§ 6306 — Administration of community colleges--boards of trustees

§ 6306. Administration of community colleges--boards of trustees. 1.\nEach community college, except in the city of New York, shall be\nadministered by a board of trustees of ten members, nine of whom shall\nbe appointed for terms of seven years in annual rotation, and one member\nelected as herein provided, except that initial appointments shall be\nmade for terms of one to nine years respectively. Five members shall be\nappointed by the local legislative body or board, or other appropriate\ngoverning agency, one of whom may be a member of such local legislative\nbody or board, or other appropriate governing agency, four, from among\npersons residing in the sponsoring community, by the governor and one\nmember elected by and from among the students of the college who shall\nserve as a member of the board for a one-year term, provided, however,\nthat the term of the student member first elected shall be nine months\ncommencing October first, nineteen hundred seventy-five. The student\nmember shall be afforded the same parliamentary privileges as are\nconferred upon voting members, including but not limited to the right to\nmake and second motions and to place items on the agenda. Such student\nmember shall be subject to every provision of any general, special or\nlocal law, ordinance, charter, code, rule or regulation applying to the\nmembers of such board with respect to the discharge of their duties\nincluding, but not limited to, those provisions setting forth codes of\nethics, disclosure requirements and prohibiting business and\nprofessional activities. The election of the student member shall be\nconducted in accordance with rules and regulations promulgated by the\nrespective representative campus student association in accordance with\nguidelines established by the state university trustees. In the event\nthat the student member ceases to be a student at the institution, he\nshall be required to resign. The governor's initial appointments shall\nbe for terms of two, four, six and eight years respectively and those by\nlocal authorities for terms of one, three, five, seven and nine years\nrespectively. Vacancies shall be filled for unexpired terms in the same\nmanner as original selections by the authority responsible for the\noriginal selection. The board shall select its own chairman from among\nits voting membership. Where two or more local sponsors join in the\nestablishment of a community college, the apportionment of the\nappointments among them shall be made by the state university trustees.\nTrustees shall receive no compensation for their services but shall be\nreimbursed for their expenses actually and necessarily incurred by them\nin the performance of their duties under this article. Members initially\nappointed or elected under this subdivision to the board of trustees of\nany community college hereafter established shall take office\nimmediately upon their selection and qualification, but for purposes of\ndetermining the expiration of their respective terms and the\ncommencement of the terms of their successors, the term of office of\neach such initial member shall be deemed to have commenced on the first\nday of July of the year in which such college was established. The terms\nof office of all members of the boards of trustees of community colleges\nheretofore established, appointed or elected as provided in this\nsubdivision, shall terminate on the thirtieth day of June of the\ncalendar year within which such terms expire under the provisions of\nthis subdivision as hereby amended. For the purpose of determining such\nyear all initial terms of office of appointed members of the boards of\ntrustees of community colleges heretofore established shall be deemed to\nhave commenced on the first day of July of the year in which such\ncolleges were established and the terms of their successors for full\nterms, if any, shall be deemed to have commenced upon the expiration of\nthe number of years from such date for which such initial appointments\nwere made.\n The one member elected by and from among the students of the college\nmay be removed by such students in accordance with rules and regulations\npromulgated by the respective representative campus student association\nin accordance with guidelines promulgated by the state university\ntrustees. In the case of community colleges in the city of New York the\nyear in which any such college was established for the purposes of this\nsubdivision shall mean the year in which it was or may be determined\nthat its board of trustees be appointed and serve in the manner provided\nby this subdivision.\n The provisions of this subdivision shall not apply to community\ncollege regional boards of trustees.\n 1-a. Notwithstanding the provisions of subdivision one of this\nsection, the term of office of a member of the board of trustees of\nRockland Community College appointed by the local legislative body or\nboard shall be five years.