STATE UNIVERSITY OF NEW YORK Minutes of Meetings of the Board of Trustees of State University of New York March 22, 2011 (Subject-to-Correction) The Board of Trustees of State University of New York met on March, 2011 at 10:30 a.m. at the Binghamton University, University Union Building, Mandela Room, Vestal, New York pursuant to calls sent by the Office of the Secretary of the University on February 22, 2011. March 22, 2011 10:30 a.m. Trustees present: Mr. Hayden, Chairman; Mr. Belluck; Dr. Ehrenberg; Ms. Gondar; Mr. Hunt; Mrs. Lewin; Dr. Lichtman; Dr. O’Brien; Ms. Sanford; Mr. Staller Trustees present via video in New York City: Dr. Noguera; Mr. Spielvogel; Ms. Warren-Merrick Trustees absent: Mrs. Audi; Mr. McCall; Mr. Murad; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O’Connor; Ms. Rimai 12:30 p.m. Trustees present: Mr. Hayden, Chairman; Mr. Belluck; Dr. Ehrenberg; Ms. Gondar; Mr. Hunt; Mrs. Lewin; Dr. Lichtman; Dr. O’Brien; Ms. Sanford; Mr. Staller Trustees present via video in New York City: Ms. Warren-Merrick Trustees absent: Mrs. Audi; Mr. McCall; Mr. Murad; Dr. Noguera; Mr. Spielvogel; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O’Connor; Ms. Rimai March 22, 2011 1. CONVENING OF PUBLIC MEETING Mr. Hayden convened the Public Meeting at 10:32 a.m. which was held in the Mandela Room at the Binghamton University in Vestal, New York. Chairman Hayden noted that Trustees Noguera, Spielvogel, and Warren-Merrick were participating via video conference from New York City and that the meeting is being web cast. Mr. Hayden said that they had a series of successful committee meetings yesterday and this morning, as well as a delightful reception and dinner the previous evening with Binghamton University Professor Angelo Mastrangelo, President Kevin Drumm of Broome Community College, Neil Milliken, Chair of the Corning Community College Presidential Search Advisory Committee, Tom Blumer, Chair of the Regional Board of Trustees and Kate Douglas, the proposed new President of Corning Community College. He also thanked Peter Magrath for his outstanding stewardship of Binghamton University. Mr. Hayden stated that in Executive Session, they will discuss personnel matters including the approval of the appointment of Kate Douglas as President of Corning Community College, receive an update on presidential searches, and General Counsel Bill Howard, will present the litigation report. Chairman Hayden also stated that following the Board meeting, the spring Public Hearing will be held at 3:00 p.m. 2. CONVENING OF EXECUTIVE SESSION At 10:36 a.m., Mr. Hayden called for an Executive Session under provisions of Section 105 of Article 7 of the Public Officers Law, as follows: S (1) (d) "discussions regarding proposed, pending or current litigation"; S (1) (f) "the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation." Upon motion of Ms. Sanford, seconded by Ms. Gondar, it was unanimously agreed to convene an Executive Session for the purposes specified by Mr. Hayden. Mr. Hayden recessed the Executive Session at 12:20 p.m. 12:30 p.m. 3. RECONVENING OF PUBLIC MEETING On March 22, 2011 at 12:27 p.m., Mr. Hayden reconvened the Public Meeting, which was held in the Mandela room at the Binghamton University in Vestal, New York. Mr. Hayden noted again that the meeting is being web cast and that Trustee Warren-Merrick is participating at the College of Optometry in New York City. He thanked Peter Magrath and his Council Chair, Kate Madigan for the extraordinary hospitality that has been extended by the Binghamton University to the SUNY Board of Trustees. Mr Hayden also welcomed Bill Howard, General Counsel, to his first formal board meeting. Mr. Hayden said he was pleased the following campus presidents were present at the meeting in Binghamton: Ronald Heacock, Adirondack Community College; Quintin Bullock, Schenectady County Community College; and Donald Katt, Ulster County Community College. Chairman Hayden went on to report that a small number of University at Albany students caused what was referred to as a riot in a neighborhood adjacent to the Albany campus that gave the campus and its students a public black eye. He commended University at Albany President George Philip and the campus community for stepping up not only to issue a public apology, but for also launching a neighborhood cleanup. Mr. Hayden noted that a detailed accounting of what happened is included in the Board meeting materials. The Chairman provided an update on presidential searches, stating the Chancellor has announced that she will submit to the Board of Trustees the name of University at Buffalo’s Provost Satish Tripathi to serve as the next President of the University at Buffalo. He also said this recommendation comes from an outstanding search conducted by the University’s presidential search committee and was endorsed by Buffalo’s University Council. Mr. Hayden reviewed the search process and stated a special meeting of the Board of Trustees will be held in Buffalo in April to vote on this recommendation. Chairman Hayden also reported on the presidential search at Binghamton University stating it did not come to a successful conclusion and that he and other Trustees as well as System Administration leadership will meet with the Binghamton University Council and Presidential Search Committee to discuss the status next steps. Chairman Hayden stated that he is pleased that Peter Magrath has agreed to continue his role as interim president until his successor is appointed. 4. RESOLUTIONS Chairman Hayden called on Chancellor Zimpher to present the appointment resolution of Katherine Douglas. Chancellor Zimpher began by thanking Tom Blumer, Chairman of the Corning Board and Neil Milliken, Chair of the Corning Search Committee for a successful search. She said that Dr. Douglas has over 30 years of experience in leading community colleges and she was pleased to recommend that Katherine P. Douglas be appointed as president at SUNY Corning Community College. Chairman Hayden then called upon Dr. Blumer to say a few words. Dr. Blumer thanked Chairman Hayden, the Trustees, and Chancellor Zimpher for the opportunity to serve. He also thanked Dr. Neil Milliken and the presidential search advisory committee for conducting an exhaustive and professional search process. He concluded by thanking Kate Douglas for agreeing to serve as Corning Community College’s sixth president in their 50 plus year history and introduced Dr. Neil Milliken. Dr. Milliken also thanked the Board of Trustees and the Chancellor for confirming their choice of Dr. Douglas as the sixth president of Corning Community College and said that they look forward to her leadership as they face the challenges ahead. He stated that the number of applications received exceeded their expectations and also gave examples of the candidates’ backgrounds. He ended by thanking the Board of Trustees and the Chancellor for their continued support of community colleges. Mr. Hayden asked Kate Douglas to say a few words. Dr. Douglas thanked Chairman Hayden, Trustees, Chancellor Zimpher, the SUNY Vice Chancellors and staff, Corning Community College Board of Trustees Chair Tom Blumer, Vice Chair Dr. Neil Milliken, invited guests and members of the college community. She said that she looks forward to making a contribution to individual student’s lives, developing and educating workforce for Stueben, Chemung and Schuyler counties, New York State, and beyond. Appointment of Katherine P. Douglas as President - the State University of New York Corning Community College Upon motion of Mrs. Lewin, seconded by Ms. Sanford, the following resolution was unanimously adopted: Resolved that the appointment of Katherine P. Douglas as President of Corning Community College, at a salary of $160,000, effective July 1, 2011 as approved by the Regional Board of Trustees of that College, be and hereby is approved. 