M E M O R A N D U M June 15, 2011 To: Members of the Board of Trustees From: Nancy L. Zimpher, Chancellor Subject: Amendments to 8 NYCRR Part 328 (University Officers) Action Requested The resolution authorizes final rulemaking (i) to delete references to outdated titles and descriptions of the senior officers of the State University, as set forth in existing rules and in the Policies of the Board of Trustees, (ii) to confirm but make more flexible the Board’s appointment authority for senior officers at the rank of Vice Chancellor or above, and (iii) to delegate to the Chancellor, or designee, authority to appoint all executive officers other than Vice Chancellors and deputies to the Chancellor. Resolution I recommend that the Board of Trustees adopt the following resolution: Resolved that Part 328 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York be and hereby is amended to read as follows (brackets denote old material to be deleted; underlining denotes new material to be added): PART 328 UNIVERSITY OFFICERS * * * * * * * TITLE A—CHANCELLOR §328.1 Appointment. (a) The chancellor shall be appointed by the board of trustees and shall serve at the pleasure of the board of trustees. (b) At any time during the period of appointment, the board of trustees may evaluate the services of the chancellor. (c) The chancellor, upon appointment, shall be appointed to the faculty of the university in a position of academic rank with continuing appointment. §328.2 Chief executive officer. The chancellor shall be the chief executive officer of the university. The chancellor shall execute and enforce these policies and shall perform such other duties as may be assigned by the board of trustees. The chancellor shall make all appointments of employees, other than officers, to positions in the central office of the university in the classified service of the civil service of the State. §328.3 Assignment of powers and duties. The chancellor may assign to the officers, faculty and staff of the university powers, duties and responsibilities, and they shall be responsible to the chancellor and the board of trustees for the performance thereof, as well as for those powers, duties and responsibilities specifically vested in them by these policies. §328.4 Committees. The chancellor may establish and appoint such ad hoc university committees as the chancellor may deem advisable to assist in the development of specific programs and policies in the administration of the university. The chancellor shall be a member, ex officio, of all such committees. §328.5 Annual report. On or before December 1 of each year, the chancellor shall make an annual report to the board of trustees for the previous year, concerning the affairs of the university and recommendations with respect thereto. TITLE B—SECRETARY OF THE STATE UNIVERSITY §328.6 Appointment. The secretary of the State University shall be appointed by the board of trustees and shall serve at its pleasure. §328.7 Responsibilities. The secretary of the State University shall serve as secretary of the board and its committees, shall keep records of their proceedings and shall furnish minutes of such proceedings to the members of the board and its committees, respectively. The secretary shall be the custodian of the university seal and shall maintain a complete file of all reports of the board and its committees and perform such other duties as may be assigned by the board or any of its committees. The secretary shall perform such other powers and duties and have such other responsibilities, not inconsistent with responsibilities to the board of trustees, as may be assigned by the chancellor. TITLE C—OTHER SENIOR OFFICERS §328.8 Other senior officers. In addition to the chancellor and secretary, the senior officers of the State University shall include such other titles and officers at the level of vice chancellor or above as are recommended by the chancellor and approved and appointed by the board of trustees, all of whom shall serve at the pleasure of the board. Other than the chancellor, an individual may hold more than one senior officer title. Senior officers shall perform such duties as may be assigned from time to time by the board of trustees or the chancellor. [ TITLE C—STATE UNIVERSITY COUNSEL §328.8 Appointment. The State University counsel shall be appointed by the board of trustees upon recommendation of the chancellor and shall serve at the pleasure of the board. §328.9 Responsibilities. The State University counsel shall be the legal adviser to the university. The university counsel shall provide legal advice and opinions for the board of trustees and officers of the university on matters concerning university affairs. When requested by the board of trustees or the chancellor, the university counsel shall conduct negotiations and prepare legal documents for the university, and represent the university in legal actions. TITLE D—EXECUTIVE VICE CHANCELLOR §328.10 Appointment. The executive vice chancellor shall be appointed by the board of trustees upon recommendation of the chancellor and shall serve at the pleasure of the board. §328.11 Responsibilities. The executive vice chancellor shall, in the absence of the chancellor, perform the duties of the chancellor, and when so acting shall have all the powers of that office. The executive vice chancellor shall perform such other duties as from time to time may be assigned by the board of trustees or the chancellor. TITLE E—SENIOR VICE CHANCELLOR §328.12 Appointment. The senior vice chancellor shall be appointed by the board of trustees upon recommendation of the chancellor and shall serve at the pleasure of the board. §328.13 Responsibilities. The senior vice chancellor shall be responsible for the development and maintenance of the financial management system for the university and shall have such other powers and duties, including responsibilities with respect to the management of university endowment funds, as may be assigned by the board of trustees or the chancellor.] TITLE [F] D--OTHER OFFICERS AND PROFESSIONAL STAFF [§328.14] §328.9 Designation. There shall be other executive and administrative officers as shall be designated by the chancellor [with the consent of the board of trustees]. [§328.15] §328.10 Appointment. Vice chancellors[, associate chancellors, associate vice chancellors] and deputies to the chancellor[, or their equivalents,] shall be appointed by the board of trustees after receiving the recommendation of the chancellor; such officers shall serve at the pleasure of the board of trustees. All other executive and administrative officers shall be appointed by and serve at the pleasure of the chancellor or [his] designee. [§328.16] §328.11 Responsibilities. Executive and administrative officers shall have such powers, duties and responsibilities as may be assigned by the board of trustees or by the chancellor. [§328.17] §328.12 Appointment of other professional staff. Professional staff not in the negotiating unit established pursuant to article 14 of the Civil Service Law in the central administration of the university, other than executive and administrative officers, shall be appointed by and serve at the pleasure of the chancellor, or designee. Professional employees in the central administration shall be appointed by the chancellor, or designee, in accordance with the provisions of Part 335 of this Subchapter, which shall also govern the terms and conditions of service of such employees. Background The resolution authorizes final rulemaking to amend the outdated descriptions of the titles of the senior officers of the State University other than the Chancellor and Secretary. Rather than having to amend regulations for each creation or change in title of a senior officer—which requires action items for at least two Board meetings, usually in addition to Board action on the appointment itself—the regulation as amended would merely specify that the senior officers shall include, in addition to the Chancellor and Secretary, such other senior officers as are recommended by the Chancellor and approved and appointed by the Board. The regulations would also confirm current practice that senior officers other than the Chancellor may hold more than one senior officer title. For officers below the level of Vice Chancellor, the proposed regulations provide that such appointments shall be made by the Chancellor or designee, and existing provisions that provide for Board appointment of Associate Chancellors, Associate Vice Chancellors and their equivalents would be deleted. Notice of proposed rulemaking was published in the State Register on April 13, 2011. No comments were received. Board Resolution -6- June 15, 2011