\n 2. The board of trustees of each community college shall appoint a\npresident for the college, subject to approval by the state university\ntrustees, and it shall appoint or delegate to the president the\nappointment of other members of the staff. The staff of a community\ncollege shall consist of the professional service and the\nnon-professional service. The professional service shall include\npositions requiring the performance of educational functions in\nagriculture, home economics, liberal and applied arts and sciences,\nengineering, technical skills, crafts, business education, medicine,\ndentistry, nursing, academic administration, library service, student\nactivities, student personnel services, and other professions required\nto carry on the work of the community colleges. The non-professional\nservice shall consist of all positions not in the professional service.\nThe board of trustees of each community college shall adopt curricula,\nsubject to the approval of the state university trustees, prepare a\nbudget and, with the exception of community college regional boards of\ntrustees, submit such budget for approval by the local legislative body\nor board, or other appropriate governing agency and, subject to the\ngeneral supervision of the state university trustees, discharge such\nother duties as may be appropriate or necessary for the effective\noperation of the college. Where the city of New York is the local\nsponsor of a community college, salaries fixed by the board of trustees\nof such college shall be in accordance with salary schedules approved by\nthe mayor of that city.\n 3. In the city of New York, upon the establishment of a community\ncollege sponsored by the board of education, the sponsoring board shall\nbe the trustees and shall be vested with the powers of a board of\ntrustees of a community college, or upon the application of the\nsponsoring board, approved by the state university trustees, the board\nof trustees of such community college may be appointed and serve in the\nmanner provided by subdivision one of this section; and upon the\nestablishment and continuance of a community college sponsored by the\ncity of New York, the local sponsor may designate the board of education\nin that city as the trustee to be vested with the powers of a board of\ntrustees of a community college, or the local sponsor may provide that\nthe board of trustees of such community college shall be appointed and\nserve in the manner provided by subdivision one of this section. In the\nevent that the board of education serves as the board of trustees of a\ncommunity college in the city of New York, its powers and duties in\nrelation thereto shall be as prescribed in this article for boards of\ntrustees of community colleges. In the city of New York, the board of\ntrustees of the fashion institute of technology shall, under such\nby-laws as such board deems appropriate, provide for the eligibility for\nsabbatical leaves of absence to members of its permanent instructional\nstaff; provided, however, that when such leaves are for one-half year,\nthey shall be at full pay, and when such leaves are for one year, they\nshall be at half pay.\n 3-a. (a) Notwithstanding the provisions of subdivisions one and three\nof this section, effective July first, two thousand eight, the fashion\ninstitute of technology shall be administered by a board of trustees of\ntwelve members. Six members shall be appointed by the local sponsor, one\nof whom may be a member of such sponsor; five members shall be appointed\nby the governor from among persons who reside in the city of New York;\nand one member shall be elected by and from among the students of the\nfashion institute of technology.\n (b) The provisions of subdivisions one and three of this section\nnotwithstanding, effective July first, two thousand nine, the fashion\ninstitute of technology shall be administered by a board of trustees of\nfourteen members. Seven members shall be appointed by the local sponsor,\none of whom may be a member of such sponsor; six members shall be\nappointed by the governor from among persons who reside in the city of\nNew York; and one member shall be elected by and from among the students\nof the fashion institute of technology.\n (c) The provisions of subdivisions one and three of this section\nnotwithstanding, effective July first, two thousand ten, the fashion\ninstitute of technology shall be administered by a board of trustees of\nsixteen members. Eight members shall be appointed by the local sponsor,\none of whom may be a member of such sponsor; seven members shall be\nappointed by the governor from among persons who reside in the city of\nNew York; and one member shall be elected by and from among the students\nof the fashion institute of technology.\n * 3-b. The board of trustees of each community college, and those\nprovided for in the city of New York by subdivision three of this\nsection, shall adopt a policy for admission of students who have\ncompleted an online high school program located within the United States\nconsistent with the provisions of subparagraph eleven of paragraph h of\nsubdivision two of section three hundred fifty-five of this chapter.