2011-013 Mr. Hayden called upon Senior Vice Chancellor Monica Rimai to present the resolution commending Marti Ellermann for her service as Interim University Counsel. Ms. Rimai stated that Marti Anne Ellermann is being recognized for taking on new challenges with tremendous skill and knowledge. After reading the resolution, Chairman Hayden asked Chancellor Zimpher to say a few words. The Chancellor stated that Marti Ellermann has been a wonderful counsel to her personally and professionally and that she has laid the groundwork for welcoming our new General Counsel, Bill Howard and it is very much appreciated. Commendation of Marti Anne Ellermann Upon motion of Dr. Ehrenberg, seconded by Dr. Lichtman, the following resolution was unanimously adopted: Whereas with the knowledge that Marti Anne Ellermann had joined the Office of University Counsel in 1980 and had served the University admirably as an attorney in wide-ranging roles of increasing responsibility, including as Senior Managing Campus Counsel between 1998 and 2006, and as Senior Counsel commencing 2006, the Board appointed Ms. Ellermann as Interim University Counsel of the State University of New York, effective May 11, 2010; and Whereas Ms. Ellermann has devoted her considerable energy, intelligence, grace and substantial higher education experience to the performance of the office of Interim University Counsel from the date of her appointment to the appointment of William F. Howard as Vice Chancellor and General Counsel, effective March 1, 2011; and Whereas Ms. Ellermann has served as Interim University Counsel with exceptional competence and effectiveness, and has inspired in her colleagues in the Office of the General Counsel a renewed sense of professionalism and stability; now, therefore, be it Resolved that the Board hereby formally commends, and extends its sincere gratitude to, Marti Anne Ellermann for her outstanding service to the University as Interim University Counsel. 2011-014 5. CHANCELLOR’S REPORT Chancellor Zimpher began her report by stating that the Princeton Review listed the top 100 best value colleges for 2011 and included SUNY Geneseo, Stony Brook University, and Binghamton University with Binghamton University ranking fourth overall. She congratulated the State University of New York and went on to report on the six big ideas and provided examples in each area. The Chancellor said that SUNY and the Entrepreneurial Century’s notable accomplishment is that over 1000 New Yorkers have completed what the Levin Institute and our New York City Global Center calls ‘fast track’, a collaboration with the Kaufman Foundation that helps entrepreneurs develop skills to start and grow successful 21st century businesses. She noted that under SUNY and the Education Pipeline, conversations are advancing in five areas across the state in creating local community cradle-to-career partnerships to close the achievement gap in our communities, state and across the country. With regard to SUNY and the Energy Smart New York, she complimented SUNY Fredonia as one of 34 colleges and universities across the country to receive a STARS ranking. Chancellor Zimpher was pleased to announce that in relation to SUNY and a Healthier New York, the College of Nanoscale Science and Engineering at the University at Albany and SUNY Downstate Medical Center established a first of its kind dual degree program in medicine and nanoscale science and engineering. She also reported that with regard to SUNY and the Vibrant Community, the Carnegie Foundation for the Advancement of Teaching has granted Stony Brook University the highly selective 2010 Community Engagement classification for curricular engagement and community outreach. Chancellor Zimpher highlighted one example of SUNY and the World accomplishments and said that the structural engineers and architects at the University at Buffalo have been advising Haiti in the effects of the devastating earthquake and holding seminars there over the past year. Chancellor Zimpher provided an update on the implementation of the Strategic Plan. She said that a baseline report card will identify the metrics that most appropriately reflect the progress across certain dimensions and 2008-2009 data will be used as a benchmark going forward. The Chancellor continued by providing a timeline of meetings and conversations that will lead up to a public statewide convening to announce the metrics and variables that will define the Report Card on May 17, 2011. Chancellor Zimpher also reported that with the assistance of the Rockefeller Institute on Government, University at Buffalo and the College at New Paltz, we are working toward a comprehensive analysis on the economic impact of the State University of New York statewide and that announcement will come in late May. She said that in the fall, SUNY will host a national conference on the role of higher education in economic revitalization in which we will ask scholars from around the country as well as the University community to reflect on our strategies and help to refine them. The Chancellor went on to say that she has been traveling the state to speak about SUNY’s role in economic development and to share our commitment to economic revitalization with chambers, economic development councils, and workforce investment boards. Chancellor Zimpher stated that SUNY is on the editorial pages of a number of various newspapers and she is pleased to report that they have met with representatives of the New York Times editorial board. She said SUNY is creating a formidable advocacy structure for our budget season and pointed out the number of contacts that have been made across the Executive Branch, the Senate and Assembly. The Chancellor also stated that through Chairman Hayden and Trustee McCall, we had conversations with the Governor and the Speaker. She then announced that SUNY has a new website called SUNYAdvocates.org and we are organizing the voices of many of our constituents. Chancellor Zimpher concluded by reporting on the State’s budget reductions and possible restorations. She stated while there is a possibility of partial restorations to both our hospitals and community colleges, there is still the absence of any restorations for SUNY’s four-year schools and university centers. She went on to say that without significant restoration, SUNY’s only option is to increase revenue through tuition. The Chancellor ended by saying that we cannot let this year’s budget process conclude without addressing tuition reform and we believe a fair, predictable and responsible five year tuition plan will allow our schools to maintain quality and protect access. Chairman Hayden stated that in the absence of Carl McCall, he had the privilege of chairing the Finance and Administration Committee this morning. He said they reviewed and discussed a resolution pertaining to fair, predictable and responsible tuition. He called upon Senior Vice Chancellor Monica Rimai to provide a truncated version of the report which she provided to the Committee. Ms. Rimai stated that our core instructional budget relies heavily on State tax support and tuition and it has been terribly burdened by our limited ability to manage tuition in a coherent fashion. She said that SUNY’s tuition has been unpredictable and has been permitted to be increased only 13 times in the last 48 years. Ms. Rimai stated that this tuition plan is based upon the concept of being fair, predictable and responsible and is designed to protect access through very modest increases. She also said that the predictably of a five-year plan will allow students and their families to make decisions about how to fund their education, and campuses to make important decisions on how to best leverage the resources that they have. Ms. Rimai said that the proposed plan is responsible because it speaks in terms of the notion of maintenance of effort. She provided data regarding SUNY’s competitiveness with peer institutions and explained why the increases would be modest. Dr. Ehrenberg commented that he wanted it to be clear that any tuition increase would benefit students at the State-operated units and the hospitals, but not the hospitals. Ms. Gondar commented that the Student Assembly’s position this year is not in terms of increasing tuition, but a critical safety net in regard to a rational tuition policy and cap and all monies if collected must go back to SUNY. She also stated that they are not to be raised more than 5.5% and in addition to keeping TAP level the same as tuition and maintenance effort agreement with the State. Ms. Gondar said that there is a vast amount of support among the students. She also thanked the Chancellor, Senior Vice Chancellor Monica Rimai and the Trustees for recognizing the Student Assembly’s wants and keeping them a priority in this discussion. Several Trustees commented that they are graduates of the SUNY system and are sensitive to any increase in tuition; however, they support this rational tuition resolution. Pursuit of a Five-Year Tuition Plan Upon motion of Mrs. Lewin, seconded by Dr. Ehrenberg, the following resolution was unanimously adopted: Whereas the State University of New York (SUNY) has already seen its capacity to deliver programs and services diminished – including hiring freezes, increased reliance on adjunct faculty, reductions in course offerings, increases in class size, a decrease in enrollment at our State Operated campuses for just the second time in the last 15 years, from fall of 2010 to fall of 2011, and already announced decisions to limit enrollments or otherwise restrict programs; and Whereas over the last 48 years SUNY has increased tuition only 13 times, with the smallest increase 7 percent ($310) in 2009-2010, and the largest increase 43 percent ($650) in 1991-1992. Seventeen