2nd REVISED

M E M O R A N D U M
					
			
							January 11, 2011

To: 		Members of the Board of Trustees                          

From:	 	Nancy L. Zimpher, Chancellor

Subject: 	College Councils


Action Requested

	The proposed resolution defines for purposes of sections 356 and 6004 of the NYS Education Law those types of major plans developed by a campus president that require review and recommendations by the College Council of a State-operated institution and the board of trustees of the SUNY College of Environmental Science and Forestry, respectively.

Resolution

	I recommend that the Board of Trustees adopt the following resolution: 

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  67-158 (dated May 11, 1967) (approval of student codes of conduct). 

Background

	Recent litigation arising over certain decisions made by the President of Stony Brook University has called into question the interpretation of the NYS Education Law and Board policy with respect to the powers of the College Councils which are appointed by the Governor to advise campus presidents. By decision dated August 30, 2010, State Supreme Court Justice Baisley enjoined Stony Brook �from proceeding with the plan to close the Southampton campus� (the University denies that it closed the Southampton campus; rather it moved certain academic and residential programs to the main campus from Southampton) until such time as there was compliance with Section 356 of the Education Law which calls for College Council review and recommendations  with respect to �major plans� of a campus president. This decision is now on appeal to the Appellate Division, Second Department. 

	Because of long-standing practice, past Board action and existing Board delegation to campus presidents, there has been no previous necessity for direction from the State University Board of Trustees on the definition and scope of �major plans� for purposes of sections 356 of the Education Law or similar provisions applicable to the board of trustees of SUNY ESF. However, as a result of the pending litigation and appeal and to avoid uncertainty going forward, the Trustees are being asked to provide guidance to the State-operated campuses and ESF on which specific decisions initiated by a campus president are to be considered major plans under the Education Law and thus subject to the review and recommendations of the College Councils and ESF board of trustees, respectively, and subsequent approval of the Board of Trustees. This resolution follows past practice and reflects the powers granted to College Councils and the ESF board of trustees by statute, pursuant to which College Councils and the ESF board of trustees perform primarily an advisory role with some exceptions in connection with appointment of presidents, naming of buildings and grounds, drafting of student codes of conduct, and adoption of traffic and parking regulations. This resolution clarifies that those major plans requiring review and recommendations by College Councils under section 356(3) (b) and by the ESF board of trustees under section 6004(d) are limited to the enumerated categories of very substantial actions.






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Board Resolution		January 11, 2011