\n * NB Effective March 5, 2026\n 4. The board of trustees of each community college may acquire by\ndeed, gift, devise, bequest or lease, real or personal property suitable\nfor carrying out the program and purposes of the college, and pursuant\nto regulations prescribed by the state university trustees may apply any\nincome that may be derived therefrom to the maintenance thereof; but no\nlands, grounds, buildings, facilities or equipment shall be purchased or\nleased unless an appropriation has been made, therefor, or unless\notherwise authorized by law. Title to personal property so acquired\nshall vest in such board of trustees in its own name and such property\nshall be held and used by such board for college purposes. Title to real\nproperty so acquired shall vest in and be held by the local sponsor in\ntrust for the uses and purposes of the community college. Where a\ncommunity college region is the local sponsor of a community college,\ntitle to real and personal property shall vest in the community college\nregional board of trustees. The use of real or personal property given\nto the board of trustees of any community college, or of the income\ntherefrom, to provide any part of the local sponsor's share of capital\nor operating costs shall be subject to the consent of the state\nuniversity trustees and such regulations as they may prescribe.\n 5. The board of trustees shall have the care, custody, control and\nmanagement of the lands, grounds, buildings, facilities and equipment\nused for the purposes of such college and of all other property\nbelonging to such college and used for carrying out its purposes, and it\nshall have power to protect, preserve and improve the same.\n 5-a. a. The board of trustees of each community college shall have the\nauthority to appoint security officers for the community college and, in\nits discretion, to designate or to revoke the designation of one or more\nthan one security officer as a peace officer. A security officer so\ndesignated shall have the powers of a peace officer as set forth in\nsection 2.20 of the criminal procedure law. A security officer\ndesignated as a peace officer must have satisfactorily completed or\ncomplete, within one year of the date of such designation, a course of\nlaw enforcement training prescribed by the municipal police training\ncouncil in consultation with the state university board of trustees. A\npeace officer so designated may possess and carry a firearm as a part of\non duty employment only if authorized to do so by the president of the\ncommunity college. The geographical area of employment of a peace\nofficer so designated is the campus and other property of the community\ncollege at which the peace officer serves, including that portion of a\npublic highway which crosses or abuts such property, and residential or\nother facilities owned, operated, or maintained by a not-for-profit\nentity associated with the community college for which such community\ncollege provides security.\n b. The appointment of security officers at a community college shall\nbe governed by and conform with civil service laws, rules and\nregulations, if applicable to the community college and its employees.\nThe designation of a security officer as a peace officer shall be based\non qualifications established by the community college board of\ntrustees, and in accordance with seniority. For purposes of this\nsubdivision, "seniority" means total employment service with the\ncommunity college making such designation.\n c. A security officer who has been designated a peace officer may have\nsuch designation suspended or removed pursuant to procedures established\nby the community college or in compliance with any local collective\nbargaining agreement, if applicable to the community college and its\nemployees.\n d. The designation of peace officers pursuant to this subdivision\nshall not be deemed to supersede in any way the authority of other peace\nofficers and police officers.\n e. Nothing contained in this section shall be construed to: (i) alter\nany existing collective bargaining agreement; (ii) diminish the rights\nof employees pursuant to an existing collective bargaining agreement;\n(iii) affect existing law with respect to an application to the public\nemployment relations board seeking designation by the board that certain\npersons are managerial or confidential; or (iv) alter or restrict the\npower of a county or community college sponsor or employee organization\nto negotiate with respect to an alternate method of appointment or\npromotion of security officers.\n 5-b. Subject to the approval of the board of regents, the board of\ntrustees shall have the authority to grant honorary associate degrees.\n 6. The board of trustees shall have such other powers and perform such\nother duties as may be provided by law or prescribed by the state\nuniversity trustees.\n 7. Subject to the approval of the local sponsor acting through its\nlocal legislative body or board, or other appropriate governing agency,\nand pursuant to such regulations and limitations as may be established\nand prescribed by the state university trustees, the board of trustees\nof each community college may enter into any contract or agreement\ndeemed necessary or appropriate for the effective operation of the\ncollege, (1) including contracts or agreements entered into with the\nfederal government to enable participation in federal student loan\nprograms, including any and all instruments required thereunder;\nprovided, however, that the sponsor shall not be liable for any portion\nof any defaults which it has agreed to assume pursuant to any such\nagreement in an amount in excess of money appropriated or otherwise\nlawfully available therefor at the time the liability for payment\narises, and (2) including contracts with non-profit corporations\norganized by officers, employees, alumni or students of the college for\nthe furtherance of its objects and purposes. Notwithstanding the\nprovisions of any other law, general, special or local, such contracts\nentered into with such non-profit corporation shall not be subject to\nany requirement that contracts be let to the lowest responsible bidder\nafter advertisement for bids. Nothing contained in this subdivision\nshall be deemed to diminish or impair any powers or authority otherwise\nvested in the board of trustees of any community college. The provisions\nof this subdivision shall not apply to community college regional boards\nof trustees.