times since 1963, a first-year student entered SUNY and never had to pay a tuition increase during his or her college career, while nine times others saw two or three tuition increases; and Whereas SUNY desires a tuition plan that will allow students and families to plan for the cost of a college education, as well as give SUNY a sustainable revenue stream that will enable students to successfully complete their baccalaureate degrees in a timely fashion and permit SUNY to undertake more planned program development; and Whereas SUNY is firmly committed to its mission of access for all New Yorkers to the quality education that it offers, but that access without timely completion is costly and unfair to students and their families; and Whereas SUNY is committed to exercising good stewardship over all resources and will continue to seek out and implement greater efficiencies in how we operate our campuses; and Whereas a fair tuition plan protects access and affordability through modest annual increases if such increases are necessary and will ensure that all the tuition charged by SUNY is invested in faculty, programs and curriculum that would enhance completion; and Whereas a predictable tuition plan allows students and families to plan over a five-year time period; and Whereas a responsible tuition plan establishes a “maintenance of effort” construct, that includes: * Placing state support received, and all tuition and fees charged by SUNY, in a fiduciary account or some other form of “lock box” whereby tuition and fees would be disaggregated from other general funds, and thus, not subject to future sweeps into the general fund. * Prohibits by statute the use of incremental increases in tuition to backfill cuts in state support for SUNY. Whereas SUNY students, through their duly elected representatives in the Student Assembly (SA), have courageously and wisely adopted a resolution calling for a rational tuition plan that appropriately limits the extent to which SUNY could raise tuition and includes a call for a maintenance of effort construct; and Whereas the SUNY faculty at our State Operated campuses, through their duly elected representatives in the University Faculty Senate (UFS), have adopted a resolution in support of a five-year tuition plan that is fair, predictable and responsible; and Whereas the process for establishing a budget in New York requires a high degree of flexibility, nimbleness and responsiveness to the ongoing negotiations between the Executive Branch and Legislature; now, therefore, be it Resolved that to meet the ongoing costs of current operations for the State Operated campuses, preserve gains in academic quality, achieve excellence, protect access and completion and serve the State of New York to the greatest degree possible, the SUNY Board of Trustees hereby authorizes the Chancellor to negotiate a five-year tuition plan for resident undergraduate students that is guided by the parameters set forth in the Student Assembly (SA) and University Faculty Senate (UFS) resolutions. 2011-015 Chairman Hayden called upon Secretary O’Connor to present other resolutions that will be voted on individually. Mr. O’Connor said that the Amendments to Part 311 of 8 NYCRR (Freedom of Information Law) resolution would designate the Chancellor to prepare in accordance with provisions of State Administrative Procedure Act rulemaking that would update our FOIL rules to be in compliance with recent changes that have taken place. He stated the resolution has been vetted and approved at both the Finance and Administration Committee and the Communications and External Affairs Committee. Amendments to Part 311 of 8 NYCRR (Freedom of Information Law) Upon motion of Mr. Hunt, seconded by Ms. Gondar, the following resolution was unanimously adopted: Whereas, the State University of New York is required by New York Public Officers Law to promulgate regulations to implement the Freedom of Information Law (“FOIL”) governing public access to records; and Whereas there is a need to update the University’s FOIL regulations contained in 8 NYCRR Part 311 in order to conform to changes in the Freedom of Information Law, now therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized and directed to prepare, in accordance with provisions of the State Administrative Procedure Act, Notice of Proposed Rulemaking to amend Part 311 of Chapter V of Title 8 of NYCRR, to read as follows (brackets denote old material to be deleted; underlining denotes new material to be added): PART 311 PUBLIC ACCESS TO RECORDS OF STATE UNIVERSITY OF NEW YORK * * * * * § 311.1 Designation of records access officer. (a) The chancellor for [the central] system administration of the university and the chief administrative officer of each State-operated institution are responsible for insuring compliance with the regulations herein. For the purposes of [central] system administration of the university, the Senior Vice Chancellor and Secretary of the University, or designee, State University Plaza, Albany, NY 12246, FOIL@suny.edu, shall serve as records access officer. A records access officer shall be designated by the chief administrative officer of each campus. For State-operated institutions, the name, title, business address and email address of the records access officer may be obtained from the office of the chief administrative officer of each campus. (b) Records access officers are responsible for insuring appropriate agency response to public requests for access to records. The designation of records access officers shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so. Records access officers shall insure that personnel: (1) maintain an up-to-date subject matter list; (2) assist the requester in identifying requested records, if necessary; (3) [upon locating the records, take one of the following actions: (i) make records available for inspection; or (ii) deny access to the records in whole or in part and explain in writing the reasons therefore] contact persons seeking records when a request is voluminous or when locating the records involves substantial effort, so that personnel may ascertain the nature of records of primary interest and attempt to reasonably reduce the volume of records requested; (4) [upon request for copies of records, make a copy available upon payment of 25 cents per page] upon locating the records, take one of the following actions: (i) make records available for inspection; or (ii) deny access to the records in whole or in part and explain in writing the reasons therefore; (5) [upon request, certify that a record is a true copy] upon request for copies of records, make a copy available upon payment of established fees, if any, in accordance with Section 311.8. (6) [upon failure to locate records, certify that: (i) the university or campus is not the custodian for such records; or (ii) the records of which the university or campus is a custodian cannot be found after diligent search.] upon request, certify that a record is a true copy; and (7) upon failure to locate records, certify that: (i) the university or campus is not the custodian for such records; or (ii) the records of which the university or campus is a custodian cannot be found after diligent search. § 311.2 Location. Records shall be available for public inspection and copying at the records access office or at the location at which they are maintained. § 311.3 Hours for public inspection. Requests for public access to records shall be accepted and records produced during all regular business hours. § 311.4 Requests for public access to records. (a) A written request may be required, but oral requests may be accepted [when records are readily available] in the discretion of the records access officer. (b) [A response shall be given, regarding any request reasonably describing the records or records sought, within five business days of receipt of the request.] The records access officer shall accept requests for records submitted in the form of electronic mail and shall respond to such requests by electronic mail, provided that the written requests do not seek a response in some other form. (c) A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought. (d) [Within five business days of the receipt of a written request for a record reasonable described, the records access officer shall make such record available to the person requesting it, deny such request in writing or furnish a written acknowledgment of the receipt of such request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when such request will be granted or denied. If the records access officer determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within 20 business days from the date of the acknowledgment of the receipt of the request, the records access officer shall state, in writing, both the reason