taken at this time.  
      Chairman Hayden called upon Marti Anne Ellermann to present the College Councils resolution.  Ms. Ellermann stated that the purpose of this resolution is to provide guidance and direction to the campuses as well as outline the types of activities that would be defined as major plans that go to the College Councils.  
      Upon motion of Mr. McCall, seconded by Mr. Hunt, the following resolution was unanimously adopted:
College Councils
Whereas recent litigation has called into question the extent of the authority of the College Councils established under section 356 of the NYS Education Law; and

Whereas the exercise of the powers of the College Councils under the Education Law is subject to the general management, supervision, control and approval of and in accordance with rules established by this Board; and 

Whereas this Board, under Article IX of the Policies of the Board of Trustees (8 NYCRR §333.2), has delegated to campus presidents the administration of the campuses at which they serve and given presidents the power to “prepare and recommend the annual budget requests of the college and . . . report and make recommendations to the Chancellor and the Board of Trustees and the college council concerning the operation, plans and development of the college;” and

Whereas sections 356 and 6004 of the Education Law authorize each College Council and the board of trustees of the SUNY College of Environmental Science and Forestry (“ESF”), respectively, to review and make recommendations with respect to “major plans” of the president of such institutions and that such major plans and recommendations shall be submitted for approval by the State University Board; and

Whereas sections 356 and 6004 of the Education Law provide that the State University Board shall determine what constitutes such major plans within general definitions set forth in the statutes; and

Whereas this Board previously has granted to the College Councils an explicit role in the appointment of campus presidents, the naming of building and grounds, the approval of student conduct codes and traffic and parking regulations for their campus, subject to the general supervision, management, control and approval of the State University Board; and 


Whereas sections 356(3)(b) and 6004(d) of the Education Law state that major plans subject to the review of the College Councils and EFS board of trustees, respectively, are generally defined to include: 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 standards for the earning of degrees, expansion of institutional plants and appraisal or improvement of student activities and housing; now, therefore, be it 

Resolved that this Board, consistent with past practice, specifically defines major plans within the meaning and purpose of sections 356(3)(b) and 6004(d) of the NYS Education Law to include the following:

--plans to close or open a branch or extension campus as defined by 8 NYCRR Part 50;

--plans to eliminate, other than by administrative restructuring of existing resources, or open a school, decanal unit or other similar multi-departmental division within an institution;
--plans to purchase or sell real property, other than for or by a hospital, valued at more than $50 million; 

--plans to construct or demolish a student residential facility;

and, be it further 

Resolved that this Board confirms the following previously adopted resolutions granting specific powers to the College Councils: Trustees’ Resolution 97-127 (dated September 23, 1997) (appointment of campus presidents); Trustees’ Resolution 2006-21 (dated March 13, 2006) (adoption of traffic and parking regulations); Trustees’ Resolution 2010-022 (dated March 23, 2010) (naming of buildings and grounds) and Trustees’ Resolution  67-157 (dated May 11, 1967) (approval of student codes of conduct). 	(2011-005)


	Mr. O’Connor presented the resolution titled Community College Capital Projects Delegation.  He stated that the proposed resolution delegates the authority to the Chancellor to approve the financing of the State share of Community College Capital Projects.  He also said that this action will help streamline and enhance the process. 
        Upon motion of Mr. Spielvogel, seconded by Ms. Warren-Merrick, the following resolution was unanimously adopted:
Community College Capital Projects Delegation

Whereas pursuant to Education Law §6304, 50% of the cost of a community college capital project is provided by the State (the “State share”) and 50% is provided by the local sponsor (the “local sponsor’s share”); and 

Whereas the State finances the State share either with State hard dollar appropriations (moneys appropriated for expenditure from the State Treasury without a requirement that the State be reimbursed) or with the proceeds of bonds issued by the Dormitory Authority of the State of New York pursuant to a bond financing program authorized by Education Law §6304(8) and Public Authorities Law §§1678(21) and 1680(9)-(16); and 

Whereas under regulations of the State University, the State share of a community college project is limited to one-half the amount of total capital expenditures for the project approved by the State University Board; and

Whereas by statute and regulations of the State University, an application for bond financing of the State share of the cost of a community college project is subject to the approval of the State University Board; now, therefore, be it 

Resolved that the Board of Trustees delegates to the Chancellor, or designee, the approval of (i) the amount of total capital expenditures for a community college project, (ii) the financing with hard dollar appropriations of the State share of a community college project, and (iii) the application of a local sponsor for bond financing by the Dormitory Authority of the State of New York of the State share of a community college project; provided, however, that the Chancellor, or designee, shall not grant such approvals unless (i) an appropriation has been enacted for the community college project, and  (ii) the local sponsor has approved the local sponsor’s share of the community college project; and, be it further

Resolved that the Board of Trustees, on its own initiative, may take up any matter delegated by this resolution. 
	(2011-006)
	

	2.   	UPDATE ON STRATEGIC PLANNING
	Chairman Hayden called upon Chancellor Zimpher to provide an update on the Strategic Plan.  The Chancellor stated we are deeply engaged in the fourth phase of the Strategic Plan.  She went on to say that she and Chairman Hayden attended the Governor’s State of the State Address, and the Governor made mention of the role of higher education as an economic driver.  Chancellor Zimpher said the Governor was quoted as saying, “We look to partner with our great SUNY system, especially across upstate New York in making this a reality.”  The Chancellor reported that they have been meeting with economic development councils and chambers to discuss SUNY’s role, presence, and commitment to economic growth and development.  The Chancellor continued her update on the progress of the implementation of the Strategic Plan by highlighting specific examples of projects related to the six big ideas: SUNY and the Entrepreneurial Century; SUNY and the Seamless Education Pipeline; SUNY and a Healthier New York; SUNY and an Energy-Smart New York; SUNY and the Vibrant Community; and SUNY the World.   Chancellor Zimpher then discussed the metrics for how success will be measured, stating the Board will receive progress reports in May and September.  She asked that the members review the metrics so that they will have an understanding of our intentions
      Chancellor Zimpher stated that there will be a State of the University address on January 19 and that the Trustees have been invited to attend.
      Chairman Hayden stated that the two remaining agenda items will be discussed in Executive Session.
      3.	ADJOURNMENT
      There being no further business, upon motion of Ms. Gondar, seconded by Mr. Murad, the Public meeting was adjourned at 6:19 p.m.
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Executive Committee Minutes	January 10, 2011