\n 8. Subject to the approval of the local sponsor acting through its\nlocal legislative body or board, or other appropriate governing agency,\nand pursuant to such regulations and limitations as may be established\nand prescribed by the state university trustees with the approval of the\ndirector of the budget, the board of trustees of each community college\nmay participate in cooperative educational programs, services and\narrangements with colleges, universities, school districts, boards of\ncooperative educational services, libraries, museums and join any\ncooperative association of such educational institutions formed as a\ncorporation pursuant to section two hundred sixteen of this chapter. The\nprovisions of this subdivision shall not apply to community college\nregional boards of trustees.\n 8-a. a. The board of trustees shall, on or before January first, two\nthousand, adopt and implement a plan providing for the investigation of\nany violent felony offense occurring at or on the grounds of each such\ninstitution, and providing for the investigation of a report of any\nmissing student. Such plans shall provide for the coordination of the\ninvestigation of such crimes and reports with local law enforcement\nagencies. Such plans shall include, but not be limited to, written\nagreements with appropriate local law enforcement agencies providing for\nthe prompt investigation of such crimes and reports and a requirement\nthat the institution shall notify the appropriate law enforcement agency\nas soon as practicable but in no case more than twenty-four hours after\na report of a violent felony or that a student who resides in housing\nowned or operated by such institution is missing; provided that each\ninstitution shall: (1) inform each victim of a sexual offense of their\noptions to notify proper law enforcement authorities, including\non-campus and local police; (2) inform the victim of a sexual offense of\nthe right to report or not to report such offense to the local law\nenforcement agencies; and (3) offer the option to be assisted by campus\nauthorities in notifying such authorities, if the victim of sexual\nassault so chooses, all in compliance with applicable federal law,\nincluding, but not limited to, the federal Campus Sexual Assault\nVictims' Bill of Rights under Title 20 U.S. Code Section 1092(f).\n b. As used in this subdivision, the following terms shall have the\nfollowing meanings:\n (i) "Local law enforcement agencies" means any agency or agencies\nemploying peace officers or police officers for the enforcement of the\nlaws of the state, and which has or have jurisdiction under provisions\nof the criminal procedure law over offenses occurring at or on the\ngrounds of any institution subject to the provisions of this\nsubdivision.\n (ii) "Missing student" means any student of an institution subject to\nthe provisions of this subdivision, who resides in a facility owned or\noperated by such institution and who is reported to such institution as\nmissing from his or her residence.\n (iii) "Violent felony offense" means a violent felony offense as\ndefined in subdivision one of section 70.02 of the penal law.\n 9. In the case of colleges sponsored by community college regions,\nreferences in subdivisions two, four, five, six and eight-a of this\nsection to the board of trustees of a community college shall mean the\ncommunity college regional board of trustees.\n 10. The boards of trustees of the state university of New York\ncommunity colleges shall consult with boards of cooperative educational\nservices (BOCES) to identify new or existing programs offered to\nstudents that would allow a student to pursue an associate of\noccupational studies (AOS) degree from a community college upon high\nschool graduation. Once identified, BOCES in collaboration with the\ncommunity college boards of trustees shall make such path, identified\nprograms, and AOS degree options known to ensure that students are aware\nthat such options exist. Such notification shall begin in the eighth\ngrade, and include the provision of materials on AOS degree options to\nschool counselors in each school district in such region. Provided\nhowever, that such boards and BOCES shall not take any action to direct\nor suggest that a student should pursue a particular degree or pathway.\n 11. The board of trustees of each community college shall adopt\nwritten policies requiring that all public single-occupancy bathroom\nfacilities be designated as gender neutral for use by no more than one\noccupant at a time or for family or assisted use. Such gender neutral\nbathroom facilities shall be clearly designated by the posting of such\non or near the entry door of each facility. For purposes of this\nsection, "single-occupancy bathroom" shall have the same meaning as\nparagraph (d) of subdivision one of section one hundred forty-five of\nthe public buildings law.\n