for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part.] If agency records are maintained on the internet, the requester shall be informed that the records are accessible via the internet and in printed form either on paper or other information storage medium. (e) [The records access officer shall accept requests for records submitted in the form of electronic mail and shall respond to such requests by electronic mail, provided that the written requests do not seek a response in some other form.] A response shall be given within five business days of receipt of a request by: (1) informing the requester that the request or portion of the request does not reasonably describe the records sought, including direction, to the extent possible, that would enable the requester to request records reasonably described; (2) granting or denying access to records in whole or in part; (3) acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than twenty business days after the date of the acknowledgment, or if it is known that circumstances prevent disclosure within twenty business days from the date of such acknowledgment, providing a statement in writing indicating the reason for inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part; or (4) if the receipt of request was acknowledged in writing and included an approximate date when the request would be granted in whole or in part within twenty business days of such acknowledgment, but circumstances prevent disclosure within that time, providing a statement in writing within twenty business days of such acknowledgment specifying the reason for the inability to do so and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part. (f) In determining a reasonable time for granting or denying a request under the circumstances of a request, records access officers shall consider the volume of a request, the ease or difficulty in locating, retrieving or generating records, the complexity of the request, the need to review records to determine the extent to which they must be disclosed, the number of requests received by the campus or system administration, and similar factors that bear on the ability to grant access to records promptly and within a reasonable time. (g) [(f)] Failure by the records access officer to comply with the time limitations described herein shall constitute a denial of access. § 311.5 Subject matter list. (a) Each records access officer shall maintain a reasonably detailed current list, by subject matter, of all records in his or her possession, whether or not records are available pursuant to subdivision 2 of section 87 of the Public Officers Law (Freedom of Information Law). (b) The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought. (c) The subject matter list shall be updated [not less than twice per year.] annually. The date of the most recent update shall appear on the first page of the subject matter list. § 311.6 Records containing trade secrets. (a) Any person who submits records to the university may at the time of submission request that the university except such records or parts of such records from disclosure as trade secrets pursuant to sections 87(2)(d) and 89(5) of the Public Officers Law. The request for an exception shall be made in writing to the records access officer at the campus where the records have been submitted and shall state the reasons why the records should be excepted from disclosure. Such records shall be excepted from disclosure and maintained apart from all other records until 15 days after the entitlement to such exception has been finally determined or such further time as ordered by a court of competent jurisdiction. Where the request for exception itself contains information which if disclosed would defeat the purpose for which the exception is sought, such information shall also be excepted from disclosure. (b) The records access officer shall, at any time, or upon receipt of a request for access to such records, determine whether the request for exception will be granted, continued, terminated or denied. Before [doing so] making such determination, the records access officer shall: (1) notify the person who requested the exception that a determination is to be made whether such exception should be granted or continued; and (2) permit the person who requested the exception, within [10] ten business days of receipt of such notification, to submit a written statement of the necessity for granting or continuing such exception. (c) Within seven business days of receipt of such statement or within seven business days of the expiration of the period prescribed for submission of such statement, the records access officer shall issue a written determination granting, continuing, terminating or denying the exception and stating the reasons therefor. Copies of such determination shall be transmitted to the person, if any, requesting the records, the person who requested the exception and the Committee on Open Government. (d) A denial of an exception from disclosure may be appealed by the person submitting the records and a denial of access to the records may be appealed by the person requesting the records. The following person shall [hear] determine such appeals: Chief Operating Officer [Vice Chancellor for Governmental and University Relations], or Designee State University of New York State University Plaza Albany, NY 12246 Telephone: (518) [443-5148] 320-1400 The appeal shall be in writing and shall be made within seven business days of receipt of a denial. The appeal shall be determined within [10] ten business days of receipt of the appeal. Written notice of the determination and a statement of reasons for the determination shall be served upon the person, if any, requesting the records, the person who requested the exception and the Committee on Open Government. (e) A proceeding to review a denial of an exemption from disclosure or a denial of access to the records may be brought under Article 78 of the New York Civil Practice Law and Rules by the person submitting the records or the person requesting the records, within 15 days of service of the denial. (f) [(e)] Records or parts of records identified as trade secrets shall be maintained in a safe and secure manner and shall be charged to the custody of the head of the department or office in which the records are filed. That individual shall specify which persons subject to his or her supervision may inspect such records. The records access officer, the Senior Vice Chancellor and Secretary of the University [Executive Director, Central Administration Services], or designee, and the Chief Operating Officer [Vice Chancellor for Governmental and University Relations], or designee, shall have the right to inspect such records. § 311.7 Denial of access to records. (a) This section shall not apply to records or parts of records alleged to contain trade secrets. (b) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the [individual or body established to hear appeals.] FOIL Appeals Officer, who shall be identified by name, title, business address and business telephone number. (c) If requested records are not provided promptly, as required in Section 311.4 [of this Part], such failure shall also be deemed a denial of access. (d) The following person shall [hear] determine appeals for denial of access to records under the Freedom of Information Law: Chief Operating Officer [Vice Chancellor for Governmental and University Relations], or Designee State University of New York State University of Plaza Albany, NY 12246 Telephone: (518) [443-5148] 320-1400 (e) Any person denied access to records may appeal within thirty days of a denial. (f) [(e)] The time for deciding an appeal by the individual designated to [hear] determine appeals shall commence upon receipt of a written appeal identifying: (1) [the date of the appeal] the date and the location of the requests for records; (2) [the date and location of the requests for records] a description, to the extent possible, of the records to which the requester was denied access; and (3) [the records to which the requester was denied access] the name and return address of the person denied access. [(4) whether the denial of access was in writing or due to failure to provide records promptly as required by section 311.4(d) of this Part; and (5) the name and return address of the requester.] (g) A failure to determine an appeal within ten business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal. [(f) The individual or body designated to hear appeals shall inform the requester of its decision in writing within 10 business days of receipt of an appeal.] (h) [(g)] The person or body designated to [hear] determine appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to: Committee on Open Government Department of State One Commerce Plaza, Suite 650 99 [162] Washington Avenue Albany, NY 12231 (i) [(h)] The person or body designated to [hear] determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within [seven] ten business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision [(f)] (h) of this section. § 311.8 Fees. (a) There shall be no fee charged for: (1) inspection of records for which no redaction is permitted; (2) search for, the administrative costs of, or employee time to prepare photocopies of records; or (3) review of the content of requested records to determine the extent to which records must be disclosed or may be withheld; or (4) [(3)] any certification pursuant to this Part. (b) [Copies of records shall be provided upon payment of 25 cents per page.] Fees for photocopies of records may be charged, provided that: (1) the fee shall not exceed 25 cents per page for photocopies not larger than 9 by 14 inches; and (2) the fee for photocopies of records in excess of 9 by 14 inches shall not exceed the actual cost of reproduction. (c) Fees for other records may be charged based on the actual cost of reproduction of a record, which may include only the following: (1) an amount equal to the hourly salary attributed to the lowest paid employee who has the requisite skill to prepare a copy of the requested record, but only when more than two hours of the employee’s time is necessary to do so; and; (2) the actual cost of the storage devices or media provided to the requester in complying with the request; or (3) the actual cost to engage an outside professional service to prepare a copy of a record, but only when system administration or campus is unable, due to technological limitations, to prepare a copy of the record and if such service is used to prepare the copy; (d) When system administration or the campus has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from non-electronic records, the retrieval or extraction of such record or data must be accomplished electronically. In such case, a fee may be charged in accordance with paragraph (c)(1) and (2) above. (e) The requester shall be informed of the estimated cost of preparing a copy of a record if more than two hours of an employee’s time is needed, or if it is necessary to retain an outside professional service to prepare a copy of the record. (f) System administration or the campus may require that the fee for copying or reproducing a record be paid in advance of the preparation of such copy. § 311.9 Public notice. A notice containing the title or name and business address of the records access officer and appeals person or body and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept. § 311.10 Severability. If any provision of this Part or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this Part or the application thereof to other persons and circumstances. 2011-016 Mr. O’Connor asked Julie Gondar to present the Amendments to Student Assembly Articles of Organization (8 NYCRR Sections 341.4 and 341.18). Ms. Gondar stated that this resolution authorizes emergency rulemaking to amend the Student Assembly Articles of Organization to grant representation and the ability to vote on issues affecting SUNY to additional graduate student governments. Amendments to Student Assembly Articles of Organization (8 NYCRR Sections 341.4 and 341.18) Upon motion of Ms. Gondar, seconded by Dr. Lichtman, the following resolution was unanimously adopted: Resolved that the Chancellor, or designee, be, and hereby is, authorized and directed to prepare, in accordance with provisions of the State Administrative Procedure Act, a Notice of Emergency Adoption and Proposed Rulemaking with respect to amendments to sections 341.4 and 341.18 of Part 341 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, to read as follows (brackets denote old material to be deleted; underlining denotes new material to be added): 341.4 Member institutions. Each campus of the State University shall be a member institution according to the following: the graduate division [of each university center] at each of the doctoral degree granting institutions; the undergraduate division [of each university center] at each of the doctoral degree granting institutions; each of the other State-operated campuses; each community college; New York State College of Ceramics at Alfred University; and one from the four statutory colleges at Cornell University. 341.18 Executive committee. (a) There shall be an executive committee of the student assembly to conduct necessary business between meetings of the student assembly and other matters as prescribed by this Part or the bylaws. The executive committee shall include the officers of the student assembly and the designated number of representatives from the following: [two] three representatives from the [university centers] doctoral degree granting institutions (undergraduate division); three representatives from the university colleges; [one representative from the health science centers;] two representatives from the Colleges of Technology, Agriculture and Technology, and [Specialized/]Statutory Colleges; [one] two representatives from the [university centers (] graduate division of the doctoral degree granting institutions[)]; six representatives from the community colleges and one nonvoting student representative from each standing committee. In order to serve as a member of the executive committee, an individual must be a student at a State University of New York campus and must maintain a cumulative GPA of 2.0 or higher. 2011-017 Mr. O’Connor presented the Amendments to Campus-Related Auxiliary Services Corporations Guidelines resolution approved by the Finance and Administration Committee and stated that it clarifies the missions and responsibilities of campus-related organizations relating to their Boards of Directors and their responsibilities. Amendments to Campus-Related Auxiliary Services Corporations Guidelines Upon motion of Mrs. Lewin, seconded by Ms. Sanford, the following resolution was unanimously adopted: Whereas by Resolution No. 2003-39, adopted April 29, 2003, the State University Board of Trustees established the Campus-Related Entity Guidelines, including Guidelines for Campus-Related Auxiliary Services Corporations, which went into effect on July 1, 2003; and Whereas a University-wide Task Force on SUNY Auxiliary Services Corporations was convened in order to review and make recommendations regarding the governance, structure, policies and practices of campus-related Auxiliary Services Corporations throughout the SUNY System in order to strengthen their standing and to address potential audit concerns; and Whereas the Task Force has made recommendations to revise the 2003 Auxiliary Services Corporations Guidelines by specifying operational areas where management policies should be established and by strengthening the independent status of these entities; now, therefore, be it Resolved that the Guidelines for Campus-Related Auxiliary Services Corporations, approved by Resolution No. 2003-39, be, and hereby are rescinded, and revised Campus-Related Auxiliary Services Corporations Guidelines (copy on file in the Office of the Secretary of the University) be, and hereby are, approved for implementation beginning July 1, 2011. 2011-018 Mr. O’Connor asked Monica Rimai to represent the Approval of KPMG LLP to Provide Audit and Tax Services resolution. Ms. Rimai stated that this resolution pertains to the selection of an independent auditing firm for the purposes of auditing financial statements and providing tax services. Trustee Hunt commented that this was an extensive RFP process and deliberation by the Audit Committee which supports the selection of KPMG. Approval of KPMG LLP to Provide Audit and Tax Services Upon motion of Mr. Hunt, seconded by Mrs. Lewin, the following resolution was unanimously adopted: Resolved that the firm of KPMG LLP be, and hereby is, approved as the independent auditing firm to be retained to conduct the annual independent audit of the State University’s financial statements and to provide tax services for a three-year period beginning with the State University’s 2011 fiscal year, with an extension for an additional year permitted at the option of the State University; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to take appropriate action to retain the services of KPMG LLP upon such terms and conditions as the Chancellor, or designee, shall deem appropriate. 2011-019 Mr. Hayden called upon Monica Rimai to provide comments on the Cornell and Alfred tuition consultation. Ms. Rimai stated that this was discussed in the Finance and Administration Committee and is an informational item as both the Cornell statutory colleges and Alfred, as a statutory college, have control over their tuition as their tuition is off budget. She said that representatives from both Cornell and Alfred shared the basis of their decision to increase tuition, which largely had to do with market factors and the need to pursue excellence. 5.1 Approval of Minutes of the Board's Executive Committee Meeting Held on January 10, 2011 and Regular Monthly Meeting Held on January 11, 2011 Mr. Hayden called for a motion to approve the proposed minutes of the Board's Executive Committee meeting held on January 10, 2011 and the regular monthly meeting held January 11, 2011. Upon motion of Ms. Sanford, seconded by Dr. Ehrenberg, the proposed minutes were unanimously approved as the official minutes of the meetings held January 10, 2011 and January 11, 2011. 6. CONSENT AGENDA ITEMS Chairman Hayden then called upon Secretary O’Connor for the resolutions from the consent agenda. Upon motion of Ms. Sanford, seconded by Dr. Ehrenberg, the following resolutions were unanimously adopted. Awarding of Honorary Degrees Resolved that the candidates for Honorary Degrees set forth in a listing which has been filed with the Secretary of the University under date of March 22, 2011 be, and hereby are, approved for conferral of such degrees on the dates and at the places specified in the listing, in accordance with the Guidelines for the Awarding of Honorary Degrees, as last amended by Resolution 90-49, dated March 29, 1990. 2011-020 State University Board of Trustees Policy on Out-of-State, Credit-bearing Academic Degree and Certificate Programs Whereas the State University Board of Trustees possesses broad authority over the curriculum of its institutions, including the planning, general supervision and coordination of facilities and programs, pursuant to Sections 355(1)(a),(c), 355(2)(h) and 6303(4) of the Education Law; and Whereas the Board of Trustees academic policies apply to all academic offerings, regardless of the location of instruction and/or learning; and Whereas the University is committed to core values of broad-based access and opportunity and to the highest standards of academic excellence; and Whereas the University and its campuses have been at the forefront of assessment and quality assurance for over three decades, and have been a national model of best practice; and Whereas in addition to meeting the assessment standards of the State University of New York, the University’s campuses must meet the assessment standards of regional and programmatic accreditation; and Whereas the Middle States Commission on Higher Education and programmatic accrediting bodies require institutions to report “branch” campus and other off-campus instructional activity, regardless of location, and demonstrate comparable quality assurance across location; and Whereas the University seeks to be a transnational enterprise of the highest order and expand its programmatic reach across the globe; now, therefore, be it Resolved that in considering the development of academic programs to be delivered outside New York State, including those to be offered internationally, State-operated, statutory and community college campuses will: 1. adhere to all SUNY policies and procedures governing academic programs; 2. adhere to Middle States Commission on Higher Education policy and guidelines regarding branch operations and international activities; 3. submit proposals for new, revised and discontinued programs to the SUNY Provost for review and approval, following standard procedures and guidelines; 4. develop programs that are consistent with campus mission, demonstrated market and need, and evidence of academic quality; 5. endeavor to build on institutional strength by offering programs in disciplinary areas where there is demonstrable expertise and experience; 6. in cases where the proposed academic program involves a partnership with an entity in another state or country, provide clear evidence of the quality and reputation of said entity (e.g., institutional accreditation and academic program accreditation that is recognized by the country, state and/or territory in which the entity operates); 7. describe how proposed academic programs will enhance SUNY’s overall reputation as well as that of the individual SUNY campus; 8. provide for ongoing, systematic program assessment, applying the highest standards of quality and accountability, including applicable specialized accreditation; and 9. provide appropriate documentation of authorization/clearance to offer such programs in another state or country, where required; and, be it further Resolved that the Provost of the State University of New York will consult with campus leadership and faculty governance to implement this resolution, consistent with the University’s Strategic Plan. The Provost will advise the Board of Trustees of any additional steps that may need to be taken to ensure the smooth implementation of this resolution in a fashion that enhances access and quality at the State University. 2011-021 Amendments to 8 NYCRR Part 328 (University Officers) Resolved that the Chancellor, or designee, be, and hereby is, authorized and directed to prepare, in accordance with provisions of the State Administrative Procedure Act, Notice of Proposed Rulemaking to amend Part 328 of Title 8 NYCRR 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. 2011-022 Litigation Delegation Whereas under Title C of Art. IV the Policies of the Board of Trustees the General Counsel is the legal advisor to the State University, and upon the request of the Board or the Chancellor shall represent the University in legal actions; and Whereas under Executive Law § 63(1), the Attorney General represents the State University in litigation and can authorize the State University to bring its own actions or proceedings without the participation of the Attorney General, including through the use of private counsel who work under the General Counsel’s supervision and direction; now, therefore, be it Resolved that the Board hereby delegates to the General Counsel of the State University authority to (i) initiate litigation for and on behalf of the University, upon the request of the Board, the Chancellor or their designees, or upon the sole determination of the General Counsel, and (ii) request the Attorney General or private counsel to represent the State University in such litigation. 2011-023 Residence Halls Program Bonds Whereas pursuant to Resolution 95-181, adopted September 20, 1995, State University of New York entered into a program with the Dormitory Authority of the State of New York for the acquisition, construction and improvement of State University residence halls and related facilities; and Whereas pursuant to Resolution 2003-82, adopted September 16, 2003, the program for residence halls and related facilities was restructured; and Whereas the Dormitory Authority adopted on September 25, 1995, and amended and restated on September 24, 2003, the Lease Revenue Bond Resolution (State University Dormitory Facilities Issue) (as amended and restated, the “Bond Resolution”), pursuant to which bonds are issued to finance the program; and Whereas the State University and the Dormitory Authority propose to issue bonds under the Bond Resolution to finance the costs of residence halls facilities; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute and deliver, in the name and on behalf of the State University of New York, such documents as may be found appropriate to effectuate the purposes hereof, and to take steps necessary and appropriate to enable the Dormitory Authority of the State of New York to finance the costs of residence halls facilities in amounts authorized by the State Division of the Budget to support expenditures with respect to the State’s 2011-12 fiscal year, consistent with enacted capital appropriations. 2011-024 State Personal Income Tax Revenue Bonds Whereas pursuant to State Finance Law Art. 5-C, enacted by Ch. 383, Pt. I, L. 2001, Public Authorities Law Art. 8, Title 4, a State Personal Income Tax Revenue Bonds (Education) General Bond Resolution, adopted by the Dormitory Authority on July 24, 2002, and a State Personal Income Tax Revenue Bonds (General Purpose) General Bond Resolution, adopted by the Dormitory Authority on April 29, 2009, the Dormitory Authority is authorized to issue bonds, from time to time, the debt service of which is payable from a portion of the State’s personal income tax revenues, to finance State University educational facilities, the State share of the cost of capital facilities of community colleges under the program of the State University, and capital facilities of other entities; and Whereas by Resolution 2002-90, adopted August 8, 2002, the State University Board of Trustees authorized the execution and delivery of a proposed Disbursement and Use Agreement with respect to the State University educational facilities, among the State University, the State University Construction Fund, and the Dormitory Authority; and, with respect to the State share of the cost of capital facilities of community colleges under the program of the State University, approved the form of a disbursement and use agreement between each community college under the program of the State University, the local sponsor of each such community college, and the Dormitory Authority; and Whereas it is necessary to finance the cost of State University educational facilities as hereinafter provided; and Whereas it is necessary to finance the State share of the cost of capital facilities of community colleges under the program of the State University as hereinafter provided; and Whereas the Dormitory Authority proposes to issue State Personal Income Tax Revenue Bonds, in one or more series, from time to time, for the acquisition, construction and improvement of State University educational facilities, to finance the State share of the cost of capital facilities of community colleges under the program of the State University, and to finance capital facilities of other entities; now, therefore, be it Resolved that the Chancellor, or designee be, and hereby is, authorized to execute, deliver and otherwise provide any and all certifications, approvals, assurances or other documents, and to take steps necessary and appropriate to enable the Dormitory Authority of the State of New York to issue State Personal Income Tax Revenue Bonds, from time to time, for the acquisition, construction and improvement of State University educational facilities and to finance the State share of capital facilities of community colleges under the program of the State University, in amounts authorized by the State Division of the Budget to support expenditures with respect to the State’s 2011-12 fiscal year, consistent with the provisions of the State’s Multi-year Capital Financial Plan and enacted multi-year capital financing plan appropriations. 2011-025 Tax-Exempt Leasing Program -- University Hospital Medical Center at Syracuse Whereas pursuant to Title 18, Chapter 6 of the Unconsolidated Laws, as amended, State University of New York has the statutory authority to participate in the Dormitory Authority of the State of New York's Tax-Exempt Leasing Program ("Program") for hospitals and residential health care facilities; and Whereas University Hospital Medical Center at Syracuse desires to participate in the Program to finance certain equipment; and Whereas it is desirable to finance the cost of the Hospital's equipment acquisition and installation through the Program; now, therefore, be it Resolved that the form and content of the proposed Master Lease and Sublease Agreement ("Agreement”) by and between the State University and the Dormitory Authority of the State of New York (copy on file in the Office of the Secretary of the University), be, and hereby is, approved; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute and deliver one or more said Agreements in the name and on behalf of the State University of New York, for and on behalf of University Hospital Medical Center at Syracuse, with such changes and additions, not materially altering said Agreement, as may be found appropriate to effectuate the purposes thereof, and to provide all certifications, assurances or other documents, and to take any and all steps necessary and appropriate to enable the State University to participate in the Program for the acquisition and installation of the Hospital’s equipment in an amount not to exceed $14.3 million. 2011-026 Acquisition of Property – State University of New York College at Oneonta Whereas it is necessary for the purposes of the State University College at Oneonta to acquire real property hereinafter described; now, therefore, be it Resolved that the real property situated at 5 State Street, City of Oneonta, County of Otsego, State of New York (Tax Map # 288.14-1-62), owned by Francis J. Gaccione, be purchased for a sum not to exceed $60,000 as established by a proper appraisal, and an accurate survey and approval of title to said real property by the Attorney General; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the acquisition of title to and possession of such property. 2011-027 Acquisition of Property – State University of New York College at Oneonta Whereas it is necessary for the purposes of the State University College at Oneonta to acquire real property hereinafter described; now, therefore, be it Resolved that the real property situated at 110 Clinton Street, City of Oneonta, County of Otsego, State of New York (Tax Map # 288.13-2-38 and 288.14-1-43), owned by Marvin Taub, be purchased for a sum not to exceed $190,000 as established by a proper appraisal, and an accurate survey and approval of title to said real property by the Attorney General; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the acquisition of title to and possession of such property. 2011-028 Acquisition of Property – State University of New York College at Oneonta Whereas it is necessary for the purposes of the State University College at Oneonta to acquire real property hereinafter described; now, therefore, be it Resolved that the real property consisting of vacant land on Ford Avenue, City of Oneonta, County of Otsego, State of New York (Tax Map # 288.14-1-44 and 288.14-1-52), owned by the State University College at Oneonta Foundation Corporation, be purchased for a sum not to exceed $70,000 as established by a proper appraisal, and an accurate survey and approval of title to said real property by the Attorney General; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the acquisition of title to and possession of such property. 2011-029 Conveyance of Permanent Easement -- College of Environmental Science and Forestry Whereas broadband and its ability to enable access to and use of advanced Internet applications is increasingly important to institutions of higher education; and Whereas broadband is critically important to the State University of New York, especially to SUNY College of Environmental Science and Forestry (“SUNY ESF”) and its mission to advance education, research, and economic development; and Whereas the Development Authority of the North Country (“DANC”) is seeking permission to install, on land owned by the State in the Town of Fine, St. Lawrence County, a fiber optic communication line that would bring broadband capability to the SUNY ESF campus; and Whereas DANC requires a permanent easement, the approximate location of which is indicated on the map attached hereto, to construct and maintain the new transmission structures; and Whereas the Commissioner of General Services is authorized and empowered to convey easements in the lands of the People of the State of New York; now, therefore, be it Resolved that the Chancellor, or designee, be and hereby is authorized to take all steps necessary to execute or approve in the name of and on behalf of this Board, all documents, notices, maps, or any other instruments necessary or proper to effect conveyance of such easement pursuant to Section 3(2) of the Public Lands Law, subject to approval of the Commissioner of General Services. 2011-030 Facility Use Income - Hudson Valley Community College Whereas Education Law §6306(4) provides (1) that income from real or personal property acquired by a community college by deed, gift, devise or bequest may be applied to the maintenance of the program and purposes of the community college, and (2) that income from real or personal property given to a community college may be used to provide any part of the local sponsor’s share of capital or operating costs of a community college, upon the consent of the State University Board of Trustees; and Whereas Hudson Valley Community College has requested the consent of the State University Board to transfer a portion of its facility use revenue to the college’s local sponsor for use by the local sponsor to pay debt service related to the local sponsor’s share of capital costs for Phase II of the 1996-2005 + Facilities Master Plan; and Whereas the transfer of its facility use revenue would be effective September 1, 2011; now, therefore, be it Resolved that the Board hereby authorizes Hudson Valley Community College to transfer facility use revenue in an amount not to exceed $415,000 annually through 2026 to the college’s local sponsor for use by the local sponsor to pay debt service related to the local sponsor’s share of the cost of Phase II of the 1996-2005 + Facilities Master Plan capital facilities. 2011-031 Approval of the Renewal and Restructuring of the Charter of Harlem Day Charter School as Harlem Prep Charter School (Manhattan) Resolved that in accordance with the Request for Applications to Restructure a SUNY Authorized Charter School (the “RFA”), which was approved by the Education, College Readiness and Success Committee on November 17, 2010, the charter renewal application of the Harlem Day Charter School (the “School”), located in Manhattan, be, and hereby is, approved for a full-term of five years commencing with the expiration of the current charter subject to the following terms and conditions: * all of the trustees of the School shall resign and elect in their place and stead the trustees set forth in the Renewal Application; * the leadership of the School shall be changed in accordance with the RFA; * the school name shall be changed to “Harlem Prep Charter School;” and notwithstanding the Practices, Policies and Procedures for the Renewal of Charter Schools Authorized by the Board of Trustees of the State University of New York (the “SUNY Renewal Practices”) (available in the Albany office of the Charter Schools Institute (the “Institute”)), at the end of the renewal charter term, the School shall be treated for purposes of renewal as a school in its first charter term; and be it further Resolved that: 1) the School as described in its renewal application meets the requirements of the Charter Schools Act (as amended) and applicable laws, rules and regulations; 2) the School can demonstrate the ability to operate in an educationally and fiscally sound manner; and 3) approving the renewal application and renewing the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision 2850(2) of the Education Law; and be it further Resolved that the Institute, acting for the Board of Trustees, be, and hereby is, directed to: 1) enter into a proposed renewal charter with the School in accordance with this Resolution, which proposed charter shall include such assurances and terms as the Institute shall deem necessary and appropriate; and 2) thereafter to submit the proposed renewal charter to the Board of Regents for its review, comment and potential approval. 2011-032 Approval of Proposal to Establish the ROADS Charter School I (Brooklyn) Whereas the Charter Schools Institute (the “Institute”), acting on behalf of the Board of Trustees and in accordance with the New York Charter Schools Act of 1998 (as amended, the “Act”), issued a request for proposals (“RFP”) to establish new charter schools on January 3, 2011, in response to which ROADS Charter School I, to be located in Brooklyn, submitted a proposal that the Institute reviewed, scored and ranked, and recommends for approval (the “Recommended Proposal”) as set forth in the Institute’s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Senior Vice Chancellor and Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Proposal rigorously demonstrates that the Proposal has met the following criteria: (1) the proposed charter school would meet or exceed enrollment and retention targets, to be prescribed by the Board of Trustees, of students with disabilities, English language learners, and students who are eligible applicants for the federal free and reduced price lunch program; and (2) that the applicant has conducted public outreach, in conformity with a thorough and meaningful public review process prescribed by the Board of Trustees, to solicit community input regarding the proposed charter school and to address comments received from the impacted community concerning the educational and programmatic needs of students; and, be it further Resolved that the Board of Trustees has granted priority to the Recommended Proposal based on a scoring rubric that best demonstrates how proposed schools will achieve the objectives set forth in Education Law subdivision 2852(9-a)(c); and, be it further Resolved that the Recommended Proposal and the school described therein meet the requirements of the Act (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Proposal and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Proposal is likely to improve student learning and achievement and materially further the purposes set out in Education Law subdivision 2850(2); and, be it further Resolved that the Recommended Proposal be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: (1) enter into a proposed charter with the applicant of the Recommended Proposal, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and (2) thereafter to submit such proposed charter no later than November 1, 2011 as required by the Act to the Board of Regents for issuance by the Board of Regents on or before December 31, 2011. 2011-033 Approval of Proposal to Establish the ROADS Charter School II (Bronx) Whereas the Charter Schools Institute (the “Institute”), acting on behalf of the Board of Trustees and in accordance with the New York Charter Schools Act of 1998 (as amended, the “Act”), issued a request for proposals (“RFP”) to establish new charter schools on January 3, 2011, in response to which ROADS Charter School II, to be located in the Bronx, submitted a proposal that the Institute reviewed, scored and ranked, and recommends for approval (the “Recommended Proposal”) as set forth in the Institute’s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Senior Vice Chancellor and Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Proposal rigorously demonstrates that the Proposal has met the following criteria: (1) the proposed charter school would meet or exceed enrollment and retention targets, to be prescribed by the Board of Trustees, of students with disabilities, English language learners, and students who are eligible applicants for the federal free and reduced price lunch program; and (2) that the applicant has conducted public outreach, in conformity with a thorough and meaningful public review process prescribed by the Board of Trustees, to solicit community input regarding the proposed charter school and to address comments received from the impacted community concerning the educational and programmatic needs of students; and, be it further Resolved that the Board of Trustees has granted priority to the Recommended Proposal based on a scoring rubric that best demonstrates how proposed schools will achieve the objectives set forth in Education Law subdivision 2852(9-a)(c); and, be it further Resolved that the Recommended Proposal and the school described therein meet the requirements of the Act (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Proposal and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Proposal is likely to improve student learning and achievement and materially further the purposes set out in Education Law subdivision 2850(2); and, be it further Resolved that the Recommended Proposal be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: (1) enter into a proposed charter with the applicant of the Recommended Proposal, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and (2) thereafter to submit such proposed charter no later than November 1, 2011 as required by the Act to the Board of Regents for issuance by the Board of Regents on or before December 31, 2011. 2011-034 7. OTHER BUSINESS Chairman Hayden called upon Peter Magrath to speak about Binghamton University. President Magrath stated that he is pleased to host the Board of Trustees meeting and that it is important for both the Board and the campuses to get together to get a sense of what is going on at the campuses. He said that Binghamton University is a place of quality undergraduate education and instruction, and is a research intensive university with strong graduate programs which leads to economic development. He stated Binghamton University is also an incredibly international university with 20% of the students being from all parts of the globe. Tina Good reported that the Faculty Council has joined other SUNY voices including the students, System Administration, the University Faculty Senate as well as community college presidents in advocating for restoration of funds in the State budget. She also said that their plenary meeting will be hosted by Fulton-Montgomery College at the end of this week and they anticipate a visit by Congressman Tonko. Ms. Good stated that they have given their Distinguished Service Award to Senator Kenneth LaValle and a video will be shown at the plenary. She ended by thanking the Chancellor for attending Suffolk Community College’s celebration of their new learning center. Provost David Lavallee reported on enhanced mobility that provides a new common general education transfer addendum for all students. He stated that through the leadership of the Faculty Council of Community Colleges, the University Faculty Senate, and the participation of over 300 faculty on course committees, we now have majors that cover 90% of our transfers. Dr. Lavallee provided a demonstration of the active learning project. 8. ADJOURNMENT There being no further business, the Public meeting was adjourned at 2:05 p.m. Board Resolution -23- March 22, 2011 Board Minutes -29- March 22, 2011 -36- Board Minutes March 22, 2011 18 Board Minutes -44- March 22, 2011